Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the detailed report provided by the Government, and the attached documentation.

The Committee notes with interest Decree No. 1128 of 29 June 1999, restructuring the Ministry of Labour and Social Security and establishing a special inspection, supervision and monitoring unit under the Ministry, which enjoys administrative and financial autonomy. It also notes that the labour inspection services come hierarchically under the Ministry of Labour and Social Security and functionally under the technical directorates of labour, employment, social security and employment injury. The Committee would be grateful if the Government would indicate the manner in which the budget for the labour inspectorate is administered, particularly in relation to the vehicles and reimbursements necessary for travel by labour inspectors.

The Committee also notes with interest that, under Act No. 443 of 1998, the administrative careers of public officials are now governed by a technical system of personnel administration and that this system will have the advantage of safeguarding them from political influence and the consequences of any change of government. The Committee hopes that, by ensuring the authority of the inspectors in relation to the social partners, the new provisions will have a positive impact on the effectiveness of the labour inspectorate.

The Committee notes that the principal activity of the inspection services consists largely of resolving labour disputes and that a certain number of other functions are entrusted to labour inspectors in addition to the primary duties set out in Article 3, paragraph 1. It notes in particular with a certain concern the information provided by the Government concerning the right of labour inspectors to enter any trade union meeting at any time without prior notice. The Committee emphasizes that the objective of labour inspection, in accordance with Article 3, is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and it therefore considers that the exercise of the powers referred to above by labour inspectors is in no way justified and, indeed, is liable to compromise gravely the development of the climate of confidence which should prevail between inspectors and workers. The Committee would therefore be grateful if the Government would take the necessary measures to amend the national legislation on this point and to indicate in its next report the manner in which, in accordance with Article 3, paragraph 2, it ensures that the exercise of such functions by labour inspectors is not such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

The Committee notes that, in accordance with Article 5(a), a cooperation agreement has been concluded between the national directorate for the prevention of accidents, a number of other bodies and institutions and the Ministry of Labour with a view to improving conditions of work and occupational safety in the mining sector. The Committee would be grateful if the Government would provide information on the effect given in practice to this agreement in so far as the labour inspectorate is associated with it and to indicate whether practical measures have also been taken, as envisaged by point (b) of the above Article, to promote collaboration between officials of the labour inspectorate and employers and workers or their organizations.

Article 8. The Committee notes with interest the information provided under Convention No. 129 indicating the significant proportion of women in the staff of the labour inspectorate. It would be grateful if the Government would indicate the manner in which effect is given to this Article under which, where necessary, special duties may be assigned to men and women inspectors.

Noting that under Decree No. 1128 of 1999, the special inspection, supervision and monitoring unit is responsible, among other matters, for supervising and monitoring the employment injury prevention services, and with reference to its general observation of 1996 under the Convention, the Committee reminds the Government that the ILO publication entitled Recording and notification of occupational accidents and diseases (1996) contains practical guidelines on the compilation, registration and communication of reliable data in this respect. It hopes that the Government will not fail to use it as a basis when preparing texts to be issued under the above provision of Decree No. 1128 and that it will provide information in its next report on the progress achieved.

Finally, the Committee requests the Government to provide regularly in future annual reports on the inspection services, the publication and transmission of which are required under Article 20, containing information on the subjects enumerated in points (a) to (g) of Article 21.