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

Repetition

Article 3(1) and Articles 10, 11, 16 and 24 of the Convention. Labour inspection staff, material means of the labour inspectorate and labour inspections. In its previous comment, the Committee had noted the Government’s indication that the number of inspection staff was insufficient. The Committee notes that the Government states in its report that no vehicles are made available to labour inspectors, and that the economic crisis that began at the end of 2015 has seriously slowed activity in the country. It notes the Government’s statement that the National Development Plan (NDP) currently under way is intended to remedy that situation.The Committee requests the Government to pursue its efforts to ensure that the number of labour inspectors is sufficient to allow enterprises to be inspected as often and as carefully as is necessary to guarantee effective application of the relevant legal provisions. It also requests the Government to provide information on the number of labour inspectors and of inspection visits made over the previous three years. Furthermore, the Committee requests the Government to provide information on all measures adopted or envisaged to make available to labour inspectors the transport facilities necessary for the performance of their duties where suitable public facilities do not exist, in conformity with Article 11(1)(b) of the Convention.

Article 3(2). Duties entrusted to labour inspectors for the settlement of labour disputes. The Committee had previously noted the Government’s indication that the labour inspection services spent more time and resources on conciliation than on the acquittal of their primary duties, and it had requested that the Government ensure that labour inspectors were relieved, in law and practice, of the conciliation duties entrusted to them. The Committee notes that the Government has not replied to its previous request and recalls that the time spent by inspectors on conciliation may be detrimental to the performance of their primary duties, as defined in Article 3(1)of the Convention, particularly in a context where resources are limited. Further, the Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), stating that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour dispute.The Committee requests the Government to indicate the measures taken or envisaged to ensure that, in accordance with Article 3(2) of the Convention, additional functions entrusted to labour inspectors do not interfere with the effective discharge of their primary duties and to provide information on all progress thereon.

Article 5(a). Effective cooperation between the inspection services and the judiciary. The Committee had previously noted section 485 of the Labour Code, under which labour inspectors are to be kept informed of the judicial follow-up accorded to infringement reports, and had requested the Government to take the necessary measures to give effect in practice to that section.The Committee requests the Government to provide information on the measures adopted or envisaged to promote effective cooperation between the judiciary and the inspection services, with a view to improving the results of the latter, including the measures taken to ensure that the labour inspectorate is notified of the outcome of procedures. The Committee notes the absence of information in that connection and also requests the Government to provide information on the measures taken to apply section 485(3) of the Labour Code in practice.

Article 6. Status of labour inspectors. In its previous comments, the Committee had requested the Government to take the necessary steps to ensure issuance of the decree setting the specific conditions of service of labour inspectors and controllers, as set out in section 471 of the Labour Code. The Committee notes with concern the Government’s reply to the effect that the specific conditions of service of labour inspectors and controllers are still not available.Recalling that Article 6 of the Convention provides that the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences, the Committee requests the Government to indicate the measures taken or envisaged in that connection, including the adoption of specific conditions of service for labour inspectors and controllers, as provided in section 471 of the Labour Code, and to send the relevant information to the Committee.

Article 7(3). Appropriate training of labour inspectors. The Committee notes that, in response to its previous request regarding the need for labour inspectors regularly to receive adequate training during their employment for the performance of their duties, the Government indicates that training for inspectors and controllers is needed by the country.Taking note of the Government’s request for technical assistance in training, the Committee firmly hopes that the Office will provide such technical assistance in the very near future. The Committee requests the Government to provide details of the training provided to labour inspectors, including its frequency, the number of participants, and the results obtained.

Articles 19, 20 and 21. Periodical reports and annual reports by the central authority on the work of the labour inspection services. In its previous comment, the Committee noted the Government’s indication that the labour inspection services were required to submit an activity report at the end of each year.The Committee notes that no information has been provided in this connection and requests the Government to pursue its efforts to enter into conformity with Article 20 of the Convention and regularly draw up, publish and submit to the ILO copies of the annual labour inspection reports.