Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

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

The Committee notes with interest the Government’s detailed report as well as the half-yearly inspection report published in December 2009 which completes the report covering the period from January to June of the same year.

Articles 5 and 9 of the Convention. Cooperation between the inspection services and other government services and collaboration with employers and workers. The Committee notes with interest the information provided concerning a number of instructions essentially designed, according to the Government, to increase the effectiveness of the technical assistance given to the social partners, strengthen social dialogue at the local level, encourage effective practices and raise awareness of those practices and establish structures relating to the prevention of occupational hazards by promoting the widespread use of new technological communication processes to disseminate information relating to conditions of work and employment, strengthening the monitoring of illegal employment practices and working conditions and coordinating efforts to combat and prevent child labour with other ministerial departments. The Committee would be grateful if the Government would provide a copy of the above instructions in its next report and indicate the measures actually implemented to give effect to those instructions in practice. It requests the Government to inform the ILO of the results achieved by means of institutional collaboration and collaboration with the social partners in the specific areas of the prevention of occupational hazards, illegal practices relating to working conditions and child labour.

Article 7. Training of labour inspectors. The Committee notes with interest that the training of labour inspectors has continued and has covered investigation and survey methods, methods of analysing occupational hazards and their prevention, and information technology. According to the Government, the training provided has improved the level of technical knowledge of inspection staff and increased the effectiveness of their work. The Committee would be grateful if the Government would continue providing detailed information on the training provided for inspection staff and its impact on inspection activities and their results.

Articles 8, 10 and 16. Number of labour inspectors. Inspections carried out. The Committee notes that while the number of public servants providing administrative support for labour inspectors was increased significantly during the period covered by the Government’s report (83 new members of staff), the number of labour inspectors of all grades fell from 900 to 874. Furthermore, the number of inspectors working in the field fell from 697 to 659. According to the Government, this continuous fall in the number of inspectors over several years is the result of staff retiring or being promoted. It considers the ratio of one inspector for every 9,000 workers to be satisfactory and as a result, has not announced any measures to halt this trend. Furthermore, it indicates that each inspection section operates with two inspectors.

The Committee further notes that women account for only one tenth of the number of inspection staff (91 out of 874) and that this proportion should be increased by means of recruitment programmes. However, the Government does not provide details of the measures implemented to that end.

With regard to the inspections carried out by labour inspectors, the Committee notes with interest that the number of inspections carried out rose from 108,372 in 2008 to 126,326 in 2009, representing an increase of 16.56 per cent. In this regard, it notes with interest the implementation in practice of the instructions laying down how often inspections of enterprises should be carried out: at least twice a year for workplaces in which workers are most exposed to occupational hazards, enterprises included in the chart for the prevention of collective disputes and small and medium-sized enterprises, and at least once a year for workplaces in which workers are not exposed to major safety and health risks. However, given that the total number of workplaces liable to inspection is not available, it is virtually impossible to assess the rate of coverage of the labour inspectorate. It once again reminds the Government of the importance of ensuring the availability of such information not only for that purpose but also to enable the central authority to give sufficient grounds in requests for budgetary allocations with a view to ensuring optimum coverage with regard to labour inspections.

The Committee requests the Government to ensure that, in future, the report on the work of the labour inspectorate contains figures relating to the workplaces liable to inspection, as well as the number of workers employed therein, and to indicate in its next report the manner in which it is ensured that the annual objectives relating to the minimum number of inspections of workplaces liable to inspection are achieved. The Committee requests the Government to indicate the measures envisaged or taken to compensate for separations from service due to retirement or personal promotion so that the number of inspectors in the field remains sufficient in relation to the number of workplaces to be covered and the complexity of labour inspection duties, to increase the number of female inspectors taking into account the composition of the workforce and to keep the ILO informed of the results achieved.

Article 11. Material means available to labour inspectors. The Committee notes that five new wilaya labour inspection headquarters have been completed in the context of the project to build 43 regional and wilaya inspection headquarters during the period 2005–08 (Skikda, El Tarf, Béchar, Souk Ahras and Tlemcen) and that 21 additional headquarters are in the process of being built. It also notes that new vehicles have been acquired since the Government’s last report on the application of the Convention and that a fleet of 131 vehicles is now available to labour inspectors. The Committee notes with interest this information which shows the Government’s efforts to improve the means of action of the labour inspectorate and would be grateful if the Government would continue keeping the Office informed of any developments in this regard.

Articles 14 and 21(g). Industrial accidents and occupational diseases. The Committee notes that, under section 13(c) of Act No. 83-13 of 2 July 1983, any industrial accident shall be reported by the social security body to the labour inspector covering the enterprise concerned. According to the Government, in the event of a serious industrial accident, the labour inspection services carry out thorough investigations based on a standardized framework.

With regard to occupational diseases, under section 71 of the same Act, a copy of the document reporting the case shall be transmitted to the labour inspectorate. The Government adds that, in general, the labour inspectorate receives information on industrial accidents and cases of occupational disease by means of investigations carried out by the employer, workers, the prevention body or by the services of the National Social Insurance Fund for Salaried Employees. However, the Committee notes that the reports on the work of the labour inspectorate do not contain relevant information. The Committee requests the Government to provide information on the methods actually used to provide the labour inspectorate with information relating to industrial accidents and cases of occupational disease, as well as a copy of any relevant document, such as the text implementing sections 68 and 69 of Act No. 83-13 of 2 July 1983, instructions, report forms, etc. It would be grateful if the Government would also provide information on the role of labour inspectors in the context of the investigations carried out following serious industrial accidents, as well as the measures to be taken to avoid the occurrence of new accidents or cases of occupational disease.

Articles 5(a), 13, 17, 18 and 21(e). Action taken in response to reports of violations or occupational safety and health risks. Cooperation with judicial bodies. The Committee notes the general information contained in the reports of the labour inspectorate concerning its activities (routine, special and follow-up inspections) and the measures taken by labour inspectors (written comments, formal warnings and reports of violations). In its previous comments, it requested the Government to provide a copy of any court decisions handed down concerning violations reported by the labour inspectorate and to indicate the measures taken or envisaged to develop effective cooperation between the labour inspection services and the judicial bodies. It notes that in 2009, inspectors issued 57,666 formal warnings, 37,782 reports of violations and 14,796 written comments and that the actions mainly concerned the failure to declare the employment of workers and occupational safety and health. However, no information is provided concerning the action taken by the courts in order to follow up on the reports of violations issued during the periods covered by the previous government reports or concerning any measures taken to promote effective cooperation between the labour inspectorate and the judicial bodies. In this regard, the Committee refers to its general observation of 2007 and requests the Government to take measures to promote effective cooperation between the labour inspectorate and the judicial bodies and to ensure that, in future, the report on the work of the labour inspectorate contains the most detailed information possible concerning the violations noted by labour inspectors during their inspections, as well as the administrative measures (cessation of work, for example), administrative fines and judicial decisions handed down against those responsible for violating the legal provisions on working conditions and the protection of workers.

