Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

The Committee notes the information contained in the Government’s report on the developments which have occurred in the organization and functioning of the general labour inspectorate with the implementation of Decree No. 05-05 of 6 January 2005 and also on their results in practice. It notes the redistribution of its functions among the central bodies and the restructuring of the decentralized labour inspection bodies with a view to adapting to the new realities of the working environment. In particular, the Committee notes the provisions of the above Decree relating to: the formulation, implementation and evaluation of annual and multi-annual training plans for labour inspection staff (section 13 respecting the functions of the training and documentation subdirectorate); the formulation and implementation of a prevention and monitoring strategy in occupational health, safety and medicine, and also the implementation of cooperation between the labour inspection services and the partners and institutions concerned in the various areas of enforcement of labour standards (section 5 respecting the functions of the directorate of occupational relations and monitoring of working conditions); the formulation of a development strategy for the computerization and compilation of statistics and the establishment of a system for the collection, processing and consolidation of all statistical information in relation to the work of labour inspectors (sections 10 and 14 respecting the functions of the administration and training directorate and the computerization and statistics subdirectorate, respectively); the establishment and updating of the register of enterprises (section 9 respecting the functions of the standardization and methodology subdirectorate); and the periodic assessment of offences reported by the labour inspectorate and the evaluation of follow-up action taken by the competent authorities (same section). With reference to its observation of 2007, the Committee also notes that the wilaya labour inspectorate (the decentralized inspection body at the departmental level) is responsible for monitoring the procedures and actions instituted by the labour inspectorate in the courts and for keeping the hierarchical authority informed (section 24).

The Committee also notes the adoption of the texts implementing the above Decree, namely: the Inter-ministerial Orders of 16 August 2005 concerning the organization and territorial competence of (i) labour inspection offices, and (ii) regional labour inspectorates, and also concerning the organization of labour inspection at the wilaya level; and the Inter-ministerial Order of 18 January 2006 establishing the office structure of the general labour inspectorate.

Articles 20 and 21 of the Convention. Publication and communication of an annual inspection report. Improvements to labour inspection statistics and dissemination of other information on labour inspection activities. The Committee notes, further to its repeated requests, the communication by the central labour inspection authority of two reports including information on developments in the working of the labour inspection system, statistics on inspection activities relating to the subjects covered by Article 3(1)(a), of the Convention, and on their results for 2007 and the first six months of 2008. The statistics cover the enforcement of the relevant legal provisions (Article 21(d) and (e)) and also the information and advice provided to employers and workers at their request or through planned activities (Article 3(1)(b)).

The statistical summaries for inspections are disaggregated by sector of the economy (public and private), type of inspection (routine, follow-up and special) and branch of activity (agriculture, industry, construction and public works, services). Statistics of the offences reported by the labour inspectorate are disaggregated by the number of reported warnings issued and written comments.

The Committee also notes that the construction sector has been the subject of particular vigilance on the part of the inspection services and that advice has been given by the inspectorate to strengthen observance of the legal provisions relating to safety and health. The reports also refer to the celebration for the fourth consecutive year of the World Day for Safety and Health at Work, organized by the National Institute for the Prevention of Occupational Risks, at the headquarters of the National Oil Well Services Company (ENSP), at the Hassi-Messaoud oilfield. Apart from communications on the management of occupational risks, particularly concerning a key aspect of the safety and health culture at the workplace, namely the principle of the use of personal protective equipment, reference was also made to the relevant ILO Conventions and Recommendations. Similarly, the World Day against Child Labour, with the participation of the ILO representative, provided an opportunity for the chief labour inspector to present occupational safety and health measures, and particularly the establishment of a national commission responsible for coordinating action by the ministerial departments concerned. The Day was celebrated by seven regional labour inspectorates (Annaba, Oran, Constantine, Batna, Tiret, Ouargla and Bechar).

The Committee also notes the inclusion in the reports published by the general labour inspectorate of technical, legislative and practical information for use by inspectors and employers and workers on issues related to conditions of work and the protection of workers. For example, the 2007 inspection report dealt with methods for preventing chemical hazards in industry and the role of the labour inspectorate in prosecuting breaches of the legislation respecting remuneration.

Article 7. Further training of labour inspectors, particularly through knowledge transfer (dissemination programme). The Committee notes that internal further training programmes for inspectors covered a variety of subjects during the reporting period, for example the exercise of the right to organize, home work, investigation and monitoring techniques, the establishment of contracts covering the employment relationship and the organization of the prevention of occupational risks. The Committee also notes that senior inspectors who attended training programmes abroad are given the task of transferring knowledge and competence thus acquired to other labour inspectors. It also notes that, in the context of its training programme, the Ministry of Labour, Employment and Social Security organized training on the treatment of psychological and social problems related to work, entitled the “SOLVE Programme”.

Article 11. Improving the conditions of work of labour inspectors. The Committee also notes the information in the Government’s report and the general labour inspectorate’s reports concerning the adoption of specific financial measures taken by the Government to reinforce the operational resources of the inspectorate and enhance its credibility.

Labour inspection buildings (offices and staff housing). The Committee notes the completion of buildings housing the new labour inspection headquarters in several wilaya capitals and other local inspection services (Oum El Bouaghi, Adrar, Illizi, Ouenza), and also the detailed information on the progress made on other building projects across the country, which are due to be completed in 2009. It notes that a total of 43 projects are being undertaken for the construction of new inspection headquarters, the extension and equipment of other inspection offices, and the creation of official housing for each inspectorate.

Office equipment and transport facilities. The inspection services have more than 912 computers, or one per inspector, as they are considered an essential tool for the development of management and communication methods. It should be noted that, in the context of special programmes, 15 wilayas in the High Plateau region and five wilayas in the south of the country have been the recipients of office furniture, computers and copying equipment, and also 12 vehicles, including nine four-wheel drive vehicles, out of the 128 new vehicles purchased by the general labour inspectorate in 2006 and 2007.

The Committee hopes that adequate financial resources will be allocated so that the legal and organizational measures taken will be given effect in practice and will lead to a substantial improvement in the effectiveness of labour inspection activities in accordance with the objectives of the Convention. The Committee also hopes that relevant information will continue to be supplied by the Government in its report on the application of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.