Individual Case (CAS) - Discussion: 1988, Publication: 75th ILC session (1988)

The Government has communicated the following information:

The Government has recently completed review of labour legislation on several subjects where drafting should be done soon (severance pay, unpaid dismissals, domestic service). A law on maternity protection has been enacted. It is envisaged that legislation dealing with problems of labour inspection can be considered next: proposals are made by the Labour Department, considered by the Tripartite Joint Advisory Committee, then Cabinet, before being sent for drafting. The comments of the Committee of Experts will be taken into consideration in this process.

Copies of annual reports on labour inspection will be made available to the ILO. Publication is proving difficult because of printing costs.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 15 of the Convention. Compliance by labour inspectors with the obligations of maintaining manufacturing or commercial secrets and the confidentiality of the source of any complaint. The Committee continues to regret that it is unable to gain access through the Internet to the legal provisions indicated by the Government as ensuring compliance by labour inspectors: (i) subject to penal sanctions or appropriate disciplinary measures, with the obligation not to reveal manufacturing or commercial secrets which may come to their knowledge in the course of their duties (Article 15(b)), and (ii) the treatment as confidential of the source of any complaint bringing to their notice a defect or breach of legal provisions and the obligation to give no intimation that a visit of inspection was made in consequence of a complaint (Article 15(c)). The Government is therefore requested once again to provide copies of the relevant texts so as to enable the Committee to assess their content in relation to the scope of these provisions of the Convention.

Articles 19, 20 and 21. Reporting obligations of the labour inspection services. Despite the commitment made by the Government in its report received in October 2002 and the reiterated requests of the Committee, no annual inspection report has reached the ILO. In the absence of such a document, the Committee is not in a position to assess the manner in which effect is given in practice to the Convention. The Committee therefore once again requests the Government to ensure that an annual report on the work of the inspection services is published in the very near future by the central inspection authority, that it contains information that is as detailed as possible on the subjects covered by clauses (a)–(g) of Article 21 and that a copy is transmitted to the ILO within the time limits set out in Article 20. It would grateful if the Government would also provide copies of the model reports for establishment inspections, periodical reports of inspection offices as envisaged by Article 19 of the Convention, and any relevant statistical tables that are available or if it would indicate the difficulties encountered in the implementation of these provisions of the Convention and the measures envisaged to overcome these difficulties.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 15 of the Convention. Compliance by labour inspectors with the obligations of maintaining manufacturing or commercial secrets and the confidentiality of the source of any complaint. The Committee continues to regret that it is unable to gain access through the Internet to the legal provisions indicated by the Government as ensuring compliance by labour inspectors: (i) subject to penal sanctions or appropriate disciplinary measures, with the obligation not to reveal manufacturing or commercial secrets which may come to their knowledge in the course of their duties (Article 15(b)), and (ii) the treatment as confidential of the source of any complaint bringing to their notice a defect or breach of legal provisions and the obligation to give no intimation that a visit of inspection was made in consequence of a complaint (Article 15(c)). The Government is therefore requested once again to provide copies of the relevant texts so as to enable the Committee to assess their content in relation to the scope of these provisions of the Convention.

Articles 19, 20 and 21. Reporting obligations of the labour inspection services. Despite the commitment made by the Government in its report received in October 2002 and the reiterated requests of the Committee, no annual inspection report has reached the ILO. In the absence of such a document, the Committee is not in a position to assess the manner in which effect is given in practice to the Convention. The Committee therefore once again requests the Government to ensure that an annual report on the work of the inspection services is published in the very near future by the central inspection authority, that it contains information that is as detailed as possible on the subjects covered by clauses (a)–(g) of Article 21 and that a copy is transmitted to the ILO within the time limits set out in Article 20. It would grateful if the Government would also provide copies of the model reports for establishment inspections, periodical reports of inspection offices as envisaged by Article 19 of the Convention, and any relevant statistical tables that are available or if it would indicate the difficulties encountered in the implementation of these provisions of the Convention and the measures envisaged to overcome these difficulties.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report received on 20 September 2005 does not reply to its comments addressed in 2004. It therefore hopes that a report will be supplied for examination at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government has replied in part to its previous comments. It notes in particular that, contrary to the indications provided previously by the Government, no inspection report as required by Articles 20 and 21 of the Convention has been received by the ILO.

The Committee also notes that the ILO has not been able to gain access to the orders requiring public officers to be sworn to secrecy on the Government’s web site as indicated in the report. It nevertheless emphasizes even now that the obligation of confidentiality and the maintenance of professional secrets should, in accordance with Article 15(b) and (c), be respected even after the termination of the service of labour inspectors.

