Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s statement that the information required for the report on the application of this Convention forms part of the report on the application of Convention No. 81. The Committee reminds the Government that article 22 of the ILO Constitution requires it to report on every instrument ratified. It points out that the work of the labour inspection system needs to be broken down by sector covered in order to ascertain its effectiveness and determine what needs to be done to improve it. The Government is therefore asked to provide in its next report the information required in respect of each part of the report form for this Convention, together with additional information on the following matters.

1. Articles 8, paragraph 2, 12, paragraph 1, and 13 of the Convention. Inclusion in the labour inspection system of occupational organizations and collaboration between the latter and the labour inspectorate. The Committee notes that according to section 371 of Labour Code No. 154-XV of 28 March 2003, trade unions, like the labour inspectorate, supervise application of the labour law and other relevant legal provisions. The rights and guarantees deriving from the performance of these duties are governed by sections 386 to 390 of the Labour Code. The Committee would be grateful if the Government would indicate how the supervisory activities referred to in the legal provisions are distributed in agricultural undertakings between the inspection services and the trade unions, and the practical arrangements for any cooperation between the two.

2. Article 9, paragraph 3. Appropriate training for inspection staff. Please indicate whether there is any plan for labour inspectors to receive appropriate training, in the course of their employment, for the duties they perform in agricultural undertakings. If not, the Committee hopes that measures will be taken to this end and that the Government will provide relevant information in its next report.

3. Article 15, paragraph 1(b). Transport facilities and refund of expenses. In view of the remote location of agricultural undertakings and the distance between them, the Government is asked to indicate how it ensures that labour inspectors have the necessary transport facilities to perform their duties.

4. Article 19. Notification of industrial accidents and cases of occupational disease, and association of inspectors with any on-the-spot enquiry into the causes thereof. The Committee notes that the legislation in force does not provide for notification to the inspectorate of industrial accidents in cases of occupational disease, but that such information is available at the Ministry of Health on request. The Committee asks the Government to take steps to ensure, as the Convention prescribes, that there is a requirement for the labour inspectorate to be notified of occupational accidents in cases of occupational disease in such cases and in such manner as the national laws or regulations prescribe, and for inspectors to be associated, as far as possible, with any enquiry on the spot into the causes of such accidents or diseases.

5. Annual inspection report. The Committee notes with interest that most of the information required by Article 27 is to be found in the Government’s report on the application of Convention No. 81. The Government is asked to take steps to ensure that, in future, such information appears separately in the general annual inspection report, in order to facilitate the central authority’s task of analysing and using the data in determining what most needs to be done to improve the working of the inspection system and to enable the Committee to ascertain to what extent the Convention is applied.