Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Labour Inspection Convention, 1947 (No. 81) - Haiti (Ratification: 1952)

Other comments on C081

Observation

Direct Request

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The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 1 September 2019.

Article 3(1)(b) of the Convention. Technical information and advice as a permanent function of the system of labour inspection. In its previous comments, the Committee noted that section 411 of the Labour Code stipulated that labour inspectors shall provide employers and workers with technical information and advice “where necessary”. It noted the Government’s proposal to modify the expression “where necessary”. The Committee requested the Government to keep it informed of any progress made so that the provision of technical information and advice to employers and workers is recognized as a permanent function of the labour inspectorate. The Committee notes the Government’s indication that the reform process pertaining to the Labour Code, which includes the deletion of the term “where necessary” from section 411, is at the stage wherein each party (Government, employers and workers) is preparing proposals to be submitted for assessment by an ILO expert for final recommendations. The Committee requests the Government to keep it informed of any developments concerning the amendment of section 411 of the Labour Code.

Articles 5 and 21(e). Effective cooperation with other government departments and with employers’ and workers’ organizations. The Committee notes the Government’s indication in reply to its previous comments, that: (i) the labour inspectorate is developing close relations with the social security bodies and the special labour mediation office for the textile industry, with the view to coordinating to ensure conformity of the social security enterprises and of the other general labour laws; (ii) monthly meetings are held to plan joint strategy interventions; and (iii) a joint visit of the enterprises was conducted in 2018 and others were planned in 2019. The Committee notes that, in the 2018 annual report of the labour administration, it was indicated that during the inspections carried out that year by inspectors from the western department, three cases of obstruction were identified and official statements were drawn up. The Committee also notes that the CTSP observes that there is no genuine cooperation between the labour inspectorate and the justice system, and that there is no system for the registration of judicial decisions, particularly regarding labour matters. The Committee recalls that, in conformity with Article 5 of the Convention, the performance of labour inspection functions requires, in order to be effective in view of the objective pursued, broad cooperation of the main structures responsible with other Government services and public or private institutions engaged in similar activities, and that the labour inspectorate can attain its objectives only if appropriate measures are adopted by the competent authority to promote effective collaboration with employers and workers in its operations and activities. The Committee requests the Government to continue its efforts to strengthen cooperation with other Government services, with bodies of the justice system and with employers’ and workers’ organizations. The Committee once again requests the Government to provide statistics on the follow-up to reports of infringements submitted by the labour inspectorate to the judicial bodies and to state whether measures have been taken or envisaged to strengthen cooperation between the labour inspectorate and the justice system.

Article 7(3). Training of inspectors. The Committee notes that, further to its request to develop a training strategy, the Government indicates that: (i) through the project to build the capacities of the Ministry of Social Affairs and Labour (ILO/MAST), piloted by the ILO, labour inspectors received a number of training sessions in different areas relating to their function, thereby establishing a task force of 12 inspectors in the field and eight trainers; (ii) inspectors in the field, from the western and north-eastern departments, are responsible for replicating this training in their respective offices for those who did not participate; and trainers are tasked with training inspectors in the other departments based on a national training plan designed to that end; (iii) six of the ten departments in the country have already benefited from a training session by the task force trainers, and there are plans to replicate this training in four other departments in the country; and (iv) two training sessions would be held annually for each department, which included a follow-up session. Welcoming these measures, the Committee requests the Government to continue its efforts to strengthen training for inspectors and to keep the Committee informed of any developments in this regard.

Article 12. The right of inspectors to freely enter any workplace. The Committee notes the observations of the CTSP according to which, in certain export processing zones, inspectors are not authorized to visit and that employers choose the inspectors who are to conduct a visit in their factories. The Committee recalls that Article 12 of the Convention provides that labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee requests the Government to provide information on the way in which it is ensured that labour inspectors provided with proper credentials are empowered to enter freely any workplace liable to inspection, in conformity with Article 12(1) of the Convention.

Article 14. Notification and registration of industrial accidents and cases of occupational disease. The Committee notes that, in reply to its previous comments requesting the Government to describe in detail the system for the notification of industrial accidents and cases of occupational disease, the Government indicates that: (i) under section 35 of the Act of 28 September 1967, establishing the Employment Injury, Sickness and Maternity Insurance Office (OFATMA), employers are obliged to declare all accidents resulting in a day’s sick leave to the institution; and (ii) employers must also submit, on a monthly basis, a list to the OFATMA of all accidents occurring in their workplaces, in a form prepared for this purpose. The Committee also notes the CTSP’s indication that the only statistics in the country in relation to accidents are those of the OFATMA, which cover 3‒4 per cent of industrial accidents. The Committee notes that the Government has not provided any information on notification of occupational disease. The Committee requests the Government to ensure that the labour inspectorate is informed of industrial accidents and cases of occupational disease, and that representative statistics in this regard are included in the annual labour inspectorate report.

Articles 20 and 21. Annual labour inspection report. Further to its previous comments, the Committee notes the Government’s indication that, with the support of Better Work Haiti, there is a technological application available to it aimed at facilitating the collection and treatment of statistical data on labour inspection, to enable it to establish a statistical database of enterprises subject to monitoring by the General Labour Inspectorate. The Government adds that it envisages establishing a database that will allow it to attribute a unique social security number to all persons of working age. The Committee also notes that in the annex to its report, the Government includes the 2018 annual report of the labour administration, as well as inspection plans and schedules in the western department for 2017, 2018 and 2019, and in the north-eastern department for 2018. The Committee requests the Government to continue all efforts in the collection and treatment of data regarding labour inspection in order to conform with the obligation under Article 20 of the Convention to regularly prepare, publish and transmit to the ILO an annual inspection report containing full information on the work of the labour inspection services. The Committee also requests the Government to continue to provide it with all available statistics on the matter in the country.