Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Also with reference to its observation, the Committee notes the Government’s brief report, the partial replies provided to its earlier comments and the attached documents.

Recalling once again that, as one of the ILO’s priority instruments, this Convention requires Members which have ratified it to provide the ILO with a report every two years on any new legislative provisions or measures taken by the competent authorities to give effect to it, in accordance with the questions raised in the report form. The Committee therefore requests the Government to provide such reports in future. It also requests the Government to provide information on the following points.

The Committee would be grateful if the Government would indicate the progress made in the procedure for the enactment of various decrees under sections L.168, L.185, L.186, L.189 and L.190 of the Labour Code, the signature of which was announced in its report, and to provide copies, where appropriate.

Articles 2; 3, paragraph 1(a); 17 and 18 of the Convention. With reference to its previous comments, the Committee notes the penalties set out in sections L.278 to L.286 of the Labour Code for violations of certain specific provisions of labour law. It notes that the penalties for obstructing labour inspectors in the exercise of their duties are set out in section L.281, but notes once again that no penalties appear to be envisaged for violations of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, such as provisions relating to hours of work, wages and occupational safety and health conditions. The Committee trusts that the Government will take the necessary measures to establish a system of penalties applicable to this type of violation with a view to giving effect to the relevant provisions of the Convention.

Article 5(a). With reference to its previous comments on the application of this provision, and noting that the civil and military authorities provide assistance to labour inspectors on the basis of request forms intended for this purpose, the Committee requests the Government to indicate the authorities in question and to provide a copy of the above form.

Article 12. Further to its previous comments, the Committee requests the Government to take measures to supplement the powers set out in section L.197 of the Labour Code through the adoption of legal provisions under which labour inspectors are authorized to enter at night any workplace liable to inspection and by day any premises which they may have reasonable cause to believe to be liable to inspection (paragraph 1(a) and (b)), and a provision authorizing them to refrain from notifying the employer or his representative of their presence on the occasion of an inspection visit where they consider that such a notification may be prejudicial to the performance of their duties.

Articles 20 and 21. Noting the Government’s partial replies to its previous comments on these provisions, the Committee would be grateful if it would provide information on the results of a survey announced in 1992 on occupational medicine in electricity, water and construction companies.

The Committee hopes that the Government will soon transmit the annual report for 2000, as it has undertaken to do, and that in future it will transmit such reports containing the information required on each of the matters set out in Article 21 within the time limits provided for in Article 20.