Article 21. Content of annual reports. Noting the efforts made by the central labour inspection authority to publish and transmit to the ILO half-yearly reports on inspection activities, the Committee draws its attention to the guidance provided in paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), concerning the ideal level of detail for the information which should be included in the annual inspection report. It emphasizes the importance of this report as a tool for evaluating the operation of the labour inspectorate and determining measures to ensure its gradual improvement. The presentation of the information required is not an end in itself. It should be processed and analysed by the central labour inspection authority with a view to achieving the socio-economic objective inherent in the eminently important function of the labour inspectorate. The Committee would be grateful if the Government would take measures to give full effect to the provisions of Articles 20 and 21 of the Convention, so that the annual report on the work of the labour inspectorate constitutes, each year, a reliable basis for assessing the budgetary resources required to improve its operation.

Labour inspection and child labour. Referring to its previous comments, the Committee notes that the Government has not provided the information required on inspection activities in the area of combating child labour. The Committee once again requests the Government to provide information on the measures taken by the labour inspectorate to enforce the legislation relating to child labour and, if necessary, punish those responsible, as well as on the impact of these measures on developments relating to the phenomenon.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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:

Also referring to its observation, the Committee draws the Government’s attention to the following points.

Content of reports under article 22 of the ILO Constitution with regard to developments in the application of the Convention. The Committee notes that the Government continues to supply information concerning the applicable legislation, the organization and functioning of the labour inspectorate, and also the working methods followed which have already been described in previous reports. The Committee reminds the Government that subsequent reports should contain information, as provided for by the report form for the Convention, on any new legislative or other measures affecting the application of the Convention, replies to the questions in the report form on the practical application of the Convention, the content of which changes for each reporting period (statistics, results of inspections, judicial or administrative decisions), on the communication of copies of the report to the representative organizations of employers and workers, on any observations received from these organizations, and also replies to any comments from the ILO supervisory bodies. Since such information is of a recent nature, it underlines developments in the application of the Convention and is designed to enable the Committee to evaluate more easily the progress made or the difficulties encountered. It therefore requests the Government to take these instructions into consideration and supply all relevant information in the future.

Articles 10 and 16 of the Convention. Measures to ensure adequate numbers of inspectors for the number of workplaces liable to inspection. Further to its previous comments on the matter, the Committee notes that the Government has not provided the requested explanations regarding the substantial drop in recent years in the number of inspectors of all grades. It notes once again that their numbers have decreased even further during the reporting period. For all grades taken together, numbers have dropped from 946 to 900; the number of inspectors operating in the field has dropped from 724 to 697; and the number of senior managers responsible for supervision, coordination and synthesis has dropped from 222 to 203. Only the number of administrative staff has been reinforced, increasing from 717 to 760.

Under the terms of section 3 of Act No. 90-03 of 6 February 1990, labour inspection takes place in all workplaces where employees or apprentices of either sex are employed, with the exclusion of military personnel and establishments in which national defence or security requirements prohibit the presence of foreigners. In its previous comment regarding the meaning of the term “workplaces liable to inspection”, the Committee explained that, as defined by the Convention, this means industrial and commercial workplaces in respect of which legal provisions relating to conditions of work and the protection of workers while engaged in their work are enforceable by labour inspectors (Articles 2(1) and 23) and emphasized the importance of the ratio between the number of workplaces liable to inspection and the number of workplaces inspected as an indicator of both the level of coverage of needs and the adequacy or inadequacy of the number of inspectors deployed on the territory. It notes that, despite the clarity of the abovementioned provision of Act No. 90-03 with regard to the determination of the bodies comprising its area of competence, the tables of statistics sent to the ILO in 2007 do not appear to reflect reality at all, the figure of 179,000 indicated for 2006 appearing to be clearly lower than that of all the workplaces covered by section 3 of Act No. 90-03 and at odds with the estimate made by the National Development and Investment Agency (ANDI) of 320,000 “enterprises” in 2007 – an enterprise being able to comprise a number of workplaces.

While noting the progress made by the Government and the central inspection authority in drawing up labour statistics, the Committee would nevertheless like to stress the importance of having data which reflect reality as closely as possible with regard to the number of workplaces liable to inspection, on the basis of the criteria defined by section 3 of Act No. 90-03. In the absence of such data, it is impossible for the Committee to evaluate the level of coverage achieved by the labour inspectorate or whether the number of inspectors is adequate. Moreover, for the same reason at national level, the competent authorities have no basis on which to justify the necessary budgetary and organizational measures for improving the performance of the labour inspectorate in relation to its objectives.

With regard to the number of persons employed in workplaces liable to inspection, the Committee notes that the tables of statistics mentioned above indicate a working population of 1,948,910 persons in 2006. However, information supplied by the Government to the ILO in 2007 in the context of a project to standardize labour inspection practices referred to a working population of 8.1 million persons. The abovementioned figure of 1,948,910 does not therefore appear to represent the total number of workers covered by labour inspection under the terms of section 3 of Act No. 90-03. The Committee would be grateful if the Government would ensure, in the light of the above information, that measures are taken by the central labour inspection authority so that reliable data on the basis of precise criteria concerning workplaces liable to inspection and the number of workers employed in them are included in future reports from the general labour inspectorate. It hopes that the Government will state in its next report the reasons for the decrease in the number of inspectors in recent years, and provide information on the measures taken or contemplated, if applicable, to reinforce staff numbers.

Articles 8 and 21(b), (c), (d), (e), (f) and (g) of the Convention, and Paragraph 9 of Recommendation No. 81. Level of detail of relevant information with regard to labour inspection activities and their results. The Committee notes from the June 2008 half-yearly activity report that the majority of inspection reports covered the services and construction sectors. However, the Committee notes that the report indicates the number of inspection visits but not the number or category of workplaces inspected. Similarly, the report does not distinguish between infringements reported and penalties imposed on those responsible in relation to the relevant legal provisions. However, it notes that, according to other sources of information available to the ILO, at the official opening of the national supervisory group for labour inspection, the general labour inspectorate was able to provide statistics on its activities and their results, clearly indicating, for certain categories, the number of bodies inspected and the number of inspections undertaken. It also supplied figures relating to infringements of certain provisions of the Labour Code and pointed out that 28 per cent of the 28,325 infringements reported were followed up by court decisions against 20 per cent of them in 2006. The general labour inspectorate therefore appears to have a sufficiently powerful statistical tool to enable it to include gradually in its annual report the detailed information required by the abovementioned clauses of Article 21, with the level of detail advocated by Paragraph 9 of Recommendation No. 81. The Committee would be grateful if the Government would supply in its next report further information on the scope of the expression “service enterprises”, in respect of which the annual reports for 2007 and 2008 indicate that they have been the recipients of nearly three times more inspection visits than industrial workplaces and nearly twice more than those undertaken in the construction industry.

The Committee requests the Government to ensure that, in view of the progress made in the availability of computer applications, detailed statistics on each of the subjects covered by Article 21 of the Convention on inspection activities and their results are included in the annual report of the general labour inspectorate and that this report is communicated to the ILO within the deadlines prescribed by Article 20. It hopes that statistics on labour inspection staff disaggregated by sex and also information on any specific tasks assigned to women inspectors will also be provided.

With reference to its general observation of 2007, the Committee requests the Government to send a copy of any available court decisions which have been issued further to infringements reported by the labour inspectorate and to indicate the practical measures taken or contemplated to develop effective cooperation between the labour inspectorate and the judicial bodies. With reference to the Government’s statement in its 2004 report under Part IV of the report form, to the effect that the courts had not issued any decisions concerning the implementation of the provisions of this Convention, the Committee notes the abovementioned information regarding the availability of data on the proportion of inspection reports which have given rise to court decisions.