The Committee would be grateful if the Government would: (i) ensure that an annual report on the activities of the inspection services is published rapidly and communicated to the ILO by the central labour inspection authority; (ii) provide copies of the orders respecting the obligation for the confidentiality of public officers, take any measures necessary to ensure that this obligation is complied with, even after the end of the service of labour inspectors, and keep the ILO informed of any progress in this respect; (iii) provide copies of the legal provisions on the extent of the right of labour inspectors to enter workplaces freely and any document relating to the application in practice of their right of entry; and (iv) provide information on the role of the labour inspection services in combating child labour, and on the results of their activities in this field.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government has replied in part to its previous comments. It notes in particular that, contrary to the indications provided previously by the Government, no inspection report as required by Articles 20 and 21 of the Convention has been received by the ILO.

The Committee also notes that the ILO has not been able to gain access to the orders requiring public officers to be sworn to secrecy on the Government’s website as indicated in the report. It nevertheless emphasizes even now that the obligation of confidentiality and the maintenance of professional secrets should, in accordance with Article 15(b) and (c), be respected even after the termination of the service of labour inspectors.

The Committee would be grateful if the Government would: (i) ensure that an annual report on the activities of the inspection services is published rapidly and communicated to the ILO by the central labour inspection authority; (ii) provide copies of the orders respecting the obligation for the confidentiality of public officers, take any measures necessary to ensure that this obligation is complied with, even after the end of the service of labour inspectors, and keep the ILO informed of any progress in this respect; (iii) provide copies of the legal provisions on the extent of the right of labour inspectors to enter workplaces freely and any document relating to the application in practice of their right of entry; and (iv) provide information on the role of the labour inspection services in combating child labour, and on the results of their activities in this field.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

With reference to its observation, the Committee would be grateful if the Government would provide additional information on the following points.

1. The appropriate and dissuasive nature of penalties. Under the terms of section 17 of the Health and Safety at Work Act, No. 2 of 2002, a single penalty is envisaged for any offence against any of its provisions, without the gravity of the offence being taken into account (a fine of $5,000). In accordance with Article 18 of the Convention, penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties must be adequate. The Committee would be grateful if the Government would provide information on the manner in which it is ensured that the penalty is adequate, as required by Article 18 of the Convention, and if it would indicate, where appropriate, the respective case law.

2. Staffing and functions of the labour inspectorate. In its report provided in 2001, the Government indicated under Article 3 of the Convention that no additional duties are entrusted to labour inspectors other than those provided for in paragraph 1. However, under Article 10, the Government indicated that labour inspectors assigned to the various islands have to perform functions in addition to their inspection duties. According to the information provided in the additional report of October 2002, labour inspection is ensured by a staff composed of five inspectors, of whom three are in Nassau and two in Freeport, and on other islands by labour officers, the numbers of whom are being increased. The Committee would be grateful if the Government would indicate the criteria for the recruitment, conditions of service and qualifications, as well as the duties attributed to labour officers acting as labour inspectors. Please also indicate the basis on which the geographical distribution of each of the two categories of labour inspection personnel is determined.

3. Obligation of confidentiality with regard to information and the source of complaints. The Committee would be grateful if the Government would provide information on the manner in which it is ensured that labour officers who do not have the status of labour inspectors comply with the obligations of confidentiality set out in Article 15(b) and (c) of the Convention with regard, firstly, to manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties and, secondly, the source of any complaint bringing to their notice a defect or breach of legal provisions.

4. Fields of competence of labour inspectors with regard to the application of legal provisions respecting working conditions. Noting that the Employment Act No. 27 of 2001 does not contain provisions on the supervision of its application, the Committee would be grateful if the Government would provide information in this respect and supply a copy of any relevant text.

Noting that labour inspectors are empowered to enter workplaces without previous notice, in conformity with Article 12, paragraph 1(a) and (b), and that they are required to notify the employer or his representative of their presence, the Committee would be grateful if the Government would indicate whether, as envisaged in paragraph 2 of the same Article, labour inspectors may decide to refrain from this formality where they consider that such notification may be prejudicial to the effectiveness of the inspection. If not, the Government is requested to take the necessary measures to bring its legislation into conformity with this provision of the Convention.

5. Labour inspection and child labour. With reference to its general observation of 1999, and noting that the provisions of the Employment Act, No. 27 of 2001, also cover the employment of children and young persons, the Committee hopes that the Government will ensure that labour inspectors are able to involve themselves actively in seeking out and taking legal action against violations of the legislation respecting child labour and that relevant statistics will regularly be included in the annual inspection report.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s replies to its observation and direct request of 2000, supplementing the report provided in 2001 on the application of the Convention.

It notes with interest the adoption of the Health and Safety at Work Act, No. 2 of 2002, which gives effect to various provisions of the Convention, and particularly to Article 13, paragraphs 1 and 2, respecting the powers of injunction that inspectors should be able to exercise or to make recommendations during the inspection of working conditions relating to occupational safety and health.

