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Repetition Articles 3, 6, 7, 10 and 16 of the Convention. Numbers, conditions of service and functions of labour inspection staff. Number of labour inspection visits. The Committee notes from the Government’s report that the Labour Department cannot increase its staff and that inspectors operate in all areas of labour administration. The Government also declares that every attempt is made to ensure that inspectors are professional in their conduct. The Committee requests once again the Government to indicate the criteria and process for the recruitment of labour inspectors, and to specify the training activities provided to them upon their entry into service and in the course of employment. Please also indicate how it is ensured that the conditions of remuneration and career development of labour inspectors reflect the importance and specificities of their duties, and take into account personal merit. The Committee asks the Government to provide information on the time and resources spent on mediation/conciliation of industrial disputes in relation to their primary duties of inspection established under this Convention. It asks the Government to take the necessary measures to ensure that, in accordance with Article 3(2), any duties which may be entrusted to labour inspectors in addition to their primary functions shall not be such as to interfere with the effective discharge of the latter. It also asks the Government to provide information on the measures taken to ensure that all workplaces are inspected as often and as thoroughly as necessary in line with Article 16 of the Convention. Article 15. Duty of confidentiality. Referring to the Committee’s previous comments on this issue, the Committee notes from the Government’s report that there has not been any change in legislation to give effect to this Article of the Convention and that the issue is to be addressed by the Industrial Relations Advisory Committee. The Government also reports that the department and labour inspectorate have always maintained strict confidentiality. The Committee once again requests the Government to take steps to ensure that the legislation is supplemented so as to give full effect to Article 15 of the Convention and to keep the Office informed of all progress in this respect and to send copies of any relevant draft or final texts. Articles 5(a), 17, 18, 20 and 21. Cooperation with the justice system and enforcement of adequate penalties. Publication and content of an annual report. The Committee notes from the Government’s report that steps will be taken to improve the quality of the annual report on inspection services. The Committee hopes that the Government will make every effort to ensure that an annual report on the work of the labour inspection services is elaborated and published and that it contains information on all the items listed in Article 21 of the Convention, notably, statistics of inspection visits, violations and penalties imposed as well as industrial accidents and cases of occupational disease. The Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), as to the type of information that should be included in the annual labour inspection reports.
Repetition Articles 3, 6, 7, 10 and 16 of the Convention. Numbers, conditions of service and functions of labour inspection staff. Number of labour inspection visits. The Committee notes from the Government’s report that the Labour Department cannot increase its staff and that inspectors operate in all areas of labour administration. The Government also declares that every attempt is made to ensure that inspectors are professional in their conduct. The Committee requests once again the Government to indicate the criteria and process for the recruitment of labour inspectors, and to specify the training activities provided to them upon their entry into service and in the course of employment. Please also indicate how it is ensured that the conditions of remuneration and career development of labour inspectors reflect the importance and specificities of their duties, and take into account personal merit. The Committee asks the Government to provide information on the time and resources spent on mediation/conciliation of industrial disputes in relation to their primary duties of inspection established under this Convention. It asks the Government to take the necessary measures to ensure that, in accordance with Article 3(2), any duties which may be entrusted to labour inspectors in addition to their primary functions shall not be such as to interfere with the effective discharge of the latter. It also asks the Government to provide information on the measures taken to ensure that all workplaces are inspected as often and as thoroughly as necessary in line with Article 16 of the Convention. Article 15. Duty of confidentiality. Referring to the Committee’s previous comments on this issue, the Committee notes from the Government’s report that there has not been any change in legislation to give effect to this Article of the Convention and that the issue is to be addressed by the Industrial Relations Advisory Committee. The Government also reports that the department and labour inspectorate have always maintained strict confidentiality. The Committee once again requests the Government to take steps to ensure that the legislation is supplemented so as to give full effect to Article 15 of the Convention and to keep the Office informed of all progress in this respect and to send copies of any relevant draft or final texts. Articles 5(a), 17, 18, 20 and 21. Cooperation with the justice system and enforcement of adequate penalties. Publication and content of an annual report. The Committee notes from the Government’s report that steps will be taken to improve the quality of the annual report on inspection services. The Committee hopes that the Government will make every effort to ensure that an annual report on the work of the labour inspection services is elaborated and published and that it contains information on all the items listed in Article 21 of the Convention, notably, statistics of inspection visits, violations and penalties imposed as well as industrial accidents and cases of occupational disease. The Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81) as to the type of information that should be included in the annual labour inspection reports.
