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The Committee notes the Government’s report received on 1 September 2010, as well as Order No. 74 of 2007 and the voluminous annual reports for 2009 of the labour inspectorate and the occupational safety and health services. As the time needed for the translation of the Order and the annual reports did not allow it to examine these documents, the Committee will examine them together with the Government’s report at its next session. However, noting that, according to the Government, the authority responsible for regulating the labour market has started assuming functions relating to the issuing and control of work permits, previously assigned to the Labour Inspectorate, meanwhile the Committee asks the Government to provide the ILO with a copy of the relevant texts.
The Committee notes the Government’s report for the period ending in September 2008 and the annual reports published by the labour inspection authority and the occupational safety and health authority on their respective inspection activities in 2006 and 2007. The Government has provided, as indicated in its previous report, at the request of the Committee, information and documentation allowing an assessment of the operation of the labour inspection system in practice, the progress made and the prospects for progress in the application of the following provisions of the Convention.
Article 3, paragraphs 1 and 2, and Article 20 of the Convention. Transfer of competence for the enforcement of the legislation on the employment of foreigners and content of the annual report on labour inspection activities. According to the preamble to the annual report of the labour inspection section for 2007, competence for the enforcement of the legal provisions relating to the employment of foreign workers will soon be transferred from the Ministry of Labour to the body responsible for regulating the labour market. The Committee can only firmly encourage such an initiative, which should have the effect of refocusing inspection activities on working conditions and the protection of both national and foreign workers while engaged in their work. In its 2004 direct request, the Committee noted with regret the incomplete nature of the statistical tables contained in the annual inspection report of the Division for Safety in the Workplace for 2003 and the lack of information on inspection activities relating to general conditions of work, such as hours of work, holiday, wages and the employment of women, young persons and children. It once again notes that the annual report of the labour inspectorate for 2006 mainly contains information and statistics relating to the activities carried out in the context of labour market supervision. The report also indicates that joint campaigns have been conducted with the immigration and passport police to search for illegal foreign workers and that it is regrettable that such campaigns, which result in the arrest of these persons, are not conducted as frequently as is necessary to combat the growing phenomenon of illegal immigration. According to the report, the limited prison capacity and the high cost of accommodating and repatriating workers are the main obstacles to conducting such campaigns more frequently. It therefore seems clear that labour inspectors participate in operations which are not only outside the remit of the labour inspectorate under the Convention, but also obviously contrary to the objective of the Convention of enforcing the application of legal provisions relating to conditions of work and the protection of workers while engaged in their work. The Committee requests the Government to keep the ILO informed of the progress made in transferring competence for the monitoring of the work permits of foreigners to the authority responsible for regulating the labour market so that labour inspectors are no longer involved in monitoring activities performed in workplaces aimed at arresting, imprisoning and then repatriating illegal workers. It requests the Government to provide copies of any relevant text or document.
The Committee would be grateful if the Government would ensure that future annual reports of the labour inspection authority provide information on inspection activities mainly aimed at enforcing the application of the legal provisions relating to conditions of work (wages, hours of work, holiday, weekly rest, night work by women, the employment of children and the disabled, etc.) and the protection of workers while engaged in their work (non-discrimination, social security, representation of workers, etc.), without consideration of the legal situation of workers employed in the workplaces inspected.
Reminding the Government of the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), concerning the level of detail useful in respect of the information required by Article 21, the Committee requests the Government to provide information in its next report on the application of the Convention on any measures implemented to improve the content of the reports relating to inspection activities, as well as on any difficulties encountered.
Article 14. Notification of industrial accidents and cases of occupational disease. Further to its previous comments on this matter, the Committee notes with interest that henceforth, under Order No. 1 of 2006, industrial accidents and cases of occupational disease shall be notified by the employer not only to the Social Insurance Fund and the competent police station, in accordance with Act No. 24–76 on social insurance, but also to the Ministry of Labour. It notes that the preamble to the Order refers to the present Convention. It trusts that, in accordance with Article 14 of the Convention, the labour inspectorate will receive relevant information which will be dealt with by the central inspection authority with a view to developing a policy on prevention focusing on high-risk occupations (construction, the chemical industry, the energy sector, work involving the operation of heavy machinery, activities involving overexposure to the sun, etc.). The Committee would be grateful if the Government would provide details on the notification procedure for industrial accidents and cases of occupational disease and on the action taken in response to such notifications in practice. It requests it to provide a copy of any relevant legal texts or documents.
Article 20. Impact of the publication of annual reports of the labour inspectorate and the occupational safety and health authority. The Committee would be grateful if the Government would provide information on the reactions (criticism, praise, proposals for the improvement of the inspection system, etc.) to the information published in the above annual reports by employers, workers or their representative organizations, as well as other public authorities concerned. The Government is also requested to indicate the impact of these reactions on the operation and the means of action of the labour inspection system (allocation of resources, focus of activities, inter-institutional cooperation, etc.).
The Committee notes the Government’s report, the replies to its previous comments, and the statistical documents and the extract from the Social Insurance Act (sections 63-77) attached in the annexes.
1. Content of the report on the application of the Convention (report form of the Convention). The Committee observes that the information provided by the Government under each of the Articles of the Convention, including the reference texts, are too general in character to be able to evaluate in specific terms the manner in which effect is given in practice to all their provisions. It therefore requests the Government to provide any other legislative, regulatory or administrative information available, as well as any documentation which is not only useful for such an evaluation but also for determining the means to be implemented to improve the efficiency of the inspection system.
In addition, further to its previous comments, the Committee requests the Government to communicate in particular information on the following points.
