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Labour Inspection Convention, 1947 (No. 81) - Singapore (RATIFICATION: 1965)

Other comments on C081

Observation

Direct Request

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Articles 3(1)(a), 8, 10 and 16 of the Convention. Functioning of the labour inspection system and number of labour inspectors. The Committee notes with interest the extension of the coverage of the Workplace, Safety and Health Act (WSHA) to all workplaces in Singapore, including factories, and the retail, entertainment, finance and education sectors among others, bringing 100,000 employers and 1.6 million employees under the purview of the Act as of September 2011. It nevertheless notes that the number of full-time inspectors working in the Occupational Safety and Health Division (OSHD) has slightly increased from 160 to 165, including 54 women, and still falls short of the target of 280 inspectors indicated by the Government in its 2006 report. The Committee notes the information provided by the Government regarding targeted occupational safety and health (OSH) inspections in the areas of Work-at-Height and Crane Safety, which in 2010 recorded 800 and 400 inspections, respectively.

The Committee also notes that the number of full-time inspectors working within the Standards Compliance Section (SCS) of the Labour Relations Workplaces Division has increased from 18 to 26, including six women. However, unlike in previous years, no statistical information was provided regarding the number of inspections in the field of labour relations. Nevertheless, the Committee notes that the Government continues to focus on investigation into complaints and salary defaults, as well as targeted enforcement in high-risk and low-wage sectors such as cleaning and security, while progressively expanding its focus on other sectors including food and beverage, logistics, retail and landscaping.

The Committee would be grateful if the Government would continue to provide detailed information on the functioning of the labour inspection system and in particular:

– its needs in terms of human resources both in the field of labour relations and OSH in the light of the number of workplaces liable to inspection and the number of workers employed therein and in the context of the extension of the WSHA and the expansion of the SCS responsibilities into other sectors;
– the number of inspections carried out and their outcomes (violations detected, proceedings initiated and outcomes with reference to the relevant legal provisions) as well as the number of penalties effectively enforced.

Articles 3(1)(b), 5(a) and (b), 9 and 13. Cooperation with other public institutions, the social partners and technical experts in the area of prevention and advice. The Committee notes the information provided by the Government on the Business Under Surveillance (BUS) programme, and the BUS team which, according to the Government, helped in 2010 to address the systemic weaknesses of more than 60 companies and indirectly brought about better OSH performance from hundreds of subcontractors and vendors. The Committee would be grateful if the Government would provide further detailed information on the structure and organization of the BUS programme and its role within the larger labour inspection system as well as its impact on compliance with OSH legislation in individual sectors and workplaces.

The Committee notes moreover with interest the information provided by the Government on the promotional and educational activities of the Tripartite Alliance for Fair Employment Practices (TAFEP) concerning rights and obligations under the Employment Act as well as the adoption of tripartite guidelines and advisories, including on responsible outsourcing practices. The Committee would be grateful if the Government would continue to provide information on the activities of the TAFEP and their impact on labour law compliance.

Article 12(1). Investigation powers and the right of free access of labour inspectors to workplaces. Further to its previous request, the Committee notes that according to the Government, even though section 103(1)(a) of the Employment Act, as amended, is less prescriptive than before, the intention remains that labour inspectors retain the power to enter any premises without prior notice at any hour of the day or night (as previously explicitly provided in section 103(1)(a) of the Employment Act). The Committee requests the Government, in the absence of any explicit provision authorizing labour inspectors to enter and search premises without prior notice, to indicate the measures taken or envisaged to reinstate this prerogative to labour inspectors, in line with the provisions of Article 12(1).

The Committee notes the Government’s clarification that section 103(1)(c) of the Employment Act as amended expands the coverage of the earlier provision to authorize inspecting officers to require any person, including employees, to produce identity documents and answer questions under the Employment Act which, the Committee understands, includes identity control in the context of verifying the employment relationship. However, the Government states that it is not in a position to provide the data requested by the Committee on the number and nature of the actions taken by labour inspectors in case of irregular employment relationship found on the occasion of identity control, as the Ministry of Manpower does not track this data.

Referring to its General Survey of 2006 on labour inspection (paragraphs 75–78), the Committee recalls that Convention No. 81 does not contain any provision suggesting that any workers be excluded from the protection afforded by labour inspection on account of their irregular employment status. The primary duty of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers and not to enforce immigration law. To be compatible with the protective function of labour inspection, the verification of the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers. Furthermore, since the human and other resources available to labour inspectorates are not unlimited, the major role sometimes assigned to labour inspectors in the area of illegal employment would appear to entail a proportionate decrease in inspection of conditions of work. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the activities of the labour inspectorate targeted at verifying the employment relationship of foreigners do not prejudice the exercise of its primary duty to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers, and to describe the role of the labour inspectorate, along with the justice system, in ensuring the discharge of the employers’ obligations with regard to the statutory rights of foreign workers found to be illegally employed, such as the payment of wages and any other benefits owed for the work performed in the framework of their employment relationship, including where the workers in question are liable to expulsion or after they have left the country.

Articles 20 and 21. Annual reports by the central authority on the work of the inspection services. The Government indicates in its report that it will consider the Committee’s previous request to ensure that annual inspection reports deal not only with OSH but all the areas covered by the labour inspection services. The Committee once again requests the Government to keep the Office informed of any progress made in relation to this question so that annual inspection reports deal not only with OSH, but all the areas covered by the labour inspection services, as provided in Articles 20 and 21.

Noting moreover the Ministry of Manpower’s development of the IOSH and Employer Relationships, Industry Knowledge, Analysis (ERIKA) management systems, the Committee requests information on the impact of these systems on the preparation of an annual report containing full information on the subjects listed in Article 21(b)–(g).