Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

With reference to its observation, the Committee requests the Government to provide further information on the following points.

1. Labour inspection and child labour. The Committee notes with interest that the statistical table on inspection visits for 1998 and the period between January and September 2000 includes information on the outcome of the supervision of legal provisions respecting work by young persons in various age categories, particularly in metal foundries, mines and the retailing of alcoholic drinks. With reference to its general observation of 1999 concerning the very positive role that labour inspection services can play in combating child labour, the Committee requests the Government to take the necessary measures for the continued detection of illegal situations of child labour, so that this scourge can be combated effectively, and to ensure that the relevant information is included in the annual inspection report which is to be published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.

2. Defects or abuses not specifically covered by existing legal provisions (Article 3, paragraph 1(c)). With reference to paragraph 79 of its General Survey of 1985 on labour inspection, in which it emphasizes the fundamental value for social progress of the duty of bringing to the notice of the competent authority defects or abuses which are not specifically covered by existing legal provisions, the Committee requests the Government to note that this is one of the three principal duties of labour inspection set out in Article 3, paragraph 1, and that, where it is properly understood and carried out, it should promote the introduction of new protective measures for workers. Noting that labour inspectors are ideally situated, in view of their direct knowledge of the working environment, to alert the authorities to the need for new and more appropriate regulations, the Committee suggested that the notification of the competent authorities of shortcomings in the legislation could take place through the channel of the periodical reports that labour inspectors submit to their superiors, or through ad hoc reports. The Committee hopes that the Government will not fail to take the necessary measures as soon as possible and that it will provide information on any developments in this respect.

3. Further duties liable to interfere with the effective discharge of the primary functions of labour inspection (Article 3, paragraph 2). The Committee notes that, under the terms of section 589 of the Organic Labour Act of 10 June 1997, the labour inspection services are responsible for discharging, among other functions, the duties of conciliation and arbitration. Please indicate the manner in which it is ensured that the performance of these duties does not interfere in the discharge of the primary duties of labour inspectors.

4. Assignment of women inspectors to certain duties (Article 8). Please indicate the special duties assigned, according to the Government’s report, to women engaged in the staff of the inspectorate.

5. Inspection by day of premises which may be liable to inspection (Article 12, paragraph 1(b)). With reference to paragraph 165 of its General Survey of 1985 on labour inspection, the Committee wishes to draw the Government’s attention to the case of premises which do not formally and clearly appear to be liable to inspection, but in which workers covered by the labour legislation are engaged. Recalling in this respect that, in accordance with the above provision, labour inspectors must be empowered to enter these premises by day, it requests the Government to provide information on the manner in which it is ensured that workers engaged therein are covered by this provision or, if this is not the case, to take measures for this purpose and to provide information in this respect.

6. Scope of supervisory powers (Article 12, paragraph 1(c)(ii) and (iv)). The Committee would be grateful if the Government would provide information on the measures which have been adopted or are envisaged to give effect to these provisions, under which labour inspectors should be empowered to copy or make extracts from any books, registers or other documents the keeping of which is prescribed by laws or regulations relating to conditions of work, and to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purpose.

7. Right and duty of confidentiality of inspectors concerning the reasons for the inspection (Article 12, paragraph 2, and Article 15(c)). By compelling labour inspectors to notify employers upon their arrival in the establishment of the reason for the inspection, section 590 of the Organic Labour Act is contrary to these two provisions of the Convention, under which, on the one hand, inspectors should be able to assess the appropriateness of warning employers of their presence and, on the other hand, should be prohibited from revealing to the employer or his representative the fact that the inspection has been occasioned by a complaint. The Committee therefore requests the Government to take measures to bring its legislation into conformity with the Convention on these points and to provide information on the progress achieved.

8. Annual inspection report (Articles 20 and 21). While noting the statistics of the inspections carried out during the course of 1999, 2000 and the first half of 2001, the penalties imposed and the fines imposed over the same period, as well as the statistics of industrial accidents and cases of occupational disease for 1998 and 2000, the Committee once again notes the absence of information on the number of workplaces liable to inspection and the number of workers employed therein, and it reminds the Government that an annual inspection report containing information on each of the subjects enumerated in Article 21(a) to (g) should be published and transmitted to the ILO by the central inspection authority within the time limits prescribed by Article 20. The Committee hopes that the Government will not fail to take the necessary measures to give effect to these provisions in the Convention in the near future.