Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Referring to its observation concerning the publication and quality of the annual report on labour inspection activities, the Committee requests the Government to provide further information on the following points.

Article 5(a) of the Convention. Cooperation between the labour inspection services and the judicial bodies. The Committee notes that, in reply to its 2007 observation in which it called for effective cooperation between the labour inspection services and the judicial bodies to reinforce the work and credibility of the labour inspectorates, the Government indicates that prosecution falls within the competence of the cantons and is subject to their own procedures. The Government adds that the exchange of information between the labour inspectorates and the courts varies from canton to canton, but that a harmonization of procedures is under way. The Government is requested to provide information on any developments in this regard, illustrated by any relevant documents.

Article 2, paragraphs 1 and 2, and Article 3, paragraph 1(a). Legislative areas coming under the competence of labour inspection. The Committee notes that, in accordance with section 4 of the Federal Act on measures to combat illegal employment (LTN), it is the cantons which, within the framework of their legislation, appoint the cantonal supervisory body which is competent on their territory to enforce its provisions. It notes that the labour inspectorate’s activity reports do not contain information showing that a role has been assigned to the inspection services in this legislative area, which, in fact, is not among the matters covered by the above Articles of the Convention. The Committee would be grateful if the Government would provide clarification in this regard and indicate and describe any form of collaboration existing between the labour inspectorate and the supervisory bodies responsible for enforcing the LTN as well as the consequences of this collaboration on the performance by labour inspectors of their main duties as defined by the Labour Act.

Article 21(f) and (g). Statistics of industrial accidents and cases of occupational disease. The Committee notes that the statistics of industrial accidents and cases of occupational disease provided in the labour inspectorate’s annual report for 2008 are absolutely identical to those provided in the report for 2007. The Committee would be grateful if the Government would provide clarification in this regard and indicate whether it is envisaged, with a view to better reflecting needs with regard to the prevention of occupational hazards, to supplement such statistics in accordance with the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81).