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Repetition Referring to its observation, the Committee wishes to raise the following additional points. Articles 2(1), 6, 10, 11, 12(1)(a) and (b) and 23 of the Convention. Labour inspections in the oil sector. The Committee notes the Government’s indication that it is endeavouring to promulgate a statute regulating work in oil companies, which would provide for: (i) the assumption of travel and accommodation costs of labour inspectors by the Ministry of Petroleum and the Ministry of Social and Labour Affairs (MOSAL); and (ii) the non-notification of oil companies regarding the timing of inspection visits. The Government further indicates that, in practice, travel costs of labour inspectors are assumed by the Government, but that oil companies are notified prior to inspection visits and requested to make arrangements for accommodation and food, in view of the lack of these amenities on the ground. The Committee asks the Government to take the necessary measures in law and practice to ensure that oil companies are not notified prior to inspection visits so as to ensure the effectiveness of inspections, and to provide information on the relevant steps taken in this regard. It asks the Government to provide a copy of the abovementioned statute, once it has been adopted, if possible in one of the working languages of the ILO. Article 3(2). Additional functions entrusted to labour inspectors. The Committee notes the Government’s reference to the role of labour inspectors in the conciliation of individual and collective labour disputes. Following up on its previous comments in this regard, the Committee would like to draw the Government’s attention to paragraph 69 of its General Survey of 2006 on labour inspection, in which it emphasized that the primary duties of labour inspectors are complex and require time, resources, training and considerable freedom of action and movement, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. With specific regard to functions exercised in the context of labour disputes, the Committee refers the Government to the guidance contained in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. Referring to its previous direct request, the Committee once again asks the Government to indicate the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties and, where appropriate, to take measures to relieve labour inspectors of conciliation duties so that they can resume their primary duties as defined in Article 3(1) of the Convention with a view to enabling them to carry out inspections in the highest possible number of industrial and commercial workplaces liable to inspection. Articles 5(a), 17 and 18. Cooperation with the judicial authorities. The Committee notes that the Government’s report does not provide the requested information on this subject. It would like to draw the Government’s attention to its general observation of 2007 on the importance of cooperation between the labour inspectorate and the justice system for the effective enforcement of legal provisions relating to conditions of work and the protection of workers. The Committee once again requests the Government to identify measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities (such as joint meetings to discuss practical aspects of cooperation, joint training on the procedural and material aspects of labour law and inspection procedures, the establishment of a system for the recording of judicial decisions accessible to labour inspectors, etc.). Article 5(b). Collaboration with employers and workers or their organizations. The Committee notes that the Government’s report does not provide the requested information concerning the measures taken for the active involvement of the social partners in labour inspection activities as recommended in the ILO labour inspection audit, conducted at the request of the Government in 2009. However, the Committee understands from the information provided by the Government, that draft amendments to the Labour Code have been approved and will be submitted to the Parliament, and that they contain provisions for the collaboration with employers’ representatives. The Committee once again asks the Government to identify the measures taken or envisaged to promote effective collaboration between labour inspectors and employers’ and workers’ organizations (such as the development and implementation of related policies and strategies, and capacity building for the social partners through training and awareness-raising measures). It also asks the Government to indicate the relevant provisions in the amended Labour Code. Articles 7. Recruitment of sufficiently qualified labour inspectors and their initial and subsequent training. The Committee notes the Government’s indication that amendments to the Labour Code, to be submitted to Parliament, require labour inspectors to have scientific qualifications and suitable experience in the areas of chemistry, law, medicine, technology and engineering. It also notes that the MOSAL is currently organizing training courses for new employees, with the support of the ILO and the Arab Labour Organization (for example, ten employees from the General Administration of Occupational Safety and Health received OSH training in Egypt for a duration of ten days). The Government also indicates that it will do its utmost to provide further training opportunities to labour inspectors in the future. The Committee asks the Government to provide further information on the measures taken or envisaged to ensure that labour inspectors are adequately trained on a regular basis, both when they enter the service and during the course of their employment. Please also continue to provide information on the training activities undertaken during the period covered by the next report (the subjects covered, the frequency of such training and number of participants, etc.). Articles 3(1)(b), 13 and 14. Notification to the labour inspectorate of industrial accidents and cases of occupational diseases, and inspection activities aimed at their prevention. The Committee notes that the Government’s report contains no response in relation to the questions raised in relation to the application of the abovementioned Articles. It therefore once again asks the Government to provide information on any measures taken or envisaged for the development of a system for the notification, investigation and documentation of industrial accidents and cases of occupational disease as recommended in the labour inspection audit, including legislative measures to determine the cases, conditions and the manner in which the labour inspectorate must be informed of industrial accidents and cases of occupational disease. The Committee also once again asks the Government to provide information and data on the preventive action taken at the request of the labour inspection services with a view to remedying defects observed in plant, layout or working methods which labour inspectors may have reasonable cause to believe constitute a threat to the health or safety of the workers, including the measures ordered with immediate executory force because of imminent danger to the health or safety of the workers, following a relevant request by the labour inspectorate. Articles 2(1), 5(a), 10, 16, 19, 20, 21 and 23. Labour inspection reports as tools for evaluating and improving the operation of the inspectorate. The Committee notes the Government’s indications that it was not possible, due to the political situation in Yemen, until the elections in February 2014, to undertake labour inspections in the regions. It also notes that once the political situation in Yemen stabilizes, the MOSAL envisages the preparation of inspection plans and the collection of relevant statistics, in coordination with other relevant ministries. Referring to its previous direct request on the subject, the Committee asks the Government to identify the measures taken or envisaged with regard to the establishment of a national register of enterprises, as recommended in the 2009 ILO labour inspection audit referred to above. It once again asks the Government to take all the necessary steps to ensure that an annual inspection report is published and sent to the ILO within the time limits set by Article 20 of the Convention, containing the information required by Article 21(a)–(g).
