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

With reference to its previous comments, the Committee notes from the Government's latest report that, due to social and economic circumstances prevailing in the labour market, the draft Labour Code, which has been the subject of its comments since 1976, is still before the Council of Ministers. It notes the Government's indication that all social partners concerned have participated in the discussions on the draft Labour Code. The Government has also indicated that the representative organisations concerned have been invited to present new proposals and observations in order to take into account information which has come to light since 1983 concerning the economic and social life at the local, regional and international level. The committee responsible for drafting the Code is then to meet at regular intervals in order to review the draft in light of these new circumstances and to submit this information, along with any amendments deemed necessary, to the Council of Ministers for promulgation. In this regard, the Committee recalls the indication made by the Government in its 1982 report to the effect that the draft Labour Code should ensure the application of: Article 10 (maintenance of a comfortable and steady temperature at the workplace); Article 11 (workstations arranged so that there is no harmful effect on the health of the worker); Article 14 (sufficient and suitable seats for all workers); Article 16 (underground or windowless premises in conformity with appropriate standards of hygiene); Article 17 (the protection of workers against substances, processes and techniques which are obnoxious, unhealthy, toxic or for any reason harmful, including, where necessary, the provision of personal protective equipment); and Article 18 (reduction of noise and vibration at the workplace). The Committee also recalls that, in many circumstances, implementing measures will need to be taken by ministerial order so as to ensure that full effect is given to these provisions.

Furthermore, the Committee wishes to point out once again the following discrepancies which were present in the last version of the draft Labour Code made available to the Office:

- section 133(c) of the draft Labour Code provides for the placing of seats at the disposal of women, whereas, under Article 14 of the Convention, sufficient and suitable seats must be supplied for all workers;

- section 144 of the draft Labour Code (to which the Government refers in relation to Article 15 of the Convention) provides for the use of personal protective equipment but does not provide for suitable facilities for the workers to change, leave and dry clothing that is not worn at work, as required by Article 15 of the Convention.

The Committee trusts that the Labour Code and implementing ministerial orders will be adopted very shortly and shall give effect to the above-mentioned Articles of the Convention, and will also, in accordance with Article 4(b), give such effect as may be possible and desirable under national conditions to the provisions of the Hygiene (Commerce and Offices) Recommendation, 1964. The Government is requested to indicate all progress made in this connection.