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

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The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 3(1)(b) and (2) of the Convention. Labour inspectors’ duties in the area of occupational safety and health (OSH). The Committee previously noted that the labour inspectorate had planned to introduce a Safety Passport for every worker, which would include information on OSH skills and capacities, and the Committee requested information in this respect. The Committee notes the Government’s indication in its report in response that the Safety Passport will be introduced by the new Safety and Health Act, which has been approved by the Council of Ministers and the State Council, and submitted to the National Assembly. The Committee also notes that the Decent Work Country Programme (DWCP) of Suriname 2019–21 states that there are a number of challenges in the implementation of occupational safety and health; it is not possible to cover all sectors and areas with an understaffed labour inspection service, and that OSH standards are often not met, especially within the small-scale gold mining sector. To address the challenges, one outcome of the DWCP is the development of a labour inspection strategy, including specific procedures on enforcement of OSH laws. The Committee requests the Government to provide information on any developments regarding the adoption of the new Safety and Health Act, and to provide a copy once available. It also requests the Government to provide information on the development and implementation of the labour inspection strategy, including specific procedures on enforcement of OSH laws, within the framework of the DWCP 2019–21.

Article 7(3). Adequate training. The Committee notes the Government’s indication in response to its previous request on training, that trainings have been provided to labour inspectors on child labour and trafficking in persons. Moreover, the Ministry of Labour established a Transformation and Management Team (TMT) in 2018 entrusted with 19 tasks, including the development of training for labour inspectors. The TMT is currently preparing two training courses. However, the Government indicates that the general training of labour inspectors needs to be improved, and that newly recruited public servants need to receive training in order to be appointed as inspectors. There is also a need to train labour inspectors on the newly adopted labour legislation. In this respect, the Committee notes the information in the Government’s supplementary report that in 2019, a three-day training session on the new labour legislation was held for the labour inspectors. The Committee also notes that, according to the DWCP 2019–21, improvements in labour inspection will be done through training that will shift the quality of inspection from one that is focused on policing toward increased legal and regulatory compliance. Moreover, the ILO’s technical assistance and capacity-building in this area will include targeted training for labour inspectors on issues such as unfair dismissal, equality of treatment, violence in the workplace and sexual harassment, and forced labour and trafficking in persons. The Committee requests the Government to continue providing information on trainings provided for labour inspectors, including the subjects covered, the dates, and the number of participants for each training session. The Committee also requests the Government to provide information on the development of general training for labour inspectors and any further training courses on the newly adopted labour legislation.

The Committee notes the Government’s information that the TMT is taking measures to identify the human resources gaps and to prepare the recruitment of labour inspectors at all levels. In this regard, the Ministry of Labour established the recruitment and application commission to advise the minister on candidates for labour inspector vacancies. With regard to the transport expenses, the Government indicates that labour inspectors use their own vehicles for inspections and receive a monthly payment of 640 Surinamese dollars as a transport fee. The Council of Ministers has also approved the purchasing of five new pick-up trucks for the labour inspection. The Government further indicates that the TMT is in the process of facilitating the adoption of periodic inspection plan, which will provide data for further adjustments in transport facilities. The Committee also notes that, according to the DWCP 2019–21, the equipping and mandating of labour inspection services remains an area of urgency. The goal of the establishment of the TMT is to have a modernized, well-staffed, motivated and driven team with ample resources: trained inspectors, mobility and information communication technology (ICT) support to cover all areas within Suriname. The DWCP further states that the the Labour Inspection Unit will develop a strategy and an action plan to address the impact of scarce funding labour inspection services. The Committee requests the Government to continue providing information on the measures taken and results achieved, including in the context of the DWCP, to ensure the recruitment of a sufficient number of labour inspectors (Article 10 of the Convention) and the necessary arrangements to furnish labour inspectors with the transport facilities necessary for the performance of their duties (Article 11). In this respect, the Committee requests the Government to continue to provide information on the number of labour inspectors and their geographic distribution, as well as the specific transport facilities at their disposal. It also requests the Government to provide information on any progress made on the adoption of periodic inspection plans.

Article 14. Notification to the labour inspectorate of cases of occupational diseases. Following its previous comments requesting measures to ensure the notification of cases of occupational diseases to the labour inspectorate, the Committee notes the Government’s indication that the Ministry of Labour is preparing a proposal of a new Industrial Accidents Act, which will introduce some changes in the practice of notification of occupational accidents and diseases. The draft law was reviewed by the Labour Advisory Board and the Board’s opinion has been provided to the Ministry. The Committee further notes the indication in the Annual Labour Inspection Report, submitted with the Government’s supplementary report, that there were no occupational diseases notified for the period covered. The Committee requests the Government to provide information on any progress made regarding the adoption of the new Industrial Accidents Act with a view to ensuring that cases of occupational diseases are notified to the labour inspectorate, in compliance with Article 14 of the Convention, and to provide a copy once adopted.

Article 18. Penalties for violations of the legal provisions enforceable by labour inspectors. The Committee previously noted that the expeditious penal procedures introduced in the country in 2015 resulted in a much shorter cycle to complete penal proceedings with regard to violations of labour legislation and the imposition of fines, and it requested information on its impact.

The Committee notes the Government’s statement that the expeditious penal procedure is working well and that a steady number of cases are being brought to the courts following its operation. It also notes the information provided on the legislation for which violations were most commonly detected and the number of cases brought to the court. However, the Committee notes the Government’s information that the number of court cases for the first seven months of 2018 (21) declined substantially from the numbers for the same time period in each of the previous three years. The Committee requests the Government to provide information on the reasons for the substantial decline in court cases brought for labour violations, and on the application of adequate penalties for violations of legal provisions enforceable by labour inspectors in accordance with Article 18 of the Convention, including the relevant statistics, such as the number of contraventions detected, the number of cases submitted to court, and the outcome of the cases, including the number of fines imposed and paid.

