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Repetition Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. In its previous comments, the Committee noted that, according to the Government’s report, the General Labour and Social Security Inspectorate (IGTSS) consisted of 16 inspectors and provided conciliation services for employers and workers for the settlement of disputes. It asked the Government to take measures to ensure that the primary duties of labour inspectors pertained to the supervisory functions set forth in Article 3(1) of the Convention. In its report, the Government states that one of the goals of the labour inspection system is to guarantee the application of legal provisions relating to working conditions and the protection of workers in carrying out their functions, and that it favours a pedagogical approach with a view to facilitating and promoting respect for labour legislation and occupational safety and health regulations. The Committee asks the Government to provide statistical information on the visits carried out by inspectors in the establishments that come under the requirements of the Convention and on their findings, as well as on the technical advice given to employers and workers and their impact on the application of the Convention. Articles 5 and 9. Effective cooperation between the inspection services and other government services and public or private institutions and cooperation between officials of the labour inspectorate and employers and workers or their organizations. In its previous report, the Government stated that the IGTSS sought technical support from other institutions when dealing with cases and fields in which it did not have the necessary competence. The Committee requested the Government to specify which institutions these were, to describe the mechanism and modalities of such cooperation and to send information on the coverage and results of such cooperation. In its latest report, the Government states that it receives technical support from the General Labour, Employment and Vocational Training Directorate, which clears up whenever necessary any misunderstandings of inspectors in their course of their work; from the National Social Security Institute; from the Centre of Occupational Medicine; and from the Bissau Faculty of Law. However, it is not in a position to provide more details concerning this cooperation for the moment. The Government adds that the IGTSS is sometimes confronted with situations requiring the court’s intervention to enforce the law. The Committee would be grateful if the Government would clarify the mechanism and modalities of such cooperation, as well as their coverage and impact on the exercise of inspection functions laid down in Article 3(1) of the Convention. Furthermore, drawing the Government’s attention once again to its general observation of 2007, the Committee asks it to provide information on measures taken or envisaged to ensure due diligence and substantive action by the judicial bodies on reports drawn up by labour inspectors and on proceedings brought directly by workers of their organizations. Moreover, the Committee requests the Government once again to submit information on any measures adopted or envisaged to promote cooperation between officials of the labour inspectorate and employers and workers or their organizations, as provided for under Article 5(b) of the Convention. The Committee also reminds the Government of the guidelines contained in Paragraphs 4 to 7 of the Labour Inspection Recommendation, 1947 (No. 81), on the forms this collaboration might take. Article 18. Adequate penalties that are effectively enforced. Referring to its previous comments on the appropriate nature of the penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing inspectors in the performance of their duties, the Committee notes the Government’s indication that the draft Labour Code provides for the amount of the fines to be in relation to the workers’ wage, which will still ensure they act as a deterrent. The Committee requests the Government to send a copy of the relevant provisions of the Labour Code once it has been adopted.
Repetition Articles 3(1), 7(3), 10, 11, 14 and 16 of the Convention. Functioning of the labour inspection system. The Committee notes that the application of the Convention faces significant and persistent challenges of a financial and material nature. It notes, for instance, that there are too few inspectors and that the General Labour and Social Security Inspectorate has inadequate means of transport. The Committee is also led to believe that the Government is not in a position to provide labour inspectors with adequate training for the performance of their duties, in accordance with Article 7(3) of the Convention. It notes, however, that the inspectors benefited from a number of training activities under the subregion’s technical cooperation framework pertaining to labour inspection structures and under the Community of Portuguese-speaking countries (CPLP). The Government also refers to difficulties inherent in gathering reliable data on industrial accidents and cases of occupational diseases, which may be attributed to the under-reporting of workers themselves. The Government is also trying to create conditions that will enable it to send on a regular basis the information available on each of the questions listed under Article 21 and in the format stipulated under Article 20, but it is encountering difficulties of various kinds and would therefore require the ILO’s technical assistance for this purpose. The Committee asks the Government to submit a formal request to the ILO for technical assistance with a view to drafting and publishing an annual inspection report, as provided for under Articles 20 and 21 of the Convention, and to envisage extending this request to the collection and recording of statistical information on industrial accidents and cases of occupational diseases, and to the establishment of a system to assess the labour inspection services, with a view to determining the measures to be introduced to improve its efficiency. The Committee requests the Government to submit in its next report information on any developments in this area.
