Solicitud directa (CEACR) - Adopción: 2020, Publicación: 109ª reunión CIT (2021)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) - Seychelles (Ratificación : 2005)

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The Committee notes the observations of the General Employer Trade Unions of Seychelles (GETUS) received with the Government’s report.

Articles 7, 10, 11 and 16 of the Convention. Coverage and resources of the labour inspection system and training for labour inspectors. Following its previous comments, the Committee notes the observations of the GETUS proposing measures to increase local capacity to carry out inspection activities in order to increase the number of workplaces inspected and to ensure compliance. The Committee also notes the information provided by the Government in its report that the Employment Department continues to allocate resources to labour inspection. There is a specific programme for labour protection under the Department’s yearly budget, which covers the Labour Monitoring and Compliance Section, as well as the Industrial Relations Section. In addition, three labour inspectors have received trainings from the International Training Center of the ILO, and another is participating in a degree programme in occupational safety and health. The Committee further notes that, according to the Decent Work Country Programme 2019–2023, the Labour Monitoring and Compliance Section requires further capacity to maximize its effectiveness in its future labour inspections. With respect to the Committee’s previous request concerning the nature and extent of inspection activities within the International Trade Zone (ITZ), the Committee notes that, according to the 2018 Annual Report of the Financial Services Authority (FSA), the Licensing Unit of the ITZ Section under the FSA carries out regular visits at the premises of the ITZ licensed companies regarding employment matters, and deals with complaints or enquiries in this regard. The Government indicates that such inspections are normally carried out by two officers from the FSA and a representative from the Employment Department. It also indicates that there are 25 companies licensed to operate in the International Trade Zone, adding information on the nature and number of inspections carried out. The Committee requests the Government to continue its efforts to ensure that adequate resources are allocated to the labour inspection system in conformity with Articles 10 and 11 of the Convention. It requests the Government to provide information on the measures taken and the results achieved in this respect, particularly within the framework of the DWCP 2019–2023. In this regard, the Committee requests the Government to provide information on the number of inspectors in the Labour Monitoring and Compliance Section of the Employment Department. Taking due note of the training undertaken by inspectors, the Committee requests the Government to continue to provide information on the training received, including the frequency, duration, subject matter covered, and number of participants. Lastly, it requests that the Government provide information on the number of workers in the Seychelles International Trade Zone, and to continue to provide information on the number of inspections carried out in the ITZ, indicating the specific manner in which inspectors from the Employment Department participate in such inspections including their assigned duties or responsibilities.

Article 14. Notification of industrial accidents and cases of occupational disease. Following its previous comments, the Committee notes the observations of the GETUS that, with a view to ensuring the reporting of occupational accidents and diseases, there is a need to have a clear regulation and enforcement by the Labour Monitoring and Compliance Section, with the application of penalties in the case of non-compliance.

The Committee notes the Government’s statement that labour inspectors continue to sensitize the employers during inspection activities on the requirement to notify the labour inspectorate of any occupational accidents. In 2018, 71 occupational accidents were reported. However, occupational diseases are not currently being recorded. The Government states that the major challenges are diagnosing a disease as occupationally related, and that there is a need to improve the capacity of the Occupational Safety Clinic of the Ministry of Health as they are crucial in diagnosing occupational diseases based on an employee’s medical history. The Government also indicates that notification of occupational accidents and diseases are main priorities under the Occupational Safety and Health (OSH) policy developed in 2017 and that the OSH Decree is currently being reviewed, which is an opportunity to ensure the compliance with the Convention. It is also a priority in the periodical reconstitution of the Occupational Safety Board to strengthen and harmonize the recording system of occupational accidents and diseases. The Committee requests the Government to take the necessary measures to ensure the notification to the labour inspectorate of both occupational accidents and diseases, as required by Article 14 of the Convention, and to provide a copy of any regulations or guidelines adopted in this respect. It also requests the Government to continue to provide statistics regarding occupational accidents and diseases. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Article 15(c). Confidentiality of complaints. The Committee previously noted the Government’s indication that it would consider including a provision on confidentiality of the source of any complaint in the review of the OSH Decree. In this respect, the Committee notes the Government’s indication that the review of the OSH Decree is ongoing. The Government indicates that, in the absence of a specific provision on confidentiality, new labour inspectors are briefed during in-house trainings on the importance of keeping sources of complaints confidential and on how to proceed with an inspection upon the receipt of a complaint. The Government further indicates that anonymous complaints can be considered for investigation based on the nature of the complaint. Additionally, upon recruitment, all officers of the Employment Department, including labour inspectors, sign a confidentiality declaration to ensure that information they come across during their employment is not divulged to any third party. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that labour inspectors treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, and also that inspectors give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint, in conformity with Article 15(c) of the Convention. The Committee also requests the Government to consider including a provision on confidentiality of the source of any complaint during the review of the OSH Decree. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Articles 17 and 18. Effective enforcement of appropriate penalties in the event of violation of the legal provisions. The Committee notes the Government’s indication in its report that between 2014 and 2019, no penalties have been imposed on any employers or other individual for the violation of OSH legislation. Three cases, related to occupational accidents, were referred to the Magistrate Court for violations, but these cases were then dismissed or resulted in acquittal. The Committee requests the Government to provide further information on the application of adequate penalties for violations of the legal provisions enforceable by labour inspectors, including specific information on the OSH cases previously referred to the Magistrate Court and the reasons for their dismissal or acquittal. It also requests the Government to provide information on the nature and number of violations detected in the course of inspections, any subsequent penalties applied, and the results of any cases referred to the courts.

Articles 20 and 21. Publication and communication to the ILO of an annual general report on the work of the inspection services. Following its previous comments, the Committee notes the Government’s indication that the Employment Department forwarded its annual general reports on the work of the inspection services for the year of 2016, 2017 and 2018 to the Office. The Government also states that the Ministry is reviewing the labour market information system (LMIS), which is currently in its second phase. The first modules being reviewed in this phase are data collection tools, forms and checklists used by the labour inspection. It is anticipated that more data will be collected with the revised forms for statistical production. The Committee encourages the Government to pursue its efforts to ensure the preparation and transmission of the annual labour inspection report, containing all the information outlined in Article 21(a)–(g). The Committee requests the Government to provide information on the publication of the annual report, in accordance with Article 20(1) of the Convention.