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

Repetition

The Committee notes the scarce information in the Government’s report. The Committee has equally taken note of the information on the labour administration system contained: (i) in the 2006 handbook elaborated by the Ministry of Labour, Technological Development and Environment, and published by the ILO; as well as (ii) in the Government’s reports in relation to other Conventions. The Committee requests the Government to provide up-to-date and as detailed information as possible on every Article of the present Convention.

Article 1 of the Convention. Organization of the labour administration system. The Committee requests the Government to provide up-to-date information on the organization of the whole labour administration system (Ministry of Labour, Technological Development and Environment, its composing departments and, if applicable, its regional and local structure; ministerial institutions on national and, if applicable, regional and local levels; or any other public administrative bodies) and to provide a relevant organizational chart. Further, it would be grateful if the Government would indicate whether there are any parastatal bodies which have been entrusted with labour administration functions.

The Committee requests the Government to provide a copy of State Decree SB 1992 No. 71 on the organizational structure of the Ministry of Labour, Technological Development and Environment and/or the State Decree of 27 January 1970 containing the terms of reference of this Ministry, respectively, which according to the information in the 2006 handbook, seems to have last been modified in 2002. It also requests the Government to provide any other texts on the organization and functioning of other organs entrusted with functions related to labour administration, such as legal instruments governing the National Labour Mediation Council, the Dismissal Board, the Social Investment Fund, the Foundation for Productive Work Units, the Foundation for Labour Mobilization and Development, the Suriname Labour College, the Board for Cooperatives, the Board for Occupational Health, the Social and Economic Council and the National Commission on Employment (or the National Council for Employment, after its establishment).

Article 2. Delegation of certain activities to non-governmental organizations. The Committee requests the Government to provide information on any developments regarding the delegation of labour administration activities to non-governmental organizations, including employers’ or workers’ organizations.

Article 3. Activities in the field of labour policy which are regulated by recourse to direct negotiation between employers’ and workers’ organizations. The Committee notes that, according to the statement by the Ministry of Labour, Technological Development and Environment in the 2006 handbook on the labour administration system, collective bargaining agreements are widespread in the country. The Committee requests the Government to provide information on any developments as regards particular activities in the field of labour policy regulated by recourse to direct negotiation between employers’ and workers’ organizations. If applicable, it requests the Government to provide a copy of any relevant collective agreements in force.

Article 4. Organization and effective operation of the labour administration system. The Committee requests the Government to provide information as detailed as possible on the manner in which an effective operation and coordination is ensured among the functions and responsibilities of the different entities of the labour administration system (for example, priorities and targets set out, reporting system and interaction between the different entities).

Article 5 of the Convention and Part IV of the report form. Consultation, cooperation and negotiation between the public authorities and the most representative employers’ and workers’ organizations. The Committee had previously noted that, in conformity with the objective set in the Constitution of the country to involve labour unions in the determination of labour policy (article 31(2) provides, among other things, for their involvement in the preparation of labour legislation and the preparation and supervision of the implementation of social and economic plans), there have been several tripartite bodies set up in the country, such as the Labour Advisory Board, the National Labour Mediation Council, the Dismissal Board (DB) and the Suriname Labour College (SIVIS). Further, the Committee has noted, in its comments under Employment Policy Convention, 1964 (No. 122), in 2007 and 2009 and its comments under Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) in 2004, 2006 and 2008, the developments concerning the participation of tripartite bodies in the determination of labour policy, namely: (i) the participation of tripartite partners in six commissions set up to revise labour legislation in Suriname and their submission of views regarding amendments or new laws; (ii) the consultation with social partners in the realization of the Multi-Annual Development Plan for 2006–11; and (iii) the submissions by the Labour Advisory Board to the Ministry of Labour and the Ministry of Public Health in the area of draft legislation on migrant labour, as well as in the area of contract labour and health insurance. It further noted that, under the abovementioned Conventions, the Labour Advisory Board was inactive during some periods of time, that the tripartite Social Economic Council had not been installed until 2009, and that the Government intends to transform the National Commission on Employment into a permanent tripartite entity named National Council for Employment. The Committee requests the Government to provide information on all entities that have a tripartite structure (including entities with a tripartite management board), provide a copy of any legislative texts governing these entities and describe their respective activities and their functioning in practice. It asks the Government to provide a copy of any report or extract from any report on the work of these tripartite entities and to provide information on the impact of their submissions in the area of labour administration.

