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Labour Inspection Convention, 1947 (No. 81) - Seychelles (RATIFICATION: 2005)

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The Committee notes the observations of the General Employer Trade Unions of Seychelles (GETUS) received with the Government’s report.

Articles 7, 10, 11 and 16 of the Convention. Coverage and resources of the labour inspection system and training for labour inspectors. Following its previous comments, the Committee notes the observations of the GETUS proposing measures to increase local capacity to carry out inspection activities in order to increase the number of workplaces inspected and to ensure compliance. The Committee also notes the information provided by the Government in its report that the Employment Department continues to allocate resources to labour inspection. There is a specific programme for labour protection under the Department’s yearly budget, which covers the Labour Monitoring and Compliance Section, as well as the Industrial Relations Section. In addition, three labour inspectors have received trainings from the International Training Center of the ILO, and another is participating in a degree programme in occupational safety and health. The Committee further notes that, according to the Decent Work Country Programme 2019–2023, the Labour Monitoring and Compliance Section requires further capacity to maximize its effectiveness in its future labour inspections. With respect to the Committee’s previous request concerning the nature and extent of inspection activities within the International Trade Zone (ITZ), the Committee notes that, according to the 2018 Annual Report of the Financial Services Authority (FSA), the Licensing Unit of the ITZ Section under the FSA carries out regular visits at the premises of the ITZ licensed companies regarding employment matters, and deals with complaints or enquiries in this regard. The Government indicates that such inspections are normally carried out by two officers from the FSA and a representative from the Employment Department. It also indicates that there are 25 companies licensed to operate in the International Trade Zone, adding information on the nature and number of inspections carried out. The Committee requests the Government to continue its efforts to ensure that adequate resources are allocated to the labour inspection system in conformity with Articles 10 and 11 of the Convention. It requests the Government to provide information on the measures taken and the results achieved in this respect, particularly within the framework of the DWCP 2019–2023. In this regard, the Committee requests the Government to provide information on the number of inspectors in the Labour Monitoring and Compliance Section of the Employment Department. Taking due note of the training undertaken by inspectors, the Committee requests the Government to continue to provide information on the training received, including the frequency, duration, subject matter covered, and number of participants. Lastly, it requests that the Government provide information on the number of workers in the Seychelles International Trade Zone, and to continue to provide information on the number of inspections carried out in the ITZ, indicating the specific manner in which inspectors from the Employment Department participate in such inspections including their assigned duties or responsibilities.

Article 14. Notification of industrial accidents and cases of occupational disease. Following its previous comments, the Committee notes the observations of the GETUS that, with a view to ensuring the reporting of occupational accidents and diseases, there is a need to have a clear regulation and enforcement by the Labour Monitoring and Compliance Section, with the application of penalties in the case of non-compliance.

The Committee notes the Government’s statement that labour inspectors continue to sensitize the employers during inspection activities on the requirement to notify the labour inspectorate of any occupational accidents. In 2018, 71 occupational accidents were reported. However, occupational diseases are not currently being recorded. The Government states that the major challenges are diagnosing a disease as occupationally related, and that there is a need to improve the capacity of the Occupational Safety Clinic of the Ministry of Health as they are crucial in diagnosing occupational diseases based on an employee’s medical history. The Government also indicates that notification of occupational accidents and diseases are main priorities under the Occupational Safety and Health (OSH) policy developed in 2017 and that the OSH Decree is currently being reviewed, which is an opportunity to ensure the compliance with the Convention. It is also a priority in the periodical reconstitution of the Occupational Safety Board to strengthen and harmonize the recording system of occupational accidents and diseases. The Committee requests the Government to take the necessary measures to ensure the notification to the labour inspectorate of both occupational accidents and diseases, as required by Article 14 of the Convention, and to provide a copy of any regulations or guidelines adopted in this respect. It also requests the Government to continue to provide statistics regarding occupational accidents and diseases. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Article 15(c). Confidentiality of complaints. The Committee previously noted the Government’s indication that it would consider including a provision on confidentiality of the source of any complaint in the review of the OSH Decree. In this respect, the Committee notes the Government’s indication that the review of the OSH Decree is ongoing. The Government indicates that, in the absence of a specific provision on confidentiality, new labour inspectors are briefed during in-house trainings on the importance of keeping sources of complaints confidential and on how to proceed with an inspection upon the receipt of a complaint. The Government further indicates that anonymous complaints can be considered for investigation based on the nature of the complaint. Additionally, upon recruitment, all officers of the Employment Department, including labour inspectors, sign a confidentiality declaration to ensure that information they come across during their employment is not divulged to any third party. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that labour inspectors treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, and also that inspectors give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint, in conformity with Article 15(c) of the Convention. The Committee also requests the Government to consider including a provision on confidentiality of the source of any complaint during the review of the OSH Decree. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Articles 17 and 18. Effective enforcement of appropriate penalties in the event of violation of the legal provisions. The Committee notes the Government’s indication in its report that between 2014 and 2019, no penalties have been imposed on any employers or other individual for the violation of OSH legislation. Three cases, related to occupational accidents, were referred to the Magistrate Court for violations, but these cases were then dismissed or resulted in acquittal. The Committee requests the Government to provide further information on the application of adequate penalties for violations of the legal provisions enforceable by labour inspectors, including specific information on the OSH cases previously referred to the Magistrate Court and the reasons for their dismissal or acquittal. It also requests the Government to provide information on the nature and number of violations detected in the course of inspections, any subsequent penalties applied, and the results of any cases referred to the courts.

