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Labour Inspection Convention, 1947 (No. 81) - Mozambique (Ratification: 1977)

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Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 3(1)(b) and 13 of the Convention. Preventive activities of the labour inspection services in the area of occupational safety and health (OSH), including measures with immediate executory force. The Committee notes that the Government refers in its report to the number of warning notices for education and guidance purposes issued by the labour inspectorate in 2020. Noting the absence of information on the measures with immediate executory force adopted by the labour inspection service, the Committee once again requests the Government to provide information on the application in practice as well as relevant statistical information in relation to section 12(m) of Decree No. 45/2009, providing labour inspectors with the authority to take measures with immediate effect, such as the suspension of all operations in the event of serious and imminent danger for life, safety and health of workers.

Article 6. Conditions of service of labour inspectors and legal protection of labour inspectors for initiating the necessary inspection procedures. The Committee previously noted that, in accordance with section 49 of Decree No. 45/2009 regulating the general labour inspectorate, a ministerial decree shall determine the qualifications for positions within the general labour inspectorate, as well as the career structure and remuneration of inspection staff. The Committee notes the Government’s indication that a Framework for Inspection Personnel is currently being formulated. The Committee further notes that, according to section 10 of Decree No. 19/2015 approving the Organic Statute of the General Labour Inspectorate and establishing new provisions, labour inspectorate personnel is governed by the civil service regime and by specific legislation applicable to the inspection. Noting the absence of information in this respect, the Committee once again requests the Government to specify the levels of remuneration and career prospects of labour inspectors in relation to other categories of public servants exercising similar duties, such as tax inspectors. The Committee further requests the Government to provide information on the developments in the process of adoption of the Framework for Inspection Personnel, and to provide a copy of any text implementing section 49 of Decree No. 45/2009 and section 10 of Decree No. 19/2015.

In addition, the Committee previously noted that: (i) section 36(1) of Decree No. 45/2009 provides for the rights granted to labour inspectors when they are subject to legal proceedings with regard to their actions taken in the course of their duties (attorney’s fees, costs of litigation, transport costs, etc.) and (ii) section 36(3) of the same Decree, provides that labour inspectors have to reimburse the relevant costs incurred by the labour inspectorate where the court finds that labour inspectors have committed an individual or procedural error. Noting the absence of information in this regard, the Committee once again recalls the importance of guaranteeing labour inspectors’ working conditions to ensure their independence from any improper external influences. Therefore, the Committee urges the Government to provide detailed information on the application in practice of section 36, including on proceedings initiated against labour inspectors over recent years (offences alleged, legal provisions invoked, duration of the proceedings, etc.) and their outcomes.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. 1. Role of labour inspectors in monitoring the working conditions of migrant workers found in an irregular situation. Following its previous comments, the Committee notes that the Government has once again not provided information on the measures taken or envisaged to guarantee that labour inspectors ensure that employers fulfil their obligations to foreign workers in an irregular situation, as well as on measures to ensure that the functions assigned to labour inspectors regarding the verification of the contractual or residence status of foreign workers do not interfere with the main objective of labour inspectors. In this regard, the Committee notes with concern that, according to the “General Guidelines for Inspections 2017” communicated by the Government with its report, labour inspectors shall: (i) verify the existence of cases of foreign workers, with temporary residence, who remain in the national territory after the period of validity of the contract by virtue of which they entered Mozambique; and (ii) in the case of termination of the employment contract for any reason, verify whether the employer has communicated this termination to the entity that oversees the working area and the migration services of the province where the citizen has been working, through a separate document, within 15 days from the termination. The Committee further notes that: (i) section 4(3)(c) of Decree No.19/2015 approving the Organic Statute of the General Labour Inspectorate, provides that labour inspectors shall control the obligations regarding the employment of foreign workers; (ii) section 26 of Decree No. 37/2016 approving the Regulation of Mechanisms and Procedures for Employment of Citizens of Foreign Nationality provides that the General Labour Inspectorate is responsible for supervising compliance with the provisions of this Regulation; (iii) section 27 of Decree No. 37/2016, stipulates that failure to comply with the provisions on the employment of foreign labour shall be punished by suspension and a fine equal to five to ten monthly salaries earned by the foreign worker in respect of whom the offence has been committed; and (iv) section 28 of Decree No. 37/2016, provides that, whenever the General Labour Inspectorate or its provincial delegation becomes aware of any fact that could be ground for revoking the act that allowed the employment of the foreign worker, it shall prepare a file containing, in summary, the evidence necessary for taking a decision. The Committee finally notes, from the statistical information provided by the Government in its report, that 513 foreign workers in an irregular situation were detected in 2020, whose employment relationship was subsequently suspended. The Committee requests once again the Government to take the necessary measures, in law and in practice, to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to ensure the protection of workers, in accordance with Article 3(2) of Convention No. 81. The Committee also requests the Government to indicate the manner in which labour inspectors ensure the enforcement of employers’ obligations with regard to the statutory rights of migrant workers in an irregular situation (such as payment of outstanding wages, social security benefits or the conclusion of an employment contract).

