Observación (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

The Committee notes the Government’s report received in July 2009, the attached legislation, and also the comments from the National Trade Union Confederation (CNS “Cartel ALFA”), received on 29 June 2009 and sent to the Government on 24 July 2009. The Committee also notes the Government’s reply to those comments and its indication that it will provide further information in due course.

Article 5 of the Convention. Inter-institutional cooperation and collaboration with employers and workers. The Committee notes the Government’s reference to the cooperation protocols concluded during the reporting period between the labour inspectorate or territorial labour inspection services and other public or private bodies or institutions, and with employers’ and workers’ organizations. The Committee requests the Government to supply information on the forms and modes of cooperation concerned, especially with regard to the protocols concluded with the Ministry of Justice and the National Trade Registry, the gendarmerie, the Ministry of Internal Affairs and Administrative Reforms and the Immigration Office, or to provide copies of these protocols.

International cooperation in the field of labour inspection. The Committee requests the Government to supply details (content, impact and period of validity) of the cooperation agreements concluded with the inspection authorities of Hungary, Portugal and Spain.

Articles 7, 8, 10 and 11. Reinforcement of labour inspection staff and improvement of their conditions of work. The Committee notes the detailed information concerning the geographical distribution of inspection staff by sex, grade and speciality, and also the reinforcement of their numbers and qualifications during the 2007–08 period. It also notes the information concerning improvements in their conditions of work through the provision to labour inspectors of new offices, equipment and vehicles for the effective performance of their duties. The Committee further notes that between 2002 and 2008, men and women inspectors received training in different forms and in different areas (occupational safety and health, industrial relations, legislation, public relations, public service management and communication, etc.). It notes with particular interest the reference to a “train the trainers” programme for 257 inspectors in 2007 and 225 in 2008 as part of the PHARE project (for strengthening labour inspection capacities) aimed at monitoring the application of the new legislation transposing the acquis communautaires in the area of international relations, in partnership with the labour and social security inspectorate of Spain. The Committee would be grateful if the Government would supply information on the impact of these training activities on the operation of the labour inspectorate in practice and on its results.

Article 6. Status and conditions of service of labour inspectors. Further to its previous comments, the Committee notes that, according to the Government, the draft regulations for labour inspectors, the preparation of which was announced by the Government at the June 2005 session of the Conference Committee on the Application of Standards, and also in the Government’s report for 2005, have still not been adopted. The Government does not provide an explanation with regard to this postponement. However, according to CNS “Cartel ALFA”, under sections 11 and 12 of Emergency Ordinance No. 37/2009, adopted on 22 April 2009, the employment relationship of civil servants and other contractual public employees has been suspended with immediate effect. Among the various civil servants employed in a variety of state institutions, labour inspectors are affected by this Ordinance. A number of these inspectors, including in the higher category, who enjoy professional recognition in the field and possess the requisite level of competence and seniority, have reportedly already been transferred and replaced on the basis of political criteria and without any selection based on an objective appraisal of the requisite competencies, by persons belonging to the political class in power. The trade union considers that this Ordinance breaches the provisions of the national Constitution (article 20(2) of which establishes the supremacy of international treaties in the hierarchy of national standards); of Act No. 188/1999 issuing the civil service regulations, as amended, published in Official Journal No. 365 of 29 May 2007 (the trade union claims that section 19 affirms the status of labour inspectors as civil servants and their independence in relation to any change of government and any undue external influence). It is also in breach of the present Convention, Article 6 of which provides that the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. In a letter received on 22 October 2009 relating to the union’s comments, the Government indicates that the implementation of the provisions of Emergency Ordinance No. 37/2009 has not been detrimental to the stability or independence of public servants occupying managerial posts. In this regard, it points out that, during the notice period, in accordance with section 99 of Act No. 188/1999, the Ministry of Labour, Family Affairs and Social Protection offered to officials in managerial positions whose positions had been closed other vacant posts in the civil service, taking into account their seniority and professional qualifications. Appointments thus made were the result of free consent given in writing by the officials to the options available. The Government states that, firstly, these transfers from managerial to executive posts do not signify any denial of the professionalism of the persons concerned and, secondly, many of them were appointed to managerial posts created pursuant to the provisions of Emergency Ordinance No. 37/2009. The Government also provides details of the conditions required for access to posts under management contracts concluded with the principal credit controller for a period not exceeding four years. With regard to labour inspectors, the Government states that they were recruited in accordance with Act No. 188/1999, as amended, issuing the civil service regulations, and Government Decision No. 611/2008 concerning the approval of standards relating to career development and structures for civil servants. However, it explains that the Emergency Ordinance concerned was adopted with a view to reducing public expenditure and tackling budget deficit problems, including through the definition of performance criteria for the organization and coordination of certain public authorities and institutions. The Government affirms that, in applying the provisions of the Emergency Ordinance, it was not a question of diminishing the professional status of the labour inspectorate, but rather to improve the management and efficiency of the work of the public institutions while reducing budgetary expenditure, all of this being in the public interest. The Government states that further information on any new developments will be sent in due course. The Committee wishes to emphasize the vital importance of providing labour inspectors, in accordance with Article 6 of the Convention, with stability of employment, and also the need to ensure that, in accordance with Article 7, candidates for the labour inspection service are recruited on the basis of their qualifications for the performance of their duties and that they are duly trained to this end. The Committee requests the Government to provide clarifications on any legislative measures affecting the status of labour inspectors, together with copies of any relevant text, and also on the practical consequences of these measures for the careers of labour inspectors who participated in training between 2002 and 2009 and who were in active service at the time that Emergency Ordinance No. 37/2009 was promulgated. It requests the Government to take all the necessary steps to ensure that any new legal provision or practical measure implemented with regard to the status and conditions of service of labour inspectors does not obstruct the full application of Articles 6 and 7 of the Convention, and to keep the ILO duly informed in this respect.

Articles 16, 17 and 18. Priorities for inspection visits and action taken further to reported infringements. The Committee notes with interest that, according to the information supplied by the Government, inspections are carried out on the basis of: an annual or monthly programme approved by the chief labour inspector and determined according to criteria such as the number of workers and the level of risk of workplaces; statistical trends relating to industrial accidents and cases of occupational disease; and the number of labour inspectors and material resources available. Further to its previous comments, the Committee also notes once again a significant increase in the number of penalties imposed on persons responsible for infringements, and observes in particular that this increase is more substantial for infringements of the legal provisions relating to industrial relations than for those in the area of occupational safety and health, whereas the overall number of corresponding penalties does not display any great difference. The number of stoppages of work in enterprises and stoppages in the operation of certain installations ordered by the labour inspectorate also increased considerably between 2007 and 2008. With reference to its previous comments asking the Government to provide further information with regard to the increase in the number of penalties and also to indicate whether this was due to new enforcement methods, better training of inspectors or a proliferation of infringements, the Committee notes that the Government has not provided any clarification and therefore requests it to do so and also to explain the reason for the considerable increase in stoppages of work or plant operations ordered by labour inspectors.

The Committee also requests the Government to supply information on court decisions issued during the next reporting period further to prosecutions instituted on the initiative of the labour inspectorate, stating the areas of legislation to which they refer and the branches of activity concerned.

Articles 20 and 21. Communication of the annual labour inspection report. The Committee notes that the annual labour inspection report for 2007 was not attached to the Government’s report, contrary to what the Government indicated. The Committee requests the Government to send this report to the ILO and ensure that future annual reports are sent within the prescribed deadlines.