Comments adopted by the CEACR: North Macedonia

Repetition

The Committee notes the report provided by the Government on the application of Convention No. 3, the first report provided since its ratification in 1991. The Committee recalls that in 2012 the country ratified the Maternity Protection Convention, 2000 (No. 183), which is the most up-to-date ILO standard on maternity protection. As the first detailed report on the application of Convention No. 183 is due in 2014, the Committee has decided to examine the information provided by the Government on the application of Convention No. 3 together with the information to be provided in 2014. In this respect, the Committee invites the Government, when drawing up the requested report, to follow the indications in the report form adopted by the Governing Body.

Repetition

The Committee notes that in its brief report, the Government once again refers to the Rulebook on the Minimum Health and Safety Requirements Regarding the Exposure of Workers to Chemical Substances, indicating that pursuant to section 11(2) of the Rulebook, the procedures relating to the protection of health when working with dangerous chemical substances for which there is a binding biological limit value are provided for in Annex No. 2 of the Rulebook. However, the Committee notes that despite its request, the Government has not submitted a copy of the Rulebook and its annexes and has not provided information on measures taken to give effect to the Convention. Recalling that the Office is available to assist governments in bringing their national law and practice into conformity with the Conventions, the Committee requests the Government to provide detailed information in its next report on measures taken or envisaged to give full effect to each of the provisions of the Convention and to submit a copy of the abovementioned Rulebook and its annexes.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Repetition

Articles 4 and 5 of the Convention. Total and partial exceptions – Compensatory rest. The Committee requests the Government to refer to the comments made under Articles 6, 7 and 8 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1)(a) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Labour inspection activities with regard to foreign workers and the protection of foreign workers in an irregular situation. The Committee notes the Government’s indication, in reply to its previous comments, that labour inspectors carry out the supervision of the implementation of the Law on Employment of Foreign Nationals (LEFN) during regular inspections in the areas of labour relations. The Committee notes that, pursuant to section 18(2) of the Law, the monitoring of its implementation shall be carried out by the State Labour Inspectorate (SLI) and pursuant to section 18(3), labour inspections related to work permits and illegal employment or work of foreign nationals may be carried out ex officio or at the request of the Employment Service Agency (ESA). The SLI is then obliged to submit reports every six months regarding the instituted procedures and imposed misdemeanour sanctions to the ESA pursuant to section 18(4) of the LEFN. Fines can be imposed not only on an employer or a facilitator of illegal work, but also on a foreign national if she or he does not present the work permit when requested by the SLI (section 27). The Committee recalls that, pursuant to Article 3 of Convention No. 81 and Article 6 of Convention No. 129, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Further, in its 2006 General Survey, Labour inspection, paragraph 78, the Committee indicated that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. Referring to paragraph 452 of the 2017 General Survey on certain occupational safety and health instruments, the Committee recalls that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. The Committee requests the Government to take specific measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to ensure the protection of workers in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It requests the Government to provide information on action undertaken by the inspectorate to ensure the enforcement of the rights of foreign workers found to be in an irregular situation. It further asks the Government to provide information on the number of cases in which foreign workers found to be in an irregular situation have been granted their due rights, such as the payment of outstanding wages or social security benefits.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour inspection: Conventions Nos 81 and 129

Legislation. The Committee notes the overlapping provisions of the Law on Labour Inspection (LLI), 2002 (as amended) and the Law on Inspection Supervision (LIS), 2011 (as amended) (which applies to all supervisory bodies, not only the labour inspectorate). Pursuant to section 18(2) of the LIS, inspectors are authorized to undertake procedures and activities in accordance with the LIS and LLI with no explicit reference to the legal hierarchy in terms of their application. The Committee requests the Government to provide information on the extent to which labour inspectors are bound by the principles established under the LIS as well as on how the overlapping or conflicting provisions under the LIS and LLI are applied in practice to the daily work of labour inspectors.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Undeclared work. Following its previous comments, the Committee notes that labour inspectors are able to issue a decision to order the employer to enter into a permanent employment contract when they detect undeclared work without an appropriate employment contract and registration in the compulsory social insurance scheme (section 259 of the Labour Relations Law). Noting the Government’s failure to reply to its previous request for information on the labour inspection activities related to undeclared work, including the proportion of time and resources spent on activities related to undeclared work compared with the time spent on securing the enforcement of legal provisions relating to other areas (e.g. working hours, wages, occupational safety and health (OSH), child labour), the Committee once again requests the Government to provide this information, including information on the State Labour Inspectorate’s activities on undeclared work, including the number of inspections, violations found, orders for the entrance into employment contracts, and subsequent penalties imposed.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Structure of the labour inspection system. Supervision and control by a central authority. The Committee welcomes the Government’s indication that as of 2014, the State Labour Inspectorate became an independent body within the Ministry of Labour and Social Policy (MoLSP), as a legal entity with its own budget account. However, the Committee takes note of the Government’s indication that the Inspection Council (IC) established under the LIS is charged with supervising all the state inspection authorities, including coordinating the work of inspection services and monitoring the application of inspection procedures and the performance of each inspection institution, accompanied by disciplinary procedures for inspectors. The Committee requests the Government to provide information on the impact of the supervision by the IC on the activities of the labour inspectorate.

Articles 5(a), 13 and 14 of Convention No. 81 and Articles 12(1), 18, and 19 of Convention No. 129. Cooperation between the inspection services and government services in the areas of OSH. The Committee notes the detailed information in the Government’s report, in reply to its previous comments, on the cooperation between the Health Insurance Fund and the State Labour Inspectorate, as well as the information on the number of occupational injuries and fatalities in 2013, 2014 and 2015. The Committee notes with interest the information contained in the annual labour inspection report for the work of 2017 (2017 Annual Report) that labour inspectors and sanitary health inspectors carry out joint and coordinated inspections. In 2017, a total of 156 such joint inspections were carried out. The Committee requests the Government to continue to provide information on the impact of the LIS on the enforcement of OSH legislation and the prevention of industrial accidents and cases of occupational disease and to provide information on the outcomes of the joint inspections (including the number of detected violations, subsequent corrective measures taken and sanctions imposed).