2. Role of labour inspections relating to the exercise of trade union rights. The Committee previously noted that, pursuant to section 4(5) (a) and (b) of Decree No. 45/2009, the functions of the General Labour Inspectorate include that of registering trade unions, and verifying the legality of their by-laws. The Committee recalls, as emphasized in its 2006 General Survey, Labour inspection, paragraph 80, that labour inspectors should only exercise such supervision in exceptional cases, such as offences or violations of the law denounced by a significant number of members of trade unions and employers’ organizations. Noting the absence of a reply from the Government in this respect, the Committee once again requests the Government to take the necessary measures to ensure that labour inspectors are relieved from any tasks which might be perceived as interfering in the activity of trade unions’ and employers’ organizations and therefore be prejudicial to the authority and impartiality necessary to inspectors in their relations with employers and workers.

3. Role of labour inspectors in conciliating and mediating labour disputes. The Committee previously noted that: (i) pursuant to section 4(5)(c) and (d) of Decree No. 45/2009, the functions of the General Labour Inspectorate include the provision of technical assistance concerning the process of collective bargaining and intervening in industrial conflicts; and (ii) requests to labour inspectors for conciliation and mediation have decreased following the entry into operation of the Mediation and Arbitration Centres for Labour Disputes at the provincial level. The Committee notes that the Government does not indicate whether it foresees, in view of the establishment of the Mediation and Arbitration Centres, to relieve labour inspectors from the function of mediation and conciliation. The Committee requests once again the Government to take the necessary measures, in law and in practice, to ensure that, in line with Article 3(2) of the Convention, additional duties assigned to labour inspectors, other than their primary duties, do not interfere with the effective discharge of the latter. It also requests the Government to provide information on any progress made in this regard.

Articles 10, 11 and 16. Human resources and material means, including transport facilities. Coverage of workplaces by labour inspections. The Committee previously noted that: (i) the number of labour inspectors is very low in relation to the number of workplaces subject to labour inspection and the incidence of labour conflicts; (ii) difficulties in the application of the Convention relate to the availability of transport facilities and the coverage of workplaces by labour inspections in remote areas; and (iii) expenses incurred by labour inspectors when using their own vehicles are not reimbursed. The Committee notes that the Government does not provide information in this regard. It notes, however, from the statistical information provided by the Government, that labour inspectors visited 8,723 establishments (covering 131,663 workers) in 2020 compared to 10,106 establishments (covering 158,690 workers) in 2017 and 6,872 establishments (covering 183,467 workers) in 2013. The Committee once again requests the Government to describe the current situation of the labour inspection services in terms of the human resources and material means available, including transport facilities to enable labour inspectors to carry out inspection visits. Recalling once again that under Article 11(2) of the Convention, the competent authority shall make the necessary arrangements to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the performance of their duties, the Committee requests the Government to take measures to this effect in the very near future and to provide information on the progress made in this respect.

Articles 20 and 21. Publication and communication of an annual report on labour inspection. In its previous comment, the Committee took note of the 2013 annual report of the General Labour Inspectorate. While noting the statistical information provided by the Government on inspection visits and violations and penalties imposed, the Committee notes that the annual report on the activities of the labour inspectorate has not been communicated. The Committee therefore requests the Government to take the necessary measures to ensure that annual labour inspection reports are prepared, published and transmitted to the ILO, in accordance with Article 20 of the Convention, and to ensure that such reports contain information on all the subjects listed under Article 21 of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the regulations governing the general labour inspectorate in Decree No. 45/2009 of 14 August 2009.

Articles 3(1)(b) and 13 of the Convention. Preventive activities of the labour inspection services in the area of occupational safety and health (OSH), including measures with immediate executory force. The Committee notes the information provided in the 2013 annual report of the general labour inspectorate on the preventive activities of the labour inspection services in collaboration with employers and workers (such as presentations, lectures and seminars) concerning various subjects, including OSH. Noting the absence of reply of the Government in this respect, the Committee once again requests the Government to send information on the application in practice and relevant statistical information in relation to section 12(m) of Decree No. 45/2009, providing labour inspectors with the authority to take measures with immediate effect – such as the suspension of all operations under way in the event of serious and imminent danger for life, safety and health of workers.

Article 3(2). Additional functions entrusted to labour inspectors. 1. Role of labour inspectors in monitoring the working conditions of foreign workers found in an irregular situation. In its previous comments, the Committee reminded the Government that, in accordance with the spirit and letter of the Convention, the labour inspectorate should control the application of the legal provisions respecting conditions of work and the protection of workers, without considering the legal nature of the employment relationship or the status of the worker. In this regard, it invited the Government to refer to paragraphs 75 et seq. of its 2006 General Survey on labour inspection, and to make sure that the labour inspection services are responsible for ensuring that workers whose employment relationship is suspended on the grounds of the illegality of their employment, obtain the social entitlements they acquired during the period of their employment. In this context, the Committee notes from the information provided in the annual report of the general labour inspectorate that 1,540 foreign workers in an illegal situation were detected in 2013, whose employment relationship was subsequently suspended. In the absence of any further information in this regard, the Committee once again requests the Government to indicate the measures taken or envisaged to guarantee that labour inspectors ensure that employers fulfil their obligations to foreign workers in an irregular situation, for the period of their actual employment, with regards to their wages and benefits, and their rights to leave and linked to seniority etc., including in cases where these workers are liable to expulsion from the country.

