CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

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

Articles 6 and 10 of the Convention. Number and conditions of employment of labour inspectors. The Committee notes with concern that 13 labour inspectors, three inspectors of the Occupational Health and Safety Authority and ten inspectors in the Department of Industrial and Employment Relations have left their jobs to take up employment in the private sector, where conditions of employment are more attractive. It observes that only seven of them have been replaced. With reference to paragraphs 201–224 of its General Survey of 2006 on labour inspection concerning the status and conditions of service of labour inspectors, the Committee draws the Government’s attention in particular to paragraph 209, in which it emphasizes that the remuneration of labour inspectors has to reflect the importance and specificities of their duties and take account of personal merit, as well as paragraph 216 in which it considers that career prospects that take into account seniority and personal merit are essential to attract and especially to retain qualified and motivated staff in labour inspectorates. The Committee urges the Government to take measures rapidly to ensure that all vacant posts in the inspectorate are filled as soon as possible and that the conditions of service of the profession as a whole are reviewed with a view to their adjustment so as to attract and retain sufficient numbers and motivated staff. It requests the Government to keep the ILO informed of any progress in this respect and of any difficulties encountered.

Article 21. Contents of the annual report. The Committee notes that the annual report on inspection activities does not contain statistics on the workplaces liable to inspection, in the absence of which it is impossible to assess the coverage rate of the labour inspection services and the adequacy of the number of inspectors in relation to needs. Furthermore, the data on violations of the legislation are fairly brief and do not provide indications on the nature of the violations or the action taken as a result. The report confines itself to indicating in this respect that 126 claims were issued giving rise to fines totalling €122,809.58. The Committee requests the Government to refer to its general observations of 1996, 2007 and 2009 and to take measures to enable the central inspection authority to publish and communicate to the Office an annual report containing all the information required under the terms of Article 21 of the Convention as recommended in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81).

Labour inspection and child labour. In light of the data provided, the Committee notes with interest that the number of reported cases of violations of the minimum age legislation fell from 52 cases in 2005–06 to 24 cases in
2008–09. Further to its previous comment, the Committee once again requests the Government to provide detailed information on the labour inspection activities carried out in collaboration with the Directorate for Educational Services and their results.

CMNT_TITLE

Articles 3(1), 5(a), 16, 18 and 21 of the Convention. Annual report on the labour inspection activities and collaboration with the judicial authorities. The Committee notes with interest the annual inspection report provided to the Office containing information reporting a number of good practices which deserve to be emphasized, and particularly the activities carried out by the Occupational Health and Safety Authority in schools to raise awareness among the public from an early age concerning occupational safety and health issues, as well as the participation in the European Safety and Health at Work Campaign with the slogan “Healthy Workplaces – Good for you. Good for business”, which emphasizes the financial value to enterprises of beneficial conditions of work for workers. The Committee also notes with interest the information on the inspection campaigns targeting certain branches of activity, such as hotels and the collection of household rubbish.

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

CMNT_TITLE

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:

Articles 20 and 21 of the Convention. Reporting obligations of the central labour inspection authority. The Committee notes the concise statistical tables sent by the Government with its report on Convention No. 129, concerning inspection activities undertaken by the inspectorate in 2005 with regard to monitoring legislation concerning wages. These tables refer to the number of inspections carried out, the number of infringements recorded and also the number of cases dealt with in each branch of activity (Article 21(d) and (e)), without mentioning the number of workplaces liable to inspection or the number of workers covered (Article 21(c)), so that it is impossible to evaluate the overall level of coverage by the labour inspectorate with regard to needs. While welcoming the availability of such data, the Committee reminds the Government of the central labour inspectorate’s obligation to publish and send an annual report on inspection activities containing the information required by Article 21(a)–(g). It would like to draw the Government’s attention to the usefulness of such report for evaluating at both national and international level the operation of the labour inspection system and the improvement thereof with a view to the optimum coverage of needs. Valuable guidance on the presentation and level of detail of the information which the annual report should contain on the subjects covered by Article 21(a)–(g) of the Convention is provided by Part IV of Recommendation No. 81. The Committee hopes that the Government will take measures as soon as possible to ensure that an annual report on labour inspection activities containing all the required information will soon be published and that a copy will be transmitted by the central inspection authority to the ILO according to the procedures laid down in Article 20. The Committee would be grateful if the Government would keep the Office informed of all progress made in this respect and send a copy of any relevant legal text and also any statistical information available on each of the subjects covered by Article 21.

