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

I. The Committee notes the information supplied by the Government in its latest report. In comments it has been making for many years, the Committee has been pointing out that there are no provisions in the legislation to give effect to 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 15 (suitable facilities for workers to change, leave and dry clothing that is not worn at work), 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 or toxic, including, where necessary, the provision of personal protective equipment) and Article 18 of the Convention (reduction of noise and vibration at the workplace). Since 1976, the Government has referred to the draft Labour Code which is to give effect to the above provisions of the Convention. In its report of August 1993, the Government indicates that the draft Labour Code provides that the necessary measures to apply Articles 10, 14, 15, 16 and 18 of the Convention will be taken in the form of instructions drawn up by the Minister. The Government is asked to indicate the measures that have been taken or are envisaged to ensure that effect is given to Articles 11 and 17 of the Convention.

II. Article 1 of the Convention. 1. The Committee noted from the Government's report for 1991 that the draft Labour Code specifies the measures to be taken to ensure the application, in industrial establishments, of Articles 10 and 16 of the Convention. The Committee recalls that, by virtue of Article 1, the Convention applies to establishments, institutions and administrative services in which the workers are mainly engaged in office work. The Committee again asks the Government to indicate the measures taken or envisaged to ensure that the application of Articles 10 (comfortable and steady temperature at the workplace) and 16 (appropriate standards of hygiene for underground or windowless premises) is extended to establishments where workers are mainly engaged in office work.

2. The Committee noted that, according to the latest version of the draft Labour Code available at the Office, civil servants, employees of the public administration and municipalities are excluded from the provisions of the Code and are covered by special rules. The Government is again asked to indicate the measures taken or envisaged to guarantee that the Convention is applied to all workers, including public employees, in establishments, institutions and administrative services in which workers are mainly engaged in office work.

III. The Committee trusts that the Labour Code and the implementing instructions issued by the Ministry, or any other legal instrument necessary to guarantee that the above-mentioned Articles are applied to establishments covered by the Convention, will be adopted in the very near future and that the Government will ensure, in accordance with Article 4(b), that such effect as may be possible and desirable under national conditions is given to the provisions of the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120).

The Government is asked to indicate any progress made in adopting the new Labour Code and the ministerial instructions referred to and to provide a copy of any relevant texts adopted in this respect.