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Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85) - Montserrat

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

Previous comment

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures to take follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments. Noting an absence of information in this respect, the Committee encourages once again the Government to follow-up to the Governing Body’s decision approving the recommendations of the SRM Tripartite Working Group and to consider taking the necessary steps towards extending the application of Convention No. 81, as the most up-to-date instrument in this subject area, to Montserrat. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Article 4(2)(a) of the Convention. Inspections without previous notice. Legislation. Further to its previous comments, the Committee notes the Government’s indication that the Labour Code (Amendment) Act 2021, came into effect on 30 June 2021. The Committee notes with interest that section 8(2)(g) of the Labour Code has been amended by providing that inspectors may enter at any hour of the day or night any workplace liable inspection. In addition, the Committee notes with interest that the Labour Code (Amendment) Act 2021 removes the requirement of obtaining a search warrant issued by a judge of the Magistrate in order for inspectors to be able to enter a workplace. However, the Committee notes that section 8 of the Labour Code still seems to provide that inspections may be conducted only after the notification of the individual employer. In this respect, the Committee recalls that Article 4(2)(a) of the Convention empowers labour inspectors to make visits to workplaces liable to inspection without previous notice. While noting these positive amendments, the Committee requests the Government to ensure that labour inspectors are empowered, in law and practice, to enter freely and without prior notice any workplace liable to inspection.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020). It welcomes the Government’s indication that the Inspectorate of the Labour Department is part a wider team that inspects and monitors workplaces and public places to ensure adherence to the health, safety and general protection rules and guidelines related to the COVID-19 pandemic.

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures to take follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments. The Committee encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider taking the necessary steps towards extending the application of Convention No. 81, as the most up-to-date instrument in this subject area, to Montserrat. It requests the Government to provide information in its next report on any measures taken or envisaged in this respect. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Article 4(2)(a) of the Convention. Right of labour inspectors to freely enter workplaces liable to inspection. The Committee previously noted that the Labour Code requires labour inspectors to obtain either the consent of the employer to enter a workplace liable to inspection (section 8(1)(g)) or a search warrant issued by a judge of the Magistrate (section 8(2)(a)) to be able to enter a workplace, and limits the conduct of labour inspection visits in workplaces to working hours (section 8(1)(g)). The Committee further noted that Article 4(2)(a) of the Convention empowers labour inspectors to enter and inspect freely and without previous notice at any hour of the day or night any workplace liable to inspection, or by day any premises which they may have reasonable cause to believe to be liable to inspection.

The Committee notes that, in reply to its previous comments, the Government indicates in its report that the Labour Code of 2012 is on the legislative agenda for amendments and that all measures will be taken to ensure that full effect is given in law and practice to the principles of the Convention, including granting labour inspectors free entry and full powers of control and inspection in conformity with Article 4. Welcoming these indications, the Committee requests the Government to continue to provide information on the measures taken, including through the amendment of the Labour Code, to ensure that labour inspectors are empowered to freely enter and without previous notice at any hour of the day or night any workplace liable to inspection, and to provide a copy of amended Labour Code provisions when available.

[The Government is asked to reply in full to the present comments in 2022.]

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

Article 2 of the Convention. Training of labour inspectors. The Committee notes that the Government indicates in its report, in reply to the Government’s previous request to provide information on training of officials working in the labour inspection services, that training is provided in the framework of regional training activities, including by way of detachment to the Department of Labour in Barbados. The Government adds that training is also provided through online training courses. The Committee takes note of this information.

Article 4. Free entry of labour inspectors to workplaces liable to inspection and timing of inspections. The Committee notes the Government’s indication that section 8 of the 2012 Labour Code gives effect to the abovementioned Article of the Convention. In this regard, the Government indicates that the Labour Commissioner may delegate his or her powers under section 8(2)(a), (b) and (c), and that in practice, the Labour Commissioner, the labour officer and the labour inspector currently working at the Department of Labour undertake labour inspections.

However, the Committee observes that the principle of free entry to workplaces of the Convention was not transposed into the Labour Code, as this law requires labour inspectors to obtain, either the consent of the employer to enter a workplace liable to inspection (section 8(1)(g)) or a search warrant issued by a judge of the Magistrate (section 8(2)(a)) to be able to enter a workplace. Moreover, the Committee notes that section 8(1)(g) limits the conduct of labour inspection visits in workplaces to working hours, while Article 4(2)(a) empowers labour inspectors to enter and inspect freely and without previous notice at any hour of the day or night any workplace liable to inspection, or by day any premises which they may have reasonable cause to believe to be liable to inspection. The Committee requests that the Government take measures to ensure that full effect is given in law and practice to the abovementioned principles in the Convention, including granting labour inspectors free entry and full powers of control and inspection in conformity with Article 4 of the Convention. The Committee also requests that the Government provide information on any legislative steps taken in this regard so as to bring the national legislation into conformity with the Convention.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
The Committee notes the information supplied by the Government on the application of the Convention in law, particularly the provisions of the Labour Act, as amended at 1 July 2002. It requests the Government to continue to supply up-to-date information on the application of the Convention in law, including any relevant new text, and also in practice. In this regard, the Committee requests the Government to indicate whether, as required by Article 2 of the Convention, training is given to officials working in the labour inspection services and to supply information in reply to the following points contained in the report form.
Competent authority. Please state to what authority or authorities the application of the abovementioned legislation and administrative regulations, etc., is entrusted, and by what methods application is supervised and enforced. In particular, please supply information on the organization and working of inspection.
Judicial decisions. Please state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.
Application in practice. Please give a general appreciation of the manner in which the Convention is applied in your country, including, for instance, extracts from official reports, information on the number and nature of infringements recorded, and any other information concerning the practical application of the Convention.

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

The Committee notes the information supplied by the Government on the application of the Convention in law, particularly the provisions of the Labour Act, the text of which as amended at 1 July 2002 is available on the Internet. It would be grateful if the Government would continue to supply up-to-date information on the application of the Convention in law, including any relevant new text, and also in practice. In this regard, the Committee requests the Government to indicate whether, as required by Article 2 of the Convention, training is given to officials working in the labour inspection services and to supply information in reply to the following points contained in the report form.

Part III of the report form. Please state to what authority or authorities the application of the abovementioned legislation and administrative regulations, etc., is entrusted, and by what methods application is supervised and enforced. In particular, please supply information on the organization and working of inspection.

Part IV. Please state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.

Part V. Please give a general appreciation of the manner in which the Convention is applied in your country, including, for instance, extracts from official reports, information on the number and nature of infringements recorded, and any other information concerning the practical application of the Convention.