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Article 10 of the Convention. Structure and human and material sources of the labour inspectorate. The Committee notes that, according to the Government, the labour inspection system is to be strengthened by the opening of a third branch, located on Sal, to cover the islands of Sal and Boa Vista. The inspectorate staff is composed of seven labour inspectors. The Committee notes with interest that they have received special training, particularly in the area of civil construction, and that their numbers should shortly be increased by a further 13 inspectors, five of whom are already in initial training. Furthermore, the acquisition of a third vehicle in 2010 should facilitate visits to the establishments and workplaces liable to inspection.
However, in the absence of any information on inspection activities and their results, the Committee is not in a position to ascertain the extent to which the Convention is applied. It reminds the Government that the effectiveness of labour inspection depends largely on the commitment of the public authorities to the effective implementation of measures to attract and retain a sufficient number of qualified and motivated staff (General Survey of 2006, paragraph 173), but also on the availability of the resources inspectors need in order to perform their duties (General Survey of 2006, paragraph 238). The Committee requests the Government to continue to provide information on developments in the size and qualifications of the labour inspectorate staff, the resources and transport facilities made available to them and also on progress in the project to open up a third branch of the labour inspectorate, and on the practical impact of the structural and material measures implemented to strengthen the inspection system.
The Government is asked to provide information on the specific impact that the training of inspectors has had on the construction sector in terms of reducing the number of industrial accidents and instances of occupational disease.
Article 3(2). Additional duties of labour inspectors. The Government states that the Labour Code adopted in 2007 makes no change to the duties of labour inspection and does not expressly assign conciliation and mediation duties to labour inspectors. However, the Committee notes that, in accordance with section 387(1) of the Labour Code, in the event of a dispute between an employer and a worker, the labour inspectorate attempts conciliation between the parties. The Committee points out that, under Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), the functions of labour inspectors should not include that of acting as conciliator or arbitrator in labour disputes, and emphasizes that the primary role of labour inspection is to ensure observance of the legal provisions governing working conditions and the protection of workers while engaged in their work, and that, under the terms of Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee requests the Government to indicate the measures taken to ensure that any conciliation or mediation duties undertaken by labour inspectors in the event of a dispute between an employer and a worker do not interfere with the discharge of their primary duties. In support of its reply, the Government is asked to provide information showing the ratio of conciliation and mediation activities to the duties of inspection and of informing workers and employers, during the period covered by the next report.
Article 14. Notification of cases of occupational disease. The Committee notes that pursuant to section 7(2) of Decree No. 90/97 of 31 December 1997, labour inspectors are notified of industrial accidents involving leave from work of more than three days but that, contrary to Article 14 of the Convention, they are not informed of cases of occupational disease. In replying in its previous report to comments made by the Commercial, Industrial and Agricultural Association of Barlavento (ACIAB) to the effect that cases of occupational disease should, like industrial accidents, be notified to the labour inspectorate, the Government indicated in its previous report that the legislation would be supplemented to this end in the context of the adoption of the new Labour Code. However, according to the information supplied in its latest report, there has been no change in the rules on the notification of industrial accidents and cases of occupational disease to the labour inspectorate, but that the matter is under examination. The Committee asks the Government to ensure that legislative or regulatory measures are taken promptly to ensure that, in accordance with Article 14, information on cases of occupational disease, like that on industrial accidents, is sent to the labour inspectorate. The Government is asked to report on this matter, providing any relevant documents.
Article 15(a). Professional secrecy. The Committee notes that an amendment is being prepared to the provisions binding labour inspectors to professional secrecy both while they are serving and after they have left the service. It requests the Government to state in its next report whether the planned amendment has been adopted and, if so, to provide a copy of it. If not, the Government is asked to take measures promptly to secure such an amendment and to keep the Office informed.
