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Labour Inspection Convention, 1947 (No. 81) - Yemen (RATIFICATION: 1976)

Other comments on C081

Observation

Direct Request

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The Committee notes that the Government’s overdue report on Convention No. 81 has not been received. In light of its urgent appeal launched to the Government in 2022, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

The Committee also notes the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict.

Articles 2(1), 6, 10, 11, 12(1)(a) and (b) and 23 of the Convention. Labour inspections in the oil sector. The Committee previously noted the Government’s indication that it is endeavouring to promulgate a statute regulating work in oil companies, which would provide for: (i) the assumption of travel and accommodation costs of labour inspectors by the Ministry of Petroleum and the Ministry of Social and Labour Affairs (MOSAL); and (ii) the non-notification of oil companies regarding the timing of inspection visits. The Government further indicates that, in practice, travel costs of labour inspectors are assumed by the Government, but that oil companies are notified prior to inspection visits and requested to make arrangements for accommodation and food, in view of the lack of these amenities on the ground. Noting the absence of new information on the matter,the Committee requests the Government to provide information on the measures taken or envisaged to ensure that oil companies are not notified prior to inspection visits to ensure the effectiveness of inspections. While acknowledging the complexity of the situation on the ground, the Committee also asks the Government to indicate if further steps have been taken towards the adoption of the statute regulating work in oil companies.

Article 3(2). Additional functions entrusted to labour inspectors. In its previous comments, the Committee noted the Government’s reference to the role of labour inspectors in the conciliation of individual and collective labour disputes. In this regard, the Committee recalls paragraph 69 of its General Survey of 2006 on labour inspection, in which it emphasized that the primary duties of labour inspectors are complex and require time, resources, training and considerable freedom of action and movement, and that 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. With specific regard to functions exercised in the context of labour disputes, the Committee once again refers the Government to the guidance contained in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. Noting the absence of new information on this point, the Committee once again requests the Government to indicate the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties and, where appropriate, to take measures to relieve labour inspectors of conciliation duties so that they can resume their primary duties as defined in Article 3(1) of the Convention with a view to enabling them to carry out inspections in the highest possible number of industrial and commercial workplaces liable to inspection.

Articles 5(a), 17 and 18. Cooperation with the judicial authorities. The Committee had previously noted that the Government’s report does not provide the requested information on this subject. It recalls its general observation of 2007 on the importance of cooperation between the labour inspectorate and the justice system for the effective enforcement of legal provisions relating to conditions of work and the protection of workers. Noting the absence of new information in this respect, the Committee once again requests the Government to identify measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities (such as joint meetings to discuss practical aspects of cooperation, joint training on the procedural and material aspects of labour law and inspection procedures, the establishment of a system for the recording of judicial decisions accessible to labour inspectors, etc.).

Article 5(b). Collaboration with employers and workers or their organizations. The Committee had previously noted that the Government’s report does not provide the requested information concerning the measures taken for the active involvement of the social partners in labour inspection activities as recommended in the ILO labour inspection audit, conducted at the request of the Government in 2009. It also noted that the draft Labour Code, which was to be submitted to the Parliament, contained provisions for the collaboration with employers’ representatives. Noting the absence of new information on the matter, the Committee once again requests the Government to identify the measures taken or envisaged to promote effective collaboration between labour inspectors and employers’ and workers’ organizations (such as the development and implementation of related policies and strategies, and capacity building for the social partners through training and awareness-raising measures). It also requests the Government to provide information on the relevant provisions of the Draft Labour Code concerning the collaboration with employers’ representatives.

Articles 7. Recruitment of sufficiently qualified labour inspectors and their initial and subsequent training. The Committee previously noted the Government’s indication that amendments to the Labour Code require labour inspectors to have scientific qualifications and suitable experience in the areas of chemistry, law, medicine, technology and engineering. It also noted that the MOSAL is organizing training courses for new employees, with the support of the ILO and the Arab Labour Organization (for example, ten employees from the General Administration of Occupational Safety and Health received Occupational Safety and Health training in Egypt for a duration of ten days). The Government also indicated that it would do its utmost to provide further training opportunities to labour inspectors in the future. In this regard, the Committee also notes the information provided by the Government representative during the discussion at the 108th Session of the Conference Committee on the Application of Standards in June 2019, concerning the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), indicating the efforts to train inspectors on child labour issues. The Committee once again requests the Government to provide further information on the measures taken or envisaged to ensure that labour inspectors are adequately trained on a regular basis, both when they enter the service and during the course of their employment. The Committee also requests the Government to provide information on the training activities undertaken during the period covered by the next report (the subjects covered, the frequency of such training and number of participants, etc.).

Articles 3(1)(b), 13 and 14. Notification to the labour inspectorate of industrial accidents and cases of occupational diseases, and inspection activities aimed at their prevention. Noting the absence of information on this matter, the Committeeonce again requests the Government to provide information on any measures taken or envisaged for the development of a system for the notification, investigation and documentation of industrial accidents and cases of occupational disease as recommended in the labour inspection audit, including legislative measures to determine the cases, conditions and the manner in which the labour inspectorate must be informed of industrial accidents and cases of occupational disease.

Articles 2(1), 5(a), 10, 16, 19, 20, 21 and 23. Labour inspection reports. The Committee previously noted the Government’s indications that it was not possible, due to the political situation in Yemen, until the elections in February 2014, to undertake labour inspections in the regions. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed conflict in the country, the Committee once again requests the Government to take all the necessary steps to ensure that an annual inspection report is published and sent to the ILO within the time limits set by Article 20 of the Convention, containing the information required by Article 21(a)–(g).