2. Role of labour inspections relating to the exercise of trade union rights. The Committee notes that, pursuant to section 4(5)(a) and (b) of Decree No. 45/2009 of 14 August 2009, the functions of the general labour inspectorate include that of registering trade unions, and verifying the legality of their by-laws. The Committee recalls, as it emphasized in its 2006 General Survey on labour inspection that labour inspectors should only exercise such supervision in exceptional cases, such as offences or violations of the law denounced by a significant number of members of trade unions and employers’ organizations (paragraph 80). The Committee requests the Government to take measures to ensure that labour inspectors are relieved from any tasks which might be perceived as to interfere in the activity of trade unions’ and employers’ organizations and therefore be prejudicial to the authority and impartiality necessary to inspectors in their relations with employers and workers.

3. Role of labour inspectors in conciliating and mediating labour disputes. The Committee notes that, pursuant to section 4(5)(c) and (d) of Decree No. 45/2009 of 14 August 2009, the functions of the general labour inspectorate include the provision of technical assistance concerning the process of collective bargaining and intervening in industrial conflicts. The Committee notes from the information in the 2013 annual report of the General Labour Inspectorate that in 2013, labour inspectors intervened in the conciliation and mediation of 124 labour disputes. The Committee notes from the same source that relevant requests decreased following the entry into operation of the Mediation and Arbitration Centres for Labour Disputes at the provincial level. The Committee welcomes these developments, recalling that Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), provides that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. The Committee requests the Government to clarify whether it is envisaged, in view of the establishment of the Mediation and Arbitration Centres, to relieve labour inspectors from the function of mediation and conciliation. Encouraging further steps in this regard, the Committee requests the Government to provide further information on the steps taken, including any legislative amendments to Decree No. 45/2009.

Article 6. Conditions of service of labour inspectors. The Committee notes that, in accordance with section 49 of Decree No. 45/2009 of 14 August 2009 regulating the general labour inspectorate, a ministerial decree shall determine the qualifications for positions within the general labour inspectorate, as well as the career structure and remuneration of inspection staff. The Committee requests the Government to specify the levels of remuneration and career prospects of labour inspectors in relation to other categories of public servants exercising similar duties, such as tax inspectors. In this regard, the Committee requests the Government to provide a copy of any legislative text implementing section 49 of Decree No. 45/2009.

Articles 6, 17 and 18. Legal protection of labour inspectors for initiating the necessary inspection procedures. The Committee notes that section 36 of Decree No. 45/2009 of 14 August 2009 provides for the rights granted to labour inspectors, where they are subject to legal proceedings with regard to their actions taken in the course of their duties (attorney’s fees, costs of litigation, transport costs, etc.). The Committee notes that, pursuant to section 36(3) of the Decree, labour inspectors have to reimburse the relevant costs incurred by the labour inspectorate where the court finds that labour inspectors have committed an individual or procedural error. Recalling the importance of guaranteeing labour inspectors’ working conditions to ensure their independence from any improper external influences, the Committee requests the Government to provide detailed information on the application in practice of section 36 including on proceedings initiated against labour inspectors over recent years (offences alleged, legal provisions invoked, duration of the proceedings, etc.) and their outcomes.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report only provides very succinct information in relation to the requests previously raised by the Committee, but that the 2013 annual report of the general labour inspectorate sent with the Government’s report contains relevant information in response to some of the issues raised.

Articles 3(2), 10, 11 and 16 of the Convention. Human resources and material means, including transport facilities. Coverage of workplaces by labour inspections. The Committee notes from the 2013 annual report of the general labour inspectorate that the number of staff working at the general labour inspectorate was 135 and that in 2013, 6,872 establishments and 183,467 workers were covered by labour inspection visits. The Committee also notes the statement in the same report that the number of labour inspectors is very low in relation to the number of workplaces subject to labour inspection and the incidence of labour conflicts. It further notes from the Government’s report under this Convention that difficulties in the application of the Convention relate to the availability of transport facilities and the coverage of workplaces by labour inspections in remote areas. In this regard, the Committee also recalls that it previously noted the Government’s indications that expenses incurred by labour inspectors when using their own vehicles are not reimbursed. The Committee once again requests the Government to describe the current situation of the labour inspection services in terms of the human resources and material means available, including transport facilities to enable labour inspectors to carry out inspection visits. Recalling once again that under Article 11(2) of the Convention, the competent authority shall make the necessary arrangements to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the performance of their duties, the Committee requests the Government to take measures to this effect in the very near future and to provide relevant information in this respect.