Articles 20 and 21. Publication and communication to the ILO of an annual report. The Committee once again notes that, despite the Government’s undertaking to ensure that an annual inspection report is published shortly, no such report has been received by the Office. The Committee invites the Government to refer, in this connection, to paragraphs 320–328 of its General Survey of 2006 on labour inspection, and asks the Government to take the necessary steps to produce such a report, to seek technical assistance from the Office if necessary, and to provide information on any progress made or any difficulties encountered.
The Committee notes once again with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:
The Committee notes the Government’s report for the period ending 1 September 2005 and the elements of information that it contains in reply to its previous comments, as well as the comments made by the Commercial, Industrial and Agricultural Association of Barlavento (ACIAB), the National Union of Workers of Cape Verde – Trade Union Confederation (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL), which were forwarded by the Government. It requests the Government to provide detailed information in its next report on the following points.
Means of action of the labour inspectorate. The Committee notes that, in the view of the CCSL, the labour inspectorate is not functional due to the lack of material and human resources. The low number of inspectors means that it is not possible to exercise effective supervision in all the islands of the country and travel by inspectors is infrequent due to the lack of transport facilities. In this respect, the UNTC–CS considers that the Government should allocate greater resources to ensure effective labour inspection. The Government indicates that it is planning to take measures to establish new inspection services in islands where employment has grown the most over recent years. The Committee also notes that the Government is proposing to organize the recruitment by competition of new labour inspectors and their training in the near future with the support of Brazilian cooperation. The Committee requests the Government to continue providing detailed information on any further measures taken to ensure that inspectors are sufficient in number to secure the effective discharge of their duties (Article 10 of the Convention), that they have the necessary material resources and transport facilities (Article 11) and receive adequate initial and further training (Article 7).
Functions and duties of inspectors. The Committee notes the Government’s indication in its report that new mediation and conciliation functions are to be attributed to labour inspectors by the draft Labour Code that is currently being adopted. It also notes that the Government plans to revise the general conditions of service of the labour inspectorate. With reference to its previous comments, the Committee is confident that the Government will ensure that the new functions which may be entrusted to labour inspectors are not such as to interfere with the effective discharge of their primary duties (Article 3(2)). Furthermore, the Committee notes the Government’s assurances that the revision of the general conditions of service of the labour inspectorate will take into account the need for provisions prohibiting inspectors from revealing, 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, in accordance with Article 15(b) of the Convention.
Notification of cases of occupational disease. The Committee notes the view of the ACIAB that it is important for the labour inspectorate to be notified not only of industrial accidents, but also of cases of occupational disease so that it can compile statistics on occupational risks, take preventive action and ensure the appropriate coverage of the victims. The Committee notes that, in reply to its previous comments on this subject, the Government provides assurances that account will be taken, in the context of the adoption of the new Labour Code, of the need to supplement the legislation so that it establishes the obligation to notify the labour inspectorate of cases of occupational disease, in accordance with Article 14 of the Convention.
Publication of an annual report. The Committee notes the reports from the various inspection offices of the inspections carried out during the years 1999 to 2005, which were transmitted by the Government with its report. The Committee observes that these are reports submitted to the central inspection authority, in accordance with Article 19 of the Convention; they cannot replace the annual report which, under the terms of Article 20 of the Convention, has to be published by the central inspection authority and transmitted to the ILO within a reasonable period. With reference to the comments that it has been making for many years on this subject, the Committee trusts that the Government will take the necessary measures in the near future to ensure that an annual report on the matters set out in Article 21 of the Convention is published within the required time limits.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation on the following points:
1. Means of action of the labour inspectorate. The Committee notes that, in the view of the CCSL, the labour inspectorate is not functional due to the lack of material and human resources. The low number of inspectors means that it is not possible to exercise effective supervision in all the islands of the country and travel by inspectors is infrequent due to the lack of transport facilities. In this respect, the UNTC–CS considers that the Government should allocate greater resources to ensure effective labour inspection. The Government indicates that it is planning to take measures to establish new inspection services in islands where employment has grown the most over recent years. The Committee also notes that the Government is proposing to organize the recruitment by competition of new labour inspectors and their training in the near future with the support of Brazilian cooperation. The Committee requests the Government to continue providing detailed information on any further measures taken to ensure that inspectors are sufficient in number to secure the effective discharge of their duties (Article 10 of the Convention), that they have the necessary material resources and transport facilities (Article 11) and receive adequate initial and further training (Article 7).