Repetition Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. In its previous comments, the Committee noted that, according to the Government’s report, the General Labour and Social Security Inspectorate (IGTSS) consisted of 16 inspectors and provided conciliation services for employers and workers for the settlement of disputes. It asked the Government to take measures to ensure that the primary duties of labour inspectors pertained to the supervisory functions set forth in Article 3(1) of the Convention. In its report, the Government states that one of the goals of the labour inspection system is to guarantee the application of legal provisions relating to working conditions and the protection of workers in carrying out their functions, and that it favours a pedagogical approach with a view to facilitating and promoting respect for labour legislation and occupational safety and health regulations. The Committee asks the Government to provide statistical information on the visits carried out by inspectors in the establishments that come under the requirements of the Convention and on their findings, as well as on the technical advice given to employers and workers and their impact on the application of the Convention.Articles 5 and 9. Effective cooperation between the inspection services and other government services and public or private institutions and cooperation between officials of the labour inspectorate and employers and workers or their organizations. In its previous report, the Government stated that the IGTSS sought technical support from other institutions when dealing with cases and fields in which it did not have the necessary competence. The Committee requested the Government to specify which institutions these were, to describe the mechanism and modalities of such cooperation and to send information on the coverage and results of such cooperation. In its latest report, the Government states that it receives technical support from the General Labour, Employment and Vocational Training Directorate, which clears up whenever necessary any misunderstandings of inspectors in their course of their work; from the National Social Security Institute; from the Centre of Occupational Medicine; and from the Bissau Faculty of Law. However, it is not in a position to provide more details concerning this cooperation for the moment. The Government adds that the IGTSS is sometimes confronted with situations requiring the court’s intervention to enforce the law. The Committee would be grateful if the Government would clarify the mechanism and modalities of such cooperation, as well as their coverage and impact on the exercise of inspection functions laid down in Article 3(1) of the Convention. Furthermore, drawing the Government’s attention once again to its general observation of 2007, the Committee asks it to provide information on measures taken or envisaged to ensure due diligence and substantive action by the judicial bodies on reports drawn up by labour inspectors and on proceedings brought directly by workers of their organizations. Moreover, the Committee requests the Government once again to submit information on any measures adopted or envisaged to promote cooperation between officials of the labour inspectorate and employers and workers or their organizations, as provided for under Article 5(b) of the Convention. The Committee also reminds the Government of the guidelines contained in Paragraphs 4 to 7 of the Labour Inspection Recommendation, 1947 (No. 81), on the forms this collaboration might take.Article 18. Adequate penalties that are effectively enforced. Referring to its previous comments on the appropriate nature of the penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing inspectors in the performance of their duties, the Committee notes the Government’s indication that the draft Labour Code provides for the amount of the fines to be in relation to the workers’ wage, which will still ensure they act as a deterrent. The Committee requests the Government to send a copy of the relevant provisions of the Labour Code once it has been adopted.
Repetition Articles 5(a) and 9 of the Convention. Cooperation between the inspection services and other government services, public or private institutions, employers and workers. The Government states that the General Labour Inspectorate seeks technical support from other institutions when dealing with cases and fields in which it does not have the necessary competencies. The Committee requests the Government to specify the institutions from which the General Labour Inspectorate seeks assistance in the cases mentioned above, to describe the mechanism and modalities of such cooperation and to send information on the coverage and results of such cooperation. In addition, referring to its general observation of 2007, the Committee would be grateful if the Government would provide information on any measures taken to ensure due diligence and substantive action by the judicial bodies on violation reports drawn up by labour inspectors and on proceedings concerning the same issues brought directly by workers or their organizations. Lastly, the Committee requests the Government to indicate the measures taken to promote cooperation between officials of the labour inspectorate and employers and workers or their organizations.Article 14. Notification of the labour inspectorate of industrial accidents and cases of occupational disease. The Committee once again requests the Government to send the text adopted pursuant to section 56 of Decree No. 24 A/90 issuing Regulations on the General Labour and Social Security Inspectorate, which requires the employer to notify the General Labour Inspectorate of industrial accidents and cases of occupational disease, by sending a copy of the report transmitted to the National Insurance and Social Security Institute. The Committee would also be grateful if it would indicate the measures taken to ensure the collection of the relevant data for inclusion in an annual report, in accordance with Article 21(f) and (g) of the Convention. If this is not yet the case, the Committee requests the Government to take measures to that end, to keep the Office informed and to report any difficulties encountered.Article 18. Adequate penalties. The Government states that the amounts of fines are derisory, as they were set when the currency in use was still the peso. The Committee requests the Government to ensure that measures are taken so that the penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing inspectors in the performance of their duties are fixed in such a way as to retain their deterrent effect irrespective of monetary fluctuations, and to keep the Office informed of any developments in this regard.Article 19. Periodical reports. The Committee once again requests the Government to send copies, by way of example, of the quarterly reports on the inspection activities undertaken and the results achieved, which sectoral or provincial inspectors are required to submit to their superiors for examination under section 17(h) of the abovementioned Regulations. The Committee would also be grateful if the Government would supply information on the practical use made of the data contained in such reports.Articles 20 and 21. Publication and transmission of an annual report. The Committee once again requests the Government to take steps to fulfil the conditions, as prescribed by Article 20, enabling the publication and transmission to the ILO of an annual general report on the work of the inspection services, containing available information on each of the subjects listed in Article 21. The Committee draws the Government’s attention to the possibility of requesting technical assistance from the Office to that end.