Article 5(a). Labour inspection, child labour and inter-institutional cooperation. Also referring to the information contained in the Government’s report on the Minimum Age Convention, 1973 (No. 138), received by the ILO in 2002, with regard to inspection activities undertaken by the Employment and Training Corporation to monitor the application of legislation on child labour between May 2000 and May 2002, the Committee notes that these activities resulted in 130 infringements with regard to minimum age being reported to the Education Department. It would be grateful if the Government would indicate whether such activities have continued beyond the period mentioned, send information on their scope and results and describe the mechanisms for cooperation established between the labour inspectorate and the Education Department. It also asks it to indicate the follow-up action taken regarding, firstly, any legal proceedings taken against offending employers and, secondly, the situation of the children concerned.

CMNT_TITLE

Articles 20 and 21 of the Convention. Reporting obligations of the central labour inspection authority. The Committee notes the concise statistical tables sent by the Government with its report on Convention No. 129, concerning inspection activities undertaken by the inspectorate in 2005 with regard to monitoring legislation concerning wages. These tables refer to the number of inspections carried out, the number of infringements recorded and also the number of cases dealt with in each branch of activity (Article 21(d) and (e)), without mentioning the number of workplaces liable to inspection or the number of workers covered (Article 21(c)), so that it is impossible to evaluate the overall level of coverage by the labour inspectorate with regard to needs. While welcoming the availability of such data, the Committee reminds the Government of the central labour inspectorate’s obligation to publish and send an annual report on inspection activities containing the information required by Article 21(a)–(g). It would like to draw the Government’s attention to the usefulness of such report for evaluating at both national and international level the operation of the labour inspection system and the improvement thereof with a view to the optimum coverage of needs. Valuable guidance on the presentation and level of detail of the information which the annual report should contain on the subjects covered by Article 21(a)–(g) of the Convention is provided by Part IV of Recommendation No. 81. The Committee hopes that the Government will take measures as soon as possible to ensure that an annual report on labour inspection activities containing all the required information will soon be published and that a copy will be transmitted by the central inspection authority to the ILO according to the procedures laid down in Article 20. The Committee would be grateful if the Government would keep the Office informed of all progress made in this respect and send a copy of any relevant legal text and also any statistical information available on each of the subjects covered by Article 21.

Article 5(a). Labour inspection, child labour and inter-institutional cooperation. Also referring to the information contained in the Government’s report on the Minimum Age Convention, 1973 (No. 138), received by the ILO in 2002, with regard to inspection activities undertaken by the Employment and Training Corporation to monitor the application of legislation on child labour between May 2000 and May 2002, the Committee notes with interest that these activities resulted in 130 infringements with regard to minimum age being reported to the Education Department. It would be grateful if the Government would indicate whether such activities have continued beyond the period mentioned, send information on their scope and results and describe the mechanisms for cooperation established between the labour inspectorate and the Education Department. It also asks it to indicate the follow-up action taken regarding, firstly, any legal proceedings taken against offending employers and, secondly, the situation of the children concerned.

CMNT_TITLE

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

The Committee notes the Government’s report for the period ending 1 May 2003, as well as the replies to its previous comments. It notes, however, that the annual inspection report has not been transmitted to the ILO. The Committee therefore once again requests the Government to take the necessary measures to ensure its publication and communication by the central authority within the time limits set out in Article 20. It would be grateful if the Government would ensure that relevant information on inspection activities related to child labour are regularly included in such reports.

CMNT_TITLE

The Committee notes the Government’s report for the period ending 1 May 2003, as well as the replies to its previous comments. It notes, however, that the annual inspection report has not been transmitted to the ILO. The Committee therefore once again requests the Government to take the necessary measures to ensure its publication and communication by the central authority within the time limits set out in Article 20. It would be grateful if the Government would ensure that relevant information on inspection activities related to child labour are regularly included in such reports.

CMNT_TITLE

The Committee notes the Government’s report and the replies to its previous comments. It also notes the information contained in the annual reports for 1999 and 2000 of the Department of Industrial and Employment Relations on the activities of the labour inspection services, and the table of June 2001 on the categories of employment in the various sectors. It requests the Government to provide additional information on the following points.

Labour inspection and child labour. With reference to its previous comments on the labour inspection activities carried out in 1995 to detect abusive employment of children and young persons, and noting that 48 infringements regarding the employment of children were reported between June and September 1995, the Committee once again requests the Government to provide information on the measures taken against employers committing infringements and to ensure that information on this issue is regularly included in the annual report on the activities of the labour inspection services.