2. Functions and duties of inspectors. The Committee notes the Government’s indication in its report that new mediation and conciliation functions are to be attributed to labour inspectors by the draft Labour Code that is currently being adopted. It also notes that the Government plans to revise the general conditions of service of the labour inspectorate. With reference to its previous comments, the Committee is confident that the Government will ensure that the new functions which may be entrusted to labour inspectors are not such as to interfere with the effective discharge of their primary duties (Article 3, paragraph 2). Furthermore, the Committee notes the Government’s assurances that the revision of the general conditions of service of the labour inspectorate will take into account the need for provisions prohibiting inspectors from revealing, 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, in accordance with Article 15(b) of the Convention.
3. Notification of cases of occupational disease. The Committee notes the view of the ACIAB that it is important for the labour inspectorate to be notified not only of industrial accidents, but also of cases of occupational disease so that it can compile statistics on occupational risks, take preventive action and ensure the appropriate coverage of the victims. The Committee notes that, in reply to its previous comments on this subject, the Government provides assurances that account will be taken, in the context of the adoption of the new Labour Code, of the need to supplement the legislation so that it establishes the obligation to notify the labour inspectorate of cases of occupational disease, in accordance with Article 14 of the Convention.
4. Publication of an annual report. The Committee notes the reports from the various inspection offices of the inspections carried out during the years 1999 to 2005, which were transmitted by the Government with its report. The Committee observes that these are reports submitted to the central inspection authority, in accordance with Article 19 of the Convention; they cannot replace the annual report which, under the terms of Article 20 of the Convention, has to be published by the central inspection authority and transmitted to the ILO within a reasonable period. With reference to the comments that it has been making for many years on this subject, the Committee trusts that the Government will take the necessary measures in the near future to ensure that an annual report on the matters set out in Article 21 of the Convention is published within the required time limits.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
The Committee notes the Government’s report for the period ending 1 September 2005 and the elements of information that it contains in reply to its previous comments, as well as the comments made by the Commercial, Industrial and Agricultural Association of Barlavento (ACIAB), the National Union of Workers of Cape Verde – Trade Union Confederation (UNTC-CS) and the Cape Verde Confederation of Free Trade Unions (CCSL), which were forwarded by the Government. It requests the Government to provide detailed information in its next report on the following points.
1. Means of action of the labour inspectorate. The Committee notes that, in the view of the CCSL, the labour inspectorate is not functional due to the lack of material and human resources. The low number of inspectors means that it is not possible to exercise effective supervision in all the islands of the country and travel by inspectors is infrequent due to the lack of transport facilities. In this respect, the UNTC-CS considers that the Government should allocate greater resources to ensure effective labour inspection. The Government indicates that it is planning to take measures to establish new inspection services in islands where employment has grown the most over recent years. The Committee also notes that the Government is proposing to organize the recruitment by competition of new labour inspectors and their training in the near future with the support of Brazilian cooperation. The Committee requests the Government to continue providing detailed information on any further measures taken to ensure that inspectors are sufficient in number to secure the effective discharge of their duties (Article 10 of the Convention), that they have the necessary material resources and transport facilities (Article 11) and receive adequate initial and further training (Article 7).
The Committee notes the Government’s report for the period ending 1 September 2005 and the elements of information that it contains in reply to its previous comments, as well as the comments made by the Commercial, Industrial and Agricultural Association of Barlavento (ACIAB), the National Union of Workers of Cape Verde - Trade Union Confederation (UNTC-CS) and the Cape Verde Confederation of Free Trade Unions (CCSL), which were forwarded by the Government. It requests the Government to provide detailed information in its next report on the following points.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous direct request, which read as follows:
The Committee refers to its observation on this Convention, and requests the Government to provide additional information on the following points.