Articles 20 and 21. Publication and communication to the ILO of an annual general report on the work of the inspection services. Following its previous comments, the Committee notes the Government’s indication that the Employment Department forwarded its annual general reports on the work of the inspection services for the year of 2016, 2017 and 2018 to the Office. The Government also states that the Ministry is reviewing the labour market information system (LMIS), which is currently in its second phase. The first modules being reviewed in this phase are data collection tools, forms and checklists used by the labour inspection. It is anticipated that more data will be collected with the revised forms for statistical production. The Committee encourages the Government to pursue its efforts to ensure the preparation and transmission of the annual labour inspection report, containing all the information outlined in Article 21(a)–(g). The Committee requests the Government to provide information on the publication of the annual report, in accordance with Article 20(1) of the Convention.

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The Committee notes the information provided by the Government in reply to its previous comments relating to Articles 3 (functions of the system of labour inspection); 7(1) and (2) (recruitment of labour inspectors); 12(1)(c)(i) (interviews); and 13(2) (orders requiring alterations and measures with immediate executory force) of the Convention.

Articles 10 and 11 of the Convention. Resources of the labour inspection system. In its previous comments, the Committee noted the information provided by the Government concerning the need for additional labour inspectors and requested further information in this respect. The Committee notes the Government’s indication in its report that, in order to ensure that the Labour Monitoring and Compliance Section (LMCS) within the Ministry of Employment, Immigration and Civil Status (MEICS) discharges its responsibilities efficiently: (a) there are 13 labour inspectors (compared to seven inspectors reported in 2013); (b) training is planned on an annual basis and several labour inspectors participated in training activities; (c) subsistence allowances are allocated in the event that inspections are conducted on inner and outer islands with transportation by air or boat; (d) a designated vehicle continues to be provided to labour inspectors whenever inspections are conducted during odd hours; and (e) the MEICS is allocated an annual budget which is in turn allocated to its various sections, including the LMCS, according to their specific needs and priorities. The Government also provides information on the number of inspections, which cover employment conditions, carried out within the Seychelles International Trade Zone by the Financial Services Authority (FSA), and indicates that the FSA conducts joint inspections with the Ministry responsible for labour and employment. With respect to occupational safety and health (OSH), the Committee notes that the OSH Policy adopted in April 2017 includes, among the key strategies, additional resources to be mobilized to recruit OSH and labour inspectors and to provide them with the relevant resources to better enforce improvement and prohibition notice investigations. The Committee requests the Government to pursue its efforts to ensure that adequate resources are allocated to the labour inspection system in conformity with Articles 10 and 11 of the Convention. It requests the Government to continue to provide information in this respect, including concerning OSH as well as the nature and extent of inspections carried out in the Seychelles International Trade Zone.