Articles 6; 7; 12, paragraph 1; and 13 of the Convention. The Committee notes that five officials in the general service of the Department of Industrial and Employment Relations carry out labour inspections relating to employment contracts and conditions of employment. The Government adds in its report that steps are also being taken to recruit six other inspectors on a contract basis by the end of 2001. The Committee emphasizes that, in accordance with the above Articles, labour inspectors should enjoy a status and conditions of service such that they are assured of stability of employment, they should be recruited on the basis of specific qualifications and should receive adequate training and should be entrusted with the powers of free entry and investigation, as well as powers of injunction with a view to securing the enforcement of the legal provisions that they are responsible for supervising, and it therefore requests the Government to indicate whether officials in the general service carrying out inspection functions and inspectors recruited on a contract basis respond to the criteria of aptitude required by the Convention and whether they are accorded the powers inherent in inspection duties, as set out in the instrument. If not, the Government is requested to take the necessary measures to this end and to keep the ILO informed of any progress achieved.

Article 12, paragraph 1(a). With reference to its previous comments and noting the Government’s explanations that it is the responsibility of inspectors to assess the reasonable nature of the time at which inspections should be carried out, the Committee would be grateful if the Government would take the necessary measures to ensure that the right of labour inspectors to enter freely workplaces liable to inspection can be exercised, on a legal basis, at any hour of the day or night, as required by this provision.

Articles 20 and 21. The Committee requests the Government to take the necessary measures to ensure the publication and communication by the central authority, within the time limits set out in Article 20, of an annual report prepared on the basis of the guidance provided by Part IV of Recommendation No. 81, which supplements the Convention.

CMNT_TITLE

The Committee notes the Government’s successive reports since 1995, and the annual reports of the Department of Labour covering the period from 1994 to 1998. It also notes the legislative texts provided, such as the Conditions of Employment (Regulation) Act, 1952, as amended, and the Occupational Health and Safety (Promotion) Act, 1994 (Act No. VII).

With reference to its previous comments, the Committee notes the Government’s replies and the information provided, as contained in the above annual reports, respecting the application of Articles 7, 12(1)(a) and (d), and 15 of the Convention. The Committee would be grateful if the Government would provide additional information on the following points:

1.  The Committee notes the data contained in the annual reports of the Department of Labour on the numbers and composition of the staff of the labour inspectorate and would be grateful for further data on the proportion of women in the inspection staff. It would be grateful if the Government would indicate in particular the manner in which effect is given to Article 8, which provides that, where necessary, special duties may be assigned to men and women inspectors, with particular reference to the mission of promoting and enforcing measures needed to promote the employment and advancement of women and their conditions of employment, which were mentioned in the annual reports of the Department of Labour as being included in the role of the Department of Labour.

2.  The annual report for 1995 refers to a joint exercise by labour inspectors and the Employment and Training Corporation with a view to detecting illegal employment and any abusive employment of children or young persons, particularly in tourist localities. The Committee would be grateful if the Government would provide information on the results of this joint exercise, and particularly on the measures taken in cases in which violations were found in these fields.

3.  According to the Government’s explanations, the expression "at all reasonable times", defining the periods when inspectors have the right to enter workplaces liable to their supervision, must be interpreted as at any time when inspectors have reason to believe that work is being carried out. The Committee notes that the Occupational Health and Safety (Promotion) Act contains a provision with the same scope as the previous text in this respect. The Committee is bound to emphasize once again that the right of inspectors to enter the above workplaces, as set out in Article 12(1)(a) and (b), should not be limited to the hours of work of the workplaces and that they should also be able to exercise this right at any time. This latitude should allow labour inspectors to detect illegal employment outside normal working hours, as well as ascertaining the state of certain machines at rest. The Government is requested to refer in this regard to paragraphs 161 et seq. of the Committee of Experts’ 1985 General Survey on labour inspection, to take the necessary measures to bring its legislation into conformity with the above provisions of the Convention in this respect and to inform the ILO of any progress achieved on this matter.

4.  In addition to the texts to which the Government refers concerning the matters covered by Article 15, the Committee notes that section 39(5) of the Conditions of Employment (Regulation) Act, 1952, as amended, reproduces the exact text of these provisions. The Committee requests the Government to state whether this text remains in force.

5.  The Committee notes that, under the terms of section 8(2)(a) of the Occupational Health and Safety (Promotion) Act, 1994, employers are obliged to inform, in such mode or manner as may be prescribed, the Director of Labour or any person mentioned in the Act or in regulations or orders made under the Act of any industrial accident or injury, or of any work-connected disease, at a place of work under their control. The Committee would be grateful if the Government would provide information on the measures taken and the texts adopted to apply this provision in practice.

6.  The Committee notes the absence of statistics in the annual reports of the Department of Labour on workplaces liable to supervision by the labour inspection services. It wishes to emphasize the essential nature of such information to assess the extent to which effect is given to Article 16 of the Convention, under the terms of which these workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Government is therefore requested to take appropriate measures to ensure that the annual reports on the work of the inspection services contain in future, in accordance with Article 21(c) and (d), not only statistics of inspection visits, but also statistics of all workplaces liable to inspection.

