Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. Functions of labour inspectors in the area of freedom of association. The Committee notes the Government’s indication in its report, in reply to its previous request, that following legislative changes to the Labour Inspection Act LXXV of 1996, the labour inspectorate no longer has any competence in the area of freedom of association. The Committee refers in this respect to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), concerning the powers of the Equal Treatment Authority in the area of anti-union discrimination and the request made by the Committee concerning effective enforcement procedures in relation to acts of interference. The Committee requests the Government to provide information on the existing enforcement mechanisms in relation to freedom of association, and the agencies responsible in this area. The Committee also requests the Government to provide statistical information on relevant enforcement activities in practice, including, where applicable, information on the number of inspections, complaints made, subjects covered, and penalties imposed.

Articles 4 and 11 of Convention No. 81 and Articles 7 and 15 of Convention No. 129. Organization of the labour inspection services and allocation of sufficient budgetary resources for their effective functioning. The Committee previously noted the reorganization of the labour inspection services under the Ministry for National Economy, including the integration of the labour inspection and occupational safety and health (OSH) units within the metropolitan and district administrative authorities (appointed as regional labour authorities). It notes the Government’s indication that while these units report to, and receive professional guidance from, the Employment Supervision Department and the OSH Department of the Ministry for National Economy, acting as the central labour authority, they receive their material resources (including office space and transport facilities) from the metropolitan and district administrative authorities. The Committee notes the Government’s indication that the required budget for the metropolitan and district administrative authorities is provided annually, but without specifications concerning its allocation. The Committee requests the Government to provide information on how it is ensured that sufficient budgetary resources are allocated for labour inspection units as a result of their integration into the metropolitan and district administrative authorities.

Article 5(a) of Convention No. 81 and Article 12 of Convention No. 129. Effective cooperation between the labour inspection services and the justice system. The Committee welcomes the information provided by the Government, in response to its previous request, on the cooperation between the labour inspection services and the judicial authorities, including the publication of judicial decisions on the website of the courts, and the presentation of instructive legal cases on the intranet of the OSH authority.

Articles 17 and 18 of Convention No. 81 and Articles 22, 23 and 24 of Convention No. 129. System for the enforcement of administrative penalties. The Committee notes the Government’s indications, in response to the Committee’s request, concerning the enforcement procedure for administrative penalties in relation to labour law violations. The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council that the level of penalties and fines which may be applied by the public authorities is insufficient. In this context, the Committee also notes the Government’s indication that pursuant to section 6/A(2) of the Labour Inspection Act, a fine shall not be imposed if the employer pays outstanding wages within the deadline set by the labour inspectorate. In its 2017 General Survey concerning certain occupational safety and health instruments, paragraph 471, the Committee recalled that it is essential for the credibility and effectiveness of regulatory systems that penalties are sufficiently dissuasive and that they are defined in the national legislation in proportion to the nature and gravity of the offence. The Committee requests the Government to indicate how it is ensured that penalties for labour law violations, including in the area of the payment of wages, are sufficiently dissuasive, and are effectively enforced.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual reports on the activities of the labour inspection services. The Committee notes that while no annual labour inspection reports were submitted, the Government has provided statistical information in its reports under Conventions Nos 81 and 129 on the subjects listed in Article 21(a),(b),(d),(e) and (f) of Convention No. 81 and Article 27(a),(b),(d),(e) and (f) of Convention No. 129. Noting that labour inspection reports have not been received since 2009, the Committee once again requests the Government to regularly publish and communicate to the ILO annual reports on the work of the labour inspection services, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, which include information on all the items under Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Article 9 of Convention No. 129. Capacities of labour inspectors to carry out effective inspections in the agricultural sector. The Committee notes the Government’s indication, in reply to the Committee’s request, that no specific training on labour matters in the agricultural sector were provided to labour inspectors, as the national labour inspection system covers all economic sectors. The Committee requests the Government to provide information on whether the general training provided to labour inspectors also touches upon issues that are particularly relevant to agriculture, such as the handling of chemicals and pesticides, agricultural machinery, the lifting of heavy weights, etc.