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

Convention (n° 81) sur l'inspection du travail, 1947 - Polynésie française

Autre commentaire sur C081

Observation

Demande directe

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The Committee notes the information provided by the Government in its report in reply to the Committee’s previous comments on the additional functions entrusted to labour inspectors in relation to Article 3 of the Convention (the settlement of labour disputes), Article 7 (the training of inspection staff) and Article 9 (the association of duly qualified technical experts and specialists in the work of inspection).

Articles 3(1) and (2) and 5(a). Additional duties entrusted to inspection staff in cooperation with other governmental services to combat illegal employment. In its previous comments, the Committee noted that the action to combat illegal employment was undertaken by a committee composed of the Deputy Public Prosecutor, the Department of Labour, the Social Welfare Fund, the gendarmerie, the Department of Public Security, the border police and the tax authorities. It requested the Government to take all the necessary measures, in law and practice, to return labour inspectors to their functions as defined by the Convention and to limit their involvement in joint inspection operations to an extent that is compatible with the objectives of the Convention. In this regard, the Government indicates that, regardless of the specific form it takes, the objective of illegal employment is generally to deprive employees of all or some of the rights granted to them under labour legislation. Action by the labour inspectorate to combat illegal employment does not therefore conflict with its primary role of ensuring compliance with legislation on working conditions and the protection of workers, but is rather an intrinsic part of this role. In addition to the restoration of their right to wages and to social protection, the protection of workers who are subject to illegal employment is provided through the right to a minimum fixed sum of compensation equivalent to six months’ wages when an employer terminates the employment relationship. The Department of Labour is planning to offer a “supervision kit” in addition to the other services with which it coordinates its action against illegal employment to highlight aspects related to the protection of employees. This protection also concerns foreign employees, regardless of whether their status complies with the rules governing residency. Illegal work in the country only marginally concerns foreign nationals. The Committee requests the Government to provide statistical data on the measures taken by the labour inspection services to restore the right to wages and to social protection of employees who have been victims of illegal employment, specifying the number of cases of foreign workers in an irregular situation. The Committee also requests the Government to provide statistical information on inspections aimed at enforcing the application of provisions relating to working conditions and the protection of workers, in comparison with inspections conducted by labour inspectors aimed at controlling illegal employment.

Articles 5(a), 17, 18 and 21(e). Cooperation between the labour inspection services and the Judiciary, and the necessary balance between the prevention and imposition of penalties. In its previous comments, the Committee noted that, although the number of infringements recorded had risen sharply compared with 2010, the number of compliance notices and infringement reports had dropped significantly. It asked the Government to explain the reasons for this trend and to supply additional information on the violations recorded and the nature of the penalties imposed. The Government indicates that the number of criminal offences has fallen, and that criminal proceedings are restricted by the discretionary power of the prosecution services. It adds that an active policy to impose penalties will be developed, with a particular emphasis on the quality of infringement reports and on the relationship with the prosecution services, and an extension of the use of administrative penalties, particularly fines. The Committee requests the Government to provide information on the measures taken in this regard.

Article 6. Status and conditions of service of inspection staff. With regard to the status of inspection staff, the Committee notes that the Government once again indicates that labour inspectors and controllers are either public servants in the labour inspection service, or public servants or employees in the administration, who benefit from employment security. The Committee requests the Government to provide details on the nature of the recruitment of employees who are not public servants, and their terms and conditions of service compared with those of public servants.

Articles 20 and 21. Annual inspection report. While noting the extract from the 2014 annual report of the Department of Labour, and the 2014 review of statistics on occupational accidents and diseases attached to the Government’s report, the Committee requests the Government to ensure that an annual report on the work of the inspection services, containing information on the matters covered by Article 21(a)–(g), is published and communicated regularly to the Office within the time limits set out in Article 20.