Repetition The Committee takes note of the comments on the application of the Convention by the National Union of Workers of Guinea (UNTG–CS), sent with the Government’s report.Articles 3, 7, 10, 11 and 16 of the Convention. Comments by workers’ organizations. The UNTG–CS considers that it is necessary to build the financial, technical and material capacity of the inspection services so as to optimize the performance of their supervisory duties, and to reinforce the authority of the courts so that they in turn are in a position to ensure that the provisions are better applied.The Government indicates that the General Labour Inspectorate (IGT) is having serious difficulty in carrying out its functions: (1) the numbers of inspectors are too low; (2) their facilities are cramped and are therefore an impediment to the confidentiality needed for the proper discharge of the inspectors’ duties; and (3) only one vehicle is available, so inspectors lack the mobility they need to meet the demands of the labour market. The Committee also notes that, according to the Government’s report, the IGT consists of 16 inspectors and provides conciliation services for employers and workers for the settlement of disputes. The Committee is bound to stress in this connection that the main role of the labour inspectorate is to enforce the legal provisions on conditions of work and the protection of workers. It also points out that according to Article 3(2) of the Convention, if duties other than those set in this provision are entrusted to labour inspectors, they 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. Furthermore, the Committee draws the Government’s attention to the obligations laid down in Articles 7 and 11 of the Convention under which the competent authority shall make the necessary arrangements to furnish labour inspectors with adequate training for the performance of their duties, offices suitably equipped in accordance with the requirements of the service and accessible to all persons concerned, and the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist, and to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the performance of their duties. The Committee therefore asks the Government to take measures to ensure that the primary duties of labour inspectors pertain to the supervisory functions set forth in Article 3(1) of the Convention; and to ensure that measures are promptly taken to provide labour inspectors with adequate financial and material resources to cover their needs, including training, so that they may discharge their functions effectively. The Committee would be grateful if the Government would inform the Office of any such measures to this end, including in the context of international cooperation, and to point out any difficulties encountered. The Committee reminds the Government that it may avail itself of the technical assistance of the Office should it so wish.The Committee is raising other points in a request addressed directly to the Government.
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the Government’s brief report for the period January–September 2006 and the attached documents. The Government is requested to supply further information on the following points.
Article 5 of the Convention. The Committee requests the Government to indicate the steps taken by the competent authorities to promote: effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities (Article 5(a)); and collaboration between officials of the labour inspectorate and employers and workers or their organizations (Article 5(b)).
Article 6. Please indicate the manner in which effect is given to this provision, according to which the inspection staff must be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences.
Article 7. Please supply information on arrangements for, and the length and content of, initial training for labour inspectors at the time of their appointment and on the content of any subsequent training.
Article 8. Please state the proportion of women at each level of responsibility in the labour inspectorate and indicate whether special duties are assigned to men and women inspectors.
Article 9. Please indicate the measures taken, in accordance with this Article, to ensure that duly qualified technical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, are associated in the work of inspection, for the purpose of securing the enforcement of the legal provisions relating to the health and safety of workers and of investigating the effects of processes, materials and methods of work on the health and safety of workers. The Committee would be grateful if the Government would also provide copies of the texts serving as the legal basis for such collaboration and also give practical examples of the implementation thereof.
Articles 14 and 21. The Committee requests the Government to indicate the cases and the circumstances in which the labour inspectorate must be notified of industrial accidents and cases of occupational disease (declaration deadline, causes, extent of injuries, length of incapacity for work, number of casualties, etc.), pursuant to section 56 of Decree No. 24-A/90 on labour inspection regulations. It would be grateful if the Government would also indicate the steps taken to ensure the collection of relevant data for the inclusion thereof in an annual report in conformity with Article 21(f) and (g) of the Convention. If such is not yet the case, it requests the Government to take measures to this end, to keep the Office informed thereof and notify it of any difficulties encountered.
