Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information contained in the Government's report that a new text laying down the particular status of the labour administration staff has been adopted and will shortly be sent to the ILO.

Article 7, paragraph 3, and Articles 10 and 16, of the Convention. The Committee notes the information concerning the number of labour inspectors. It notes the Government's view that this number is inadequate but that efforts are being made to recruit staff despite the freeze on recruitment of public officials. The Committee notes, in particular, the information that seven labour controllers were recruited between 1992 and 1994 and that some ten labour inspectors are currently being trained at the National School of Administration and Public Office while nine labour inspection services are functional throughout the national territory. It seems, however, from the information contained in the Government's report on the period ending 15 October 1994, that the labour inspectors do not spend enough time on the essential tasks of monitoring the application of legislative provisions and regulations relating to labour conditions and that this situation is aggravated by the lack of specialization of the labour inspectors. The Committee would be grateful if the Government would supply information on progress made in training and recruitment of inspectors and organization of their work so that the establishments liable to checking by the labour inspection service are inspected as often and as carefully as necessary to ensure effective application of the legal provisions concerned.

Article 11, paragraph 1. The Committee notes the information in the Government's report stating that a plan to decentralize labour services under which the construction of new buildings to house the labour inspection services is planned as well as equipping them with furniture and other working infrastructures is well on the way. It notes, furthermore, that transport facilities (automobiles and motorcycles) are made available for labour inspectors in accordance with financial means. The Committee would be grateful if the Government would supply in its next report information on the progress made in carrying out the above-mentioned project and on the shortcomings in transport facilities suffered by inspectors in the exercise of their duties.

Article 11, paragraph 2. The Committee notes the information contained in the Government's report that the central administration reimburses travel expenses if incurred. It would be grateful if the Government would indicate whether other ancillary expenditure necessary for the exercise of inspectors' duties are also reimbursed.

Article 12, paragraph 1(a) and (b). The Committee notes that section 222 of the Labour Code does not empower labour inspectors to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. They are, however, empowered to enter at night premises where they have reasonable grounds to believe persons liable to the Labour Code are working. The Committee requests the Government to take the necessary measures to adapt its legislation to these provisions of the Convention which give wider powers for the inspection of establishments liable to inspection and, on the other hand, restrict daytime inspection to premises which the inspectors have reasonable grounds to believe are liable to such inspection.

Article 12, paragraph 1(c)(iii) and (iv). The Committee notes that the Labour Code does not empower labour inspectors to enforce the posting of notices required by the legal provisions or to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purposes. It would be grateful if the Government would indicate the measures taken or envisaged to afford these powers to labour inspectors, in accordance with the provisions of the Convention.

Articles 20 and 21. The Committee notes that no annual inspection report has been sent to the Office. The Committee hopes that the Government will take the necessary measures, calling on the technical assistance of the ILO if needed, in order to publish and send an annual inspection report on the matters listed in Article 21 and within the time-limits set in Article 20.