Article 3 of the Convention. The Committee notes with interest that, under section 1(a) to (g) of the new Statute of the General Labour Inspectorate, 1997, the General Labour Inspectorate is responsible for performing the main functions defined in Article 3, paragraph 1, of the Convention. It notes however that, under (h) of the same provision, labour inspectors may perform other functions defined by the law. The Government is asked to provide information on the nature and volume of the other duties that may be conferred on labour inspectors and to indicate the manner in which it will be ensured that such duties will not obstruct the performance of their main duties or impair the authority and impartiality they need in their relations with employers and workers.
Article 5(a). The Government is asked to provide copies of the cooperation agreements to be signed between the General Labour Inspectorate and the civilian governments of the islands of Fogo, Brava, Saint Vincent and Saint Nicolau.
Article 7, paragraph 3. The Committee notes with interest the information on the training for labour inspectors provided by Portuguese specialists in the course of 2000. It would be grateful if the Government would provide further particulars including the number of inspectors involved in such training and the areas covered by the training, together with similar information on the training to take place this year in the areas of health, safety at work and the procedure for prosecuting offences.
Article 8. The Committee would be grateful if the Government would indicate whether special duties are assigned, as this provision allows, to the two women on the staff of the labour inspectorate.
Articles 10, 11 and 16. The Committee notes the geographical distribution of labour inspection services and their staff and that the main obstacles to the development of these services are insufficient financial resources and the absence of qualified management staff on the labour market. The Committee wishes to emphasize in this connection, as it did in paragraph 214 of its General Survey of 1985 on labour inspection, the economic and social value of labour inspection and the social cost of reducing its effectiveness. It draws the Government’s attention to the need to allocate to the labour inspectorate a proportion of the national budget commensurate with its objectives. In estimating requirements in human material resources, account should be taken of the various branches of economic activity, the number of enterprises, their geographical distribution and the number of workers they employ, and available communications and public and private means of transport. Noting the information on the labour inspectorate’s vehicle stock and that the General Labour Directorate provides transport for inspectors whose work takes them outside their allotted area, the Committee wishes to stress particularly the need for labour inspectors to have transport facilities in keeping with their real needs so that they can inspect workplaces as thoroughly and as frequently as Article 16 requires. It hopes that the Government will take all appropriate steps to improve and develop the resources needed by the labour inspectorate, to report on progress or on any difficulties encountered and to supply regular information on the staff, activities and means of transport of the inspection services.
Article 14. Recalling that under this provision, the labour inspectorate must be informed not only of industrial accidents but also of cases of occupational disease, and noting that section 7(1) and (2) of Legislative Decree No. 90-97 requires notification only in the case of occupational accident, the Committee asks the Government to take the necessary measures for appropriate amendments to be made to the legislation and to inform the ILO of the implementation of these measures and their results.
Article 15. The Committee notes with concern that although section 25 of the new General Statute of the Labour Inspectorate is still consistent with (a) and (c) of this Article of the Convention as concerns incompatibility between inspectors’ duties and conflicting interests and as regards the principle of confidentiality as to the source of complaints, section 24, as it is now worded, no longer refers to the prohibition imposed by (b) on revealing, even after leaving the service, any manufacturing or commercial secrets or working processes which may have come to their knowledge in the course of their duties. In the Committee’s view, the absence of this prohibition amounts to a step backwards in comparison with former section 25(1). It therefore asks the Government to take the necessary measures to reintroduce this important principle into the legislation, since it is essential to the relationship of trust which must prevail between employers and labour inspectors.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee notes the Government’s report and the partial information provided in reply to its previous comments. It also notes Legislative Decree No. 90/97 of 31 December 1997 approving the new conditions of service of the general labour inspectorate, and Legislative Decree No. 55/99 of 6 September 1999 respecting safety and health conditions at the workplace. The Committee draws the Government’s attention to the following point.
