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Solicitud directa (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

Kenya

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1964)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 1979)

Otros comentarios sobre C081

Observación
  1. 2022
  2. 2014
  3. 2012
  4. 2011
  5. 2009
  6. 2008
  7. 2006
  8. 2003
  9. 1999
Solicitud directa
  1. 2022
  2. 2014
  3. 2012
  4. 2008
  5. 2002
  6. 1999
  7. 1997
  8. 1995
  9. 1992
  10. 1990

Other comments on C129

Observación
  1. 2022
  2. 2012
  3. 2011
  4. 2010
  5. 2008
  6. 2006
  7. 2003
  8. 2001
Solicitud directa
  1. 2022
  2. 2014
  3. 2012
  4. 1999
  5. 1997
  6. 1995
  7. 1992

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. In its previous comment, the Committee noted that a large portion of the time of labour inspectors was devoted to mediating individual and collective labour disputes, at the expense of carrying out inspection visits. In this respect, the Committee requested the Government to indicate the measures taken or envisaged to ensure that the conciliation functions entrusted to inspectors do not interfere with their primary duties, and to provide information on any measures taken or envisaged to establish the Conciliation and Mediation Commission, which was recommended by the ILO labour administration and inspection needs assessment of 2010 (the 2010 audit). The Committee notes that the Government has not provided information in this respect. According to the Government’s indications in its report, apart from conciliation functions, labour inspectors are entrusted with undercover investigative duties while conducting their normal labour audits in the context of a multiagency approach towards reducing human trafficking and smuggling of migrants at the workplaces. The Government indicates that suspect information and other data gathered is then sent by the labour inspectors to the relevant authorities within the Kenya Police Service and the Directorate of Criminal Investigations. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that the conciliation functions, as well as any other additional functions such asundercover investigative duties, entrusted to labour inspectors do not interfere with their primary duties. It reiterates its request that the Government provide information on any measures taken or envisaged to establish the Conciliation and Mediation Commission.
Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between labour inspectors and employers and workers. The Government indicates in its report that it has set up procedures which ensure effective consultations between representatives of the Government, employers and workers in matters concerning labour administration and inspection in various sectors including agriculture. In this respect, the Committee notes that the Government has appointed representatives of workers and employers (including representatives from agricultural undertakings who primarily engage in internal control functions), to Boards of State bodies to represent their interests, including before the National Labour Board. The Government indicates that the trade unions engage in private inspections and apply reporting mechanisms with the aim of ensuring that the negotiated collective bargaining agreements in the agricultural sector are being implemented. Furthermore, the Committee notes that the Occupational Safety and Health Services officers undertake occupational safety inspection in conjunction with the works committees. The Committee requests the Government to continue to provide information on measures taken or envisaged to promote effective collaboration between labour inspectors and employers’ and workers’ organizations, including further information on the nature of inspection activities and reporting mechanisms carried out by trade unions.The Committee reiterates its request that the Government provide information on any activities of the National Labour Board related to labour inspection, and to provide any relevant reports or documents in this regard.
Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. In its previous comment, the Committee took note of the budgetary constraints referenced in the Government’s report and requested the Government to indicate the steps taken or envisaged to gradually improve the conditions of service of labour inspectors, including their remuneration levels and conditions for career advancement. The Government indicates that the scheme of service for labour officers is being considered for review. It further indicates that under the current scheme, the Inspectorate staff is employed by the Government under the Ministry of Labour and Social Protection on permanent and pensionable employment terms. The Committee reiterates its request that the Government indicate the steps taken or envisaged to gradually improve the conditions of service of labour inspectors, including their remuneration levels and conditions for career advancement. In this respect, the Committee requests the Government to provide information on the progress made in the review of the scheme of service for labour officers, including information comparing the remuneration levels and career advancement prospects of labour inspectors with the levels and prospects of officials charged with similar responsibilities such as tax inspectors and the police.
Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Recruitment and training of labour inspectors.Regarding the arrangements made to ensure the training of labour inspectors, the Government indicates that upon recruitment, all labour inspectors follow an induction training course, and, upon subsequent fiscal periods, various training programs take place. In this respect, the Committee notes that the Ministry of Labour and Social Protection has training projections on an annual basis based on the budget allocations for each fiscal year, the training needs for a particular area of expertise, and other training needs of inspectors. However, the Government does not provide specific information on the training activities actually undertaken during the reporting period, their frequency, duration, number of participants and subjects covered. The Government indicates that labour inspectors are recruited on the basis of their qualifications and academic merit with the sole conditions being the legal age, sound mind and Kenyan Citizenship. The Committee recalls that the 2010 audit suggested that when considering future recruitment, the Ministry of Labour should ensure that inspectors have some level of technical background in their respective areas of specialization based on standard qualification requirements. The Committee reiterates its request that the Government provide detailed information on the training activities undertaken, including the frequency, duration, number of participants and subjects covered.The Committee once again requests that the Government provide specific information on any measures taken or envisaged pursuant to the recommendations of the 2010 audit with regard to the recruitment of inspectors.
Articles 13 and 14 of Convention No. 81 and Articles 18 and 19 of Convention No. 129. Reporting and investigation of occupational accidents and cases of occupational disease. The Committee notes that according to the Government’s indication, all industrial accidents and sporadic outbreaks of diseases at the workplace are immediately notified to the Minister of Labour through the Directorate of Occupational Safety and Health Services (DOSHS) county offices. It further notes that the Government aims to improve documentation of all occupational diseases by mainstreaming basic OSH in the industries and by developing a regional institute for research and training in OSH, as well as a national institute for OSH. The Committee requests the Government to continue to provide information on measures taken to improve the reporting of occupational accidents and diseases, including on the progress made in the creation of a regional institute for research and training on OSH and the national institute for OSH. The Committee requests the Government to indicate the number of occupational accidents and cases of occupational disease reported and the number of investigations conducted by labour inspectors, as well as specific information on the action taken following these investigations (improvement or prohibition notices, prosecutions and penalties imposed).
Articles 5(a), 17 and 18 of Convention No. 81 and Articles 2(1), 22, 24 of Convention No. 129. Enforcement of legal provisions relating to the conditions of work and the protection of workers. Effective cooperation between the labour inspection services and the justice system. Noting that the Government does not provide information responding to the Committee’s previous comment, the Committee reiterates its request that the Government provide statistical information in its next report on the violations giving rise to the cases referred by labour inspectors to the industrial court, the legal provisions to which the cases relate, as well as outcome of these cases (including the specific penalties applied). It also reiterates its request that the Government provide information on any measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Preparation of an annual inspection report and contents to be covered. The Committee notes that periodic reports of labour inspectors from all 47 stations countrywide are submitted to the head office on a monthly basis, and that office in turn prepares an annual report. The Government indicates that the Central Authority for purposes of reporting is the Ministry of Labour and Social Protection, which receives monthly reports from the labour inspectors. The Committee notes that no annual labour inspection report has been received and that the Government’s report does not include all information on the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee requests the Government to take the necessary measures to ensure that annual labour inspection reports are prepared, published and communicated to the ILO, and that they are drafted in such a way that they give an overview of the functioning of the labour inspection system, containing information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee also requests the Government to indicate whether any measures have been taken in order to establish a register of enterprises.
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