Solicitud directa (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour inspection: Conventions Nos 81 and 129

Legislation. The Committee notes the overlapping provisions of the Law on Labour Inspection (LLI), 2002 (as amended) and the Law on Inspection Supervision (LIS), 2011 (as amended) (which applies to all supervisory bodies, not only the labour inspectorate). Pursuant to section 18(2) of the LIS, inspectors are authorized to undertake procedures and activities in accordance with the LIS and LLI with no explicit reference to the legal hierarchy in terms of their application. The Committee requests the Government to provide information on the extent to which labour inspectors are bound by the principles established under the LIS as well as on how the overlapping or conflicting provisions under the LIS and LLI are applied in practice to the daily work of labour inspectors.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Undeclared work. Following its previous comments, the Committee notes that labour inspectors are able to issue a decision to order the employer to enter into a permanent employment contract when they detect undeclared work without an appropriate employment contract and registration in the compulsory social insurance scheme (section 259 of the Labour Relations Law). Noting the Government’s failure to reply to its previous request for information on the labour inspection activities related to undeclared work, including the proportion of time and resources spent on activities related to undeclared work compared with the time spent on securing the enforcement of legal provisions relating to other areas (e.g. working hours, wages, occupational safety and health (OSH), child labour), the Committee once again requests the Government to provide this information, including information on the State Labour Inspectorate’s activities on undeclared work, including the number of inspections, violations found, orders for the entrance into employment contracts, and subsequent penalties imposed.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Structure of the labour inspection system. Supervision and control by a central authority. The Committee welcomes the Government’s indication that as of 2014, the State Labour Inspectorate became an independent body within the Ministry of Labour and Social Policy (MoLSP), as a legal entity with its own budget account. However, the Committee takes note of the Government’s indication that the Inspection Council (IC) established under the LIS is charged with supervising all the state inspection authorities, including coordinating the work of inspection services and monitoring the application of inspection procedures and the performance of each inspection institution, accompanied by disciplinary procedures for inspectors. The Committee requests the Government to provide information on the impact of the supervision by the IC on the activities of the labour inspectorate.

Articles 5(a), 13 and 14 of Convention No. 81 and Articles 12(1), 18, and 19 of Convention No. 129. Cooperation between the inspection services and government services in the areas of OSH. The Committee notes the detailed information in the Government’s report, in reply to its previous comments, on the cooperation between the Health Insurance Fund and the State Labour Inspectorate, as well as the information on the number of occupational injuries and fatalities in 2013, 2014 and 2015. The Committee notes with interest the information contained in the annual labour inspection report for the work of 2017 (2017 Annual Report) that labour inspectors and sanitary health inspectors carry out joint and coordinated inspections. In 2017, a total of 156 such joint inspections were carried out. The Committee requests the Government to continue to provide information on the impact of the LIS on the enforcement of OSH legislation and the prevention of industrial accidents and cases of occupational disease and to provide information on the outcomes of the joint inspections (including the number of detected violations, subsequent corrective measures taken and sanctions imposed).

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 13, 22, 23 and 24 of Convention No. 129. Legal proceedings and adequate penalties. Cooperation with the judiciary. The Committee notes the statistical information contained in the 2017 Annual Report on the administrative measures or orders issued, misdemeanour charges filed, sanctions applied, and criminal charges filed. The Committee also notes that, under the misdemeanour procedure, the amount of the established fines can be reduced to half, based on the liable employer’s agreement to settlement for paying the fine within eight days (section 266(c) of the Labour Relations Law). It further notes the information contained in the Government’s report that labour inspectors collaborate with the courts through participation as a witness in the court hearings. The Committee requests the Government to indicate the impact of the settlement procedures on the protection of workers’ rights and the manner in which it ensures that penalties for violations are effectively enforced and remain sufficiently dissuasive. The Committee requests the Government to continue to provide statistics of violations, administrative measures, settlement procedures and penalties imposed, disaggregated by the nature of infringements according to the legal provisions to which they relate.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers or their organizations. The Committee requests the Government to indicate whether the State Labour Inspectorate is able to collaborate or consult with employers’ and workers’ organizations on any of the matters under the supervision of the IC which relate to the labour inspection system and its functioning. It also once again requests the Government to provide detailed information on the activities of the Council for Occupational Safety and Health and the Economic and Social Council in relation to labour inspection.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspection staff. The Committee notes that, pursuant to section 3 of the LLI, the Director of the State Labour Inspectorate is now appointed by the Government for a four-year term with the possibility of extension and is mandated to develop an annual programme for the work of the State Labour Inspectorate and submit it to the IC for review. The Director is responsible for: reporting to the IC on the implementation of the work plan on a quarterly basis; preparing each inspector’s monthly plan of work; and preparing and submitting an annual report to the IC. The Committee notes that, pursuant to section 19(j) of the LIS, inspectors are subject to annual evaluations, which are taken into account for salary increases, promotions or disciplinary procedures for unsatisfactory performance. The Committee requests the Government to provide more detailed information on the application in practice of the evaluation process under the LIS, including the number of inspectors receiving salary increases, the number receiving salary decreases, the number of disciplinary procedures undertaken, the number of appeals from salary decreases or disciplinary procedures, and the outcomes of these procedures.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors and specific training for labour inspectors in agriculture. The Committee notes the information in the Government’s report, in reply to its previous comments, that labour inspectors in OSH are university graduates in mechanical engineering, civil engineering, architecture, technology, electrical engineering and occupational safety with a minimum of three years’ work experience. It also notes that, in addition to the professional requirements in terms of the LLI, the LIS obliges all state inspectors including labour inspectors to pass an inspector examination and obtain a licence. The IC is responsible for the examination, licensing, professional qualification and specialization of inspectors. The Government states that OSH inspectors attend mandatory internal training in order to update them on legal developments, as well as training courses arranged with external experts. The Committee further notes the information in the 2017 Annual Report that four training courses were organized on minimum wages and general administrative procedure in performing inspection supervision under a project for Modernization of the Inspection Services, and a number of information sessions were offered in the course of 2017. The Committee requests the Government to continue to provide information on training of inspectors, including training focused on the technical knowledge and skills for labour inspectors in agriculture. Recalling the importance of specific training for the performance of labour inspection duties in agriculture and related issues, the Committee also requests the Government to take the necessary measures to ensure that labour inspectors are provided with specific training in this area, upon their entry into service and in the course of employment.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration with private experts in OSH-related matters. The Committee notes the Government’s indication, in reply to its previous comments on the supervision of entities or persons licensed to perform expert tasks in the area of OSH that the State Labour Inspectorate prepares a report twice a year on the OSH violations detected by private experts or professionals licensed by the MoLSP. The Committee requests the Government to ensure that the reports on the OSH violations detected by private experts or professionals are reflected in the annual labour inspection report and transmitted to the ILO.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Resources of the labour inspection system and inspection visits. The Committee previously noted the decrease in the number of regular inspections and insufficient material means available to labour inspectors. It notes that, according to the Government’s report and the 2017 Annual Report, the number of regular inspections in the areas of labour relations has further declined from 22,973 in 2015 to 13,255 in 2017, despite a slight increase in the number of labour inspectors, from 114 in 2015 up to 118 in 2017. Recalling the importance of ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to provide information on the reasons for the significant decrease in the overall number of regular labour inspections undertaken. It requests the Government to continue to provide information on the number of inspections undertaken and the number of labour inspectors, and the budgetary allocation to the State Labour Inspectorate, as well as information on the coverage of workplaces liable to inspections.