Article 18. The Committee notes that section 38(a) and (b) of the Labour Inspection Regulations provides for the imposition of penal sanctions on employers guilty of obstructing labour inspectors in the performance of their duties (section 186 of the Penal Code) and on anyone guilty of false testimony or false statements (sections 28 and 188 of the Penal Code). The Committee would be grateful if the Government would indicate the manner in which contraventions of the legislation concerning conditions of work and the protection of workers are penalized and send copies of the relevant legal provisions.
Article 19. Noting that, under section 17(h) of the Labour Inspection Regulations, inspectors are required to draw up and submit to their superiors for examination quarterly reports on the inspection activities undertaken and the results achieved, the Committee requests the Government to send copies, by way of example, of such periodic reports and supply information on the practical use made of the data that they contain.
Articles 10, 11 and 16. The Committee notes that the size of the inspection staff has not increased significantly for many years. It also observes that the working of the labour inspectorate is hampered by a severe shortage of resources, especially transport facilities, with inspectors being limited to operating within an area reachable on foot in certain cases. The Government is requested to indicate, if possible, the number and geographical distribution of industrial and commercial workplaces liable to inspection, and also the number of workers employed therein. If such data are not available, the Committee urges the Government to adopt measures quickly for registering these establishments and recording the numbers of workers employed therein by having recourse to all practical means, including the effective cooperation of any other competent body (commercial register, tax authorities, social security institutions, etc.), so as to have the necessary information for determining, in the context of the annual state budget, human, material and logistical resources for the labour inspectorate. The Committee hopes that the Government will keep the Office informed of all progress made to this end, and also of any difficulties encountered.
Articles 20 and 21. The Committee requests the Government to take steps to fulfil the conditions, as prescribed by Article 20, enabling the publication and transmission to the ILO of an annual general report on the work of the inspection services, containing available information on each of the subjects listed in Article 21 and presented as far as possible as recommended by Paragraph 9 of Recommendation No. 81, and to keep the ILO informed of all progress made in this respect. The Committee draws the Government’s attention to the possibility of requesting technical assistance from the ILO in order to give effect to these provisions and also to seek the necessary financial resources in the context of international economic cooperation.
International cooperation. The Committee notes the information supplied by the Government regarding the seminar on cooperation in the field of labour inspection which took place in August 2006 between the member States of the Community of Portuguese-Speaking Countries (CPLP). It requests the Government to indicate the action taken, if applicable, further to the conclusions and recommendations of the seminar, especially regarding the setting up of collaboration on the exchange of information and documentation, technical assistance with the drafting of supplementary legislation, devising of methods, and also cooperation with regard to initial and subsequent training for inspectors. With reference to a previous Government report concerning funding by the abovementioned organization for the training of more than 50 inspectors, the Committee requests the Government to provide further information on the implementation of this training, on the other cooperation activities under way or planned, and also on their impact on the results of labour inspections.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the Government’s report and the information it contains in reply to the Committee’s previous comments and requests the Government to continue to supply detailed information, particularly in regard to the following points.
1. Publication of an annual report. The Committee recalls that, by virtue of Article 20 of the Convention, an annual report on the work of the labour inspection services must not only be prepared, but also published within a reasonable time and transmitted to the ILO. The Committee requests the Government to attach copies of these annual reports to its forthcoming reports on the application of the Convention.
2. International cooperation and ILO technical assistance. With reference to its previous comments, the Committee notes with interest that the Government has obtained financing from the Community of Portuguese-speaking Countries for training more than 50 inspectors. The Committee requests the Government to continue to provide information on technical cooperation activities that are in progress or envisaged in regard to training of inspectors or with a view to revising the conditions of service of the General Labour Inspectorate.
Referring also to its observation, the Committee requests the Government to supply supplementary information on the following matters.
1. Legislation on industrial health and safety. The Committee notes the Government’s announcement in its latest report of a preliminary draft legislative decree on industrial hygiene, safety and health.
2. ILO technical assistance and training of labour inspectors. The Committee notes that the lack of financial resources prevents implementation of the programmes on initial and in-service training of labour inspectors and that a request for technical assistance in the matter has been addressed to the ILO. It hopes that this application will produce rapid results. In this regard, the Committee emphasizes that technical assistance is subject to measures of a formal nature being carried out with the competent services of the Office and that its effectiveness depends largely on active participation by the Government. The Committee trusts that the Government will demonstrate a firm commitment to work towards considerably improved means and operation of the labour inspection service in order to achieve the objectives of the Convention, that it will promote significant budgetary measures on the part of the competent national authorities to this end and will seek financial resources in an active and focused manner in the framework of international cooperation. The Government is requested to keep the ILO informed of progress in its request for technical assistance for the purpose of training inspection staff and to supply the available information requested in the report form on the Convention under Articles 4, 5, 10, 11, 14, 16 and 19.
