Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the Government's report, the information provided in reply to its previous comments, the legislative texts on the application of the Convention and the statistical documents attached in annex.

The Committee notes that a draft text to amend Ordinance No. 14900 of 2 July 1949 respecting the powers of labour inspectors is currently under examination by the Council of Ministers and it hopes that the Government will rapidly provide the Office with a copy of the definitive text or, if the amendment is not adopted, with information on the current status of the draft text.

Article 12(b) of the Convention. The Committee notes that by virtue of recent amendments to the draft Labour Code, labour inspectors would henceforth be authorized to enter freely and without prior notice at any hour of the day or night any workplace liable to inspection. However, noting the slowness of the procedures for the adoption of the draft Labour Code, and considering that the unexpectedness of inspections of workplaces is one of the requirements for their effectiveness, the Committee considers that it is not indispensable for this provision to be given effect by a legislative text, but that it could be covered by regulations issued under the authority of the respective minister. It requests the Government to view the matter from this point of view and to provide full information on this subject, and on the progress made with the draft Labour Code.

Article 15. With reference to its previous comments, the Committee notes that, as public officials, labour inspectors are subject to the prohibition imposed by section 15 of Ordinance No. 112 of 1959, issuing the general conditions of service of public servants, from having any direct or indirect interest in the enterprises under their supervision or the supervision of the administrative unit of which they form part. In order to enable it to assess the extent to which the other provisions of this Ordinance apply to the staff of the labour inspectorate, the Committee would be grateful if the Government would provide it with a full copy of the text.

Articles 17 and 18. The Committee notes the explanations provided by the Government concerning the application of these Articles. It requests the Government to indicate whether reports of violations may be submitted by labour inspectors to the respective courts, or whether the initiation of legal action is the responsibility of a higher authority.