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

The Committee refers the Government to its observation and asks it to send further information on the following points.

Article 3, paragraph 1(c), of the Convention. Contribution of the labour inspectorate to improving labour law. With reference to its previous comments, the Committee notes that ways and means are being studied for enabling inspectors to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions, and that relevant information will be sent in due course. The Committee hopes that the Government will not fail to provide information in its next report on developments in this area together with copies of any relevant texts.

Article 3, paragraph 2. Further duties entrusted to inspection staff in the area of labour relations. Further to its previous comments, the Committee notes the Government’s information that “labour inspector” refers to an official entrusted under section 589 of the Basic Labour Act with the settlement of labour disputes at the administrative level. Officials performing inspection duties within the meaning of the Convention are called labour and social and industrial security “supervisors”. Conciliation or arbitration are not among their duties. Noting that section 592 of the abovementioned act empowers the minister to appoint special officials to intervene in the conciliation and arbitration of individual or collective disputes, the Committee would be grateful if the Government would send any texts adopted under this provision.

Article 12, paragraph 1(c)(iv). Control of materials and substances used. The Committee notes that under section 590 of the Basic Labour Act labour inspection officers are empowered to gather evidence in the course of visits and to undertake any investigation or examination they deem necessary to ensure that the legal provisions are properly applied. The Committee would be grateful if the Government would ensure that full effect is given to the abovementioned provision of the Convention by supplementing the legislation with a provision empowering labour inspectors to take or remove for purposes of analysis samples of materials and substances used or handled at the workplace, subject to the employer or his representative being notified.

Article 12, paragraph 2. Notifying the presence of inspection staff. The Committee reminds the Government that, according to this provision, although inspectors are in theory required to notify their presence to employers or their representatives on the occasion of inspection visits, they should be allowed to refrain from such notification if they consider that it may be prejudicial to the performance of their duties. The Government is therefore once again requested to take measures to bring the legislation into conformity with the Convention on this point, to keep the Office informed, and to provide copies of any relevant texts.

Article 15(c). Confidentiality of the source of the complaint and any link between the complaint and the visit. According to this provision of the Convention, labour inspectors shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, and shall give no intimation to the employer or his representative that a visit was made in consequence of the complaint. However, the chapeau text of this Article provides for exceptions to be made by national laws or regulations. The main purpose of these provisions is to ensure that workers are protected from the risk of any reprisals by the employer should the labour inspectorate apply enforcement measures as a result of the complaint. A guarantee of confidentiality is essential to ensuring the necessary trust in relations between workers and labour inspectors. The Government is therefore asked once again to take steps to ensure that the legislation is supplemented to this end or at least that express and specific instructions on this point are given to officials responsible for inspection visits. The Committee would be grateful if the Government would keep the Office informed and asks it to provide any relevant texts.

Articles 20 and 21. Annual inspection report. The Committee notes that the Ministry of People’s Power for Work and Social Security has instructed the relevant bodies to compile statistics on the work of the inspectorate and its results, particularly its activities to combat child labour. According to the Government, this information is contained in the Ministry’s annual report and should have been sent to the Committee. The Committee observes that this is not the case. It urges the Government to ensure that an annual report on the work of the labour inspectorate is shortly published and sent to the Office by the central inspection authority and that it contains the requisite information on each of the subjects listed at Article 21. It hopes that the guidance given by Part VI of the Labour Inspection Recommendation, 1947 (No. 81), will be followed to the extent possible, in the interests of making the annual report a useful tool for evaluating and improving the operation of the labour inspectorate.