Articles 5(a), 20 and 21. Publication, communication and content of annual reports on the activities of the labour inspection services. Establishment of a register of workplaces liable to labour inspection. The Committee notes with interest that the 2013 annual report of the general labour inspectorate contains statistical information on several of the subjects covered by Article 21 of the Convention. However, the Committee also notes that this report does not contain statistics of occupational diseases (as required by Article 21(g)), nor does it contain information on the number of workplaces liable to inspection and the workers employed therein (as required by Article 21(c)), which makes it impossible to assess the rate of coverage by the labour inspectorate. In this respect, the Committee recalls that it emphasized, in its general observation of 2009, the essential character of the availability of a register of workplaces liable to inspection that is regularly updated for the assessment by labour inspection services in relation to their scope, and the corresponding need to promote effective cooperation with other government bodies and public and private institutions that possess relevant data. The Committee requests the Government to take measures to ensure that the annual reports on labour inspection published by the central labour inspectorate contain information on all the subjects covered by Article 21, including clauses (c) and (g). In this regard, the Committee also asks the Government, with reference to its 2009 general observation under this Convention, to take measures to ensure cooperation with the other government bodies and entities possessing relevant data, in particular with a view to elaborating and regularly updating a register of workplaces liable to labour inspection, and to provide information on any steps taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Legislation and training of inspectors to monitor the new provisions. While noting the Government’s indication of the adoption of Decree No. 45/2009 of 14 August 2009 regulating the general labour inspectorate, as well as the details provided on the content of its provisions in relation to those of the Convention, the Committee would be grateful if the Government would send the ILO a copy of this text, as well as any other statutory text adopted for its application. The Committee will examine this together with the handbook for labour inspection activities in the area of hygiene, occupational safety and health, annexed to the Government’s report.

While also noting that, according to the Government, information on the impact of Act No. 12/2009 respecting the rights and duties of people living with the HIV/AIDS virus might be provided in its next reports, the Committee requests the Government to send this information accompanied by the implementing texts provided for under section 55 of this Act, as well as statistics on the labour inspectorate’s activities in the area covered.

Article 7(3) of the Convention. The Committee notes with interest that a training programme on HIV/AIDS legislation, funded by the ILO and organized in partnership with ECoSIDA (private sector initiative in the fight against HIV/AIDS) was dispensed to 140 inspectors in 2010. The Government is requested to provide details on the professional qualifications of the trainers, as well as on the contents and duration of the training programme in question. The Committee would be grateful if the Government would also send information on the material resources and specific methodological tools provided to the labour inspectors for their particular needs in supervising this Act, accompanied by any relevant documents.

Article 10. Establishing a register of establishments liable to labour inspection. According to the Government, the list of establishments liable for labour inspection is not computerized, but it undertakes to send the relevant data available in its next reports. The Committee requests the Government to send in its next report the data available on the establishments liable to labour inspection and to take measures to ensure cooperation with the other Government bodies and entities possessing relevant data, with a view to elaborating and regularly updating a register of establishments liable to labour inspection. Drawing the Government’s attention to its 2009 general observation under this Convention on the matter, the Committee asks the Government to keep the ILO informed of measures taken and results obtained.

Article 17. Role of labour inspectors in monitoring the working conditions of foreign workers found in an irregular situation. In its previous comments, the Committee reminded the Government that, in accordance with the spirit and letter of the Convention, the labour inspectorate should control the application of the legal provisions respecting conditions of work and the protection of workers, without considering the legal nature of the employment relationship or the status of the worker. It invited the Government to refer to this matter under paragraphs 75 et seq. of its 2006 General Survey on labour inspection, and to make sure that the labour inspection services are responsible for ensuring that workers whose employment relationship is suspended on the grounds of the illegality of their employment, obtain the social entitlements they acquired during the period of their employment.

The Committee would be grateful if the Government would indicate the measures taken or envisaged to guarantee that labour inspectors ensure that employers fulfil their obligations to foreign workers in an irregular situation, for the period of their actual employment, with regards to their wages and benefits, and their rights to leave and linked to seniority etc., before these persons are expelled by the authorities responsible for applying the provisions relative to irregular immigration.

Articles 13 and 14. Occupational safety and health. Statistics of industrial accidents. According to the information provided by the Government in reply to the Committee’s previous request, whenever an industrial accident occurs, an inquiry is immediately launched to ascertain the reasons in order to eliminate them and prevent the occurrence of similar accidents. The Committee would be grateful if the Government would provide information on the measures taken or envisaged to facilitate cooperation between the inspection services, employers and workers (or their respective organizations) with a view to promoting an effective culture of prevention, particularly making use of the means advocated in Part II of the Labour Inspection Recommendation, 1947 (No. 81). The Committee also asks the Government to send information on the application in practice of section 12(m) of Decree No. 45/2009, which, according to the Government, provides the labour inspector with the authority to take measures with immediate effect – such as the suspension of all operations under way in the event of serious and imminent danger for life, safety and health. Statistical information on the issue would be particularly appreciated.

Articles 10(b), 11(1)(b) and (2), and 16. The Committee notes that, according to the Government, transport facilities are available to labour inspectors. It points out that expenses incurred by labour inspectors when using their own vehicles are not reimbursed. The Committee requests the Government to provide specific information on the material means and transport facilities made available to labour inspectors to enable them to carry out inspection visits (number of vehicles per service and, with respect to the number of inspectors, the size of the establishments liable to inspection and distances to be covered). The Committee requests the Government once again to describe the measures taken to ensure that visits of establishments take place frequently enough to ensure the effective monitoring of the provisions relating to the working conditions and protection of workers.