Repetition Labour law reform. The Committee notes the Government’s indication that draft amendments to the Labour Code have been approved and will be submitted to the Parliament. In this regard it notes that the Government does not provide information in relation to the legislative measures taken to address the issues previously raised by the Committee, namely whether the draft amendments provide for the power of labour inspectors to interrogate employers or workers (Article 12(c)(i)) of the Convention, and whether it provides for an increase in the sanctions for labour law violations, including obstruction of labour inspectors so that they are sufficiently dissuasive (Articles 17 and 18). The Committee asks the Government to provide information on any legislative measures taken with regard to the abovementioned issues under Articles 12(c)(i), 17 and 18 of the Convention and to supply a copy of the revised Labour Code once it has been adopted. Articles 4, 5(a) 6, 8, 9, 10 and 11 of the Convention. Effective organization and functioning of the labour inspection system under the supervision and control of a central authority, including the provision of sufficient human resources and material means to the labour inspection services and adequate conditions of service to labour inspectors. The Committee previously noted, from the ILO labour inspection audit conducted at the request of the Government in 2009, that: (i) there is insufficient coordination between the two departments entrusted with labour inspection at the Ministry of Social and Labour Affairs (MOSAL) (namely the Directorate for the General Administration of Labour Inspection (GALI) and the General Administration of Occupational Safety and Health (GAOSH)); as well as insufficient coordination between the MOSAL and GALI and other government services that carry out similar services; (ii) the number of labour inspectors and women inspectors, including specialists in occupational safety and health (OSH) is insufficient; (iii) there is a lack of minimum logistical requirements for labour inspection (no transport means and no reimbursement of work-related expenses, no access of labour inspectors to computers and the Internet, etc.); and (iv) labour inspectors have inadequate salaries and allowances to cover at least basic living conditions. The Committee notes the Government’s indication that coordination between the GALI and the GAOSH in the labour relations sector of the MOSAL is continuous, and that there are plans to strengthen coordination of the labour inspection services with the General Corporation for Social Insurance (GSCI) and other relevant bodies. The Committee also notes that the MOSAL is considering the possibility of establishing an independent institution under the MOSAL, integrating the functions of labour inspection and OSH, as recommended in the 2009 ILO labour inspection audit. However, the Government indicates that the economic conditions are not currently appropriate and that the Government is trying to find financial resources to pay for the Ministry’s activities. As for the conditions of service of labour inspectors, the Government indicates that the MOSAL intends to request additional budgetary resources, intended for labour and OSH inspectors, within the Ministry’s budget over coming years. The Committee encourages the Government to do its utmost to provide the labour inspection services with the financial resources necessary to operate effectively, and to provide up-to-date information on the budget of the MOSAL allocated for this purpose, also specifying the proportion of the national budget. In this regard, the Committee once again asks the Government to report in detail on the concrete measures taken or envisaged for the implementation of the recommendations in the 2009 labour inspection audit, in particular: (i) the measures put in place to secure effective cooperation between the GALI, the GAOSH and the other public or private institutions and bodies engaged in work similar to labour inspection; (ii) the increase in the number of labour inspectors; (iii) the provision of adequate material resources (including computers, equipment and means of transport available); and (iv) the measures taken to ensure that the conditions of service of labour inspections, including the system of remuneration and wage levels, are such that labour inspectors are independent of improper external influences, and that they enjoy the required neutrality for the proper discharge of their duties, in conformity with the principles laid down in Article 6.