Repetition Articles 3, 6, 7, 10 and 16 of the Convention. Numbers, conditions of service and functions of labour inspection staff. Number of labour inspection visits. The Committee notes from the Government’s report that the Labour Department cannot increase its staff and that inspectors operate in all areas of labour administration. The Government also declares that every attempt is made to ensure that inspectors are professional in their conduct. The Committee requests once again the Government to indicate the criteria and process for the recruitment of labour inspectors, and to specify the training activities provided to them upon their entry into service and in the course of employment. Please also indicate how it is ensured that the conditions of remuneration and career development of labour inspectors reflect the importance and specificities of their duties, and take into account personal merit.The Committee asks the Government to provide information on the time and resources spent on mediation/conciliation of industrial disputes in relation to their primary duties of inspection established under this Convention. It asks the Government to take the necessary measures to ensure that, in accordance with Article 3(2), any duties which may be entrusted to labour inspectors in addition to their primary functions shall not be such as to interfere with the effective discharge of the latter. It also asks the Government to provide information on the measures taken to ensure that all workplaces are inspected as often and as thoroughly as necessary in line with Article 16 of the Convention.Article 15. Duty of confidentiality. Referring to the Committee’s previous comments on this issue, the Committee notes from the Government’s report that there has not been any change in legislation to give effect to this Article of the Convention and that the issue is to be addressed by the Industrial Relations Advisory Committee. The Government also reports that the department and labour inspectorate have always maintained strict confidentiality. The Committee once again requests the Government to take steps to ensure that the legislation is supplemented so as to give full effect to Article 15 of the Convention and to keep the Office informed of all progress in this respect and to send copies of any relevant draft or final texts. Articles 5(a), 17, 18, 20 and 21. Cooperation with the justice system and enforcement of adequate penalties. Publication and content of an annual report. The Committee notes from the Government’s report that steps will be taken to improve the quality of the annual report on inspection services. The Committee hopes that the Government will make every effort to ensure that an annual report on the work of the labour inspection services is elaborated and published and that it contains information on all the items listed in Article 21 of the Convention, notably, statistics of inspection visits, violations and penalties imposed as well as industrial accidents and cases of occupational disease. The Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81) as to the type of information that should be included in the annual labour inspection reports.
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:
The Committee notes that the Government’s report received in March 2009 contains no information in reply to its direct request formulated in 2007 and repeated in 2008. It notes that, despite the reminder sent to it by the ILO in May 2009, the Government has not supplied the required information.
Given that for many years the Government has not supplied a detailed report on the manner in which effect is given in law and in practice to the Convention and that the most recent annual report on the work of the labour inspectorate transmitted to the ILO concerns 1996, the Committee would be grateful if the Government would take all the necessary steps to ensure that the next report pursuant to article 22 of the ILO Constitution contains the level of detail required by the report form. It requests the Government to ensure that the information available on each of the subjects listed in Article 21 are included in its report pending the publication of the next annual report on the work of the labour inspectorate.
Articles 3, 6, 10, 12, 13, 15, 17 and 19 of the Convention. Duties, status, numbers, rights, obligations and powers of labour inspectors. In reply to the Committee’s previous comments, the Government indicates that the staff of the Labour Department consists of four officials, namely the Labour Commissioner, his deputy, and two agents. According to the Government, these officials perform all the duties allocated by the Labour Department. Although they possess the necessary qualifications for providing high-quality advice to employers and workers, the staff of the Labour Department are, however, insufficient in number and also faced with a lack of equipment aggravated by the austerity measures imposed by the International Monetary Fund, making it difficult to undertake advisory activities. Nevertheless, the Government expresses the hope that recommendations resulting from a study of the situation undertaken by a former ILO expert may be implemented. The Committee, however, notes that a copy of the report on this study has not been transmitted to the ILO, despite a written request dated 19 March 2007.
