Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. With reference to its observation on this Convention, the Committee takes note of the Government's reports and the additional information provided in reply to its earlier comments and the copies of various regulations relating to the provisions of the Convention. However, the Committee notes that there is no copy of Legislative Decree No. 112 (general conditions of service of public servants), under the terms of which inspectors may not have any direct or indirect interest in the undertakings under their supervision, attached to the report, as the Government had indicated. The Committee would be grateful if the Government would provide a copy of this text with its next report.

2. The Committee notes with interest that according to Decree No. 5106 of 27 April 1994 concerning the number, qualifications and distribution of posts of labour inspectors and their assistants, the number of inspectors' posts has been increased significantly and that three new social workers' posts have been created in the administrative departments responsible for inspection. The Committee also notes with interest that the posts that had originally been created within the central administration were transferred by Order No. 186/1 of 24 April 1997 to departments in the Province of Djebel Loubnen, and that Circular No. 29/2 concerning the appointment of labour inspectorate staff at the level of the central authority requires labour inspectors to produce an inspection report following any visit to an establishment, using the model report designed for that purpose.

However, the Committee notes that, despite its repeated requests during recent years, the ILO has not received copies of the annual inspection reports, publication and transmission of which are required under Article 20 of the Convention and the content of which is specified in Article 21. The Committee recalls that the Government had stated in an earlier report that application of the Articles in question would be facilitated by the relevant circular sent out to inspectors on 25 January 1995. The Committee hopes that the Government will be able to indicate in its next report the expected outcome and that copies of the annual reports will in future be transmitted to the ILO at the appropriate time.

3. On the basis of the extracts from a draft Labour Code that were published recently in the national press on the occasion of its submission to the Council of Ministers, the Committee takes note of provisions giving effect to Article 12, paragraph 1(a) and (c), of the Convention. With reference to paragraph 165 of its 1985 General Survey on labour inspection, the Committee wishes to draw the Government's attention to the advantage of a provision providing, in accordance with Article 12(b), for the right of inspectors to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. The Committee also notes that the draft Labour Code contains provisions giving effect to Article 13. The Committee requests the Government to keep the Office informed of the process of amending Decree No. 14900 concerning the powers of labour inspectors, which it referred to in its report as giving effect to Articles 12 and 13.

Noting that the draft Labour Code contains no provisions relating to proceedings and penalties for violations of provisions in force other than those relating to occupational health and safety (Articles 17 and 18), the Committee draws the Government's attention to paragraphs 253 to 257 of the aforementioned General Survey which address these questions and requests the Government to provide information on the manner in which effect is given to the above-mentioned Articles of the Convention. The Committee would be grateful if the Government would also provide a copy of the draft Labour Code referred to above or, where appropriate, the text finally adopted.