Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Labour Inspection Convention, 1947 (No. 81) - Belize (Ratification: 1983)

Other comments on C081

Observation

Direct Request

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Article 3(2) of the Convention. Additional functions assigned to labour inspectors. Following its previous comments, the Committee notes that, according to the Government’s report, Senior Labour Officers and Labour Officers devote approximately 45 per cent of their time to investigate complaints lodged by workers, which includes recording complaints, interviews with witnesses, mediation with employers and workers and visits at worksites. According to the Government, conciliation is not included as a duty of Employment Officers. The Committee notes that conciliation and mediation are not among the duties entrusted to labour inspectors according to section 9 of the Labour Act, Chapter 297, Revised Edition 2020. The Committee recalls that, pursuant to Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors, including mediation, shall not be such as to interfere with the effective discharge of those primary duties or 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 continue to provide information on the time and resources spent on mediation, vetting permit applications from foreign workers, and fostering trade unionism by Senior Labour Officers and Labour Officers in relation to the primary duties as defined in Article 3(1) of Convention No. 81. The Committee once again requests the Government to provide information on the measures adopted in order to ensure, in accordance with Article 3(2) of the Convention, that additional functions which are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers are assigned to labour inspectors only insofar as they do not interfere with the effective discharge of their primary labour inspection duties.

Articles 6, 10, 11 and 16. Resources and structure of the labour inspection system. Following its previous comments, the Committee notes the information provided by the Government that there are currently 24 Officers countrywide, among which three are Senior Labour Officers, twelve are Labour Officers, and nine are Employment Officers, all vested with the authority to conduct labour inspections. According to the Government, since the last report, the Labour Department was divided into four administrative regions: Northern, Eastern, Southern and Western. The Government indicates that a Senior Labour Officer supervises the first three regions, and a Deputy Labour Commissioner supervises the fourth. The Government also indicates that status and conditions of service of labour inspectors are the same as those of public officials performing similar functions because they are governed by the same legislation, that is, the Government Workers Regulations or the Public Service Regulations. The Committee requests the Government to provide further information on the impact of the division into administrative regions on the labour inspection system, including information on the number of inspection visits conducted in each region. Noting the information already provided, the Committee requests the Government to provide comparative information on the current remuneration scale of labour inspectors in relation to public officials performing similar functions, such as tax inspectors or police officers.

Article 7(3). Training of labour inspectors. Following its previous comments, the Committee notes that the Government provides detailed information on the training of labour inspectors for the period 2012 to 2017, including the duration of the training, the subjects and the number of participants. The Committee requests the Government to provide further information on training for the period beginning 2022.

Articles 13(2) and 14. Powers of injunction in relation to occupational safety and health and notification of industrial accidents. Following its previous comments, the Committee notes that, according to the Government, Section 7 of the Labour Act, Chapter 297, Revised Edition 2020, empowers a Labour Inspector to institute proceedings in respect of offences committed by an employer. The Committee also notes the Government’s indication that since the National Occupational Safety and Health (NOSH) Bill has not been enacted, labour inspectors continue to utilize a combination of advisory and supervisory measures to engage employers so as to prevent any situation whereby the health and safety of workers and others could be in imminent danger. The Committee also notes that according to the Government, the Social Security Board collaborates with the Labour Department through joint inspections at workplaces, education sessions with employers and workers and by sharing information with the Department. The Committee requests the Government to provide information concerning the current status of the adoption of the NOSH Bill and to continue to provide information on the effect given in practice to Articles 13(2) and 14 of the Convention, pending the adoption of the Bill.The Committee also requests the Government to indicate if the information shared by the Social Security Board with the Labour Department includes statistics on industrial accidents and cases of occupational diseases.

Articles 20 and 21. Annual inspection report. The Committee notes that, according to the Government, the Labour Department has prepared an annual report on the work of the inspection services since 2019, although they were not published. The Committee also notes that the Government report contains information on the staff of the labour inspection service and statistics on inspection visits. The Committee requests the Government to ensure that the central authority publishes and communicates to the ILO an annual report on labour inspection activities containing information on all the subjects listed in Article 21 of Convention No. 81, including statistical information on workplaces liable to inspection and the number of workers employed therein (Article 21 (c)), the statistics of violations and penalties imposed (Article 21(e)), statistics of industrial accidents (Article 21(f)) and statistics of occupational diseases (Article 21(g)).