Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 81) sur l'inspection du travail, 1947 - Angola (Ratification: 1976)

Autre commentaire sur C081

Observation

Demande directe

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The Committee notes the observations of the National Union of Angolan Workers (UNTA) received in 2019, which include reference to responsibilities under Articles 6 and 11(1)(a) and (b) of the Convention.

Article 3(2) of the Convention. Additional functions assigned to labour inspectors. 1. Mediation. The Committee previously noted that section 275 of the General Labour Act entrusted labour inspectors with the function of mediating disputes between employers and workers. It noted from the annual report on labour inspection of 2016 that the number of mediation requests had increased significantly and that 4,454 requests had been received. The Committee notes that the Government does not provide information on this matter in its report. The Committee recalls that, in accordance with 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, as defined in Article 3(1). Consequently, the Committee once again requests the Government to provide information on the time and resources of the inspection services spent on mediation, in relation to their primary duties as defined in Article 3(1) of the Convention.

2. Immigration. In its previous comments, the Committee noted that the annual labour inspection reports 2014 to 2016 contained information on the number of foreign workers, disaggregated between residents, non-residents and refugees. It also noted that the labour inspection report of 2016 stated that one of the most significant issues that arises in the course of the inspectorate’s work is the procedure for hiring of non-resident workers. The Committee notes that the Government does not provide information on this matter. Consequently, the Committee once again requests the Government to provide further information on the role of labour inspectors with regard to the monitoring of the immigration status of foreign workers.

Article 6 Inspection staff composed of public officials. In its previous comments, the Committee noted the Governments’ indication that in general labour inspectors have the same status as public servants. The Committee notes the observations of the UNTA that the functioning of the labour inspectorate remains weak due to the low wages that inspectors receive. The Committee requests the Government to provide information on the measures taken or envisaged to improve the conditions of service of labour inspectors, particularly related to remuneration and career prospects. In this respect, the Committee requests the Government to provide information on the salary, benefits, and career prospects of labour inspectors, disaggregated by senior technical, technical, and deputy, in comparison to public servants exercising similar functions within other government services, such as tax inspectors and police.

Articles 10 and 11(1)(a) and (b). Human and financial resources, means of action and transport facilities available to the inspection services. The Committee notes that the UNTA refers to a reduced number of labour inspectors to cover a high number of enterprises as well as insufficient means of transport.

The Committee also notes the Government’s indication, in response to the Committee’s previous request, that the organizational structure of the General labour inspectorate includes both a Directorate (central services, including administrative bodies, support services and executives) and local offices pursuant to section 7 of the Organic Statute of Labour Inspection (OSLI). The Government indicates that the central authority, which oversees all work throughout the country, provides facilities or offices for the operations of the respective services. With regard to the geographical distribution of inspection offices, the Government indicates that, because the inspectorate operates through its local offices, there is one in each of the 18 provinces of the country. In addition, the Committee notes that the labour inspectorate currently has 277 inspectors for the country as a whole (a significant increase from the 144 noted in 2016), of which 56 hold management and executive posts, 130 are senior technical inspectors, 69 are Grade 3 technical inspectors and 22 are deputy inspectors. With regard to transport, the Government indicates that, although they are not sufficient, the labour inspectorate has its own vehicles with which to meet its transport needs during the discharge of its duties. Taking due note of the organizational and geographical distribution of the General labour inspectorate and local offices and the total number of labour inspectors, the Committee requests the Government to continue to provide information on the total number of labour inspectors as well as their grades and geographical distribution by province. In addition, the Committee requests the Government to provide information on specific actions taken to ensure that adequate material means are provided to inspectors for the performance of their functions throughout the territory, and that any costs incurred by inspectors in the performance of their duties are reimbursed. The Committee requests the Government to provide information in particular on the transport facilities available to labour inspectors in each province, and the total amount spent on travel allowances each year.

Articles 14 and 21(g). Notification to the labour inspectorate of industrial accidents and cases of occupational disease. The Committee previously noted that pursuant to section 13(2) of the OSLI, the Department of Safety, Hygiene and Health at Work ensures the collection, treatment and analysis of occupational accident and disease data as well as the preparation of annual statistical reports. It also noted that the labour inspection reports of 2015 and 2016 contained information on occupational accidents. The Committee notes the Government’s indication that pursuant to section 16 of Decree No. 31/94 of 5 August 1994 on the occupational safety, hygiene and health system, employers are required to notify the General labour inspectorate of industrial accidents and cases of occupational disease. In addition, it notes that fatal work accidents must be mandatorily reported to the competent judicial bodies within 24 hours after their occurrence. Lastly, the Committee notes that a violation of an employer’s duty to provide notification of industrial accidents and cases of occupational disease is punishable by a fine of up to ten times the average wage paid by the enterprise pursuant to section 31 of Decree No. 31/94. The Committee requests the Government to provide information on any violations of the employer duties identified above, and the amounts of any fines levied and collected as a result of those violations. The Committee also requests the Government to take measures to ensure that future annual labour inspection reports contain statistical information on cases of occupational disease, in conformity with Article 21(g).

Articles 20 and 21. Publication and communication of an annual report on labour inspection. The Committee notes that the annual report on the activities of the labour inspectorate has not been communicated since 2016. The Committee requests the Government to take the necessary measures to ensure that annual labour inspection reports are prepared, published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.