Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee takes notes of the Government’s report which was received on 16 October 2009. It also notes the adoption of Act No. 32 of 2008 amending the Employment Act (Cap. 91), which entered into force on 1 January 2009.

Articles 3(1)(a), 8 and 10 of the Convention. Labour inspection system and number of labour inspectors. Further to its previous request, the Committee notes the updated information provided by the Government showing the number of inspectors and highlighting activities both in the field of labour relations and occupational safety and health (OSH). In particular, it notes that the number of gazetted OSH inspectors increased from 148 to 160 (as at 2008). It also notes that the number of full-time employment inspectors is 18. In this connection, it recalls the Government’s indication in its previous report that the number of total gazetted employment inspection officers was 37, 14 of whom were deployed as full-time inspectors to the Standards Compliance Section (SCS) of the Labour Relations and Workplaces Division (LRWD). The Committee requests the Government to clarify the current total number of gazetted employment inspection officers and of those deployed to the SCS. It would also be grateful if the Government would continue to provide information on the number and distribution of inspection staff. In doing so, the Government is requested to disaggregate the number of inspectors by sex.

Article 3(1)(b). Preventive information and advisory activities of labour inspectors. The Committee notes the information provided by the Government on different educational activities and the availability of various guidelines, booklets, reports, good practices on the web site of the Ministry of Manpower, including, in particular, a guide relating to the changes made to the Employment Act. The Committee would appreciate if the Government would continue providing up to date information on activities relating to prevention and information for workers and employers.

Articles 3(1)(b) and 13. Technical information and advice. The Committee notes with interest the Government’s Business under Surveillance Programme (BUS), whose objective is to engage companies through systematic interventions so as to prevent accidents, occupational diseases and to improve the company’s health management and performance. The Committee requests the Government to provide particulars about the content of the BUS programme and results achieved during the period covered by the next report and the role of the labour inspections in its implementation in the field of OSH.

Article 12(1). Investigation powers and right of free access of labour inspectors to workplaces. The Committee notes that the revised Employment Act provides for additional powers of labour inspectors under sections 103(c) and (h) (requiring any persons to produce information, document or articles), and 103(g) (obtaining photographic and videographic evidence). However, the Committee also notes that section 103(1)(a) of the amended Act no longer specifically authorizes labour inspectors to enter and search premises without previous notice, as opposed to section 103(1) of the old Act. The Committee would be grateful if the Government would specify the provisions which give inspectors the power to carry out inspections without previous notice in conformity with Article 12(1)(a) and (b) of the Convention.

The Committee notes that section 103(1)(c) of the amended Employment Act provides that any inspecting officers has the power to require any person who the inspecting officer has reason to believe has any document, including, among others, documents of identity, to produce any such document and to answer questions. The Committee would be grateful if the Government would clarify the purpose of this provision in relation to the primary function of the labour inspectors which is the control of the application of the legal provisions on conditions of work and the protection of workers while engaged in their work.

The Committee also requests the Government to provide information on the application of section 103(1)(c) in practice, including statistical data on the number and nature of the actions taken by labour inspectors in case of irregular employment relationship found on the occasion of identity control.

Articles 10 and 16. Effectiveness of the labour inspection system. Inspections (conditions of employment and work, occupational safety and health). The Committee notes the statistical information provided by the Government concerning the number of inspections carried out, the number of employers liable to inspection, and the number of workers covered under the Workplace Safety and Health Act (Act No. 7 of 2006). In particular, the Committee notes that, in the field of labour relations, there were 108,279 employers as at 31 December 2008 and 243 and 420 inspections were conducted in 2007 and 2008, respectively. The Committee also notes the Government’s reference to the strategy of the SCS to focus its resources on specific sectors, such as security officers and cleaners, indicating that there are 1.5 inspectors per 10,000 employees in these sectors. Considering this in conjunction with the abovementioned number of full-time employment inspectors, the Committee is of the view that the inspection in the field of labour relations is understaffed, resulting in low number of inspections conducted. The Committee would be grateful if the Government would continue to provide up-to-date information on the working of the labour inspection systems both in the field of labour relations and OSH. In particular, recalling the provision of Article 16 of the Convention that workplaces must be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee asks the Government to explain how this Article of the Convention is given effect, particularly with respect to inspection in the field of labour relations.

Articles 17 and 18. Legal proceedings and penalties for violations. The Committee notes the information on sanctions applied under the Workplace Safety and Health Act. It also notes that the revised Employment Act increased the fines for obstructing labour inspections as well as penalties for the violation of provisions of the Act. The Committee would be grateful if the Government would continue to provide information on the number and nature of violations of the national legislation, especially the recently revised Employment Act. Referring also to its general observation of 2007, the Committee would be grateful if the Government would provide information on the number of proceedings instituted and penalties effectively enforced as well as any measures to strengthen the cooperation between the labour inspection system and the judicial authorities.

Articles 20 and 21. Annual reports by the central authority on the work of the inspection services. In the absence of a reply on this point raised in its last comments, the Committee reiterates its previous request for the Government to take the necessary steps to ensure that annual inspection reports deal with not only occupational safety and health, but all the areas covered by the labour inspection services.