The Committee also notes the increase in the staff of the inspection services and their allocation of vehicles, as well as the information that labour inspectors receive training after their recruitment and benefit from training from ILO experts. The Committee would be grateful if the Government would provide information on the form and content of these two types of training and provide copies of any relevant documents.

Noting the announcement by the Government of the future provision of annual inspection reports, the form and content of which are specified in Articles 20 and 21 of the Convention, the Committee once again hopes that measures have been taken in practice with a view to the publication and regular communication to the ILO by the central labour inspection authority of such reports, which are indispensable both for evaluation by the Government of the effectiveness of the labour inspection system, and for the assessment by the Committee of the extent to which the Convention is applied.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

With reference also to its observation on the Convention, the Committee requests the Government to provide additional information on the following points.

1.  Human, material and financial resources of the labour inspectorate.  The Committee would be grateful if the Government would provide statistical data on the inspection staff, its geographical distribution, the workplaces liable to supervision, inspection activities by theme and their frequency (Article 10 of the Convention), as well as information on the transport facilities for the professional travel of labour inspectors or the reimbursement of the expenses incurred in this respect (Article 11).

2.  Unexpected nature of inspections and the effectiveness of inspections in workplaces liable to supervision.  The Committee notes that one out of two inspections of commercial establishments is announced. As it emphasized in its 1985 General Survey on labour inspection, the Committee considers that the unexpected nature of the inspection visit is the best guarantee of effective supervision. The right of inspectors to enter freely workplaces liable to inspection is set out in Article 12(1)(a) and (b), and inspectors are only obliged to notify the employer or his representatives of their presence in so far as such notification is not liable to be prejudicial to the effectiveness of the inspection. The Government is requested to provide information on the reasons why one out of two inspectors announced their inspection visits to employers in commercial establishments and, in any event, to take measures to re-establish the unexpected nature of inspection visits.

3.  Notification of industrial accidents and cases of occupational disease.  The Committee notes that employers are obliged to notify industrial accidents, but that cases of occupational disease are notified in the reports of the health officers of the Department of Environmental Health. The Committee requests the Government to provide information on the manner in which it is ensured that labour inspectors are informed in both cases, in accordance with Article 14.

4.  Presence of women in the staff of the labour inspection services.  The Committee would be grateful if the Government would indicate the manner in which effect is given to Article 8, which provides that both women and men shall be eligible for appointment to the inspection staff and that, when necessary, special duties may be assigned to men and women inspectors. Please provide information, as appropriate, on the number of women concerned and on the special duties assigned to them.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report and the information provided in partial response to its previous comments. It draws the Government’s attention to shortcomings in the application of the Convention, particularly in relation to the following matters.

1.  Annual inspection reports and the central inspection authority.  The Committee notes the non-compliance by the central inspection authority with the obligation to prepare, publish and transmit to the ILO annual inspection reports, as envisaged in Articles 20 and 21 of the Convention. As a consequence, the Committee does not have at its disposition the information which is essential to assess the extent to which the Convention is applied in practice. Indeed, no figures are provided on the material and financial resources made available to the labour inspectorate, nor on the number and economic activities of the workplaces liable to inspection (Articles 10 and 11).

The Committee notes, on the one hand, that inspectorate units are attached to several government agencies, namely the Ministry of Public Works, the Department of Environmental Health, the Department of Labour and the National Insurance Board and, secondly, that each unit performs its duties independently and collaborates with other units; the Committee reminds the Government that, in accordance with Article 4(1), labour inspection shall be placed under the supervision and control of a central authority and it would be grateful if the Government would provide it with detailed information on the manner in which effect is given to this provision. In any event, the Committee hopes that the Government will not fail to take all appropriate measures rapidly to ensure that annual inspection reports, within the meaning of Articles 20 and 21, are published and transmitted regularly to the Office. In the meantime, it would be grateful if the Government would provide the information requested under Article 10 in the report form on the Convention, indicate the transport facilities made available to labour inspectors to ensure the mobility which is indispensable for the performance of their duties and supply information on the measures taken for the reimbursement of any travelling or incidental expenses.

2.  Recruitment, training and credibility of labour inspectors.  According to the information provided by the Government, inspection duties can be assigned to any official and no specific training is envisaged for this purpose. The Committee recalls that, in accordance with Article 7, labour inspectors shall be recruited with sole regard to their qualifications for the performance of their duties, on the bases of the qualifications determined by the competent authority (Article 7(1) and (2) and shall be adequately trained (Article 7(3); the Committee requests the Government to take measures rapidly for the determination, in accordance with the above provisions, of criteria for recruitment and further training procedures for labour inspectors which are such as to confer upon them the authority and impartiality which are necessary in their relations with employers and workers (Article 3(2).