Articles 20 and 21. Publication and communication of annual labour inspection reports. The Committee notes the Government’s indication that attention will be given to the capacity-building of the labour inspectorate in the DWCP 2019–21 in order to address the challenge of establishing the annual labour inspection report. In this respect, the Committee welcomes the Annual Labour Inspection Report covering 2019 until September 2020. The Committee requests the Government to continue to take measures to communicate annual reports of the labour inspectorate, in accordance with Article 20 of the Convention, ensuring that the annual report contains all of the subjects listed under Article 21(a)–(g) of the Convention.

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

Labour inspection: Convention No. 81

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 3(1)(a) and 5(b) of the Convention. The Committee further notes the Labour Inspection Act Amendment of 7 April 2017 (SB 2017 No. 39), amending the Decree on Labour Inspection (SB 1983 No. 42).

Article 3(1)(b) and (2) of the Convention. Labour inspection’s duties in the area of occupational safety and health (OSH). The Committee notes the Government’s indication in its report that the labour inspectorate has planned to implement the introduction of a new and uniform standard on noise and a Safety Passport for every worker. The Government indicates that the Safety Passport will include information on OSH skills and capacities, and will facilitate the assessment of OSH risks and the need for training and instructions in case of a new employer. In addition, the Government notes that the labour inspection services will collaborate with the ILO to implement an ILO OSH project in mining, aiming at the establishment of “mining schools”, following the completion of training manuals. The Committee also notes that, according to information from the ILO Decent Work Team and Office for the Caribbean, the Government is working with the ILO on an inspection manual for small artisanal mines. The Committee requests the Government to provide detailed information regarding the role and duties of labour inspectors in the establishment of the Safety Passport, and concerning the development of the inspection manual for small artisanal mines.

Article 7(3). Adequate training. The Committee notes the information provided by the Government regarding the different trainings provided for labour inspectors, including their scope, frequency, subjects and content, covering the fundamental Conventions of the ILO, OSH and other topics. The Committee requests the Government to continue to provide information on trainings provided for labour inspectors, including the dates and subjects covered for each training session and the number of inspectors or other persons attending each training session.

Articles 10 and 11. Sufficient number of labour inspectors and necessary arrangements for the performance of the labour inspectors’ duties. Application in practice. The Committee notes that the Government indicates that budgetary constraints hamper the full implementation of the Convention in practice, and that the labour inspectorate lacks sufficient qualified personnel, adequate housing and transport facilities to be present in the hinterland of the country. It requests the Government to provide information regarding the measures taken or envisaged to address the challenges identified, including any measures taken to ensure the recruitment of a sufficient number of labour inspectors (Article 10 of the Convention) and the necessary arrangements to furnish labour inspectors with the transport facilities necessary for the performance of their duties (Article 11).

Article 14. Notification to the labour inspectorate of cases of occupational diseases. In its previous comments, the Committee noted the Government’s indication that the legislative reforms, including plans to reform the Occupational Safety and Health Act (GB 1947 No. 142) (OSH Act) and the Decree on Labour Inspection (SB 1983 No. 42), would address the issues previously raised under Article 14 of the Convention. The Committee notes in this respect that the amendment by the Labour Inspection Act Amendment (SB 2017 No. 39) of the Decree on Labour Inspection (SB 1983 No. 42), now the Labour Inspection Act, is silent on the issue of notification of occupational accidents and diseases to the labour inspection services. The Committee also notes that the reform of the OSH Act is still ongoing. The Committee requests the Government to continue to provide information regarding the measures taken or envisaged to ensure that the labour inspection services are notified of industrial accidents and cases of occupational diseases, in accordance with Article 14 of the Convention.

Article 15(b). Professional secrecy. In its previous comments, the Committee had noted that the Decree on Labour Inspection did not provide for professional secrecy to be maintained after leaving the service. In this respect, the Committee notes with interest that the Labour Inspection Act Amendment (SB 2017 No. 39) provides in section 9 for the obligation of labour inspectors to maintain professional secrecy after leaving the service, with regard to what has come to their knowledge in the performance of their duties.

Article 18. Penalties for violations of the legal provisions enforceable by labour inspectors. The Committee notes with interest the information provided by the Government that the expeditious penal procedures introduced in the country in 2015 resulted in a much shorter cycle to complete penal proceedings with regard to violations of labour legislation and the imposition of fines. The Committee notes the statistics provided by the Government regarding the number of violations, recommendations of fines, the number of cases transmitted to courts and the number of fines paid. The Committee requests the Government to continue to provide information regarding the impact of the expeditious penal procedures on the application of adequate penalties for violations of legal provisions enforceable by labour inspectors, in accordance with Article 18 of the Convention, including statistics on the number of contraventions, court sessions concluded, and the fines imposed and paid.

Articles 20 and 21. Publication and communication of annual labour inspection reports. In its previous comments, the Committee noted the Government’s indication that, although relevant data was available, the publication of annual reports remained difficult because of the lack of officials tasked with the compilation of the reports. In this respect, the Committee welcomes the transmission of the annual report of the labour inspectorate for 2015, as well as the statistics provided by the Government regarding occupational accidents for the period 2012–15. The Committee notes the Government’s indication that the labour inspectorate keeps various records, including on occupational accidents and diseases. The Committee requests the Government to continue to prepare and communicate annual reports of the labour inspectorate in accordance with Articles 20 and 21 of the Convention, ensuring that the annual report contains all of the subjects listed under Article 21(a)–(g) of the Convention.

Labour administration: Convention No. 150

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 2 (delegation of certain activities to non governmental organizations); 3 (direct negotiations between workers and employers); 4 (labour administration system); 9 (parastatal, regional or local agencies); judicial decisions; and the application in practice of the Convention.

