Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Saint Vincent and the Grenadines (Ratification: 2010)

Other comments on C129

Observation

Direct Request

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The Committee notes the Government’s first report on the application of the Convention.

Legislation. The Committee would be grateful if the Government would provide a copy of the Accidents and Occupational Diseases (Notification) Act of the Laws of St. Vincent and the Grenadines Revised Edition 2009 – Vol. 7, and of the Wages Councils Act of the Laws of St. Vincent and the Grenadines Revised Edition 2009 – Vol. 7.

Articles 8 and 9(3) of the Convention. Conditions of service and training of labour inspectors. The Committee notes from the Government’s report that labour inspectors are public servants within the Department of Labour and that they are recruited through the Public Service Commission in accordance with the Civil Service Order. The Committee also notes that technical experts or other specialists in respect of labour inspection in agriculture are available and called upon whenever necessary. With reference to paragraph 204 of the 2006 General Survey on labour inspection, the Committee wishes to emphasize that it is vital that the status, level of remuneration and career prospects of inspectors be such that they reflect the complexity and socio-economic implications of their duties so that high-quality staff are attracted, retained and protected from any improper influence. The Committee requests the Government to specify the conditions of service of labour inspectors as regards in particular, stability of employment, wages and career prospects, in relation to other types of public officials performing similar duties (e.g. social security and tax inspectors).

Furthermore, noting from the Government’s report that training for labour inspectors is generally sourced from the ILO or the Organization of American States (OAS), the Committee requests the Government to provide detailed information on the subjects, attendance, frequency and impact of training activities provided to labour inspectors upon their entry into service and in the course of employment to enable them to acquire the technical knowledge required for the performance of their duties in agriculture.

Articles 14, 15 and 21. Number of labour inspectors, transport facilities and reimbursement of professional travel expenses. The Committee notes from the Government’s report that labour inspectors operate from a central office, equipped with adequate technological and telecommunications facilities including a labour market information system, which is used to record and generate reports on labour inspections. Labour inspectors are paid monthly travel allowances to offset costs incidental to the performance of their duties. The Committee requests the Government to provide detailed information on the number and distribution of labour inspectors by region, category of staff and level of qualification. The Committee would also be grateful if the Government would provide an evaluation of the needs of the labour inspectorate in human resources in light of the criteria provided in Article 14 of the Convention, and indicate the measures taken to ensure that workplaces are inspected as often and as thoroughly as necessary, in accordance with Article 21 of the Convention.

Furthermore, recalling the importance of transport facilities for the effective exercise of the functions of labour inspectors in agriculture, including appropriate vehicles to reach enterprises in remote areas, the Committee asks the Government to specify the number of vehicles at the disposal of labour inspectors in agriculture, and to provide a copy of the forms used to pay monthly travel allowances.

Article 17. Preventive control. The Committee notes that the Government is in the process of enacting legislation to give effect to the provisions of Article 17 of the Convention. The Committee requests the Government to provide copy of the relevant legal text as soon as it is adopted.

Article 19. Notification of industrial accidents and cases of occupational diseases. The Committee requests the Government to describe the system of recording and notification of industrial accidents and the cases of occupational disease, and to indicate the role of the labour inspectorate in this framework. In this respect, the Committee draws the Government’s attention to the ILO code of practice on the recording and notification of occupational accidents and diseases which offers guidance on the collection, recording and notification of reliable data and the effective use of such data for preventive action (available at www.ilo.org/safework/normative/codes/lang--en/docName--WCMS_107800/ index.htm).

Articles 22, 23 and 24. Prevention and enforcement of the Convention. The Committee notes that, according to the Government’s first report, the Wages Councils Act of the Laws of St. Vincent and the Grenadines Revised Edition 2009 – Vol. 7 gives effect to these Articles of the Convention. The Committee would be grateful if the Government would indicate the activities, in the areas of both prevention and enforcement, carried out by the labour inspectorate during the reporting period.

Articles 26 and 27. Reporting obligations on the activities of the labour inspection services. The Committee notes from the Government’s first report that annual reports are regularly produced and published within the country. However, copies have not been submitted to the ILO. The Committee reminds the Government of the obligation of the central authority to publish and send to the ILO, in accordance with Article 26 of the Convention, an annual general report containing the information required in each clause of Article 27(a)–(g). Recalling the importance of publishing a consolidated annual inspection report as part of a mechanism for the ongoing improvement of the functioning of the labour inspection system, the Committee asks the Government to communicate to the ILO, in accordance with Article 26 of the Convention, an annual report on the work of the labour inspection services in agriculture, either as a separate report, or as part of its general annual report, containing the information required in Article 27(a)–(g) of the Convention.