Observación (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

The Committee notes the Government’s reports received in May and August 2005. It notes the discussion that took place in the Conference Committee on the Application of Standards in June 2005 and that Committee’s conclusions, and a communication from the National Trade Union Bloc (BNS) received in September 2005.

1. Legislation. The Committee notes the Government’s useful clarifications regarding the legislation governing the organization and operation of the labour inspectorate. It notes that, according to the BNS, a draft amendment to Act No. 108 of 1999 on the establishment and organization of the labour inspectorate was to be submitted to the trade union organizations in October 2005 and that draft conditions of service of labour inspectors were to be submitted to the social partners. The Committee requests the Government to continue to provide information on any new legislative or regulatory measures affecting the application of the Convention (Part I of the report form).

2. Training of labour inspectors. The Committee notes the information on the training activities conducted by the Centre for the Training and Further Training of Labour Inspectors and in the context of a project to strengthen the inspectorate’s institutional capacity, being carried out in partnership with the Spanish Ministry of Labour and Social Affairs. It notes that the BNS reports other technical cooperation activities with the Governments of France and Sweden in the area of the training of trainers. The Committee requests the Government to continue to provide information on the nature and volume of the arrangements for the initial training and subsequent training of labour inspectors (Article 7 of the Convention).

3. Sanctions. The Committee notes the information on the trends in the number and severity of penalties applied for breaches of the labour legislation. It notes that in the view of the BNS, the penalties established in the revised Labour Code in consultation with the social partners are such as to deter employers from infringing the rights of workers. The Committee requests the Government to continue to provide information on the measures taken to ensure that the penalties remain dissuasive (Article 18 of the Convention).

4. Publication of an annual report. The Committee notes the detailed and useful information contained in the labour inspection report for 2003. It requests the Government to specify whether this yearly report is published in accordance with Article 20, paragraph 2, of the Convention. It invites the Government to ensure that such an annual report is communicated regularly to the ILO within the prescribed time limits and that it contains all the requisite information, including statistics of occupational diseases as prescribed by Article 21(f) of the Convention.