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

Convention (n° 81) sur l'inspection du travail, 1947 - Libéria (Ratification: 2003)

Autre commentaire sur C081

Demande directe

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The Committee notes the information provided by the Government in reply to its previous request concerning the application of the labour inspection system in the mining and transport sector (Article 2(2) of the Convention).

Legislation. The Committee notes from information available at the ILO and on the Internet that the Decent Work Act was enacted on 25 June 2015. The Committee requests the Government to communicate a copy of the 2015 Decent Work Act to the ILO.

Article 3(2). Additional duties entrusted to labour inspectors. The Committee previously noted that labour inspectors are entrusted with handling disputes under Chapter 21 of the Labour Practices Law (LPL). The Committee notes that the Government has not provided a reply in relation to its previous request concerning the impact of these duties on the performance of the primary functions of labour inspectors. Recalling that in accordance with Article 3(2), any additional duties such as conciliation shall not be such as to interfere with the effective discharge of the primary duties of labour inspectors, the Committee requests the Government to indicate the time spent by labour inspectors on these duties in relation to their primary functions as described in Article 3(1). Please also indicate whether measures have been taken or are envisaged to relieve labour inspectors of conciliation duties and to entrust this function to another body.

Articles 4, 10 and 11. Organization and effective functioning of the labour inspection services, including the allocation of adequate human resources and material means. The Committee previously recalled that five (of the 15) labour inspection regional offices were not yet operational due to budgetary constraints and noted the Government’s indications that a decentralization plan was under way to strengthen the regional structures of the labour inspection system. The Committee notes that the Government has not provided any further information on the implementation of the announced decentralization plan. However, it notes from the statistics provided in the Government’s current and previous reports that the total number of labour inspectors has decreased from 37 to 29 between 2012 and 2015. It understands from the Government’s indications that 19 labour inspectors are working at the central labour inspection office, while 10 labour inspectors are spread across the 14 regional labour inspection offices. The Committee requests the Government to indicate the measures taken (such as the conduct of a needs assessment taking into account the criteria in Article 10(a) to (c) of the Convention) to ensure that the inspection services have at their disposal an adequate number of labour inspectors and the necessary financial and material means to discharge their functions effectively. In this respect, it also requests the Government to describe in detail the current situation of the labour inspection services in terms of the available human resources (including the geographical distribution of labour inspectors between the central and regional labour inspection offices) and material means (transport facilities, office space, measuring devices, computers, telephones, etc.). Please also explain the reasons for the decrease in the number of labour inspectors and, where applicable, provide detailed information on the decentralization plan and its implementation.

Article 6. Status and conditions of service of the inspection staff. The Committee previously noted the Government’s indications that the status and conditions of service of labour inspectors have no legal basis, and that due consideration will be given to this issue in the review of the Labour Act. The Committee notes that the Government provides no information on developments in this regard. The Committee therefore requests the Government to provide information on progress made, in the current legislative reforms, to ensure that the status and conditions of service of labour inspectors are duly provided for in law.

Article 7. Initial and subsequent training of labour inspectors. The Committee notes that the Government has not provided the requested information on the training provided to labour inspectors. It therefore once again requests the Government to provide information on the initial and subsequent training given to labour inspections (number of participants, subjects covered, frequency, duration, etc.).

Article 12(1)(a). Extent of the right of free entrance of labour inspectors to workplaces liable to inspection. The Committee previously noted that section 55 of the LPL provides that a “labour inspector may without previous notice at any time during working hours enter and inspect any workplace within the application of any provision of this Title or Title 18 …”. The Committee requested the Government to take appropriate measures to ensure, in accordance with the Convention, that labour inspectors are legally authorized to enter and inspect workplaces liable to inspection not only during working hours, but also “at any hour of the day or night”. It notes that the Committee has not provided any information on measures taken in this regard. The Committee requests the Government to provide information on any progress made, in the current legislative reforms, to bring the national legislation into conformity with the requirements in Article 12(1)(a).

Article 13(2). Power of labour inspectors in the event of danger to health and safety. Measures to be ordered with immediate executory force. The Committee previously noted that section 54(3) of the LPL provides that “[w]here a labour inspector becomes aware of any circumstance, condition, or practice which may impair the safety, health or welfare of the employees in a workplace under his jurisdiction, even though such circumstance, condition or practice is not illegal, he shall attempt to have the employer correct it and shall call it to the attention of his superior”. The Committee notes that the Government has not provided the requested clarification in relation to this provision. The Committee therefore once again requests the Government to clarify if the right given to labour inspectors to order corrective measures is subject to any right of appeal to a judicial or administrative authority which is provided by law. Moreover, the Committee once again requests the Government to provide the relevant legal provisions and clarify if the aforementioned right also authorizes labour inspectors “to make or to have made orders” requiring alterations to installations or plants, and if measures taken under these orders may have immediate executory force in the event of imminent danger to the health or safety of the workers.

Article 15(b). Extent of the obligation of secrecy aimed at protecting employers’ rights. The Committee previously noted that section 57(1), of the LPL provides that “[a] labour inspector is forbidden, even after termination of his services, to divulge, except as required by his duties, any information coming to his knowledge in the course of his employment”. In this respect, the Committee requested the Government to take appropriate measures to ensure that appropriate penalties or disciplinary measures are in place in case of the violation of the obligation of secrecy imposed on labour inspectors, as required under the Convention. In the absence of any reply in this regard, the Committee once again requests the Government to ensure that appropriate penalties or disciplinary measures are in place in case of the violation of such an obligation.

Articles 20 and 21. Annual reports on the activities of the labour inspection services. The Committee previously noted the Government’s indications that the statistics as required under Article 21(a)–(g) are included in the annual report of the Ministry of Labour. However, the Committee notes that this report has never been received by the Office. Moreover, the Committee notes that no annual report on the activities of the labour inspection services has been received by the Office since the ratification of the Convention in 2003. The Committee requests the Government to take measures to ensure that an annual report on the activities of the labour inspection services is established, published and communicated to the ILO, and that it contains the information required by Article 21(a)–(g). In any event, the Committee requests the Government to communicate, with its next report, statistics on the number of labour inspectors, the number and frequency of inspection visits carried out, and the number of workers covered by such visits. The Committee requests the Government to report on any concrete steps taken in this regard, and reminds it that it may avail itself of ILO technical assistance for the collection of statistics and the publication of annual labour inspection reports as provided for under the Convention.

Other information needed to assess the level of application of the Convention. In addition, the Committee once again requests the Government to provide information on the implementation in law and in practice of the following provisions of the Convention: Article 7(2) (ascertainment of the qualifications), Article 11(1)(b) and (2) (means of transport), and Article 12(1)(b) and (2) (power of labour inspectors).