Recalling that under Article 11(2) of the Convention, the competent authority shall make the necessary arrangements to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the performance of their duties, the Committee requests the Government to take measures to this effect in the very near future and to provide relevant information, as well as a copy of any bill or text adopted on the matter.

Articles 20 and 21. Publication and communication to the ILO of an annual inspection report. The Committee notes that despite the Government’s indication, the annual inspection report has not been received at the ILO. The Committee reminds the Government that the annual report must be published each year within the deadlines established under Article 20 and that a copy must be communicated to the Office with the same frequency. In its general observation of 2010, the Committee stressed the major importance it attached to the publication and communication to the ILO of the annual inspection report within the prescribed deadlines. When well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. In this respect, the Committee recalls that extremely valuable guidance on the presentation and analysis of this information is provided in the Labour Inspection Recommendation, 1947 (No. 81). The Committee requests the Government to ensure, in accordance with Article 20, that an annual report on labour inspection activities containing as much as possible information required for each of the clauses (a)–(g) of Article 21 will be published by the central labour inspectorate, and that a copy will be sent to the ILO within the time limits provided in Article 20.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the detailed information provided by the Government in its report received in September 2009 and in its reply to the previous comments, which reached the Office more recently.

New legislation to protect workers living with HIV/AIDS. The Committee notes with interest the indication by the Government of the adoption of Act No. 12/2009 of 12 March 2009 respecting the rights and duties of persons living with the HIV/AIDS virus, which it indicates defines the necessary prevention, protection and treatment measures. According to the Government, this Act addresses the needs of the persons concerned for protection and makes it possible to combat their stigmatization and discrimination, in accordance with the provisions of article 79(1) of the National Constitution. While noting with concern the information suggesting a significant contamination rate among the personnel of the Ministry of Labour, the Committee however notes that measures have been adopted for the provision of information to public employees and to the public (distribution of condoms and medical treatment to public employees; widespread dissemination of Act No. 5/2002; and distribution of information and advisory pamphlets on medical treatment and nutrition) and that labour inspectors in the north of the country have received training in this field. The Committee also notes with interest that the Ministry has commenced, with ILO support, the revision of the labour inspection manual with a view to helping inspectors address issues related to HIV/AIDS at the workplace. The Committee would be grateful if the Government would provide a copy of Act No. 12/2009 and any text issued thereunder and inform the ILO of the impact of the Act on the operation and results of labour inspection activities in workplaces liable to inspection.

The Government is also requested to provide information on any training provided to inspectors responsible for the application of the above Act (number of inspectors, subjects of the training, duration of courses, etc.), and to provide a copy of the revised manual for the use of inspectors, etc.

Articles 3(1), and 21(a), (b), (d), (e) and (f). Labour inspection staff; activities carried out during 2008 and their results. The Committee notes with interest the efforts made by the Government to compile and communicate in its report detailed information on the activities of the labour inspectorate and their results, despite the inadequacy of the resources available and the distances involved.

Inspection staff, workplaces inspected and workers covered. The Committee observes that in 2008 the inspection staff, composed of 135 employees (inspectors, occupational safety and health experts, controllers, auditors and industrial relations experts) carried out inspections in 5,227 workplaces, thereby exceeding the number of inspections planned (106.49 per cent). According to the Government, these operations addressed compliance with the legislation on all aspects of labour and covered 169,330 workers, including 136,368 men and 25,471 women. A total of 1,187 of the workers concerned were engaged under fixed-term contracts, 11 were miners, 3,138 were national daily workers and 3,095 were foreign workers. The Committee notes with interest the level of detail of this information. With reference to its general observation of 2009, in which it emphasized the need to maintain a register of workplaces liable to inspection as a tool for planning and evaluating inspection activities, the Committee would be grateful if the Government would take measures in cooperation with other Government bodies and institutions in possession of the relevant data with a view to establishing and updating such a register regularly, and if it would keep the ILO informed of the progress achieved in this respect and of any difficulties that may have been encountered.

Number of violations reported. According to the Government, the inspection services reported 8,149 violations of the legislation, issued fines in 2,496 cases (or 30.62 per cent of cases) following written warnings, while 5,653 offences gave rise to warnings in the context of guidance and education activities. Furthermore, during these inspections, the employment relationship of 325 foreign nationals was suspended on the grounds of illegality. The Committee wishes to recall in this respect that, in accordance with the spirit and letter of the Convention, the labour inspectorate should monitor legal provisions respecting conditions of work and the protection of workers, without considering the legal nature of the employment relationship or the status of the worker. The Committee invites the Government to see with reference to this question paragraphs 75 et seq. of its 2006 General Survey on labour inspection and to ensure that the labour inspection services are responsible for ensuring the recovery by workers whose employment relationship is suspended on the grounds of the illegality of their employment of the social entitlements acquired during their employment.

Occupational safety and health. Statistics of industrial accidents. The Committee notes that in 2008 the inspection services were notified of the occurrence of 416 industrial accidents, resulting in 13 deaths, 251 cases of temporary incapacity for work and 106 cases of permanent partial incapacity for work. The Committee requests the Government to indicate the measures adopted following the most serious accidents with a view to preventing their recurrence. In cases where such measures have not been taken, it would be grateful if the Government would facilitate collaboration between the inspection services, employers and workers (or their respective organizations) with a view to promoting an effective culture of prevention, particularly making use of the means advocated in Part II of the Labour Inspection Recommendation, 1947 (No. 81).

