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Other comments on C081

Observation
  1. 2013
  2. 2011
  3. 2006
  4. 2000
  5. 1995
  6. 1994
  7. 1992
Direct Request
  1. 2023
  2. 2016
  3. 2013
  4. 2011
  5. 2008
  6. 2006
  7. 2005
  8. 2002
  9. 2000
  10. 1992
  11. 1990

Other comments on C129

Observation
  1. 2013
Direct Request
  1. 2023
  2. 2016
  3. 2013
  4. 2010
  5. 2009
  6. 2006
  7. 2005

Other comments on C150

Direct Request
  1. 2023
  2. 2015
  3. 2010
  4. 2004
  5. 2000
  6. 1995

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Previous comments on Conventions Nos 81 and 129, and Convention No. 150

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.
Legislation. Following its previous comment, the Committee notes that the draft Labour Code has been approved by the Senate and submitted to the House of Representatives, with a plenary meeting to be held at a later stage. The Committee requests the Government to continue to provide information on any progress made regarding the adoption of the Labour Code, and to provide a copy once adopted.

Labour Inspection Convention, 1947 (No. 81) and Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Technical assistance. Following its previous comment, the Committee notes that a number of measures were taken with ILO technical assistance, including: (i) the provision of training to 911 labour inspectors and occupational safety and health (OSH) inspectors on national and international labour standards; (ii) the development and implementation of a strategic plan for the inspection units in industrial areas; (iii) the development of an inspection checklist, and the adoption of Ministerial Order No. 122 of 2017 on its circulation and use; (iv) the elaboration of a draft manual of procedures for OSH inspection; (v) the digitalization of the inspection system and provision of necessary electronic devices and other materials; (vi) the organization of 335 awareness-raising sessions covering 824 industrial facilities and 16,886 workers and employers. The Committee notes the information provided by the Government which addresses its previous request.
Article 3(1)(a) and (b) of Convention No. 81 and Article 6(1)(a) and (b) of Convention No. 129. 1. Labour inspection activities to combat child labour (in agriculture). Following its previous comment, the Committee notes the statistical information provided by the Government on control and enforcement activities undertaken by the labour inspectorate in the area of child labour, indicating that the number of inspection visits performed in this area from January 2016 to June 2018 reached 35,935, with 8,931 violations detected and 1,474 infringement reports issued. The Committee requests the Government to continue to provide information on the number of inspection visits carried out in the area of child labour, including information on the activities in the regions, the number of violations detected and the penalties imposed, specifically in relation to the agricultural sector, as well as other sectors.
2. Inspection activities in enterprises with less than 50 employees. Following its previous comment, the Committee notes the statistical information provided by the Government regarding inspection visits carried out in 2016–17. According to the information provided, OSH inspection visits took place in 220,010 enterprises employing between 15 and 50 workers, with 150,305 violations detected and 75,475 infringement reports issued. While noting this information,the Committee requests the Government to also provide information on the number of inspection visits carried out in enterprises employing less than 15 workers, and to indicate the number of violations detected in these enterprises.
Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. Following its previous comment, the Committee notes the indication of the Government that a training course was provided to labour inspectors on measuring chemical pollutants in the working environment in agriculture. Moreover, 40 inspectors were trained on sign language. The Committee notes the information provided by the Government which addresses its previous request.
Articles 8 and 10 of Convention No. 81 and Articles 10 and 14 of Convention No. 129. Sufficient number of labour inspectors. Gender distribution of labour inspection personnel. The Committee notes that in reply to its previous request, the Government indicates that there are 448 labour inspectors, of which 365 are men and 93 are women (about 20 per cent), 365 occupational safety and health (OSH) inspectors, of which 195 are men and 170 are women (about 47 per cent), and 269 labour relations inspectors, of which about 60 per cent are men and 40 per cent are women. The Committee notes that the number of inspectors has continued to decrease significantly, from 681 in 2012 to 365 in 2018 (about 46 per cent) among OSH inspectors, and from 822 to 448 (about 45 per cent) among labour inspectors in the same period. The Committee also notes that the Government refers to 530 operational inspectors. The Committee requests the Government to provide information on the gender distribution among the different grades of inspectors. The Committee also requests the Government to provide information on the reasons which have led to a substantial decrease in the number of inspectors, and on any measures taken or contemplated to address this situation. In that regard, the Committee requests information on the conditions of service of labour inspectors, including their career prospects, turnover rates, and level of remuneration compared to other public servants exercising similar functions such as tax inspectors or police officers. The Committee also requests the Government to provide further information on the nature of functions performed by operational inspectors.
Articles 11 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Reimbursement of expenses incurred during the performance of labour inspection duties. Following its previous comment, the Committee notes the Government’s indication that the regulations on the reimbursement of transport allowances are still under consultation with the competent authorities. It states that the new regulations include rules for the distribution of these allowances and the manner of reimbursement. The Government also indicates that means of transport are provided to each regional directorate in accordance with its inspection visit plan. When transport means are not available, a transport allowance is granted. The Committee requests the Government to continue to provide information on progress made regarding the adoption of the new regulations on the reimbursement of transport allowances and provide a copy once adopted.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual reports on the work of the labour inspection services. The Committee notes the Government’s information on legislation related to the performance of labour inspection services. It also notes the statistical information provided by the Government for the period of 2016–17 on the following items: (i) the total number of inspectors, including their gender distribution; (ii) statistics related to inspection activities in the area of agriculture, child labour and OSH; (iii) the number of violations detected concerning OSH and child labour; and (iv) the total number of industrial accidents and occupational diseases. However, the Committee notes that no annual inspection reports have been received. The Committee requests that the Government ensure that annual reports on the work of the labour inspection services are regularly communicated to the Office in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, and that they contain information on all the subjects enumerated in Article 21(a)–(g) of Convention No. 81 and 27(a)–(g) of Convention No. 129. The Committee requests that the Government communicate the information on labour inspection activities in agriculture either as a separate report or as part of the general report of the labour inspectorate, in conformity with Article 26 of Convention No. 129. The Committee also once again requests the Government to indicate the means of publication of the annual labour inspection reports (such as, for instance, the website of the labour inspectorate or the Official Gazette).

Labour Administration Convention, 1978 (No. 150)

Article 7 of the Convention. Extension of the functions of the system of labour administration to workers who are not employed persons. Following its previous comment, the Committee notes with interest the Government’s information on the adoption of Ministerial Decree No. 162 of 2019 regarding the financial and administrative regulation of the employment, welfare and protection of informal workers (agriculture, seasonal and temporary and similar workers). Section 12 of that Decree provides that the competent department within the Ministry of Manpower shall establish the controls and mechanisms for the employment of informal workers and provide health care, social welfare and employment to such workers, subject to the provisions of the financial and administrative regulation. The Committee requests the Government to provide information on the practical application of the Ministerial Decree No. 162 of 2019.
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