Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Repetition

The Committee notes the Government’s report and the adoption, on 13 May 2008, of Act No. 028-2008/AN issuing the Labour Code. It would like to draw the Government’s attention to the following points.

Articles 3 and 10 of the Convention. Duties and number of labour inspection staff. The Committee notes that, according to the Government, labour inspectors (22) and controllers (5) employed in the central offices carry out the roles and duties coming under the services or departments to which they are posted. Taking into account the large number of inspection staff appointed at the central level compared to the total number of staff employed in the country, the Committee would be grateful if the Government would indicate the number and distribution of labour inspectors and controllers who primarily carry out inspection duties, as defined by Article 3, paragraph 1, of the Convention, namely: (a) securing the enforcement of the legal provisions relating to conditions of work and the protection of workers; (b) supplying information and advice to workers and employers; and (c) duties related to improving the labour legislation.

Noting that, according to the new Labour Code (sections 320 et seq.; sections 369 et seq.), labour inspectors retain a role in the settlement of individual and collective labour disputes, the Committee requests the Government to provide information on the proportion of the activities of these public servants devoted to the settlement of disputes compared to the proportion devoted to the above inspection duties.

Emphasizing that, in accordance with Article 3(2) the Government shall ensure that duties other than those provided for by Article 3(1) of the Convention, entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers, the Committee requests the Government to indicate the manner in which effect is given to this provision of the Convention.

Article 7(3). Training of labour inspection staff. The Committee notes the increase in the number of persons being trained in 2008 compared to 2007 (44 in the category of inspectors compared to 34 in 2007 and 45 in the category of controllers compared to 33 in 2007). The Committee requests the Government to provide information on the training received by these public servants (duration, content), by indicating whether this training is provided with a view to their taking up the post of labour inspector or controller or as training during the course of their employment as inspectors and controllers already appointed.

Article 11. Reimbursement of travelling and incidental expenses of labour inspection staff. Means of transport available to them. The Committee once again requests the Government to provide a copy of the legal text which provides for the coverage of the travelling expenses of labour inspection staff referred to by the Government in its report. It also requests it to indicate whether provisions have been adopted under section 392 of the Labour Code which provides that “benefits in kind granted to labour inspectors shall be established by regulation” and, if so, to provide a copy to the Office. The Government is once again requested to provide detailed information on the means of transport available to labour inspectors and controllers performing their duties in the regions.

Article 12. Investigatory powers of labour inspectors. The Committee notes that inspectors’ powers have been supplemented, according to the provisions of section 397(4)(3) of the Labour Code, by the power “to take, remove or have someone remove for purposes of analysis samples of materials or substances used or handled, subject to the employer or his representative being notified”, in accordance with Article 12(1)(c)(iv). The Committee would nonetheless like to draw the Government’s attention to section 397 of the Labour Code, which does not provide for the right of inspectors to copy registers or make extracts from them (Article 12(1)(c)(ii)), nor to enforce the posting of notices required by the legal provisions (Article 12(1)(c)(iii)). It therefore requests the Government to keep the Office informed of the measures taken or envisaged to ensure that the provisions of the Labour Code concerning the powers of labour inspectors are supplemented in this regard.

Articles 19, 20 and 21. Periodic reports and annual report on the activities of the labour inspection services. Referring to its previous comments, the Committee once again notes with regret that no report has been provided to the Office, as a result of which, in the absence of statistics on the activities of the labour inspectorate, it is still unable to assess its operation in practice.

The Committee notes, however, that the Government mentions the creation in 2006 of a statistics directorate responsible in particular for establishing, in collaboration with the competent institutions, a register of the establishments subject to labour legislation obligations. The Committee hopes that this register will be created in the near future and requests the Government to keep the Office informed of any developments in this regard. Furthermore, in order to facilitate the collection and transmission of data, the Committee hopes that the Government will ensure the creation and availability to labour inspectors and controllers of tools, such as inspection forms, adapted to the various categories of establishment and containing, for example, headings concerning the type of inspection, the legislative areas covered by the inspection, violations reported and follow-up action taken (advice, information, notice of default, official report, etc.). It also hopes that periodic reports will be prepared by the regional inspection services and that, in accordance with Article 19, these reports will be submitted to the central inspection authority so that this authority is able to prepare and publish, in the near future, an annual report containing the information required by Article 21. The Government is requested to take the necessary measures to that end, in accordance with the provisions of Articles 19, 20 and 21 of the Convention.