The Committee notes that the information provided by the Government in reply to the numerous points raised in its previous comments are very general and vague and therefore do not allow any assessment of the level of application of the Convention. It is therefore bound to repeat its previous requests, which read as follows:
Articles 19, 20 and 21 of the Convention. The Committee’s follow-up of the content of labour inspection reports as tools for evaluating and improving the operation of the inspectorate. In the comments that it has been making for nearly 20 years, the Committee has encouraged the Government to take the necessary steps to publish and send to the ILO an annual inspection report containing in particular, the information required on the matters listed at clauses (a) to (g) of Article 21 of the Convention. In the dialogue that it has held with the Government over these years, the Committee has noted that despite the political and economic difficulties it has had to cope with, the Government has done its utmost to send available information, largely in the form of statistical tables on some of the subjects covered by the Convention pertaining to one or other geographical or administrative division of the country. The Government has repeatedly stated, however, that the labour inspectorate’s lack of financial resources was the cause of the failure to publish an annual report as required by the Convention. In 1994, the Committee noted with interest an annual report on the work of the inspection services for an earlier period, but pointed out that it lacked information essential to an assessment of the extent to which the labour inspection system actually covers the duties that have to be discharged (for example, the number of workplaces liable to inspection and the numbers of workers employed in them). It also noted that the Government had obtained technical assistance from the ILO to restructure and reorganize the Ministry of Labour in the context of the country’s reunification, and expressed the hope that application of the Convention would improve as a result. In 1995, however, the Committee observed that the Government was having difficulty in providing the labour inspectorate with sufficient human resources of high quality and the material and logistical resources it needed to carry out its functions.
The Government nonetheless stated that it would shortly be sending an inspection report for 1994. Although this proved impossible, the Government continued to send statistical tables covering in part some of the subjects listed at Article 21. In a direct request sent to the Government in 2000, the Committee again pointed out the need to know the number of industrial and commercial establishments liable to inspection, the activities they carry on and the number of workers they employ, as a basis on which to determine the inspectorate’s needs in terms of human and material resources. It asked the Government also to send information on developments in the legislation affecting the organization and working of the labour inspectorate and the status and conditions of work of labour inspectors.
In its observation of 2004, the Committee took note of the Government’s efforts gradually to reinforce the labour inspection system, in particular by including in the Labour Code new provisions setting out the duties and powers of labour inspectors, and to equip the inspection services with computer hardware with a view to setting up a countrywide network for exchanging information and to providing the central administration with the means to monitor compliance with the law in workplaces on a permanent basis. The Committee accordingly considered that it should henceforth be possible for an annual inspection report to be drawn up and expressed the hope that such a report would shortly be published. It also welcomed the fact that an inventory of workplaces liable to inspection had been undertaken in Sana’a and hoped that such an inventory would also be undertaken for all other parts of the country, thus allowing an objective evaluation of the coverage provided by the inspection services with a view to determining what needed to be done in order to improve them gradually.
In its observation of 2006, the Committee continued to monitor progress reported by the Government in the development and efficiency of the system of statistics and sought information on the action taken by the Government further to its commitment to send the Office a report by the General Administration of the Labour Inspectorate showing inspections by workplace, the number of workers by enterprise, the number of infringements reported, and the penalties and other measures applied. It nonetheless noted that, according to the Government, owing to a lack of resources the General Administration had no computers; that eight governorates had no inspection service because there was no economic activity; and that the inspections recorded concerned only the capital and the governorate of Hamdramaout because the other governorates had not sent in statistics. The Committee asked the Government to report on developments in the enactment of legislation that was to be revised with technical assistance from the ILO and the participation of the social partners. In its report received in September 2007, the Government provides information on the content of the statistics by enterprise (number of workers broken down between Yemeni and non-Yemeni, situation at the workplace at the time of the inspection, type of infringement of the provisions of the Labour Code and action taken by the labour inspectorate) and states that these data are published in an annual report of the General Department of Labour Inspection. The Government indicates, however, that the draft revision of the Labour Code is still under consideration by the social partners, and again requests technical assistance in undertaking the necessary amendments. A report issued by the ILO’s Beirut Office on a mission carried out from 9 to 14 October 2008 shows that the revision of the Labour Code should be completed before the end of the year.
The Committee notes that the Department of Industrial Relations’ annual assessment report for 2006, which the Government sent with its report for 2007, contains information and statistics on the activities of numerous labour agencies including the labour inspectorate, in ten of the country’s 21 governorates. The Committee notes, however, that according to the introduction to the report, the labour administration is weak, disorganized, and operates in a routine manner on a shoestring budget. The report launches an urgent appeal to the Ministry of Labour to give labour issues the importance they deserve and to implement the necessary measures, particularly financial measures, to stop the exodus of labour administration managers at a time when such heavy demands are being made of the Ministry of Labour.
