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

The Committee notes with interest the Government’s detailed report as well as the half-yearly inspection report published in December 2009 which completes the report covering the period from January to June of the same year.

Articles 5 and 9 of the Convention. Cooperation between the inspection services and other government services and collaboration with employers and workers. The Committee notes with interest the information provided concerning a number of instructions essentially designed, according to the Government, to increase the effectiveness of the technical assistance given to the social partners, strengthen social dialogue at the local level, encourage effective practices and raise awareness of those practices and establish structures relating to the prevention of occupational hazards by promoting the widespread use of new technological communication processes to disseminate information relating to conditions of work and employment, strengthening the monitoring of illegal employment practices and working conditions and coordinating efforts to combat and prevent child labour with other ministerial departments. The Committee would be grateful if the Government would provide a copy of the above instructions in its next report and indicate the measures actually implemented to give effect to those instructions in practice. It requests the Government to inform the ILO of the results achieved by means of institutional collaboration and collaboration with the social partners in the specific areas of the prevention of occupational hazards, illegal practices relating to working conditions and child labour.

Article 7. Training of labour inspectors. The Committee notes with interest that the training of labour inspectors has continued and has covered investigation and survey methods, methods of analysing occupational hazards and their prevention, and information technology. According to the Government, the training provided has improved the level of technical knowledge of inspection staff and increased the effectiveness of their work. The Committee would be grateful if the Government would continue providing detailed information on the training provided for inspection staff and its impact on inspection activities and their results.

Articles 8, 10 and 16. Number of labour inspectors. Inspections carried out. The Committee notes that while the number of public servants providing administrative support for labour inspectors was increased significantly during the period covered by the Government’s report (83 new members of staff), the number of labour inspectors of all grades fell from 900 to 874. Furthermore, the number of inspectors working in the field fell from 697 to 659. According to the Government, this continuous fall in the number of inspectors over several years is the result of staff retiring or being promoted. It considers the ratio of one inspector for every 9,000 workers to be satisfactory and as a result, has not announced any measures to halt this trend. Furthermore, it indicates that each inspection section operates with two inspectors.

The Committee further notes that women account for only one tenth of the number of inspection staff (91 out of 874) and that this proportion should be increased by means of recruitment programmes. However, the Government does not provide details of the measures implemented to that end.

With regard to the inspections carried out by labour inspectors, the Committee notes with interest that the number of inspections carried out rose from 108,372 in 2008 to 126,326 in 2009, representing an increase of 16.56 per cent. In this regard, it notes with interest the implementation in practice of the instructions laying down how often inspections of enterprises should be carried out: at least twice a year for workplaces in which workers are most exposed to occupational hazards, enterprises included in the chart for the prevention of collective disputes and small and medium-sized enterprises, and at least once a year for workplaces in which workers are not exposed to major safety and health risks. However, given that the total number of workplaces liable to inspection is not available, it is virtually impossible to assess the rate of coverage of the labour inspectorate. It once again reminds the Government of the importance of ensuring the availability of such information not only for that purpose but also to enable the central authority to give sufficient grounds in requests for budgetary allocations with a view to ensuring optimum coverage with regard to labour inspections.

The Committee requests the Government to ensure that, in future, the report on the work of the labour inspectorate contains figures relating to the workplaces liable to inspection, as well as the number of workers employed therein, and to indicate in its next report the manner in which it is ensured that the annual objectives relating to the minimum number of inspections of workplaces liable to inspection are achieved. The Committee requests the Government to indicate the measures envisaged or taken to compensate for separations from service due to retirement or personal promotion so that the number of inspectors in the field remains sufficient in relation to the number of workplaces to be covered and the complexity of labour inspection duties, to increase the number of female inspectors taking into account the composition of the workforce and to keep the ILO informed of the results achieved.

Article 11. Material means available to labour inspectors. The Committee notes that five new wilaya labour inspection headquarters have been completed in the context of the project to build 43 regional and wilaya inspection headquarters during the period 2005–08 (Skikda, El Tarf, Béchar, Souk Ahras and Tlemcen) and that 21 additional headquarters are in the process of being built. It also notes that new vehicles have been acquired since the Government’s last report on the application of the Convention and that a fleet of 131 vehicles is now available to labour inspectors. The Committee notes with interest this information which shows the Government’s efforts to improve the means of action of the labour inspectorate and would be grateful if the Government would continue keeping the Office informed of any developments in this regard.

