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

The Committee notes the Government’s report for the period ending 1 September 2005, and the attached legislation.

1. Article 6 of the Convention. Composition, status, prerogatives and obligations of inspection staff. In reply to its previous comments on the need to strengthen the staff of the labour inspection services responsible for the enforcement of legal provisions respecting occupational safety and health, the Government announces the establishment of an agency responsible for providing support to the labour inspectorate to ensure compliance with the Conventions ratified by the Kingdom, and of the relevant national legislation. According to the Government, this agency would also be responsible for violations and issues relating to occupational safety and health and would cooperate with the Public Agency for Social Insurance for the implementation of a programme of specialized joint inspections on occupational safety and health. The Committee draws the Government’s attention to the need to ensure that the functions of the labour inspectorate, as determined in Article 3, paragraph 1, of the Convention, are entrusted to public officials whose status is in accordance with the requirements of Article 6, who are accorded the powers and prerogatives set out in Articles 12, 13 and 17 and who are covered by the professional ethical principles and obligations established in Article 15. The Committee would be grateful if the Government would provide information on the composition of the staff of the agency referred to above, their qualifications, powers and obligations, and on the nature and duration of their employment relationship, as well as their means of intervention in supervising compliance with the legal provisions covered by the Convention. It also requests the Government to provide information on the implementation of the programme of cooperation between the above agency and the Public Agency for Social Insurance, which are reported to undertake joint inspections, and to provide a copy of any relevant text or document.

2. Article 7, paragraph 3. Training of labour inspectors. The Committee notes with interest the organization of further training sessions for labour inspectors and for agents specializing in occupational safety and health, particularly in the context of the programmes of the Arab Institute for Occupational Safety and Health in Damascus. The Committee would be grateful if the Government would provide information on the content of these training sessions and the number and capacity of the participants.

3. Article 17. Penalties. Further to its previous comments concerning the fall in the number of violations of the legislation respecting wages, the Committee notes with interest Circular No. 8174/6 of 27/4/1425, under the terms of which enterprises which are in arrears for two months or more in the payment of wages to their personnel shall be liable to an administrative penalty consisting of an interruption in the issuing of permits to recruit workers. The Committee would be grateful if the Government would provide information on the results in practice of the implementation by labour inspectors of this circular, the objective of which is to prevent the aggravation of the wage problems suffered by workers and to avoid further abuse.

4. Articles 20 and 21. Annual inspection report. Noting that the annual inspection report has not been communicated, the Committee once again requests the Government to indicate the measures adopted to ensure, where necessary with ILO technical assistance, the publication by the central inspection authority, and its communication to the ILO within the time limits set out in Article 20, of an annual report on the activities of the inspection services, containing up to date information on each of the subjects set out in Article 21(a) to (g).