Article 13(2). Orders requiring alterations and measures with immediate executory force. In its previous comments, the Committee requested the Government to provide information on the number of measures with immediate executory force issued by labour inspectors during the reporting period. The Committee notes the Government’s indication that, pursuant to sections 23(g) and 29(3) of the OSH Decree, labour inspectors have the power to issue and require compliance with improvement and prohibition notices, including prohibition notices with immediate effect. The Committee notes the Government’s indication that there were no improvement or prohibition notices issued in 2015.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes with interest the Government’s indication, in response to its previous request, that the MEICS currently compiles statistics with regard to occupational accidents disaggregated by sex, industry, type of accident and nature of injury and that, since January 2016, it has adopted the International Standard of Industry Classification (ISIC REV 4) with the aim of ensuring standard compilation and quality data. The Government indicates that a gap in the collection of statistics on occupational diseases would be addressed with the development of an OSH Policy. In this respect, the Committee takes due note that the 2017 OSH Policy provides that the Occupational Safety Board shall develop, strengthen and harmonize, as appropriate, the system for recording, notification and classification of occupational accidents and diseases and dangerous occurrences in line with the ILO Code of Practice on the recording and notification of occupational accidents and diseases. The OSH Policy further provides for the development of regulations and supporting guidelines and tools to enhance the effectiveness and quality of the recording and notification system. The Committee requests the Government to pursue its efforts to ensure the notification to the labour inspectorate of occupational accidents and diseases, as required by Article 14 of the Convention, to provide a copy of any regulations or guidelines adopted in this respect, and to continue to provide the most current statistics regarding occupational accidents and diseases.

Article 15(c). Confidentiality of complaints. The Committee notes the information provided by the Government, in reply to its previous comments, that complaints received by labour inspectors are treated with confidentiality and that investigations in connection with inspection visits are carried out without giving an indication that a complaint was received. In this respect, the Committee welcomes the Government’s indication that in the review of the OSH Decree it will consider including a provision on confidentiality of the source of any complaint. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that labour inspectors treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions and also give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint, in conformity with Article 15(c) of the Convention.

Articles 20(1). Publication of the annual general report on the work of the inspection services. The Committee notes that the Government does not indicate if the MEICS publishes an annual general report on the work of the inspection services under its control. In this respect, the Committee notes that the 2017 OSH Policy comprises among its key strategies the effective monitoring of OSH, including through the submission to the ILO of the annual report on labour inspection in conformity with the Convention. The Committee therefore urges the Government to pursue its efforts to ensure that the central inspection authority publishes an annual general report on the work of the inspection services under its control, in conformity with Article 20 of the Convention.

Article 21. Subjects covered in the annual general report. In its previous comments, the Committee welcomed the Government’s indication that a database had been established to manage all information relating to inspection and noted that the Government did not provide information on some of the subjects listed in Article 21. The Committee welcomes the information provided by the Government on: the laws and regulations relevant to the work of the inspection service (Article 21(a)); the staff of the labour inspection service (Article 21(b)); the statistics of workplaces liable to inspection (7,652 businesses with an active trade licence) and the number of workers employed therein (31,355 and 6,113 workers employed in the private and parastatal sectors, respectively) (Article 21(c)); statistics of occupational accidents in 2015 (118) and from January to June 2016 (52), disaggregated by sector, sex, and type of accident (Article 21(f)).

Concerning the statistics of occupational diseases, as required by Article 21(g), the Committee refers to its comment above on the application of Article 14 of the Convention. Concerning the statistics of inspection visits (Article 21(d)), the Committee notes the lower number of visits in 2016 (228) compared to 2015 (898). In this respect, the Government indicates that visits conducted by more than one inspector at a single workplace counted as one visit in 2016, while in 2015 they had counted by number of inspectors. Concerning the statistics of violations and penalties imposed (Article 21(e)), the Committee notes the Government’s indication that, pursuant to section 37 of the OSH Decree, fines were imposed in cases of violations. However, the Government does not provide specific statistics on violations and penalties imposed, although it provides information on the number of establishments found in non-compliance. Taking due note of the information provided on the subjects covered in the annual general report concerning paragraphs (a), (b), (c) and (f) of Article 21 of the Convention, the Committee requests the Government to pursue its efforts to maintain a high level of detail in the statistics concerning occupational accidents and diseases and inspection visits, in conformity with paragraphs (d), (e) and (g) of Article 21 of the Convention.