Articles 14 and 21 of Convention No. 81 and Articles 19 and 27 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. Content of the annual inspection reports. The Committee notes the statistical information in the Government’ report on the number of occupational injuries, diseases and deaths for the years 2013–15: there was an increase in the number of serious injuries and occupational fatalities from 2013 to 2015 (from 1,338 to 1,461 and 16 to 24 respectively). However, the Committee notes that the 2017 Annual Report does not appear to contain equivalent statistical information. The Committee requests the Government to ensure that statistical information on the number of industrial accidents and cases of occupational disease is collected, and this information is reflected in annual labour inspection reports in accordance with Article 21(f)–(g) of Convention No. 81 and Article 27(f)–(g) of Convention No. 129.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Content of annual reports on the work of the labour inspection services The Committee notes that the 2017 Annual Report contains information on the number of labour inspectors and the number of inspections performed (as required by Article 21(b) and (d) of Convention No. 81). The Committee observes, however, that the 2017 Annual Report does not contain information on the numbers of workplaces liable to inspection and of workers employed therein, the statistics on violations, industrial accidents, and occupational diseases (Article 21(c), (e), (f) and (g) of Convention No. 81 respectively). Furthermore, no disaggregated data or specific information on labour inspection activities in agriculture is provided (as required by Articles 26 and 27 of Convention No. 129). The Committee notes that the Government has recently sought ILO technical assistance with respect to data collection by the State Labour Inspectorate. The Committee urges the Government to pursue its efforts to ensure that the annual labour inspection report contains full information on the labour inspection services including in agriculture, required by Article 21(c), (e), (f) and (g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129, and transmit them to the ILO.

Issues specifically concerning labour inspection in agriculture

Article 12 of Convention No. 129. Cooperation between the inspection services in agriculture and government services. The Committee previously noted the Government’s indication that inspections would be carried out with the State Inspectorate for Agriculture (SIA) as part of the implementation of the Rulebook on minimal requirements for occupational safety and health of workers exposed to risks related to chemical substances. It notes the Government’s indication, in reply to its previous comments, that no joint inspections were performed by the State Labour Inspectorate and the SIA. The Committee requests the Government to indicate the reasons why joint inspections by the State Labour Inspectorate and the SIA have not been implemented and to provide information on any collaboration in the agricultural sector undertaken by the State Labour Inspectorate or the SIA with other government services or institutions engaged in similar activities.

Labour administration: Convention No. 150

The Committee notes the information provided by the Government in its first report on the application of the Convention.

Articles 5 and 9 of the Convention. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. The Committee notes the Government’s indication that the national tripartite Economic and Social Council plays a role in giving effect to the application of Article 5 of the Convention. With regard to the activities of the Economic and Social Council, the Committee refers to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 6(2)(a). Preparation, administration, coordination, checking and review of the national employment policy by the competent bodies within the system of labour administration. With regard to the national employment policy, the Committee refers to its comments on the Employment Policy Convention, 1964 (No. 122).

Article 7. Progressive extension of the functions of the system of labour administration to certain categories of workers. The Committee notes the Government’s statement that the labour administration system does not cover persons who, pursuant to the law, are unemployed. The Government indicates that it monitors the situation and will extend the existing labour administration system if there is a need to do so. The Committee requests the Government to continue to provide information regarding any developments on the intention to extend labour administration activities to workers engaged in occupations listed in Article 7 of the Convention.

Article 10. Staff of the labour administration system. The Committee notes the information in the Government’s report on the number of labour inspectors, regular training offered to the employees of the bodies under the labour administration system, and the organizational chart. The Committee requests the Government to provide information on the number of staff of the labour administration system, as well as information on accreditation and recruitment procedures for those labour administration staff other than labour inspectors. It also requests the Government to provide information on the material means and the financial resources provided.