Implementing the provisions of the Convention and reinforcing the labour inspection system by launching a Decent Work Country Programme. The Committee notes that a Decent Work Country Programme, prepared in cooperation with the Government, the social partners and the ILO, and launched in August 2008, makes the establishment of an efficient labour inspection system a priority. A tripartite committee should soon be set up to monitor implementation of the programme and a national working group appointed by the Minister of Social Affairs and Labour and a national working group is to be appointed by the Minister of Social Affairs and Labour to ensure coordination with the ILO. The programme provides, inter alia, for ILO technical assistance in setting up a tripartite audit and formulating and implementing a national action plan that takes due account of the provisions of the Conventions on labour inspection and health and safety. The programme will also seek to promote the adoption of modern inspection practices that target prevention and more efficient integration of labour inspection in other programmes, with a focus on the efforts that will be needed in those areas of labour inspection that target the worst forms of child labour. The Committee also notes that one of the roles assigned to the Office will be to promote the recruitment and training of women inspectors with a view to proper supervision of the conditions of work of the female workforce. The Committee would be grateful if in its next report the Government would provide information on all progress made, particularly through the implementation of the Decent Work Country Programme for 2008–10, towards establishing and operating a labour inspection system in industrial and commercial enterprises that is consistent with the principles laid down in the Convention and the guidance provided in the accompanying Recommendation, No. 81. Such information should cover the legislative amendments that the Committee has recommended in its comments since ratification of the Convention, the number and qualifications of men and women labour inspectors (Articles 8, 10 and 21(b)); their status and conditions of services (Article 6), the material resources, including computers, facilities and means of transport needed for the performance of their duties (Article 11); the machinery set up by the central inspection authority for the control and supervision of all the services for which it is responsible, including compliance by the labour inspectors with their obligations to report on their work in the areas of prevention and enforcement of the legislation on the conditions of work and the protection of workers in the carrying out of their occupation (Articles 4 and 19); measures to secure effective cooperation between the labour inspection services and the other public or private institutions and bodies engaged in similar work, including judicial bodies, so as to enlist their support for the work of the labour inspectorate (Article 5(a)); and measures for effective collaboration between labour inspectors and employers and workers (Article 5(b)) and Part II of Recommendation No. 81).
The Committee hopes that, in view of the progress already made in compiling certain statistics that are of use in assessing the operation of the labour inspection system, the Government will be in a position to take the necessary steps to ensure that an annual inspection report is published and sent to the ILO within the time limits set by Article 20 of the Convention, containing the information required by Article 21, clauses (a) to (g). So that the information is useful to the central inspection authority in defining priorities for action in collaboration with the social partners and other interested parties while taking into account the financial resources available under the national budget, the Committee invites the Government to follow the guidance given in Recommendation No. 81 (Part IV) on the amount of detail that is appropriate.
Articles 5(a) and 21(e). Cooperation between the inspection services and the judicial bodies. Furthermore, further to its 2007 general observation, the Committee notes the information provided by the Government concerning measures designed to promote effective cooperation between the inspection services and the judicial bodies. The Government is requested to provide as detailed information as possible on the urgent cases referred exceptionally to ordinary courts by the labour inspectorate and on the decisions handed down in these cases.
The Committee notes the Government’s report for the period from 1 June 2006 to 1 September 2007 and the evaluation report on the 2006 Plan of the Department of Industrial Relations, including the budget for that year.
Articles 19, 20 and 21 of the Convention. The Committee’s follow-up of the content of labour inspection reports as tools for evaluating and improving the operation of the inspectorate. In the comments that it has been making for nearly 20 years, the Committee has encouraged the Government to take the necessary steps to publish and send to the ILO an annual inspection report containing in particular, the information required on the matters listed in Article 21 of the Convention. In the dialogue that it has held with the Government over these years, the Committee has noted that despite the political and economic difficulties it has had to cope with, the Government has done its utmost to send available information, largely in the form of statistical tables on some of the subjects covered by the Convention pertaining to one or other geographical or administrative division of the country. The Government has repeatedly stated, however, that the labour inspectorate’s lack of financial resources was the cause of the failure to publish an annual report as required by the Convention. In 1994, the Committee noted with interest an annual report on the work of the inspection services for an earlier period, but pointed out that it lacked information essential to an assessment of the extent to which the labour inspection system actually covers the duties that have to be discharged (for example, the number of workplaces liable to inspection and the number of workers employed therein). It also noted that the Government had obtained technical assistance from the ILO to restructure and reorganize the Ministry of Labour in the context of the country’s reunification, and expressed the hope that application of the Convention would improve as a result. In 1995, however, the Committee observed that the Government was having difficulty in providing the labour inspectorate with sufficient well-qualified human resources and the material and logistical resources it needed to carry out its functions.
The Government nonetheless stated that it would shortly be sending an inspection report for 1994. Although this proved impossible, the Government continued to send statistical tables covering in part some of the subjects listed in Article 21. In a direct request sent to the Government in 2000, the Committee again pointed out the need to know the number of industrial and commercial establishments liable to inspection, the activities they carry on and the number of workers they employ, as a basis for determining the inspectorate’s needs in terms of human and material resources. It also asked the Government also to send information on developments in the legislation affecting the organization and operation of the labour inspectorate and the status and conditions of work of labour inspection officials.