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Article 3 of the Convention. Functions of the labour inspection system. The Committee notes that, according to the Government, since 2009, a unit responsible for controlling and conducting inspection on radiation safety and security has been established within the labour monitoring and compliance section. The Committee once again requests the Government to clarify whether the members of this unit are labour inspectors or other officials.

Article 7(1) and (2). Recruitment of labour inspectors. The Committee notes that, according to the Government, the posts of labour inspectors are advertised in the national newspaper and candidates are called for interview. The Government adds that the criteria used are in line with the scheme of service, specifying the requirements of certificate to master degree in labour studies, or industrial relations, or human resources, or occupational safety and health. The Government also indicates that “non-delegated cases” are forwarded to the Department of Public Administration for approval, while “delegated cases” are approved internally. The Committee requests the Government to provide a definition of and further information about “delegated cases” and “non-delegated cases”.

Articles 10 and 11. Resources of the labour inspection system. The Committee notes the information from the Government’s report that, between 2011 and 2013, the number of labour inspectors and inspection visits increased, but the labour inspectorate still needs more human resources. The Government also indicates that the Labour Department provides all inspectors with a SIM card for official calls, that a government vehicle is made available for inspection visits, and that workplaces are listed and priorities are set in order to ensure that they are inspected as often and as thoroughly as necessary. The Committee also notes that, according to the Government, on the basis of its needs and new anticipated projects, the labour monitoring and compliance section proposed an annual budget which is approximately one seventeenth of the Ministry’s annual recurrent budget. The Committee invites the Government to provide further information on measures envisaged or taken to ensure that the labour inspection system is provided with the human and material resources necessary to secure the effective discharge of its duties.

Articles 12(1)(c), (i) and 15(c). Power of labour inspectors to interrogate workers and the employer, and confidentiality of the source of any complaint. The Committee notes that, according to the Government, section 75(1)(d) of the Employment Act does not restrict the power of labour inspectors to freely interrogate workers established in Article 12(1)(c), (i) of the Convention. The Government also indicates that section 75(1)(d) complements section 75(1)(b) by allowing the employer and the labour inspector to agree on a moment in which the worker will be made available for interrogation, thereby preventing the employer from using the unavailability of the worker as an excuse to avoid his or her interrogation by labour inspectors. The Committee notes that the Government proposes to specify that the offence referenced in section 76(2)(o) is an offence under section 75(1)(d), and to introduce a subparagraph (p) in section 76(2) to make an offence “any attempt by the employer to prevent a worker from being interrogated freely by a competent officer under section 75(1)(b).”

Referring to paragraph 263 of the 2006 General Survey on labour inspection, the Committee reminds the Government that the power of labour inspectors provided with proper credentials to enter freely any workplaces liable to inspection and to interrogate the employer or the staff of the undertaking without previous notice, is necessary, inter alia, to enable inspectors to observe the confidentiality required by Article 15(c) as regards the purpose of the inspection if it is carried out in response to a complaint. The Committee therefore requests the Government to take the necessary measures, in law and in practice, to ensure that, as required by Article 12(1)(c), (i) of the Convention, labour inspectors may interrogate workers freely without having to request the employer to make them available. It also once again requests the Government to provide information on the manner in which it ensures the application, in law and in practice, of Article 15(c) of the Convention.

Article 13(2). Measures to remedy defects and power of injunction. The Committee notes with interest the information from the Government’s report concerning the activities of the labour inspectorate on prevention and enforcement in relation to occupational safety and health. The Committee notes that, according to the Government, the timeframes within which the employer is given letters of instructions for noncompliance with the Employment Act and with the Occupational Health and Safety Laws are 14 and 21 days, respectively. The Government also indicates that the first reminder gives the employer another seven days and the second and final reminder gives the employer 24 hours to comply, failing which: (s)he is prosecuted before the Employment Tribunal for failure to comply. Noting that the Government did not provide any information on the power of injunction of labour inspectors, the Committee once again requests the Government to provide information on the number of measures with immediate executory force issued by labour inspectors during the reporting period.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes the information from the Government’s report that the Ministry of Labour and Human Resources Development’s recording system on occupational accidents and diseases is not in line with the requirements of the ILO’s recording system. The Committee particularly notes that the Government expressed the hope to receive ILO technical assistance to better align the Ministry’s recording system on occupational accidents and diseases with the ILO’s requirements. The Committee invites the Government to submit a formal request for technical assistance from the Office in this respect.

