Observación (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee notes the Government’s report and the attached documentation, including Act No. 53/2003 of February 2003 issuing the Labour Code. It notes with interest the detailed information on the various activities undertaken by the labour inspectorate to combat child labour, which involve raising the awareness of all the parties concerned, including children themselves. Noting that agreements have been concluded between the labour inspectorate, public bodies and non-governmental organizations in this field, the Committee would be grateful if the Government would provide copies of these agreements.

The Committee further notes the comments made by the National Trade Union Bloc (BNS) on certain points relating to the application of the Convention, which were forwarded to the Government by the ILO on 12 January 2004, and the Government’s reply to these comments received on 23 April 2004.

1. Structure and operations of the labour inspectorate. The Committee notes that section 256 of the Labour Code provides that a special law shall regulate the establishment and organization of the labour inspectorate. However, it notes that Act No. 108 of 1999 and Government Order No. 767 of 1999 have not been repealed by the Labour Code. According to the information provided by the Government in its report, the restructuring of government institutions has already affected the labour inspectorate under the terms of Government Decisions Nos. 737 and 745 of 3 July 2003. The Government adds that, in the context of the project to strengthen the administrative capacity of the labour inspectorate, which forms part of the Consensus III programme undertaken in partnership with the Swedish Work Environment Authority, labour inspection methods have been reviewed in the light of European Union Directives. The Committee would be grateful if the Government would provide the Office with copies of Government Decisions Nos. 737 and 745 referred to above and keep it informed of any amendment of the texts governing the organization and operation of the labour inspectorate.

2. Articles 13 and 17 of the Convention. Powers of labour inspectors to issue orders and institute proceedings. According to the BNS, although the law establishes a series of penalties ranging from the imposition of a fine to the closure of the workplace, it claims that inspectors confine their action against employers in violation of the legal provisions relating to working conditions, including cases of repeat offences, to mere notifications which are without effect.

The BNS also deplores the fact that legal proceedings for violations relating to additional hours of work cannot be initiated due to the difficulties of obtaining proof and the pressure exerted upon workers in this respect.

The Government confirms that labour inspectors are empowered to impose fines on employers in breach of the legislation respecting hours of work and rest periods. However, it indicates that Act No. 53/2003 does not establish applicable penalties and that amendments to this Act will be proposed to supplement it in this respect. With reference to sections 20 to 24 of Act No. 108 of 1999 establishing and organizing the labour inspectorate, the Committee notes that fines are indeed established not only for any obstruction of the discharge of their duties by inspectors, but also to penalize violations of the provisions relating to conditions of work, and that infringements of occupational health and safety standards may, in the case of repeat offences, result in the offender being struck off the commercial register. In the absence of an annual report on the work of the inspection services, as required under Articles 20 and 21 of the Convention, the Committee does not have at its disposal relevant practical information enabling it to ascertain the real situation and scope of the allegations made by the BNS. It would be grateful if the Government would provide, firstly, statistical information on the exercise by labour inspectors of their powers as entrusted to them by the legislation that is in force to initiate legal proceedings and, secondly, to provide information on the nature of the proposed amendments to the legislation referred to in its report.

3. Article 15(c). Confidentiality of the source of complaints. With reference to the comments made by the BNS concerning the pressure that is allegedly exerted upon workers to prevent them seeking and obtaining adequate protection against the abuse of additional hours, the Government confirms that, in the absence of complaints, proceedings are not initiated in practice against the employers concerned. In this respect, the Committee draws the Government’s attention to the need to ensure full compliance by labour inspectors with the principle of the absolute confidentiality of the source of complaints to prevent those making complaints being exposed to the risk of reprisals by their employer. The Government is requested to provide information on the manner in which it is ensured or it is envisaged that it will be ensured in law and practice that those making complaints concerning abuses of additional hours are not exposed to such risks.

4. Article 18. Adequate penalties. The Government indicates in its replies to a previous comment by the Committee that the level of financial penalties applied to employers by labour inspectors for violations of the provisions of the legislation is not adjusted to take into account the inflation of the currency. In its General Survey of 1985 on labour inspection (paragraph 263), the Committee considered in this regard that it would be decidedly regrettable if employers preferred to pay fines because they found them more economical than taking often costly occupational safety and health measures or paying workers’ wages on time. For this reason, in the view of the Committee, where the penalty consists of a fine, the rate of the fine should be periodically reviewed, particularly in economic situations that are characterized by inflation. The Government is therefore requested to take measures to ensure that the legislation gives full effect to Article 18 of the Convention and to keep the ILO informed of any progress in this respect.

5. Article 11, paragraph 2. Professional travel allowances. Further to a previous request, and noting that, according to the Government, the amount of the allowances paid to labour inspectors for their professional travel is adjusted by the Ministry of Public Finance on the basis of fluctuations in the consumer prices of basic foodstuffs where they increase by over 10 per cent, the Committee would be grateful if the Government would provide a copy of the Decision of the Minister of Public Finances No. 1467/2002, referred to by the Government in its report on the application of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), as revising Order No. 543/1995 on the reimbursement of travel expenses and professional expenses to labour inspectors.

6. Articles 7, 10, 11, 20 and 21. Training of labour inspectors, results of inspection activities and annual inspection report. The Committee notes with interest the detailed information provided concerning the measures adopted to reinforce the training and facilities available to labour inspectors, including: the establishment of a further training and education centre by Decision No. 537 of 7 June 2001; the substantial increase in the number of labour inspectors (from 1,234 in 2001 to 1,482 in 2003); the purchase of professional materials (nine vehicles and 847 computers); the preparation of a manual for labour inspectors and the development of methods and strategies for controlling the health conditions of workers exposed to certain harmful chemical substances; the preparation of a good practice guide for employers for reducing the exposure of workers to harmful chemical agents; and an awareness-raising campaign on occupational risks. Also noting the number of inspection visits, the workplaces inspected and the number of workers covered during the period covered by the report, the Committee reminds the Government that, so that it can provide a basis for assessing the level of application of the Convention, this information should be supplemented by information on the other matters covered by Article 21 of the Convention and be presented, insofar as possible, in the manner advocated by the Labour Inspection Recommendation, 1947 (No. 81) (Part IV). It expresses the firm hope that the impact of the efforts made by the Government to strengthen the labour inspectorate can be made visible through the annual inspection report, the communication of which was announced by the Government.