Observation (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

In the comments that it has been making for many years, the Committee has referred to the absence of provisions in national law to give effect to Articles 2 and 4 of the Convention. Article 2 deals with the prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in paragraphs 3 and 4 of the same Article are without appropriate guards. Article 4 provides for the extension of the responsibility of the vendor, the person letting out on hire or transferring the machinery and the exhibitor, in accordance with national legislation, to their agents.

The Government has referred on several occasions to the current draft of the new Labour Code which would give effect to the above provisions of the Convention. In its last report, the Government indicates that this draft text has been under examination since 1983 by the Council of Ministers, which is responsible for its enactment. It also indicates that the discussion of the draft text is taking place with the participation of all the parties concerned.

The Committee notes that the Government does not indicate whether a time-period is planned for the adoption of the new Code. In view of the fact that this matter has been the subject of its comments for many years, the Committee once again hopes that the Government will take the necessary measures in the near future to give effect to the Convention in respect of the points that have been raised.