Article 5 of the Convention. Consultation, cooperation and negotiation between the public authorities and the most representative employers’ and workers’ organizations. In its previous comments, the Committee requested the Government to provide information on all entities that have a tripartite structure and on the measures taken to enhance consultations, negotiations or tripartite cooperation. The Committee notes the information provided by the Government regarding the functioning, activities and governing legislation of various entities, including the Labour Advisory Board (AAC), the National Board on Occupational Safety and Health (NRB), the National Commission on the Elimination Child Labour (NCUK), the Organized Consultation, the Foundation for Productive Work Units (SPWE), the Suriname Labour College (SIVIS), the Suriname Business Forum (SBF), the National Labour Mediation Council (BR), and the Dismissal Board (DB). The Committee notes that the AAC has a standing committee on issues regarding the ILO, and welcomes the establishment of the ILO Sub-Commission, a tripartite consultative body within the AAC, in 2015. The Committee also notes the Government’s indication, in response to the Committee’s request that no particular measures were taken to enhance consultations, negotiations or tripartite cooperation at the regional or local levels or in particular economic sectors. With regard to the AAC, the Committee refers the Government to its previous comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 6(2)(a). Preparation, administration, coordination, checking and review of national employment policy. The Committee previously noted the objectives of the Multi-Annual Development Plan for 2006–11 and requested information regarding the potential involvement of entities such as the AAC, the National Council for Employment or the Social and Economic Council in the development of the next Multi-Annual Development Plan. In this respect, the Committee notes the Government’s indication that the AAC was not engaged as such in the development of national labour policy or in the Multi Annual Development Plan for 2012–16, but that the advice that came out of its tripartite deliberations influenced the labour agenda determined by the Minister of Labour. The Committee refers the Government to its comments on the Employment Policy Convention, 1964 (No. 122).

Article 6(2)(b). Study and review of the situation of persons in relation to employment. The Committee notes the information provided by the Government, in reply to the Committee’s previous request, regarding the activities of the Labour Market Department (LMD), including the eight visits of the LMD to neighbourhoods with relatively high unemployment rates, in cooperation with the Foundation for Labour Mobilization and Development (SAO), the SPWE, and the elected local representatives. With respect to its previous request regarding the activities of the SAO, the Committee takes due note of the list of trainings provided, covering a broad range of areas. The Committee refers the Government to its comments on Convention No. 122.

Article 6(2)(c) and (d). Services available to employers and workers. With regard to its previous request for information on the activities of the BR, the Committee notes the Government’s indication that all the activities of the BR are based on the National Mediation Act and that it is strictly engaged in mediation and arbitration activities. The Government also indicates that, in the period 2011–14, the BR dealt with 45 cases. The Committee further notes the Government’s indication that the Suriname Arbitration Institute, an alternative dispute resolution mechanism primarily focused on disputes between entrepreneurs, was established in 2014. The Committee requests the Government to continue to provide information on the activities of the BR, including on the number of cases dealt with and the ways in which outcomes are reported for these mediation and arbitration cases.

Article 7. Extension of the functions of the system of labour administration to categories of workers who are not, in law, considered employed persons. In its previous comments, the Committee had requested the Government to provide information on any developments regarding the intention to extend labour administration activities to workers engaged in occupations listed in Article 7(a)−(d) of the Convention. The Committee notes the Government’s indication that the SAO and SPWE are in part focused on self-employed persons who want to start a business without employing other persons. In addition, the Committee notes that the Government has provided information regarding the functioning of the Board for Cooperatives (RACO), established by the Cooperatives Act of 1944 (GB 1944 No. 93) and the Board of Cooperatives State Decree (SB 1994 No. 43), which advises the Minister of Labour on matters concerning cooperatives and promotes the development of new and existing cooperatives. The Government further indicates that the review of the position of these categories of workers was brought up in the ILO Sub-Commission of the AAC in June 2015. The Committee requests the Government to continue to provide information regarding any developments on the intention to extend labour administration activities to categories of workers listed in Article 7(a) and (d), including in the context of discussions of the AAC.

Article 8. National policy concerning international labour affairs. With regard to its request for information on the International Affairs Unit of the Legal and International Affairs Department, the Committee notes the Government’s indication that, in addition to their duties in respect of ILO reporting and questionnaires regarding the agenda of the International Labour Conference, the officials of the International Affairs Unit are in practice involved in the drafting of labour laws. The Committee further notes the information provided by the Government regarding the ILO Commission of the AAC, which has discussed the comments of the Committee on this Convention and on Convention No. 122. The Committee requests the Government to provide further information regarding the consultations held within the AAC regarding the preparation of national policy concerning international labour affairs.

Article 10. Staff of the labour administration system and material means. In its previous comments, the Committee requested the Government to provide information on the composition, status and conditions of service of the staff of the labour administration system, as well as on the material means and the financial resources allocated for the effective performance of their duties. In this respect, the Committee notes the number of personnel employed in different departments within the Ministry of Labour and entities within the labour administration system, as well as the training courses followed by the officials of those bodies. The Committee further notes the Government’s indication that the organizations within the labour administration system are subsidized by the budget of the Ministry of Labour. The Committee requests the Government to provide further information regarding the allocation of financial resources within the labour administration system, including measures in place to ensure that the staff of the labour administration have the material means and the financial resources necessary for the effective performance of their duties, such as legislation governing the payment of salaries of civil servants and the subsidization of organizations within the labour administration system by the Ministry of Labour. With regard to labour inspection services, the Committee refers the Government to its comments above on Convention No. 81.

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With reference to its observation, the Committee would like to raise the following additional points.

Article 7 of the Convention. Training of labour inspectors. The Committee notes the information on several training sessions provided for labour inspectors by the Training and Resource Centre, a centre for further training of labour inspectors, which has been operational since 2010. The Committee asks the Government to continue to provide information that is as detailed as possible on the training provided for labour inspectors (subjects covered, number of participants, duration, etc.).

Article 18. Penalties for violations of the legal provisions enforceable by labour inspectors. Referring to its previous comments with regard to the legal limitations of labour inspectors to collect fines, the Committee notes with interest that all labour inspectors have been trained and sworn in as special investigation officers, which will enable them to enforce penalties for violations of the legal provisions, once some remaining administrative arrangements have been taken. The Committee hopes that these administrative arrangements will soon be put in place and asks the Government to provide information on the progress made in this regard. It asks the Government to indicate the impact of the increased powers of labour inspectors on the enforcement of penalties for labour law violations and to provide relevant statistics in this regard (number of violations detected, legal provisions to which they relate and number and nature of the penalties imposed).