Article 3, paragraph 2. Further duties entrusted to labour inspectors. Information available to the ILO refers to inspection activities targeting infringements of employment legislation, such as clandestine work, illegal employment of foreign workers, failure to complete formalities regarding placements, etc. The Committee would be grateful if the Government would supply further details on the manner in which it is ensured that the volume of such inspection activities does not result, given the proliferation of enterprises and industrial and commercial workplaces resulting from liberalization of the economy, in a reduction in the volume of activities to enforce the legal provisions relating to conditions of work and the protection of workers while engaged in their work. It requests the Government to describe the follow-up action taken further to reports of infringements in these areas with regard to both the employer and the workers concerned.

Article 14. Notification of cases of occupational disease. The Committee requests the Government to send a copy of the text implementing sections 68 and 69 of Act No. 83-13 of 2 July 1983 concerning industrial accidents and occupational diseases. It would also be grateful if the Government would communicate information on the manner in which labour inspectors are informed of cases of occupational disease and their role in the use of the fund whose establishment has been provided for by section 74 of the abovementioned Act to prevent the risk of occurrence of new cases.

Labour inspection and child labour. The Committee notes the information supplied by the Government under the Minimum Age Convention, 1973 (No. 138), concerning inspection activities and their results in 2006 and 2007 in the area of combating child labour. It notes that the revision of the Labour Code will enable the insertion of provisions to strengthen the relevant mechanisms. With reference to its general observation of 1999, the Committee hopes that the annual report published by the general labour inspectorate will in future contain information on their actions in this field and that the social partners and the other public or private bodies and institutions concerned with this phenomenon or which have responsibility for action in relation to it will be able to take further action or make proposals with a view to the eradication of child labour in the industrial and commercial workplaces covered by this Convention.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

The Committee notes the information contained in the Government’s report on the developments which have occurred in the organization and functioning of the general labour inspectorate with the implementation of Decree No. 05-05 of 6 January 2005 and also on their results in practice. It notes the redistribution of its functions among the central bodies and the restructuring of the decentralized labour inspection bodies with a view to adapting to the new realities of the working environment. In particular, the Committee notes the provisions of the above Decree relating to: the formulation, implementation and evaluation of annual and multi-annual training plans for labour inspection staff (section 13 respecting the functions of the training and documentation subdirectorate); the formulation and implementation of a prevention and monitoring strategy in occupational health, safety and medicine, and also the implementation of cooperation between the labour inspection services and the partners and institutions concerned in the various areas of enforcement of labour standards (section 5 respecting the functions of the directorate of occupational relations and monitoring of working conditions); the formulation of a development strategy for the computerization and compilation of statistics and the establishment of a system for the collection, processing and consolidation of all statistical information in relation to the work of labour inspectors (sections 10 and 14 respecting the functions of the administration and training directorate and the computerization and statistics subdirectorate, respectively); the establishment and updating of the register of enterprises (section 9 respecting the functions of the standardization and methodology subdirectorate); and the periodic assessment of offences reported by the labour inspectorate and the evaluation of follow-up action taken by the competent authorities (same section). With reference to its observation of 2007, the Committee also notes that the wilaya labour inspectorate (the decentralized inspection body at the departmental level) is responsible for monitoring the procedures and actions instituted by the labour inspectorate in the courts and for keeping the hierarchical authority informed (section 24).

The Committee also notes the adoption of the texts implementing the above Decree, namely: the Inter-ministerial Orders of 16 August 2005 concerning the organization and territorial competence of (i) labour inspection offices, and (ii) regional labour inspectorates, and also concerning the organization of labour inspection at the wilaya level; and the Inter-ministerial Order of 18 January 2006 establishing the office structure of the general labour inspectorate.

Articles 20 and 21 of the Convention. Publication and communication of an annual inspection report. Improvements to labour inspection statistics and dissemination of other information on labour inspection activities. The Committee notes, further to its repeated requests, the communication by the central labour inspection authority of two reports including information on developments in the working of the labour inspection system, statistics on inspection activities relating to the subjects covered by Article 3(1)(a), of the Convention, and on their results for 2007 and the first six months of 2008. The statistics cover the enforcement of the relevant legal provisions (Article 21(d) and (e)) and also the information and advice provided to employers and workers at their request or through planned activities (Article 3(1)(b)).

The statistical summaries for inspections are disaggregated by sector of the economy (public and private), type of inspection (routine, follow-up and special) and branch of activity (agriculture, industry, construction and public works, services). Statistics of the offences reported by the labour inspectorate are disaggregated by the number of reported warnings issued and written comments.

The Committee also notes that the construction sector has been the subject of particular vigilance on the part of the inspection services and that advice has been given by the inspectorate to strengthen observance of the legal provisions relating to safety and health. The reports also refer to the celebration for the fourth consecutive year of the World Day for Safety and Health at Work, organized by the National Institute for the Prevention of Occupational Risks, at the headquarters of the National Oil Well Services Company (ENSP), at the Hassi-Messaoud oilfield. Apart from communications on the management of occupational risks, particularly concerning a key aspect of the safety and health culture at the workplace, namely the principle of the use of personal protective equipment, reference was also made to the relevant ILO Conventions and Recommendations. Similarly, the World Day against Child Labour, with the participation of the ILO representative, provided an opportunity for the chief labour inspector to present occupational safety and health measures, and particularly the establishment of a national commission responsible for coordinating action by the ministerial departments concerned. The Day was celebrated by seven regional labour inspectorates (Annaba, Oran, Constantine, Batna, Tiret, Ouargla and Bechar).

The Committee also notes the inclusion in the reports published by the general labour inspectorate of technical, legislative and practical information for use by inspectors and employers and workers on issues related to conditions of work and the protection of workers. For example, the 2007 inspection report dealt with methods for preventing chemical hazards in industry and the role of the labour inspectorate in prosecuting breaches of the legislation respecting remuneration.

Article 7. Further training of labour inspectors, particularly through knowledge transfer (dissemination programme). The Committee notes that internal further training programmes for inspectors covered a variety of subjects during the reporting period, for example the exercise of the right to organize, home work, investigation and monitoring techniques, the establishment of contracts covering the employment relationship and the organization of the prevention of occupational risks. The Committee also notes that senior inspectors who attended training programmes abroad are given the task of transferring knowledge and competence thus acquired to other labour inspectors. It also notes that, in the context of its training programme, the Ministry of Labour, Employment and Social Security organized training on the treatment of psychological and social problems related to work, entitled the “SOLVE Programme”.

Article 11. Improving the conditions of work of labour inspectors. The Committee also notes the information in the Government’s report and the general labour inspectorate’s reports concerning the adoption of specific financial measures taken by the Government to reinforce the operational resources of the inspectorate and enhance its credibility.

Labour inspection buildings (offices and staff housing). The Committee notes the completion of buildings housing the new labour inspection headquarters in several wilaya capitals and other local inspection services (Oum El Bouaghi, Adrar, Illizi, Ouenza), and also the detailed information on the progress made on other building projects across the country, which are due to be completed in 2009. It notes that a total of 43 projects are being undertaken for the construction of new inspection headquarters, the extension and equipment of other inspection offices, and the creation of official housing for each inspectorate.