In reply to the Committee’s requests concerning the way in which it is ensured that labour inspectors abide by the code of ethics relevant to their duties, as defined by Article 15(a), (b) and (c) of the Convention, the Government has supplied information on the legal provisions concerning the general obligations of all officials. The Committee would like to emphasize that these provisions are insufficient in relation to the requirements of the Convention. There has to be the strictest possible observance of ethical principles by inspectors to counterbalance the extensive powers and prerogatives which, in accordance with the Convention, have to be accorded exclusively to labour inspection officials in the performance of their duties. The Committee would be grateful if the Government would refer to its General Survey of 2006 on labour inspection with regard to: (i) the prohibition on labour inspectors to have “any direct or indirect interest” in enterprises liable to inspection (paragraph 227); (ii) the scope of the obligation of professional secrecy (paragraphs 229–232); and (iii) the obligation of confidentiality with respect to the source of any complaint and the connection that may exist between an inspection visit and a complaint (paragraphs 235–237). The Committee requests the Government to take steps to ensure that the legislation is supplemented in the light of these clarifications with regard to the duties and obligations of labour inspection officials. It further requests the Government to keep the Office informed of all progress in this respect and to send copies of any relevant draft or final texts.
Necessity for adequate penalties. Article 18. The Committee notes the Government’s statement that the amount of fines which can be imposed on persons who contravene the legislation enforceable by the labour inspection officials has not been revised since 1990 and section 32 of the Act on labour standards provides that anyone contravening the provisions of sections 28 and 29 (concerning the powers and prerogatives of labour inspectors) is liable to a fine, the amount of which is fixed at 75 dollars and multiplied by the number of days for which the contravention continues. However, the Committee notes that section 13 of the Act of 1983 on occupational safety (Chapter 90:08) provides that the amount of the fine applicable for a violation of its provisions is 5,000 dollars, with the possible addition of imprisonment for one year. The Committee would be grateful if the Government would clarify whether the staff responsible for monitoring enforcement of the Act on occupational safety are the same as the staff of the Labour Department, who are also responsible for monitoring the legislation concerning other conditions of work and protection of workers, and to supply a list of the provisions establishing penalties for violations of the provisions relating to conditions of work and the protection of workers and the contraventions to which they apply. The Committee also requests the Government to send a copy of any document describing specific cases of convictions of employers involving the imposition of a fine and/or imprisonment.
In addition, the Committee requests the Government to provide a copy of the study carried out in 2007 on the situation of the labour administration system, together with information on the follow-up measures taken by the Government in relation to the recommendations contained in the study.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.
The Committee notes that the Government’s report received in March 2009 contains no information in reply to its direct request formulated in 2007 and repeated in 2008. It notes that, despite the reminder sent to it by the ILO in May 2009, the Government has not supplied the required information. The Committee is therefore bound to repeat its previous direct request on the following points:
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:
Article 18. Necessity for adequate penalties. The Committee notes the Government’s statement that the amount of fines which can be imposed on persons who contravene the legislation enforceable by the labour inspection officials has not been revised since 1990 and section 32 of the Act on labour standards provides that anyone contravening the provisions of sections 28 and 29 (concerning the powers and prerogatives of labour inspectors) is liable to a fine, the amount of which is fixed at 75 dollars and multiplied by the number of days for which the contravention continues. However, the Committee notes that section 13 of the Act of 1983 on occupational safety (Chapter 90:08) provides that the amount of the fine applicable for a violation of its provisions is 5,000 dollars, with the possible addition of imprisonment for one year. The Committee would be grateful if the Government would clarify whether the staff responsible for monitoring enforcement of the Act on occupational safety are the same as the staff of the Labour Department, who are also responsible for monitoring the legislation concerning other conditions of work and protection of workers, and to supply a list of the provisions establishing penalties for violations of the provisions relating to conditions of work and the protection of workers and the contraventions to which they apply. The Committee also requests the Government to send a copy of any document describing specific cases of convictions of employers involving the imposition of a fine and/or imprisonment.