Articles 20 and 21 of the Convention. Publication and communication of annual labour inspection reports. The Committee noted the Government’s reference, in its previous report under the Convention, to a census in 2004 of establishments liable to inspection and the initiation of a second census during the last quarter of 2010, which was, however, interrupted because of a lack of financial resources and on account of electronic data processing problems. The Committee understands, from the information provided in the Government’s current report, that work on the data collection of the workplaces liable to inspection has continued and included the updating of available information as well as the registration of new workplaces on a large scale. Furthermore, information on new workplaces is regularly collected and updated through labour inspections. In this regard, the Committee also welcomes that the Government, with the help of the ILO Decent Work Team and Country Office for the Caribbean, is in the process of implementing a Labour Market Information System (LMIS) to ensure that up-to-date data are available on the workplaces liable to inspection.

However, the Government indicates that even if some data (for example on occupational accidents and diseases) are available, the publication of annual reports containing information on all the subjects listed in Article 21(a)–(g) of the Convention remains difficult, since there are no officials responsible at the labour inspectorate for their establishment. The Committee recalls its general observation of 2010, in which it stressed the importance it attaches to the publication and communication to the ILO of an annual inspection report, as an essential basis for evaluating in practice the activities of the labour inspection services and, subsequently, determining the means necessary to improve their effectiveness. The Committee hopes that the Government will make every effort (including continued efforts to update the information on workplaces liable to inspection and the recruitment of sufficient personnel) to ensure that an annual inspection report is published and sent to the ILO, within the time limits set out in Article 20 of the Convention, containing the information required by Article 21(a)–(g). The Committee once again draws the Government’s attention to the possibility of requesting ILO technical assistance in this regard.

The Committee nevertheless asks the Government to provide with its next report statistical information that is as detailed as possible (industrial and commercial places liable to inspection, number of inspections, violations detected and penalties imposed, statistics of industrial accidents and cases of occupational diseases, etc.).

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Articles 3(1)(a) and (b), 5(b) and 11 of the Convention. Labour inspection activities in the area of occupational safety and health (OSH). The Committee notes with interest the information on the various preventive activities by the labour inspectorate in the area of OSH. In this regard, the Committee notes: (i) the development of tailor-made and in-company trainings in cooperation with three private training institutes, including for businesses working with hoisting cranes; (ii) the preparation and envisaged implementation of the safety project “System for Measurement and Improvement of Productivity” (SYMAPRO) in the enterprise with the highest incidence of occupational accidents in the gold-mining sector; and (iii) the envisaged development of an OSH training manual and a quick-reference book for the small-scale and informal gold-mining sector in the context of a roadmap for the improvement of OSH in this sector, in cooperation with the ILO Decent Work Team and Country Office for the Caribbean. The Committee also notes the Government’s announcement of other envisaged measures in this regard, including: (i) courses for OSH training at the senior level of enterprises, for which applications have already been made by businesses operating in the industrial, mining and construction sector; (ii) the development of an OSH logbook; and (iii) the setting up of an OSH institute.

According to the Government, following the provision of OSH courses, some small and medium-sized enterprises, including in the construction, agricultural and industrial sector, are now able to identify and analyse risks, and the number of trained OSH officers at the medium level of enterprises has increased. Furthermore, the implementation of the SYMAPRO project should lead to a reduction of 50 per cent of the total number of industrial accidents in the gold-mining sector. The Committee notes from the statistical information on industrial accidents provided by the Government with its report, that there seems to be a downward trend in the total number of occupational accidents (from 1,301 cases in 2010 to 1,176 cases in 2012), as well as in the number of occupational accidents in agriculture (from 460 cases in 2010 to 352 cases in 2012). However, there seems to be no significant change in the number of occupational accidents in the construction sector (169 cases in 2010 and 168 cases in 2012), in relation to which the Committee had noted, in its last comment under the Safety Provisions (Building) Convention, 1937 (No. 62), a high increase of deaths and workplace accidents between 2007 and 2008. Moreover, the number of industrial accidents in the mining sector seems to have further increased (from 44 cases in 2010 to 57 cases in 2012).

Finally, the Committee welcomes inspection programmes concerning the use by companies of hazardous substances, as well as the use of hoisting equipment. The Committee asks the Government to continue providing information on the training programmes carried out (including on the number of workplaces and employers who have benefited from such training in the various sectors), as well as on the other measures envisaged with a view to reducing the number of occupational accidents and diseases.

Please provide any relevant documents in this regard and continue to provide statistical data that might serve to assess the situation, including information on the number of cases of occupational diseases and fatal accidents, which the Government has not communicated with its current report.

Article 14. Notification to the labour inspectorate of cases of occupational diseases. The Committee notes the Government’s indications in its report under the present Convention that the modernization of the labour legislation includes plans to reform the Occupational Safety and Health Act (OSH Act) and that the revision of the Decree on Labour Inspection has already been approved by the tripartite Labour Advisory Board. The Committee notes the Government’s indications that, in the framework of these legislative reforms, the issues previously raised by the Committee under Article 14 (notification to the labour inspectorate of cases of occupational diseases) and Article 15(b) (professional secrecy of labour inspectors after leaving the inspection services) of the Convention will be taken into account. Recalling that for many years the Government has announced legislative amendments to address the above issues, the Committee expresses the firm hope that the Government will provide information on any concrete steps taken in this respect in its next report due in 2016, and provide copies of any draft provisions or any adopted texts, together with all relevant documents (administrative orders, circulars, etc.).

The Committee is raising other points in a request directly addressed to the Government.

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Referring to its observation, the Committee also draws the Government’s attention to the following points.