In its observation of 2004, the Committee took note of the Government’s efforts to gradually reinforce the labour inspection system, in particular by including in the Labour Code new provisions setting out the duties and powers of labour inspectors, and to equip the inspection services with computer hardware with a view to setting up a countrywide network for exchanging information and to providing the central administration with the means to monitor compliance with the law in workplaces on a permanent basis. The Committee accordingly considered that it should henceforth be possible for an annual inspection report to be drawn up and expressed the hope that such a report would shortly be published. It also welcomed the fact that an inventory of workplaces liable to inspection had been undertaken in Sanaa and hoped that such an inventory would also be undertaken for all other parts of the country, thus allowing an objective evaluation of the coverage of the inspection services with a view to determining what needed to be done in order to improve them gradually.
In its observation of 2006, the Committee continued to monitor progress reported by the Government in the development and efficiency of the statistical system and sought information on the action taken by the Government further to its commitment to send the Office a report by the General Administration of the Labour Inspectorate showing inspections by workplace, the number of workers by enterprise, the number of infringements reported and the penalties and other measures applied. It nonetheless noted that, according to the Government, owing to a lack of resources the General Administration had no computers; that eight governorates had no inspection service because there was no economic activity; and that the inspections recorded concerned only the capital and the governorate of Hamdramaout because the other governorates had not sent in statistics. The Committee asked the Government to report on legislative developments announced previously concerned with ILO technical assistance and the participation of the social partners. In its report received in September 2007, the Government provides information on the content of the statistics by enterprise (number of workers broken down between Yemeni and non-Yemeni, situation at the workplace at the time of the inspection, type of infringement of the provisions of the Labour Code and action taken by the labour inspectorate) and states that these data are published in an annual report of the General Department of Labour Inspection. The Government indicates, however, that the draft revision of the Labour Code is still under consideration by the social partners, and again requests technical assistance in undertaking the necessary amendments. A report issued by the ILO’s Beirut Office on a mission carried out from 9 to 14 October 2008 shows that the revision of the Labour Code should be completed before the end of the year.
The Committee notes that the Department of Industrial Relations’ annual assessment report for 2006, which the Government sent with its report for 2007, contains information and statistics on the activities of numerous labour agencies, including the labour inspectorate, in ten of the country’s 21 governorates. The Committee notes, however, that according to the introduction to the report, the labour administration is weak, disorganized and operates in a routine manner on a shoestring budget. The report launches an urgent appeal to the Minister of Social Affairs and Labour to give labour issues the importance they deserve and to implement the necessary measures, particularly financial measures, to stop the exodus of labour administration managers at a time when such heavy demands are being made of the Ministry of Social Affairs and Labour.
Implementing the provisions of the Convention and reinforcing the labour inspection system by launching a Decent Work Country Programme (DWCP). The Committee notes with interest that a DWCP, prepared in cooperation with the Government, the social partners and the ILO, and launched in August 2008, makes the establishment of an efficient labour inspection system a priority. A tripartite committee should soon be set up to monitor the implementation of the programme and a national working group appointed by the Minister of Social Affairs and Labour to ensure coordination with the ILO. The DWCP provides, inter alia, for ILO technical assistance in setting up a tripartite audit and formulating and implementing a national action plan that takes due account of the provisions of the Conventions on labour inspection and health and safety. The programme will also seek to promote the adoption of modern inspection practices that target prevention and more efficient integration of labour inspection in other programmes, focusing on the efforts that will be needed in those areas of labour inspection that target the worst forms of child labour. The Committee also notes with interest that one of the roles assigned to the ILO will be to promote the recruitment and training of women inspectors with a view to proper supervision of the conditions of work of women workers. The Committee would be grateful if in its next report the Government would provide information on all progress made, particularly through the implementation of the DWCP for 2008–10, in establishing and operating a labour inspection system in industrial and commercial enterprises that is consistent with the principles laid down in the Convention and the guidance provided in the corresponding Recommendation No. 81. Such information should cover the legislative amendments that the Committee has recommended in its comments since the ratification of the Convention, the number and qualifications of men and women labour inspectors (Articles 8, 10 and 21(b)); their status and conditions of service (Article 6); the material resources, including computers, facilities and means of transport needed for the performance of their duties (Article 11); the machinery set up by the central inspection authority for the control and supervision of all the services for which it is responsible, including compliance by labour inspectors with their obligation to report on their work in the areas of prevention and the enforcement of legislation on conditions of work and the protection of workers while engaged in their work (Articles 4 and 19); measures to secure effective cooperation between the labour inspection services and other public or private institutions and bodies engaged in similar work, including judicial bodies, so as to enlist their support for the work of the labour inspectorate (Article 5(a)); and measures for effective collaboration between labour inspectors and employers and workers (Article 5(b) and Part II of Recommendation No. 81).
