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

Convention (n° 81) sur l'inspection du travail, 1947 - Mozambique (Ratification: 1977)

Autre commentaire sur C081

Observation

Demande directe

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Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. 1. Role of labour inspectors in monitoring the working conditions of migrant workers found in an irregular situation. Following its previous comments, the Committee notes that the Government has once again not provided information on the measures taken or envisaged to guarantee that labour inspectors ensure that employers fulfil their obligations to foreign workers in an irregular situation, as well as on measures to ensure that the functions assigned to labour inspectors regarding the verification of the contractual or residence status of foreign workers do not interfere with the main objective of labour inspectors. In this regard, the Committee notes with concern that, according to the “General Guidelines for Inspections 2017” communicated by the Government with its report, labour inspectors shall: (i) verify the existence of cases of foreign workers, with temporary residence, who remain in the national territory after the period of validity of the contract by virtue of which they entered Mozambique; and (ii) in the case of termination of the employment contract for any reason, verify whether the employer has communicated this termination to the entity that oversees the working area and the migration services of the province where the citizen has been working, through a separate document, within 15 days from the termination. The Committee further notes that: (i) section 4(3)(c) of Decree No.19/2015 approving the Organic Statute of the General Labour Inspectorate, provides that labour inspectors shall control the obligations regarding the employment of foreign workers; (ii) section 26 of Decree No. 37/2016 approving the Regulation of Mechanisms and Procedures for Employment of Citizens of Foreign Nationality provides that the General Labour Inspectorate is responsible for supervising compliance with the provisions of this Regulation; (iii) section 27 of Decree No. 37/2016, stipulates that failure to comply with the provisions on the employment of foreign labour shall be punished by suspension and a fine equal to five to ten monthly salaries earned by the foreign worker in respect of whom the offence has been committed; and (iv) section 28 of Decree No. 37/2016, provides that, whenever the General Labour Inspectorate or its provincial delegation becomes aware of any fact that could be ground for revoking the act that allowed the employment of the foreign worker, it shall prepare a file containing, in summary, the evidence necessary for taking a decision. The Committee finally notes, from the statistical information provided by the Government in its report, that 513 foreign workers in an irregular situation were detected in 2020, whose employment relationship was subsequently suspended. The Committee requests once again the Government to take the necessary measures, in law and in practice, to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to ensure the protection of workers, in accordance with Article 3(2) of Convention No. 81. The Committee also requests the Government to indicate the manner in which labour inspectors ensure the enforcement of employers’ obligations with regard to the statutory rights of migrant workers in an irregular situation (such as payment of outstanding wages, social security benefits or the conclusion of an employment contract).

2. Role of labour inspections relating to the exercise of trade union rights. The Committee previously noted that, pursuant to section 4(5) (a) and (b) of Decree No. 45/2009, the functions of the General Labour Inspectorate include that of registering trade unions, and verifying the legality of their by-laws. The Committee recalls, as emphasized in its 2006 General Survey, Labour inspection, paragraph 80, that labour inspectors should only exercise such supervision in exceptional cases, such as offences or violations of the law denounced by a significant number of members of trade unions and employers’ organizations. Noting the absence of a reply from the Government in this respect, the Committee once again requests the Government to take the necessary measures to ensure that labour inspectors are relieved from any tasks which might be perceived as interfering in the activity of trade unions’ and employers’ organizations and therefore be prejudicial to the authority and impartiality necessary to inspectors in their relations with employers and workers.

3. Role of labour inspectors in conciliating and mediating labour disputes. The Committee previously noted that: (i) pursuant to section 4(5)(c) and (d) of Decree No. 45/2009, the functions of the General Labour Inspectorate include the provision of technical assistance concerning the process of collective bargaining and intervening in industrial conflicts; and (ii) requests to labour inspectors for conciliation and mediation have decreased following the entry into operation of the Mediation and Arbitration Centres for Labour Disputes at the provincial level. The Committee notes that the Government does not indicate whether it foresees, in view of the establishment of the Mediation and Arbitration Centres, to relieve labour inspectors from the function of mediation and conciliation. The Committee requests once again the Government to take the necessary measures, in law and in practice, to ensure that, in line with Article 3(2) of the Convention, additional duties assigned to labour inspectors, other than their primary duties, do not interfere with the effective discharge of the latter. It also requests the Government to provide information on any progress made in this regard.

Articles 10, 11 and 16. Human resources and material means, including transport facilities. Coverage of workplaces by labour inspections. The Committee previously noted that: (i) the number of labour inspectors is very low in relation to the number of workplaces subject to labour inspection and the incidence of labour conflicts; (ii) difficulties in the application of the Convention relate to the availability of transport facilities and the coverage of workplaces by labour inspections in remote areas; and (iii) expenses incurred by labour inspectors when using their own vehicles are not reimbursed. The Committee notes that the Government does not provide information in this regard. It notes, however, from the statistical information provided by the Government, that labour inspectors visited 8,723 establishments (covering 131,663 workers) in 2020 compared to 10,106 establishments (covering 158,690 workers) in 2017 and 6,872 establishments (covering 183,467 workers) in 2013. The Committee once again requests the Government to describe the current situation of the labour inspection services in terms of the human resources and material means available, including transport facilities to enable labour inspectors to carry out inspection visits. Recalling once again that under Article 11(2) of the Convention, the competent authority shall make the necessary arrangements to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the performance of their duties, the Committee requests the Government to take measures to this effect in the very near future and to provide information on the progress made in this respect.

Articles 20 and 21. Publication and communication of an annual report on labour inspection. In its previous comment, the Committee took note of the 2013 annual report of the General Labour Inspectorate. While noting the statistical information provided by the Government on inspection visits and violations and penalties imposed, the Committee notes that the annual report on the activities of the labour inspectorate has not been communicated. The Committee therefore requests the Government to take the necessary measures to ensure that annual labour inspection reports are prepared, published and transmitted to the ILO, in accordance with Article 20 of the Convention, and to ensure that such reports contain information on all the subjects listed under Article 21 of the Convention.

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