The Committee notes the Government’s report received in February 2007 and observes that it only contains information in reply to its previous comments. Given that for many years the Government has not supplied a detailed report on the manner in which effect is given in law and in practice to the Convention and that the most recent annual report on the work of the labour inspectorate transmitted to the ILO concerns 1996, the Committee would be grateful if the Government would take all the necessary steps to ensure that the next report pursuant to article 22 of the ILO Constitution contains the level of detail required by the report form. It requests the Government to ensure that the information available on each of the subjects listed in Article 21 are included in its report pending the publication of the next annual report on the work of the labour inspectorate.
In reply to the Committee’s requests concerning the way in which it is ensured that labour inspectors abide by the code of ethics relevant to their duties, as defined by Article 15(a), (b), and (c) of the Convention, the Government has supplied information on the legal provisions concerning the general obligations of all officials. The Committee would like to emphasize that these provisions are insufficient in relation to the requirements of the Convention. There has to be the strictest possible observance of ethical principles by inspectors to counterbalance the extensive powers and prerogatives which, in accordance with the Convention, have to be accorded exclusively to labour inspection officials in the performance of their duties. The Committee would be grateful if the Government would refer to its General Survey of 2006 on labour inspection with regard to: (i) the prohibition on labour inspectors to have “any direct or indirect interest” in enterprises liable to inspection (paragraph 227); (ii) the scope of the obligation of professional secrecy (paragraphs 229–232); and (iii) the obligation of confidentiality with respect to the source of any complaint and the connection that may exist between an inspection visit and a complaint (paragraphs 235–237. The Committee requests the Government to take steps to ensure that the legislation is supplemented in the light of these clarifications with regard to the duties and obligations of labour inspection officials. It further requests the Government to keep the Office informed of all progress in this respect and to send copies of any relevant draft or final texts.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the brief indications provided by the Government in response to its previous request. It notes that, in the main, the Government indicates that no new measures have been taken with a view to improving the application of the Convention. The Committee hopes that the Government will soon be in a position to report that progress has been made in this respect and that its next report will contain detailed information with regard to the following points.
1. Functions of labour inspectors. Please indicate whether measures have been taken or envisaged in order to entrust labour inspectors with the function of supplying technical information and advice to employers and workers concerning the most effective means of complying with legal provisions (Article 3, paragraph 1(b), of the Convention) and to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions (Article 3, paragraph 1(c)).
2. Duties of inspectors. Please indicate whether measures have been taken or are envisaged to guarantee that labour inspectors have no direct or indirect interest in the establishments under their supervision, that they do not reveal any manufacturing or commercial secrets which may come into their knowledge in the course of their duties, and that they shall treat as absolutely confidential the source of any complaint, in accordance with Article 15(a), (b) and (c), respectively.
3. Adequate penalties. Please indicate whether measures have been taken or are envisaged to ensure that the amount of fines established to penalize violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties is sufficiently dissuasive in nature, for example by periodically revising the amount (Article 18).
4. Publication of an annual report. The Committee notes that the implementation of an information system on the labour market which should assist in the preparation of the annual labour inspection report has been delayed. It hopes, however, that an annual report on all of the issues mentioned under Article 21 will be published in the near future and communicated to the ILO within the deadlines prescribed by Article 20 of the Convention.
The Committee notes the Government’s report and the replies to its previous comments. The Government is asked once again to communicate a copy of the Employment Safety Act, which it indicates as forming an integral part of the revised legislation of 1990, and to provide additional information on the following points.
1. Article 3, paragraph 1, of the Convention. The Committee would be grateful if the Government would indicate the measures taken to entrust the labour inspection services, in accordance with subparagraph (b), with the duty of supplying technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions and, in accordance with subparagraph (c), that of bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.
2. Article 3, paragraph 2. The Committee notes that, according to the Government, since the numbers of labour division staff are fairly low, possibilities for specialization in the performance of assigned duties are also limited. Referring to previous comments, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that any secondary duties entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, as provided for by subparagraphs (a) to (c) of Article 3, paragraph 1, or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.