Articles 20 and 21. Publication and content of the annual report. The Committee welcomes the information provided by the Government that a database has been established within the labour monitoring and compliance section for internal use to better manage all information relating to inspection, such as occupational accidents, types and number of inspection visits conducted during the year. The Committee however notes that the Government’s report and the extracts from the annual report of 2011 do not provide up-to-date statistical information on all the items listed in Article 21 of the Convention. The Committee recalls that, as it stated in its 2010 general observation, when well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. The Committee therefore once again requests the Government to provide a copy of the annual report containing all the information required in Article 21(a)–(g). It reminds the Government of the guidance to be found in Part IV of Recommendation No. 81 as to how the information required by Article 21 might be presented.

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The Committee notes the Government’s report which contains answers to several questions raised in the previous comments.

Articles 3, 5, 8, 9, 10, 16, 17 and 18 of the Convention. Functioning of the labour inspection system. The Government declares that the number of labour inspectors has fallen from six to four (three women and one man) while inspection visits are normally conducted on a semester or yearly basis and follow-up visits are conducted within one month, after which violations are forwarded to the Health/Environment/Employment Department. In reply to the Committee’s previous comments, the Government indicates that if cases of non-compliance are detected, they are treated through letters of instructions served by an inspector and appropriate reminders sent within specific time frames failing which the employer is prosecuted before the Employment Tribunal by the Employment Department for failing to comply. The Government also declares that, on average, every month the labour inspectorate section receives five cases of non-compliance regarding failure to pay or underpayment of minimum wages for example. Also, according to the Government, while joint inspections have stopped due to lack of human resources, when the need arises, joint inspections are conducted by the Public Health Department and Environment Department. The Government finally indicates that an electronic database is being set up by the Employment Department in order to provide a list of all workplaces liable to inspection.

The Committee recalls that according to Article 10 of the Convention, the number of labour inspectors should be sufficient to secure the effective discharge of the duties of the inspectorate in the light of the number of the workplaces liable to inspection, the number of workers employed therein, the number and complexity of the legal provisions to be enforced as well as the material means placed at the disposal of the inspectors and the practical conditions under which visits of inspection must be carried out in order to be effective. Moreover, according to Article 16, workplaces should be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Committee would be grateful if the Government would provide an evaluation of the needs of the labour inspectorate in human resources in the light of the criteria provided in Article 10 of the Convention, and if it would indicate the proportion of the national budget allocated to labour inspection, and the measures taken or envisaged to ensure that workplaces are inspected as often and as thoroughly as necessary (Article 16).

With reference to its general observation of 2009 on the importance of statistics of industrial and commercial workplaces liable to labour inspection and the number of workers covered, the Committee also requests the Government to keep the ILO informed of any progress made in the elaboration of a database in this regard.

The Committee would be grateful if the Government would specify the time frames within which the employer is given reminders failing which (s)he is prosecuted before the Employment Tribunal for failure to comply.

Noting moreover that the Government does not provide an annual report on the activities of the labour inspection services, the Committee requests the Government to indicate the number of inspection visits carried out, including in pursuance to complaints, and the number of violations detected with reference to the legal provisions and economic sectors concerned, as well as the number of notices served and cases brought to the justice system and the duration and outcome of the judicial proceedings (i.e. convictions pronounced, penalties imposed, etc.).

With reference to its general observation of 2007, the Committee requests the Government to indicate any measures taken or envisaged to promote effective cooperation between the labour inspection services and the justice system with a view to encouraging due diligence and attention in the treatment by judicial bodies of violations reported by labour inspectorates as well as disputes in the same fields referred directly to them by workers and their organizations.

The Committee notes moreover that the functions of the Labour Monitoring and Compliance Section include, in addition to securing compliance with legislation on conditions of work and the protection of workers, the overview of incidents and developments in the area of illicit trafficking and other unauthorized activities involving nuclear and other radioactive materials in the Seychelles as well as prime responsibility for radiation protection and the safety of sources. The Committee would be grateful if the Government would specify whether the labour inspectors or other officials of the section are responsible for these duties.

