Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Inspection Convention, 1947 (No. 81) - Seychelles (Ratification: 2005)

Other comments on C081

Direct Request

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The Committee notes the Government’s report which contains answers to several questions raised in the previous comments.

Articles 3, 5, 8, 9, 10, 16, 17 and 18 of the Convention. Functioning of the labour inspection system. The Government declares that the number of labour inspectors has fallen from six to four (three women and one man) while inspection visits are normally conducted on a semester or yearly basis and follow-up visits are conducted within one month, after which violations are forwarded to the Health/Environment/Employment Department. In reply to the Committee’s previous comments, the Government indicates that if cases of non-compliance are detected, they are treated through letters of instructions served by an inspector and appropriate reminders sent within specific time frames failing which the employer is prosecuted before the Employment Tribunal by the Employment Department for failing to comply. The Government also declares that, on average, every month the labour inspectorate section receives five cases of non-compliance regarding failure to pay or underpayment of minimum wages for example. Also, according to the Government, while joint inspections have stopped due to lack of human resources, when the need arises, joint inspections are conducted by the Public Health Department and Environment Department. The Government finally indicates that an electronic database is being set up by the Employment Department in order to provide a list of all workplaces liable to inspection.

The Committee recalls that according to Article 10 of the Convention, the number of labour inspectors should be sufficient to secure the effective discharge of the duties of the inspectorate in the light of the number of the workplaces liable to inspection, the number of workers employed therein, the number and complexity of the legal provisions to be enforced as well as the material means placed at the disposal of the inspectors and the practical conditions under which visits of inspection must be carried out in order to be effective. Moreover, according to Article 16, workplaces should be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Committee would be grateful if the Government would provide an evaluation of the needs of the labour inspectorate in human resources in the light of the criteria provided in Article 10 of the Convention, and if it would indicate the proportion of the national budget allocated to labour inspection, and the measures taken or envisaged to ensure that workplaces are inspected as often and as thoroughly as necessary (Article 16).

With reference to its general observation of 2009 on the importance of statistics of industrial and commercial workplaces liable to labour inspection and the number of workers covered, the Committee also requests the Government to keep the ILO informed of any progress made in the elaboration of a database in this regard.

The Committee would be grateful if the Government would specify the time frames within which the employer is given reminders failing which (s)he is prosecuted before the Employment Tribunal for failure to comply.

Noting moreover that the Government does not provide an annual report on the activities of the labour inspection services, the Committee requests the Government to indicate the number of inspection visits carried out, including in pursuance to complaints, and the number of violations detected with reference to the legal provisions and economic sectors concerned, as well as the number of notices served and cases brought to the justice system and the duration and outcome of the judicial proceedings (i.e. convictions pronounced, penalties imposed, etc.).

With reference to its general observation of 2007, the Committee requests the Government to indicate any measures taken or envisaged to promote effective cooperation between the labour inspection services and the justice system with a view to encouraging due diligence and attention in the treatment by judicial bodies of violations reported by labour inspectorates as well as disputes in the same fields referred directly to them by workers and their organizations.

The Committee notes moreover that the functions of the Labour Monitoring and Compliance Section include, in addition to securing compliance with legislation on conditions of work and the protection of workers, the overview of incidents and developments in the area of illicit trafficking and other unauthorized activities involving nuclear and other radioactive materials in the Seychelles as well as prime responsibility for radiation protection and the safety of sources. The Committee would be grateful if the Government would specify whether the labour inspectors or other officials of the section are responsible for these duties.

Articles 3(1), 5, 13 and 14. Labour inspection in the area of occupational safety and health. Notification of industrial accidents and cases of occupational disease. The Committee notes that according to the Government, the labour inspectors can issue a prohibition notice requiring the immediate cessation of activities in case of serious risk to personal injury. The Committee would like to recall that the activities of the labour inspectorate in the area of occupational safety and health should focus both on securing the enforcement of the relevant legislation (Article 3(1)(a)) and preventing industrial accidents and occupational diseases including through the provision of technical information and advice (Article 13(1)(a)), as well as measures with immediate executory force in the event of imminent danger to the health or safety of workers (Article 13(2)(b)). The Committee would also like to draw the Government’s attention to the fact that the establishment of a system that ensures access of the labour inspectorate to information on industrial accidents and cases of occupational disease (Article 14) is essential to the development of the prevention policy to which the Government has committed itself to in the framework of the restructuring of the labour inspection system.

The Committee would be grateful if the Government would indicate the activities, both in the area of prevention and enforcement, carried out by the labour inspectorate in relation to occupational safety and health and to indicate in particular the number of measures with immediate executory force issued by the labour inspection during the reporting period. Pleas also describe the system of recording and notification of industrial accidents and cases of occupational disease and indicate the role of the labour inspectorate in this framework. The Committee draws the Government’s attention in this regard to the ILO code of practice on the recording and notification of occupational accidents and diseases which offers guidance on the collection, recording and notification of reliable data and the effective use of such data for preventive action (available at: www.ilo.org/safework/normative/codes/lang--en/docName--WCMS_107800/ index.htm. The Committee also wishes to emphasize that labour inspectors can inform and sensitize employers and workers about the importance of notifying industrial accidents and cases of occupational disease so as to encourage compliance with the relevant legal provisions in pursuance of Article 3(1)(b) of the Convention and of Paragraphs 6 and 7 of Recommendation No. 81.

