Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee takes note of the Government's first report. The Government is asked to refer to the Committee's direct request concerning Convention No. 81 with regard to the application of the following Articles of the present Convention.

Article 6, paragraphs 2 and 3. See under Article 3, (2), of Convention No. 81, as follows:

Article 3, paragraph 2, of the Convention. The Committee notes that, in addition to the functions set out in paragraph 1 of this Article, several other duties have been conferred on the Inspectorate of Labour and Social Legislation, particularly under sections 122, 139 and 159 of the Labour Code. Please indicate the measures taken to ensure that these duties do not interfere with the effective discharge of primary duties of the inspectors.

Article 9, paragraph 3. See under Article 7, (3), ibid, as follows:

Article 7, paragraph 3. While noting that the inspectors of the Inspectorate of Labour and Social Legislation are recruited from among students of the National School of Administration, the Committee requests the Government to indicate the measures taken to ensure that labour inspectors are adequately trained for the performance of their duties, both on entering the service and subsequently.

Article 14. See under Article 10, ibid, as follows:

Articles 10 and 16. Please indicate, bearing in mind the various duties conferred on the Inspectorare of Labour and Social Legislation, whether the number of labour inspectors is sufficient to ensure that workplaces liable to inspection are inspected as often and as thoroughly as is necessary.

Article 15. See under Article 11, ibid, as follows:

Article 11, paragraph 1. The Committee notes that the inspection services are encountering practical difficulties owing to the lack of material means at their disposal. Please indicate the measures taken or contemplated to remedy these difficulties.

Article 11, paragraph 2. Please indicate the arrangements made to ensure that labour inspectors are reimbursed for any travelling and incidental expenses which may be necessary for the performance of their duties.

Article 18, paragraph 2(b). See under Article 13, (2), (b), ibid, as follows:

Articles 13, paragraph 2(b). The Committee notes the Government's statement that, as part of the revision of the Labour Code, section 128 is to be amended to include a subsection empowering inspectors of labour and social legislation to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers. It hopes that measures to give full effect to this provision will be taken shortly and requests the Government to provide information on any progress made in this respect.

Article 19, paragraph 1. See under Article 14, ibid, as follows:

Article 14. The Committee notes that, under section 80 of the Social Welfare Code, any occupational accidents or diseases noted in the workplace must be notified to the National Social Welfare Fund. Please indicate the manner in which the Inspectorate of Labour and Social Legislation is informed of cooupational accidents and diseases.

Article 21. See under Article 16, ibid, as follows:

Articles 10 and 16. Please indicate, bearing in mind the various duties conferred on the Inspectorare of Labour and Social Legislation, whether the number of labour inspectors is sufficient to ensure that workplaces liable to inspection are inspected as often and as thoroughly as is necessary.

Articles 26 and 27. See under Articles 20 and 21, ibid, as follows:

Articles 20 and 21. The Committee notes that the annual report on the work of the inspection services has not been received by the ILO. It hopes that, in future, these reports, containing information on all the subjects listed in Article 21, will be published and transmitted within the time-limit established in Article 20.

The Committee asks the Government also to provide information on the application of the following provisions of the present Convention:

Article 2. Please indicate whether and under what provisions labour inspectors are responsible for enforcing arbitration awards and collective agreements with force of law.

Article 4. Please indicate the provisions which determine the various categories of workers whose protection the inspection service is responsible for ensuring.

Article 16, paragraph 2. Please indicate the provisions which ensure that inspectors are prohibited from entering the private home of the operator of an agricultural undertaking without authorisation.

Article 17. Please indicate how labour inspectors are associated with preventive control activities.

Article 18, paragraph 4. Please indicate how employers and workers are informed of defects noted during inspection visits.

Article 19, paragraph 2. Please indicate how inspectors are associated with on-the-spot enquiries in the event of occupational accident or disease.