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 13, 22, 23 and 24 of Convention No. 129. Legal proceedings and adequate penalties. Cooperation with the judiciary. The Committee notes the statistical information contained in the 2017 Annual Report on the administrative measures or orders issued, misdemeanour charges filed, sanctions applied, and criminal charges filed. The Committee also notes that, under the misdemeanour procedure, the amount of the established fines can be reduced to half, based on the liable employer’s agreement to settlement for paying the fine within eight days (section 266(c) of the Labour Relations Law). It further notes the information contained in the Government’s report that labour inspectors collaborate with the courts through participation as a witness in the court hearings. The Committee requests the Government to indicate the impact of the settlement procedures on the protection of workers’ rights and the manner in which it ensures that penalties for violations are effectively enforced and remain sufficiently dissuasive. The Committee requests the Government to continue to provide statistics of violations, administrative measures, settlement procedures and penalties imposed, disaggregated by the nature of infringements according to the legal provisions to which they relate.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers or their organizations. The Committee requests the Government to indicate whether the State Labour Inspectorate is able to collaborate or consult with employers’ and workers’ organizations on any of the matters under the supervision of the IC which relate to the labour inspection system and its functioning. It also once again requests the Government to provide detailed information on the activities of the Council for Occupational Safety and Health and the Economic and Social Council in relation to labour inspection.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspection staff. The Committee notes that, pursuant to section 3 of the LLI, the Director of the State Labour Inspectorate is now appointed by the Government for a four-year term with the possibility of extension and is mandated to develop an annual programme for the work of the State Labour Inspectorate and submit it to the IC for review. The Director is responsible for: reporting to the IC on the implementation of the work plan on a quarterly basis; preparing each inspector’s monthly plan of work; and preparing and submitting an annual report to the IC. The Committee notes that, pursuant to section 19(j) of the LIS, inspectors are subject to annual evaluations, which are taken into account for salary increases, promotions or disciplinary procedures for unsatisfactory performance. The Committee requests the Government to provide more detailed information on the application in practice of the evaluation process under the LIS, including the number of inspectors receiving salary increases, the number receiving salary decreases, the number of disciplinary procedures undertaken, the number of appeals from salary decreases or disciplinary procedures, and the outcomes of these procedures.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors and specific training for labour inspectors in agriculture. The Committee notes the information in the Government’s report, in reply to its previous comments, that labour inspectors in OSH are university graduates in mechanical engineering, civil engineering, architecture, technology, electrical engineering and occupational safety with a minimum of three years’ work experience. It also notes that, in addition to the professional requirements in terms of the LLI, the LIS obliges all state inspectors including labour inspectors to pass an inspector examination and obtain a licence. The IC is responsible for the examination, licensing, professional qualification and specialization of inspectors. The Government states that OSH inspectors attend mandatory internal training in order to update them on legal developments, as well as training courses arranged with external experts. The Committee further notes the information in the 2017 Annual Report that four training courses were organized on minimum wages and general administrative procedure in performing inspection supervision under a project for Modernization of the Inspection Services, and a number of information sessions were offered in the course of 2017. The Committee requests the Government to continue to provide information on training of inspectors, including training focused on the technical knowledge and skills for labour inspectors in agriculture. Recalling the importance of specific training for the performance of labour inspection duties in agriculture and related issues, the Committee also requests the Government to take the necessary measures to ensure that labour inspectors are provided with specific training in this area, upon their entry into service and in the course of employment.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration with private experts in OSH-related matters. The Committee notes the Government’s indication, in reply to its previous comments on the supervision of entities or persons licensed to perform expert tasks in the area of OSH that the State Labour Inspectorate prepares a report twice a year on the OSH violations detected by private experts or professionals licensed by the MoLSP. The Committee requests the Government to ensure that the reports on the OSH violations detected by private experts or professionals are reflected in the annual labour inspection report and transmitted to the ILO.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Resources of the labour inspection system and inspection visits. The Committee previously noted the decrease in the number of regular inspections and insufficient material means available to labour inspectors. It notes that, according to the Government’s report and the 2017 Annual Report, the number of regular inspections in the areas of labour relations has further declined from 22,973 in 2015 to 13,255 in 2017, despite a slight increase in the number of labour inspectors, from 114 in 2015 up to 118 in 2017. Recalling the importance of ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to provide information on the reasons for the significant decrease in the overall number of regular labour inspections undertaken. It requests the Government to continue to provide information on the number of inspections undertaken and the number of labour inspectors, and the budgetary allocation to the State Labour Inspectorate, as well as information on the coverage of workplaces liable to inspections.

Articles 14 and 21 of Convention No. 81 and Articles 19 and 27 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. Content of the annual inspection reports. The Committee notes the statistical information in the Government’ report on the number of occupational injuries, diseases and deaths for the years 2013–15: there was an increase in the number of serious injuries and occupational fatalities from 2013 to 2015 (from 1,338 to 1,461 and 16 to 24 respectively). However, the Committee notes that the 2017 Annual Report does not appear to contain equivalent statistical information. The Committee requests the Government to ensure that statistical information on the number of industrial accidents and cases of occupational disease is collected, and this information is reflected in annual labour inspection reports in accordance with Article 21(f)–(g) of Convention No. 81 and Article 27(f)–(g) of Convention No. 129.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Content of annual reports on the work of the labour inspection services The Committee notes that the 2017 Annual Report contains information on the number of labour inspectors and the number of inspections performed (as required by Article 21(b) and (d) of Convention No. 81). The Committee observes, however, that the 2017 Annual Report does not contain information on the numbers of workplaces liable to inspection and of workers employed therein, the statistics on violations, industrial accidents, and occupational diseases (Article 21(c), (e), (f) and (g) of Convention No. 81 respectively). Furthermore, no disaggregated data or specific information on labour inspection activities in agriculture is provided (as required by Articles 26 and 27 of Convention No. 129). The Committee notes that the Government has recently sought ILO technical assistance with respect to data collection by the State Labour Inspectorate. The Committee urges the Government to pursue its efforts to ensure that the annual labour inspection report contains full information on the labour inspection services including in agriculture, required by Article 21(c), (e), (f) and (g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129, and transmit them to the ILO.

Issues specifically concerning labour inspection in agriculture

Article 12 of Convention No. 129. Cooperation between the inspection services in agriculture and government services. The Committee previously noted the Government’s indication that inspections would be carried out with the State Inspectorate for Agriculture (SIA) as part of the implementation of the Rulebook on minimal requirements for occupational safety and health of workers exposed to risks related to chemical substances. It notes the Government’s indication, in reply to its previous comments, that no joint inspections were performed by the State Labour Inspectorate and the SIA. The Committee requests the Government to indicate the reasons why joint inspections by the State Labour Inspectorate and the SIA have not been implemented and to provide information on any collaboration in the agricultural sector undertaken by the State Labour Inspectorate or the SIA with other government services or institutions engaged in similar activities.

Labour administration: Convention No. 150

The Committee notes the information provided by the Government in its first report on the application of the Convention.