Articles 10(b), 11(1)(b) and (2), and 16. The Committee requests the Government to provide specific information on the equipment and transport facilities available to labour inspectors during the course of 2008 to carry out the programme of inspections, and to describe the measures adopted to ensure that workplaces are inspected as often and as thoroughly as necessary.

It would be grateful if the Government would also indicate the procedures for the reimbursement to labour inspectors of the expenses incurred in professional travel undertaken using their own vehicles.

Articles 20 and 21. Publication and communication to the ILO of an annual labour inspection report. The Committee notes with interest that the statistical data provided by the Government on the operation of the labour inspectorate in 2008 amounts to a substantial part of the information that should be contained in the annual report that has to be published in accordance with Article 20. The information covers the issues set out in clauses (a) (laws and regulations), (b) (staff of the inspection services), (d) (statistics of inspection visits), (e) (statistics of violations and penalties imposed) and (f) (statistics of industrial accidents) of Article 21. The Committee is bound to encourage the Government to pursue its efforts for the establishment and proper functioning of a system of reporting on inspection activities throughout the national territory, including statistics of workplaces liable to inspection and the number of workers employed therein (clause (c)) and statistics of occupational diseases (clause (g)). Such a system would make it possible for the central authority to publish an annual report reflecting the operation of the inspection services, their strengths and weaknesses and to determine priorities for action taking into account national possibilities and to make the corresponding budgetary forecasts. The access of employers, workers and their respective organizations to the information contained in the annual report would also enable them to express their opinions with a view to the progressive improvement of the inspection system. Furthermore, the communication of the annual report to the ILO would enable its supervisory bodies to follow on a firm basis the development of the inspection system and to provide support to the Government through their recommendations and advice with a view to the optimal application of the Convention. The Committee invites the Government to refer to Chapter IX of its General Survey with regard to the objectives pursued at both the national and international levels by the provisions of Articles 19, 20 and 21 of the Convention respecting reporting requirements, and requests it to indicate in its next report the measures adopted to give effect to them, the difficulties encountered and the solutions envisaged to overcome them.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee refers the Government to its observation and draws its attention to the following point.

Articles 20 and 21 of the Convention. Annual inspection report. Further to its previous comments, the Committee notes the report on the work of the General Labour Inspectorate for 2006. It notes with interest that the report contains a list of the provisions for which the Labour Inspectorate has responsibility, the numbers of the inspection staff, the number of inspections carried out, the offences reported, the number of occupational accidents, the number of consultations and the number of users received by the inspectors. It hopes that, through the anticipated international cooperation and technical assistance to strengthen the labour inspection system, the Government will ensure that the central authority will to the extent possible draw on the guidelines in Part IV of the Labour Inspection Recommendation, 1947 (No. 81) in preparing the annual inspection report. It asks the Government to provide information on all progress made in this respect and on any difficulties encountered.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s report for the period ending on 31 December 2006, the information sent in reply to its previous comments, and the report of the General Labour Inspectorate for 2006. It also notes the adoption of the new Labour Act (No. 23 of 2007).

Human and financial resources, material facilities necessary to the working of the inspection system, international cooperation and ILO technical assistance. With reference to its previous comments in which it noted the low level of human resources both in number and in qualifications and inadequate facilities for the performance of inspection duties, the Committee notes that, according to the Government, the various requests made to partners in the context of international cooperation to improve the transport facilities of the inspection services did not produce the results expected. The Government states that this is because the new Labour Act had not been adopted and that one of the prerequisites was the restructuring of the inspection services. The Ministry has taken the necessary measures: controllers, who hitherto reported to the National Social Security Institute, have now been incorporated into a single body with labour inspectors; furthermore, a new Labour Act was adopted in 2007 and, pending international financial aid to increase the number of vehicles available to the labour inspectorate, the Ministry has already succeeded in mobilizing resources to acquire four vehicles for use by the central services. Now that the inspectorate has been brought together into a single body, it is possible to use human and material resources more rationally. The Committee also notes with interest that with support from the Portuguese-speaking community and technical assistance from the ILO, training is planned for about 100 inspectors, together with computerization of the inspection system. The Committee hopes that the Government will shortly be in a position to report progress in the steps taken in relation to international cooperation and technical assistance, and that the functioning of the labour inspectorate will be reflected in the publication of an annual activities report in accordance with Articles 20 and 21.

The Committee is addressing a request directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Referring to its observation, the Committee requests the Government also to provide in its next report information on the following points.

1. Labour inspection staff and training of labour inspectors. The Committee notes the Government’s statement concerning the admission and training of new labour inspectors, as well as the implementation of retraining for serving labour inspectors. It would be grateful if the Government would provide information on the total number of labour inspectors and the geographical distribution of the inspection staff (Article 10 of the Convention). Please also provide detailed information on the content and duration of, and the number of participants receiving, initial and further training, in particular concerning child labour. Please also describe the measures taken with a view to training inspectors in the identification of occupational risks (Article 7).