Articles 10, 16 and 21(c) and (d) of the Convention. Number of establishments subject to labour inspection and number of labour inspectors to secure coverage. The Committee notes that, according to the Government, the first census of establishments liable to inspection was carried out in 2004, and that a second census was started during the last quarter of 2010. However, this was interrupted because of a lack of financial resources and on account of electronic data processing problems. The Government had already referred in its previous report to the material and institutional difficulties of keeping a register of workplaces (registers not up to date and variations in the duration of enterprises). The Committee draws the Government’s attention once again to the need to have data on the number of workplaces liable to inspection and the number and categories of workers employed in them, in order to be able to assess the extent of the inspectorate’s coverage, under the Convention, to be able to define the number and geographical distribution of inspectors and to determine priorities on the basis of available resources. In order to improve the efficiency of the inspection services and determine priorities on the basis of available resources, the competent authorities and the inspectors need to have a thorough knowledge of the economic fields they cover. The Government is therefore asked once again to take the necessary measures to establish and update a register of establishments liable to labour inspection, taking into account the Committee’s recommendations in its general observation of 2009 under this Convention and to keep the ILO informed of any progress made in this respect.

Article 18. Penalties for violations of the legal provisions enforceable by labour inspectors. In its previous comments, the Committee noted that discussions were under way between the Ministry of Labour and the Ministry of Justice and Police to overcome what the labour inspectors consider to be a difficulty in applying the Convention: the legal limitation on their collection of fines. In its report, the Government notes that no change has occurred in this respect since its last report. The Committee requests the Government to keep the Office informed of any developments in this situation with respect to the legal limitation of labour inspectors’ powers to collect fines and to provide information and available statistics on the way in which these powers are exerted in practice, and to send a copy of any relevant text.

Articles 20 and 21. Publication and communication of annual labour inspection reports. The Government states that preparing an annual report is still difficult for the labour inspectorate on account of technical and financial reasons. However, in its previous report the Government had stated that the computerization of the labour inspectorate was in its final stages. The Committee draws the Government’s attention to the possibility of requesting ILO technical assistance to enable it finally to give effect to the obligation of the central labour inspection authority to publish an annual report of the work of the inspection services under its control and to send a copy of this report to the ILO. It draws the Government’s attention once again to the guidance in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), as to how the information required by Article 21(a)–(g) could be presented in such a report, and to take account also of its 2010 general observation on the matter. The Committee stressed in this general observation the vital importance it attached to the publication and communication to the ILO of the annual labour inspection report within the required deadlines, as it was essential for assessing the effectiveness of the labour inspection services in practice and, consequently, in determining ways to increase their efficiency. The Committee also advocated the implementation of appropriate inter-institutional cooperation with a view to including the description of the personal coverage of the national labour inspection services in the annual report (establishments and workers covered).

Labour inspection and child labour. The Committee had noted in its previous comments the Government’s statement that the labour inspectorate would be represented on the National Commission against Child Labour, which was in the process of being established. The Government also refers in its report to the publication of a decree on the hazardous work of young workers, of which the supervision is incumbent upon the labour inspectors. The Committee would be grateful if the Government could send information on any development concerning the setting up of the National Commission against Child Labour and, in the event that it has been set up, to report on any impact it might have had on the work of the labour inspectorate in the area of child labour. The Government is also asked to send a copy of the decree on the hazardous work of young workers.

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Articles 3(1)(a) and (b) and 5(b) of the Convention. Labour inspection activities in the area of occupational safety and health. The Committee notes the Government’s indication that it will analyse the reasons for the increase in the number of accidents and take the necessary measures. The labour inspectors have taken the necessary steps to begin the occupational safety and health training of contractors in mines, construction and the public service. The Committee would be grateful if the Government could provide information on the training programmes carried out and on any other measures taken to cope with the increasing number of serious or fatal occupational accidents, and on their impact on the reduction in the number of these accidents, by providing in particular statistical data and any other documents that might serve to assess the situation.

Article 7. Training of labour inspectors. The Committee notes that, according to the Government, a centre for the further training of labour inspectors has been operating since 2010, and a training programme for inspectors and employers was held on ways to combat AIDS at the workplace. Furthermore, a specific training programme on occupational safety and health is being prepared in cooperation with trainers from the Netherlands, which will be organized for the senior labour inspectors. The Committee would be grateful if the Government would provide information on the training programmes dispensed to the labour inspectors since the establishment of this centre, and to report on their impact on the operations and results of the labour inspection services.

Article 14. Notification to the labour inspectorate of cases of occupational disease. In its previous report, the Government had stated that, in view of the crucial role of labour administration in administrating and enforcing labour laws, the labour inspection legislation was to be reviewed in order to bring it more into line with the provisions of the Convention. In its report under review, the Government does not provide any information on the progress achieved in reviewing this legislation, merely stating that it will examine the recommendations of the Committee on the application of this provision of the Convention. However, the Committee has been drawing the Government’s attention, for many years, to the need to ensure that full effect is given to this Article of the Convention, specifically as regards cases of occupational disease. The Committee requests the Government once again to take advantage of the planned legislative revision in order to adopt provisions that supplement the national legislation, in accordance with this Article of the Convention, by defining the instances and the manner in which the labour inspectorate must be informed not only of industrial accidents, but also of cases of occupational disease. The Committee would be grateful if the Government would keep the Office informed of any progress in this respect and provide copies of any draft provisions or any adopted texts, together with all relevant documents (administrative orders, circulars, declaration forms, etc.).

Article 15(b). Scope of the obligation of labour inspectors to maintain professional secrecy. The Committee takes note of the Government’s indication that efforts have been made, in the context of the planned revision of the labour legislation, to take account of the Committee’s recommendations on this point, and that the provisions of section 15(b) of the decree have been amended to bring it more into line with the provisions of the Convention with respect to the obligation of labour inspectors to maintain professional secrecy, even once they have left the service. The Committee hopes that this labour legislation will be revised and implemented as soon as possible and requests the Government to provide information on any progress achieved in this area, and to send the ILO a copy of the revised labour legislation once it has been adopted.

The Committee is raising other points in a request directly addressed to the Government.

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Referring to its observation and drawing the Government’s attention to its 2007 and 2009 general observations under this Convention, the Committee reiterates its previous comments and once again requests the Government to provide the Office with relevant information on the following points.

