Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee refers to its observation in which it notes for the third time running that the Government has provided no information in response to its previous comments. The Committee is therefore bound to renew its request, which read as follows:

        Article 6 of the Convention. With reference to section 244 of the Labour Code, which gives effect to this provision, and with reference also to the information contained in successive reports of the Government on the material difficulties faced by the labour inspectors, the Committee notes that the labour inspectors have demanded greater independence in carrying out their duties. The Committee therefore requests the Government to inform the ILO of any measures taken or planned with a view to giving effect in practice to this provision.

        Article 7. Noting the detailed information provided by the Government concerning the different levels of recruitment of labour inspectors and senior inspectors, the Committee would be grateful if the Government would indicate in its next report the texts governing the initial and subsequent training of these two categories of personnel and to provide copies.

        Article 10. The Committee would be grateful if the Government would indicate the measures taken or planned to boost the number of labour inspectors which are considered to be below strength.

        Article 11(2). The Committee requests the Government to provide information in its next report on the measures taken to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the fulfilment of their duties.

        Article 12(1)(a). The Committee notes with interest that under the terms of section 237 of the Labour Code, labour inspectors, in accordance with paragraph 1(b) of this provision, are empowered to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. However, with reference to section 1 of the Labour Code, which defines the worker as any person who has undertaken to place his or her professional activity under the direction or authority of another person in return for remuneration, irrespective of the legal status of the employer or employee, the Committee notes that, according to section 237 of the Labour Code, only the employment of persons who are legally protected is liable to unannounced inspection by day or night, employment at night of persons who are not legally protected, even if they are covered by the definition given in section 1 of the Labour Code, being excluded from such inspections, in contravention of Article 12(1)(a), which makes the workplaces themselves liable to inspection, irrespective of the status of the persons employed in them. The Committee hopes that the Government will quickly take the necessary measures to give full effect to this provision and asks it to keep the ILO informed of any progress in this regard.

        Article 14. The Committee notes the information according to which there are significant discrepancies between statistics on industrial accidents and occupational diseases provided for the social insurance bodies and those provided for the inspection services. The Government is asked to make every effort, in particular by establishing conditions for collaboration between the social insurance bodies and the inspection services, to ensure the reliability of the relevant statistical data, which is essential for the development of a strategy for preventing occupational hazards and for the correct application of social protection legislation.

        Article 16. The Committee notes the information according to which inspection visits are made in accordance with the means available to the inspectors. According to information provided by the Government and in the annual inspection reports that have been examined, the means in question are very inadequate in relation to needs. The Committee hopes that the Government will take the necessary measures to ensure that workplaces can be inspected as often and as thoroughly as necessary.

        Article 17. The Committee notes that, in accordance with the exceptions provided for in Article 17(1), according to which persons who violate or neglect to observe legal provisions enforceable by labour inspectors are liable to prompt legal proceedings without previous warning, but that exceptions may be made by national laws or regulations in respect of cases in which previous notice to carry out remedial or preventive measures is to be given, section 225 of the Labour Code stipulates that, with regard to occupational and health matters, infractions of general provisions must give rise to formal notice before any proceedings are initiated. With reference also to Article 17(2), according to which it must be left to the discretion of labour inspectors to give warnings or advice instead of instituting or recommending proceedings, the Committee notes that the practical implementation of section 235 of the Code, which lists the powers of the labour inspectors within the context of their overall task of monitoring the application of labour, employment and social security legislation and regulations, is to be the subject of a decree. The Committee hopes the Government will take the necessary measures when drafting this decree to give inspectors the latitude required by this provision of the Convention.

        Article 18. The Committee wishes to draw the Government’s attention to the fact that the penalties provided for by this provision should not, as provided for by section 227 of the Labour Code, apply only in cases where individual managers or employees have failed to comply with legislation or, as provided for by section 228, in case of accidents in workplaces where infractions have been reported. It should, on the contrary, be possible to apply penalties in all cases where the relevant legislation has been infringed, it being a matter for the competent administrative or judicial authorities to apportion responsibility for any violations and to assess the conditions in which they have occurred. Furthermore, it would be preferable if the amount of fines applicable were fixed by regulations, which can be revised more easily than legislation. The Committee hopes that the Government will take the necessary measures to ensure that the objectives of this provision can be attained and that it will provide information in its next reports on any progress made in this regard.

        Articles 20 and 21. The Committee notes with interest section 247 of the Labour Code according to which inspectors are required within a period of no more than one month to publish an annual inspection report giving the information set out in Article 21. The Committee requests the Government to take the necessary measures to ensure the effective application of this legislative provision and to see to it that a copy of the annual activity report of the labour inspectorate is in future transmitted to the ILO.

        The Committee duly takes note of the Government’s statements concerning the financial difficulties impeding the implementation of measures provided for by legislation to give effect to the Convention. However, the Committee would point out that the labour inspectorate is of fundamental importance for ensuring the application of labour standards and that it should be given the appropriate priority when budget decisions are made. The Committee hopes that the Government will be in a position to indicate in its next report any progress made in this area, and to indicate the measures taken or envisaged to ensure effective application of the relevant provisions of the legislation.

        Lastly, the Committee would be grateful if the Government would transmit copies of any regulations adopted to implement the new Labour Code as soon as they are published.