Articles 5 and 9 of the Convention. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. The Committee notes the Government’s indication that the national tripartite Economic and Social Council plays a role in giving effect to the application of Article 5 of the Convention. With regard to the activities of the Economic and Social Council, the Committee refers to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 6(2)(a). Preparation, administration, coordination, checking and review of the national employment policy by the competent bodies within the system of labour administration. With regard to the national employment policy, the Committee refers to its comments on the Employment Policy Convention, 1964 (No. 122).

Article 7. Progressive extension of the functions of the system of labour administration to certain categories of workers. The Committee notes the Government’s statement that the labour administration system does not cover persons who, pursuant to the law, are unemployed. The Government indicates that it monitors the situation and will extend the existing labour administration system if there is a need to do so. The Committee requests the Government to continue to provide information regarding any developments on the intention to extend labour administration activities to workers engaged in occupations listed in Article 7 of the Convention.

Article 10. Staff of the labour administration system. The Committee notes the information in the Government’s report on the number of labour inspectors, regular training offered to the employees of the bodies under the labour administration system, and the organizational chart. The Committee requests the Government to provide information on the number of staff of the labour administration system, as well as information on accreditation and recruitment procedures for those labour administration staff other than labour inspectors. It also requests the Government to provide information on the material means and the financial resources provided.

Repetition

Article 6 of the Convention. Entitlement to weekly rest. The Committee notes that, under section 121 of the Labour Relations Law of 22 July 2005 (Official Gazette No. 62/2005), a full-time employee may, as an exception, conclude a part-time employment contract with another employer for not more than ten hours a week. It also notes that section 121(2) of the Labour Relations Law requires such a contract to include agreed provisions on the manner in which the employee is expected to exercise the rights and obligations arising from the full-time employment contract. The Committee therefore understands that section 121(2) of the Labour Relations Law seeks to guarantee the worker’s entitlement to weekly rest in case the additional part-time employment would impact on that entitlement. The Committee requests the Government to clarify whether this understanding is correct.

Articles 7, 8 and 11. Permanent and temporary exceptions. In reply to the Committee’s previous comment, the Government indicates that, under section 134(3) of the Labour Relations Law, work on the weekly rest day – which in principle is Sunday – may be rendered necessary by objective, technical or organizational reasons, that is, whenever the work process cannot be interrupted without impacting negatively on the enterprise’s work. Recalling that permanent and temporary exemptions to the ordinary weekly rest scheme may be authorized only under the limited circumstances specified in Articles 7 and 8 of the Convention, the Committee requests the Government to provide further clarification on the categories of workers and the types of establishments subject to special weekly rest schemes and to indicate how it is ensured that temporary exemptions granted under section 134(3) of the Labour Relations Law do not go beyond the circumstances provided for in Article 8(1) of the Convention. In addition, referring to section 136(3) of the Labour Relations Law, the Committee again requests the Government to indicate the steps taken or envisaged to re-examine the appropriateness of special weekly rest schemes providing for the averaging of weekly rest over a reference period of up to six months, and to consider the possibility of amending the relevant provisions of the Labour Relations Law accordingly.

Article 8(3). Compensatory rest. The Committee requests the Government to indicate how it is ensured in law and in practice that, where temporary exemptions are authorized, compensatory rest of at least a 24-hour duration is granted, as required under Article 8(3) of the Convention.

Repetition

Article 1(3) of the Convention. Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. With reference to its previous comments, the Committee notes the information in the Government’s report that road vehicles and agricultural and forestry tractors are regulated by the Law on Vehicles (Official Gazette of Republic of Macedonia No. 140/08, 53/11, 123/12, 70/13 and 164/13) and that the State Agricultural Inspectorate or the State Forestry Inspectorate have jurisdiction over the agricultural and forestry tractors that are used in agricultural or forestry works. The Committee also notes that the vehicles undergo maintenance and are subject to safety regulations. However, the Committee observes that the Government’s report does not contain any information with regard to measures taken to ensure the effective application of this provision of the Convention to road and rail vehicles during locomotion in relation to the safety of the operator, and to mobile agricultural machinery in relation to the safety of workers employed in connection with such machinery. The Committee therefore once again requests the Government to provide further information on the measures taken to ensure the effective application of this provision of the Convention.

Articles 2 and 4. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee previously noted the lists of dangerous parts and categories of machinery contained in Annex IV of the Rulebook on Machinery Safety and the basic requirements for safety and health in connection with the design and manufacture of machinery contained in Annex I of this Rulebook. It noted that the enumeration of dangerous parts contained in the Rulebook on Machinery Safety did not include all the parts explicitly enumerated in Article 2 of the Convention. The Committee notes the information in the Government’s current report that a list of safety components is drafted in Annex V of the Rulebook on Machinery Safety and that it is necessary for the dangerous parts and the machines to comply with the standards in the List of Standards (Official Gazette of Republic of Macedonia No. 143/12) to ensure that the product is safe. However, the Committee notes that there is no indication in the Government’s report of legislation or other equally effective measures prohibiting the sale and hire of machinery of which the dangerous parts, specified in Article 2(3) and (4), are without appropriate guards. In this regard, the Committee wishes to draw the Government’s attention to the objective of Article 2 of the Convention, which is to guarantee that machines are safe before they reach the user, whereas the abovementioned legislation refers to general safety provisions concerning the guarding of machinery once it is in use. The Committee requests the Government to ensure that the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards must be prohibited by national laws or regulations or prevented by other equally effective measures and to provide information in this respect. It therefore requests the Government to take all appropriate measures to include the list of dangerous parts of machinery as contained in Article 2(3) and (4) of the Convention, in the relevant laws and regulations.

Article 3(3). Sale or transfer of machinery for storage, scrapping or reconditioning. The Committee notes the information in the Government’s report that if the machines do not comply with the provisions of the Rulebook on Machinery Safety, the state labour inspectorate takes appropriate measures for limiting or prohibiting those machines to be placed on the market in accordance with section 18 of the Rulebook on Machinery Safety or it guarantees that the machines are withdrawn from the market, in accordance with section 36 of the Law on Product Safety. The Committee notes that section 18 of the Rulebook on Machinery Safety refers to the marking and labelling of machinery and that section 36 of the Law on Product Safety refers to powers of the inspection authorities during an inspection. The Committee therefore notes that neither of the provisions refers to the sale or transfer of machinery for storage, scrapping or reconditioning. The Committee requests the Government to provide information on measures taken or envisaged to give effect to Article 3 of the Convention.