The Committee asks the Government to indicate if measures have been taken to enhance consultations, negotiations or tripartite cooperation also on regional or local level or in different economic sectors.

Article 6(2)(a), (b), (c) and (d). Preparation and administration of national labour policy and employment policy. Services available to employers and workers. The Committee noted, under its comment under Convention No. 122 in 2007, that the Multi-Annual Development Plan for 2006–11 contains the following objectives: (i) eradication of unemployment through the creation of facilities for small businesses; (ii) achieving a gender balance by promoting the employment of women in management positions; (iii) fostering vocational training; (iv) creating a social investment fund to provide credit facilities for small businesses; and (v) renaming the National Commission on Employment to the National Council for Employment and providing for a tripartite structure. The Committee asks the Government to indicate if and how it is envisaged to involve entities like the National Labour Advisory Board, the National Council for Employment or the Social and Economic Council in the development of future national labour policy or, for example, the Multi-Annual Development Plan for 2012–17 (Article 6(2)(a)).

As employment services are concerned, the Committee notes the information in the 2006 handbook of the Ministry of Labour, Technological Development and Environment, on the functions of its Labour Market Department (composed of the following units: Labour Market Analysis, Labour Statistics, Employment Agency and Labour Market Development), as well as the functions of the Foundation for Labour Mobilization and Development in the area of job market training. The Committee requests the Government to provide information on the activities of the Labour Market Department and to provide a copy of any relevant documentation in this regard. In addition, it also requests the Government to provide information on the activities of the Foundation for Labour Mobilization and Development, namely the content, scope, frequency and participants of any training courses made available to workers. Please also indicate if there are other bodies entrusted with functions related to employment policy and provide information on its activities (Article 6(2)(b)).

The Committee equally notes the information in the handbook on the different functions of the National Labour Mediation Council (providing general advice, carrying out mediation or conciliation, providing assistance to parties before an arbitration tribunal and carrying out instances of arbitration). The Committee requests the Government to provide information on the activities of the Labour Mediation Council in practice and to provide a copy of any relevant report. Further, please indicate if there are other bodies entrusted with the provision of services other than in the area of dispute resolution or bodies entrusted with the provision of technical advice on labour matters, to employers and workers and their respective organizations (Article 6(2)(c )and (d)).

Article 7. Extension of the functions of the system of labour administration to categories of workers who are not considered employed persons by law. The Committee requests the Government to indicate any development regarding the intention to extend labour administration activities to workers engaged in occupations listed in paragraphs (a)–(d) of this Article.

Article 8 of the Convention. Participation in the preparation of national policy concerning international labour affairs. The Committee has previously noted, for example in its comments under Convention No. 144 in 2001, 2004 and 2006, that tripartite consultations have taken place in the Labour Advisory Board, with a view to subsequent ratifications of several international labour Conventions, namely Minimum Age Convention, 1973 (No. 138), Private Employment Agencies Convention, 1997 (No. 181), and Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee equally notes the information on the functions of the International Affairs Unit of the Legal and International Affairs Department at the Ministry of Labour, Technological Development and Environment. The Committee requests the Government to continue to provide detailed information on consultations held within tripartite bodies like the Labour Advisory Board in this regard and the impact in law and practice of views expressed therein. Further, please provide information on the activities of the International Affairs Unit of the Legal and International Affairs Department or any other body entrusted with functions in this regard and communicate a copy of any reports containing information on their activities.

Article 9 of the Convention. Supervision of parastatal and regional or local agencies to which particular labour administration activities may have been delegated. The Committee requests the Government, if applicable, to describe the means to ensure that any parastatal organisms and regional or local entities respect national laws and objectives of national labour policy.

Article 10 of the Convention. Staff of the labour administration system and material means. The Committee requests the Government to provide up-to-date and detailed information on the composition, status and conditions of service of the staff of the labour administration system. Please provide a copy of legal texts governing the labour administration staff, documentation on the content, frequency and scope of training provided or any other relevant information in this regard (paragraph 1).

Further, please describe the material means and the financial resources allocated for the effective performance of duties of the personnel and, if applicable, any difficulties encountered in this regard (paragraph 2).

Judicial decisions. Application in practice. The Government is requested to respond in detail to the questions under these points of the form, and to provide information on any practical difficulties encountered in the application of the Convention.