Articles 3(1), 5, 13 and 14. Labour inspection in the area of occupational safety and health. Notification of industrial accidents and cases of occupational disease. The Committee notes that according to the Government, the labour inspectors can issue a prohibition notice requiring the immediate cessation of activities in case of serious risk to personal injury. The Committee would like to recall that the activities of the labour inspectorate in the area of occupational safety and health should focus both on securing the enforcement of the relevant legislation (Article 3(1)(a)) and preventing industrial accidents and occupational diseases including through the provision of technical information and advice (Article 13(1)(a)), as well as measures with immediate executory force in the event of imminent danger to the health or safety of workers (Article 13(2)(b)). The Committee would also like to draw the Government’s attention to the fact that the establishment of a system that ensures access of the labour inspectorate to information on industrial accidents and cases of occupational disease (Article 14) is essential to the development of the prevention policy to which the Government has committed itself to in the framework of the restructuring of the labour inspection system.

The Committee would be grateful if the Government would indicate the activities, both in the area of prevention and enforcement, carried out by the labour inspectorate in relation to occupational safety and health and to indicate in particular the number of measures with immediate executory force issued by the labour inspection during the reporting period. Pleas also describe the system of recording and notification of industrial accidents and cases of occupational disease and indicate the role of the labour inspectorate in this framework. The Committee draws the Government’s attention in this regard to the ILO code of practice on the recording and notification of occupational accidents and diseases which offers guidance on the collection, recording and notification of reliable data and the effective use of such data for preventive action (available at: www.ilo.org/safework/normative/codes/lang--en/docName--WCMS_107800/ index.htm. The Committee also wishes to emphasize that labour inspectors can inform and sensitize employers and workers about the importance of notifying industrial accidents and cases of occupational disease so as to encourage compliance with the relevant legal provisions in pursuance of Article 3(1)(b) of the Convention and of Paragraphs 6 and 7 of Recommendation No. 81.

Taking note of the information provided on the composition and role of the tripartite Occupational Safety and Health (OSH) Board the Committee asks once again the Government to provide particulars on the activities of the Occupational Safety Board and on their impact on the application of the Convention. The Committee also draws the Government’s attention to the guidance provided in Part II of Recommendation No. 81 as to arrangements for collaboration between employers and workers in the area of occupational safety and health, notably safety committees or similar bodies, and requests the Government to provide information on any measures taken or envisaged to promote such arrangements.

Articles 6, 7 and 15. Status, training and probity of the labour inspection staff. The Committee notes that the revised Public Service Orders (PSO), 2011, contain numerous provisions on the status and conditions of service of labour inspectors. According to section 18 of the Orders, no public employee holds his/her office as of right and any office may be abolished by the President at any time without assigning any reasons. According to section 32, public employees can be engaged into one of the following categories: (i) contract of continuous employment; (ii) fixed-term contract; (iii) multilateral or bilateral agreement; (iv) casual basis; (v) part-time employment; (vi) consultancy basis. Terms and conditions of employment can be subject to variation under section 48 in certain conditions including restructuring and reorganization. Section 164 provides for the circumstances under which the employment of public servants can be terminated including in the public interest as justified by the Chief Executive Officer, in case where the post ceases to exist, in the case of an employee on a fixed-term contract and on grounds of localization. Recalling that under Article 6 inspection staff should be assured of stability of employment and be independent of changes of government and improper external influences, the Committee requests the Government to indicate the type of contract of employment under which labour inspectors are appointed and the manner in which they are ensured of stability of employment in the light of the revised Public Service Orders (PSO), 2011.

Noting moreover that section 47(4) refers to the issue of promotions and Chapter III lays down a salary structure and posts, the Committee requests the Government to specify the level of posts assigned to labour inspectors and their salary scale in relation to comparable categories of public employees like tax inspectors. Please also indicate the career prospects available to labour inspectors.

