Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the information supplied by the Government in its first report. It notes the adoption of new statutes for the labour inspectorate (Regulation No. 67 of 17 October 2007 of the Ministry of Social Affairs), which came into force on 1 February 2008. However, it notes that the Government refers, with regard to many provisions of the Convention, to the statutes of the inspectorate which have now been repealed. The Committee would therefore be grateful if the Government would supply up to date information in its next report on the following points in relation to the provisions in force.

Article 3, paragraph 2, of the Convention. Further duties entrusted to labour inspectors. The Government states in its report that the resolution of labour disputes, in accordance with the procedures laid down by the law, forms part of the duties entrusted to labour inspectors. The Committee would like to draw the Government’s attention to the need to ensure that these duties do not interfere with the effective discharge of their primary duties defined by Article 3, paragraph 1, of the Convention, particularly with regard to the additional workload that they entail and the duty of labour inspectors to show impartiality in their relations with employers and workers. With reference to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), which states that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes, the Committee invites the Government to take measures to ensure that labour inspectors are relieved of the task of resolving labour disputes so that they can devote themselves fully to their primary duties. It would be grateful if the Government would supply information on the progress made in this regard and, if appropriate, on any difficulties encountered.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes the Government’s indication to the effect that there is a long tradition of cooperation between the labour inspectorate and the main social partners. However, it notes that the Government deplores the fact that efforts by the labour inspectorate to collaborate with employers and workers appear to be hampered by the low level of participation by their organizations. The Committee draws the Government’s attention to the guidance given in Paragraphs 4–7 of Recommendation (No. 81), with regard to the types of collaboration that might occur between the labour inspectorate and the social partners in the area of occupational safety and health. It would be grateful if the Government would indicate whether measures have been taken or contemplated to encourage and facilitate such collaboration and, if so, to describe them and indicate recent examples of collaboration in practice (consultations, training, information seminars, etc.), supplying details of their implementation and their impact.

Article 6. Conditions of service of labour inspectors. The Committee notes the Government’s statement to the effect that low levels of remuneration for labour inspectors make it difficult to recruit young inspectors who are competent and qualified. The Committee requests the Government to supply information enabling a comparison of remuneration levels for labour inspectors in different grades, in relation to those for other public officials performing duties which entail comparable qualities, skills, complexity and degrees of responsibility (for example, tax inspectors, police inspectors or general inspectors in the civil service).

Articles 8 and 10. Number and composition of labour inspection staff. The Committee notes contradictory information in the Government’s reports relating to this Convention and Labour Inspection (Agriculture) Convention, 1969 (No. 129) with regard to the number and composition of inspection staff. The former refers to 36 male inspectors and 26 female inspectors while the latter indicates 62 male inspectors and 69 female inspectors. The Committee would be grateful if the Government would state the exact number of male inspectors and female inspectors in active service in relation to budget headings and also to indicate whether special functions are assigned to female inspectors.

Article 12, paragraphs 1 and 2. Right of inspectors to enter workplaces. Timing of inspection visits. Right to conduct investigations. Section 26(4)(5) of the Occupational Safety and Health Act of 1999 states that labour inspectors have the right to enter workplaces for the purpose of undertaking an inspection, in consultation with the employer, including, if necessary, without prior notice. According to the Government, the regulations on labour inspection describe the exercise of this right in further detail. The Committee would be grateful if the Government would send a copy of the relevant provisions, particularly as regards the periods during which inspectors may carry out their visits. It also requests the Government to supply details of the legislation relating to the various types of inspection visit (routine or follow-up visits, visits further to a complaint, etc.) and the inspection methods used.

Articles 17 and 18.  Prosecutions and penalties. The Committee requests the Government to supply available statistical information on prosecutions instituted by labour inspectors and the judicial outcome thereof, where applicable (number of cases brought before the courts, number of cases dealt with by tribunals, types of penalties imposed, areas of labour law concerned, etc.).

Articles 20 and 21. Annual report on the work of the labour inspection services. Functioning of the labour inspection system. The Government states that the labour inspectorate publishes an annual report on its work, containing in particular an analysis of the main causes of fatal industrial accidents and occupational diseases; information on the number of inspections undertaken and complaints dealt with, and also details of activities for monitoring the application of the legislation. The Committee requests the Government to ensure that this report contains the information listed in each of clauses (a) to (g) of Article 21 of the Convention and to send a copy to the Office on a regular basis, in accordance with Article 20, paragraph 3. In the meantime, so that it can evaluate the volume and nature of the prevention and monitoring work of the labour inspectorate, the Committee would be grateful if the Government would provide the ILO with all available data relating to the number of workplaces liable to inspection and the number of workers employed therein, the number of inspection visits, violations reported and penalties imposed, with respect to the different areas of the law concerned (occupational safety and health, working hours, wages, etc.).