Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s detailed report, the replies to its previous comments and the legislation appended to the report. It notes with interest the annual inspection reports for the years 1999-2001 containing information on child labour inspection activities.

Article 12, paragraph 1(b), of the Convention. With reference to its previous comments, the Committee notes that although labour and social security inspectors may, in practice and in the context of combating the underground economy and unlawful or clandestine employment, visit by day and by night work centres or workplaces not officially declared as such, no such authorization is provided for in sections 7, subsection 1(1), of Royal Decree No. 138/2000 and section 5 of the Labour and Social Security Inspection Act, No. 42/97, which the Government cites and which restricts such visits to workplaces liable to inspection. The Committee hopes that the Government will ensure that a basis in law is established for this practice, by making arrangements for the adoption of a text on the subject and that it will keep the ILO informed of the matter.

Paragraph 1(c)(iii). While noting the general scope of the labour inspectors’ supervisory authority, the Committee would be grateful if the Government would indicate whether effect is given, in law and in practice, to this particular provision of the Convention and, if so, to provide relevant information. If not, the Committee asks the Government to take steps to this end and draws its attention to the comments it made on this matter in its General Survey of 1985 on labour inspection (paragraphs 173-174).

Article 14. The Committee would be grateful if the Government would send a copy of Order TAS 2926/2002 of 19 November 2002, introducing new standard forms for the notification of industrial accidents.