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

Labour Inspection Convention, 1947 (No. 81) - Aruba

Other comments on C081

Direct Request

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Article 3 of the Convention. Additional duties entrusted to labour inspectors related to immigration. The Committee notes that, according to the Government’s information in its report, labour inspectors work with the Police, the Department of Immigration and Alien Affairs (Dimas) and the Coast Guard (Guarda Nos Costa), in order to tackle the negative impact on the labour market caused by the influx of Venezuelan nationals fleeing the crisis in their country. The Committee recalls that, in accordance with Article 3(2) of the Convention, the function of the system of labour inspection is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. In its 2006 General Survey, Labour inspection, paragraph 77, the Committee indicates that the Convention does not contain any provision suggesting that any worker be excluded from the protection afforded by labour inspection on account of their irregular employment status. The Committee requests the Government to take the necessary measures to ensure that the duties entrusted to labour inspectors do not interfere with the fundamental objective of securing the protection of workers in accordance with the primary duties set out in Article 3(1) of the Convention. It also requests the Government to provide further information on the number of cases in which labour inspectors played any role in the investigation or prosecution of migrant workers, the number of cases in which sanctions were imposed, the violations concerned and the specific sanctions imposed, including expulsion.

Articles 4, 5(a) and (b). Arrangements to promote coordination, cooperation and collaboration. The Committee previously noted that labour inspection services were under the responsibility of several ministries and departments. The Committee notes the indication in the Government’s report that labour inspectors are working in team with the Department of Public Health, the Dimas and the Police on combatting human trafficking and human smuggling. Moreover, the Government indicates that the Department of Public Health and the Technical Inspection Department are the authorities in charge of the health and safety of workers. When labour inspectors find dangerous working conditions, they communicate the findings to the corresponding authority for further action. In general, labour inspectors define their priorities by determining the opportunity and impact on the labour market of a particular occurrence in a specific sector. The Committee takes note of this information, which addresses its previous request.

Articles 13(1) and (2), 17 and 18. Powers of injunction of labour inspectors, legal proceedings and adequate penalties. The Committee previously noted that provisions of the State Ordinance Administrative Enforcement Act of 2013 concerning the imposition of fines and the suspension of work refer to the powers of the Minister of Labour and not to those of labour inspectors.

The Committee notes the Government’s indication that this authority has been mandated to the Director of the Department of Labour. In practice, as regards the imposition of fines, the labour inspectors firstly submit the official inspection reports internally for procedural and legal review. Fines may be issued later to the employer concerned. The Government indicates that considering the small-scale community of Aruba, in order to safeguard the safety of labour inspectors in the field, it is desirable to avoid any potential aggressive confrontation. The Government thus determines that it is not prudent to give each individual inspector the authority to impose fines in situ. The Government also indicates that the suspension of work may be invoked in case of violation of provisions regarding working hours, prohibition of child labour and labour performed by youth. Regarding safety and health at work, the competent authorities may impose fines in case of non-compliance and order the suspension of work in case of immediate danger to people, according to sections 2(3) and 5 of the Safety Ordinance. The Committee takes note of this information, which addresses its previous request.

Articles 20 and 21. The Committee notes that no annual inspection reports have been received by the Office since 2012. The Committee urges the Government to take the necessary measures to ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g).