Taking note of the information provided on the composition and role of the tripartite Occupational Safety and Health (OSH) Board the Committee asks once again the Government to provide particulars on the activities of the Occupational Safety Board and on their impact on the application of the Convention. The Committee also draws the Government’s attention to the guidance provided in Part II of Recommendation No. 81 as to arrangements for collaboration between employers and workers in the area of occupational safety and health, notably safety committees or similar bodies, and requests the Government to provide information on any measures taken or envisaged to promote such arrangements.

Articles 6, 7 and 15. Status, training and probity of the labour inspection staff. The Committee notes that the revised Public Service Orders (PSO), 2011, contain numerous provisions on the status and conditions of service of labour inspectors. According to section 18 of the Orders, no public employee holds his/her office as of right and any office may be abolished by the President at any time without assigning any reasons. According to section 32, public employees can be engaged into one of the following categories: (i) contract of continuous employment; (ii) fixed-term contract; (iii) multilateral or bilateral agreement; (iv) casual basis; (v) part-time employment; (vi) consultancy basis. Terms and conditions of employment can be subject to variation under section 48 in certain conditions including restructuring and reorganization. Section 164 provides for the circumstances under which the employment of public servants can be terminated including in the public interest as justified by the Chief Executive Officer, in case where the post ceases to exist, in the case of an employee on a fixed-term contract and on grounds of localization. Recalling that under Article 6 inspection staff should be assured of stability of employment and be independent of changes of government and improper external influences, the Committee requests the Government to indicate the type of contract of employment under which labour inspectors are appointed and the manner in which they are ensured of stability of employment in the light of the revised Public Service Orders (PSO), 2011.

Noting moreover that section 47(4) refers to the issue of promotions and Chapter III lays down a salary structure and posts, the Committee requests the Government to specify the level of posts assigned to labour inspectors and their salary scale in relation to comparable categories of public employees like tax inspectors. Please also indicate the career prospects available to labour inspectors.

The Committee also notes that according to section 74(1) of the Employment Act provides that the minister may authorize any person to act as a competent officer (labour inspector) under this Act. The Committee recalls that according to Article 7, subject to any conditions for recruitment to the public service, labour inspectors shall be recruited with sole regard to their qualifications for the performance of their duties. The Committee therefore requests the Government to specify the criteria and process for the recruitment of labour inspectors.

Noting also that sections 148 and 149 of the PSO concern the training of public servants, the Committee requests the Government to specify the training available to labour inspectors and the training activities which took place during the reporting period, their subjects and their impact on the performance of the duties of labour inspectors.

Noting finally that the PSO contain some provisions on the disclosure of official secrets and the receipt of presents and gifts, the Committee once again requests the Government to indicate the provisions giving effect to each paragraph of Article 15 with regard to the prohibition of having any direct or indirect interest in the undertakings under the supervision of labour inspectors, the obligation not to reveal any manufacturing or commercial secret and the obligation to treat as absolutely confidential the source of any complaint as well as the fact that an inspection visit is made pursuant to a complaint.

Article 11(1)(b) and (2). Transport facilities and reimbursement of travelling and incidental expenses. The Government indicates that the inspectors may claim meal and transport allowances to the head of the Employment Department. The Committee notes that according to section 78 of the PSO, the transport allowance is reduced after the first 100 km of duty journey in any one calendar month and that section 190 of the PSO contains provisions on the use of government vehicles, and section 320 on telephone calls. The Committee requests the Government to specify the manner in which it is ensured that labour inspectors are encouraged to carry out inspections including in isolated areas, and to indicate the number of government vehicles and telephone equipment at the disposal of the labour inspectorate. The Committee also asks once again the Government to communicate a copy of the form for reimbursement of meal and transport allowances.

Article 12(1)(c)(i). Power of labour inspectors to interrogate workers and the employer. The Committee takes note of the legal provisions communicated by the Government which specify the powers of labour inspectors in the areas of OSH and employment (section 21 of the Occupational Health and Safety Decree 1978 revised edition 1991, and sections 74 and 75 of the Employment Act 1995). It notes that according to section 75(1)(b), labour inspectors can interrogate any employer or worker on any matter concerning the application of this Act. However, section 75(1)(d) provides that the labour inspector may require an employer to make any worker available for interrogation. The Committee notes that according to Article 12(1)(c)(i) of the Convention, the labour inspectors should be able to freely interrogate any worker without the intervention of the employer. The Committee requests the Government to indicate the measures taken or envisaged in order to repeal section 75(1)(d) of the Employment Act so that the labour inspectors may interrogate workers freely without having to request the employer to make them available.

Articles 19, 20 and 21. Reports on the work of the labour inspectorates. According to the Government, periodical reports on results of inspection activities are sent to the Director-General of Employment, in charge of the Labour Monitoring and Compliance Section and to the head of the Employment Department. Statistics on the work of the Inspectorate also features in the Employment Department’s annual report. The Committee notes however, that this annual report has not been communicated to the Office. The Committee once again draws the Government’s attention to the obligations under Articles 19, 20 and 21 of the Convention and requests it to provide a copy of the Employment Department’s annual report as well as the periodical report forms sent to the central authority. The Committee also requests the Government to indicate the measures taken or envisages in order to ensure that an annual report on the work of the labour inspection services is elaborated and published and that it contains information on all the items listed in Article 21 of the Convention, notably, statistics of inspection visits, violations and penalties imposed as well as industrial accidents and cases of occupational disease. The Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), as to the type of information that should be included in the annual labour inspection reports.

The Committee reminds the Government that it may avail itself of the ILO technical assistance if it so wishes.