Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s report for the period ending 31 May 2005 and the legislative texts communicated with the reports relating to Conventions Nos. 81 and 129. The Committee also notes the new comments made by the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT), which were communicated by the Government on 22 September 2005. The PIT-CNT considers that the Government systematically fails to apply the Convention and that the labour inspectorate, which is a vital component of the labour administration system, does not function in a satisfactory manner. According to the PIT-CNT, the exercise of a parallel profession by labour inspectors may prove to be incompatible with their inspection duties. With regard to the recent change of Government and the developments in respect of a change of approach in industrial relations and labour policy, with a greater role for participative tripartism, the PIT-CNT says that it is closely observing the development of the situation.

1. Article 10, paragraph 1, of the Convention. Independence of the staff of the labour administration system. In the light of the many comments it has made in the past under Convention No. 81 (in 2001, 2003 and 2004), which were taken up by the Conference Committee on the Application of Standards (in 2002) and which concerned the incompatibility, in respect of the technical and ethical aspects of the profession of labour inspector, of the legislation authorizing the labour inspector to carry out lucrative parallel activities, the Committee notes the Government’s comments in its report under Convention No. 81 indicating that this situation is to be remedied by measures of a budgetary nature. The report indicates that the question of the disparity in wages between different groups of inspectors with regard to the wages of tax inspectors is being examined, as is the issue of the exclusivity of the function of officials from the General Directorate of Taxes. However, the Committee notes with concern that the possibility for labour inspectors to perform a parallel activity is not called into question, but only made subject to an obligation to declare, under oath, using a form issued by the National Public Service Office, the other employment activity. The Committee recalls, however, that, apart from the impact on the workload, the performing of a second job is highly likely to compromise the authority and impartiality of the labour inspector. The Committee emphasizes the importance of labour inspectors in the sense of Convention No. 81 and considers that these requirements can only be fulfilled if the inspector is independent of any improper external influences, such independence being a requirement under Article 10 of Convention No. 150 for all labour administration staff. The Committee would be grateful if the Government would ensure that the independence of labour inspectors is not based only on provisions of a budgetary nature, but also on legal provisions preventing the exercise of a parallel salaried activity. It requests the Government to communicate information on any measures taken in this regard.

2. Strengthening of the resources and means of the labour administration. The Committee notes with interest that the budget allocated to the Ministry of Labour and Social Security is to be doubled this year and that strategic services, in particular the labour inspectorate and the departments responsible for collective bargaining and employment policy, are soon to be reinforced, notably thanks to international cooperation in 2005 to help launch collective bargaining. The Committee hopes that budgetary allocations for the future recruitment of inspectors, lawyers (ten) and administrative agents (25), and for the creation of a motor vehicle service for labour inspectors, will be made for next year. The Committee also notes with interest the establishment, in each district, of a single information point common to the services of the tax office and the Social Insurance Bank, and hopes that this measure will make it easier for the administrations concerned, in particular the labour inspectorate, to collect the information necessary to create a register of the establishments liable to inspection. The Committee requests the Government to keep the Office informed of any progress made in this regard.

3. Strengthening the labour inspectorate to reduce occupational accidents. In reference to its previous comments relating to the representation made to the ILO by the PIT-CNT and the National Single Trade Union in Construction and Similar Activities (SUNCA) concerning the frequency of occupational accidents in numerous sectors of activity, notably in the building industry, the Committee notes with interest that efforts continue to be made to strengthen the inspection service’s capacity to take action, in particular through the quantitative and qualitative reinforcement of staff, the creation of a motor vehicle service and the provision of the fuel and travel allowances required by inspectors to travel around on inspection visits.

4. Article 5. Tripartite consultation on labour inspection policy. The Committee also notes with satisfaction the creation, by Decree No. 114 of 16 March 2005, of the National Advisory Council responsible for labour inspection policy. This body, headed by the General Inspector of Labour and Social Security, also comprises two employers’ representatives and two workers’ representatives and carries out the following functions:

(1)   issues notices concerning the definition of labour inspection policies in all branches of activity;

(2)   promotes the development of legislation relating to the prevention of occupational risks and the improvement of working conditions;

(3)   requests technical reports from the political bodies and institutions with a view to the improvement of working conditions and the working environment, and the identification of the priorities of the labour inspectorate;

(4)   ensures coordination with these bodies for the joint implementation of specific action plans;

(5)   prepares and proposes plans, programmes and national campaigns on safety, hygiene and the improvement of working conditions;

(6)   issues notices on the definition of specific policies, aimed notably at combating the informal economy or reducing occupational risks.

The Committee hopes that the Ministry’s budgetary allocations for the recruitment of 40 hygiene and safety inspectors will come into effect in the near future, that these inspectors will contribute to increasing inspection activities in establishments and activities where risks are present and that information indicating a reduction in the number of occupational accidents will soon be communicated by the Government. The Committee would be grateful if the Government would communicate to the ILO a copy of any extracts from reports on the work of the National Advisory Council, and any information relating to improvements in the legislation on working conditions in the different sectors of economic activity, including conditions guaranteeing the protection of workers against risks to their health and safety.

Lastly, the Committee notes that the Government has not communicated the information it asked for in its previous direct request and therefore requests, once again, that it supplies this information.