Office equipment and transport facilities. The inspection services have more than 912 computers, or one per inspector, as they are considered an essential tool for the development of management and communication methods. It should be noted that, in the context of special programmes, 15 wilayas in the High Plateau region and five wilayas in the south of the country have been the recipients of office furniture, computers and copying equipment, and also 12 vehicles, including nine four-wheel drive vehicles, out of the 128 new vehicles purchased by the general labour inspectorate in 2006 and 2007.

The Committee hopes that adequate financial resources will be allocated so that the legal and organizational measures taken will be given effect in practice and will lead to a substantial improvement in the effectiveness of labour inspection activities in accordance with the objectives of the Convention. The Committee also hopes that relevant information will continue to be supplied by the Government in its report on the application of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

Also referring to its observation, the Committee draws the Government’s attention to the following points.

Content of reports under article 22 of the ILO Constitution with regard to developments in the application of the Convention. The Committee notes that the Government continues to supply information concerning the applicable legislation, the organization and functioning of the labour inspectorate, and also the working methods followed which have already been described in previous reports. The Committee reminds the Government that subsequent reports should contain information, as provided for by the report form for the Convention, on any new legislative or other measures affecting the application of the Convention, replies to the questions in the report form on the practical application of the Convention, the content of which changes for each reporting period (statistics, results of inspections, judicial or administrative decisions), on the communication of copies of the report to the representative organizations of employers and workers, on any observations received from these organizations, and also replies to any comments from the ILO supervisory bodies. Since such information is of a recent nature, it underlines developments in the application of the Convention and is designed to enable the Committee to evaluate more easily the progress made or the difficulties encountered. It therefore requests the Government to take these instructions into consideration and supply all relevant information in the future.

Articles 10 and 16 of the Convention. Measures to ensure adequate numbers of inspectors for the number of workplaces liable to inspection. Further to its previous comments on the matter, the Committee notes that the Government has not provided the requested explanations regarding the substantial drop in recent years in the number of inspectors of all grades. It notes once again that their numbers have decreased even further during the reporting period. For all grades taken together, numbers have dropped from 946 to 900; the number of inspectors operating in the field has dropped from 724 to 697; and the number of senior managers responsible for supervision, coordination and synthesis has dropped from 222 to 203. Only the number of administrative staff has been reinforced, increasing from 717 to 760.

Under the terms of section 3 of Act No. 90-03 of 6 February 1990, labour inspection takes place in all workplaces where employees or apprentices of either sex are employed, with the exclusion of military personnel and establishments in which national defence or security requirements prohibit the presence of foreigners. In its previous comment regarding the meaning of the term "workplaces liable to inspection", the Committee explained that, as defined by the Convention, this means industrial and commercial workplaces in respect of which legal provisions relating to conditions of work and the protection of workers while engaged in their work are enforceable by labour inspectors (Articles 2, paragraph 1,and 23) and emphasized the importance of the ratio between the number of workplaces liable to inspection and the number of workplaces inspected as an indicator of both the level of coverage of needs and the adequacy or inadequacy of the number of inspectors deployed on the territory. It notes that, despite the clarity of the abovementioned provision of Act No. 90-03 with regard to the determination of the bodies comprising its area of competence, the tables of statistics sent to the ILO in 2007 do not appear to reflect reality at all, the figure of 179,000 indicated for 2006 appearing to be clearly lower than that of all the workplaces covered by section 3 of Act No. 90-03 and at odds with the estimate made by the National Development and Investment Agency (ANDI) of 320,000 "enterprises" in 2007 - an enterprise being able to comprise a number of workplaces.

While noting the progress made by the Government and the central inspection authority in drawing up labour statistics, the Committee would nevertheless like to stress the importance of having data which reflect reality as closely as possible with regard to the number of workplaces liable to inspection, on the basis of the criteria defined by section 3 of Act No. 90-03. In the absence of such data, it is impossible for the Committee to evaluate the level of coverage achieved by the labour inspectorate or whether the number of inspectors is adequate. Moreover, for the same reason at national level, the competent authorities have no basis on which to justify the necessary budgetary and organizational measures for improving the performance of the labour inspectorate in relation to its objectives.

With regard to the number of persons employed in workplaces liable to inspection, the Committee notes that the tables of statistics mentioned above indicate a working population of 1,948,910 persons in 2006. However, information supplied by the Government to the ILO in 2007 in the context of a project to standardize labour inspection practices referred to a working population of 8.1 million persons. The abovementioned figure of 1,948,910 does not therefore appear to represent the total number of workers covered by labour inspection under the terms of section 3 of Act No. 90-03. The Committee would be grateful if the Government would ensure, in the light of the above information, that measures are taken by the central labour inspection authority so that reliable data on the basis of precise criteria concerning workplaces liable to inspection and the number of workers employed in them are included in future reports from the general labour inspectorate. It hopes that the Government will state in its next report the reasons for the decrease in the number of inspectors in recent years, and provide information on the measures taken or contemplated, if applicable, to reinforce staff numbers.

Articles 8 and 21(b), (c), (d), (e), (f) and (g) of the Convention, and Paragraph 9 of Recommendation No. 81. Level of detail of relevant information with regard to labour inspection activities and their results. The Committee notes from the June 2008 half-yearly activity report that the majority of inspection reports covered the services and construction sectors. However, the Committee notes that the report indicates the number of inspection visits but not the number or category of workplaces inspected. Similarly, the report does not distinguish between infringements reported and penalties imposed on those responsible in relation to the relevant legal provisions. However, it notes that, according to other sources of information available to the ILO, at the official opening of the national supervisory group for labour inspection, the general labour inspectorate was able to provide statistics on its activities and their results, clearly indicating, for certain categories, the number of bodies inspected and the number of inspections undertaken. It also supplied figures relating to infringements of certain provisions of the Labour Code and pointed out that 28 per cent of the 28,325 infringements reported were followed up by court decisions against 20 per cent of them in 2006. The general labour inspectorate therefore appears to have a sufficiently powerful statistical tool to enable it to include gradually in its annual report the detailed information required by the abovementioned clauses of Article 21, with the level of detail advocated by Paragraph 9 of Recommendation No. 81. The Committee would be grateful if the Government would supply in its next report further information on the scope of the expression "service enterprises", in respect of which the annual reports for 2007 and 2008 indicate that they have been the recipients of nearly three times more inspection visits than industrial workplaces and nearly twice more than those undertaken in the construction industry.

The Committee requests the Government to ensure that, in view of the progress made in the availability of computer applications, detailed statistics on each of the subjects covered by Article 21 of the Convention on inspection activities and their results are included in the annual report of the general labour inspectorate and that this report is communicated to the ILO within the deadlines prescribed by Article 20. It hopes that statistics on labour inspection staff disaggregated by sex and also information on any specific tasks assigned to women inspectors will also be provided.

With reference to its general observation of 2007, the Committee requests the Government to send a copy of any available court decisions which have been issued further to infringements reported by the labour inspectorate and to indicate the practical measures taken or contemplated to develop effective cooperation between the labour inspectorate and the judicial bodies. With reference to the Government’s statement in its 2004 report under Part IV of the report form, to the effect that the courts had not issued any decisions concerning the implementation of the provisions of this Convention, the Committee notes with interest the abovementioned information regarding the availability of data on the proportion of inspection reports which have given rise to court decisions.