The Committee also notes that according to section 74(1) of the Employment Act provides that the minister may authorize any person to act as a competent officer (labour inspector) under this Act. The Committee recalls that according to Article 7, subject to any conditions for recruitment to the public service, labour inspectors shall be recruited with sole regard to their qualifications for the performance of their duties. The Committee therefore requests the Government to specify the criteria and process for the recruitment of labour inspectors.

Noting also that sections 148 and 149 of the PSO concern the training of public servants, the Committee requests the Government to specify the training available to labour inspectors and the training activities which took place during the reporting period, their subjects and their impact on the performance of the duties of labour inspectors.

Noting finally that the PSO contain some provisions on the disclosure of official secrets and the receipt of presents and gifts, the Committee once again requests the Government to indicate the provisions giving effect to each paragraph of Article 15 with regard to the prohibition of having any direct or indirect interest in the undertakings under the supervision of labour inspectors, the obligation not to reveal any manufacturing or commercial secret and the obligation to treat as absolutely confidential the source of any complaint as well as the fact that an inspection visit is made pursuant to a complaint.

Article 11(1)(b) and (2). Transport facilities and reimbursement of travelling and incidental expenses. The Government indicates that the inspectors may claim meal and transport allowances to the head of the Employment Department. The Committee notes that according to section 78 of the PSO, the transport allowance is reduced after the first 100 km of duty journey in any one calendar month and that section 190 of the PSO contains provisions on the use of government vehicles, and section 320 on telephone calls. The Committee requests the Government to specify the manner in which it is ensured that labour inspectors are encouraged to carry out inspections including in isolated areas, and to indicate the number of government vehicles and telephone equipment at the disposal of the labour inspectorate. The Committee also asks once again the Government to communicate a copy of the form for reimbursement of meal and transport allowances.

Article 12(1)(c)(i). Power of labour inspectors to interrogate workers and the employer. The Committee takes note of the legal provisions communicated by the Government which specify the powers of labour inspectors in the areas of OSH and employment (section 21 of the Occupational Health and Safety Decree 1978 revised edition 1991, and sections 74 and 75 of the Employment Act 1995). It notes that according to section 75(1)(b), labour inspectors can interrogate any employer or worker on any matter concerning the application of this Act. However, section 75(1)(d) provides that the labour inspector may require an employer to make any worker available for interrogation. The Committee notes that according to Article 12(1)(c)(i) of the Convention, the labour inspectors should be able to freely interrogate any worker without the intervention of the employer. The Committee requests the Government to indicate the measures taken or envisaged in order to repeal section 75(1)(d) of the Employment Act so that the labour inspectors may interrogate workers freely without having to request the employer to make them available.

Articles 19, 20 and 21. Reports on the work of the labour inspectorates. According to the Government, periodical reports on results of inspection activities are sent to the Director-General of Employment, in charge of the Labour Monitoring and Compliance Section and to the head of the Employment Department. Statistics on the work of the Inspectorate also features in the Employment Department’s annual report. The Committee notes however, that this annual report has not been communicated to the Office. The Committee once again draws the Government’s attention to the obligations under Articles 19, 20 and 21 of the Convention and requests it to provide a copy of the Employment Department’s annual report as well as the periodical report forms sent to the central authority. The Committee also requests the Government to indicate the measures taken or envisages in order to ensure that an annual report on the work of the labour inspection services is elaborated and published and that it contains information on all the items listed in Article 21 of the Convention, notably, statistics of inspection visits, violations and penalties imposed as well as industrial accidents and cases of occupational disease. The Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), as to the type of information that should be included in the annual labour inspection reports.

The Committee reminds the Government that it may avail itself of the ILO technical assistance if it so wishes.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s first report. It also notes the communication of the Employment Act (Cap 69) Employment (National Minimum Wage) (Exemption) Order, 2008and the Employment Act (Cap 69) Regulations, 2007. It would be grateful if the Government would communicate further information and documentation relating to the following issues.

Legislation. Noting that, according to the Government, the legal texts listed in the report have been amended to ensure better compliance and to cope with the existing development taking place at the national level, the Committee requests it to send a copy of the amended texts.

Articles 2 and 23 of the Convention. Scope of the labour inspection system. The Government is requested to indicate which categories of industrial and commercial workplaces are liable to labour inspection and to provide a copy of any legal provision adopted in this respect.

