Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 81) sur l'inspection du travail, 1947 - Panama (Ratification: 1958)

Autre commentaire sur C081

Observation

Demande directe

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With reference to its observation, the Committee wishes to make the following additional points.

Articles 3(1)(a), 17 and 18 of the Convention. Targeted inspections: migrant labour and mining. 1. Migrant labour. The Committee notes that, in relation to the measures adopted or envisaged to ensure that activities based on section 17 of the Labour Code (concerning the labour protection of nationals) do not interfere with the primary duties of the inspection services, the Government refers to the increase in preventive inspections, the introduction of immediate notification to accelerate penalty procedures, and the procedure for the immediate payment of fines. The Government adds that while the legislation provides for penalties for enterprises recruiting foreign workers without a permit issued by the Ministry of Labour and Employment Development (MITRADEL), but that it guarantees that employers respect the labour rights of foreign workers. The Committee requests the Government to describe how it is ensured that employers comply with the obligations relating to work carried out by foreign workers without a work permit issued by MITRADEL, particularly where such foreign workers are liable to be deported from the country. The Committee also requests that the Government provide information on the number of cases in which the rights of such workers have been recognized.

2. Mining and other sectors with a high incidence of occupational hazards. With regard to measures to ensure a strong and regular presence of labour inspection in workplaces and sectors involving a professional risk, the Committee notes with interest the creation of the Special Regional Directorate of MITRADEL, which will provide inspection services in areas where work is carried out for the Cobre Panama mining project. The Committee requests the Government to provide information, supported by data, on the impact of the establishment of the Regional Directorate on compliance with employers’ obligations and in particular on the safety and health of miners in the area where work is carried out for the project. It also requests that the Government report any other measures taken to strengthen safety and health in sectors with a high incidence of occupational hazards.

Articles 5(a), 14 and 21(f) and (g). Prevention in relation to safety and health; notification of industrial accidents and cases of occupational disease. In its previous comments, the Committee noted that the Government had expressed interest in receiving technical assistance from the ILO to organize a workshop on the registration and notification of industrial accidents and cases of occupational disease in order to facilitate the establishment of an information network and requested it to ensure that measures were taken rapidly so that labour inspectors were informed of industrial accidents and cases of occupational disease. The Government indicates that, since elections and a change of administration are approaching, there are currently no plans to request technical assistance, but that once elections have been held, it could be envisaged. The Committee requests the Government to ensure that the necessary legal and practical measures are taken so that industrial accidents and cases of occupational disease are notified to the labour inspectorate, in accordance with Article 14 of the Convention and that such information is included in the annual inspection reports. It asks the Government to report on any developments in this regard.

Articles 10 and 16. Labour inspection staff and coverage. The Committee notes that the current number of inspectors at national level is 111 and the total number of safety officers is 95. Of the total number of inspectors, 48 are assigned to headquarters and 63 are distributed among the 13 regional offices; 48 safety officers are assigned to headquarters and 47 are distributed among the 13 regional offices. The Committee notes that while the total number of inspections increased significantly between 2010 and 2011 (from 19,444 to 29,499), it also fell significantly between 2012 and November 2013 (from 28,880 to 21,479). With reference to its previous comments, the Committee notes however that there is still no list of enterprises at national level by geographical area, which makes it impossible to evaluate the coverage of the labour inspection system. The Committee emphasizes the importance of ensuring that this information is available to that end and, more precisely, in order to enable the central authority to justify its requested budgetary allocation with a view to achieving optimal coverage. The Committee therefore requests the Government to ensure that, in the future, the annual inspection report contains information on the number of establishments liable to inspection under the Convention and the number of workers employed therein. In this respect, the Committee invites the Government to refer to its general observation of 2009, which addresses the importance of creating and updating a register of workplaces.

Article 11(1)(b) and (2). Transport facilities available to the labour inspectors and reimbursement of unforeseen costs and necessary transport. The Government indicates that seven vehicles at headquarters and 12 vehicles distributed among the 13 regional offices are available to labour inspectors for the exercise of their duties. The Committee requests the Government to report any measures envisaged or adopted with a view to strengthening the means of transport available to labour inspectors, particularly in regions with a shortage of public transport. It also asks the Government to indicate the measures adopted to reimburse labour inspectors for any unforeseen costs and any transport costs necessary for the exercise of their duties.

Articles 20 and 21. Annual inspection report. The Committee notes the report of the National Directorate of the Labour Inspectorate for 2012. It notes once again that this report does not contain any statistics on the offences committed, the industrial accidents or cases of occupational disease. However, the Committee notes the statistics in the Government’s report on non-compliance reports, convictions that involve fines, and acquittal orders, as well as information on the most common offences. Emphasizing that it has been commenting for many years on the preparation and transmission, to the ILO within the time limits provided for in Article 20, of an annual report that contains the information set out in Article 21(a)–(g), the Committee expresses the firm hope that the Government will ensure that adequate measures are adopted without delay to that end. In this respect, the Committee invites the Government to consider the possibility of availing itself, if necessary, of ILO technical assistance.