2. Annual inspection report. The Committee regrets to note that no annual inspection report has been communicated to the ILO since that of 1990. It hopes that the Government will take the measures necessary to ensure that, in the future, the annual report containing the information required by Article 21 of the Convention will be published and transmitted to the ILO in the form and within the deadlines prescribed by Article 20.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Resources of labour inspectors. The Committee notes the Government’s report for the period ending 31 May 2005. It is concerned by the fact that the Government reports a significant drop in the number of establishments inspected, from 4,978 in 2000 to 2,935 in 2004. Referring to its previous comments, the Committee notes in this regard that the lack of financial resources and scarce transport facilities continue to present an obstacle to the effective exercise of inspection functions throughout the country. The Committee requests the Government to describe in its next report any measures taken, where appropriate, with the technical assistance of the ILO and the support of international cooperation, in order to ensure labour inspectors are furnished with the material means and the transport facilities required to ensure that establishments are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions relating to work conditions and the protection of the workers, in accordance with Articles 11 and 16 of the Convention.

A request regarding certain other points is being addressed directly to the Government.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Further to its previous comments, the Committee notes that the activities of the labour inspectorate are still very limited, the lack of transport facilities and financial resources being the main obstacles to qualitative and quantitative improvement in the inspection services. According to the Government, matters are made even worse by the lack of any career prospects for inspectors and the humiliating treatment they receive at the hands of economic operators. The Government further indicates that budgetary constraints have prevented the recruitment and training of labour inspection candidates. Nevertheless, between January and May 2003, inspections were carried out in 1,385 establishments, mostly located in the provincial capitals, accounting for some 23 per cent of visits scheduled for that year. Referring to a previous report in which the Government stated that in most provinces workplaces are often anywhere from 50 to 400 kilometres away from the provincial capital, the Committee would be grateful if the Government would provide detailed information, by province, on the average number of workplaces inspected annually, and specify the proportion of commercial or industrial undertakings classified as harbouring a risk to the health and safety of workers.

The Committee would be grateful if the Government would provide information on the content and length of the course, referred to in the report, on child labour held for inspectors in a number of provinces and on the measures taken to develop inspection activities to combat illicit child labour, their results and the main difficulties encountered.

Noting that the Government makes no mention of having taken steps, as was proposed, to obtain the financial and technical assistance needed for the quantitative and qualitative enhancement of human and material resources or the labour inspection system, the Committee trusts that it will be in a position to do so in its next report and that the conditions needed for more effective application of the Convention will soon be met and reported to the Office.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report for the period ending on 31 May 2001, the Government’s replies to its previous comments and the tables appended to the report.

The Government indicates that in the last few years, 60 to 65 per cent of the general state budget is financed from external resources and that, following the situation in 2000 and 2001 marked by war and natural disasters, the Government has given priority to health, education and the reconstruction of infrastructure. The Committee notes that, as a consequence, an extremely limited portion of the budget is available for the operation of the labour inspectorate. The material and financial difficulties facing the labour inspection services (precarious equipment, inspection offices far away from enterprises, lack of transport facilities, non-reimbursement of labour inspectors’ duty travel expenses) account for the substantial reduction in the number of inspection visits and a general drop in the efficiency of inspection services. Noting that, according to the Government, it would be desirable for labour inspectors to be trained to identify occupational risks, and referring to paragraph 332 of its General Survey of 1985 on labour inspection, the Committee draws the Government’s attention to the possibility of seeking technical assistance from the International Labour Office and from the competent regional labour administration. It also points out that Members have the possibility, where the country’s economic position does not allow adequate effect to be given to the provisions of the Convention, of calling on international cooperation with support from the Office, if necessary, in seeking the necessary funds. The Committee hopes that the Government will take steps to that end and that it will be in a position to provide relevant information in its next report.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Referring also to its observation on the Convention, the Committee takes note of the Government’s reports for the period ending May 1999. It notes with interest the effort made by the Government to communicate in its 1997 report information concerning the number of staff in the occupational hygiene and safety labour inspectorate as well as, for 1996, statistics on establishments subject to inspection and establishments inspected in 1996, in addition to occupational accidents broken down by degree of gravity and sector of activity. Noting that the lack of transport facilities renders it difficult to collect information on industrial accidents and cases of occupational disease, the Committee also notes a very substantial reduction in the number of inspections between 1995 and 1996 (about 80 per cent less) and refers to a previous report (1996), in which the Government indicated the shortage of transport facilities as one of the major obstacles to the effectiveness of the inspection system; the situation was aggravated by the lack of adequate public transport facilities. The Government indicated, nevertheless, that all efforts would be made to improve this situation and stated, in relation to Article 11(2), of the Convention, that reimbursement to labour inspectors of their travelling expenses was limited by budgetary resources. The Committee wishes to emphasize the need to furnish labour inspectors with the facilities necessary for the performance of their duties and therefore invites the Government to take appropriate measures to ensure that the allocation from the national budget in regard to the work of the labour inspectorate corresponds as closely as possible to the priority defined by the objectives it is pursuing. The Committee hopes that the Government will supply information on the measures taken or envisaged and the results obtained to this end. It requests the Government, in any event, to supply information on the geographical distribution of establishments subject to supervision by the labour inspection service in relation to the location of labour inspectors’ offices, as well as statistical information on the transport facilities available and the amounts allocated for reimbursement of costs incurred by inspectors in their professional travel.

