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Labour Inspection Convention, 1947 (No. 81) - Caribbean Part of the Netherlands

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Legislation. The Committee notes the adoption of the Occupational Safety Decree IV Caribbean Netherlands which entered into force on 1 July 2019. The Government indicates that the objective of the Decree is to improve working conditions for the serious risks of asbestos, physical strain and diving work in the Caribbean Netherlands. The Committee also notes that a draft bill for the Working Conditions Act of the Caribbean Netherlands has been submitted for consultation to the Executive Councils and Central Dialogue Bonaire, but that the planned date for entry into force of a new law has been postponed to January 2023, due in part to COVID-19. The Committee requests the Government to continue to provide information on the progress made in the adoption of the Working Conditions Act, and on its implementation once it is adopted.

Articles 3, 10, 11 and 16 of the Convention.Functioning of the labour inspection system. Human and material resources.The Committee notes that according to the Government, labour inspectors worked on 180 cases in 2018, 245 in 2019 and 93 in 2020. The Committee notes the Government’s indication that fewer physical checks could be undertaken in 2020 due to the COVID-19 pandemic. The Committee also notes the information provided with regards to the number of warnings, court reports and shutdowns ordered by labour inspectors. The Committee request the Government to continue to provide information on the activities undertaken by the labour inspectors with regard to the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, including on the number of inspections undertaken, the violations detected and the penalties imposed. The Committee also requests the Government to provide information on the human and material resources allocated to the labour inspectorate for the performance of its duties.

Articles 20 and 21. Annual labour inspection reports.The Committee notes that the statistical information provided in the Government report is derived from the reports that the Inspectorate in the Caribbean Netherlands submits to the Ministry of Social Affairs and Employment every four months. The Committee encourages the Government to pursue its efforts to ensure the preparation and transmission to the ILO of the annual labour inspection report, containing all the information outlined in Article 21(a)–(g). The Committee also 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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Application in law and in practice of the Convention. The Committee notes the Government’s general indications on the organization and functioning of labour inspection in Bonaire, St. Eustacius and Saba. In this regard, it notes the Government’s explanations that the Dutch Ministry of Social Affairs and Employment is now responsible for inspections in these parts of the Netherlands and for ensuring compliance with the legal provisions. The Government also refers to cooperation with other inspection services, such as the Building Inspectorate and the National Shipping Inspectorate. The Committee requests the Government to provide more detailed information on the effect given in law and in practice to each provision of the Convention. Noting that no statistical information on the labour inspection activities was provided, the Committee also asks that the Government indicate what measures have been taken or are envisaged to ensure that the central labour inspection authority elaborates, publishes and communicates to the ILO an annual labour inspection report, in accordance with the requirements of Article 20 of the Convention, containing information on all the subjects listed in Article 21 (a)–(g).