CMNT_TITLE

Further to its previous comments, the Committee notes the brief information contained in the Government report. Please provide full details on the following matters.

Article 7 of the Convention. The Committee notes that the Government is taking steps to reorganize the inspectorate and the Department of Labour. It hopes these measures will help the Government to ensure that persons recruited to be inspectors are adequately trained for the tasks required of them.

Articles 10 and 18. The Committee notes with interest the information that the Bill for the Promotion of Occupational Health and Safety was presented to the House of Representatives and that it is expected to become law in the near future. Please provide a copy when the law is adopted.

Article 12, paragraph 1(a) and (b). The Committee notes the information provided in reply to its previous comments that section 39(2) of the Conditions of Employment (Regulations) Act empowers an inspector to enter freely and without previous notice at all reasonable times any premises or place of work. The Committee recalls the requirements of this provision of the Convention that labour inspectors be empowered to enter freely and without prior notice at any hour of the day or night any workplace liable to inspection, and by day any premises which they may have reasonable cause to believe to be liable to inspection. Please provide a copy of the said Act (incorporating amendments to date), which has not reached the Office with the Government's last report.

Article 15, paragraphs (a) and (c). The Committee notes the Government's report does not reply to its previous comments regarding the absence of provisions in the Factories (Health, Safety and Welfare) Regulations, 1986 prohibiting inspectors from having an interest in undertakings supervised, or providing for the confidentiality of complaints. It trusts the Government will not fail to indicate the measures taken in this respect.

Article 16. The Committee notes the Government's report does not reply to its previous comments requesting information on the measures the Government envisages to address the decline in the number of routine inspections carried out between 1989 and 1990 and further to ensure workplaces and undertakings are inspected as often and as thoroughly as necessary. Please provide full details in the next report.

Articles 20 and 21. The Committee notes that no report on the activities of the inspection services has been transmitted in accordance with these provisions of the Convention. It draws the Government's attention to the importance it attaches to the compilation and publication within the time-limits set by Article 20 of annual reports on the activities of the inspection services containing all the information listed in Article 21.

CMNT_TITLE

The Committee notes the information provided in the Government's report.

Article 7 of the Convention. The Committee notes from the Government's report on Convention No. 129 that the system of recruitment of labour inspectors draws upon "general service" grades. Please provide detailed information on the measures taken to ensure that persons recruited to be inspectors are adequately trained for the tasks required of them.

Article 10. Further to its previous comment, the Committee notes that the 1989 annual report refers to the need to strengthen control of health and safety at work. The Committee asks that information in this regard be provided with the next report.

Article 12, paragraph 1(a) and (b). The Committee notes that section 28(2)(a) of the Conditions of Employment (Regulation) Act, 1952, does not provide for entry by inspectors where there is reasonable cause to believe that a place is liable to inspection. The Committee asks that information be provided as to practical application of this section in light of the requirements of this Article.

Article 15, paragraphs (a) and (c). The Committee notes that the Factories (Health, Safety and Welfare) Regulations, 1986, do not prohibit inspectors having an interest in undertakings supervised, or provide for the confidentiality of complaints. Please indicate what measures are taken in this respect.

Article 16. The Committee notes from the statistics provided with the Government's report that the number of routine inspections carried out in 1990 is substantially down from the number reported in 1989. The Committee asks the Government to indicate whether measures have been envisaged to ensure that workplaces and undertakings are inspected as often and as thoroughly as necessary.

Article 18. Please indicate whether penalties for violations of legal provisions or for obstruction are considered adequate, with particular reference to the inspection services of the Inspectorate and Safety Unit of the Department of Labour and Emigration.

Articles 20 and 21. The Committee notes that although some statistics were provided with the Government's report, the International Labour Office has not received an annual report on the work of inspection services. The Committee notes that reports on the working of government departments for 1988 and 1989 previously sent to the Office contained the basic data required by Article 21. Please ensure that subsequent annual reports are sent as required by the Convention. Please also include statistics of workplaces liable to inspection and numbers of workers employed there. The Committee would finally be grateful if measures were taken to provide separate statistical analysis for the industrial and the agriculture sectors.

CMNT_TITLE

Article 10 of the Convention. The Committee notes with interest that the Government intends to reorganise the inspectorate and to increase the number and improve the quality of the personnel in order to make labour inspection more efficient, particularly with regard to the protection of the health and safety of the workers. It would be grateful if the Government would keep it informed of any measures taken in this respect.

Articles 20 and 21. The Committee notes that the International Labour Office has not received the annual inspection report. It trusts that, in future, annual reports containing information on all the subjects listed at Article 21 will be published and transmitted to the International Labour Office within the time-limits laid down at Article 20.