CMNT_TITLE

The Committee notes the information provided by the Government in reply to its previous comments. It refers to its comments under Convention No. 81 as follows:

Article 6, paragraphs 2 and 3 of the present Convention is dealt with under Article 3(2), of Convention No.81, as follows:

Article 3, paragraph 2. The Committee notes the Government's statement that the additional duties conferred on the inspectorate, particularly those under sections 122, 139 and 159 of the Labour Code, do not interfere with the effective discharge of the primary duties of inspectors. In the absence of published annual reports on the activities of the inspection service, the Committee is unable to appreciate how far the primary tasks of the inspectorate, which include securing the enforcement of the labour laws and regulations through inspections, are in practice being discharged. Please provide further details.

Article 14 under Article 10, ibid, as follows:

Articles 10 and 16. The Committee notes the information that the number of inspectors is not sufficient in comparison to the duties entrusted to them but that the Government is encouraging graduates of the National School of Administration to pursue careers in labour inspection. It notes with interest that 15 additional inspectors are currently undergoing training. Please continue to provide particulars on the measures envisaged to ensure adequate inspection visits take place.

Article 15 under Article 11, paragraph 1, ibid, as follows:

Article 11, paragraph 1. The Committee notes the practical difficulties encountered by the inspection services owing to lack of material means. It also notes the Government's commitment to provide such means as soon as finances permit. Please continue to provide details in this respect.

Article 18, paragraph 2(b) under Article 13, paragraph 2(b), ibid, as follows:

Article 13, paragraph 2(b). The Committee notes that the draft section 91.4 in paragraph 4 would when adopted amend the current section 128 of the Labour Code, empowering inspectors to give orders requiring measures with immediate executory force in the event of imminent danger to health or safety of the workers. Please provide full details of further developments in this regard.

Article 21 under Article 16, ibid, as follows:

Articles 10 and 16. The Committee notes the information that the number of inspectors is not sufficient in comparison to the duties entrusted to them but that the Government is encouraging graduates of the National School of Administration to pursue careers in labour inspection. It notes with interest that 15 additional inspectors are currently undergoing training. Please continue to provide particulars on the measures envisaged to ensure adequate inspection visits take place.

Articles 26 and 27 under Articles 20 and 21, ibid, as follows:

Articles 20 and 21. The Committee notes once again that the annual report on the work of the inspection services has not been received by the ILO. It wishes to underline the importance it attaches to the compilation, publication and transmission of such reports as required by these provisions of the Convention to enable the Committee to verify the implementation of the Convention. It trusts the Government will ensure, in future, that these reports, containing information on all the subjects listed in Article 21, will be published and transmitted within the time-limit established in Article 20.

The Committee requests further particulars on the following:

Article 2. The Committee notes that under sections 184 and 64 to 79 of the Labour Code and the provisions of Decree No. 65-124 of 2 April 1965, arbitration awards and collective agreements are considered subject to enforcement and obligatory. It would be grateful if the Government would provide further clarifications as to whether labour inspectors are specifically entrusted with the tasks of enforcing such awards and collective agreements in addition to enforcing laws and regulations.

Article 16, paragraph 2. The Committee would be grateful if the Government would provide indications of the provisions prohibiting unauthorized entries by labour inspectors into the private homes of operators of agricultural undertakings.

Article 17. The Committee wishes to draw the Government's attention to the particular requirements regarding the association of labour inspectors with preventive control activities in connection with new plant, new materials or substance and new methods of handling or processing products which appear likely to constitute a threat to health or safety (see also paragraphs 92-97 of its General Survey on Labour Inspection of 1985). It would be glad if the Government would indicate any measures taken or proposed in this regard.

Article 19, paragraph 2. The Committee notes the information provided but wishes to point out that section 86 of the Social Insurance Code is limited to requiring the inspector covering the scene of the accident to arrange for an inquiry into the case to take place and does not provide for a continuing association with such on-the-spot enquiries. Please provide full details of any steps taken to ensure the Convention is applied in this respect.