Solicitud directa (CEACR) - Adopción: 2019, Publicación: 109ª reunión CIT (2021)

Repetition

Labour law reform. The Committee notes the Government’s reference in its report to the ongoing review of the national labour legislation. It also notes that the Government has sought ILO technical advice on a draft of the Labour Act in the context of the current labour law reform. The Committee requests that the Government take into account its comments below, particularly concerning Articles 3(1) and (2), 12(1)(a) and 18, in the context of its ongoing labour law reform, to ensure full conformity with the Convention. It also requests the Government to provide a copy of the Labour Act, once adopted.

Article 3(1) and (2) of the Convention. Additional duties entrusted to labour inspectors. The Committee notes that, despite the limited number of labour inspectors, the information in the Government’s report indicates that a number of labour inspectors are assigned to work that does not constitute the primary functions of labour inspectors, as set out in Article 3(1) of the Convention. Particularly, the Government’s report indicates that out of 24 labour inspectors: two are assigned to the supervision of work permits, three inspectors focus on matters related to labour migration, three inspectors are charged with employment services for jobseekers and five labour inspectors focus on industrial relations and labour disputes. The Committee recalls that, pursuant to Article 3(1) and (2) of the Convention, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work (for example, provisions relating to hours, wages, occupational safety and health (OSH), child labour), and any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Noting the limited available resources, the Committee requests the Government to take specific measures, including in the context of the ongoing labour law reform process, to ensure that any other functions assigned to labour inspectors do not interfere with their main objective, to ensure the protection of workers in accordance with Article 3(1) and (2) of the Convention. The Committee requests the Government to provide information on the measures taken in this respect and, in the meantime, to continue to provide information on the total number of labour inspectors as well as the number of inspectors assigned to monitoring labour migration and to functions relating to industrial relations and labour disputes.

Article 9. Association of duly qualified technical experts and specialists in the work of the labour inspection services. Taking due note of the Government’s reference in its report to the difficulty in engaging technical experts and specialists due to a lack of sufficient funds, the Committee expresses the hope that the Government will be in a position to make the necessary arrangements to ensure that duly qualified technical experts and specialists such as those in medicine, engineering, electricity and chemistry, are associated in the work of inspection in the areas of OSH.

Articles 10 and 11. Resources of the labour inspectorate. The Committee previously noted that there was no fixed budget for the labour inspectorate and that it was practically inoperative. The Committee notes with concern the Government’s indication that labour inspectors continue to face severe resource constraints, having no access to appropriate inspection tools, materials, adequate transport facilities or stationery. The Government also indicates that the number of labour inspectors is insufficient to ensure the enforcement of laws which fall under the jurisdiction of the labour inspectorate (24 labour inspectors in total for 10,000 workplaces liable to inspection). Taking due note of the difficulties in obtaining sufficient funds, the Committee expresses the firm hope that the Government will be in a position to report on measures taken to secure an adequate number of labour inspectors and access to the tools, materials and transport facilities necessary for the performance of their duties, in accordance with Articles 10 and 11 of the Convention. It requests the Government to provide information on progress in this respect.

Articles 15(c) and 16. Sufficient number of inspection visits and duty of confidentiality of the source of any complaint. The Committee notes the Government’s indication that labour inspectors perform annual regular inspections, while they hardly perform follow-up inspections and special inspection visits, due to the lack of funds and transport facilities. The Committee recalls that in accordance with Article 16 of the Convention, workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. Noting the limited available resources, the Committee requests the Government to indicate how it is ensured that a sufficient number of labour inspections are undertaken and requests that the Government provide information on any practical measures taken in this regard. Noting the Government’s indication that in practice, only annual regular inspections are performed, the Committee requests that the Government indicate whether it is possible for an individual worker to file a complaint confidentially to the labour inspectorate in accordance with Article 15(c) of the Convention.

Articles 20 and 21. Publication and communication to the ILO of an annual report. The Committee notes that no annual inspection reports have been prepared or communicated to the ILO for many years. However, it welcomes the statistics of the number of labour inspectors, contained in the Government’s report. Taking due note of the resource constraints, the Committee hopes that the Government will take all possible measures to ensure that annual labour inspection reports are prepared, published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.