Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes with interest the Government’s report received at the ILO on 29 September 2008, and its commitment to fulfilling its obligations arising from the Convention. It notes that the adoption of the Labour Code, the draft of which has been submitted to the ILO, will constitute the first step in this direction. Taking account of the Government’s request regarding the necessary period of time for bringing the Code into line with the Convention in consultation with the partners concerned, the Committee would already like to draw the Government’s attention to the following points.

Articles 2, 10 and 16 of the Convention. Scope, means and coverage of the labour inspection system. The Committee notes the Government’s information to the effect that all workplaces, without exception, are liable to inspection. It must emphasize that it is essential, so that the inspection services can fulfil their vital socio-economic mission assigned to them under the Convention, that a register of industrial and commercial workplaces employing wage workers is established and kept up to date. Thus, the numbers of inspection staff and also the material resources and means of transport necessary for ensuring progressive coverage can be determined and relevant budgetary estimates can be made. The Committee therefore requests the Government to take the necessary steps to establish and keep up to date a register of industrial and commercial workplaces liable to inspection, including information on their geographical distribution, the number of men and women workers employed therein, and also the activities carried out therein. The Committee would be grateful if the Government would keep the ILO informed of all progress made in this respect.

Article 3. Functions of the labour inspection system. According to the Government, some labour inspectors only perform inspection duties while others are assigned to different tasks. The Committee reminds the Government that, under the terms of Article 3(1) of the Convention, the functions of the labour inspection system are: (a) to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work; (b) to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions; and (c) to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. The Committee would be grateful if the Government would state the number of men and women labour inspectors discharging these duties and also their geographical distribution, by grade and category.

Article 5(a). Cooperation between the labour inspectorate and other public bodies. According to the Government, cooperation between the labour inspectorate and other bodies performing similar tasks takes place in cases involving industrial accidents and cases where workers are exposed to occupational risks and require medical examinations. The Committee would be grateful if the Government would supply details on the working of such cooperation, illustrated if possible with practical examples.

Articles 5(b) and 12. Cooperation between the labour inspectorate and employers’ and workers’ organizations. According to the Government, there is ongoing cooperation between the labour inspectorate and employers’ and workers’ organizations through tripartite inspection committees. The Committee notes under section 6 in the report that inspection committees each comprise an official from the Ministry of Labour, whose sole responsibility is for inspection, and a representative of each employers’ and workers’ organization. According to section 116(2) of the Labour Code in force, the labour inspector may nevertheless, as chairperson of the inspection committee, be authorized to conduct an inspection alone in case of need or urgency, once authorization from his immediate superior has been obtained. The inspector must then contact the other two members of the committee as soon as possible, in order to enable them to participate in inspection operations. The Committee hopes that the Government will take the necessary steps to ensure that, in accordance with Article 12(1)(a) of the Convention, labour inspectors are empowered to enter freely, that is without being obliged to obtain specific prior permission from the higher authority, any workplace liable to inspection. It also requests the Government to ensure that the other powers of investigation and inspection conferred on inspection committees pursuant to section 117(1)(c)–(f) and (2)(d) of the Labour Code are also conferred on every labour inspector in accordance with the terms of the Convention.

The Committee also requests the Government to take steps to ensure that the legislation is revised in such a way that, in accordance with the provisions of Article 12(1)(c)(i) of the Convention, labour inspectors are in any case authorized to interrogate, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters concerning the application of the legal provisions.

Articles 6 and 7. Status, qualifications and training of labour inspection staff. The Committee notes the Government’s information to the effect that inspectors must be qualified in administration and may only be appointed if they hold a diploma in secondary education and have completed a course of training. The Committee notes that this level of education is lower than the university level required by section 119 of the Labour Code. It recalls that, according to Article 6 of the Convention, the inspection staff must be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. According to Article 7, the means of ascertaining such qualifications must be determined by the competent authority (paragraph 2), and labour inspectors must be adequately trained for the performance of their duties. The Committee would be grateful if the Government would indicate whether labour inspectors are public officials and state their level of remuneration in comparison with that of other officials with similar responsibilities.

It also requests the Government to indicate whether steps have been taken to ensure that men and women candidates for the profession of inspector possess, apart from the requisite level of education, the particular aptitudes, especially in psychological and technical terms, necessary for the performance of their diverse and complex tasks. If so, the Government is requested to indicate what measures have been taken.

Article 11. Transport and other facilities necessary for the performance of inspection duties. The Government indicates that the competent authority covers all costs and expenses and provides the necessary means of transport for the performance of inspection duties. The Committee requests the Government to supply copies of any text governing the coverage of such costs and expenses and describe the procedure to be followed by inspectors to obtain the facilities and allowances necessary for their professional travel and also, if applicable, the reimbursement of any expenses that they incur. The Government is also requested to indicate the distribution of vehicles made available to labour inspectors for their inspection visits and to describe the procedure for obtaining a vehicle to this end.

Articles 13 and 17. Power of labour inspectors to issue orders to eliminate risks to workers’ safety and health and power to prosecute persons committing violations. Under Article 13 of the Convention, the Government seems to refer in its report to section 120 of the Labour Code, under the terms of which the inspection committee submits to the Labour Department and the trade union federation a report containing its observations and recommendations regarding possible prosecution of anyone responsible for violating the legislation. The Committee reminds the Government that Article 13 of the Convention aims to empower inspectors to make or to have made orders to remove a risk to the health or safety of the workers, such measures not being intended as a penalty but to fulfil a preventive role. This provision should be distinguished from Article 17, which defines the various means of action at the disposal of inspectors to ensure the application of the legal provisions relating to conditions of work in general (occupational safety and health but also hours of work, pay, weekly rest, holidays, etc.). According to Article 17, labour inspectors should have the discretion to decide, according to the nature and seriousness of the violation, or the general attitude of the employer with regard to his obligations, whether or not to give warning and advice instead of instituting or recommending proceedings. Drawing the Government’s attention to the relevant parts of the General Survey of 2006 on labour inspection (paragraphs 105–117, as regards the powers of injunction provided for by Article 13, and paragraphs 279–302, as regards the means of action provided for by Article 17), the Committee requests the Government to provide precise information on the manner in which effect is given or planned to be given to each of the provisions of these Articles of the Convention.

Articles 19, 20 and 21. Labour inspection reports. According to the Government, a quarterly report drawn up on the basis of inspection reports and containing recommendations is submitted to the competent authority, with a copy sent to the trade union federation. The Committee requests the Government to send copies of the quarterly reports relating to the period covered by its next report and to take steps to ensure that, in the very near future, an annual report as prescribed by Articles 20 and 21 is published and a copy sent to the ILO. It requests the Government to inform the ILO of all progress made in this respect.