Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the Government’s reports covering the period from 1995 to 1999, and the attached texts. It also notes the annual inspection reports prepared by each Land for the same period. It makes the following requests to the Government.

1.  Requirement of a detailed report.  The Committee reminds the Government that the Convention is classified as a priority Convention and therefore requires Members to provide a detailed report to the ILO every two years on the measures taken to give effect to its provisions, in accordance with the information requested under each provision in the report form adopted by the Governing Body of the ILO, in so far as such information is not contained in the annual inspection report. Noting the complexity of the organization and operation of the bodies entrusted with activities relating to the principal functions of labour inspection, as set out in Article 3 of the Convention, the Committee requests the Government to provide information on each of the provisions of Articles 4, 5, 8, 9, 10, 14 and 19.

2.  Annual general report on the work of the inspection services.  While noting with interest the large amount of information contained in the annual inspection reports transmitted by the Länder, the Committee would be grateful if the Government would envisage the possibility of taking appropriate measures to ensure that the central authority at the federal level prepares and transmits to the ILO, in accordance with Article 20, an annual general report containing the required information on each of the subjects enumerated in Article 21(a) to (g).

3.  Imposition of penalties for violations of legal provisions relating to the subjects covered by the Convention.  The Committee would be grateful if the Government would provide information on the measures taken in practice for the imposition of the penalties envisaged by the law in the event of the violation of legal provisions relating to conditions of work and the protection of workers while engaged in their work. In particular, it requests the Government to indicate the proportion of violations brought before the judicial tribunals in relation to the number of violations reported by the inspection services, and to indicate its opinion on whether or not the penalties imposed are dissuasive.