Article 10. Measures establishing the employers’ obligation to bring relevant national legislation to the notice of workers and workers’ instructions. The Committee previously noted that section 14 of the Law on Occupational Safety and Health prescribes that the employer shall provide signs of danger and instruction for safe use on the working equipment and means of work, in accordance with a special regulation. The Committee notes from the Government’s current report that in accordance with Annex VII of the Rulebook on Machinery Safety, the manufacturer of machines is obliged to provide a Technical File before placing the machines on the market, which includes comprehensive information, including a copy of the guidelines for operating the machines, descriptions and explanations needed for the handling of the machines, risk assessment documentation which show the list of essential requirements applicable, and a description of precautions for eliminating the identified dangers or reducing the risks, and if applicable, other risks related to the machines. The Committee once again requests the Government to provide further information on the special regulation mentioned in section 14 of the Law on Occupational Safety and Health. It also requests the Government to indicate how employers give notice to workers and instruct them regarding the dangers arising, and the precautions to be observed, in the use of machinery and establish and maintain environmental conditions so as not to endanger workers covered by the Convention.

Articles 12 and 14. Measures ensuring that workers’ rights under national social security or social insurance legislation are not affected and measures ensuring that the term employer includes a prescribed agent of the employer. The Committee notes the information in the Government’s report that the operation of machines by workers does not influence their social security rights which arise from the employment contract or when regulated by the Law on Working Relations, and that the working position itself is irrelevant for the realization of the right to social insurance. The Committee also notes that an employer can be a legal entity, a natural person or a person authorized by the employer to perform operations on its behalf. The Committee requests the Government to indicate the specific provisions of the national legislation which give effect to the Articles 12 and 14 of the Convention and to submit a copy these provisions along with its next report.

Application of the Convention in practice. The Committee requests the Government to give an appreciation of the manner in which this Convention is applied in the country, including, for example, extracts from inspection reports and information on any practical difficulties in the application of this Convention.

Repetition

Articles 3 and 4(2) of the Convention. Criteria for determining the minimum wage level and full consultations with the social partners. In its previous comments, the Committee noted that section 4 of the Minimum Wage Act (Official Gazette No. 11/12) defined the national minimum wage as a standard percentage of the country’s gross average rate, and requested the Government to clarify: (i) whether the social criteria enumerated in Article 3 were taken into consideration for determining the level of the minimum wage; and (ii) the role of the Economic and Social Council in the minimum wage fixing process. The Committee notes that: (i) section 4 of the Minimum Wage Act was amended in 2017 (Official Gazette No. 132/17); (ii) section 4(1) of this Act currently provides that the annual adjustment of the minimum wage is based on the national average wage, the consumer price index, and the real growth of the gross domestic product; and (iii) pursuant to section 4(2) of the same Act, the Economic and Social Council provides an opinion on the annual adjustment of the minimum wage prior to its publication in the Official Gazette. The Committee also takes note of the Government’s indications in its report that: (i) the introduction of the minimum wage in 2012 has proven to be beneficial for the economy of the country and that it is thus possible to consider further increasing the level of the minimum wage; and (ii) the social partners were consulted prior to the adjustments of the minimum wage level. Finally, the Committee notes that the Government is receiving technical assistance on the application of the Convention.

Repetition

Article 7 of the Convention. Holiday pay. The Committee notes that the Labour Relations Law does not seem to contain any provision expressly requiring the payment of holiday pay in advance of the holiday. The Committee requests the Government to specify how effect is given to this Article of the Convention.

Articles 11 and 12. Compensation in lieu of unused leave upon termination of employment – Prohibition to relinquish or forgo the right to holiday. The Committee notes the Government’s reference to section 145 of the Labour Relations Law, as last amended in 2009, which provides that an employee is entitled to cash compensation for any unused part of annual leave at the end of the employment relationship. The Committee recalls, in this connection, earlier comments made by the Federation of Trade Unions of Macedonia (CCM) alleging that the labour legislation gives the right to employers to dispense with workers’ right to annual leave and replace it with minimal cash compensation. The Committee therefore requests the Government to confirm that replacing holiday entitlement with cash compensation is prohibited except in the event of termination of employment.

Repetition

The Committee notes that in its brief report, the Government indicates that pursuant to the Law on Occupational Safety and Health (OSH), every employer has the obligation to draft and implement a safety statement specifying the measures to be undertaken with regard to OSH. The Government also refers to section 4(1) of the Rulebook on the Minimum Health and Safety Requirements Regarding the Exposure of Workers to Chemical Substances (Official Gazette of the Republic of Macedonia No. 46/10) (hereinafter “the Rulebook”), which states that the binding limit values for professional exposure are provided for in Annex No. 1 and are fully implemented and monitored by inspection services. Once again recalling that, under article 22 of the ILO Constitution, the Government is required to submit regular reports on the measures which it has taken to give effect to the provisions of the Conventions to which it is a party, the Committee requests the Government to provide detailed information on the effect given to each Article of the Convention, in law and in practice, including specific references to the relevant provisions of the abovementioned Rulebook.

Repetition

Article 1(1) of the Convention. Periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. Further to its previous comment, the Committee notes that, in 2014, the Ministry of Health and the Institute for Public Health conducted a survey in all authorized institutions for occupational safety, which required these institutions to submit data on measurements of each occupational hazard performed in the last three years. The Government indicates that the analysis of the data collected is still ongoing. Recalling that Article 1 of the Convention calls for the periodical review of the list of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control, the Committee requests the Government to indicate the manner in which this list is reviewed at periodical intervals as well as the manner in which the results of the abovementioned survey are used in this process.

Article 5. Medical examination and health supervision. In reply to the Committee’s previous comment, the Government indicates that the types of medical examinations provided to workers with an increased risk of exposure to carcinogenic and mutagenic substances are determined by the new Decree on the Type, Manner, Volume and Pricing of Health Examinations of Workers (No. 60/2013). The Committee requests the Government to supply a copy of this text. The Government is also requested to provide information on the measures taken to ensure, that workers exposed to carcinogenic substances and agents are also provided with medical examinations after the period of employment, to evaluate and supervise their state of health in relation to occupational hazards, in accordance with this provision.

Article 6(a). Consultations with the most representative organizations of employers and workers concerned. The Committee notes that the Government’s report contains no information on this point. The Committee is therefore bound to reiterate its request to the Government to provide information on the manner in which consultations are held with the most representative organizations of employers and workers concerned on measures taken to give effect to the Convention.

Article 6(b). Bodies in charge of ensuring compliance with the provisions of the Convention. The Committee notes the information provided by the Government concerning the obligations of employers. The Committee requests the Government to indicate the statutory body or bodies in charge of supervising the implementation of the provisions of the Convention and of ensuring compliance therewith.

