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

Repetition

Legislation. The Committee notes the information provided by the Government, in response to its previous request, concerning amendments to the Central Provident Fund Act (CPFA), the Employment Act (EA), and the Workplace Safety and Health Act (WSHA). The Government also provided information on the WorkRight Initiative, under which more than 28,000 proactive workplace inspections have been conducted since 2012, aimed at educating employers on employment laws and ensuring that they fulfil their responsibilities towards their employees, including migrant workers. The WorkRight Initiative also includes outreach activities aimed especially at vulnerable low-wage workers; the Government indicates that its “roadshows” have attracted over 100,000 individuals, including migrant workers, since 2012. The Committee notes this information.

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes the Government’s indication, in reply to its previous request, that the Ministry of Manpower (MoM) enforces employers’ statutory obligations to all migrant workers, regardless of their legal status. The Government states that the MoM educates all migrant workers to approach it if they do not receive their statutory benefits. The Government states that labour inspectors carry out controls of irregular work and employers’ obligations under the Employment of Foreign Manpower Act (EFMA). In 2017, over 2,300 inspections focused on compliance with the EFMA (compared with 5,000 inspections under the WorkRight initiative and 6,000 OSH inspections), which resulted in approximately 300 prosecutions for the EFMA offences and the imposition of over 1,000 compositions or financial penalties. The Committee requests the Government to provide information on specific actions undertaken by the MoM to ensure the enforcement of the statutory rights of migrant workers found to be in an irregular situation under the terms of the EFMA. It also asks the Government to provide information on the number of cases in which workers found to be in an irregular situation have been granted their due rights, such as the payment of outstanding wages, social security benefits, or the conclusion of an employment contract, including cases where the workers in question have left the country or are liable to expulsion.

Articles 4, 6 and 7 of the Convention. Supervision and control of the central authority. Recruitment and qualifications of labour inspectors. In its previous comments, the Committee noted that following the extension of the WSHA to all workplaces, the Government engaged the Auxiliary Enforcement Agency (AEA), with a view to extending the enforcement efforts of the MoM. It requested the Government to provide detailed information on the legal basis on which the AEA operates, the administrative organization, as well as the manner in which the AEA reports to, and is supervised by, the central labour inspection authority. The Committee notes the Government’s indication in response that the team of 20 inspectors from the AEA, who are gazetted under the WSHA, conducts approximately 12,000 inspections per year. This complements the MoM’s existing enforcement resources and maintains enforcement oversight on lower-risk workplaces. AEA officers focus on basic compliance with the WSHA such as the implementation of risk management as well as targeted operations including forklift management. AEA inspectors are required to follow up with rectification actions or bring the non-compliant workplaces to the MoM for enforcement action to be taken. In this respect, the Committee notes that the 12,000 inspections conducted in 2017 by the AEA were comparable in number to the 13,300 inspections conducted by labour inspectors under the statutory provisions and initiatives described above. The Committee further notes that pursuant to section 7 of the WSHA, inspectors for workplace safety and health shall be appointed by the Commissioner for Workplace Safety and Health. Recalling that Article 4 of Convention No. 81 requires placing labour inspection under the supervision and control of a central authority, the Committee requests the Government to provide further information on the manner in which the AEA reports to and is supervised by the central labour inspection authority, including the manner in which its inspection activities are coordinated with OSH inspection activities of the MoM. It also requests the Government to provide an organizational chart of the labour inspection system. In addition, recalling that, under Article 6 of the Convention, labour 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 improper external influences, the Committee requests the Government to provide information on the status and conditions of service of inspectors of the AEA and to indicate whether AEA inspectors are appointed in accordance with section 7 of the WSHA.

Article 7(3). Training for labour inspectors. The Committee takes note of the information provided by the Government, in reply to its previous request, that the MoM provides both initial and continuing training for inspectors. This includes a foundation programme as well as on-the-job training for new inspectors. The Government further indicates that specialist inspectors in the areas of WSHA undergo training in specific areas such as pressure vessel safety, crane safety, and occupational hygiene. The Committee notes this information.

Article 12(1). Investigation powers and the right of free access of labour inspectors to workplaces. The Committee previously noted the Government’s intention to empower labour inspectors under the EA to enter workplaces without previous notice through legislative changes. The Committee takes note of section 103(1)(aa) of the EA that empowers the Commissioner or any inspecting officer to enter without previous notice at any reasonable time any place of employment for the purpose of conducting any audit in relation to the terms and conditions of employment of any employee. Recalling that pursuant to Article 12(1)(a) labour inspectors with proper credentials shall be empowered to enter workplaces liable to inspection at any hour of the day or night, the Committee requests the Government to provide information on the implementation of section 103(1)(aa) in practice, including the proportion of unannounced inspections in relation to total labour inspections under the different statutory provisions.

Articles 20 and 21. Publication and content of an annual labour inspection report. The Committee notes the Government’s reference, in response to its previous request concerning the publication of annual labour inspection report, to the MoM and the Gazette websites. The Committee observes that these websites do not appear to contain statistics related to the labour inspection system and its activities. However, it takes due note of the Government’s indication that it will continue to consider publishing an annual report. The Committee requests the Government to pursue its efforts to publish and transmit to the ILO an annual labour inspection report, which covers all the subjects listed in Article 21 (a)–(g) of the Convention.