Solicitud directa (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

The Committee notes the information provided in the Government's latest report. The Government is requested to provide further information on the following points:

Article 1 of the Convention. In its previous comments, the Committee noted the indication in the Government's report that the exclusion of domestic workers from the application of the Labour Code only referred to persons undertaking manual work for the owner of a house, such as cooks, governesses, maids, etc. It requested the Government to keep the Office informed of any changes made in the legislation which would ensure the application of the Convention to domestic workers. In its latest report, the Government indicates that the exclusion of domestic workers is in conformity with paragraph 2 of this Article of the Convention. The Government is requested to indicate the manner in which the representative workers' and employers' organizations concerned were consulted with respect to the exclusion of domestic workers from the application of the Convention, in accordance with Article 1, paragraph 2.

Article 5, paragraph 4. In its previous comments, the Committee recalled that this Article of the Convention provided that employer and worker representatives should have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of the Convention. It noted that while the inspector may deny this opportunity if he or she considers, in light of the general instructions of the competent authority, that this may be prejudicial to the performance of his or her duties, the general principle embodied in this provision is that representatives of the employer and of the workers should have the opportunity to accompany inspectors. In its latest report, the Government indicates that it is considered preferable that inspectors have the right to carry out inspections without informing the employer. The Committee once again would recall that this provision of the Convention, however, provides that workers' representatives and employers' representatives should generally have the opportunity to accompany inspectors, while the inspector may not provide them this opportunity if considered prejudicial to the performance of his or her duties. It hopes that the Government will take the necessary measures to ensure the application of this provision of the Convention.

Article 6, paragraph 2. The Committee notes the indication in the Government's latest report that a subcontractor must ensure the same treatment for workers of the principal employer as if they were his or her own workers and that the subcontractor and principal employer are jointly responsible. The Committee would once again recall that this provision of the Convention, however, more broadly calls for employers undertaking activities simultaneously at one workplace to collaborate overall in respect of the measures prescribed in pursuance of the Convention in order to ensure the greatest coherence at the workplace with respect to occupational safety and health. The Government is requested to indicate any measures taken or envisaged in this regard.

Article 8, paragraphs 1 and 3. The Committee notes the indication in the Government's report that its previous comments concerning the application of this Article with respect to noise and vibration have been brought to the attention of the tripartite commission responsible for elaborating a draft Labour Code. The Government is requested to indicate the progress made in establishing criteria for determining the hazards of exposure to vibration and in revising the exposure limits with respect to noise in the light of current national and international knowledge and data.

Article 9. In its previous comments, the Committee noted the indication in the Government's report that the law concerning authorization for the use of equipment and installations set forth the general specifications for new enterprises and the specifications for each activity. In its latest report, the Government has indicated that it will send copies of the relevant legislation as soon as it arrives from the competent service. The Committee hopes that a copy of the texts of the above-mentioned legislation will be communicated with the Government's next report.