Application of the Convention in practice. The Committee notes from the Government’s report that there is currently no statistical data on occupational diseases due to exposure to carcinogenic substances or agents, but that a Professional Diseases Registry will be established. The Committee also notes that the Health and Environment Committee is currently reviewing the implementation of the laws and regulations on exposure to carcinogenic substances and agents. The Committee requests the Government to provide further information on the ongoing review process and its results as well as on any developments concerning the establishment of the Professional Diseases Registry. The Government is also requested to provide information on inspection visits carried out, the number and nature of contraventions detected and the sanctions imposed relating to the application of the Convention.

Repetition

The Committee welcomes the detailed information provided in the Government’s report on the measures taken by the tripartite Economic and Social Council (ESC) during the reporting period to promote and strengthen social dialogue and tripartite consultations at the national and local levels. The Government reports that the ESC continues to hold meetings, with seven meetings having been held in 2017. It adds that the social partners have engaged in both bipartite and tripartite consultations at the national level, and refers to discussions concerning the development of labour legislation and various action plans, including an action plan on the promotion of social dialogue, discussed by the ESC in 2015. Moreover, in 2016, among other activities, the ESC reviewed and adopted an action plan for the promotion of collective bargaining. The Government further indicates that six local ESCs have been established in the municipalities of Resen, Sveti Nikole, Strumica, Kichevo, Radovish and Struga, bringing the total of local ESCs to 15. The Committee requests the Government to provide information on the implementation and impact of the measures adopted under the action plans to promote social dialogue and collective bargaining and to communicate copies of the relevant action plans. The Committee further invites the Government to provide information with regard to whether any measures have been taken in relation to the possibility of introducing a fund for the promotion of social dialogue, discussed in the meeting.

Article 4. Administrative support and training. The Committee notes the Government’s indication that, in 2015, the ESC’s Rules of Procedure were amended, expanding its institutional framework and technical functioning. Six permanent working bodies were established within the ESC. In addition, a tripartite secretariat was established providing technical and expert support to the ESC, for whose functioning special rooms were provided and equipped. The Government indicates that thematic trainings and workshops were organized to strengthen the capacities of both the national and local ESCs. The Committee requests the Government to provide updated information on the nature and impact of the amendments made to the ESC’s Rules of Procedure. In addition, the Committee invites the Government to provide information on any arrangements made for the financing of the training of participants, including information concerning the frequency, nature and content of the training provided.

Article 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide detailed information on the content and outcome of tripartite consultations held on each of the matters related to international labour standards set out in Article 5(1)(a)–(e) of the Convention. The Committee notes that the Government’s report does not contain information in this respect. The Committee therefore reiterates its request for detailed information on the content and outcome of tripartite consultations in relation to the matters covered under Article 5(1): the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference, particularly with regard to the Government’s comments on proposed texts to be discussed by the Conference (Article 5(1)(a)); consultations held with the social partners on the proposals made to the competent authorities upon the submission of instruments adopted by the Conference (Article 5(1)(b)); tripartite consultations on the re-examination of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and on denunciation of ratified Conventions (Article 5, paragraph 1(e)).

Repetition

Article 1(2) and (3) of the Convention. Scope. The Committee notes from the Government’s report that activities regulated by special laws, such as the armed forces, the police, and some of the activities of the rescue and protection forces, as well as customs workers, are not covered by the Law on Occupational Safety and Health (Law on OSH). It notes however, that domestic workers are now covered by the Law on OSH as of October 2011. The Committee requests the Government to take the appropriate measures, including the adoption of new legislation, to guarantee the application of the Convention to workers which are not covered by the Law on OSH.

Article 4(1). Measures to be taken for the prevention and control of occupational hazards. The Committee notes in the Government’s report information on measures for the reduction and prevention of risks at work and that the Government refers to section 12 of the Law on OSH, which states the general obligation of an employer in regard to occupational safety and health. The Committee notes that this provision is not specific to the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration. The Committee does note however, that section 4 of the Rulebook for occupational safety and health regarding exposure to the risks arising from noise states the exposure limits for noise, but does not give specific measures to be taken in order to reduce the risk associated with such exposure. The Committee further notes that if an employer does not act upon a decision by the state labour inspector, the state labour inspector proposes a settlement procedure before applying for an infringement procedure to the competent court. The Committee once again requests the Government to indicate the specific provisions in its national legislation which provide for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration.

Article 7(2). Rights of workers or their representatives. The Committee previously noted the information provided by the Government regarding sections 27, 31(1) and 38(2) of the Law on OSH. The Committee asked the Government to indicate the measures taken or envisaged, in law and in practice, to allow workers or their representatives to appeal to appropriate bodies so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment. Noting that the Government has not supplied the information requested, the Committee once again requests it to do so.

Article 8(1). Establishing criteria for determining hazards. The Committee previously asked the Government to indicate the measures taken or envisaged, in law and in practice, to establish criteria for determining the hazards of exposure to air pollution in the working environment. Noting that the Government’s report contains no information in this regard, the Committee once again requests the Government to indicate the measures taken or envisaged, in law and in practice, to establish criteria for determining the hazards of exposure to air pollution in the working environment.

The Committee also notes, once again, that the Government has omitted to provide information on the application of Articles 8(2)–(3), 11(3), 12, and 14 of the Convention. The Committee reiterates its request that the Government provides information on the application of these Articles, in law and in practice.

Application of the Convention in practice. The Committee notes from the Government’s report that, in 2013, the state labour inspectors covered 134,693 employees in the field of occupational safety and health and performed examinations of allowed values of exposure to noise and vibrations in 150 legal entities, and that identified deficiencies have been corrected. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and to provide, where such statistics exist, information on the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents and diseases reported.

