Observación (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

In earlier comments the Committee referred to an observation of 2002 by the Trade Union Federation of Haiti (CSH) asserting that the national legislation was satisfactory in terms of conformity with the Convention, but that the political will to apply it was lacking. In 2005, the Committee noted that the Government had announced a series of measures to re-establish inspection services throughout the country and had undertaken to send a detailed report of the application of the Convention. The Committee notes, however, that the Government’s report received in August 2008 contains only very general information on the work of the labour inspectorate showing that, although measures have been taken since September 2004 to reinforce the inspection services, in particular by appointing labour inspectors in the departments (with no indication of their number, much remains to be done to make the inspection services fully operational. The Government refers to a lack of resources indicating that it is virtually impossible for labour inspectors to carry out regular and routine visits and that they intervene in the workplace on a stopgap basis at the request of workers or employers to deal with specific problems and provide legal advice on the labour legislation. The Committee further notes that, according to the Government, the inspection system suffers from a lack of training and support in the field for technical management staff.

Measures needed for the establishment and operation of a labour inspection system. The Committee is aware of the difficulties facing the Government and the efforts that are needed to create the necessary conditions for applying the Convention and enabling the labour inspection system to perform effectively its primary duty, as set out in Article 3, paragraph 1, of the Convention, namely enforcing the legal provisions relating to conditions of work and the protection of workers while engaged in their work. It nonetheless reminds the Government that for this task to be fulfilled, it must be possible for workplaces to be visited as often and as thoroughly as necessary, in accordance with Article 16 and for inspectors to make visits with or without notice and not only at the request of the workers or employers. In this connection, the Committee draws the Government’s attention to the need to take steps to change the wording of section 411 of the Labour Code by deleting the expression “as necessary” in the first indent. Article 3, paragraph 1(b), of the Convention provides that supplying technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions is an ongoing function of the labour inspection system. The Committee also recalls that Paragraphs 6 and 7 of Recommendation No. 81 provide guidance on the methods that labour inspection staff might adopt to ensure that this duty is performed regularly and systematically.

With regard to the training needs of inspection staff, the Committee would like to point out that training should address not only methods and procedures for performing duties (inspections, advice on labour legislation, etc.), but also inspectors’ prerogatives (right to enter workplaces, authority to make or have made orders, establishing reports, etc.) and their obligations (probity, observance of confidentiality, etc.), as laid down in Articles 3, 12, 13 and 15 of the Convention. The credibility of inspectors in relation to employers and workers and, hence, the effectiveness of the inspection system as a whole, are contingent on the exercise of these powers and the observance of these obligations.

So that it can assess as accurately as possible the extent to which the Convention is applied, the Committee again asks the Government to provide in its next report detailed information on the application of the Convention in practice and on difficulties encountered. In particular, it would be grateful for details of any collaboration that exists with other government services and employers’ and workers’ organizations and the arrangements for such collaboration (Article 5), the status and conditions of service of inspectors (Article 6), measures taken for the training of inspectors at the time of recruitment and in the course of their employment (Article 7), inspection staff and the material and logistical resources at their disposal (Articles 8, 10 and 11), the exercise in practice by inspectors of the prerogatives set in Articles 12 and 13, the procedure for notifying work accidents and occupational diseases (Article 14), the coverage of inspection visits (Article 16) and the penalties imposed and enforced (Article 18). The Government is also asked to provide available statistics on the subjects set out in Article 21. So that it can assess the needs of the inspection services and set priorities taking into account the available human and material resources, the Committee encourages the Government to compile and maintain a record of industrial and commercial workplaces liable to inspection (number, activity, size and geographical location) and the workers employed therein (numbers and categories).

All the above information should enable the central inspection authority to identify the system’s strengths and weaknesses, assess its needs and submit a budget estimate for consideration by the competent authorities. Noting the request for technical assistance made by the Government, the Committee hopes that on the basis of this information it will be able to specify the purpose of its request and seek international financial aid as well in order to obtain the funds it needs to build the capacity of the labour inspection system.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.