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

The Committee takes due note of the Government’s detailed report received by the Office in September 2009, and the attached legislation. It would be grateful if the Government would supplement this legislative information by providing with its next report of information and documentation illustrating the application of the Convention in practice.

Article 7 of the Convention. Extension of the functions of the system of labour administration to workers who are not employed persons. The Committee notes that, according to the Government, the members of cooperatives and self-managed enterprises, as well as persons working in systems established by custom and community traditions, are covered by the system of labour administration with the exception, for the latter category, of persons engaged in the informal economy. The Committee would be grateful if the Government would provide details on the legal provisions and practice in relation to the services provided by the labour administration for the above categories of persons.

Article 9. Means of ascertaining the discharge of labour administration functions that are delegated. The Committee once again requests the Government to indicate the manner in which it is ensured that parastatal agencies and regional and local agencies responsible for certain activities in the field of labour administration operate in accordance with national laws and regulations and adhere to the objectives assigned to them.

Part III of the report form. Noting that, according to the Government, no court rulings involving questions of principle relating to the application of the Convention have been handed down, the Committee wishes to emphasize that any court decision handed down by administrative or social jurisdictions, particularly in relation to industrial relations, freedom of association, compensation for injury caused by occupational accidents or diseases, as well as any decision to convict or release the author of a violation of the legislation liable to supervision by the labour inspectorate, are among the decisions covered by this request in the report form. The Government is therefore requested to indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, to provide copies of such decisions.

Part IV. The Government is requested to provide any general information considered useful on the manner in which the Convention is applied and to supply extracts of any reports or other periodic information provided by the principal institutions of the labour administration referred to in the report as indicated in Paragraph 20 of Recommendation No. 158.

Part V. The Committee would be grateful if the Government would indicate any assistance or advice provided by the ILO in the context of a technical cooperation project implemented during the period covered by the report and the measures taken as a result affecting the organization and functioning of the labour administration, as well as any factors which may have prevented or delayed the adoption of such measures.

Part VI. Finally, the Committee would be grateful if the Government would provide any observations received from the organizations of employers or workers concerning the content of any of its reports on the present Convention relating to the practical application of the provisions of the Convention or the application of the legislation or other measures implementing the Convention. If so, please indicate to the ILO any comments considered useful.