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

Convention (n° 81) sur l'inspection du travail, 1947 - Algérie (Ratification: 1962)

Autre commentaire sur C081

Observation

Demande directe

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Articles 5(a) and (b) and 9 of the Convention. Cooperation between the inspection services and other government services and collaboration with employers and workers. The Committee notes that the Government has not sent any replies to its requests made in 2010 and 2011 under the abovementioned Articles concerning a number of labour inspectorate instructions referred to by the Government in its report. These instructions were designed, inter alia, to strengthen social dialogue at the local level, increase technical assistance to the social partners and raise awareness, establish structures relating to the prevention of occupational hazards, reinforcing the monitoring of conditions of work, and coordinating efforts with other ministerial departments to combat child labour. The Committee therefore again requests the Government to provide a copy of the instructions referred to in its report received in March 2010 if possible, in one of the working languages of the ILO and indicate the measures actually implemented to give effect to those instructions in practice. It also requests the Government to inform the Office 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 and monitoring of conditions of work, including for child labour.

Articles 6 and 7. Conditions of service and training of labour inspectors. The Committee notes the entry into force of new special regulations governing the employment of labour inspectors, established by Executive Decree No. 11-261 of July 2011, repealing and replacing the former special regulations for labour inspectors (Executive Decree No. 91-44 of February 1991). Moreover, the Committee notes with interest that an allowance scheme applicable to labour inspectors was established by Executive Decree No. 11-307 of 25 August 2011 in the context of measures taken to improve their conditions of work. The new scheme includes a performance bonus, an inspection and monitoring allowance and a judicial duty allowance.

The Committee further notes the Government’s indications concerning the various training sessions provided for labour inspectors, both new recruits and serving inspectors, during 2010, 2011 and 2012, both at national level and at the ILO International Training Centre in Turin (Italy). The Committee notes in particular that in 2012 training was given in Algeria, in the context of cooperation with the Arab Labour Organization in Tunis, for 30 labour inspectors, relating to inspection techniques for the promotion of decent work. The Committee requests the Government to continue providing detailed information on training activities for inspection staff and to indicate their impact on inspection work and their results.

Articles 10, 11 and 16. Human and material resources of the labour inspectorate. Frequency of inspections. The Committee notes the Government’s indications that an increase of more than 120 per cent in the labour inspection budget between 2000 and 2012 has made for an improvement in the conditions of work of labour inspectors. It notes with interest that 43 new labour inspection branches have been completed in recent years as part of a project for the construction of wilaya (provincial) inspection headquarters. It also notes that the labour inspection services now have 138 vehicles for the performance of their duties, including off-road vehicles for the south of the country, and that it is planned to purchase another 16 off-road vehicles in 2013.

The Committee further notes that, since 2012, labour inspectors have been required to conduct at least 27 inspections per month. It notes with interest that inspections performed by the labour inspectorate increased considerably from 132,024 in 2011 to 191,235 in 2012, and start from 70,386 to 191,235 between 2003 and 2012. The Committee notes that the number of labour inspection staff rose from 689 in 2010 to 749 in 2012. Welcoming the progress made regarding the conditions of work of labour inspectors, the Committee requests the Government to continue providing information on any new developments in this regard. It requests the Government to provide a detailed description of the material resources made available in the inspection branches (offices, telephones, computers, Internet connections, photocopiers, measuring instruments, etc.), including transport facilities.

It also requests the Government to provide information on the number and geographical distribution of serving inspectors in relation to the number and situation of workplaces liable to inspection and the number of workers employed in them.

Articles 5(a), 20 and 21. Publication, communication and content of annual labour inspection reports. The Committee notes that some statistical information (number of labour inspectors, number of inspections, number of decisions taken by labour inspectors) appears in the Government’s report but observes that no annual labour inspection report has been received at the ILO. While noting that some statistics on the work of the labour inspectorate are sent regularly to the Office in the six-monthly inspection bulletins (the last of these was published in June 2010), it observes that these reports do not contain full information on all the matters listed in Article 21(a)–(g) and in particular that the total number of workplaces liable to inspection is still unavailable, which makes it impossible to assess the rate of coverage by the labour inspectorate. The Committee recalls once again, as it indicated in its general observation of 2010, that the annual report on the work of the labour inspectorate constitutes an indispensable basis for evaluating the results of its activities and the budgetary resources necessary to gradually improve its effectiveness. The Committee also recalls that it emphasized in its general observation of 2009 the essential character of the availability of a register of workplaces liable to inspection which is regularly updated with a view to the evaluation of the rate of coverage by the labour inspection system in relation to requirements, and the need, accordingly, to promote effective cooperation with other government bodies and public and private institutions that possess relevant data. The Committee again requests the Government to take measures, if necessary with technical assistance from the Office, to ensure that annual inspection reports are sent to the ILO, within the time frame stipulated in Article 20 of the Convention, and that they contain the information specified in Article 21(a)–(g). The Committee therefore particularly requests the Government to indicate whether steps have been taken with a view to establishing an (electronic) register of workplaces by sector of activity.

The Government is requested, in any case, to include as detailed information as possible in its next report on: the number of workplaces liable to inspection and the number of workers employed in them; the number of labour inspectors and controllers; the number of inspection visits conducted and their results (number of violations reported, legal or regulatory provisions concerned, administrative measures taken, and penalties imposed); and also statistics relating to occupational accidents and cases of occupational disease.

Articles 14 and 21(g). Occupational accidents and cases of occupational disease. Noting the lack of statistics relating to occupational accidents and cases of occupational disease, the Committee again requests the Government to send copies of any documents, and any relevant explanations, concerning procedures for the notification of such accidents and cases of disease to the labour inspectorate (legislative text implementing sections 68 and 69 of Act No. 83-13 of 2 July 1983, instructions, report forms, etc.).

It again requests the Government to supply information on the role of labour inspectors in inquiries conducted following serious industrial accidents and in the determination of measures to be taken to avoid further accidents or cases of occupational disease. The Government is also requested once again to ensure that relevant statistics are included in future in the annual labour inspection report.

Labour inspection and child labour. In its direct request of 2011 relating to the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee noted the Government’s indications concerning the results of inspections in the area of child labour in 2008 (68 working children under 16 years of age detected in 4,820 inspected establishments employing 38,650 workers) and in 2009 (49 working children under 16 years of age detected in 1,314 inspected agricultural undertakings). However, the Committee observed in the abovementioned direct request that the Government had not supplied any information regarding the number of children engaged in the worst forms of child labour, including those who were self-employed or working in the informal economy. Noting that the Government has again not supplied the requested information in reply to the points raised previously under Convention No. 182, 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, put a stop to such labour, and also describe the impact of these measures on trends in this area.