Solicitud directa (CEACR) - Adopción: 2002, Publicación: 91ª reunión CIT (2003)

With reference to its observation on this Convention, the Committee would be grateful to the Government if it would communicate information on the practical application of Ordinance No. 3273/2000 and to indicate the practical measures for reimbursing labour inspectors for travel expenses. Furthermore, the Committee draws the Government’s attention to the following points.

1. Impartiality and necessary authority in relations between the labour inspectors and employers and workers. The Committee notes that, according to article 2, paragraph (c), of Ordinance No. 3273/2000, labour inspectors are also charged with the function of ensuring that trade unions and professional associations at all levels do not overstep their authority as defined by law, their internal regulations, or their status. The Committee also notes that according to article 4 of the same Ordinance, no function assigned to labour inspectors should be an obstacle to their fundamental functions, nor should it hinder in any way their authority or impartiality as labour inspectors in their relations with employers and workers. Nonetheless, it is the Committee’s view that the function accorded to inspectors to monitor the activities of professional organizations is not justified and that it poses a great risk of compromising the climate of confidence that should exist between inspectors and both workers and employers. The Committee would be grateful to the Government if it would bring legislation into conformity with Article 3, paragraph 2, of the Convention and to keep the Office informed of such developments.

2. Schedule of labour inspection visits. The Government indicates in its report that establishments are visited according to a schedule established for each inspector according to their geographic area of competence, which seems to indicate that inspectors do not have the ability to initiate visits. The Committee finds that under these conditions inspections no longer have the unexpected character which is indispensable for their effectiveness; furthermore, in full respect of the law, employers could be informed of the schedule of labour inspections and the likelihood of an inspection of their particular enterprise. The Government is requested to provide clarifications on the manner in which inspections are scheduled and to put into place measures to provide inspectors with the competence to determine the schedule of their routine visits and their follow-up visits in establishments under their competence.

3. Right of free entry of labour inspectors into establishments covered by the Convention. With reference to previous comments, the Committee notes that, according to article 6(a) of Ordinance No. 3273/2000, the right of free entry of labour inspectors into workplaces is limited to hours of work. The Government indicates in its report that this period includes, should it be the case, hours of work at night. The Committee would like to underline in this regard that in order for labour inspectors to be effective, they need to be legally authorized to enter into establishments under their supervision not only during but also outside of normal working hours, especially in order to check for illegal labour outside of normal hours of work and in order to inspect machines and installations at rest. The Government is requested to take all measures necessary to bring its legislation into conformity with the provisions of Article 12(a) and (b) and to keep the Office duly informed.

4. Publication and communication of the annual report. The Committee takes note of the leaflets of the central labour inspection authority on the distribution of budgeted posts for labour inspection staff. It further notes the information communicated concerning the functioning and activities of labour inspection by region. The Committee notes that the information communicated was not published but was available in a report at the headquarters of the central labour inspection authority. The Committee recalls in this regard that the annual general report on labour inspection should be published and communicated to the ILO through the central labour inspection authority, and that its form and content are defined by Articles 20 and 21 of the Convention. Referring to paragraph 272 and following of its General Survey of 1985 on labour inspection, the Committee hopes that the provisions of article 3, paragraph 2, of Ordinance No. 3273/2000 will be put into effect so as to fulfil obligations on the publication and regular communication to the ILO of the general report.