Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Labour Inspection Convention, 1947 (No. 81) - Cabo Verde (Ratification: 1979)

Other comments on C081

Observation

Direct Request

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Articles 3(1)(a) and (b), 13, 17 and 18 of the Convention. Prevention and enforcement activities of the labour inspection services. The Committee previously noted that section 14(1)(b) of the regulations of the General Labour Inspectorate (IGT) adopted by Legislative Decree No. 13/2012 entrusts the IGT with the responsibility for ordering measures with immediate executory force in the event of imminent danger to the life, health or safety of workers. In this regard, the Committee welcomes the information provided by the Government on the training of labour inspectors on the investigation of workplace accidents (including risk identification and analysis, types of action and approaches) which the Committee understands will improve the capacity of labour inspectors to recognize risks and take appropriate action. It also welcomes the information concerning the various other preventive activities undertaken by the labour inspectorate (such as the organization of awareness-raising activities, workshops and meetings). However, it notes that the Government has not provided the requested information on the adoption of measures with immediate force in the event of a perceived risk to the safety or health of workers.

The Committee also previously noted the activities undertaken by the labour inspectorate with a view to addressing the high number of infringements in the commerce and catering sectors and the high number of industrial accidents in the construction sector. The Committee notes that the Government has provided the requested information on further activities in this regard. The Committee also notes the Government’s assessment that, despite the violations identified, compliance with the law is increasing. The Committee once again requests that the Government provide information on the preventive measures taken by the IGT with a view to remedying defects observed which might constitute a threat to the health or safety of workers, including measures with immediate executory force.

Articles 4, 10 and 11. Structure of the labour inspectorate. Human resources, material means and means of transport available to the needs of labour inspection. The Committee previously noted the Government’s indication that the branch of the inspectorate located in Sal, whose jurisdiction covers the islands of Sal and Boa Vista, would become operational in the second half of 2012. The Committee understands from the information provided by the Government that this inspectorate has now become operational, but that under the new organizational structure of the IGT, as modified by the adoption of regulations of the IGT, some of the regional offices established are not yet functional. The Committee further notes the Government’s indication in response to its previous request that: (i) there are 14 labour inspectors, all of which conduct inspection visits; (ii) all labour inspectors have office equipment that includes, among other things, tables and desks, computers, telephones, photocopiers/printers, cameras and projectors; (iii) the IGT has four vehicles for inspections on the islands of Santiago and two vehicles for Sal and Sao Vicente; (iv) inspections on the other islands have been carried out using vehicles hired by the IGT; (v) all travelling expenses of labour inspectors, including for accommodation, are reimbursed. The Committee requests that the Government continue to provide information on the progress made with the operationalization of all regional offices of the IGT.

Article 5(a). Cooperation between the inspection services and other services and the carrying of firearms by labour inspectors. The Committee previously noted that, according to section 33 of the regulations of the IGT, labour inspectors are authorized to possess, carry and use a firearm, in accordance with the legislation applicable to police officers, without any authorization other than their official labour inspector’s pass. The Committee expressed its reservations regarding the opportunity of giving inspectors the right to carry firearms during the performance of their duties. While supporting the measures aimed at strengthening the authority and security of inspection staff, the Committee considered that the carrying of firearms should be strictly limited to exceptional cases and circumstances in which no other means are available.

In this regard, the Committee notes the Government’s explanation that section 33 of the regulations of the General Labour Inspectorate only exempts inspectors from the obligation to have a license to use and carry firearms. The Government further explains that labour inspectors receive an authorization from the Director of the National Police, who must verify on a case-by-case basis that all the requirements set out in the national legislation have been met (including the proficiency in the use of firearms, the certification by the National Police Training Centre, and the physical, mental and psychological capacity to use firearms as attested by a doctor’s certificate). The Government emphasizes that none of the IGT inspectors is authorized to possess, use or carry firearms while on duty.

Article 15. Scope of the obligation of professional secrecy. The Committee notes the Government’s reply in response to the Committee’s previous request concerning the consequences for labour inspectors that they may face in the event of their non-compliance with the obligation of secrecy, the obligation of confidentiality and the prohibition of personal interests.