The Committee hopes that, in view of the progress already made in compiling certain statistics that are of use in assessing the operation of the labour inspection system, the Government will be in a position to take the necessary steps to ensure that an annual inspection report is published and sent to the ILO within the time limits set by Article 20 of the Convention, containing the information required by Article 21(a) to (g). So that the information is useful to the central inspection authority in defining priorities for action in collaboration with the social partners and other interested parties while taking into account the financial resources available under the national budget, the Committee invites the Government to follow the guidance given in Recommendation No. 81 (Part IV) on the level of detail that is appropriate.
1. Articles 20 and 21 of the Convention. Compiling and publishing of an annual inspection report. According to information from the Government in a report received at the Office in November 2004, the General Administration of the Labour Inspectorate prepares reports on inspections by establishment and compiles statistics by enterprise on the workforce, infringements reported, binding decisions and measures taken. Furthermore, all the information broken down by enterprise is published in an annual report. In its report for the period ending June 2005, the Government states that it will shortly be sending a copy of an annual inspection report as required by Articles 20 and 21, but points out that for lack of financial resources, the General Administration of the Labour Inspectorate has no computers. The Committee takes note of the distribution of inspection staff by governorate and the fact that in eight governorates there are no labour inspectors because there is no economic activity. The Committee observes that the information on the number of inspections pertains only to the capital and the governorate of Hadramaout because, according to the Government, the other governorates have not sent in statistics. The Committee requests the Government to provide a copy of the annual report containing the latest statistics available by enterprise and to provide information on measures taken, including the acquisition of useful computer equipment, the design of suitable inspection forms and the development of the system for reporting to the General Administration of the Labour Inspectorate so that the latter may process the information required for the publication and communication to the ILO of an annual report, as required by Articles 20 and 21 of the Convention.
2. Labour legislation. In an earlier report, the Government stated that the Labour Code was to be revised with the collaboration of an ILO expert and the participation of the social partners. The Committee would be grateful if the Government would report to the ILO any developments regarding the enactment of the above legislation or, if the text has already been adopted, provide a copy of it.
3. Article 7, paragraph 3. Training of labour inspectors. The Committee notes that owing to a lack of internal resources and external assistance funds, the planned workshops for training inspectors were not held. The Committee would be grateful if the Government would keep the ILO informed of how the lack of refresher training for inspectors is affecting the performance of their duties and would report any measures taken or envisaged to remedy the matter.
The Committee notes the information provided by the Government in reply to its previous comments.
1. Drawing up, publication and communication to the ILO of an annual labour inspection report (Articles 20 and 21 of the Convention). Referring to the information which has been provided for several years on changes in law and practice relating to labour inspection, the Committee notes with interest the efforts made, despite the economic difficulties inherent in the reunification of the country, to establish an inspection system as prescribed by the Convention. In 1997 new provisions stating the duties and powers of labour inspectors were incorporated in the 1995 Labour Code, and in its 2000 report the Government indicated in particular that the inspection services had been equipped with computer hardware for the purposes of creating an information exchange network throughout the country and enabling ongoing monitoring and supervision by the central administration of the observation of legislation in undertakings. The Committee considers that it should now be possible for an annual inspection report to be drawn up and hopes that the Government will adopt the necessary measures to enable such a report containing information on each of points (a) to (g) of Article 21 of the Convention to be published soon and sent to the International Labour Office, in accordance with Article 20.
2. Human resources, material and logistical means available and inventory of workplaces liable to inspection (Articles 7, 10 and 11 of the Convention). The Committee also notes with interest that an inventory of workplaces liable to inspection was undertaken in Sanaa, that out of 1,050 workplaces listed 320 were inspected and that exhaustive statistics will be communicated as soon as they are available. The Committee hopes that an inventory of workplaces will also be undertaken for all other regions of the country, thus enabling an objective evaluation of the level of coverage provided by the inspection services and making it possible to identify the means to be implemented in order to improve it gradually. The Government is requested to provide information in its next report on the measures taken to this end and the results thereof, as well as on the number and geographical distribution of labour inspectors operating in the industrial and commercial sectors (Article 10).
3. Training of labour inspectors (Article 7). The Committee would be grateful if the Government would send detailed information on the participants, on the content and on the impact of the training sessions which it indicated in its report would be organized in coordination with the social partners and with the collaboration of the Arab Labour Organization and the ILO.