Article 3, paragraph 1, Articles 12, 13, 17 and 18. Duties and powers entrusted to labour inspectors. Noting the information provided by the Government under Article 3, the Committee would be grateful if the Government would provide a copy of the legal provisions investing labour inspectors with right of access to workplaces, investigation and injunction powers relating to occupational safety and health (Articles 12 and 13), as well as those relative to wages, hours of work and any other matter covered by the Convention (Articles 12 and 17).

Also noting the information provided by the Government on the penalties to be imposed in case of failure to comply with instructions given by an inspector, the Committee requests it to describe the manner in which it is also ensured that persons who violate legal provisions relating to conditions of work and the protection of workers while engaged in their work or obstruct labour inspectors in the performance of their duties are liable to prompt legal proceedings and that appropriate penalties are imposed on them and effectively enforced (Articles 17 and 18). The Committee requests the Government to provide related legal provisions and relevant available data. It also requests it to send a copy of the document entitled “Role and function of the section” which was referred to by the Government but not attached to the report.

Articles 4, 5 and 9. Joint labour/safety and health inspection visits and collaboration of the social partners in the work of the labour inspectorate. Noting that joint labour/safety and health visits are conducted and that different ministries participate therein, the Committee requests the Government to describe the manner in which such visits are initiated, prepared, conducted and followed up.

Also noting the information on Occupational Safety Board tripartite meetings, it would be grateful if the Government would provide particulars on the composition, the work and the results thereof.

Articles 6 and 15. Status of the labour inspection staff and obligations imposed on them. The Committee requests the Government to provide the legal provisions relating to the status of the labour inspectors and to indicate if and how effect has been given to each of the provisions of Article 15.

Articles 8 and 10. Numbers and gender balance of the labour inspection staff. The Committee notes the equal number of male and female inspectors (three of each). It requests the Government to indicate whether any specific missions are preferably entrusted to women inspectors, for example in workplaces employing mostly female workforce.

Article 11, paragraphs 1(b) and 2. Transport facilities and reimbursement of travelling and incidental expenses. According to the Government, transport is provided to labour inspectors to travel to the outer and inner islands and they are entertained with mail allowance. The Committee requests the Government to describe the manner in which transport facilities and reimbursement of the expenses are granted, in practice, to the labour inspectors for the performance of their duties and to communicate a copy of any relevant legal provision and form.

Articles 10 and 16. Frequency and thoroughness of inspection visits. According to the Government’s report, under Article 11, inspection visits are conducted at least once a year. It is also indicated under Article 16 that an inspection schedule/programme is drafted every week to ensure frequency of inspection visits in respect of occupational safety and health. The Committee would be grateful if the Government would give further details on the programming of labour inspection visits in respect of other matters, such as hours of work, wages, social security, and the performance of visits carried out as a consequence of a complaint or an industrial accident. It also requests it to indicate whether a register on workplaces liable to inspection has been established and updated on a regular basis for this purpose.

Articles 19, 20 and 21. Reports on the work of the labour inspectorates. The Committee notes that the Government has not sent copies of the reports indicated as attached to its report. It draws the Government’s attention to the obligations set up by the abovementioned provisions of the Convention and requests it to ensure that labour inspectors submit to the central inspection authority periodical reports on the results of their inspection activities (Article 19(1) and (2)) and that an annual general report on the work of the inspection services report is published and a copy thereof communicated to the ILO (Articles 20 and 21).

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Articles 8 and 10. Numbers and gender balance of the labour inspection staff. The Committee notes with interest the equal number of male and female inspectors (three of each). It requests the Government to indicate whether any specific missions are preferably entrusted to women inspectors, for example in workplaces employing mostly female workforce.

Article 10 and 16. Frequency and thoroughness of inspection visits. According to the Government’s report, under Article 11, inspection visits are conducted at least once a year. It is also indicated under Article 16 that an inspection schedule/programme is drafted every week to ensure frequency of inspection visits in respect of occupational safety and health. The Committee would be grateful if the Government would give further details on the programming of labour inspection visits in respect of other matters, such as hours of work, wages, social security, and the performance of visits carried out as a consequence of a complaint or an industrial accident. It also requests it to indicate whether a register on workplaces liable to inspection has been established and updated on a regular basis for this purpose.