Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report received on 31 August 2007 and the replies to its previous comments. It also notes the adoption of the Law on the National Labour Inspectorate on 13 April 2007. It would be grateful if the Government would send a copy of this Law to allow the Committee to assess all the amendments made to the legislation giving effect to the Convention. However, the Committee already wishes to draw the Government’s attention to the following point.

Article 12, paragraph 1, of the Convention. Right of inspectors to enter workplaces freely. With reference to its previous observation, the Committee notes that, according to the Government’s indications concerning the contents of the new Law, inspections are still subject to previous authorization to be showed to the employer, except in case of emergency when the authorization is to be provided to the employer not later than seven days after the inspection. The Committee notes that despite its 2005 observation, the legislation has not been amended to bring it into conformity with Article 12, paragraph 1, of the Convention. It is therefore bound to reiterate its previous observation on this issue, which read as follows.

The Committee notes the adoption of the Act of 2 July 2004 on freedom of economic activity, which amends the Act of 6 March 1981 on the National Labour Inspectorate. The Committee notes that section 8(3), as amended, of the Act provides that inspections may be carried out only upon presentation of an authorization from the Chief Labour Inspector or her or his deputies, or district labour inspectors or their deputies, except where circumstances warrant immediate inspection, in which case the labour inspector must present the authorization within three days of the commencement of the inspection. The same section requires the authorization to determine the scope of the inspection in terms of its subject and to indicate the date of commencement and the expected date of completion of the inspection. The Committee further notes that section 80 of the Act on freedom of economic activity requires the employer’s presence at inspections (except in the instances cited in the same section); that section 82 forbids more than one inspection of the enterprise at the same time, so that where an inspection is being performed by an authority other than the inspection service, the labour inspector must postpone her or his visit and set a new date in agreement with the employer; and that section 83 sets limits for the duration, frequency and scope of inspections (other than for the exceptions cited in the same section).

The Committee recalls that, under Article 12 of the Convention, labour inspectors provided with proper credentials shall be empowered to enter freely and without prior notice any workplace liable to inspection and need notify the employer of their presence only if they deem that such notification is unlikely to be prejudicial to the performance of their duties. The Committee also points out that under Article 16, workplaces have to be inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions governing working conditions and the protection of workers. In the Committee’s view, the restrictions that the Act on freedom of economic activity imposes on the performance of labour inspection duties are liable to impair freedom of inspectors to inspect workplaces as often as is necessary.

The Committee therefore asks the Government to make sure that the legislation is re-examined in the light of the objectives of the Convention so as to recognize the right of free access of labour inspectors to workplaces, as prescribed by Article 12, paragraph 1, of the Convention. It trusts that the Government will provide in its next report information on significant progress in this regard.