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

Convention (n° 81) sur l'inspection du travail, 1947 - Seychelles (Ratification: 2005)

Autre commentaire sur C081

Demande directe

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Article 3 of the Convention. Functions of the labour inspection system. The Committee notes that, according to the Government, since 2009, a unit responsible for controlling and conducting inspection on radiation safety and security has been established within the labour monitoring and compliance section. The Committee once again requests the Government to clarify whether the members of this unit are labour inspectors or other officials.

Article 7(1) and (2). Recruitment of labour inspectors. The Committee notes that, according to the Government, the posts of labour inspectors are advertised in the national newspaper and candidates are called for interview. The Government adds that the criteria used are in line with the scheme of service, specifying the requirements of certificate to master degree in labour studies, or industrial relations, or human resources, or occupational safety and health. The Government also indicates that “non-delegated cases” are forwarded to the Department of Public Administration for approval, while “delegated cases” are approved internally. The Committee requests the Government to provide a definition of and further information about “delegated cases” and “non-delegated cases”.

Articles 10 and 11. Resources of the labour inspection system. The Committee notes the information from the Government’s report that, between 2011 and 2013, the number of labour inspectors and inspection visits increased, but the labour inspectorate still needs more human resources. The Government also indicates that the Labour Department provides all inspectors with a SIM card for official calls, that a government vehicle is made available for inspection visits, and that workplaces are listed and priorities are set in order to ensure that they are inspected as often and as thoroughly as necessary. The Committee also notes that, according to the Government, on the basis of its needs and new anticipated projects, the labour monitoring and compliance section proposed an annual budget which is approximately one seventeenth of the Ministry’s annual recurrent budget. The Committee invites the Government to provide further information on measures envisaged or taken to ensure that the labour inspection system is provided with the human and material resources necessary to secure the effective discharge of its duties.

Articles 12(1)(c), (i) and 15(c). Power of labour inspectors to interrogate workers and the employer, and confidentiality of the source of any complaint. The Committee notes that, according to the Government, section 75(1)(d) of the Employment Act does not restrict the power of labour inspectors to freely interrogate workers established in Article 12(1)(c), (i) of the Convention. The Government also indicates that section 75(1)(d) complements section 75(1)(b) by allowing the employer and the labour inspector to agree on a moment in which the worker will be made available for interrogation, thereby preventing the employer from using the unavailability of the worker as an excuse to avoid his or her interrogation by labour inspectors. The Committee notes that the Government proposes to specify that the offence referenced in section 76(2)(o) is an offence under section 75(1)(d), and to introduce a subparagraph (p) in section 76(2) to make an offence “any attempt by the employer to prevent a worker from being interrogated freely by a competent officer under section 75(1)(b).”

Referring to paragraph 263 of the 2006 General Survey on labour inspection, the Committee reminds the Government that the power of labour inspectors provided with proper credentials to enter freely any workplaces liable to inspection and to interrogate the employer or the staff of the undertaking without previous notice, is necessary, inter alia, to enable inspectors to observe the confidentiality required by Article 15(c) as regards the purpose of the inspection if it is carried out in response to a complaint. The Committee therefore requests the Government to take the necessary measures, in law and in practice, to ensure that, as required by Article 12(1)(c), (i) of the Convention, labour inspectors may interrogate workers freely without having to request the employer to make them available. It also once again requests the Government to provide information on the manner in which it ensures the application, in law and in practice, of Article 15(c) of the Convention.

Article 13(2). Measures to remedy defects and power of injunction. The Committee notes with interest the information from the Government’s report concerning the activities of the labour inspectorate on prevention and enforcement in relation to occupational safety and health. The Committee notes that, according to the Government, the timeframes within which the employer is given letters of instructions for noncompliance with the Employment Act and with the Occupational Health and Safety Laws are 14 and 21 days, respectively. The Government also indicates that the first reminder gives the employer another seven days and the second and final reminder gives the employer 24 hours to comply, failing which: (s)he is prosecuted before the Employment Tribunal for failure to comply. Noting that the Government did not provide any information on the power of injunction of labour inspectors, the Committee once again requests the Government to provide information on the number of measures with immediate executory force issued by labour inspectors during the reporting period.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes the information from the Government’s report that the Ministry of Labour and Human Resources Development’s recording system on occupational accidents and diseases is not in line with the requirements of the ILO’s recording system. The Committee particularly notes that the Government expressed the hope to receive ILO technical assistance to better align the Ministry’s recording system on occupational accidents and diseases with the ILO’s requirements. The Committee invites the Government to submit a formal request for technical assistance from the Office in this respect.

Articles 20 and 21. Publication and content of the annual report. The Committee welcomes the information provided by the Government that a database has been established within the labour monitoring and compliance section for internal use to better manage all information relating to inspection, such as occupational accidents, types and number of inspection visits conducted during the year. The Committee however notes that the Government’s report and the extracts from the annual report of 2011 do not provide up-to-date statistical information on all the items listed in Article 21 of the Convention. The Committee recalls that, as it stated in its 2010 general observation, when well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. The Committee therefore once again requests the Government to provide a copy of the annual report containing all the information required in Article 21(a)–(g). It reminds the Government of the guidance to be found in Part IV of Recommendation No. 81 as to how the information required by Article 21 might be presented.