Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

Further to its previous comments, the Committee notes that, while the Government's report describes in general terms the manner in which the Convention should be applied, it contains no information on any new measures taken in relation to the questions raised. The Committee reiterates its earlier suggestion to the Government that it consider the results of relevant technical cooperation received and any further steps which may be taken in that light to enable it to provide a report in the form approved by the Governing Body. It urges the Government to take measures to provide precise information as to the practical working of the labour inspection system, so as to enable the Committee to consider the manner in which the Convention is being applied, and to address its previous comments concerning the following Articles:

Article 3, paragraph 1(c), of the Convention. In addition to securing the enforcement of existing legal provisions, the Committee wishes to draw the Government's attention to the requirement of this Article that the system of labour inspection should have the function of bringing to the notice of the competent authority defects or abuses not specifically covered by the existing legal provisions.

Article 5(b). The Committee notes the Government's general reply to its previous comments regarding the existence of effective collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee would be grateful if the Government would provide particulars of how such collaboration works in practice.

Article 12, paragraph 1(a) and (b). The Committee notes the Government's indication that section 53 of the Individual Labour Relations Act, 1981, authorizes labour inspectors to enter without previous notice at any hour of the day or night any workplace liable to inspection. However, it recalls that the terms of section 53 limit such entry to working hours only. The Committee would be glad if the Government would clarify the matter and indicate any amendment of the legislation adopted or proposed.

Article 15(a). The Committee notes that, despite the absence of a provision prohibiting labour inspectors from having any direct or indirect interest in the undertakings under their supervision, the Government considers that such prohibition is applied effectively in practice by the directors of the inspectorates at the time of the appointment of labour inspectors. The Committee hopes the Government will bring the law into line with the practice by adopting a provision requiring this, and that it will supply details.

Articles 16, 20 and 21. The Committee notes that annual reports on the activities of the inspection services have not been provided for a considerable number of years. The Committee wishes to recall the importance it attaches to such reports as an essential means of obtaining evidence of the activities of these services, and showing whether workplaces are being inspected as often and as thoroughly as is necessary to ensure the effective application of relevant legal provisions. It hopes appropriate steps will be taken, perhaps by reference to the technical cooperation mentioned above.