Article 3, paragraph 2. Further duties entrusted to labour inspectors. Information available to the ILO refers to inspection activities targeting infringements of employment legislation, such as clandestine work, illegal employment of foreign workers, failure to complete formalities regarding placements, etc. The Committee would be grateful if the Government would supply further details on the manner in which it is ensured that the volume of such inspection activities does not result, given the proliferation of enterprises and industrial and commercial workplaces resulting from liberalization of the economy, in a reduction in the volume of activities to enforce the legal provisions relating to conditions of work and the protection of workers while engaged in their work. It requests the Government to describe the follow-up action taken further to reports of infringements in these areas with regard to both the employer and the workers concerned.

Article 14. Notification of cases of occupational disease. The Committee requests the Government to send a copy of the text implementing sections 68 and 69 of Act No. 83-13 of 2 July 1983 concerning industrial accidents and occupational diseases. It would also be grateful if the Government would communicate information on the manner in which labour inspectors are informed of cases of occupational disease and their role in the use of the fund whose establishment has been provided for by section 74 of the abovementioned Act to prevent the risk of occurrence of new cases.

Labour inspection and child labour. The Committee notes the information supplied by the Government under the Minimum Age Convention, 1973 (No. 138), concerning inspection activities and their results in 2006 and 2007 in the area of combating child labour. It notes that the revision of the Labour Code will enable the insertion of provisions to strengthen the relevant mechanisms. With reference to its general observation of 1999, the Committee hopes that the annual report published by the general labour inspectorate will in future contain information on their actions in this field and that the social partners and the other public or private bodies and institutions concerned with this phenomenon or which have responsibility for action in relation to it will be able to take further action or make proposals with a view to the eradication of child labour in the industrial and commercial workplaces covered by this Convention.

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

The Committee notes the information contained in the Government’s report on the developments which have occurred in the organization and functioning of the general labour inspectorate with the implementation of Decree No. 05-05 of 6 January 2005 and also on their results in practice. It notes the redistribution of its functions among the central bodies and the restructuring of the decentralized labour inspection bodies with a view to adapting to the new realities of the working environment. In particular, the Committee notes with interest the provisions of the above Decree relating to: the formulation, implementation and evaluation of annual and multi-annual training plans for labour inspection staff (section 13 respecting the functions of the training and documentation subdirectorate); the formulation and implementation of a prevention and monitoring strategy in occupational health, safety and medicine, and also the implementation of cooperation between the labour inspection services and the partners and institutions concerned in the various areas of enforcement of labour standards (section 5 respecting the functions of the directorate of occupational relations and monitoring of working conditions); the formulation of a development strategy for the computerization and compilation of statistics and the establishment of a system for the collection, processing and consolidation of all statistical information in relation to the work of labour inspectors (sections 10 and 14 respecting the functions of the administration and training directorate and the computerization and statistics subdirectorate, respectively); the establishment and updating of the register of enterprises (section 9 respecting the functions of the standardization and methodology subdirectorate); and the periodic assessment of offences reported by the labour inspectorate and the evaluation of follow-up action taken by the competent authorities (same section). With reference to its observation of 2007, the Committee also notes with interest that the wilaya labour inspectorate (the decentralized inspection body at the departmental level) is responsible for monitoring the procedures and actions instituted by the labour inspectorate in the courts and for keeping the hierarchical authority informed (section 24).

The Committee also notes the adoption of the texts implementing the above Decree, namely: the Inter-ministerial Orders of 16 August 2005 concerning the organization and territorial competence of (i) labour inspection offices, and (ii) regional labour inspectorates, and also concerning the organization of labour inspection at the wilaya level; and the Inter-ministerial Order of 18 January 2006 establishing the office structure of the general labour inspectorate.

Articles 20 and 21 of the Convention. Publication and communication of an annual inspection report. Improvements to labour inspection statistics and dissemination of other information on labour inspection activities. The Committee notes with satisfaction, further to its repeated requests, the communication by the central labour inspection authority of two reports including information on developments in the working of the labour inspection system, statistics on inspection activities relating to the subjects covered by Article 3, paragraph 1(a), of the Convention, and on their results for 2007 and the first six months of 2008. The statistics cover the enforcement of the relevant legal provisions (Article 21(d) and (e)) and also the information and advice provided to employers and workers at their request or through planned activities (Article 3, paragraph 1(b)).

The statistical summaries for inspections are disaggregated by sector of the economy (public and private), type of inspection (routine, follow-up and special) and branch of activity (agriculture, industry, construction and public works, services). Statistics of the offences reported by the labour inspectorate are disaggregated by the number of reported warnings issued and written comments.

The Committee also notes with interest that the construction sector has been the subject of particular vigilance on the part of the inspection services and that advice has been given by the inspectorate to strengthen observance of the legal provisions relating to safety and health. The reports also refer to the celebration for the fourth consecutive year of the World Day for Safety and Health at Work, organized by the National Institute for the Prevention of Occupational Risks, at the headquarters of the National Oil Well Services Company (ENSP), at the Hassi-Messaoud oilfield. Apart from communications on the management of occupational risks, particularly concerning a key aspect of the safety and health culture at the workplace, namely the principle of the use of personal protective equipment, reference was also made to the relevant ILO Conventions and Recommendations. Similarly, the World Day against Child Labour, with the participation of the ILO representative, provided an opportunity for the chief labour inspector to present occupational safety and health measures, and particularly the establishment of a national commission responsible for coordinating action by the ministerial departments concerned. The Day was celebrated by seven regional labour inspectorates (Annaba, Oran, Constantine, Batna, Taret, Ouargla and Bechar).

The Committee also notes with interest the inclusion in the reports published by the general labour inspectorate of technical, legislative and practical information for use by inspectors and employers and workers on issues related to conditions of work and the protection of workers. For example, the 2007 inspection report dealt with methods for preventing chemical hazards in industry and the role of the labour inspectorate in prosecuting breaches of the legislation respecting remuneration.

Article 7. Further training of labour inspectors, particularly through knowledge transfer (dissemination programme). The Committee notes with interest that internal further training programmes for inspectors covered a variety of subjects during the reporting period, for example the exercise of the right to organize, home work, investigation and monitoring techniques, the establishment of contracts covering the employment relationship and the organization of the prevention of occupational risks. The Committee also notes with interest that senior inspectors who attended training programmes abroad are given the task of transferring knowledge and competence thus acquired to other labour inspectors. It also notes that, in the context of its training programme, the Ministry of Labour, Employment and Social Security organized training on the treatment of psychological and social problems related to work, entitled the "SOLVE Programme".

Article 11. Improving the conditions of work of labour inspectors. The Committee also notes with interest the information in the Government’s report and the general labour inspectorate’s reports concerning the adoption of specific financial measures taken by the Government to reinforce the operational resources of the inspectorate and enhance its credibility.

Labour inspection buildings (offices and staff housing). The Committee notes the completion of buildings housing the new labour inspection headquarters in several wilaya capitals and other local inspection services (Oum El Bouaghi, Adrar, Illizi, Ouenza), and also the detailed information on the progress made on other building projects across the country, which are due to be completed in 2009. It notes that a total of 43 projects are being undertaken for the construction of new inspection headquarters, the extension and equipment of other inspection offices, and the creation of official housing for each inspectorate.

Office equipment and transport facilities. The inspection services have more than 912 computers, or one per inspector, as they are considered an essential tool for the development of management and communication methods. It should be noted that, in the context of special programmes, 15 wilayas in the High Plateau region and five wilayas in the south of the country have been the recipients of office furniture, computers and copying equipment, and also 12 vehicles, including nine four-wheel drive vehicles, out of the 128 new vehicles purchased by the general labour inspectorate in 2006 and 2007.