Articles 14 and 21(g). Industrial accidents and occupational diseases. The Committee notes that, under section 13(c) of Act No. 83-13 of 2 July 1983, any industrial accident shall be reported by the social security body to the labour inspector covering the enterprise concerned. According to the Government, in the event of a serious industrial accident, the labour inspection services carry out thorough investigations based on a standardized framework.

With regard to occupational diseases, under section 71 of the same Act, a copy of the document reporting the case shall be transmitted to the labour inspectorate. The Government adds that, in general, the labour inspectorate receives information on industrial accidents and cases of occupational disease by means of investigations carried out by the employer, workers, the prevention body or by the services of the National Social Insurance Fund for Salaried Employees. However, the Committee notes that the reports on the work of the labour inspectorate do not contain relevant information. The Committee requests the Government to provide information on the methods actually used to provide the labour inspectorate with information relating to industrial accidents and cases of occupational disease, as well as a copy of any relevant document, such as the text implementing sections 68 and 69 of Act No. 83-13 of 2 July 1983, instructions, report forms, etc. It would be grateful if the Government would also provide information on the role of labour inspectors in the context of the investigations carried out following serious industrial accidents, as well as the measures to be taken to avoid the occurrence of new accidents or cases of occupational disease.

Articles 5(a), 13, 17, 18 and 21(e). Action taken in response to reports of violations or occupational safety and health risks. Cooperation with judicial bodies. The Committee notes the general information contained in the reports of the labour inspectorate concerning its activities (routine, special and follow-up inspections) and the measures taken by labour inspectors (written comments, formal warnings and reports of violations). In its previous comments, it requested the Government to provide a copy of any court decisions handed down concerning violations reported by the labour inspectorate and to indicate the measures taken or envisaged to develop effective cooperation between the labour inspection services and the judicial bodies. It notes that in 2009, inspectors issued 57,666 formal warnings, 37,782 reports of violations and 14,796 written comments and that the actions mainly concerned the failure to declare the employment of workers and occupational safety and health. However, no information is provided concerning the action taken by the courts in order to follow up on the reports of violations issued during the periods covered by the previous government reports or concerning any measures taken to promote effective cooperation between the labour inspectorate and the judicial bodies. In this regard, the Committee refers to its general observation of 2007 and requests the Government to take measures to promote effective cooperation between the labour inspectorate and the judicial bodies and to ensure that, in future, the report on the work of the labour inspectorate contains the most detailed information possible concerning the violations noted by labour inspectors during their inspections, as well as the administrative measures (cessation of work, for example), administrative fines and judicial decisions handed down against those responsible for violating the legal provisions on working conditions and the protection of workers.

Article 21. Content of annual reports. Noting the efforts made by the central labour inspection authority to publish and transmit to the ILO half-yearly reports on inspection activities, the Committee draws its attention to the guidance provided in paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), concerning the ideal level of detail for the information which should be included in the annual inspection report. It emphasizes the importance of this report as a tool for evaluating the operation of the labour inspectorate and determining measures to ensure its gradual improvement. The presentation of the information required is not an end in itself. It should be processed and analysed by the central labour inspection authority with a view to achieving the socio-economic objective inherent in the eminently important function of the labour inspectorate. The Committee would be grateful if the Government would take measures to give full effect to the provisions of Articles 20 and 21 of the Convention, so that the annual report on the work of the labour inspectorate constitutes, each year, a reliable basis for assessing the budgetary resources required to improve its operation.

Labour inspection and child labour. Referring to its previous comments, the Committee notes that the Government has not provided the information required on inspection activities in the area of combating child labour. The Committee once again requests the Government to provide information on the measures taken by the labour inspectorate to enforce the legislation relating to child labour and, if necessary, punish those responsible, as well as on the impact of these measures on developments relating to the phenomenon.