Article 12, paragraphs 1 and 2. The Committee asks the Government to indicate the arrangements made to ensure that labour inspectors provided with proper credentials are empowered to enforce the posting of notices required by the legal provisions (paragraph 1(c)(iii)) and to decide whether, on the occasion of an inspection visit, they should notify the employer or his representative of their presence, if they consider that such a notification may be prejudicial to the performance of their duties (paragraph 2).
Article 15. Noting that no information indicating how effect shall be given to subparagraphs (a) to (c) of this Article has been communicated, the Committee should like to emphasize that the confidence that is necessary in relations between labour inspectors and employers and workers greatly depends on these provisions. It expresses the hope that relevant measures will be taken in this regard and that the Government will not fail to provide information on them in its next report.
Article 18. Emphasizing the need to maintain dissuasive financial penalties to encourage better implementation of legal provisions, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that the amount of fines established by the Labour Standards Act and the Employment Safety Act to penalize violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties, is periodically revised in order to take account of any monetary inflation.
Articles 20 and 21. The Committee notes that a project for setting up an information system on the labour market was due to be launched at the end of 2000 in the context of international technical assistance and that, through this project, labour officials would be trained in the fields of collection, analysis and recording of data. The Committee would hope that the Government will make the most of the abovementioned assistance to ensure that, in the near future, the central inspection authority will publish and communicate an annual inspection report as provided for by both the abovementioned provisions of the Convention.
2. Article 3, paragraph 2. The Committee notes that, according to the Government, since the numbers of labour division staff are fairly low, possibilities for specialization in the performance of assigned duties are also limited. Referring to previous comments, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that any secondary duties entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, as provided for by subparagraphs (a) to (c) of Article 3, paragraph 1,or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Article 3, paragraph 2, of the Convention. The Committee notes the information contained in the Labour Commissioner's Annual Report for 1996 that the Employment Safety Act Chapter 90:08 of the Revised Laws, 1990 empowered the Labour Commissioner to carry out an inspection to ensure that the workplaces are kept safe and healthy. It would be grateful if the Government would provide in its next report a copy of this Act. It also notes the information that the Division of Labour is in charge of the immigration and it provides conciliation services to employers and employees before disputes are sent to the Tribunal. The Committee requests the Government to indicate how it is ensured that the functions entrusted to labour inspectors relating to the conciliation between employers and workers do not interfere with the effective discharge of their primary duties or prejudice their authority and impartiality.
Articles 20 and 21. The Committee notes that the annual inspection report contains only partial information on the activities of the inspection services. However, it notes with interest the information that the reporting forms under the Accidents and Occupational Diseases (Notification) Act Chapter 89: were distributed in many workplaces. The Committee hopes that all information required by article 21 will be included in the reports. Referring also to its 1996 general observation under the Convention relating to the practical guidelines for the collection, recording and communication of reliable data on occupational accidents and diseases contained in the 1996 ILO publication "Recording and notification of occupational accidents and diseases", the Committee hopes that future annual labour inspection reports will also contain statistics on occupational diseases.
The Committee notes the information contained in the Labour Commissioner's Annual Report for 1996.
The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Article 3, paragraph 1(b) and (c), of the Convention. With reference to its previous comments, the Committee trusts that the Government will take the necessary measures to ensure that the labour inspectorate is required to (a) supply technical information to employers and workers concerning the most effective means of complying with the legal provisions, and (b) bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.
Article 15. While noting the information provided by the Government to the effect that it is normal that labour inspectors do not have direct or indirect interests in undertakings, the Committee hopes that appropriate legislative measures will be taken to give effect to the provisions of this Article of the Convention.
Articles 20 and 21. The Committee notes with regret that no report on the work of the inspection services has yet been communicated to the International Labour Office. It reiterates the hope that, in future, annual inspection reports containing all the information required under Article 21 will be published and transmitted to the International Labour Office within the time-limits laid down in Article 20.