The Committee notes the Government’s report for the period ending September 2001. The Government had undertaken to provide information within two months in reply to the requests made by the Committee in 2000. Noting that this information has not been furnished, the Committee is therefore bound to reiterate its request, which read as follows:
Articles 1, 2, 4, 5, 9 and 22 of the Convention (scope and organization of the labour inspection services). The Committee wishes to recall that the Convention covers labour inspection in industrial and commercial workplaces. Noting the statistical data provided by the Government on workplaces in which public service activities, agricultural and other activities are carried on, the Committee would be grateful if the Government would indicate in its next report: (i) the categories of industrial and commercial workplaces liable to supervision by the labour inspectorate; (ii) the specific functions entrusted to each public or private institution supervising the application of legal provisions relating to conditions of work and the protection of workers while engaged in their work in industrial and commercial workplaces; (iii) the central authority responsible, where appropriate, for the supervision and control of labour inspection; (iv) the arrangements made to promote effective cooperation between the inspection services and other government services and public or private institutions engaged in inspection activities.
Articles 10, 16 and 21(b) to (g) (statistics on labour inspection). With reference to the statistical tables provided by the Government concerning inspections and their results in the field of occupational safety and health, the Committee wishes to draw the Government’s attention to the fact that, in accordance with the above provisions, the data to be taken into account in determining the needs of labour inspection in terms of human and material resources are the number of workplaces liable to inspection, the activities carried on therein and the number of workers employed in such workplaces. The frequency of inspections should also be determined for each workplace, and not for each enterprise, as indicated by the statistics provided with the Government’s report. It would also be desirable, to permit a better assessment of the inspection methods used, if the results of inspections were to be presented as a function of the type of inspection (routine, following a complaint or an industrial accident, as part of a campaign, or other). The Committee hopes that the Government will in future provide the relevant information concerning the above provisions of the Convention or take the necessary measures to ensure that such information is published in the annual inspection report.
Updating the information concerning the legislation which gives effect to the Convention. The Committee would be grateful if the Government would provide copies of the new legislative texts in force on the organization and functioning of labour inspection, as well as on the status and conditions of service of each category of officials or employees discharging inspection duties (Article 6). It also requests the Government to provide information on the status of the earlier texts in relation to the new legislation.
The Committee notes the Government’s reports for 1996 and 1998. It also notes the statistical data on the number of workers engaged in public service establishments and in industrial and commercial establishments liable to inspection. Noting the far-reaching changes which have occurred in recent years in the organization and functioning of the labour inspectorate, on the one hand, and in the legislation, on the other hand, the Committee requests the Government to report in detail on the application of the Convention and draws its attention in particular to the following points.
The Committee notes the Government's reports and the statistical information contained therein. The Committee also notes with interest that Act No. 5 of 1995 on a new Labour Code has been adopted. It considers that the new Code will necessitate a more detailed examination by the Committee at its next session. The Committee would be grateful if, in the meantime, the Government would provide more particulars on the points raised below.
Article 5 of the Convention. The Committee notes from the Government's reply to its previous comments that there is indeed cooperation between government services even if it is not in the required form, but that the Government is endeavouring to take the necessary measures to ensure cooperation between the inspection service and government administrations and public or private establishments engaged in similar activities. The Committee refers to the explanations provided in paragraphs 121-123 and 127-135 of its General Survey on labour inspection of 1985 and wishes to underline the importance it attaches to such cooperation not only between the different inspection services but also between the inspection services and other institutions engaged in similar activities. It hopes measures will be taken to promote such effective cooperation and thus ensure a better implementation of this provision of the Convention.
Article 6. Further to its previous comments regarding measures to ensure that the inspection staff are adequately paid and sufficiently independent of improper external influences including from employers concerned, the Committee would be grateful if the Government would indicate whether the following laws and regulations are still in force:
(a) sections 30, 31 (and the texts of regulations by which any system of allowances may have been established based on section 31) and 32 of Law No. 49 of 1977 regarding the Public Service, and whether this Law is applicable to the inspection staff; and
(b) section 36 of Ministerial Order No. 17 of 1974 regarding the system of inspection in industry and commerce.
If these texts have been replaced please provide copies of the new laws or regulations.
Articles 7, 8, 10, 11 and 16. Further to its previous comments, the Committee notes the information that the present situation does not permit the Government to provide the labour inspectorate with qualified inspectors (Article 7), in adequate numbers to enable it to discharge its duties (Articles 10 and 16), suitably equipped offices including typewriters and direct telephone lines (Article 11(a)), and means of transportation for inspectors (Article 11(b)). The Committee notes however with interest the information that the Government is in the process of establishing an inspectorate and that when the circumstances improve in future it will take the necessary measures to meet the requirements of these provisions of the Convention. The Committee reiterates its hope that the Government will soon be in a position to take these measures.
Article 12. Further to its previous comments regarding labour inspectors being prevented from visiting oil companies, the Committee notes the information that, according to the provisions in the national legislation, inspectors are provided with proper credentials to be able to visit all workplaces liable to inspection. It also notes that the Central Labour Inspection Administration has sent a note to the Oil and Mineral Prospection Authority seeking cooperation in the field of inspection and that they are currently preparing a document to this effect. Please provide full particulars on the progress made in this regard.