The Committee hopes that adequate financial resources will be allocated so that the legal and organizational measures taken will be given effect in practice and will lead to a substantial improvement in the effectiveness of labour inspection activities in accordance with the objectives of the Convention. The Committee also hopes that relevant information will continue to be supplied by the Government in its report on the application of the Convention.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s detailed report received in January 2007 and also the additional information sent at the request of the Office by a letter dated 22 March 2007.

Articles 19, 20 and 21 of the Convention. Obligation to report on labour inspection activities. The Committee notes the summary tables covering a seven-year period (2000-06) relating to trends with regard to inspection staff, workplaces inspected and workers covered by such inspections, and also statistics on inspection visits, reports of infringements, industrial accidents and occupational diseases (over a six-year period). The Government’s attention is drawn once again to the obligation of the central labour inspection authority to publish and communicate to the ILO, in conformity with Article 20 of the Convention, an annual report containing information required by each of clauses (a) to (g) of Article 21. Referring to its previous comments, the Committee invites the Government to refer to the guidance given by Part IV of the Labour Inspection Recommendation, 1947 (No. 81), with regard to the way in which the required data can be presented and disaggregated in the annual report, in order to keep social partners informed, obtain any reactions from them and have a basis for evaluating the effectiveness of the labour inspection system. Given that the activities of labour inspectors are covered by various regular reports drawn up at the respective levels of inspection offices, Wilaya inspectorates and regional labour inspectorates, the Committee considers that the central labour inspection authority should not encounter any major obstacle in the drawing up of an annual report, as prescribed by Articles 20 and 21. It hopes that the Government will therefore soon be in a position to give full effect to these provisions, ensuring that the central inspection authority publishes and communicates such a report to the ILO within the required deadline. It would be grateful if the Government would in any case supply information on all developments in this respect, including on any obstacles encountered.

Articles 10 and 16. Matching the number of active inspectors to the number of workplaces liable to inspection. Referring to the tables supplied by the Government concerning trends between 2000 and 2006 with regard to the number of workplaces liable to inspection and the number of workers employed in them, the Committee emphasizes that workplaces liable to inspection, as defined by the Convention, are industrial and commercial workplaces in respect of which legal provisions relating to conditions of work and the protection of workers while engaged in their work are enforceable by labour inspectors (Article 2, paragraph 1). One of the criteria for determining a sufficient number of labour inspectors is precisely the number, nature, importance and situation of workplaces liable to inspection. The ratio between the number of workplaces liable to inspection and the number of workplaces inspected is an indicator of both the level of coverage of needs and the adequacy or inadequacy of the number of inspectors deployed on the territory. Since the number of labour inspectors has dropped significantly over seven years (from 516 to 438) and the total number of inspection staff of all grades has dropped even more sharply (from 760 to 657), the Committee would be grateful if the Government would explain, in the light of these clarifications, the significance of the expression "workplaces liable to inspection" used in the tables supplied, inform the ILO of the reasons for the reduction in the labour inspection workforce during the abovementioned period, and provide information on measures taken or envisaged, if any, in order to strengthen it.

Articles 13, 14, 17 and 21(f) and (g). Prevention and penalties relating to safety and health at work. The Committee notes with interest the recent ratification of the Occupational Safety and Health Convention, 1981 (No. 155). It notes that, in 2003 and 2006, the number of industrial accidents reached two peaks, namely 46,399 and 46,643 respectively, and it asks the Government to give the reasons for this and to indicate the measures taken or envisaged to prevent occupational risks, particularly in the activities most exposed to risk. The Committee also asks it to indicate the proportion of inspection reports concerned with violations of legal provisions on safety and health at work and their follow-up in terms of preventive advisory, immediate and administrative measures and prosecutions. The Committee also asks the Government to indicate the preventive measures taken or contemplated with regard to the cases of occupational disease reported each year.

Article 18. Appropriate and effectively enforced sanctions. In its report received in 2004 by the ILO, the Government stated under Part IV of the Convention report form that the courts had not issued any judicial decision concerning the implementation of these provisions of the Convention. The Committee also notes that the Government has not given any reply to the request concerning the manner in which it is ensured that financial penalties applicable to violations and expressed as monetary amounts in Act No. 90/11 of 21 April 1990, as amended, retain an appropriate (i.e. deterrent) character despite monetary inflation. The Committee firmly hopes that relevant measures have been taken so that employers are not tempted to prefer to pay derisory financial penalties rather than investing in the necessary preventive measures for guaranteeing the safety and health of workers. It also hopes that the Government will not fail to send copies or extracts of judicial decisions giving effect to the penal provisions of Act No. 90/11 referred to above.

Labour inspection and child labour. The Committee asks the Government to send information on the application in practice of the legislation regarding child labour, in particular relevant statistical data and also all measures taken to combat the phenomenon in industrial and commercial activities.

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

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:

In its previous comments, the Committee noted with interest the provision of many legislative texts and practical information illustrating the substantial efforts made by the Government with a view to giving effect to a large number of the provisions of the Convention. It also requested the Government to provide details concerning the effect given in practice to certain legal provisions and to ensure that the annual inspection report required by Article 20 of the Convention on each of the subjects enumerated under Article 21 is published and communicated to the ILO within the prescribed time limits.

The Committee notes that the annual report has still not been received and that part of the information requested is missing from the Government’s report. It hopes that the central labour inspection authority will soon be in a position to fulfil its reporting obligation in accordance with the conditions as to form and substance set out in the above provisions of the Convention. It recalls the guidance provided in this respect by Part IV of Recommendation No. 81 which supplements the Convention; and, secondly, that information that is as detailed as possible will be provided in the Government’s report, for example on the number and geographical distribution of workplaces liable to inspection, as such data has to be provided under the requirements set out for inspectors in section 15 of Executive Decree No. 90-209 of 14 July 1990 to register employer entities placed under their control; the number, qualifications and geographical distribution of labour inspectors and controllers; the geographical distribution of the vehicles available to the labour inspectorate; the conditions and modalities of application of section 13 of Executive Decree No. 91-44 of 16 February 1991 respecting the granting of accommodation to labour inspectors; the modalities of implementation of section 20(2) of Decree No. 90 of 1990 respecting the use by inspection offices of the credits required for their operation, and particularly for the financing of the professional travel of inspectors and any use made of service vehicles; and the manner in which it is ensured that penalties for violations of the legal provisions enforceable by the labour inspectorate remain adequate, that is dissuasive, taking into account the substantial inflation of the currency in recent years.

Finally, the Committee would be grateful if the Government would provide information on the legislative provisions which, if any, entrust labour inspectors with the function of identifying and combating child labour, and any other relevant data.

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

In its previous comments, the Committee noted with interest the provision of many legislative texts and practical information illustrating the substantial efforts made by the Government with a view to giving effect to a large number of the provisions of the Convention. It also requested the Government to provide details concerning the effect given in practice to certain legal provisions and to ensure that the annual inspection report required by Article 20 of the Convention on each of the subjects enumerated under Article 21 is published and communicated to the ILO within the prescribed time limits.