Articles 10, 16 and 21(c) and (d) of the Convention. Staff of the labour inspectorate and inspection visits. While noting the information on the material and institutional difficulties of keeping a register of workplaces (registers not up to date and variations in the duration of enterprises), the Committee draws the Government’s attention to the need to have data on the number of workplaces liable to inspection and the number and categories of workers employed in them, in order to be able to assess the extent of the inspectorate’s coverage in the light of needs and the number and geographical distribution of serving inspectors. In order to improve the efficiency of the inspection services and determine priorities on the basis of available resources, the competent authorities and the need for inspectors to have a thorough knowledge of the economic fields that they cover. The Government is therefore asked to take the necessary measures to rationalize the existing registration system and to keep the Office informed of all progress in this respect.

Article 18. Penalties for violations of the legal provisions enforceable by labour inspectors. The Committee notes that discussions are under way between the Ministry of Labour and the Ministry of Justice and Police to overcome what the labour inspectors consider to be a difficulty in applying the Convention: the legal limitation on their collection of fines. The Committee would be grateful if the Government would provide information on the results of these discussions in terms of impact in law and practice regarding the punishment of violations in accordance with the Convention.

Articles 20 and 21. Publication and communication of annual reports. The Committee refers to its previous comments and notes that, according to the Government, the difficulties encountered in preparing annual inspection reports have not as yet been overcome. However, it notes that the computerization of the labour inspectorate is now in its final stages, which will facilitate the discharge of the annual reporting obligations. The Committee requests the Government to keep the Office informed of any developments in this respect and to ensure that an annual report on the work of the labour inspection services is published shortly and that a copy is sent to the Office. It draws the Government’s attention to the guidance in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), as to how the information required by Article 21(a)–(g) could be presented in such a report.

Labour inspection and child labour. The Committee notes that the labour inspectorate will be represented on the Commission against Child Labour, which, according to the Government, is in the process of being established. It would be grateful if the Government would keep the Office informed of any legislative or practical measures implemented to the inspection of child labour in the industrial and commercial establishments covered by the Convention.

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The Committee notes that the Government’s report received on 25 September 2009 is identical to the one submitted in 2005. Consequently, the Committee is bound to reiterate its previous comments and requests which read as follows.

Article 7 of the Convention. Training of labour inspectors. The Committee hopes that the Government will continue to provide information on any new training activities for the purpose of improving inspectors’ skills and that it will also be able to report on the impact of retraining on the working and results of the labour inspection services.

Article 14. Notification to the labour inspectorate of cases of occupational disease. For many years the Committee has been drawing the Government’s attention to the need to ensure that full effect is given to this Article of the Convention, specifically as regards occupational diseases. The Government states that there have been no changes in the law with regard to application of the Convention, but that in view of the crucial role of labour administration in administering and enforcing labour laws, the labour inspection legislation is to be reviewed in order to bring it more into line with the provisions of the Convention. The Committee draws the Government’s attention in this connection to its General Survey of 2006 on labour inspection (paragraph 118), in which it emphasized that it is vital, for preventive purposes, for formal mechanisms to be put in place to provide the labour inspection services with the data they need to identify high-risk activities and the most vulnerable categories of workers. The Government is therefore asked to take advantage of the planned legislative revision in order to adopt provisions that supplement the national legislation, in accordance with this Article of the Convention, by defining the instances and the manner in which the labour inspectorate must be informed not only of occupational accidents, but also of cases of occupational disease. The Committee would be grateful if the Government would keep the Office informed of any progress in this respect and provide copies of any draft provisions or any adopted texts, together with all relevant documents (administrative orders, circulars, declaration forms, etc.).

Article 15(b). Scope of the obligation on labour inspectors to maintain professional secrecy. The Committee trusts that the Government will also take advantage of the revision which it announced, to give effect to this provision, as it undertook to do, by ensuring that a provision is adopted to extend the scope of the obligation on labour inspectors to observe professional secrecy in order to ensure that they continue to be bound by this obligation after they have left the service.

Scope of the obligation on labour inspectors to maintain professional secrecy. The Committee trusts that the necessary measures will be taken without delay so as to give full effect to Article 15(b) of the Convention by extending the duty of labour inspectors to observe professional secrecy to the period following their departure from the service.

In addition, the Committee draws the Government’s attention to the following point.

Articles 3(1)(a) and (b) and 5(b). In its 2009 direct request relating to the application of the Safety Provisions (Building) Convention, 1937 (No. 62), the Committee has noted from the statistics communicated by the Government a high increase of fatal and serious workplace accidents caused by materials, substances and radiation, between 2007 and 2008 in the building and construction sector. The Committee notes with concern these trends which are an indication of a serious failure in the functioning of labour inspection. The Government is requested to take all the necessary financial and capacity-building measures without delay to ensure that the labour inspection services can exercise their legal enforcement powers against negligent employers in construction workplaces with regard to occupational safety and health and provide employers and workers with information and technical advice aimed at raising their awareness in this area. The Committee urges the Government to inform the Office of such measures and the progress achieved in terms of fatal and serious work accidents.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee refers the Government to its observation and draws its attention to the following points.

Article 18. Penalties for violations of the legal provisions enforceable by labour inspectors. The Committee notes that discussions are under way between the Ministry of Labour and the Ministry of Justice and Police to overcome what the labour inspectors consider to be a difficulty in applying the Convention: the legal limitation on their collection of fines. The Committee would be grateful if the Government would provide information on the results of these discussions in terms of impact in law and practice regarding the punishment of violations in accordance with the Convention.

Articles 20 and 21. Publication and communication of annual reports. The Committee refers to its previous comments and notes that, according to the Government, the difficulties encountered in preparing annual inspection reports have not as yet been overcome. However, it notes with interest that the computerization of the labour inspectorate is now in its final stages, which will facilitate the discharge of the annual reporting obligations. The Committee requests the Government to keep the Office informed of any developments in this respect and to ensure that an annual report on the work of the labour inspection services is published shortly and that a copy is sent to the Office. It draws the Government’s attention to the guidance in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), as to how the information required by Article 21(a)–(g) could be presented in such a report.

Labour inspection and child labour. The Committee notes with interest that the labour inspectorate will be represented on the Commission against Child Labour, which, according to the Government, is in the process of being established. It would be grateful if the Government would keep the Office informed of any legislative or practical measures implemented to the inspection of child labour in the industrial and commercial establishments covered by the Convention.