Articles 19, 20 and 21. Further to its previous comments, the Committee notes the preliminary statistical information contained in the Government's report and the information that the Government is currently preparing an annual inspection report for 1994 that contains all the particulars listed in Article 21 of the Convention. The Committee trusts that such annual inspection reports will be published and transmitted within the time-limits laid down by Article 20. It reiterates its hope that the technical assistance sought and obtained from the Office to restructure and reorganize the Labour Ministry and the Labour Administration services will lead to a better implementation of the provisions of the Convention.
Article 5 of the Convention. The Committee notes from the Government's report that there are hardly any contacts and cooperation between the inspection services and other government services engaged in similar activities as required by this provision of the Convention. Please give full particulars in future reports in this respect.
Article 6. Please provide particulars on measures taken or envisaged to ensure that the inspection staff are adequately paid and sufficiently independent of improper external influences including from employers concerned, as required by this provision of the Convention.
Articles 7, 8, 10, 11 and 16. The Committee notes from the Government's report that the labour inspectorate lacks qualified inspectors including female inspectors (Articles 7 and 8), in adequate numbers to enable it to discharge its duties (Articles 10 and 16). The Committee also notes problems regarding the provision of suitably equipped offices including typewriters and direct telephone lines (Article 11(a)), and means of transportation for inspectors (Article 11(b)). Please provide details on measures taken or envisaged in this respect.
Article 12. The Committee notes the information that labour inspectors have been prevented from visiting oil companies. Please provide particulars of measures taken or envisaged to enable inspectors provided with proper credentials to visit all workplaces liable to inspection.
Articles 19, 20 and 21. The Committee notes the annual inspection report for 1991 and the summary report for 1992. It notes that the report for 1991 does not contain statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) and statistics of occupational diseases (Article 21(g)). The Committee hopes annual inspection reports containing all the particulars listed in Article 21 will be published and transmitted within the time limits set by Article 20. In this respect the Committee notes the information that the Government has sought and obtained the technical assistance of the Office in its efforts to restructure and reorganize the Labour Ministry and in particular its Labour Administration services in the context of the reunification of the two Yemens. It hopes this will lead to a better implementation of the provisions of the Convention.
Further to its previous comments, the Committee notes with interest the Government's report and the enclosed annual report on the activities of the inspection services for the year 1991 and a summary for 1992. The Committee is raising certain other points in a direct request.
Articles 19, 20 and 21 of the Convention. Further to its previous comments, the Committee notes that no annual report on the activities of the inspection services has been provided. The Government has indicated that the central labour inspection administration was being reorganized following the reunification of the country and merger of the two labour ministries, and that all the information required would soon be sent. The Committee hopes the first annual inspection reports due under the Convention will soon be published and copies provided, and that in the meantime the Government will include all available information in its next report on the application of the Convention.
North Yemen
The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
Articles 19, 20 and 21 of the Convention. The Committee notes from the Government's report that the periodical reports submitted to the central administration of labour inspection and occupational health and safety contain information on all the points listed under Article 21 of the Convention, but that the central inspection authority is unable to publish these reports annually owing to a lack of material means. In this connection, the Committee wishes to stress (as it has already done in paragraph 277 of its General Survey of 1985 on Labour Inspection and in its general observation of 1986) that, in cases where there are difficulties of a financial nature in the publication of an annual report, recourse to inexpensive methods of printing - for instance, roneoed or mimeographed inspection reports - should enable the requirements of the Conventions to be met, provided that the reports are widely disseminated among the authorities and administrations concerned and among workers' and employers' organisations and that they are placed at the disposal of all interested parties. The Committee hopes that the Government will take note of these suggestions and take the necessary steps to ensure that, in future, annual inspection reports are published and transmitted to the ILO within the period laid down in Article 20 of the Convention.
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
Articles 19, 20 and 21 of the Convention. With reference to its previous comments, the Committee notes from the Government's report that the periodical reports submitted to the central administration of labour inspection and occupational health and safety contain information on all the points listed under Article 21 of the Convention, but that the central inspection authority is unable to publish these reports annually owing to a lack of material means. In this connection, the Committee wishes to stress (as it has already done in paragraph 277 of its General Survey of 1985 on Labour Inspection and in its general observation of 1986) that, in cases where there are difficulties of a financial nature in the publication of an annual report, recourse to inexpensive methods of printing - for instance, roneoed or mimeographed inspection reports - should enable the requirements of the Conventions to be met, provided that the reports are widely disseminated among the authorities and administrations concerned and among workers' and employers' organisations and that they are placed at the disposal of all interested parties. The Committee hopes that the Government will take note of these suggestions and take the necessary steps to ensure that, in future, annual inspection reports are published and transmitted to the ILO within the period laid down in 8rticle 20 of the Convention.