Publication and transmission of an annual inspection report (Articles 20 and 21 of the Convention). Noting once again the failure to apply these provisions of the Convention, and with reference to the Government’s statement that an annual inspection report is currently being prepared, the Committee wishes to emphasize the need to publish an annual inspection report, as set out in the provisions of the Convention. The objective of such publication is to enable employers and workers and their representative organizations, as well as any other interested party, to be informed of the means, activities and effectiveness of the inspection services, as well as the difficulties that they may encounter in their duties and to seek their reactions for constructive purposes. The annual publication of practical and detailed information, in accordance with the guidance provided in Paragraph 9 of Recommendation No. 81 which supplements the Convention, on each of the matters set out in points (a) to (g) of Article 21, and their transmission to the ILO within the time limits prescribed in Article 20, would also enable the international supervisory bodies to evaluate the level of application of the Convention and provide useful guidance for its improvement. The Committee trusts that the Government will make every effort to give effect to these two essential Articles of the Convention and will not fail to provide relevant information with its next report.
The Committee is addressing a request directly to the Government on other points.
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 has noted the Government's report. It notes with interest a very positive effort made by the Government in order to give effect to the provisions of the Convention, in particular through a detailed annual inspection report (1995). It would appreciate it if the Government would provide further information on a certain number of points.
Article 3 of the Convention. Please indicate what measures have been undertaken or envisaged in order to ensure that inspectors' additional duties set forth under section 31(j) of Decree No. 154/91, dated 31 October 1991 do not interfere with the effective discharge of their primary duties.
Article 6. The Committee asks the Government to provide information enabling it to compare the average annual salary of labour inspectors with that of public officials and the average annual wage in Cape Verde.
Article 8. Please provide information on the percentage of women appointed to the inspection staff in general and the relative percentage of women in higher grades of the labour inspection in particular.
Article 9. The Committee would be grateful if the Government could provide information about rules or regulations governing the participation of experts and specialists in the work of inspection. Please indicate whether technical experts and specialists participate in the inspection visits, what is the overall number of inspection visits with their participation or, in the event that they do not participate in such visits, what are the forms of their collaboration with labour inspectors.
Article 10. The Committee requests the Government to provide information on the current number of labour inspectors and the measures undertaken or envisaged in order to fill 15 vacant positions, enumerated in the report on the activities of the labour inspection in 1995 (page 8 of the report). Please also indicate the measures taken or envisaged in order to resolve the problems with labour inspection staff in the island of Sal.
Article 11. The Committee asks the Government to provide information on the distribution of cars and other means of transport furnished to labour inspectors in relation to the number of inspectors. Please also indicate whether the building in Mindelo where the office of the labour inspection is located was repaired.
Article 14. Please indicate whether any legislative efforts have been made or are envisaged in order to restore the provision requiring notification to the labour inspection about industrial accidents and occupational diseases.
Article 15. The Committee asks the Government to provide information on the practical application of Article 15, paragraph (a), and, in particular, the criteria and the procedure for its enforcement.
Article 16. The Committee asks the Government to indicate: (i) the total number of workplaces liable to inspection; (ii) the number of initial and second inspection visits made and the number of workplaces inspected during the latest reporting period; and (iii) the usual period between two consecutive planned inspections at each single workplace. Please also describe the manner in which the inspection visits are conducted in practice.
Article 20. The Committee notes the statistical information about the work of labour inspection in 1996 and asks the Government to indicate whether it was officially published by the central inspection authority of Cape Verde in the form of an annual general report and what is the procedure for access to such report by an interested party. The Committee hopes that the Government will be able to provide a copy of such report within the time-limit set forth by paragraph 3 of Article 20.
Article 21. The Committee asks the Government to take into consideration that annual reports published by the central inspection authority shall deal in particular with the subjects listed in Article 21 including, but not limited to, statistics of industrial accidents and statistics of occupational diseases (Article 21, paragraphs (f) and (g)).
