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

The Committee notes the Government's report and the information provided in response to its previous comments. The Committee also notes the legislative texts which were received after the report. The Committee refers to its previous comments and requests the Government to provide additional information on a certain number of points.

1. Articles 7 and 10 of the Convention. The Government indicates that, since its last report, recruitment of public officials has not increased significantly, which the statistical data provided confirmed. To indicate the progress made in training inspectors, the Government points out that during 1995 and 1996 a dozen labour controllers were promoted to the position of labour inspectors and that seminars and training workshops have enabled labour inspectors to specialize in various fields. However, it should be noted that if the promotion of those concerned constitutes the recognition of professional qualifications which have been acquired to carry out their new functions, it cannot however be assimilated to an act of training. The Committee would like to draw the Government's attention to the contents of paragraph 155 of the General Survey of 1985 on labour inspection in which it emphasizes that, whatever the value of the training given to inspectors on their entry into service, it is advisable that it should be periodically supplemented, not only in order to refresh their knowledge but also to keep them abreast of new technologies. In particular, the Committee recommends that, in respect of the various methods of training which exist, depending on the availability of resources, further training courses should be organized more or less systematically (paragraph 155). The Committee requests the Government to specify in its next report the frequency and programme content of the seminars and workshops intended for labour inspection staff. The Committee requests the Government to provide information on progress noted in respect of recruitment of staff and visits of inspection.

2. Article 11, paragraphs 1 and 2, and 16. The Committee notes the information to the effect that, within the framework of the decentralization of labour services, five regional labour employment and social service offices have been established and that their number is expected to increase to nine in 1999. The Committee recalls that under the provisions of this Convention the competent authority shall make the necessary arrangements to furnish labour inspectors with local offices, suitably equipped in accordance with the requirement of the service, and accessible to all persons concerned (paragraph 1(a)), as well as the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist (paragraph 1(b)). The Committee requests the Government to provide further details on the expected practical effect of the decentralization of labour services on the application of the above measures, whose objective is to enable workplaces, subjected to inspection, to be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions relating to conditions of work and the protection of workers while engaged in their work (Articles 3 and 16). The Committee notes moreover with interest that, section 20 of Decree No. 95395 of 29 September 1995 lays down that labour inspectors and controllers have the right to an allowance for the exercise of their duties and additional compensation for the constraints and special conditions of service, and that the Government states in its report that any expenditure necessary for the exercise of their duties shall be fully reimbursed if this expenditure is, in fact, justified. The Committee requests the Government to specify whether the allowances granted to labour inspectors under the above Decree reimburses travel expenditure incurred for the performance of their duties, in particular, periodical and selective visits of inspection, and to indicate, whether the above reimbursement is a fixed amount or variable in respect of real expenses incurred in this respect. Where expenses are not covered by the above-mentioned allowances and bonuses, the Government is requested to provide a breakdown of expenses which are reimbursed upon receipt of expense claim forms in respect of the inspection service, as indicated in the report.

3. Article 12, paragraph 1. The Committee refers to its previous comments to the effect section 222 of the Labour Code does not empower labour inspectors, on the one hand, to enter by night premises which they may have reasonable cause to believe to be liable to inspection and, on the other, to enter by day premises where they may have reasonable cause to believe persons liable to the Labour Code are working, and notes the Government's intention to re-examine this provision. The Committee draws the Government's attention to paragraph 157 and subsequent paragraphs in the above General Survey which define the labour inspection provisions in this respect, namely that these provisions aim expressly at giving labour inspectors the possibility of supervising, without prior warning and at any time, establishments liable to inspection, considering the unexpected nature of the inspection visit as the best guarantee of effective supervision. The Committee considered that where inspection is restricted to working hours, the inspectors' power of entry does not enable them to ascertain whether workers are being unlawfully employed outside normal working hours and moreover, it is often easier to check the state of certain machines when they are not in use and therefore more effective to inspect them when the undertaking is not operational. The Committee hopes that this information will inspire the Government to take rapid measures to give effect to this provision and that the Government will not fail to provide information in its next report on progress achieved in this respect.

4. Articles 20 and 21. The Committee notes with interest the report detailing labour statistics for 1993 and the Central-East Regional Employment and Social Security Service quarterly report on inspection activities (April, May and June 1997). The Committee draws the Government's attention to the fact that annual reports, of a general nature, on labour inspection activities in respect of paragraphs (a) to (g) of Article 21 must be published and transmitted to the ILO within the time period laid down in Article 20. The Committee hopes that, in future, the Government will be in a position to give effect to the provisions of the Convention by publishing the above reports and transmitting them to the Office within the period specified.