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

The Committee notes the Government’s reply to its previous comments. It would be grateful if it would provide additional information on the following points.

Article 3, paragraph 1, of the Convention. The Committee would be grateful if the Government would indicate the measures which have been taken to entrust the system of labour inspection with the functions set out in points (b) and (c) of this provision, namely to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions and to bring to the notice of the competent authorities defects or abuses not specifically covered by existing legal provisions.

Paragraph 2. Noting the information provided by the Government in an earlier report on the role of factory inspectors in the settlement of labour disputes, the Committee would be grateful if it would indicate the measures which have been taken or are envisaged to ensure that the performance of the duties with which they are entrusted in this respect is not such as to interfere with the effective discharge of their primary duties, as set out in Article 3, paragraph 1(a) to (c), or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Article 4. The Committee requests the Government to provide a copy of the organigram of the labour inspectorate.

Article 5. With reference to its previous comments, the Committee notes the information that cooperation is promoted between factory inspectors, health and safety officers and designated agents employed by the national employment councils through workshops, seminars and meetings. The Committee requests the Government to provide information on the nature and results of this cooperation.

Article 6. The Committee notes that the national employment councils, which are bodies established by trade unions and employers’ organizations which are duly constituted and registered, designate agents who are entrusted with carrying out labour inspections. It would be grateful if the Government would provide details on the procedures for the designation of these agents and indicate the manner in which their stability of employment and independence of improper external influences is assured, as required by this provision in relation to labour inspection staff.

Articles 8 and 10. Noting that, in the same way as men, women are eligible for employment as inspectors and that they perform the same duties and, in view of the Government’s indication in its report of a forthcoming increase in the numbers of labour inspectors, the Committee requests the Government to indicate the geographical distribution by sex and by grade of the staff of the labour inspectorate.

Articles 11 and 16. Noting the information provided by the Government under Article 11 in successive reports, the Committee would be grateful if it would provide information, firstly, on the geographical distribution, condition, accessibility and equipment of labour inspection premises and, secondly, on the motor vehicles available to inspection services and on the measures which have been taken or are envisaged to resolve the shortage of means of transport and provide inspectors with the facilities necessary for the regular performance of their workplace inspection duties.

Article 12, paragraph 1(a) and (b). The Government is requested to indicate whether labour inspectors and the designated agents of national employment councils are empowered to enter freely by night any workplace liable to inspection and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. If so, the Committee requests the Government to indicate the relevant legal provisions.

Article 12, paragraph 1(c)(iii). The Committee requests the Government to indicate the measures which have been taken to give effect to this provision, which requires that labour inspectors are empowered to enforce the posting of notices required by the legal provisions.

Article 12, paragraph 2. The Committee requests the Government to indicate whether, in accordance with the requirements of this provision, labour inspectors are at liberty, on the occasion of an inspection visit, to refrain from notifying the employer or his representative of their presence where they consider that such a notification may be prejudicial to the effectiveness of the inspection. If not, the Committee would be grateful if it would take the appropriate measures to provide them with this faculty on a legal basis.

Article 15. With reference to its previous comments, and noting that the Government has not provided the information requested on the application of this Article, the Committee requests the Government to do so in its next report, particularly with regard to the provisions of the national legislation which give specific effect to the obligation of labour inspectors not to have any interest in the workplaces under their supervision (point (a)), professional confidentiality (point (b)) and confidentiality as to the source of complaints (point (c)).

Article 17, paragraph 2. Please also provide information on the manner in which effect is given to this provision, under which inspectors may decide to give warning and advice instead of instituting or recommending proceedings.

Articles 20 and 21. Noting that despite the statement that an annual inspection report for 2000 is being compiled, no such reports have yet been received since the ratification of the Convention, the Committee would be grateful if the Government would take the necessary measures in the near future to ensure the publication of such reports by the central labour inspection authority and their transmission to the ILO within the time limits set out in Article 20, and that they include information on each of the matters enumerated in Article 21(a) to (g). The Committee requests the Government to draw the attention of the central labour inspection authority to the guidance provided in this respect in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), with regard to the nature of the information required.