2. Notification of industrial accidents and diseases (Article 14 of the Convention). The Committee notes that no provision of the version in force of Act No. 24-76 concerning social insurance provides for notification of industrial accidents and diseases to the inspection services. Under section 63 of this Act any notification in this regard is to be made to the geographically competent police station and to the General Social Insurance Organization, not only by the employer but also by the worker concerned where his condition allows. Although the General Social Insurance Organization is, under section 7, an organization supervised by the Ministry of Labour, and the layout of the relevant report form is prescribed by the latter, no copy appears to be sent to it. The Committee recalls, as emphasized in paragraph 86 of its 1985 General Survey on labour inspection, that notifying the labour inspectorate is not an end in itself but part of a more general aim of accident prevention, and its purpose is to enable the labour inspectors to conduct investigations in undertakings to establish the causes of work accidents and occupational diseases and to have steps taken to avoid their recurrence. The Government is therefore requested to take measures to establish a notification procedure in the cases and circumstances referred to by Article 14 and to inform the Office of any progress made in this regard.
3. Content and objectives of the annual inspection report (Articles 20 and 21). The Committee notes that the many statistical tables contained in the annual report for 2003 originate solely from the Division for Safety in the Workplace of the Labour Ministry and that none of the information required by the abovementioned provisions relating to the inspection of conditions of work such as hours of work, leave, wages, women’s work, young workers and children, has been communicated. Also noting the incomplete nature of the information on the operation and results of inspection activities relating to safety and health in the workplace, the Committee invites the Government to draw the attention of the central inspection authority to the developments of paragraphs 273 ff. of the General Survey quoted above as regards the national and international objectives of the annual inspection report and to implement measures allowing the inclusion of detailed information in the annual report, as recommended by Part IV of the Labour Inspection Recommendation No. 81.
The Committee notes the partial information from the Government in reply to its previous comments. It also notes the table indicating the number of inspection visits carried out by sector of activity and type of visit in 2000. The Government is asked to communicate additional information on the following points.
Article 14. With regard to previous comments in which it requested the Government to supply further information on legal provisions concerning the procedure for the notification and monitoring of occupational accidents and diseases arising from the new law of 1995 on insurance, the Committee notes that this information has not been provided. It therefore asks the Government to provide it in its next report and to attach a copy of any relevant text.
Articles 20 and 21. The Committee notes that, since the 1998 report, the annual inspection reports have not been communicated. It would be grateful if the Government would take measures to ensure that the annual inspection reports concerning the subjects listed in Article 21, subparagraphs (a) to (g), are published and transmitted to the ILO within the time limits prescribed by Article 20, paragraphs 2 and 3.
The Committee notes the Government's reports from 1995 and 1999, the relevant legislative and regulatory texts annexed thereto, as well as the annual reports on the activities of the safety and health service from 1995 to 1998. The Committee draws the Government's attention to the following points.
Article 14 of the Convention. The Committee notes that under section 130 of the 1976 Labour Code for the private sector a schedule of occupational diseases, indicating the branches of activities where they may be contracted, is annexed to the law on social insurance. Moreover, section 120 of this Code provided for the repeal of sections 121 to 129 regarding the procedure applicable in the event of occupational accidents and diseases following adoption of the law on social insurance. Since this was adopted in 1995, the Committee would be grateful if the Government would supply information on the provisions currently in force as regards the notification and follow-up and of cases of occupational accidents and diseases.
Article 21. The Committee notes with interest the detailed information contained in the annual inspection reports from 1995 and 1996 covering the subjects listed under Article 21(a), (b), (d), (e), (f), and also in the annual inspection reports from 1997 and 1998 on occupational diseases (g). Nevertheless, the Committee notes the absence firstly, of statistics of workplaces liable to inspection and the number of workers employed therein (c); and secondly, statistics on enterprises in the oil sector. Recalling that the Convention applies to all industrial workplaces and, for all Members who have chosen to ratify Part II of the Convention, also to commercial workplaces, the Committee would be grateful if the Government would take the steps necessary to include in the annual reports of the inspection services statistics for all establishments liable to inspection, including the establishments in the oil sector.
Further to its previous comments, the Committee notes that the Government's report was received too late to be fully examined at this session of the Committee. It notes however that this report does not contain information on the points raised below.
Article 2, paragraph 2, of the Convention. The Committee notes the updated information provided by the Government regarding the mining, oil and communications sectors. It also notes that although during the period from 1 October 1991 to 30 September 1992 quarrying and communications were not specifically covered in such reports, the Government states that information on them will be provided for the year 1993. Please continue to include this information in future reports.
Articles 20 and 21. The Committee notes the labour inspection report for the period October 1991 to 30 September 1992 which includes statistics on occupational injuries and accidents but not on occupational diseases as required by paragraph (g) of Article 20. It hopes the Government will continue to publish such reports within the time-limits set in Article 20 and containing all the particulars listed in Article 21 of the Convention, including on occupational diseases.
Articles 20 and 21 of the Convention. Further to its observation, the Committee hopes that in the future effective measures will be taken to include statistics on occupational diseases in the report, as required by paragraph (g) of Article 21.
Article 2, paragraph 2. The Committee notes that mining and transport undertakings do not seem to have been exempted from the application of the Convention. Please include in future reports on inspection all relevant information in respect of these undertakings.
Articles 20 and 21 of the Convention. Further to its previous comments, the Committee notes with satisfaction that a report on the work of the inspection services for the period October 1989 to September 1990 was completed and published by the Government. The Committee is again addressing a direct request to the Government on certain other matters.
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:
Articles 20 and 21. The Committee expresses the hope that the efforts undertaken by the Government to give effect to these Articles will make it possible in the future for annual inspection reports to be drawn up containing all the information called for by Article 21 and that these reports will be published and transmitted to the ILO within the time-limits laid down in Article 20.