Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report, received in the ILO on 2 September 2009, in reply to its previous comments and the attached statistics on labour inspection.

Articles 5(a) and 21(e) of the Convention. Effective cooperation between the labour inspectorate and the justice system. With reference to its general observation of 2007 in which it emphasized the value of effective cooperation between the labour inspectorate and the judiciary, the Committee notes that, according to the Government, such cooperation is carried out through an exchange of information, statistics and other data between the inspectorate and the High Judicial Council. However, the Government does not provide examples of the precise purpose and the manner in which the information exchanged is used. The Committee nevertheless notes that it is planned to establish a system for the registration of Court rulings, which would be accessible to the labour inspectorate.

While noting the provision of certain statistical data on the prosecutions initiated by the labour inspectorate as a result of workers’ complaints in 2006 and 2007, the Committee however notes that the data provided does not allow for any analysis, as elementary details are missing, such as the subject of the complaints, the legal provisions concerned and the nature of the court rulings. For example, an indication is provided that 415 of the 1,260 prosecutions referred to the courts in 2007 were set aside, without any explanation of the grounds for their dismissal. To be analysed and exploited, statistics should reflect an object and precise results. Analysis of the statistics on prosecutions following labour inspections should make it possible to verify whether they are mainly targeted at conditions of work and the protection of workers while engaged in their work, as envisaged by Article 3(1)(a), of the Convention, determine whether their dismissal was due to procedural errors attributable to labour inspectors, in which case measures would need to be taken to provide relevant training to the latter, and to ensure that court rulings correspond to the objectives of labour inspection and, if this is not the case, to develop measures to raise the awareness of magistrates concerning the importance of the socio-economic role of labour inspection. The Committee therefore requests the Government to take measures to establish cooperation between the labour inspection services and the judiciary so as to improve the effectiveness and credibility of labour inspection and allow publication in the annual inspection report of informative statistics and information on the impact of these activities. The Committee would be grateful if the Government would keep the ILO informed of any progress in this regard.

Article 12(1). Extent of the right of labour inspectors to enter freely premises and workplaces liable to inspection. In its previous comment, the Committee emphasized, as it did in paragraph 267 of its 2006 General Survey on labour inspection, that the fact that “the instruments provide that inspectors should be authorized to enter workplaces without previous notice does not mean that, where deemed useful or necessary by the inspector, the employer or his or her representative cannot be informed of the time and purpose of the inspection”. The Committee hopes that the Government will review its viewpoint on the meaning and scope of Article 12(1), of the Convention and accordingly take measures to amend section 7 of Ministerial Order No. 13 of 2005 in order to bring the legislation into conformity with the spirit and letter of the Convention on this point and that, while being authorized to carry out inspections freely and without notice, labour inspectors will also be able to inform the employer of their inspection or its purpose where they consider that such notification is useful or necessary for the effective supervision envisaged.

Article 15(c). Obligation to treat as confidential the existence of a complaint. While noting the legal provisions ensuring compliance by labour inspectors with the obligation of confidentiality in relation to the author of a complaint giving rise to an inspection, the Committee wishes to emphasize once again that the Government should ensure that these provisions are supplemented so that where, during an inspection carried out in response to a compliant, the inspector may decide not to inform the employer or his representative of the existence of such a complaint and proceed to carry out an investigation of the complaint in full discretion. Such a provision would have the effect of ensuring the protection of those lodging complaints by any reprisals from the employer or his representative.

Articles 14 and 21(f) and (g). Notification and statistics of industrial accidents and cases of occupational disease and the prevention of their recurrence. The Committee notes with interest that statistics of industrial accidents which occurred in 2008 are presented under the nationality of the victims, age group, cause, part of the body injured and resulting incapacity rate.

However, it observes that no information is provided with regard to cases of occupational diseases.

The Committee would be grateful if the Government would indicate the objective that is pursued through the criteria for the statistical identification of victims and of the factors of industrial accidents, with an indication of whether, and in what manner, such an objective is achieved.

The Committee also requests the Government to provide the statistics that are available of cases of occupational diseases and to ensure that such statistics are included in the annual labour inspection report and are used with a view to developing a relevant prevention policy. It would be grateful if the Government would provide information in its next report on any progress achieved in this respect and on any measures adopted to ensure the follow up of cases of occupational diseases among migrant workers, who make up the majority of the workforce engaged in workplaces liable to inspection.

Articles 20 and 21. Publication and content of the annual labour inspection report. While taking due note of the brief statistical data provided by the Government in the annex to its report, the Committee wishes to recall the importance that it attaches to compliance with the obligation of the publication and communication by the central inspection authority, within the time limits set out in Article 20, of an annual report containing useful information on each of the items covered by Article 21. Indeed, assessment of the level of application of the Convention is only possible where, in addition to legislative information, the Committee also has access to precise information on the application of the legislation in practice. Presented as suggested in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), (inspection staff, workplaces liable to inspection, persons employed therein, statistics of inspection visits, violations, penalties imposed, industrial accidents and occupational diseases), such information would also shed light on the operation of the labour inspection system in relation to the requirements of the Convention and would enable the central authority to determine priorities for action and the corresponding resources. With reference to its general observation of 2009 concerning the importance of establishing and updating a register of workplaces liable to labour inspection, containing information on the number and categories of workers employed therein (Article 21(c)), the Committee particularly requests the Government to ensure that measures are taken to ensure that the annual report contains such information which is indispensable for assessing the effective coverage of the inspection system in relation to the industrial and commercial workplaces liable to inspection. It would be grateful if the Government would provide information on any progress achieved in this respect.

The Committee requests the Government to ensure that, in any case, the central labour inspection authority publishes and communicates to the ILO, within the time limits set out in Article 20, a report on the activities undertaken by the services placed under its control and supervision, containing the information required by Article 21, and presented in so far as possible as indicated in Paragraph 9 of Recommendation No. 81.