Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 10 of the Convention. Structure and human and material sources of the labour inspectorate. The Committee notes that, according to the Government, the labour inspection system is to be strengthened by the opening of a third branch, located on Sal, to cover the islands of Sal and Boa Vista. The inspectorate staff is composed of seven labour inspectors. The Committee notes with interest that they have received special training, particularly in the area of civil construction, and that their numbers should shortly be increased by a further 13 inspectors, five of whom are already in initial training. Furthermore, the acquisition of a third vehicle in 2010 should facilitate visits to the establishments and workplaces liable to inspection.

However, in the absence of any information on inspection activities and their results, the Committee is not in a position to ascertain the extent to which the Convention is applied. It reminds the Government that the effectiveness of labour inspection depends largely on the commitment of the public authorities to the effective implementation of measures to attract and retain a sufficient number of qualified and motivated staff (General Survey of 2006, paragraph 173), but also on the availability of the resources inspectors need in order to perform their duties (General Survey of 2006, paragraph 238). The Committee requests the Government to continue to provide information on developments in the size and qualifications of the labour inspectorate staff, the resources and transport facilities made available to them and also on progress in the project to open up a third branch of the labour inspectorate, and on the practical impact of the structural and material measures implemented to strengthen the inspection system.

The Government is asked to provide information on the specific impact that the training of inspectors has had on the construction sector in terms of reducing the number of industrial accidents and instances of occupational disease.

Article 3(2). Additional duties of labour inspectors. The Government states that the Labour Code adopted in 2007 makes no change to the duties of labour inspection and does not expressly assign conciliation and mediation duties to labour inspectors. However, the Committee notes that, in accordance with section 387(1) of the Labour Code, in the event of a dispute between an employer and a worker, the labour inspectorate attempts conciliation between the parties. The Committee points out that, under Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), the functions of labour inspectors should not include that of acting as conciliator or arbitrator in labour disputes, and emphasizes that the primary role of labour inspection is to ensure observance of the legal provisions governing working conditions and the protection of workers while engaged in their work, and that, under the terms of Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee requests the Government to indicate the measures taken to ensure that any conciliation or mediation duties undertaken by labour inspectors in the event of a dispute between an employer and a worker do not interfere with the discharge of their primary duties. In support of its reply, the Government is asked to provide information showing the ratio of conciliation and mediation activities to the duties of inspection and of informing workers and employers, during the period covered by the next report.

Article 14. Notification of cases of occupational disease. The Committee notes that pursuant to section 7(2) of Decree No. 90/97 of 31 December 1997, labour inspectors are notified of industrial accidents involving leave from work of more than three days but that, contrary to Article 14 of the Convention, they are not informed of cases of occupational disease. In replying in its previous report to comments made by the Commercial, Industrial and Agricultural Association of Barlavento (ACIAB) to the effect that cases of occupational disease should, like industrial accidents, be notified to the labour inspectorate, the Government indicated in its previous report that the legislation would be supplemented to this end in the context of the adoption of the new Labour Code. However, according to the information supplied in its latest report, there has been no change in the rules on the notification of industrial accidents and cases of occupational disease to the labour inspectorate, but that the matter is under examination. The Committee asks the Government to ensure that legislative or regulatory measures are taken promptly to ensure that, in accordance with Article 14, information on cases of occupational disease, like that on industrial accidents, is sent to the labour inspectorate. The Government is asked to report on this matter, providing any relevant documents.

Article 15(a). Professional secrecy. The Committee notes that an amendment is being prepared to the provisions binding labour inspectors to professional secrecy both while they are serving and after they have left the service. It requests the Government to state in its next report whether the planned amendment has been adopted and, if so, to provide a copy of it. If not, the Government is asked to take measures promptly to secure such an amendment and to keep the Office informed.

Articles 20 and 21. Publication and communication to the ILO of an annual report. The Committee once again notes that, despite the Government’s undertaking to ensure that an annual inspection report is published shortly, no such report has been received by the Office. The Committee invites the Government to refer, in this connection, to paragraphs 320–328 of its General Survey of 2006 on labour inspection, and asks the Government to take the necessary steps to produce such a report, to seek technical assistance from the Office if necessary, and to provide information on any progress made or any difficulties encountered.