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

Labour Inspection Convention, 1947 (No. 81) - Guinea - Bissau (Ratification: 1977)

Other comments on C081

Observation

Direct Request

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Articles 5(a) and 9 of the Convention. Cooperation between the inspection services and other government services, public or private institutions, employers and workers. The Government states that the General Labour Inspectorate seeks technical support from other institutions when dealing with cases and fields in which it does not have the necessary competencies. The Committee requests the Government to specify the institutions from which the General Labour Inspectorate seeks assistance in the cases mentioned above, to describe the mechanism and modalities of such cooperation and to send information on the coverage and results of such cooperation. In addition, referring to its general observation of 2007, the Committee would be grateful if the Government would provide information on any measures taken to ensure due diligence and substantive action by the judicial bodies on violation reports drawn up by labour inspectors and on proceedings concerning the same issues brought directly by workers or their organizations. Lastly, the Committee requests the Government to indicate the measures taken to promote cooperation between officials of the labour inspectorate and employers and workers or their organizations.

Article 14. Notification of the labour inspectorate of industrial accidents and cases of occupational disease. The Committee once again requests the Government to send the text adopted pursuant to section 56 of Decree No. 24 A/90 issuing Regulations on the General Labour and Social Security Inspectorate, which requires the employer to notify the General Labour Inspectorate of industrial accidents and cases of occupational disease, by sending a copy of the report transmitted to the National Insurance and Social Security Institute. The Committee would also be grateful if it would indicate the measures taken to ensure the collection of the relevant data for inclusion in an annual report, in accordance with Article 21(f) and (g) of the Convention. If this is not yet the case, the Committee requests the Government to take measures to that end, to keep the Office informed and to report any difficulties encountered.

Article 18. Adequate penalties. The Government states that the amounts of fines are derisory, as they were set when the currency in use was still the peso. The Committee requests the Government to ensure that measures are taken so that the penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing inspectors in the performance of their duties are fixed in such a way as to retain their deterrent effect irrespective of monetary fluctuations, and to keep the Office informed of any developments in this regard.

Article 19. Periodical reports. The Committee once again requests the Government to send copies, by way of example, of the quarterly reports on the inspection activities undertaken and the results achieved, which sectoral or provincial inspectors are required to submit to their superiors for examination under section 17(h) of the abovementioned Regulations. The Committee would also be grateful if the Government would supply information on the practical use made of the data contained in such reports.

Articles 20 and 21. Publication and transmission of an annual report. The Committee once again requests the Government to take steps to fulfil the conditions, as prescribed by Article 20, enabling the publication and transmission to the ILO of an annual general report on the work of the inspection services, containing available information on each of the subjects listed in Article 21. The Committee draws the Government’s attention to the possibility of requesting technical assistance from the Office to that end.