Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report, the information provided in reply to its previous comments and the attached documentation. It draws the Government’s attention to the following points.

1. Article 3, paragraph 2, of the Convention. Intervention of labour inspectors in the premises and activities of occupational organizations. The Committee notes the Government’s statement that it considers that the systematic exercise of a power of control over the activities and internal management of occupational organizations of employers and workers is legitimate and justified, with the objective of this interference being to ensure that the occupational organizations do not exceed the limits set by the relevant laws, regulations, procedures and statutes. The Government even considers that the exercise of this power by labour inspectors contributes to the maintenance of the necessary climate of confidence in relations between inspectors and occupational organizations. In the view of the Committee, the provisions of section 2(c) of Decree No. 3273 of 26 June 2000 confer upon labour inspectors a function which appears to be closer to interference by the administrative authorities in the affairs of occupational organizations than a function of supervision of the application of the legislation relating to conditions of work and the protection of workers. The Committee has considered on many occasions that the supervisory activities of the labour inspectorate in the internal affairs of occupational organizations should be limited to cases of irregularities or violations of the legislation denounced by a significant number of trade union members. The Committee hopes that the Government will rapidly take measures to adopt legal provisions to limit, in an appropriate manner, the intervention of labour inspectors in the internal affairs of occupational organizations and that it will keep the Office informed thereof.

2. Article 12, paragraph 1(a). Right of labour inspectors to enter freely workplaces liable to inspection during or outside normal working hours. Noting the information provided by the Government on this subject, the Committee once again draws the Government’s attention to the need to establish the right of inspectors to enter freely workplaces liable to inspection at any hour of the day or night, without taking into consideration statutory working hours. Recognition of such an extensive right for inspectors does not in any way have the effect of harassing the employer or imposing a draconian work regime on inspectors. As it indicated in its General Survey of 1985 on labour inspection (paragraph 161), the Committee once again reminds the Government that the principal objective of the right of free access to workplaces liable to inspection is to enable inspectors to ascertain, among other matters, whether workers are being unlawfully employed outside normal working hours and to inspect machines and equipment, for which certain controls may be carried out more effectively when they are not operational. The principle set forth by the Convention therefore remains pertinent, irrespective of the modernity of enterprises, machinery and equipment, and for the same reasons also applies equally to commercial establishments. The Committee trusts that the Government will ensure that the legislation is amended to give full effect to Article 12, paragraph 1(a), of the Convention and that relevant information will be provided to the ILO in the near future.

3. Articles 20 and 21. Annual report on the work of the labour inspectorate. Noting the measures adopted by the Government with a view to obtaining the information necessary for the preparation by the central authority of an annual inspection report, the Committee hopes that such a report, covering the whole of the territory and containing the information required by Article 21(a) to (g) of the Convention will in fact be published and that a copy will be communicated to the Office, in accordance with the requirements of Article 20.