Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Other comments on C081

Observation

Direct Request

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The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 3(1)(b) and (2) of the Convention. Labour inspectors’ duties in the area of occupational safety and health (OSH). The Committee previously noted that the labour inspectorate had planned to introduce a Safety Passport for every worker, which would include information on OSH skills and capacities, and the Committee requested information in this respect. The Committee notes the Government’s indication in its report in response that the Safety Passport will be introduced by the new Safety and Health Act, which has been approved by the Council of Ministers and the State Council, and submitted to the National Assembly. The Committee also notes that the Decent Work Country Programme (DWCP) of Suriname 2019–21 states that there are a number of challenges in the implementation of occupational safety and health; it is not possible to cover all sectors and areas with an understaffed labour inspection service, and that OSH standards are often not met, especially within the small-scale gold mining sector. To address the challenges, one outcome of the DWCP is the development of a labour inspection strategy, including specific procedures on enforcement of OSH laws. The Committee requests the Government to provide information on any developments regarding the adoption of the new Safety and Health Act, and to provide a copy once available. It also requests the Government to provide information on the development and implementation of the labour inspection strategy, including specific procedures on enforcement of OSH laws, within the framework of the DWCP 2019–21.

Article 7(3). Adequate training. The Committee notes the Government’s indication in response to its previous request on training, that trainings have been provided to labour inspectors on child labour and trafficking in persons. Moreover, the Ministry of Labour established a Transformation and Management Team (TMT) in 2018 entrusted with 19 tasks, including the development of training for labour inspectors. The TMT is currently preparing two training courses. However, the Government indicates that the general training of labour inspectors needs to be improved, and that newly recruited public servants need to receive training in order to be appointed as inspectors. There is also a need to train labour inspectors on the newly adopted labour legislation. In this respect, the Committee notes the information in the Government’s supplementary report that in 2019, a three-day training session on the new labour legislation was held for the labour inspectors. The Committee also notes that, according to the DWCP 2019–21, improvements in labour inspection will be done through training that will shift the quality of inspection from one that is focused on policing toward increased legal and regulatory compliance. Moreover, the ILO’s technical assistance and capacity-building in this area will include targeted training for labour inspectors on issues such as unfair dismissal, equality of treatment, violence in the workplace and sexual harassment, and forced labour and trafficking in persons. The Committee requests the Government to continue providing information on trainings provided for labour inspectors, including the subjects covered, the dates, and the number of participants for each training session. The Committee also requests the Government to provide information on the development of general training for labour inspectors and any further training courses on the newly adopted labour legislation.

Articles 10 and 11. Sufficient number of labour inspectors and necessary arrangements for the performance of the labour inspectors’ duties. Application in practice. The Committee previously noted that budgetary constraints hampered the full implementation of the Convention in practice, and that the labour inspectorate lacked sufficient qualified personnel, adequate housing and transport facilities to be present in the hinterland of the country. It requested the Government to provide information regarding the measures taken or envisaged to address the challenges identified.

The Committee notes the Government’s information that the TMT is taking measures to identify the human resources gaps and to prepare the recruitment of labour inspectors at all levels. In this regard, the Ministry of Labour established the recruitment and application commission to advise the minister on candidates for labour inspector vacancies. With regard to the transport expenses, the Government indicates that labour inspectors use their own vehicles for inspections and receive a monthly payment of 640 Surinamese dollars as a transport fee. The Council of Ministers has also approved the purchasing of five new pick-up trucks for the labour inspection. The Government further indicates that the TMT is in the process of facilitating the adoption of periodic inspection plan, which will provide data for further adjustments in transport facilities. The Committee also notes that, according to the DWCP 2019–21, the equipping and mandating of labour inspection services remains an area of urgency. The goal of the establishment of the TMT is to have a modernized, well-staffed, motivated and driven team with ample resources: trained inspectors, mobility and information communication technology (ICT) support to cover all areas within Suriname. The DWCP further states that the the Labour Inspection Unit will develop a strategy and an action plan to address the impact of scarce funding labour inspection services. The Committee requests the Government to continue providing information on the measures taken and results achieved, including in the context of the DWCP, to ensure the recruitment of a sufficient number of labour inspectors (Article 10 of the Convention) and the necessary arrangements to furnish labour inspectors with the transport facilities necessary for the performance of their duties (Article 11). In this respect, the Committee requests the Government to continue to provide information on the number of labour inspectors and their geographic distribution, as well as the specific transport facilities at their disposal. It also requests the Government to provide information on any progress made on the adoption of periodic inspection plans.

Article 14. Notification to the labour inspectorate of cases of occupational diseases. Following its previous comments requesting measures to ensure the notification of cases of occupational diseases to the labour inspectorate, the Committee notes the Government’s indication that the Ministry of Labour is preparing a proposal of a new Industrial Accidents Act, which will introduce some changes in the practice of notification of occupational accidents and diseases. The draft law was reviewed by the Labour Advisory Board and the Board’s opinion has been provided to the Ministry. The Committee further notes the indication in the Annual Labour Inspection Report, submitted with the Government’s supplementary report, that there were no occupational diseases notified for the period covered. The Committee requests the Government to provide information on any progress made regarding the adoption of the new Industrial Accidents Act with a view to ensuring that cases of occupational diseases are notified to the labour inspectorate, in compliance with Article 14 of the Convention, and to provide a copy once adopted.

Article 18. Penalties for violations of the legal provisions enforceable by labour inspectors. The Committee previously noted that the expeditious penal procedures introduced in the country in 2015 resulted in a much shorter cycle to complete penal proceedings with regard to violations of labour legislation and the imposition of fines, and it requested information on its impact.

The Committee notes the Government’s statement that the expeditious penal procedure is working well and that a steady number of cases are being brought to the courts following its operation. It also notes the information provided on the legislation for which violations were most commonly detected and the number of cases brought to the court. However, the Committee notes the Government’s information that the number of court cases for the first seven months of 2018 (21) declined substantially from the numbers for the same time period in each of the previous three years. The Committee requests the Government to provide information on the reasons for the substantial decline in court cases brought for labour violations, and on the application of adequate penalties for violations of legal provisions enforceable by labour inspectors in accordance with Article 18 of the Convention, including the relevant statistics, such as the number of contraventions detected, the number of cases submitted to court, and the outcome of the cases, including the number of fines imposed and paid.

Articles 20 and 21. Publication and communication of annual labour inspection reports. The Committee notes the Government’s indication that attention will be given to the capacity-building of the labour inspectorate in the DWCP 2019–21 in order to address the challenge of establishing the annual labour inspection report. In this respect, the Committee welcomes the Annual Labour Inspection Report covering 2019 until September 2020. The Committee requests the Government to continue to take measures to communicate annual reports of the labour inspectorate, in accordance with Article 20 of the Convention, ensuring that the annual report contains all of the subjects listed under Article 21(a)–(g) of the Convention.