The Committee is addressing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Further to its previous comments, the Committee notes the information provided by the Government in its report. The Committee notes the Government's indication that some difficulties in the application of the Convention have arisen from the fact that the inspectorate is stratified under different ministries; efforts are being made to regularize a comprehensive unit under a central authority. The Committee also notes that labour inspection regulations are being incorporated into the new minimum labour standards bill which should according to the Government give greater opportunity for the application of the Convention. The Committee requests the Government to provide information on developments as concerns the envisaged reforms as well as on their impact on labour inspection. The Committee also requests the Government to provide information on the following points:

Article 13, paragraph 2, of the Convention. The Committee notes the information supplied by the Government that labour inspectors do not have the powers provided for in paragraph 2 of this Article. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to this provision.

Article 18. The Committee notes the information provided by the Government that provisions are being incorporated into the revised minimum labour standards bill for penalties and violations. It would be grateful if the Government would provide information on progress made.

Articles 20 and 21. Further to its previous comments, the Committee notes once again that no general report on the activities of the inspection services has been drawn up. It reiterates the importance that it attaches to the elaboration of annual inspection reports that contain information on the subjects set out in Article 21, and that are published and transmitted to the ILO within the time-limits set forth in Article 20. The Committee trusts that the Government will take the necessary measures to this effect shortly.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Further to its previous comments, the Committee notes the general information on labour inspection activities provided by the Government in its most recent report, including samples of individual inspection visit reports, extracts from the Fair Labour Standards Act, and copies of two collective agreements. It also notes the information that the Government has received suggestions from both the representatives of the Commonwealth of the Bahamas Trade Union Congress (CBTUC), and the Bahamas Employers' Confederation (BECON) on the appropriateness of implementation of legislation and the establishment of a machinery for an inspectorate. The Committee also notes the information provided earlier by the Government that recommendations had been made for legislation to be adopted to give full effect to the provisions of the Convention. The Committee hopes that the necessary measures will soon be adopted and that the Government will report on progress made.

Articles 20 and 21 of the Convention. Further to its previous comments, the Committee notes again that no general report on the activities of the inspection services has been drawn up. It reiterates the importance that it attaches to the elaboration of annual inspection reports that contain information on the subjects set out in Article 21, and that are published and transmitted to the ILO within the time-limits set forth in Article 20. It trusts the Government will take the necessary measures to this effect shortly.

The Committee notes with interest the information contained in the Government's report that assistance for the training of inspectors was being sought from the ILO and hopes that such assistance will help in improving the situation.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that once again the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that the Convention is applied by custom and practice and that no progress has yet been made in adopting legislative measures to give effect to its provisions. The Committee trusts that appropriate legislation will be adopted in the near future. Articles 20 and 21 of the Convention. The Committee notes that no report on the activities of the inspection services has yet been drawn up. Recalling the importance that it attaches to annual inspection reports, the Committee requests the Government to take the necessary measures to ensure that these reports, containing information on the subjects set out in Article 21, are published and transmitted to the ILO within the time-limits set forth in Article 20.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous comments, the Committee notes the Government's statement to the effect that the Convention is applied by custom and practice and that no progress has yet been made to adopt legislative measures to give effect to its provisions. The Committee trusts that appropriate legislation will be adopted in the near future. Articles 20 and 21 of the Convention. The Committee notes that no report on the activities of the inspection services has yet been drawn up. Recalling the importance that it attaches to annual inspection reports, the Committee requests the Government to take the necessary measures to ensure that these reports, containing information on the subjects set out in Article 21, are published and transmitted to the ILO within the time-limits set forth in Article 20.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous comments, the Committee notes the Government's statement to the effect that the Convention is applied by custom and practice and that no progress has yet been made to adopt legislative measures to give effect to its provisions. The Committee trusts that appropriate legislation will be adopted in the near future. Articles 20 and 21 of the Convention. The Committee notes that no report on the activities of the inspection services has yet been drawn up. Recalling the importance that it attaches to annual inspection reports, the Committee requests the Government to take the necessary measures to ensure that these reports, containing information on the subjects set out in Article 21, are published and transmitted to the ILO within the time-limits set forth in Article 20.

[The Government is asked to supply full particulars to the Conference at its 79th Session.]

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

With reference to its previous comments, the Committee notes the Government's statement to the effect that the Convention is applied by custom and practice and that no progress has yet been made to adopt legislative measures to give effect to its provisions. The Committee trusts that appropriate legislation will be adopted in the near future.

Articles 20 and 21 of the Convention. The Committee notes that no report on the activities of the inspection services has yet been drawn up. Recalling the importance that it attaches to annual inspection reports, the Committee requests the Government to take the necessary measures to ensure that these reports, containing information on the subjects set out in Article 21, are published and transmitted to the ILO within the time-limits set forth in Article 20. [The Government is asked to supply full particulars to the Conference at its 77th Session.]