Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Referring also to its observation, the Committee notes that the Government has still not replied to its previous direct request under Articles 3 and 8 of the Convention. It therefore feels bound to reiterate the corresponding paragraphs in the request, on the following points:

Article 3. Main functions of the labour inspection system, duties in the area of labour relations and incidental administrative tasks. With reference to its previous comments, the Committee notes from the tables showing the activities carried out in 2005 by the regional labour inspection services, that most of the inspectors’ work concerned the settlement of labour disputes and various operations involving the calculation of social benefits due to workers. It notes that there are plans for 2007 to strengthen the inspectorate staff by further recruitment and training, depending on available budgetary resources. The Committee would be grateful if the Government would shortly take measures to ensure that the labour inspectors’ main duties consist of supervision and the provision of information and advice, as prescribed by Article 3, paragraph 1, and to ensure the enforcement of legal provisions and working conditions and the protection of workers. It requests the Government to provide information on any developments in this respect and in respect of the strengthening of the labour inspectorate’s human resources.

Article 8. Eligibility of both men and women for appointment to the inspection staff; special duties assigned to men and women inspectors. According to the Government, from preference, women labour inspectors are placed in charge of matters pertaining to the working conditions of women and children, male inspectors responsible for the supervision of occupational safety and health and minimum wages. The Committee would be grateful if the Government would indicate how the distribution of duties between men and women labour inspectors is organized in practice when the personnel of a workplace comprises men, women and young workers.

Furthermore, the Committee requests the Government to provide additional information on the following point.

Articles 9 and 13. Collaboration between technical experts and specialists in the work of the labour inspection services and the exercise of the right to issue orders on matters relating to occupational safety and health. According to the Government, the responsibility for applying the relevant legislation lies with specialists from the Occupational Safety and Health Department of the Ministry of Labour and Social Security with the support and advice from the Medical Department. Under Executive Decree No. 49-84, these officials are also responsible for directly supervising the application and strict observation of provisions under collective agreements and arbitration decisions that are relative in this area. The Government specifies that they are able, if they consider it necessary, to investigate the cause of certain types of occupational accidents. Furthermore, the Committee notes that, pursuant to section 617(c) of the Labour Code, labour inspectors may examine the safety and health conditions of workplaces and must ensure that the legislation in force on the prevention of occupational accidents and diseases is applied. The Government is requested to specify the division of work between the occupational safety and health officials and labour inspectors covered by this provision. The Committee would be grateful if the Government would indicate the practical arrangements of their collaboration, as well as the authority to which reports on occupational safety and health and occupational accidents are addressed.

The Committee requests the Government to specify the legal provisions in force applying the provisions of Article 13 of the Convention concerning the right to issue orders to employers, with or without a specified time limit, in the event of danger to the health or safety of workers, and to provide the Office with a copy of the abovementioned Decree No. 49-84 in force in its actual form.