Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

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

With reference to its previous comments, the Committee notes that Directive No. 1167 of 3 January 2001, issuing the "Manual of procedures for labour inspection" has been entirely modified by Directive No. 8 of 13 January 2004 published in the Official Journal with a view to strengthening the functions of the labour inspectorate and making available to the inspection services more effective and rapid methods and forms of organization. The Committee notes that the plan for the transformation of the labour inspectorate established as of 2000 and its implementation programme for 2004 are aimed at: the regionalization of the competences of the labour inspectorate and the decentralization of human, financial and technical resources; the involvement of the social partners; the modernization of working methods; and the reinforcement of the preventive and educational role of the inspectorate. The Committee requests the Government to continue providing detailed information on the activities carried out in the context of this plan and on their impact on the operation of the labour inspection system.

Article 3, paragraph 1(c), of the Convention. The Committee once again requests the Government to take the necessary measures to supplement the legislation so that labour inspectors are made responsible, in addition to the functions of control, advice and technical information, for contributing to the improvement of the legislation by bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

Article 5. With reference to its previous comments, the Committee notes with interest the establishment in 2003 of the National Technical Advisory Council on Labour Inspection and the regional technical advisory councils. Also noting a draft amendment to Decree No. 28578-MTSS of 3 February 2000, issuing regulations on the organization and services of the labour inspectorate, the Committee requests the Government to provide a copy of any relevant final text, as well as information on the issues covered by these councils and the effect given to their opinions.

Article 12, paragraph 1(a) and (b). With reference to its previous comments, the Committee notes the absence of the information requested previously on measures to harmonize the national legislation concerning the right of inspectors to enter freely industrial and commercial workplaces, while ensuring their conformity with the provisions of the Convention. The Government is therefore requested to take measures for this purpose and to keep the ILO duly informed.

Article 12, paragraph 1(c)(i) and (ii). The Committee notes with interest that under sections 1.2.2.5 and 1.2.3.3 of Chapter 3 of the new "Manual of procedures for labour inspection", inspectors are henceforth authorized to interview employees and workers individually and confidentially during inspections and their follow-up and, under the terms of sections 1.2.2.4 and 1.2.3.4, to examine any document necessary for the identification of violations of the legal provisions and to obtain a copy thereof.

Article 12, paragraph 1(c)(iii) and (iv). With reference to its previous comments, the Committee also recalls that inspectors should be entitled to enforce the posting at the workplace of notices required by legal provisions and to take or remove for purposes of analysis samples of materials and substances, as envisaged by these provisions.

Article 12, paragraph 2. The Committee notes that, under the terms of section 1.2.2.3 of the new "Manual of procedures for labour inspection", it is envisaged that inspections begin with an interview with the employer or her or his representative. The Committee reminds the Government of the need to set out in the legislation the right of labour inspectors to refrain from informing the employer or her and his representative of their presence where they consider that such notification may be prejudicial to the effectiveness of the inspections.

Article 14. According to the Government, the National Insurance Institute (INS) provides statistics of industrial accidents on an annual basis to the National Directorate of Labour Inspection (DNI). The INS and the DNI are reported to remain in constant communication with a view to carrying out inspections in workplaces where violations have been identified so that labour inspectors can carry out the relevant investigations. The Government is requested to indicate the laws, regulations or administrative provisions which provide a basis for this notification procedure and the powers of investigation of labour inspectors.

Inspection of child labour. While noting the tables on the administrative treatment of cases of young workers by the labour inspection services, and the volume of advice provided to these workers in 2003, the Committee would be grateful if the Government would ensure that information and statistics on inspection activities in the context of measures to combat child labour, and their results, are communicated regularly to the ILO.