Repetition

Legislation. The Committee notes the information provided by the Government regarding the transposition of a number of European Union directives into national legislation during the reporting period, namely through the adoption of the Rulebook on Minimal Requirements on Occupational Safety and Health for Work on Board Fishing Vessels and of the Rulebook on the Minimal Requirements for Occupational Safety and Health of Workers regarding Risks Related to Exposure of Physical Agents (Electromagnetic Fields). It also notes the information provided on the effect given to Articles 5(c) and 19(d) of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Articles 4, 5, 6, 7 and 15 of the Convention. Principles of a national policy on occupational safety and health (OSH). The Committee notes the information provided by the Government regarding the establishment in 2011 of the Occupational Safety and Health Council (hereinafter “the Council”), an expert advisory body composed of representatives of the Government and of the most representative organizations of employers and workers tasked with reviewing and providing opinions on the national OSH Programme and Strategy, the drafting of OSH laws and regulations and on the state of OSH (section 43 of the Law on Occupational Safety and Health). The Committee also notes that the Government adopted a Programme on OSH which determines the Strategy on the Development of OSH (hereinafter the “Strategy”) in relation to the protection of life, health and the prevention of occupational accidents and diseases. The Strategy adopted for the 2011–15 period aims to include all of the relevant factors for the achievement of a modern, effective and efficient OSH system in the country which will contribute to the reduction of occupational injuries and diseases. The Strategy also served as the basis for the 2013–14 Action Plan for OSH, which determines, on the basis of the objectives of the OSH Programme, the specific actions, measures, time frame, responsible authorities and indicators for the monitoring and evaluation of the proposed activities. The Government further indicates that the implementation of the Strategy and the Action Plan is achieved through inter-sectoral activities and through social dialogue and the development of tripartite partnerships. However, the Committee notes that the Government does not provide sufficient information on the OSH principles contained in the Programme, Strategy and Action Plan, and therefore does not enable it to evaluate whether these components of the national policy give effect to the requirements of Articles 5, 6, 7 and 15 of the Convention. The Committee requests the Government to provide further information on the OSH Council, particularly with regard to its functions and the frequency of its meetings. It also requests the Government to provide detailed information on the manner in which the principles of Part II of the Convention are taken into account in the components of national policy, to provide information on the results of consultations held with regard to the implementation and periodical review of national policy, and to submit copies of relevant national OSH documents, including the Programme, Strategy and Action Plan.

Article 10. Guidance to employers and workers. The Committee notes the indication of the Government that in April 2013, a fair was held in Skopje to inform employers of their legal obligations in relation to OSH and to share new expertise and skills in this field. The Committee requests the Government to provide further information on measures taken or envisaged to ensure that guidance is provided to employers and workers so as to help them to comply with the legal obligations in relation to OSH.

Articles 11(a)–(f), 12(a)–(c), 14 and 19(e). Obligation of the competent authorities to ensure that certain functions are progressively carried out. Obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Measures taken or envisaged with a view to promoting the inclusion of questions of OSH at all levels of education and training. Inquiries by the workers or their representatives on OSH questions and the possibility of involving technical advisers. The Committee notes that the Government has once again omitted to provide responses to the comments it formulated in 2008 regarding the effect given to the abovementioned Articles. The Committee once again reiterates its request that the Government provide information on the measures taken, in law and in practice, to give effect to Articles 11(a)–(f), 12(a)–(c), 14 and 19(e) of the Convention.

Application of the Convention in practice. The Committee notes the indication of the Government, in response to the Committee’s request, that a seminar on mobile construction sites was held in early 2013 and attended by construction company representatives, which included a presentation by OSH inspectors. The Committee also notes the statistical information provided by the Government, according to which the number of legal entities inspected with regard to the OSH training of employees increased from 14,437 in 2012 to 16,594 in 2013, while the number of entities where training deficiencies or irregularities were recorded decreased from 3,185 to 2,176. Furthermore, the Committee refers to the statistical information, provided by the Government in its report under the Occupational Health Services Convention, 1985 (No. 161), according to which a total of 15,687 irregularities were identified by labour inspectors with regard to OSH, and that these irregularities primarily related to mandatory health examinations, provision of personal protective equipment, and failure to undertake measures to remove fire and explosion hazards. However, the Committee notes that no statistical data is provided on the number of occupational accidents and diseases recorded during the reporting period. The Committee once again requests the Government to provide information on measures taken or envisaged to address the high number of occupational accidents and deaths in the manufacturing industry previously noted, and to continue to provide information on the measures taken in the construction industry. It also requests the Government to provide information on the application of the Convention in practice, including on the number of workers covered by the legislation, the number, nature and causes of the accidents and diseases reported, etc.

Technical assistance. The Committee notes the interest of the Government in receiving technical assistance from the Office to improve its legislation by bringing it into conformity with the ILO Conventions on OSH. The Committee therefore invites the Government to make a formal request for such a technical assistance to the Office.

Repetition

Article 1(a)(ii) of the Convention. Adaptation of work to the capabilities of workers. Pursuant to its previous comments, the Committee notes the Government’s indication that the Institute of Public Health (the Institute) is the specialized public health institution responsible for the collection, processing and evaluation of health statistics within all areas of health care (Law on Healthcare Records, Official Gazette of Republic of Macedonia No.20/2009). The Institute established a registry in 2014 and is currently collecting and processing data on the operation of the authorized occupational health institutions. An integral part of this registry includes data for advising employers, workers and their representatives of companies that have concluded agreements with authorized occupational health institutions or institutions that otherwise provide services that arise from Law on Occupational Safety and Health (Law on OSH). The Committee requests the Government to provide information on the data gathered by the registry of the Institute, and how effect is given to this Article of the Convention for workers who work in companies which have not concluded an agreement with the authorized occupational health institutions.

Articles 2 and 4. Coherent national policy on occupational health services in consultation with the most representative organizations of employers and workers and measures taken to give effect to the provisions of the Convention. The Committee notes the information in the Government’s report that there are currently no records which refer to consultations with the representative organizations of employers and workers for measures that need to be undertaken in order to protect and promote the health of workers’, as previously requested by the Committee. The Committee recalls that in accordance with Articles 2 and 4 of the Convention, the competent authority shall, both in regard to the formulation, implementation and periodic review of a coherent national policy on occupation health services and the measures taken to give effect to the provisions of the Convention, consult with most representative organizations of employers and workers, where they exist. It further notes that the Occupational Safety and Health Strategy of the Republic of Macedonia (2011–15) is available on the Ministry of Health’s website. The Committee requests the Government to take the appropriate measures to ensure that consultations with the most representative organizations of employers and workers are held, both in regard to the formulation, implementation and periodical review of a coherent national policy on occupational health services and with regard to measures taken to give effect to the provisions of the Convention, and to provide information in this respect.

Article 3. Progressive development of occupational health services for all workers. The Committee notes from the Government’s report under the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) that activities regulated by special laws, such as the armed forces, the police, and some of the activities of the rescue and protection forces, as well as customs workers, are not covered by the Law on OSH. It also notes the Government’s indication that the Military Medical Centre provides occupational safety and health for the members of the armed forces and that the Polyclinic of the Ministry of Internal Affairs provides services for the employees of that Ministry. The Committee requests the Government to indicate the measures taken or envisaged to ensure the progressive development of occupational health services for all other workers that are not covered by the Law on OSH.

Article 5. Functions of the occupational health service. Noting that the Government has not supplied the information requested in this respect, the Committee once again requests the Government to indicate the specific provisions which give effect to each paragraph under Article 5.

