Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Labour Inspection Convention, 1947 (No. 81) - Bahamas (Ratification: 1976)

Other comments on C081

Observation

Direct Request

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Article 15(b) and (c) of the Convention. Professional secrecy. Confidentiality of complaints. In its previous comments, the Committee requested the Government to provide information on the measures taken, including a reference to the relevant legislation, to give effect to the requirements of Article 15(b) and (c) of the Convention. In the absence of information in this respect, the Committee requests the Government once again to provide information on the measures taken or envisaged to ensure that labour inspectors: (i) are bound not to reveal, even after leaving the service, any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties; and (ii) treat as absolutely confidential the source of any complaint and give no intimation to the employer that an inspection visit was made in consequence of the receipt of such a complaint, in conformity with Article 15(b) and (c).

Articles 20 and 21. Annual general report on the work of the inspection services. In its previous comments, the Committee requested the Government to provide information on the measures taken or envisaged to compile and publish an annual report on the work of the inspection services. The Committee notes the Government’s indication in its report that officers of the labour inspectorate conducted inspection visits in various workplaces, such as construction sites, retail establishments, industrial enterprises, shipment facilities and businesses in the hospitality sector. Furthermore, the Government indicates that in 2014 labour inspectors dealt with 1,257 complaints, and that 98 per cent of those were resolved, while the remaining cases were referred to a conciliation process, pursuant to the industrial relations and employment laws. However, while taking due note of this information, the Committee notes with concern that once again the Government did not publish or submit the annual report on the work of the inspection services. The Committee urges the Government to take the necessary measures to ensure that annual reports on labour inspection are published and communicated regularly to the ILO within the time limits set out in Article 20 and that they contain the following information required by Article 21: (a) laws and regulations relevant to the work of the inspection service; (b) composition and number of staff of the labour inspection service consistent with the requirements under Articles 6, 7, 8, 9 and 10; (c) statistics of workplaces liable to inspection and the number of workers employed therein; (d) statistics of inspection visits consistent with the requirements under Article 16; (e) statistics of violations and penalties imposed consistent with the requirements under Articles 13, 17 and 18; and (f) and (g) statistics of industrial accidents and of occupational diseases, consistent with the requirements of Article 14.