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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Further to its previous comments, the Committee once again notes with concern that the information sent by the Government is the same as that already received in April 2005 and 2006, and that the reports on the work of the inspectorate and the local inspection offices announced time and again in the Government’s reports as being attached have still not been sent. Consequently, while noting that between 2005 and 2009 the number of labour inspectors rose from 15 to 23, the Committee is bound to draw the Government’s attention once again to the commitments it made when it ratified the Convention, and accordingly to urge it to provide the Office with up to date information on the legislative and practical measures taken or envisaged to apply the Convention, and on any difficulties encountered.

Legislation. The Committee once again asks the Government to take steps for the adoption of texts giving effect to the provisions of the Labour Code on the powers and duties of labour inspectors and controllers and for the enactment of the draft decree issuing regulations governing labour inspectors and controllers to which the Government has been referring for many years. Please report any progress made in this regard.

Article 10 of the Convention. Increasing the numbers and qualifications of the labour inspectorate. The Committee requests the Government to specify the context in which the number of labour inspectors was increased and to indicate whether measures have been taken or are envisaged for the training of the staff of the inspectorate, either to update their skills or to give them further training to enable them to perform their duties effectively. Please describe any such measures and indicate their impact in terms of the achievement of the objectives of labour inspection.

Articles 11 and 16. Material resources and transport facilities made available to labour inspectors for the performance of their duties. Noting the information contained in an earlier report about possible financial support in the context of international cooperation, the Committee would be grateful if the Government would provide information on any developments in this matter in recent years and on any progress made in providing the labour inspection services with material resources for their work, particularly transport facilities, so that they are able to implement workplace inspection programmes. If the Government has been unable to obtain financial support, the Committee asks it to indicate the obstacles encountered and the measures envisaged for this purpose.

Articles 20 and 21. Publication and communication to the International Labour Office of an annual report on labour inspection activities. Further to its previous comments, the Committee once again urges the Government to take the necessary steps to ensure that the central labour inspection authority publishes and sends to the ILO an annual report, in accordance with these provisions of the Convention and with section 469 of the Labour Code, and to provide information in this respect.

While aware of the financial difficulties that are preventing the strict application of the relevant provisions of the Convention, the Committee requests the Government to provide all the information and documentation that is currently available on the legislation covered by the Convention (Articles 2, 3(1)(a) and 21(a)) and on the work of the inspectorate and the results achieved (Article 21(c)–(g)), to enable the Committee to assess the situation and provide useful recommendations for the progressive application of the requirements of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.