Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee reminds the Government that, by ratifying this Convention, it undertook to take measures to implement it in both law and practice. In view of the worrying information provided in this regard, the Committee draws its attention to the following points.

Shortcomings of the labour inspection system in relation to Articles 3, 6, 7 and 9–21 of the Convention. According to the information provided by the Government, although labour inspectors are supposed to carry out routine inspections of workplaces to ensure that the legal provisions concerning working conditions are being respected, the shortage of inspectors, their lack of qualifications and the fact that they perform tasks other than those inherently related to labour inspection constitute significant obstacles to the performance of this duty. Contrary to the information provided in the Government’s first report received by the ILO in 2003, according to which inspections were carried out on a routine and proactive basis at least in workplaces and activities at risk, inspections are now carried out only in response to complaints. Furthermore, the number of inspectors has not been increased as planned and while the Directorate of Dispute Prevention and Resolution is not yet operational, it is inspectors who continue to ensure the settlement of disputes and intervene in collective labour disputes. They are also involved in inspection operations organized jointly by the Ministry of Labour and Employment, the Ministry of Trade and Industry, Cooperatives and Marketing and the Ministry of Home Affairs and Public Safety to verify the legality of the situation of foreign employers from the point of view of the right to establish a business.

The Committee notes with concern that inspectors are not recruited based on a personal interest in carrying out these duties, but under a system of compulsory placement, which, according to the Government, has an adverse effect on their degree of motivation. Furthermore, the lack of any specific training after they take up their duties, their very low remuneration and the shortage of office equipment and transport facilities mean that inspectors lack the enthusiasm that is essential to the performance of inspection duties and are less likely to remain in their posts. The most experienced inspectors move on in search of better paid jobs. According to the Government, all these conditions explain the fact that the profession is not attractive to the technicians and experts whose collaboration would nonetheless be of benefit to an effective labour inspection service.

With regard to the action taken in response to violations observed, the Committee notes that employers at fault are issued with a formal warning to fulfil their obligations, but that the level of the penalties applicable in the case of a failure to comply is not sufficiently dissuasive. The relevant legal provisions have not been amended since the Labour Code was adopted in 1992, despite a spiralling monetary inflation rate. In any case, the Government has not provided any figures on the administrative or penal action taken in response to the violations observed by inspectors. The Committee is therefore unable to carry out any assessment of the coverage of the labour inspectorate’s services or the impact of the inspections carried out in relation to the objective of the Convention. Similarly, the Government has not provided any information allowing the Committee to assess the impact of the collaboration of organizations of workers (through the reporting of violations) and employers (through the encouragement of their members to respect the legislation), mentioned in the report, on the operation of the labour inspectorate.

The Committee notes that the weaknesses of the labour inspection system were already highlighted in an assessment of the labour inspectorate carried out by the ILO in 2005 and that recommendations were made to improve its operation. It notes that these recommendations have for the most part not been implemented but that the Government announces forthcoming amendments of the provisions of the Labour Code concerning the penalties applicable to those responsible for violations and undertakes to invest efforts to establish a computerized labour inspection system.

The Committee requests the Government to take measures to ensure that labour inspectors quickly resume the primary duties defined in Article 3(1) of the Convention to enable them to carry out routine inspections in the highest possible number of industrial and commercial workplaces liable to inspection (Article 16). It emphasizes that, for inspectors, routine inspections constitute the safest means of fulfilling their obligation of confidentiality concerning the existence and source of complaints (Article 15(c)) and avoiding exposing the workers concerned to the risk of reprisals on the part of the employer.

The Committee also requests the Government to ensure that labour inspectors receive the necessary training for the effective performance of inspection duties, which consist mainly of enforcing the legal provisions concerning conditions of work and the protection of workers, but also involve providing employers and workers with technical advice and information on the most effective means of complying with these provisions and drawing the attention of the competent authority to any legislative gaps relating to protection at work.

The Committee also requests the Government to take measures to ensure the full application in both law and practice of Article 6 concerning the status and conditions of service of inspection staff and Article 7 concerning the criteria and methods for selecting candidates for the profession as well as the training of inspection staff.

With regard to the material and logistical means necessary for the establishment and operation of an effective inspection service, the Committee strongly encourages the Government to identify the most urgent needs in this regard and to take measures to find the resources to meet those needs, both at the national level and in the context of international cooperation. The Committee requests the Government to keep the Office informed of any developments in this regard and reminds it of the possibility of seeking technical assistance from the Office to identify the needs concerned as the first phase.

Finally, referring to its general observations of 2007 and 2009, the Committee requests the Government to take concrete measures to create a computerized labour inspectorate so that the central inspection authority is able, in accordance with Article 20, to publish and transmit to the ILO an annual inspection report gradually containing all the information required in paragraphs (a) and (g) of Article 21. The Committee reminds the Government that Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), provides useful guidance on the information required on each subject and the ideal level of detail.