Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

With reference to its previous observation, the Committee notes with satisfaction that the Labour Code adopted by Act No. 8 of 1996 and the Labour Inspection Regulations No. 56 of 1996 give effect to a number of provisions of the Convention.

1. Adoption of legislation and regulations

Article 3 of the Convention. The Committee notes that Regulations No. 56 of 1996 specify that among the functions of the labour inspection system shall be those provided for in paragraph 1(a), (b) and (c) of this Article; that any other duties entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties; and that under section 7 of these Regulations, labour inspectors shall not be responsible for any tasks that are incompatible with their duties. In addition, under section 120 of the Labour Code, labour inspectors are now relieved of the task of conciliation in the event of collective labour disputes, this responsibility having been entrusted to specially appointed Ministry of Labour officials.

Article 5. The Committee notes that the cooperation and collaboration referred to in this Article are encouraged by section 79 of the Labour Code, which provides that the Minister, in consultation with the competent official bodies, shall prescribe the appropriate measures to ensure the prevention and protection of workers from occupational hazards and illnesses and to maintain a working environment that is conducive to the health and safety of workers; by section 83, which provides that employment in certain posts may be subject to a medical examination of the applicant to ensure that he or she is physically capable of doing the job; by section 85, according to which the Council of Ministers, at the recommendation of the Minister of Labour, can issue instructions to establish occupational safety and health committees, appoint supervisors for public and private establishments and define the powers and duties of these committees and supervisors (subparagraph (a)); and by section 3(c) of Regulations No. 56 of 1996 under which labour inspectors are responsible for encouraging cooperation between employers and their organizations, on the one hand, and workers and their organizations, on the other (subparagraph (b)).

Article 7, paragraphs 1 and 2. The Committee notes that, in accordance with these provisions, the qualifications required for the recruitment of labour inspectors are fixed by Regulations No. 56 of 1996.

Article 12, paragraph 2. The Committee notes that, under section 5(a) of Regulations No. 56 of 1996, the labour inspector is required to notify the employer or his representative of his presence when making an inspection visit, unless he believes that such notification may prevent him from carrying out his duties.

Article 14. Compulsory notification by employers of labour inspectors of any industrial accidents and cases of occupational diseases is provided by section 9 of Regulations No. 56 of 1996.

Article 15. The Committee notes that effect has been given to these provisions by section 6 of Regulations No. 56 of 1996.

2. Practical application of the Convention

The Committee notes with interest the detailed information on the efforts made to strengthen the labour inspection services and achieve a balanced distribution of labour inspection staff, and to provide continual training for labour inspectors (Articles 7, 10 and 11 of the Convention). The Committee also notes the annual activities reports of the labour inspection service published in the annual reports of the Ministry of Labour for 1993, 1994 and 1995 which provide information requested under Article 21(b), (c), (d), (e) and (f), as well as the information given in the annex to the Government's report of 1996. The Committee also notes the information provided in answer to the request contained in its previous observation on the geographical distribution of the labour inspectors and the proportion of women in the inspection service (Article 8). The Committee would be grateful if the Government would continue to provide such information to the ILO, in particular in the annual reports under Article 20.

A request regarding certain points is being addressed directly to the Government.