Articles 7, 9 and 10. Organization and conditions of operation for occupational health services. The Committee notes from the Government’s report that the integration of the occupational safety and health functions is presently under analysis to identify the strengths and weaknesses of the actual occupational safety and health system. Pursuant to the decision by the Government on 19 November 2013, proposed by the Committee on Health and Environment, in cooperation with the Institute of Public Health of Republic of Macedonia, data is being collected on performed risk assessments, the number of workplaces under risk, the number of exposed workers and equipment owned by these institutions, in order to be able to perform the periodic measurements of the hazards in the working environment. The Committee notes the Government’s indication that while the analysis should identify the strengths and weaknesses of the OSH system, in the past three years, the largest occupational health institutions have not submitted their work reports, although a request by the Minister of Health was delivered in April of this year. The Committee requests the Government to provide information on the outcome of the analysis of the performed risk assessments. It reiterates its request for the Government to take measures, in law and in practice, to ensure the full application of Articles 7, 9 and 10 concerning the organisation and conditions of operation of occupational health services and to provide information in this respect.

Article 15. Occupational health services to be informed of any known factors which may affect the workers’ health. The Committee notes that Occupational Health Services shall be notified of any identified risks at the workplace through referrals for preventive health examinations and that sick leave, temporary absence from work due to medical reasons, shall be issued by selected physicians who provided integrated health protection services to patients. It further notes that in cases of increased frequency of sick leave, the employer may require data analysis. The Committee requests the Government to provide detailed information on the measures taken to ensure that occupational health services are informed of occurrences of ill health among workers, and absence from work for health reasons, in order to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace.

Application of the Convention in practice. The Committee notes from the Government’s report that, in 2013, labour inspectors in the area of occupational safety and health performed a total of 10,699 regular inspection supervisions; 4,167 control inspection supervisions, and 1,338 inspection supervisions based on injuries reported at work. In the same year, labour inspectors adopted 3,698 decisions regarding irregularities and deficiencies within specified deadlines out of 15,687 deficiencies identified. The Committee notes that most of the identified deficiencies concerned mandatory health examinations of employees in the authorized health institutions in the field of occupational medicine, and that the third leading cause was failure to conduct training of workers in occupational safety and health. Nonetheless, the Committee notes the Government’s statement that identified deficiencies are in decline compared to 2012 and that the inspections indicate the increased awareness of employers regarding safety at work and the safety of each employee. The Committee requests the Government to continue to give a general appreciation of the manner in which the Convention is applied in the country and to provide relevant statistics.

Repetition

Articles 3(2), 10 and 11 of the Convention. Periodic review in light of technical progress and advances in scientific knowledge and measures to regulate or prohibit the use of asbestos. The Committee takes due note of the Government’s indication in its report that the List of Prohibition and Restrictions for Use of Chemicals (No. 57/2011) (the List) issued in accordance with section 8 of the Law on Chemicals (LC) (No. 145/10) prohibits the marketing, production and use of all types of asbestos, as well as products containing fibres of asbestos (crocidolite, amosite, chrysotile, tremolite, anthophyllite, actinolite), though with certain time-bound exceptions in terms of the use of diaphragms containing chrysotile which are part of the existing installations for electrolysis, reinforced asbestos klingerit, and graphite braids, any products placed on the market before the adoption of the List, and the production, marketing and use of asbestos. The Committee notes that pursuant to the List, these exceptions were allowed until mid-2011 and only on condition that a high level of health protection was ensured. In addition, the Committee takes due note that the Ministry of Health has established the Department for Chemicals which is mandated to register operators performing activities for trade and production of chemicals including asbestos and inspection supervision, in order to fully implement the List and the LC. The Committee requests the Government to provide information on the work of the Department for Chemicals with respect to the implementation of the prohibition of asbestos, including any difficulties encountered in that respect.

Article 4. Consultations with the most representative organizations of employers and workers concerned regarding the measures to be taken to give effect to the provisions of the Convention. The Committee notes the Government’s indication, in response to the Committee’s request, that tripartite consultations are organized through professional meetings and coordination by the non-governmental organizations (NGOs). The Committee also notes with interest that the Action Plan for Implementation of the Safety and Health Strategy at Work for 2017–20, available on the website of the Ministry of Labour and Social Policy (MoLSP), which has been developed through the tripartite national OSH council in terms of section 43 of the Law on Safety and Health at Work (LSHW), establishes measures to be undertaken to examine the effects of asbestos including the development of a methodology for disease screening caused by exposure to asbestos. It further notes that the National Asbestos Profile and the National Programme for Eliminating the Asbestos-related Diseases have been adopted through tripartite consultation. It requests the Government to continue to provide information on the manner in which the employers’ and workers’ organizations are consulted for developing the measures taken to give effect to the provisions of the Convention, including consultations within the context of the tripartite national OSH council. It also requests the Government to continue to provide information on the implementation of the National Programme for Eliminating the Asbestos-related Diseases.

Article 6(3). Procedures for dealing with emergency situations. With reference to the aforementioned ban on all types of asbestos and products containing fibres of asbestos, the Committee notes the Government’s indication of sections 17, 25, 26 and 27 of the LSHW concerning general emergency procedures. The Committee further notes that section 15(5) of the Rulebook on minimum requirements of safety and health of employees from the risks related to occupational exposure to asbestos provides that the mandatory training provided to workers must include procedures to be followed in the case of emergencies.

Articles 17(2) and (3), and 19. Demolition workplan. Disposal of waste. The Committee notes the information in the Government’s report, in reply to its previous comments, that the adoption of action plans prepared prior to the initiation of demolition and transfer of materials containing asbestos define the measures to be taken to ensure the safety and health of workers, through the participation of workers, in accordance with section 27(1)(2)(3) of the LSHW which obliges employers to allow employees, union representatives or employee representatives where there is no trade union, and representatives of employees for OSH, to participate in discussions for all OSH-related issues. It further notes that in accordance with section 14 of the Rulebook on minimum requirements of safety and health of employees from the risks related to occupational exposure to asbestos, the plan to be developed before work involving the removal of asbestos or demolition work involving materials containing asbestos must prescribe the necessary measures to ensure safety and health of employees. In accordance with section 13, in the case of demolition, removal or maintenance of buildings with materials containing asbestos, measures must be taken to prevent the spread of asbestos dust. Concerning consultation with workers, section 4 provides that the risks assessment undertaken for any activity likely to involve a risk of exposure to asbestos dust or materials containing asbestos shall be subject to consultation with workers or their representatives. Section 13(2) provides that, in the case of demolition, removal or maintenance of buildings with materials containing asbestos, where the air concentration limit value of asbestos may be exceeded, workers and/or their representatives shall be consulted on the protective measures to be taken. Lastly, with respect to waste disposal, the Committee notes that in accordance with section 8 of the Rulebook, asbestos or building materials containing asbestos shall be stored and transported in a properly sealed package and must be collected and removed from the workplace in properly sealed and labelled containers.