The Committee notes the Government’s report and the information provided in reply to its previous comments. Noting the difficulties in the application of the Convention mentioned by the Government, it draws the Government’s attention to the following points.
1. Human and financial resources necessary for the operation of a system of labour inspection. The Committee notes the rudimentary nature of the labour inspectorate, both from the point of view of human resources and material and financial resources. It notes that the General Labour Inspectorate lacks the most elementary facilities for its operation, such as electrical current, appropriately equipped premises and transport facilities. The lack of human and material resources of the inspection services is compounded, according to the Government, by the shortcomings of the general legislation respecting occupational safety and health. Noting that a draft Labour Code was submitted to the competent technical services of the ILO for examination in 1998, the Committee would be grateful if the Government would provide information on the action taken with regard to the draft text.
2. ILO technical assistance and international cooperation. The Committee is grateful to the Government for the statistics provided, despite the major difficulties referred to above, particularly concerning the staff and activities of the labour inspection services, and the information concerning the recent adoption of new conditions of service of the General Labour and Social Security Inspectorate. It reminds the Government that, where the economic situation of the country does not allow the adequate implementation of the Convention, recourse to international cooperation and ILO technical assistance may help in improving its application. The Government is requested to provide information on any measures taken in this respect and on the results achieved, as well as a copy of the new conditions of service of the General Labour and Social Security Inspectorate.
The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Articles 10, 11 and 16 of the Convention. The Committee notes the information contained in the Government's report and the report on inspection activities for 1992. It notes in particular that the General Labour Inspectorate is composed of 14 officials, including one chief inspector and two labour inspectors, and that the premises of the inspection services are very small and do not provide acceptable conditions for the work of the staff of the inspectorate or for receiving members of the public. Furthermore, for reasons of an economic nature related to the lack of spare parts, only one car is available to the inspectors. The Committee also notes that 549 inspection visits were undertaken in 1992 and that the visits carried out by the occupational health and safety department were principally designed to inform, educate and guide workers and employers to assist them understand and give effect to the relevant technical standards. It hopes that measures to strengthen the resources of the labour inspectorate, including the recruitment of more inspectors, will be taken in order to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.
Articles 20 and 21. The Committee notes that the report on the activities of the inspection services provided by the Government refers to 1992 and contains information on the staff of the labour inspection service (paragraph (b)), the number of inspection visits (paragraph (d)), and the number of violations committed and the amount of the fines imposed (paragraph (e)). The Committee hopes that it will be possible to take measures in the near future to transmit to the ILO the annual inspection reports, containing all the data referred to in Article 21, within the time limits set in Article 20.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
Articles 20 and 21. The Committee notes that the report on the activities of the inspection services provided by the Government refers to 1992 and contains information on the staff of the labour inspection service (paragraph (b)), the number of inspection visits (paragraph (d)), and the number of violations committed and the amount of the fines imposed (paragraph (e)). The Committee hopes that it will be possible to take measures in the near future to transmit to the ILO the annual inspection reports, containing all the data referred to in Article 21, within the time-limits set in Article 20.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes with regret that no progress has yet been made with regard to the adoption of the draft Organic Act of the Ministry of the Public Service and Labour, the draft concerning the conditions of employment of the public service and the draft concerning the conditions of employment of the general labour inspectorate, which were to ensure that effect was given to most of the Articles of the Convention. It trusts that the Government will take the necessary measures to ensure that the above drafts are adopted shortly.
Articles 20 and 21 of the Convention. The Committee requests the Government to transmit the latest annual reports on the activities of the inspection services, even if they do not contain all the information required by Article 21. Furthermore, the Committee recalls that it attaches great importance to the publication of full annual reports and therefore repeats its request to the Government to take the necessary measures to give full effect to these provisions of the Convention.
The Government might wish to contact the competent services of the Office to obtain technical cooperation as regards the Convention.
With reference to its previous comments, the Committee notes with satisfaction the coming into force of the Regulations respecting the general inspectorate of labour and social security, approved by Decree No. 24-A/90, which give effect to Articles 1 to 7, 9, 12 to 15 and 17 to 19 of the Convention.
The Committee is addressing a request directly to the Government on a certain number of other matters.
The Government might wish to contract the competent services of the Office to obtain technical cooperation as regards the Convention.