The Committee hopes that the Government will be in a position to ensure that annual inspection reports, whose content includes information on the subjects set out in Article 21, will again be published and communicated within the time limits laid down in Article 20.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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:

The Committee takes note of the annual report on labour inspection for the year 1991.

The Committee notes the observations of the Workers' Organization of Mozambique (OTM), which considers that the results of its involvement in inspection-related activities have been positive, although the impact has not always been satisfactory. The Committee hopes the Government will supply further information on the following matters:

Article 11 of the Convention. Further to its earlier comments, the Committee notes that inspectors face temporary transport difficulties, but that travel allowances are paid under section 112 of the "EGFE". Please provide a copy of this provision, together with further information as to the practical application of this Article.

Article 15(a). The Committee notes that section 7 of Decree No. 32/89 concerning professional confidentiality addresses paragraphs (b) and (c) of this Article but not (a), which requires that labour inspectors should be prohibited from having any direct or indirect interest in the undertakings under their supervision. The Committee asks the Government to provide more detailed information on laws or regulations which give effect to this provision of the Convention.

Article 16. Further to its observation, the Committee hopes the Government will continue to provide information on the frequency in practice of inspections of workplaces.

Articles 20 and 21. Further to its observation, the Committee notes that the 1990 inspection report contains no statistics of industrial accidents and occupational diseases. It notes with interest that the ILO's technical and material assistance is sought in this regard. The Committee hopes further progress will be made in ensuring the regular compilation and publication of the necessary reports.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information contained in the Government's report and in the report on the activities of the inspection service for 1994. It notes in particular that labour inspection is now carried out by zone and no longer by economic sector, which is reported to have extended its scope. The Committee hopes that, despite the difficulties of an economic and financial nature to which the Government refers, efforts will be continued to improve the functioning of the labour inspection services so that workplaces can be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Article 16 of the Convention).

Article 11. The Committee notes the information that, in parallel with the measures adopted to ensure that inspectors are furnished with transport facilities, the Government pays daily compensation to inspectors for their professional travel, in accordance with section 171(1)(a) of the General Conditions of Service of Public Servants.

Article 15(a). The Committee notes the information provided by the Government that, despite a gap in the legislation, this provision of the Convention is applied in practice. The Committee considers that the obligation that inspectors must not have any interest in the undertakings under their supervision must be clearly established and that it must be possible to ensure that it is observed. The Committee requests the Government to supply additional information in this respect.

Article 21. The Committee notes the information describing the material obstacles preventing the Government from providing data on industrial accidents and occupational diseases. It hopes that the Government will continue its efforts to include such data in its future annual inspection reports.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received although it has noted the annual inspection report for 1991. 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 matter raised in its previous direct request, which read as follows:

The Committee notes the observations of the Workers' Organisation of Mozambique (OTM), which considers that the results of its involvement in inspection-related activities have been positive, although the impact has not always been satisfactory. The Committee hopes the Government will supply further information on the following matters:

Article 16. Further to its observation, the Committee hopes the Government will continue to provide information on the frequency in practice of inspections of workplaces.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its observation, the Committee notes the observations of the Workers' Organisation of Mozambique (OTM), which considers that the results of its involvement in inspection-related activities have been positive, although the impact has not always been satisfactory. The Committee hopes the Government will supply further information on the following matters:

Article 16. Further to its observation, the Committee hopes the Government will continue to provide information on the frequency in practice of inspections of workplaces.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous comments, the Committee notes with satisfaction that legal effect has been given to the following provisions of the Convention: Article 12(1)(c)(iv) (the power of inspectors to have samples of substances analysed is included in Ministerial Order No. 17/90, section 33(2)(f)); Article 14 (inspectors have to be notified of industrial accidents and occupational diseases under Decree No. 32/89, section 12, and Order No. 17/90, section 4(3)(e)); Article 15(c) (the requirement of confidentiality is contained in Decree No. 32/89, section 7); and Article 16 (the frequency of inspection visits is laid down in Order No. 17/90, section 16).

The Committee has also noted with interest the 1990 annual report on inspection activities (Articles 20 and 21). It is again raising certain matters in a direct request.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 11, 12, paragraph 1(c)(iv), 14, 15 and 16 of the Convention. The Committee notes with regret that there has been no progress towards the adoption of the draft Regulations for the labour inspectorate which, according to the assurances given by the Government in its previous report, were to give full effect to the above provisions of the Convention. It trusts that the Government will not fail to take the necessary measures to ensure that the draft Regulations are adopted shortly.

Articles 20 and 21. In reply to previous comments made by the Committee, the Government states that, for technical reasons, it has not been possible to publish the annual inspection report. The Committee expresses the hope that these difficulties will shortly be overcome and that, in future, the annual reports on the work of the labour inspection services containing information on all the subjects listed at Article 21 will be published and transmitted to the International Labour Office within the period laid down by Article 20.