Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 81) sur l'inspection du travail, 1947 - Sao Tomé-et-Principe (Ratification: 1982)

Autre commentaire sur C081

Observation

Demande directe

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Article 3 of the Convention. Functions of the system of the labour inspection. The Committee notes that, according to section 5 of the Statute of the General Labour Inspectorate (Inspeccao Geral do Trabalho, hereafter IGT Statute) adopted in 2016, the labour inspectors perform activities in the field of working conditions, occupational safety and health (OSH), as well as job placement, migration and work of foreigners and social security. The Committee requests the Government to provide further detailed information on how the tasks regarding migration and work of foreigners and social security are performed by labour inspectors in practice, including the proportion of time and resources attributed, in order to ensure that it does not interfere with the effective discharge of their primary duties, and does not prejudice in any way the authority and impartiality which are necessary in inspectors’ relations with employers and workers.

Article 5(a). Cooperation between the labour inspection system and the judicial system. Following its previous comments, the Committee notes that, according to section 34(2) of the IGT Statute, the IGT shall collaborate with the Courts and the Public Prosecution Office under the terms established in the Code of Criminal Procedure. The Committee also notes the Government’s indication in its report that violations of the law are constantly referred to the Public Prosecution Office, however, the feedback from the prosecutors regarding outcomes of the process never reaches the IGT. Recalling that Article 5(a) requires appropriate arrangements to promote effective cooperation between the inspection services and other Government services, the Committee requests the Government to provide information on any measures taken or envisaged to improve the collaboration between the labour inspection system and the judicial system, in particular regarding the feedback from the prosecutors on the processing of the cases transmitted to them by labour inspectors; and also requests information on the outcomes of cases referred to Public Prosecution Office, including specific violations found and sanctions imposed.

Article 6. Conditions of services. The Committee notes that, according to section 52(1) of the IGT Statute, the Ministers who oversee the areas of Finance and Labour shall approve, in a separate statute, the careers and the specific remuneration scale for IGT personnel. The Committee requests the Government to indicate whether the statute provided for by section 52(1) of the IGT Statute has been adopted, and once again requests the Government to provide information on the career scheme and remuneration scale for IGT personnel, compared to public officers exercising similar functions, such as tax inspectors.

Article 7. Recruitment conditions and training. Following its previous comments, the Committee notes the Government’s indication that three inspectors have undergone higher education and two sub-inspectors have received professional training. Moreover, in light of the actions foreseen in the Decent Work Country Programme 2018-2021, internal and external trainings were organised in exchange with the Authority for Working Conditions of Portugal on OSH for the technicians of the IGT. The Committee also notes that, according to section 38(1) of the IGT Statute, the selection process of labour inspectors involves paid professional traineeship, under the terms of Decree No. 6/2010. The Committee requests the Government to continue to provide information on the measures taken to provide adequate training to labour inspectors, including the frequency and contents of the trainings and the attendance at each such training, so as to enable inspectors to perform their duties effectively and independently. It also requests the Government to provide information on the organisation of the paid professional traineeship in the recruitment process and to provide a copy of Decree No. 6/2010.

Articles 10 and 11. Human and material resources available to the labour inspection services. The Committee previously noted the limited number of inspectors and a shortage of financial resources. The Government indicates that the IGT currently consists of one General Inspector, four inspectors, four sub-inspectors and three inspection technicians. It states that no measures have been taken to ensure a sufficient number of labour inspectors due to its limited resources. The Government also indicates that there is one vehicle available for inspectors, and that travel expenses are reimbursed. However, it notes that there is a lack of personal protection equipment and communication devices. Noting the constraints on the resources available, the Committee requests the Government to provide information on the measures adopted to ensure a sufficient number of inspectors to secure the effective discharge of the duties of the inspectorate. It also requests the Government to make the necessary arrangements to provide labour inspectors with suitable personal protection equipment and communication devices in accordance with the requirements of the service. Finally, it requests the Government to provide information on any progress made in this regard.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes the Government’s indication that section 441 of the Labour Code of 2019 requires employers to register and declare accidents and occupational diseases to the competent authorities but does not indicate a deadline for this notification. The Committee also notes the Government’s indication that section 45 of the IGT Statute establishes a time limit of 48 hours for the employer to communicate work related accidents and occupational diseases to the IGT. In addition, section 46 of the IGT Statute provides that companies shall collect, organize and communicate to the IGT quarterly data concerning diagnosed occupational illnesses and work-related accidents that result in the inactivity of the injured person for a period exceeding one working day. The Committee requests the Government to indicate the measures adopted to improve the detection and identification of cases of occupational diseases as well as their notification to the labour inspectorate. It also requests the Government to provide information on the application of this provision in practice and to include the representative statistics on cases of occupational disease and work-related accidents in its annual labour inspection report.

Articles 20 and 21. Reports on labour inspection activities. The Committee previously noted that no annual labour inspection reports had been received by the ILO. The Committee notes the Government’s indication in response that the requests of the Committee had been sent to the IGT and that in the medium term the reports are expected to be received and published as required by the Convention. The Committee also notes that sections 6 and 7 of the IGT Statute provide for the preparation of quarterly and annual reports. The Committee requests the Government to take the necessary measures to ensure that an annual inspection report is developed in the near future, containing full information on the activities of the labour inspection services required by Article 21: (a) laws and regulations relevant to the work of the inspection service; (b) staff of the labour inspection service; (c) statistics of workplaces liable to inspection and the number of workers employed therein; (d) statistics of inspection visits; (e) statistics of violations and penalties imposed; (f) statistics of industrial accidents; and (g) statistics of occupational diseases.