Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Also referring to its observation, the Committee notes the Government’s report and the information provided in reply to its previous comments, as well as the annual activity reports of the labour inspectorate for 1999 and 2000.

Article 3, paragraph 1(a) of the Convention. The Committee notes that the legal provisions which are under the supervision of the General Labour Inspectorate are contained in various legal texts: for occupational safety and health, in section 36(3) of the Act on safety and health at work and section 4(1) of the Decree of May 2000 respecting the General Labour Inspectorate Executive Agency (EAGLI), for all sectors and irrespective of the legal status of enterprises; and in the field of training, qualifications, changes in and termination of the employment relationship, the minimum wage and other components of remuneration, rest periods and leave, in the provisions of the amended Labour Code (No. 25/2001). Under the terms of section 4 of the above Decree, the material scope of the General Labour Inspectorate covers occupational safety and health and, in accordance with a general formulation, "legal relations". The Government is requested to indicate the meaning of this expression and to state whether it refers to these provisions of the Labour Code, in which case explicit reference should be made to these provisions in the implementing texts; or whether it consists of fields that are not already covered and, in this case, these fields should be defined.

Article 5(b). The Government cites amongst the measures taken on a tripartite basis, following the conference organized jointly with the ILO in Bistritsa in 1998, the conclusion of agreements for coordination and cooperation with other bodies of the executive authority (the National Social Security Institute, the National Employment Service, etc.); intensifying the implementation of significant undertakings related to occupational safety and health and taking into account the opinions and proposals of the regional councils and the National Council on Labour Conditions in the preparation of annual labour inspection plans. The Committee would be grateful if the Government would provide copies of any relevant text.

Articles 6, 8, 9 and 10. The Committee notes the distribution by sex of the staff of labour inspectors (187 men and 152 women). The Committee notes that 70 per cent of the inspectors in the general inspection system have a high level of education and professional experience in the respective specialities. Under the terms of section 15(4) of the Decree of May 2000 referred to above, the Executive Director of the EAGLI may appoint assistants as external labour inspectors to carry out supervisory activities and may define their specific powers. The Committee would be grateful if the Government would: indicate the distribution of men and women inspectors by grade and speciality; provide information on the manner in which inspection visits are carried out in the establishments requiring supervision in the various technical fields (electricity, mechanics, chemistry, ergonomics, etc.) by specialized inspectors in each discipline; and, finally, provide any available information on the conditions and circumstances under which external assistants to the EAGLI may be appointed to discharge supervisory functions.

Articles 12 and 15. Emphasizing the importance which should be attached to inspection visits being unannounced in order to guarantee their effectiveness, and noting the detailed provisions relating to the organization of the EAGLI’s activities (sections 18 to 29 of the Decree of 2000 respecting its establishment and operation), the Committee would be grateful if the Government would indicate the manner in which it is ensured that labour inspectors are empowered to enter freely any workplace liable to inspection and are free to decide whether to notify the employer or her or his representative of their presence during an inspection visit (Article 12, paragraphs 1(a) and (b) and 2). The Government is also requested to indicate the manner in which it is ensured that labour inspectors treat as absolutely confidential the source of any complaint bringing to their notice a defect in an installation or a breach of legal provisions and that they shall give no intimation to the employer or her or his representative that a visit of inspection was made in consequence of the receipt of a complaint (Article 15(c)).

Article 16. The Committee notes that the number of inspection visits to workplaces increased substantially between 1997 and 2000. However, it notes a remark in the annual inspection report for the year 2000 indicating that this increase in quantity was accompanied by a decline in the quality of inspection visits. The Committee notes that in 2000, some 5.7 per cent of workplaces liable to inspection were in practice inspected. With reference to the assessment contained in the report for 1999, according to which the registration of employment contracts takes up too much of the working time of the labour inspectors and noting that, in accordance with section 5 of the Decree of May 2000, the General Labour Inspectorate shall not be entrusted with activities that could hinder the execution of its powers, the Committee requests the Government, as it recommended in its 1985 General Survey on labour inspection (paragraph 248), to take measures to ensure that labour inspectors can devote most of their working time to actually visiting enterprises, rather than doing sedentary office work.

Articles 17 and 18. The Committee notes, in the report on the results of labour inspection activities for the year 2000, that 307 workers were dismissed for disregarding the rules respecting working conditions related to safety and health and for inadequate qualifications. The Committee would be grateful if the Government would provide indications on the role of labour inspection in the decision-making procedures leading up to these dismissals, as well as information on the manner in which effect is given in practice to section 7(14) of the Decree of 2000 respecting the EAGLI, which provides that the Executive Director of the General Labour Inspectorate Executive Agency issues punitive sanctions after statements by General Labour Inspectorate officials.