Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 81) sur l'inspection du travail, 1947 - Irlande (Ratification: 1951)

Autre commentaire sur C081

Observation

Demande directe

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Articles 1, 3(1)(a), 4 and 5(a) of the Convention. System of labour inspection, its functions, supervision and control by a central authority. Effective cooperation between inspection services. The Committee notes from the Government’s report, that as of 2008, a new inspection body, the National Employment Rights Authority (NERA), coming as an office under the Department of Jobs, Enterprise and Innovation, became operational. It observes moreover that it includes headquarters in Carlow and regional labour inspection offices in Cork, Dublin, Shannon and Sligo and that it is entrusted with the enforcement of employment rights and the protection of young workers’ employment in particular. It notes in this regard the list with legislative pieces provided that is hence enforced by NERA, such as on working time, leave, wages pay and minimum wages and employment permits. It observes that, hence, the Irish labour inspection system entails two major inspection bodies, namely the Health and Safety Authority (HSA), which enforces occupational safety and health related legislation, and NERA, which enforces legislation in relation to general working conditions. The Committee recalls that attaching the labour inspectorate to a central authority facilitates the establishment and the application of a single policy throughout the territory covered, and makes it possible to use available resources in a rational way (General Survey on labour inspection, 2006, paragraph 140). Moreover the designation of a central authority ensures that the activities of the authorities placed under its control are coordinated with a view to achieving a clearly defined objective (ibid., paragraph 150), and cooperation between different departments should be encouraged by the central authority, in case labour inspection responsibilities are shared between different departments (ibid., paragraph 152). While the Committee notes from the Government’s report and NERA’s website that there are joint investigation activities and exchange of information between NERA, the Revenue Commissioners and the Department of Social Protection, and a Joint Inspection Unit which was set up with these services, it observes that no indications are made which hint to a collaboration with the HSA.

The Committee would be grateful if the Government could indicate under which central authority and in which manner inspection activities of the HSA and NERA are coordinated, and the forms of collaboration, if any , that take place between the inspection services of NERA and the HSA.

The Committee asks the Government to provide more information on the number of inspections carried out in collaboration with the Department of Social Protection and the Revenue Commissioner, the way of operation of the Joint Investigation Unit, its composition and impact.

Article 3(1)(b). Advisory services by labour inspectors. The Committee notes with interest the extensive documentation which is made available on the public website of NERA, informing employers and workers about labour rights and employers’ obligations, in addition to procedures followed by NERA in case of detection of labour law infringements and inspections. Moreover, it notes from the Government’s report that information on employment rights is also provided via telephone call centres, and upon email enquiry, and that information material is even made available in different EU languages, so that migrant workers from other EU countries could become aware of their rights. It also notes that NERA publishes a quarterly newsletter, informing on inspection activities carried out and on news in the field of labour laws. The Committee would be grateful if the Government could provide, in its next report, information on the impact of those information measures on labour law compliance.

Article 3(2). Additional duties entrusted to labour inspectors. The Committee notes from the Government’s report and the website of the Department of Jobs, Enterprises and Innovation that NERA ensures compliance with the Employment Permits Act as part of their workplace inspections, and that labour inspectors receive continuous training in this field. Moreover, it notes from the Government’s report and NERA’s website that an important focus is set on cooperation with the Department of Social Protection, which administers social security laws, and with the Revenue Commissioner, as part of the tax administration. The Committee recalls that labour inspection systems should perform labour inspection functions with the main objective of enforcing the legal provision relating to conditions of work and the protection of workers, and that concerning illegal employment, neither ILO Convention No. 81 nor ILO Convention No. 129 provided for that any worker be excluded from the protection afforded by labour inspectors on account of their irregular employment status (General Survey on labour inspection, 2006, paragraphs 76–77).

The Committee, moreover, observes that NERA monitors employment agencies and issues licences for employment agencies (section 9, Employment Agencies Act 1971).

The Committee would be grateful if the Government could elaborate on the role of NERA in the control of work performed without work permits, and also indicate the measures taken to ensure the protection of workers who appeared to have performed non-declared work.

Recalling that any further duties which may be entrusted to labour inspectors may not be such as to interfere with the effective discharge of their primary duties, the Committee wishes to receive more information on the manner and extent of the control obligations performed vis-à-vis employment agencies.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes with interest from NERA’s website that NERA is assisted by a tripartite advisory board that includes an equal number of representatives from the Government and social partners and that advises NERA on compliance and enforcement issues and that participates in NERA’s work programme and strategy management and consults on possible research and survey prospects.