The Committee notes that the annual report has still not been received and that part of the information requested is missing from the Government’s report. It hopes that: firstly, the central labour inspection authority will soon be in a position to fulfil its reporting obligation in accordance with the conditions as to form and substance set out in the above provisions of the Convention. It recalls the guidance provided in this respect by Part IV of Recommendation No. 81 which supplements the Convention; and, secondly, that information that is as detailed as possible will be provided in the Government’s report, for example on the number and geographical distribution of workplaces liable to inspection, as such data has to be provided under the requirements set out for inspectors in section 15 of Executive Decree No. 90-209 of 14 July 1990 to register employer entities placed under their control; the number, qualifications and geographical distribution of labour inspectors and controllers; the geographical distribution of the vehicles available to the labour inspectorate; the conditions and modalities of application of section 13 of Executive Decree No. 91-44 of 16 February 1991 respecting the granting of accommodation to labour inspectors; the modalities of implementation of section 20(2) of Decree No. 90 of 1990 respecting the use by inspection offices of the credits required for their operation, and particularly for the financing of the professional travel of inspectors and any use made of service vehicles; and the manner in which it is ensured that penalties for violations of the legal provisions enforceable by the labour inspectorate remain adequate, that is dissuasive, taking into account the substantial inflation of the currency in recent years.

Finally, the Committee would be grateful if the Government would provide information on the legislative provisions which, if any, entrust labour inspectors with the function of identifying and combating child labour, and any other relevant data.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee refers the Government to its observation and notes that the report does not reply to the Committee’s requests in its previous comments concerning the reasons for the reduction of the number of occupational accidents in recent years; statistics on establishments subject to inspection; possible specialization of men and women inspectors’ jobs. The Committee hopes that the Government will not fail to respond in its next report and that it will also provide additional information on the following points.

1. Conditions of service of inspection staff (Article 6 of the Convention). The Committee notes with interest that, according to section 13 of Executive Decree No. 91 44 issuing special regulations for labour inspectors, labour inspectors are provided with accommodation for the purposes of service. It would be grateful if the Government would indicate the instances and the number of inspectors to which this provision applies.

2. Strength of the inspection staff and resources available to them (Articles 10, 11 and 16). The Committee notes from the Government’s report that there are 71 vehicles for the 951 inspectors operating nationwide, which amounts to over 13 inspectors to each vehicle. The Committee further notes that 4,111,000 Algerian dinars (DA) are earmarked for labour inspectors’ travelling expenses, i.e. an average of 4,322 DA per year or 360 DA per month per inspector. The Government further indicates in its report, under Article 16, that inspection visits are carried out at least once a year to workplaces employing fewer than nine workers, and more frequently for medium and large establishments. The Committee notes, however, that the number of workplaces subject to inspection is given neither by the Government nor in the annual inspection report for 1998 99. The Committee points out that this information is essential to an evaluation of how efficient the inspection services are in the light of the requirements. With reference to the criteria for determining the size of the labour inspectorate listed in Article 10, the Committee would be grateful if the Government would state the number of establishments liable to inspection and give particulars of arrangements for the use of transport to carry out inspection visits.

The Committee further recalls that, according to Article 11, paragraph 1(b), the competent authority must make the necessary arrangements to supply labour inspectors with the transport facilities they need for the performance of their duties where suitable public facilities do not exist and that, according to paragraph 2 of the same Article, arrangements must also be made to reimburse labour inspectors any travelling and incidental expenses which may be necessary for the performance of their duties. The Committee asks the Government to indicate the arrangements for using the overall allocation earmarked for the inspection service to cover the occupational travel costs of each inspector.

3. Sufficiently dissuasive sanctions (Article 18). According to section 24 of Act No. 90-03 of 6 February 1990, the penalty for obstructing a labour inspector in carrying out his duties or persons assisting him is a fine of from 2,000 to 4,000 DA. The value of these amounts having been eroded significantly by the currency devaluations of the last decade, they are no longer sufficiently dissuasive to instil greater respect for the labour inspectorate in employers, and in some cases are negligible by comparison with the amount that would have to be spent to fulfil the labour inspector’s prescriptions. This also applies to the fines established by sections 37 et seq. of Act No. 88-07 of 26 January 1988 for breaches of the health and safety prescriptions which can have particularly serious consequences at both individual and social level. The Committee expresses the firm hope that measures will soon be taken to review the amount of the abovementioned pecuniary sanctions so as to adapt them to present economic circumstances as a means of ensuring respect for labour inspectors in the performance of their duties and the prescriptions which they supervise.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the Government’s report. It also notes with interest, firstly, the information in the document on the development of the human resources of the labour inspectorate describing training activities for a large number of labour inspectors and inspection services officials, in particular by means of seminars and computing courses, and by the acquisition and duplication of specialists works, as well as through Franco-Algerian bilateral cooperation; and, secondly, the legislative texts which have been communicated (in particular, Act No. 90-03 of 6 February 1990 as amended and supplemented by Order No. 96-11 of 10 June 1996 concerning labour inspection, which gives effect to Articles 3, paragraphs 1(a), (b) and (c); 12; 13; 15; 17; and 18 of the Convention; Executive Decree No. 90-209 of 14 July 1990 concerning the structure and functioning of the general labour inspectorate, which gives effect to Articles 4; 5(a); 19; Executive Decree No. 91-44 of 16 February 1991 concerning the particular status applicable to labour inspectors, which gives effect to Articles 3, paragraph 1(a), (b) and (c); 5(b); 6; 7; 12; 13; and 15; Executive Decree No. 93-120 of 15 May 1993 concerning the structure of occupational medicine, which gives effect to Articles 9, 12, paragraph 1, and 13; and Act No. 83-1983 as amended and supplemented by Order No. 96-19 of 6 July 1996 concerning occupational accidents and diseases, which gives effect to Article 14).

2. Noting that the annual inspection report has not been communicated, the Committee asks the Government to take the necessary steps to ensure that in future an annual report on the activities of the inspection services containing up to date information on each of the subjects enumerated under subparagraphs (a) to (g) of Article 21 is published and communicated to the ILO within the time limits prescribed by Article 20.

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

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference also to its observation under the Convention, and noting the body of information transmitted on the development of the application of the Convention, the Committee requests the Government to supply additional details on the following points.

1. Statistics of establishments liable to inspection and the number of workers employed therein. The Committee takes notes of the information concerning the subjects covered by the Convention and its presentation according to public or private sector, in particular concerning the distribution of the workers concerned, the statistics of inspected establishments as well as the number and distribution of workers covered by the inspection visits. The Committee wishes to draw the Government's attention to the need also for overall statistics of establishments liable to labour inspection as well as on the number of workers employed therein. This information can yield a fuller appreciation of the degree to which the Convention is applied in the light of needs. Consequently, the Committee requests the Government to take appropriate measures so that in future this information will also be provided, in compliance with Article 21(c) of the Convention.

2. Special duties assigned to men and women inspectors. The Committee notes a reduction in the number of women on the labour inspection staff over the last three years, in particular at the higher levels of the labour inspection. There are effectively no longer any posts as regional or divisional inspectors filled by women, and of the ten women principal inspectors working in 1996, only nine remain. Noting further that in 1995, the budget covered 1,021 labour inspection posts, and that in 1998, only 971 posts were filled, a drop of 50 posts, the Committee would be grateful if the Government would indicate whether this difference is due to budgetary restrictions or, if not, to supply information on the reasons for the difficulties in filling the required posts and the manner in which effect is given to Article 8, which provides, where necessary, that special duties may be assigned to men and women inspectors.

