Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report. It notes with interest the provisions of Act No. 65-99 relating to the Labour Code on the functions and powers of the labour inspectorate. The Committee requests the Government to provide additional information on the following points.

1. Frequency of inspection visits. The Committee notes that the number of inspection visits fell markedly from 29,513 in 2002 to 23,478 in 2004. It notes, moreover, that the labour inspectors are called on to exercise other functions, in particular in the field of dispute resolution. The Committee hopes in this regard that the Government will ensure that the inspectors dedicate the majority of their time to the exercise of their main duties, as defined by Article 3 of the Convention, and in particular to inspecting workplaces as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Article 16).

2. Collaboration with employers and workers. Please describe the measures taken with a view to promoting collaboration between officials of the labour inspectorate and employers and workers or their organizations (Article 5(b)).

3. Training of labour inspectors. Please provide detailed information on the measures taken to ensure adequate on-the-job training for labour inspectors (Article 7, paragraph 3).

4. Transport facilities and reimbursement of professional expenses. Please communicate a copy of any text serving as a legal basis for the payment to labour inspectors of a kilometric allowance for the use of their private vehicles when exercising their functions and for the reimbursement of expenses incurred in the performance of their duties (Article 11, paragraphs 1(b) and 2).

5. Powers of injunction. The Committee notes that no measures have been taken within the framework of the adoption of Act No. 65-99 relating to the Labour Code to give effect to the provisions of Article 13 of the Convention under the terms of which labour inspectors shall be empowered to take steps with a view to remedying defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers. Referring to the observations it has made for many years in this regard, the Committee hopes that the Government will in the near future take such measures as are necessary in this regard.

6. Obligations of the labour inspectors. The Committee points out the importance attached to the adoption of measures aimed at prohibiting inspectors from revealing, even after leaving the service, any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties (Article 15(b)), and to giving a legal basis to the obligation for confidentiality (Article 15(c)), under the terms of which inspectors shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions and shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee hopes that the Government will ensure that appropriate measures will be taken in the near future.

7. Prosecution of violations. The Committee notes that the new Labour Code contains in sections 540 to 543 provisions on the procedure for reporting and instituting proceedings regarding violations of safety and health legislation. It requests the Government to state the procedure for reporting and instituting proceedings regarding other violations of the legislation and to provide copies of any relevant texts (Article 17).

8. Publication of an annual report. The Committee notes that the statistical tables communicated by the Government in the annex to its report refer to the trends, between 1995 and the first quarter of 2005, in individual and collective disputes in the different sectors of the economy, violations of labour legislation in 2004, as well as inspection visits carried out and the observations made in 2004. It requests the Government to ensure that the central authority performs its duties regarding the publication and transmission to the International Labour Office, within the periods provided for by Article 20, of an annual inspection report containing information on each of the subjects listed by clauses (a) to (g) of Article 21, including information and statistics on inspection activities in the field of child labour and the results obtained.