Article 21(3). Workers to be informed of the results of their medical examinations. The Committee notes the Government’s explanation, in reply to its previous request concerning medical examinations during the course of employment, referring to the Regulation on the type, manner, scope and price list of medical examinations for employees, that medical examinations are mandatory for all workers engaged in work involving increased risk of asbestos. The Government indicates that this Regulation makes mandatory medical examinations prior to the commencement of work at a workplace with exposure to asbestos and periodic examinations at a workplace involving exposure to asbestos. The Committee notes that pursuant to this Regulation, it is obligatory to inform workers of reports on their health and work capacity employers are obliged to refer workers to prior and periodic examinations and for doctors to submit the findings, opinions and recommendations based on the examinations.

Article 21(4). Maintenance of income for workers whose health is at risk. With reference to its previous comments, the Committee notes the detailed information in the Government’s report concerning disability compensation and insurance applicable to workers with temporary or permanent inability or disability to work due to occupational exposure to asbestos. It also takes due note of the right of workers concerned with the ability to work to vocational rehabilitation for a full-time job if they are younger than 50 years.

Article 21(5). Notification of occupational diseases. The Committee notes the Government’s statement in its report recognizing the issues regarding the under-reporting of occupational diseases. It therefore takes due note of the Government’s indication that the establishment of a new registration system for occupational diseases had been expected to start in early 2017. The Committee requests the Government to continue to provide information on the progress made in this regard, including the launch of the new registration system, its implementation, and the impact on the implementation of the Convention with respect to the notification of occupational diseases caused by asbestos.

Application of the Convention in practice. The Committee notes the Government’s indication that the MoLSP and the Ministry of Health are authorized to carry out inspections and submit data to the Institute of Public Health, which has developed standard forms for tracking activities related to exposure to asbestos. The Committee also notes the Government’s indication that the Health and Sanitary Inspection would initiate inspection supervisions by 2016 and collect statistics and produce quarterly reports on the numbers of medical examinations carried out on workers occupationally exposed to asbestos, jobs with a risk of exposure to asbestos and the workers concerned. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number of inspections undertaken focusing on occupational activities with a risk of exposure to asbestos, the number and nature of the contraventions detected, the number of medical examinations carried out on workers occupationally exposed to asbestos and the number of occupational diseases reported as being caused by asbestos.

Repetition

The Committee notes the Government’s first report which refers to the most up-to-date pieces of legislation which are not yet available to the Office. The Committee notes also that the report does not indicate the specific provisions of the legislation giving effect to the requirements of each of the articles of the Convention as requested in the report form.

The Committee would be grateful if the Government could provide consolidated pieces of legislation, translated if possible into one of the working languages of the Organization, and in particular:

– the Labour Relations Law as of 2013;

– the Law on Heath Insurance as of 2014;

– the Law on Occupational Safety and Health as of 2013; and

– the last version of the General collective agreement mentioned in the Labour Relations Law (section 27).

Should these laws be amended before the next reporting cycle, the Committee asks that the Government also provide a copy of these amendments.

Repetition

The Committee notes the information provided by the Government in its first report on the application of the Convention.

Legislation. The Committee notes the Government’s indication that the Law on Occupational Safety and Health (No. 92/2007) (hereinafter OSH Law) was amended in 2013. The Committee asks the Government to submit a copy of the amendments to the OSH Law, if possible in one of the working languages of the ILO.

Article 2(2) of the Convention. Account taken of the principles set out in instruments of the ILO relevant to the promotional framework for OSH. The Committee notes that the Government’s report is silent as to the effect given to this Article of the Convention. The Committee requests the Government to provide information on the manner in which it takes into account the principles set out in the instruments of the ILO relevant to the promotional framework for OSH (listed in the Annex of the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197)), in addition to the ratified Conventions.

Article 2(3). Ratification of relevant OSH Conventions of the ILO. The Committee notes the Government’s indication that it is always willing to accept initiatives aimed at improving OSH and that any such initiative would be duly considered and discussed in the course of consultations with representatives from the organizations of employers and workers. However, the Committee notes that the Government does not provide any details on these initiatives. The Committee asks the Government to provide detailed information on the initiatives relevant to the possible ratification of OSH Conventions, including any consultations held with the most representative organizations of employers and workers in this regard.

Article 3. Formulation of a national policy and measures taken to promote basic principles. The Committee requests the Government to refer to its comments on the application of Articles 4, 5, 6, 7 and 15 of the Occupational Safety and Health Convention, 1981 (No. 155).

Article 4. National system for OSH. The Committee notes the information provided by the Government with regard to the inter-sectoral activities held to promote cooperation between institutions. However, the Committee notes that no information is provided on the establishment, maintenance, progressive development and periodical review of a national system for OSH, in consultation with the most representative organizations of employers and workers, or on the components of this system, listed in Article 4(2) and (3). The Committee requests the Government to provide detailed information on the manner in which effect is given, in law and in practice, to each paragraph of this Article of the Convention, including specific references to relevant legislation.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee requests the Government to provide information on the measures taken or envisaged so as to progressively improve OSH conditions in micro-enterprises, SMEs and the informal economy.

Article 5. National programme on OSH. The Committee notes the Government’s indication that the Council on Occupational Safety and Health is responsible for the OSH Strategy, a document based on the premise that preservation and promotion of the health of workers is a fundamental human right and which is the main guideline for OSH development in the country for a given period of time. The Government indicates that the Strategy provides for further action plans in OSH through inter-sectoral activities and dialogue with the social partners and the expert and professional communities, and that the Council and Government are to be notified of the results of the monitoring and assessment of the implementation of the Strategy. The Committee asks the Government to provide further information on the effect given to this Article, in law and in practice, and to indicate the manner in which the Strategy fulfils the requirements provided for in Article 5(1) and (2) with regard to the content of the national programme. It also asks the Government to provide information on the targets and indicators of progress used to evaluate the Strategy and the outcome of consultations held with the social partners in this regard.

Application of the Convention in practice. The Committee refers to the statistical information, provided by the Government in its report under the Occupational Health Services Convention, 1985 (No. 161), according to which 15,687 deficiencies relating to OSH were identified in the course of the 10,699 regular inspections carried out in 2013. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice and to forward extracts of reports, studies and inquiries and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and any actions taken in relation thereto.