Solicitud directa (CEACR) - Adopción: 2014, Publicación: 104ª reunión CIT (2015)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) - Indonesia (Ratificación : 2004)

Otros comentarios sobre C081

Observación

Solicitud directa

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Articles 1, 4, 10 and 11 of the Convention. Impact of decentralization on the effective functioning of the labour inspection system. 1. Structure and coordination of the labour inspection system. The Committee notes from the Government’s report that the Government has pursued its efforts to mitigate the difficulties that resulted from the decentralization of the labour inspection system. It notes the Government’s statement that in order to optimize the implementation of labour inspection, it has undertaken a number of measures, including the issuance of a Joint Regulation between the Minister of Manpower and Transmigration and the Minister of Home Affairs concerning the optimization of labour inspection at the provincial and district/city levels. The Government also indicates that, in order to improve coordination of labour inspection, the central and regional levels of Government conduct national labour inspection coordination meetings and regional labour inspection coordination meetings annually. In addition, in an effort to ensure the optimal implementation of inspection functions at the regional level, the Minister of Manpower and Transmigration has communicated with the Minister for State Apparatus Reforms concerning the need for labour inspection offices to be placed throughout the country. The Committee further notes that the Director General of the Labour Inspectorate is developing an Information Network System, pursuant to the Decree of the Minister of Manpower and Transmigration No. 15 of 2011 concerning the Labour Inspector Information Network. With reference to its previous comments, the Committee requests that the Government provide further information on the measures taken to strengthen the capacity of the central authority to ensure harmonized, coordinated and integrated law enforcement throughout the country and to indicate any further measures taken to ensure that the central authority may effectively supervise the functioning of the labour inspection system, including circulars on inspection policies, model inspection and report forms as well as instructions on methods of inspection. It requests further information on the annual labour inspection coordination meetings, including the issues discussed and the impact of any decisions taken. In addition, the Committee requests that the Government continue to provide information on the establishment of the Labour Inspector Information Network system, and the impact of this system, once established.

2. Number of labour inspectors and material means placed at their disposal. The Committee previously noted that one of the results of the decentralization of the labour inspection system was the unequal allocation of financial resources among local labour inspection services. However, the Committee noted that pursuant to sections 4 and 16 of Presidential Decree No. 21 of 2010, facilities and infrastructure shall be ensured for the local labour inspection units and a plan on the needs of the labour inspection shall be elaborated annually by the Minister of Manpower and Transmigration and it requested information on the implementation of these provisions in practice.

The Committee notes the Government’s indication in the present report that, with respect to budgetary allocations, the central government distributes the budget to the provincial and district/city levels of government in the regional budget or national budget, pursuant to Presidential Decree No. 7 of 2008. The Government indicates that pursuant to Decree No. 19 of 2010 of the Minister for State Apparatus Reform concerning the functional position of Labour Inspection Officers, funding for 200 officers at the national level is assigned. At the district/city level, funding for 40 monitoring officers is assigned, and funding for 30 officers at the provincial level. The Committee observes in this regard, the significant variation in the population of provinces, from less than 1 million persons to more than 43 million in the most populated provinces. The Committee further notes the Government’s statement that the distribution of labour inspection officers is adapted to the level of industry in each area. The Government indicates that, in addition to funds from the national budget, the regional government also allocates funds to labour inspections offices, including to provide support for facilities and transportation. The Government also indicates that communication has been undertaken with all regional leaders at the provincial and district/city levels as well as with the Directorate General of Regional Autonomy on the importance of not transferring labour inspection officers to posts besides the monitoring position to which they are assigned. Observing the significant variation in the population of the provinces, and between administrative districts at the district/city levels, the Committee requests that the Government provide further information on how it ensures that labour inspectors are appointed in sufficient numbers at all levels (national, provincial and district/city), including the manner in which the number of enterprises in a region, and the number workers employed therein, is taken into account when calculating budgetary allocations. Taking note of the Government’s indication on the number of labour inspection positions assigned in the central budget, the Committee requests the Government to provide information on the total number of labour inspectors (men and women) and their geographical distribution at national, provincial and district/city levels, and to provide further information on the allocation of resources to labour inspection offices by the provincial and city/district levels of government. The Committee also requests the Government to provide information on any measures taken or envisaged to improve the material conditions of work of labour inspectors in terms of offices, equipment and transport facilities, as prescribed by Article 11 of the Convention.

Article 5(b). Collaboration of the labour inspection with employers and workers and their organizations. The Committee notes the adoption of the Regulation of the Minister of Manpower and Transmigration concerning the Labour Inspection Committee in April 2012, which establishes a Committee to provide input to the Minister regarding the formulation and determination of labour inspection policy. Section 9 of the Regulation provides that the Labour Inspection Committee shall consist of representatives of the Government and from employers’ and workers’ organizations. The Committee requests that the Government provide information on the functioning of the Labour Inspection Committee, including the frequency of its meetings, the issues discussed and the impact of its activities.

Article 7. Recruitment and training of labour inspectors. The Committee previously noted that pursuant to sections 14, 15 and 17 of Presidential Decree No. 21 of 2010, labour inspectors shall have competence and independence, shall be appointed in accordance with the applicable laws and regulations, and shall receive initial and subsequent training. It also noted the Government’s indication that serious efforts had been made to increase the number of labour inspectors and provide them with training.

The Committee notes the Government’s statement in the present report that the central Government has the authority to recruit, assign, educate and train labour inspection officers. The Government indicates that the central Government is engaged in capacity building for labour inspection officers, including through technical guidance and mentoring. In order to increase the number of labour inspectors, each year the Government allocates a budget for basic training for a minimum of 60 persons, as well as training on occupational safety and health (OSH) for an additional 60 persons. The Government has also carried out activities within the Strategic Plan of the Ministry of Manpower and Transmigration of 2010–14 to improve the quality of inspection in specific areas, including OSH, child labour, and social security. The Committee further notes that training was also carried out in collaboration with the ILO, with training provided to senior labour inspectors to prepare them for training newly recruited officers. The Committee urges the Government to pursue its efforts to provide adequate training to labour inspectors in the country to enable them perform their duties efficiently and independently. It asks the Government to continue to provide information on the subjects, attendance, frequency and impact of training activities provided to labour inspectors upon their entry into service and in the course of employment. It also requests the Government to provide a copy of the relevant laws and regulations, referred to in section 14(2) of Presidential Decree No. 21 of 2010, governing the appointment of labour inspectors.

Articles 19, 20 and 21. Periodic reports and annual report on the work of the labour inspection services. The Committee previously noted the measures taken by the Government to implement Articles 20 and 21 of the Convention, including the obligation, in section 10 of Presidential Decree No. 21 of 2010 of the district/city and provincial government to report to the central Government. The Committee notes the Government’s statement that reporting from the regional level to the national level is currently facing some obstacles. However, the Government indicates that it received ILO assistance on reporting, in the form of a workshop and data and statistics of labour inspection. The Committee requests the Government to take the necessary measures to enable the central authority to prepare and publish an annual labour inspection report within the time limits prescribed by Article 20 of the Convention, and to submit a copy to the ILO. It requests the Government to continue to provide information on measures taken in this regard, including progress made with regard to the frequency and accuracy of reporting from the provincial and city/district levels to the central level.