Article 17. Discretion of labour inspectors to initiate prompt legal proceedings without previous warning. The Committee previously noted that, while labour inspectors have the power to issue infringement reports, they may only issue a compliance notice where the infringement consists of an irregularity which can be easily remedied and has not been immediately detrimental to the workers, the labour administration or the social security system (section 404(1) of the Labour Code). On the other hand, the Committee also noted that, under section 12(3) of the regulations of the IGT, where infringements are detected, labour inspectors must always issue a compliance notice establishing a deadline for corrective action to be taken and send the notice to the hierarchical superior. It further noted that, in the event of non-compliance with the deadline that has been fixed, the relevant infringement procedure applies, in conformity with section 13 of the regulations. In this context, the Committee recalled that, under the terms of Article 17(1) of the Convention, persons who violate or neglect to observe legal provisions shall be liable to prompt legal proceedings without previous warning. It also indicated that exceptions may be made by national laws or regulations in respect of cases in which previous notice to carry out remedial or preventive measures is to be given. It further recalled that, in conformity with Article 17(2) of the Convention, it shall be left to the discretion of labour inspectors to give warnings and advice instead of instituting or recommending proceedings.

The Committee notes that the Government has not provided the requested clarification on whether labour inspectors are in all cases required to issue a compliance notice and set a deadline to remedy any infringement detected before the infringement procedure may be initiated (section 12(3) of the regulations of the IGT), or whether the obligation of labour inspectors to issue a prior compliance notice only applies to the cases described in section 404(1) of the Labour Code (irregularity may be easily remedied, no immediate harm to workers, etc.). The Committee notes the Government’s commitment to take steps with a view to harmonizing the national legislation with Article 17(2) of the Convention. The Committee once again requests that the Government clarify the procedure to be followed by labour inspectors in cases of infringements of labour law provisions, and where applicable, to provide information on any measures taken to ensure that the national legislation is brought into conformity with Article 17(2) of the Convention.

Article 18. Obstruction of labour inspectors in their duties. The Committee observes that while statistics of the violations committed were reported by the Government as requested (including statistics on the areas where violations are most frequently identified), statistics on the obstruction of labour inspectors in their duties have not been provided by the Government. The Committee therefore once again requests that the Government send statistics of the violations committed with regard to the obstruction of labour inspectors in the performance of their duties (indicating the relevant legislative provisions), and the penalties imposed.

Articles 20 and 21. Publication and communication of an annual report containing statistical information on the activities of the labour inspection services. The Committee notes the Government’s indication that since 2011 annual reports on the activities of the labour inspection services have been prepared by the IGT, including information on: the number of labour inspections undertaken (Article 21(d)); violations identified; outcomes of inspections and non compliance proceedings initiated (Article 21(e)); as well as statistics on industrial accidents (Article 21(f)). The Government indicates that these reports have been published and submitted to the Office as part of so-called sectoral reports submitted annually to the International Labour Conference. The Committee notes that the 2013 and 2015 sectoral reports were received by the Office and contain a chapter on labour inspection with the indicated statistical information, but that they do not contain information on the staff of the labour inspection service (Article 21(b)), statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), and statistics of cases of occupational diseases (Article 21(g)). The Committee nevertheless welcomes that a register of enterprises and the workers employed therein is available at the IGT, which is attached to the Government’s report. In this regard, it also welcomes the Government’s indication that the IGT has organized its workplace inspections using the list of enterprises in the country published by the National Statistics Institute (INE) and its own register of enterprises. The Committee finally notes the information provided by the Government that the IGT still lacks an integrated system for the proper management and processing of statistical data, and that the IGT does not dispose of data on the accident and disease notifications received by the regional labour inspection offices. The Committee requests that the Government ensure that annual reports on the work of the labour inspection contain information on all the subjects enumerated in Article 21(a)–(g). In particular, as information on the staff of the labour inspection service (Article 21(b)) and statistics on workplaces liable to inspection and the number of workers employed therein (Article 21(c)) are available, the Committee requests that the Government include this information in the annual labour inspection reports. Noting the abovementioned difficulties as referred to by the Government (absence of an integrated data management system), the Committee once again reminds the Government of the possibility of availing itself of ILO technical assistance in this regard.