The Committee asks the Government to provide information on the impact and operation of the tripartite board in practice, including on topics discussed and frequency of meetings held.

Article 16. Thorough inspection of workplaces. The Committee notes from NERA’s website that an inspection guideline is made available to employers, which contains a checklist to perform a rough self-control to be ready for inspection visits. It also observes the indication contained in the guideline that employers would, in general, get advance notice of inspections. Moreover, it notes from the Government’s report, that inspections are conducted following complaints, in sectors identified as non-compliance risk areas, and as routine inspections.

The Committee would be grateful if the Government could indicate in which cases it conducts unannounced visits, and the share of those in relation to the overall number of inspections. It also requests the Government to elaborate the elements which are taken into account when identifying a high risk for non compliance in a specific sector.

Articles 10 and 16. Sufficient number of labour inspectors. The Committee notes from the table in the Government’s report, which displays the overall number of labour inspectors in NERA broken down by regional office, that there appear to be openings for inspectors with specific language skills, which are yet to be filled. The Committee also notes from the quarterly newsletter, which is made available on NERA’s website, that at the end of 2009, NERA had 119 staff members by comparison with 132 at the end of 2008. By the end of 2010, there was a further reduction to 108 staff members, and an even further decrease in staff is indicated in the Government’s report. It also notes from the review of 2010, which is available on NERA’s website, that in 2010, 7,164 inspections were conducted compared with 8,859 in 2009, which is said to be attributable to a reduction in the number of inspectors, and 5,591 inspection visits were paid in 2011.

The Committee would be grateful if the Government could provide information on the posts of labour inspectors with specific languages skills, and clarify when these positions would be filled.

The Committee asks the Government to indicate the reasons for the continuous reduction of staff within NERA.

Articles 17 and 18. Prosecutions and deterrence of sanctions. The Committee notes from the information provided on NERA’s website, that cases of breaches of the Protection of Young Persons (Employment) Act 1996 are referred to the Chief State Solicitors office with a view to initiating a prosecution in courts. Moreover, it notes that NERA seeks compliance with legislation, which also includes redress and payment of any arrears due, for instance in case of underpayment of statutory minimum rates of pay. The Committee notes from the report in this regard, that the primary focus is to seek compliance and rectification of any contraventions rather than initiating legal proceedings, and that in the majority of cases employers were extremely cooperative in relation to rectifying contraventions of employment laws. It notes further from the quarterly newsletter 1 of 2012, and from the review for the year 2011, that in 2011, only 1 per cent of the 5,591 inspections undertaken ended in legal proceedings, while the compliance rate remained below 60 per cent in all sectors. It also notes that even the number of inspections was significantly lower in 2011 compared to 2010, the amount of unpaid wages recovered was significantly higher (€1,905,262 in 2011 compared to €1,249,755 in 2010).

The Committee would be grateful if the Government could indicate the reason for the low level of prosecution, and provide information on the strategies taken to avoid recidivism and improve compliance with labour legislation.

The Committee notes from the NERA newsletter, that a reform of employment rights bodies is being undertaken, creating a two tier system by merging the activities of NERA, the Labour Relations Commission, the Equality Tribunal and the first instance functions of the Employment Appeals Tribunal and Labour Court into a new Body of First Instance named Workplace Relations Commission. It is also indicated that NERA is at the forefront of these reforms, providing resources to ensure the operation of the Workplace Relations Customer Service as well as providing staff to the Early Resolution Service and Workplace Relations Project Office. It observes that the new structures will be established from the end of 2012 onwards, under the proposed Workplace Relations Bill.

The Committee asks the Government to keep the Office informed of any development and the implication of NERA in the reform and to submit a copy of the relevant legislation, once adopted. It also asks the Government to clarify the role of NERA within the described reform, including its possible role within the pilot Early Resolution Service.

Articles 20 and 21. Annual labour inspection reports. The Committee notes that a consolidated labour inspection report, which integrates inspection data from both inspection branches, the HSA and NERA, was not received. With reference to its general observation of 2010 the Committee recalls that when well prepared, the annual reports offer an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection service and, subsequently, the determination of the means necessary to improve their effectiveness.

The Committee requests the Government to take all necessary measures for the elaboration and publication by the central labour inspection authority of a consolidated annual report that contains all the information required under Article 21 of the Convention and to keep the Office informed of progress made in this regard.