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The Committee takes note of the Government’s report containing replies to its previous comments.

1. Article 7 of the Convention. Training of labour inspectors. The Committee notes with interest the information on the various training courses attended by labour inspectors during the period covered by the report in the context of bilateral cooperation and with ILO support, including courses on child labour, the planning, preparation and conducting of visits and follow-up thereto, industrial relations, and reporting on inspection visits. The Committee hopes that the Government will continue to provide information on any new training activities for the purpose of improving inspectors’ skills and that it will also be able to report on the impact of retraining on the working and results of the labour inspection services.

2. Article 14. Notification to the labour inspectorate of cases of occupational disease. For many years the Committee has been drawing the Government’s attention to the need to ensure that full effect is given to this Article of the Convention, specifically as regards occupational diseases. The Government states that there have been no changes in the law with regard to application of the Convention, but that in view of the crucial role of labour administration in administering and enforcing labour laws, the labour inspection legislation is to be reviewed in order to bring it more into line with the provisions of the Convention. The Committee draws the Government’s attention in this connection to its General Survey of 2006 on labour inspection (paragraph 118), in which it emphasized that it is vital, for preventive purposes, for formal mechanisms to be put in place to provide the labour inspection services with the data they need to identify high-risk activities and the most vulnerable categories of workers. The Government is therefore asked to take advantage of the planned legislative revision in order to adopt provisions that supplement the national legislation, in accordance with this Article of the Convention, by defining the instances and the manner in which the labour inspectorate must be informed not only of occupational accidents, but also of cases of occupational disease. The Committee would be grateful if the Government would keep the Office informed of any progress in this respect and provide copies of any draft provisions or any adopted texts, together with all relevant documents (administrative orders, circulars, declaration forms, etc.).

3. Article 15(b). Scope of the obligation on labour inspectors to maintain professional secrecy. The Committee trusts that the Government will also take advantage of the revision which it announced, to give effect to this provision, as it undertook to do, by ensuring that a provision is adopted to extend the scope of the obligation on labour inspectors to observe professional secrecy in order to ensure that they continue to be bound by this obligation after they have left the service.

The Committee is addressing a request on other matters directly to the Government.

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The Committee notes the Government’s brief report and the information it contains in response to its previous comments. It draws the Government’s attention to the following points.

1. Initial and further training of labour inspectors. The Committee notes with interest the indications relating to training activities for labour inspectors for the period between June 2003 and September 2005. It requests the Government to specify the number of inspectors having participated in such activities, the nature and duration of the training, as well as its impact.

2. Number of inspection staff. The Committee notes with interest that the strength of the inspection staff rose from 32 in 1999 to 42 in 2005. It would be grateful to the Government if it would transmit information on the number and geographical distribution of the establishments subject to the supervision of the labour inspection service and the workers employed in such establishments (Article 10 of the Convention).

3. Notification to the labour inspectorate of cases of occupational disease. Please provide information on the measures taken to give effect to the Occupational Accidents Act (GB, 1947, No. 145) to ensure that the labour inspectorate is notified of cases of occupational disease, in accordance with Article 14 of the Convention.

4. Scope of the obligation of professional secrecy of labour inspectors. The Committee notes that the Government indicates that this aspect will be taken into account as soon as financial resources allow for the re-examination of the labour legislation. The Committee hopes that the Government will not fail to take measures to give full effect to Article 15(b) of the Convention.

5. Annual inspection report. The Committee recalls that no annual inspection report has been transmitted to the ILO since that of 1993. It notes that the Government indicates that difficulties of a technical nature have been encountered in the preparation of annual reports. The Committee recalls the importance attached to the publication by the central inspection authority, and the transmission to the ILO, of a report on the activities of the inspection services under its control in pursuance of Articles 20 and 21 of the Convention. It requests the Government to take any appropriate measures to give effect to these important provisions of the Convention and to transmit information on any developments in this regard.

6. Labour inspection and child labour. The Committee hopes that information on inspection activities in the field of child labour and on the results of such activities will be transmitted regularly.

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In reference to its observation, the Committee draws the Government’s attention to the following points.

Article 14 of the Convention. Notification of cases of occupational disease to the labour inspectors. The Committee notes that subsection 2 of section 11 of the Act respecting employment accidents, to which the Government refers, does not mention the obligation to notify cases of occupational disease but only the obligation to notify occupational accidents. The form sent by the Government mentions both obligations but refers to section 27 of the above Act, which is not available at the Office. The Committee would be grateful if the Government would provide a copy of the Act in full.

Articles 20 and 21. Noting that, according to the Government, the annual inspection report was being prepared, the Committee hopes that the Government will be able regularly to publish and communicate such a report to the Office, as prescribed by Article 20 and that the report will cover each of the subjects specified in Article 21.

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The Committee notes the information sent in reply to its repeated comments on the measures announced by the Government to give effect to Articles 14, 15(b), 20 and 21 of the Convention both in law and in practice.

1. Scope of the principle of professional confidentiality. The Committee notes that no measure has yet been taken to extend the scope of the principle of professional confidentiality established in Article 15(b) in order to ensure that inspectors are bound by it even after leaving service. The basic trust that must underlie the relationship between labour inspectors and employers cannot be established if employers are not legally protected in a durable manner against any dissemination by inspectors, including after they leave the service, of manufacturing or commercial secrets or operating procedures which they might have learned during the exercise of their duties. The Committee therefore trusts that, in accordance with the undertaking it has given for many years, the Government will promptly adopt the measures to amend the legislation in order to bring it into full conformity with the Convention on this point, and that the relevant information will be communicated in its next report.

2. Labour inspection and child labour. The Committee notes that, despite the Government’s undertaking to make its best effort to ensure enforcement by the labour inspectors of child labour legislation, no specific resources have yet been allocated to this task. It trusts that budgetary measures will soon be taken to this end and that the Government will provide relevant information on them.

The Committee is addressing a request on other points directly to the Government.

