Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 81) sur l'inspection du travail, 1947 - Bélarus (Ratification: 1995)

Autre commentaire sur C081

Observation

2023
2007

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Articles 6, 12, 13 and 16 of the Convention. Limitations and restrictions on the powers of labour inspectors. The Committee notes that, according to the Decree of the President of the Republic of Belarus No. 376 of 2017 on measures to improve the activities of the control (supervisory) system, which entered into force on 1 January 2018, a number of limitations on the powers of labour inspectors and the undertaking of labour inspections are envisaged, including restrictions relating to: (i) the free initiative of labour inspectors (sections 1.1.9 and 1.1.11); (ii) the frequency of labour inspections (sections 1.1.7 and 1.1.10); (iii) the scope of inspections, particularly in terms of the issues that can be examined in the course of inspections (sections 1.1.9 and 1.1.11); and (iv) the power of labour inspectors to issue suspension orders in case of threat to life and health (section 1.1.6). The Committee recalls that Article 12 of the Convention provides that labour inspectors shall be empowered to enter workplaces liable to inspection freely and to carry out any examination, test or enquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed, while Article 16 provides that workplaces shall be inspected as often as is necessary to ensure the effective application of the relevant legal provisions. In addition, Article 13 empowers labour inspectors to adopt measures with immediate executory force in the event of imminent danger to the health or safety of the workers.

The Committee further notes that labour inspectors are subject to disciplinary liability, including dismissal and fines, for conducting inspections without justified reasons, for exceeding the time limit for conducting inspections, for requesting the production of documents if they are not related to the matters specified in the inspection order, and for taking samples for investigation in quantities exceeding the established limits (section 1.2). The Committee recalls that according to Article6, the inspection staff shall be composed of public officials who are independent of improper external influences. The Committee notes that as public servants, labour inspectors can only be dismissed for serious professional misconduct, which should be defined in terms that are as precise as possible to avoid arbitrary or improper interpretation (2006 General Survey on Labour Inspection, paragraph 203). The Committee requests the Government to indicate if Decree No. 376 of 2017 is still in force and, in such case, to take prompt measures to bring its national legislation into full conformity with the Convention.