The Committee notes the information supplied in reply to its previous comments, from which it appears that inspections do not take place as often as desired due to lack of material resources as well as staff who are able to concentrate on the inspection function. It has also noted the annual inspection reports for 1991 and 1992. It hopes the Government will continue to supply all available information on the application of the Convention, including statistics of inspections carried out. Please give further attention, in particular, to the following matters:
Article 3(2) of the Convention. The need to ensure that inspectors' additional duties do not interfere with their principal work.
Article 6. The need for conditions of employment of inspectors to be laid down.
Article 7. The need to ensure suitable qualifications for inspectors.
Articles 10, 11 and 16. The need for sufficient human and material resources to ensure workplaces are inspected as often and as thoroughly as necessary.
Article 14. The need for legislation to ensure notification of occupational accidents and diseases.
Articles 20 and 21. The need to compile and publish annual inspection reports containing all required statistics.
The Committee would invite the Government to seek the assistance of the competent services of the ILO in order to try and deal with these problems.
The Committee hopes the Government's next report will include all available information as to the practical application of the Convention, with particular reference to the provisions mentioned in the Committee's observation and the following.
Article 3(2) of the Convention. Please indicate any duties assigned to labour inspectors under section 31(j) of Decree No. 154/91.
Articles 7 and 8. Please describe qualifications and other conditions for recruitment to the labour inspectorate. Please also describe the training measures taken under section 29(2) of Decree No. 154/91.
Articles 10, 11 and 16. The Committee has noted with interest the provisions in section 28 and the Appendix of Decree No. 154/91 and the information in the report, concerning numbers of inspectors and means of transport provided. It would be glad if the Government would in future reports continue to describe the material and other practical conditions under which inspectors work, and if it would indicate how far it is considered that adequate frequency and throughness of inspection visits are ensured.
Article 14. Section 11 of Decree No. 110/76 having been repealed, please indicate how it is ensured that the labour inspectorate is notified of industrial accidents and diseases.
Articles 20 and 21. The Committee notes the staffing and other difficulties mentioned by the Government in preparing and publishing the annual inspection report required by the Convention. It looks forward to the Government supplying further information in its next report, and it hopes that any inspection reports - however partial - which are prepared will be transmitted.
Further to its previous comments, the Committee notes with satisfaction that Decree No. 154/91 contains provisions to implement Articles 3(1) (functions of the labour inspectorate set out in section 3 of the Decree); 5 (cooperation among government departments and with employers and workers prescribed by section 5); 6 (status and conditions of service of inspectorate staff set out in sections 20(1), 28, 29 and 30); 12 (inspectors' powers of entry and examination set out in section 20, and notification of the employer laid down in section 21(2); and 17 (enforceability of legal provisions under sections 9 to 13) of the Convention. It is again raising certain other questions in a direct request.
The Committee notes the Government's statement to the effect that the draft statute concerning conditions of service of the labour inspection services, which is currently being formulated, contain provisions that give effect to Articles 3, 5, 12 and 17 of the Convention, which were the subject of its previous comments. It trusts that this draft will soon be adopted and that it will also ensure the application of Articles 6, 7 and 8.
Articles 10 and 16. The Committee notes with interest that the Government proposes to increase the number of labour inspectors. It hopes that in its next report the Government will be in a position to supply information on any progress achieved in this respect and to indicate the number of workplaces liable to inspection and the number of workplaces visited during the period covered by its report.
Article 11. The Committee hopes that the Government will spare no efforts to provide labour inspectors with appropriate working conditions and the transport facilities necessary for the performance of their duties and requests it to supply detailed information on the measures that are taken in these areas.
Articles 20 and 21. Recalling the importance that it attaches to well-prepared annual inspection reports which make it possible to assess the practical results of the activities of labour inspectorates at the national and international level, the Committee trusts that the Government will not fail to take the necessary measures to ensure that, in future, reports containing detailed information on the points set out in Article 21 of the Convention are published and transmitted to the ILO within the time-limits set forth in Article 20.