Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

Referring also to its observation, the Committee notes the information provided by the Government in response to its previous direct request and draws the Government’s attention to the following points.

1. Extent of the right to enter workplaces freely. By limiting labour inspectors’ right to enter workplaces freely to the hours of work of the establishments liable to inspection, section 163 of the Labour Code is not giving full effect to Article 12, paragraph 1(a), by virtue of which this right should be extended to any hour of the day or night in such establishments. The Committee therefore asks the Government to take measures to ensure that its legislation is consistent with the Convention in this respect.

2. Frequency of inspection visits and prosecution of violations. The Committee notes that, according to the statistical data provided by the Government, 405 out of 4,424 establishments liable to labour inspection were visited by the labour inspectorate in 2003, and that out of 842 reported violations, only 23 gave rise to observations and warnings, 11 to formal notices and seven to immediate measures, with no sentences being pronounced. These figures appear to demonstrate the limited capacity of inspectors to exercise the prerogatives and powers which are handed down to them by law to ensure the respect of the legal provisions for which they are responsible, whether it be to issue orders to this effect or to initiate legal proceedings against those who have committed a violation. The Committee would be grateful if the Government would give its point of view on the matter and communicate information on the manner in which it envisages remedying a situation that can only lead to the deterioration of working conditions while seriously undermining the credibility of labour inspection in general.