Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 81) sur l'inspection du travail, 1947 - Polynésie française

Autre commentaire sur C081

Observation

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Articles 3(2) and 5(a) of the Convention. Additional duties entrusted to controllers, and cooperation between the inspection services and other governmental services and public or private institutions. 1. Efforts to curb illegal employment. The Committee notes that, according to the Government, efforts to combat illegal employment are undertaken by a committee made up of the Deputy Public Prosecutor, the Labour Directorate, the Social Welfare Fund, the gendarmerie, the Public Safety Directorate, the border police and the tax authorities. The Government states that in 2011, attention was focused on the building and public works sector, hotels, cafes and restaurants, as well as on cleaning and security enterprises, and that out of 17 infraction reports on clandestine work, 12 were issued by the labour inspectorate and five by the gendarmerie.

The Committee reminds the Government that the cooperation referred to in Article 5(a) of the Convention is intended to strengthen measures to enforce the legal provisions relating to conditions of work and the protection of workers (Articles 2 and 3(1)). Referring to paragraphs 75 to 78 of its 2006 General Survey on labour inspection, the Committee points out that the function of verifying the legality of employment should have as it corollary the reinstatement of the statutory rights of all the workers concerned if it is to be compatible with the objective of protection afforded by the Labour Inspection. This objective can only be met if the workers covered are convinced that the primary task of the inspectorate is to enforce the legal provisions relating to conditions of work and protection of workers. The Committee requests the Government to take all the necessary measures, in law and in practice, to re-establish labour inspectors in their functions as defined by the Convention and to limit their involvement in joint inspection operations to an extent that is compatible with the objectives of the Convention. The Committee also requests the Government to supply information enabling it to assess the way in which foreign workers in an irregular situation are guaranteed the same protection provided by the labour inspectorate as other workers.

2. Additional functions entrusted to the labour inspectors. Settlement of labour disputes. The Committee notes that, in accordance with section 3 of Order No. 2385 CM of 23 December 2010, the Labour Directorate’s role includes promoting social dialogue and participating in the settlement of collective labour disputes. It also notes the information that territorial inspection units now take it in turn to settle individual labour disputes.

The Committee reminds the Government that, in accordance with Article 3(1) of the Convention, the main functions of labour inspectors are to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers, and to supply technical information and advice to employers and workers. It also recalls the guidelines contained in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), to the effect that “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee asks the Government to provide information on the time and resources of inspection services spent on conciliation in relation to their primary duties as defined in Article 3(1) of the Convention. The Committee hopes that the Government will take the necessary steps to ensure that, in accordance with Article 3(2) of the Convention, any duties entrusted to labour inspectors, outside their main duties, do not interfere with the effective discharge of these primary duties or prejudice in any way the authority necessary to inspectors in their relations with employers and workers. It asks the Government to provide any information concerning measures taken or envisaged in this respect in its next report.

The Committee is raising other points in a request addressed directly to the Government.