Prevention of occupational diseases. Noting the statistics of occupational diseases and referring to those provided with an earlier report, the Committee observes a substantial, progressive reduction in cases of occupational diseases recorded between 1995 and 1998 (629 and 249 cases respectively). With reference to an earlier Government report listing research into the causes of cases of occupational diseases detected in certain occupations, and the means of preventing them, as a priority activity on the labour inspectors' programme, the Committee would be grateful if the Government would supply information on measures implemented since 1994 in this regard, together with all other information allowing an understanding of the development of statistics of occupational diseases.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with interest the information supplied by the Government on the legislative measures adopted in 1998 and 1999, the application of which is under the supervision of the labour inspection, as well as the updated detailed statistical information for the same period in respect of the application of Article 3, paragraph 1(a) and (b) and of Articles 8, 10 and 16 of the Convention and on the points listed under Article 21(b) to (g). It requests the Government to continue regularly to transmit such information, which is a key instrument in appreciating progress achieved in the application of the Convention.

In this connection, the Committee notes with interest the considerable reduction in occupational accidents (20,970, of which 188 were fatal, in 1998, against 61,463 of which 530 were fatal, in 1995) as well as the proportion of official notices served by the labour inspectors in the private sector (54.8 per cent in 1998 against 78.94 per cent in 1996) as compared with the statistics supplied by the Government in its earlier reports. This information suggests that the labour inspection services are becoming more efficient and is particularly encouraging in the context of an economy in transition towards liberalism and the increase in the number of private sector undertakings. The Committee would be grateful if the Government would transmit, with its next report, any observations it may think fit on the factors making such results possible.

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

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with satisfaction the Government's reports containing information in reply to its earlier comments and the abundant documentation provided with these reports.

1. The Committee notes that the annual inspection reports are published in the form required under the terms of Article 20 of the Convention and contain the elements referred to in Article 21 of the said Convention and detailed in accordance with the guidelines given in Part IV of the Labour Inspection Recommendation, 1947 (No. 81). The Committee hopes that the Government will continue to provide the Office with annual inspection reports on a regular basis.

2. The Committee also notes with interest the efforts made by the Government to strengthen the powers and resources of the labour inspection services. It notes that section 2 of Ordinance No. 96.11 of 10 June 1996 amending and supplementing Act No. 90.03 of 6 February 1990 increases the investigative powers of inspectors by giving them access, through the employer, at the headquarters of the employers' organization or at the workplace, to all information on legislation and regulations relating to labour and the conditions under which work is performed. The Committee furthermore notes that Executive Decree No. 96.98 of 6 March 1996 provides for the inclusion of reports on occupational accidents and diseases in the special registers which employers are required to keep (sections 10, 12, 15 and 16), and that these registers are available to the labour inspector when checks are carried out, even when the employer is absent (section 13). The Committee hopes that these legislative provisions will promote the development of strategies for preventing occupational hazards by improving knowledge of the causes and circumstances of occupational accidents and diseases.

3. Lastly, noting with interest the information provided on the increase in the means of transport and facilities available to the labour inspection services, the Committee hopes that the Government will continue to maintain the effectiveness of the latter by providing the resources and facilities needed to accomplish their task and that it will provide the Office with information on any progress made in this regard.

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

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 2, paragraph 2, of the Convention. Please indicate whether national laws or regulations exempt mining or transport undertakings from the application of the Convention.

Article 3, paragraph 2. Please indicate what measures have been taken in practice to ensure that the conciliation functions given to labour inspectors (for example, under sections 2 and 13 of Act No. 90-03, sections 6-9 of Act No. 90-02, and sections 45 and 58 of Act No. 90-14) do not interfere with the effective discharge of their functions defined in Article 3, paragraph 1.

Article 5. Please provide examples of arrangements made in practice to promote cooperation and collaboration as required by this Article.

Article 8. Please indicate whether both men and women are eligible for appointment to the inspection staff and how their numbers are represented in the current composition of the staff.

Article 10. Please indicate whether the numbers of labour inspectors fixed under section 22 of Decree No. 90-209 is regarded as sufficient in the terms of this Article.

Article 11. Please describe in greater detail the measures referred to in the report to furnish labour inspectors with suitably equipped and accessible local offices and necessary transport facilities.

Article 12(1)(c)(iii). Please indicate under what provision inspectors may enforce the posting of notices required by legal provisions.

Article 13, paragraph 2(b). Please indicate whether, in practice, the wali is empowered to take measures with immediate executory force under section 11 of Act No. 90-03.

Article 16. Please indicate what measures have been taken in practice to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Article 19. Please provide information on the practice with respect to reports made periodically by labour inspectors and local inspection offices to the central inspection authorities, and if possible supply samples.

Articles 20 and 21. The Committee notes that no annual report on the activities of the inspection service has been sent. It hopes that measures will be taken to ensure that such a report with all the information required by the Convention will soon be sent to the International Labour Office.

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

The Committee notes the information provided by the Government including the several legislative instruments introduced during the period covered by the report. The Committee would be grateful if additional information were provided with regard to the following matters:

Article 2, paragraph 2, of the Convention. Please indicate whether national laws or regulations exempt mining or transport undertakings from the application of the Convention.

Article 3, paragraph 2. Please indicate what measures have been taken in practice to ensure that the conciliation functions given to labour inspectors (for example, under sections 2 and 13 of Act No. 90-03, sections 6-9 of Act No. 90-02, and sections 45 and 58 of Act No. 90-14) do not interfere with the effective discharge of their functions defined in Article 3, paragraph 1.

Article 5. Please provide examples of arrangements made in practice to promote cooperation and collaboration as required by this Article.

Article 8. Please indicate whether both men and women are eligible for appointment to the inspection staff and how their numbers are represented in the current composition of the staff.

Article 10. Please indicate whether the numbers of labour inspectors fixed under section 22 of Decree No. 90-209 is regarded as sufficient in the terms of this Article.

Article 11. Please describe in greater detail the measures referred to in the report to furnish labour inspectors with suitably equipped and accessible local offices and necessary transport facilities.

Article 12(1)(c)(iii). Please indicate under what provision inspectors may enforce the posting of notices required by legal provisions.

Article 13, paragraph 2(b). Please indicate whether, in practice, the wali is empowered to take measures with immediate executory force under section 11 of Act No. 90-03.

Article 16. Please indicate what measures have been taken in practice to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Article 19. Please provide information on the practice with respect to reports made periodically by labour inspectors and local inspection offices to the central inspection authorities, and if possible supply samples.

Articles 20 and 21. The Committee notes that no annual report on the activities of the inspection service has been sent. It hopes that measures will be taken to ensure that such a report with all the information required by the Convention will soon be sent to the International Labour Office.

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

The Committee notes with interest the information supplied by the Government in reply to its direct request concerning the application of Article 16 of the Convention.

Articles 20 and 21. The Committee notes the statistics contained in the Government's report and the tables attached to it. This data concerns the staff of the labour inspection services, inspection visits, violations and penalties imposed, and industrial accidents and occupational diseases. The Committee trusts that the Government will take, in future, the necessary steps for general information on the work of the inspection services and statistics on all the subjects enumerated in Article 21 of the Convention to be published in an annual inspection report and for these reports to be transmitted to the ILO within the time-limits established in Article 20.