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The Committee notes the Government’s report and the replies to its previous comments. It would be grateful if the Government would provide information on the progress made in relation to the draft Occupational Safety and Health Act, which it indicates is under discussion by the tripartite Labour Advisory Board, and on the following points.

Labour inspection and child labour. With reference to is general observation of 1999 on the important role that should be entrusted to labour inspection in combating child labour, the Committee notes the Government’s statement that it will do its utmost to take measures so that supervision of existing legal provisions is ensured by the labour inspection. It hopes that the Government will be able to provide numerical information in its next report on the means actually allocated for this purpose and the results achieved.

Article 14 of the Convention. With reference to its previous comments, and noting the indication that labour inspectors are kept informed of industrial accidents and cases of occupational diseases, the Committee would be grateful if the Government would provide copies of the legal texts and forms through which such notification is made.

Article 15(b). The Government is requested to provide information on the measures which have been taken or are envisaged to provide a legal basis for ensuring that labour inspectors do not reveal, even after leaving the service, any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties.

Noting that in reply to its previous comments under Articles 20 and 21, the Government indicated that an Inspector-General has been appointed for the first time, the Committee requests the Government to indicate the powers entrusted to the Inspector-General and to take any necessary measures to ensure that an annual report on the labour inspection services containing the information required on the matters set out in points (a) to (g) of Article 21 is published and communicated to the ILO, in accordance with the provisions of Article 20, and to keep the ILO informed of any progress in this respect.

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Further to its previous comments, the Committee notes the information supplied by the Government in its recent reports. It requests the Government to provide detailed information on the points raised below.

Articles 14 and 15(b) of the Convention. The Committee notes the Government's indication in its 1997 report that a draft Occupational Safety and Health Act was drawn up in English and was being translated into Dutch. The Government's 1999 report however contains no further information on progress achieved in this respect, but indicates that the Labour Accidents Act (GB.1947, No. 145) under paragraph 2 of article 11 prescribes the employer's obligation to notify of cases of industrial accidents and occupational diseases.

In this regard the Committee requests the Government to provide further information on how the labour inspectorate, in accordance with Article 14, is notified of industrial accidents and cases of occupational diseases under this Act. It also hopes that the Government will supply information on the progress achieved towards the adoption of a new Occupational Safety and Health Act.

Articles 20 and 21. Further to its previous comments, the Committee notes that no annual labour inspection report has been communicated. It also notes that the Government indicated in its 1997 report difficulties in conducting annual inspection reports resulting from shortages of staff. The Committee hopes that the Government will make every effort to be able to provide such reports containing all the information enumerated in Article 21.

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Referring also to its observation under the Convention, the Committee hopes that the health and safety legislation under consideration will make it clear that the obligation of inspectors not to reveal manufacturing or commercial secrets or work processes extends even to the period after they leave service, as required by Article 15(1)(b).

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In its previous comments the Committee had expressed the hope that the Government would take measures to give full effect to Article 14 of the Convention (notification of cases of occupational diseases to the labour inspectorate) and Article 15(b) (obligation of inspections not to reveal secrets). The Committee notes with interest the information contained in the Government's report that draft legislation to revise the occupational health and safety legislation is being prepared with ILO assistance and that a national multidisciplinary committee to evaluate the system of reporting of occupational accidents and diseases has been established. The Committee hopes that the Government will soon be in a position to report on progress achieved.

Articles 20 and 21. Further to its previous comments, the Committee notes with interest the 1993 annual labour inspection report communicated with the Government's report, which gives comprehensive information on the activities of the inspection services. It notes however that the report does not contain statistics on occupational diseases. The Committee hopes that following the evaluation of the system of reporting of occupational accidents and diseases the Government will be in a position to include such statistics in the annual labour inspection reports (Article 21(g)) and that it will continue to publish and transmit to the ILO these reports within the time-limits set forth in Article 20.

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Further to its previous comments, the Committee notes with interest the information that, with the technical assistance of the ILO, the Government is currently studying a project for the revision of the labour legislation, and that computers are being introduced in the work of the inspection service to help facilitate access to statistical data. The Committee hopes these developments will enable the Government to take the necessary measures with regard to its previous comments and thus give full effect to Article 14 of the Convention (notification of cases of occupational diseases to the labour inspectorate) and Article 15(b) (obligation of inspectors not to reveal secrets).

Articles 20 and 21. Further to its previous comments, the Committee notes the brief statistical data provided and the information that the report of the inspection service will be transmitted as soon as possible. The Committee recalls that no annual report of the inspection service has been received since 1987, and that the last report failed to include a number of the types of information required by Article 21. The Committee trusts that the necessary measures will be taken to ensure that such annual reports, containing all the necessary information, are published and sent to the ILO within the time-limits required.

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Further to its previous comments, the Committee notes once again that there has been no change in the application of Articles 14 (notification of cases of occupational diseases to the labour inspectorate) and 15(b) (obligation of inspectors not to reveal secrets) and that national legislation does not address these important requirements of the Convention. The Committee asks the Government to provide an indication of what action it is taking to remedy this problem and hopes that the necessary measures will soon be taken.

Articles 20 and 21. The Committee notes the Government's statement that the annual report of the labour inspection for the year 1988 will be forwarded as soon as possible. It notes, however, that the most recent report received was for 1987, which failed to include a number of the types of information required by Article 21. The Committee hopes that the necessary measures will be taken to ensure that annual reports of the inspection services, containing all the necessary information, are published and sent to the ILO within the time-limits required.

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With reference to its previous comments, the Committee notes that no progress has yet been achieved in giving effect to the provisions of Articles 14 (notification of cases of occupational diseases to the labour inspectorate) and 15(b) (obligation for inspectors not to reveal secrets) of the Convention. It hopes that appropriate measures to give effect to these Articles will be taken in the near future.

Articles 20 and 21 of the Convention. The Committee notes that the annual inspection report for 1987 provides statistics that mainly concern industrial accidents. It trusts that in future the reports will contain information on the work of the inspection services, including statistics on all the subjects enumerated in Article 21, and that they will be published and transmitted to the ILO within the time-limits set forth in Article 20.