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

The Committee notes the Government’s report on the application of the Convention for the period ending 15 September 2005. It notes with interest the communication to the Office of the annual reports on the activities of the labour inspectorate for 2003 and 2004, an inspection report form and annexes on training courses for labour inspection staff.

1. Articles 10 and 11 of the Convention. Human and material resources of the labour inspectorate. The Committee notes with interest that 47 new labour inspectors were recruited between 2003 and 2004 to remedy the retirement and resignation of other staff. Furthermore, independent equipped premises and vehicles were made available to the labour inspectorate. According to the Government, the labour administration should benefit in future from greater material and human support, including a rise in the remuneration of inspectors through a work allowance equivalent to 20 per cent of their basic salary. The Committee would be grateful if the Government would indicate the new geographical distribution of labour inspection services and offices and of the inspection staff responsible for discharging the functions set out in Article 3, paragraph 1, of the Convention and if it would keep the ILO informed of the implementation of any measures intended to reinforce the conditions of service of labour inspectors and their means of action.

2. Article 3. Supervision of legal provisions. The Committee notes that the inspection report form used by labour inspectors during inspections of workplaces liable to inspection does not appear to envisage supervision of sections 91 to 100 of Federal Law No. 8 of 1980 on occupational safety and health measures and social assistance for workers. With regard to the obligations of the employer established in section 101 of Federal Law No. 8 of 1980, relating to the conditions of transport, accommodation and catering for workers employed in remote areas not served by normal means of transport and determined by ministerial order, the inspection form only envisages supervision by inspectors of the first subsection relating to the obligation to provide such workers with adequate means of transport. The Committee would be grateful if the Government would provide clarifications on the manner in which the enforcement is secured of sections 91 to 100 and section 101(2) to (6) of Federal Law No. 8 of 1980, illustrated by any relevant legal text or document.

3. Article 3, paragraph 2. Further duties entrusted to labour inspectors. The Committee notes with interest, in reply to its previous comments on the subject of the significant proportion of the activities of labour inspectors covering the field of irregular employment, that operations relating to work permits are now entrusted to committees established specifically for this purpose by the Minister. The Committee would be grateful if the Government would keep the Office informed and indicate in its next report the fields of labour law that remain within the competence of labour inspectors and the impact of the lightening of their responsibilities concerning the monitoring of irregular employment on the discharge of their functions relating to the conditions of work and protection of workers while engaged in their work.

The Committee also notes with interest the announcement by the Minister of Labour, at the Fourteenth Asian ILO Regional Meeting held in the Republic of Korea in September 2006, of the establishment of a mechanism to protect foreign workers in the near future and the view expressed that the organization of relations between employers and employees is a priority, particularly with regard to freedom of movement between jobs and the improvement of living conditions. The Committee would be grateful if the Government would inform the ILO of the scope of the functions entrusted to the labour inspectorate in the implementation of the announced measures.

4. Article 3, paragraph 2. Discretion of labour inspectors to give warnings and advice instead of instituting or recommending proceedings. The Committee notes that, under the terms of section 186 of Federal Law No. 8 of 1980, criminal proceedings against those committing violations are not commenced, in so far as possible, until advice and guidance has been provided to the employers and workers concerned and an order, in writing where necessary, has been issued to resolve the violation. With reference to its previous direct request in which it emphasized the necessary complementarity between the enforcement functions and the educational role of labour inspectors, the Committee notes that it may be inferred from the wording of this legal provision that inspectors are not, as required by Article 17, paragraph 2, of the Convention, given discretion as to whether it is appropriate to adopt immediate enforcement action or intermediary persuasive measures of an educational nature, or an injunction. Such discretion is intended to offer inspectors the possibility of adapting the measures taken to the nature of the infringement, the circumstances in which it is committed and the usual conduct of the person responsible in relation to the application of the law. The Committee therefore requests the Government to take the necessary measures to bring the legislation into conformity with the Convention through the adoption of a provision explicitly leaving it to the discretion of labour inspectors to decide freely as to the appropriate action to be taken when a violation is reported, except in the exceptional cases set out in the law in which prior warning has to be given to remedy the situation or preventive measures adopted. It hopes that relevant information will be provided by the Government in its next report.

5. Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes that section 142 of Federal Law No. 8 of 1980 establishes the obligation for employers to notify industrial accidents and cases of occupational disease immediately to the Department of Labour. Under the terms of sections 144 and 149, the employer is also obliged to pay medical expenses until the worker recovers, an allowance in the event of incapacity of the worker to return to work and financial compensation to the worker’s family in the event of a death resulting from an industrial accident or occupational disease. In its report for the period ending May 2000, the Government indicated that it had organized meetings relating to the amendment of the legislation to improve the system for the notification of industrial accidents and cases of occupational disease with a view to achieving the objectives of Article 14 of the Convention. The Committee would be grateful if the Government would indicate whether progress has been achieved in this respect; if so, please describe the new procedure in force and provide the relevant texts. If not, it requests the Government to indicate whether it has been possible to take measures using new communication technologies for the computerized notification of occupational health and safety incidents, so as to enable the inspectorate to target its preventive action on activities and workplaces characterized by a high frequency of accidents or numerous cases of occupational disease.

With regard more particularly to reported cases of occupational diseases, the Committee would be grateful if the Government would provide information on the manner in which the enforcement of sections 144 and 149 of Federal Law No. 8 of 1980 is secured in relation to foreign workers who have left the country due to incapacity for work.

6. Article 11(a). Accessibility of labour inspectors. The Committee would be grateful if the Government would indicate, particularly in relation to freedom of movement and specific linguistic needs, the means through which foreign workers are able to report to the labour inspectorate a failure by an employer to fulfil her or his obligations towards them or in relation to general occupational safety and health rules.

7. Articles 20 and 21. Annual inspection report. The Committee notes that the annual report on the activities of the labour inspectorate does not contain statistics of workplaces liable to inspection and the number of workers employed therein. The Committee recalls that, in the absence of such data, it is possible to make any assessment of the scope of the coverage by labour inspection in relation to needs and the effectiveness of the inspection system. The Committee therefore requests the Government to ensure that such information is contained in the annual inspection report, in accordance with Article 21(c) of the Convention.