Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

With reference to its observation, the Committee notes with interest the numerous provisions of Instruction No. 35/2 of 12 April 2006 establishing the professional rules and functions, rights and duties of labour inspectors and deputy inspectors in accordance with the numerous provisions of the Convention. It nevertheless draws the Government’s attention to the need for modifications on the following points.

Article 3, paragraph 2, of the Convention. Additional function of supervision in relation to the operation and activities of occupational organizations. Instruction No. 35/2 of 12 April 2006 reproduces the wording of section 2(c) of Order No. 3273 of 26 June 2000 which, as the Committee indicated in its comment in 2004, confers upon labour inspectors a function which appears to be closer to inference by the administrative authorities in the affairs of occupational organizations than a function of supervision of the application of the legislation relating to conditions of work and the protection of workers. The Committee therefore expressed the hope that the Government would rapidly take measures to adopt legal provisions to limit the intervention of labour inspectors in the internal affairs of occupational organizations to cases of irregularities or violations of the legislation denounced by a significant number of trade union members. In paragraph 80 of its General Survey of 2006 on labour inspection, the Committee emphasized the risk which arises from broad powers of control by inspectors in relation to occupational organizations. The Committee is therefore bound to request the Government once again to take measures to limit the scope of inspection in relation to trade union affairs to cases of irregularities or violations of the legislation denounced by a significant number of trade union members.

Article 12, paragraph 1(a). Harmonization of the regulations respecting the right of labour inspectors to enter freely workplaces liable to inspection. The Committee notes that the Instruction referred to above is in contradiction with Decree No. 16051 of 29 December 2005 in that it does not extend the right of inspectors to enter freely workplaces liable to inspection beyond the normal hours of work of establishments and enterprises liable to inspection. It trusts that this consists of an omission and that the Government will not fail to take the necessary measures to supplement Instruction No. 35/2 of 12 April 2006 in the very near future to bring it into conformity with Decree No. 16051 referred to above on the matter raised in the observation.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes that industrial accidents and cases of occupational disease are not notified to labour inspectors, as required by Article 14, whereas such information is indispensable to enable them to discharge their preventive function as effectively as possible in relation to employers and workers, and for the central inspection authority to compile the relevant statistics with a view to the development of an appropriate prevention policy. It requests the Government to take legislative and practical measures to determine the cases and manner in which labour inspectors shall be notified of industrial accidents and cases of occupational disease.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the work of the inspection services. While noting the information provided by the Government in its reports on the work of the inspection services during the periods covered, the Committee once again requests the Government to ensure that an annual report on the work of the inspection services is published in the near future, in accordance with Article 20, and that it contains information on each of the subjects covered by Article 21, if possible in detail, as advocated by Part IV of the Labour Inspection Recommendation, 1947 (No. 81).