Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Repetition

Articles 4, 5(a), 10, 14, 16, 20 and 21 of the Convention. Coordination and operation of the labour inspection system. According to the Government’s report, the number of visits has increased significantly as a result of an increase in the number of inspectors, which has affected the application and dissemination of the national legislation on conditions of work. The Government states, however, that it is unable to count the number of inspection visits since the Ministry of Labour does not have a single inspection plan or just one inspection directorate. The Government also indicates that the Ministry of Labour is engaged in efforts to ensure that the annual inspection report contains statistics of the workplaces liable to inspection, and of visits, occupational accidents, infringements and penalties imposed. With regard to occupational accidents in particular, the Government provides no information in reply to the Committee’s comments regarding a plan to establish a special register of industrial accidents and occupational disease pursuant to Decrees Nos 11802/2004 and 14229 of 26 February 2005, allowing such data to be included in annual report, as provided in Decree No. 35/2 of 3 April 2009.

The Committee notes that, in the absence of the statistical data required by Article 20(b)–(g) of the Convention, it is not in a position to assess how far the Convention is applied. The Committee points out that, according to Article 4 of the Convention, the labour inspectorate should be placed under the control of a central authority, the aim being, as indicated in paragraph 140 of the General Survey on labour inspection of 2006, to facilitate the establishment and application of a single policy throughout the territory covered and to make it possible to use available resources in a rational way by, for example, eliminating duplication of efforts. Referring in this connection to its general observation of 2009, the Committee again emphasizes the crucial importance of the availability of a register of workplaces and enterprises liable to inspection, containing data on the number of categories of men and women workers employed therein. It recalls that, as well as providing the central inspection authority with data that are essential to the preparation of the annual report, the register of workplaces can be an important tool for assessing the effectiveness of external services and their personnel. The central authority can thus assess the relationship between the activities carried out and the resources available, especially for the development of a human resources policy that takes into account merit and motivation.

The Committee requests the Government to take all necessary measures to improve coordination of the labour inspection system by the central authority and to provide detailed information on this matter in its next report, including an organizational chart of the central and local inspectorates.

The Committee again asks the Government to provide information on the steps taken in cooperation with other government bodies and public institutions (tax administration, social security bodies, etc.) with a view to updating the register of workplaces liable to inspection and on the results obtained.

Furthermore, the Committee requests the Government to redouble its efforts to compile statistical data on the activities of the labour inspectorate (inspection visits) and their impact on the application of the legislation (reported infringements, technical advice and information, observations, warnings, legal proceedings initiated or recommended, imposition of penalties) and the number of occupational accidents and cases of occupational disease. In particular, it again asks the Government to provide information on progress made in the establishment of a register of occupational accidents and cases of occupational disease. It hopes that the Government will provide copies of any reports or documents, including the statistical data required by Article 20, that are relevant to an assessment of the application, in law and practice, of Articles 4, 10, 14 and 16 of the Convention.

The Committee notes the recommendations set out in the labour inspection audit conducted in 2010 at the Government’s request, and again asks the Government to provide information on the steps taken to seek technical assistance from the Office in connection with the matters raised above.

Article 5(a). Effective cooperation between the inspection services and the judicial system. In its previous report, the Government stated that a dialogue had been launched with the ILO Regional Office for the Arab countries with regard to the organization of a workshop aimed at promoting cooperation between the labour inspectorate and the judicial system. In the report currently under examination, the Government indicates that the Ministry of Labour is awaiting a reply from the Ministry of Justice to its communication in which it sought the organization of a workshop that would bring together the two parties, with a view to enhancing cooperation and the exchange of experiences. The Committee requests the Government to provide information on the follow-up to its application to the ILO, referred to in its previous report, and on the communication from the Ministry of Labour to the Ministry of Justice, and to indicate in particular whether the workshop envisaged was finally organized and, if so, to report on its impact on cooperation between the inspection services and judicial bodies, providing, inter alia, copies of any relevant documents, reports or decisions.

Article 7(3). Continuous training for labour inspectors. The Committee notes the information from the Government to the effect that the Ministry of Labour organized a workshop on labour administration for public administration inspectors, in coordination with the ILO. Furthermore, physician and engineer inspectors are undergoing continuous training that includes a course currently being held in coordination with the office of the Ministry of State in charge of the reform of the administration and a workshop on child labour organized in coordination with the non-governmental organization “War Child”. According to the Government, this training has had a positive effect on the volume and quality of inspection activities particularly as regards knowledge of the law and methods of dealing with employers and workers and obtaining voluntary compliance with the legislation. The Government adds that it would be important for inspectors to be familiar with the experiences of other countries. The Committee requests the Government to continue to provide information on the continuous training of labour inspection staff and to provide information on the impact of such training on the volume and quality of inspection activities, and on the results of the training.

Article 12(1) and (2). Right of inspectors to enter freely any workplace liable to inspection. In its previous comments the Committee noted with concern that Memorandum No. 68/2 of 2009 provides that all unscheduled inspection visits must be authorized in writing by the head of service, and accordingly asked the Government to have the text amended. The Committee notes that the Government has provided no information on this point. It again asks the Government to ensure that Memorandum No. 68/2 of 2009 is amended to ensure that labour inspectors are entitled to enter workplaces liable to inspection, in accordance with the relevant provisions of the Convention, and to supply relevant information together with copies of any texts or documents showing progress made in this regard.