Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 81) sur l'inspection du travail, 1947 - Arménie (Ratification: 2004)

Autre commentaire sur C081

Observation

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The Committee notes the observations made by the Confederation of Trade Unions of Armenia (CTUA) and the observations of the Republican Union of Employers of Armenia (RUEA), both received on 30 September 2015.

Articles 3, 4, 5, 6, 7, 9, 12, 13, 15, 16, 17 and 18 of the Convention. Reform of the labour inspection system and effective exercise of labour inspection functions following the reorganization of the labour inspection services. In its previous comment, the Committee noted that during the ongoing labour inspection reforms up until 2011, planned inspections had been temporarily suspended. The Committee further noted the Government’s indication that, following legal amendments in 2011, limitations on the number of labour inspection visits were introduced, in that: (i) inspection visits in workplaces categorized as high-risk would not be conducted more than once a year; (ii) inspection visits in workplaces categorized as medium risk would not be carried out more than every three years; and (iii) inspection visits in workplaces categorized as low-risk labour inspections would not be carried out more than every five years. In this respect, the Committee expressed the view that limiting the number of inspection visits to a specific number for a certain time period raises obstacles to the effective performance of labour inspection functions.

In reply to its request for further information on the labour inspection reform, the Committee notes the Government’s indication in its report that the reform of the labour inspection system is ongoing. In this respect, the Committee refers to the recent merger of the State Labour Inspectorate and the State Sanitary and Epidemiological Inspection, as “State Health Inspectorate” under the Ministry of Healthcare, Decree No. 857 of 2013, as amended. In this context, the Committee also notes that Annex II of Decision No. 857 provides for the structural organization of the State Health Inspectorate with ten divisions, including one occupational safety control division and one labour legislation control division; and that section 8 of Decision No. 857 enumerates the various functions of the State Health Inspectorate, including the exercise of state hygiene and anti epidemic control functions. The Committee notes that the CTUA expresses concern that Decree No. 857 on the reorganizing of the labour inspectorate as a part of the Ministry of Health does not meet the requirements of Article 4 of the Convention (organization of the labour inspection services under the control and supervision of a central authority) and Article 9 of the Convention (association of duly qualified technical experts and specialists in the work of the labour inspectorate). The RUEA, for its part, observes that the reorganization and the repealing of Decree No. 1146 of 2004, which established the State Labour Inspectorate within the Ministry of Labour and Social Affairs, were adopted without preliminary discussions with the social partners. The RUEA also states that the State Health Inspectorate does not contribute to the application of the legal provisions concerning labour conditions or pursue the objective of defending workers’ rights and that, as a result of these changes, the State Labour Inspectorate had not carried out any activities for almost two years. The RUEA also raises concerns related to article 19 of Law No. 254 of 2014 on Inspection Bodies providing that three years after the entry into force of this Law (that is, 27 December 2014), there will be a need to create a new inspectorate because the State Health Inspectorate of the Ministry of Health will terminate its activity.

In relation to the ongoing reform of the labour inspectorate, the Committee would like to emphasize that, whatever the form of organization or the mode of operation of the labour inspectorate, it is important that the labour inspection system functions effectively and that the principles of the Convention are respected. In this regard, it would like to recall, in particular, that Articles 4 and 5(a) of the Convention provide that the inspection system shall be placed under the supervision and control of a central authority and appropriate arrangements shall be made to promote effective cooperation with other control bodies. Furthermore, the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of government and of improper external influences (Article 6); labour inspectors shall be recruited with sole regard to their qualifications and adequately trained to dispose of relevant capacities for the performance of their duties (Article 7); each Member shall take the necessary measures to ensure that duly qualified technical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, are involved in the work of inspection (Article 9); and the number, extent and quality of inspectors and inspections and the allocation of financial means (Articles 10, 11 and 16) shall be such as to ensure the effective application of the relevant legal provisions. Moreover, labour inspectors must be provided with the rights and powers provided by the Convention (Articles 12, 13 and 17) and must be bound by the obligations provided for in it (Article 15). According to Article 3(1) and (2), the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties.

Noting with concern the observations made by the RUEA on the absence of any labour inspection activity for almost two years, the Committee requests that the Government provide its comments in this respect. The Committee also requests that the Government provide detailed statistics on the number of labour inspection visits carried out since the delegation of functions to the State Health Inspectorate and the number of workplaces and workers covered by these visits in the different sectors (Article 16).

The Committee also requests that the Government reply to the concerns raised by the CTUA, and requests information on how the principles of the Convention are given effect to in the reorganized system. In this respect, it requests specific information on the delegation of supervision and control functions to a central authority for labour inspection functions (Article 4), as well as the budgetary and human resources allocated for labour inspection purposes (Articles 10 and 11). The Committee also requests clarification on whether all labour inspectors previously employed by the State Labour Inspectorate have been transferred to the newly created State Health Inspectorate, and whether inspectors assuming labour inspection functions have the necessary qualifications to carry out these duties and the nature of the training they receive for this purpose (Article 7). Noting that the functions relating to the control of working conditions and occupational safety and health are only two of the ten functions entrusted to the State Health Inspectorate, the Committee also requests that the Government specify how it ensures that the other functions entrusted to the State Health Inspectorate do not have a negative effect on the effective discharge of the labour inspectors’ primary duties (Article 3(2)).

In view of the termination of the activity of the State Health Inspectorate in December 2017 in accordance with article 19 of the Law on Inspection Bodies (that is, three years after the entry into force of the Law), the Committee finally requests that the Government provide information on the proposed organization of the labour inspection services after that date. In this regard, the Committee strongly encourages the Government to ensure that any amendments to the national legal framework and practice concerning the organization of the labour inspection services do not introduce restrictions and limitations to labour inspection, and give effect to all the principles of the Convention.

Articles 19, 20 and 21. Annual reports on the work of the labour inspectorate. The Committee notes that, once again, no annual report containing the type of data and statistics set out in Article 21 of the Convention, was submitted to the Office. The Committee nevertheless notes the information provided by the Government that clause 8(10)(s) of Decree No. 857-N provides that the labour inspectorate must draw up annual reports on its performance and present it to the Ministry of Healthcare. The Committee also notes the Government’s indication that the report was presented to the RUEA and the CTUA for their opinions. The Committee once again urges the Government to take all necessary measures to ensure the preparation and publication by the central labour inspection authority of an annual report containing all the information required under Article 21 of the Convention and to communicate any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.