Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the Government’s successive reports, according to which no change has occurred in the application of the Convention since 1993. It nevertheless notes the adoption in 1997 of a new Labour Code. The Committee hopes that the Government will not fail to provide copies, as soon as they are published, of each of the texts to be issued under sections L.168(2), L.185, L.186, L.189 and L.190 concerning, respectively, measures for the organization and functioning of institutions contributing to the observance of safety and health requirements, the improvement of working conditions and the health protection of workers; the organization, duties, functioning and means of action of occupational safety services; the organization, functioning and means of action of occupational medicine services; the organization and functioning of regional labour and social security inspectorates; and the status of labour and social security inspectors and controllers. The Committee however wishes to draw the Government’s attention to and requests it to provide additional information on the following points.

1.  Reporting obligations.  The present Convention is classified as a priority instrument and, as such, requires Members which have ratified it to provide the ILO every two years with a detailed report on the legislative provisions or any other measures taken by the competent authorities for its application, by providing the information required in the report form. The Government is requested to take the appropriate measures for effective compliance with this obligation.

2.  Annual general report on the work of the inspection services.  The Committee notes that, over the past ten years, the competent authority has not provided any annual report of the inspection services. The preparation, publication and transmission to the ILO of such reports are required by Article 20, containing information on the subjects enumerated in Article 21(a) to (g) of the Convention. However, the note on the results of the survey of occupational medicine for the period ending 1990 provides statistical information on the subjects covered by Article 21(c), (d), (e), (f) and (g), of the above Article in the field of occupational health in a number of sectors. The survey was supposed to have covered other sectors in so far as adequate material resources were made available to the services responsible for the survey. The Committee would be grateful if the Government would provide information on the results of the survey as announced in other sectors, as well as on any measures and action which may have been envisaged and implemented based on the findings of the survey. It would also be grateful if the Government would in addition take the necessary measures to ensure that the competent authority prepares, publishes and transmits regularly to the ILO copies of annual reports containing information on the subjects enumerated in Article 21 for all the sectors liable to supervision by the labour inspection services.

3.  Powers of labour inspectors and effectiveness of inspections in workplaces liable to inspection.  The Committee notes that the new Labour Code maintains restrictions on the powers of labour inspections which can only prejudice their authority and independence and, therefore, the effectiveness of their work. Under the terms of section L.97, labour inspectors can only enter workplaces liable to inspection during the daytime, and only where such workplaces employ workers who are legally protected. The Committee recalls that, in accordance with Article 12(1)(a) of the Convention, inspectors should be able to enter freely and without previous notice, also at any hour of the night, any workplace liable to inspection, without any restriction related to the status of the workers who may be employed therein. The freedom of inspectors to enter workplaces as envisaged by the Convention is required precisely to enable them to detect any unlawful work at any time. However, the new legislation does not contain a provision explicitly authorizing labour inspectors to enter such workplaces freely and without previous notice. The authorization required under the terms of section 197(1) from the employer or his representative to accompany the inspector is not in conformity with Article 12(2) of the Convention, according to which labour inspectors should have the possibility of refraining from notifying them of their presence when they consider that such notification may be prejudicial to the performance of their duties. The Government is requested to take measures to make appropriate amendments to its legislation with a view to ensuring that it is in conformity with the above provisions of the Convention and to keep the ILO informed of any progress achieved in this respect.

4.  Assistance of the civil and military authorities to labour inspectors.  The Committee notes that, in accordance with section 196 of the Labour Code, the civil and military authorities must provide labour inspectors, at their request, with help and assistance in the discharge of their duties. It requests the Government to indicate the procedures for the implementation of this provision, particularly as they relate to the collaboration of the military authorities in the discharge of the functions of the labour inspection services.

5.  Transport facilities.  The Committee notes from the above survey concerning occupational health that emphasis is placed on the manifest inadequacy of the means of transport available to the labour inspection services to carry out an exhaustive survey of the situation, and therefore on the need to improve these facilities. For the discharge of their functions, the labour inspection services should also be provided with adequate vehicles or transport facilities. The absence or manifest inadequacy of such means of transport constitutes an obstacle to labour inspection. Employers who employ workers in workplaces that are distant from the inspection services may therefore consider that they are protected from sanctions to which they would otherwise be liable due to the failure to observe the applicable legal provisions concerning conditions of work and the protection of workers in the performance of their work. The Committee would be grateful if the Government would indicate the manner in which effect is given to Article 11 of the Convention, which sets out the obligation for the competent authority to make the necessary arrangements to furnish labour inspectors with the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist (Article 11(1)(b)) and for the reimbursement to labour inspectors of any travelling and incidental expenses which may be necessary for the performance of their duties (Article 11(2)).

6.  Legal basis for penalties for violations of the legal provisions the application of which is supervised by labour inspectors.  The Committee notes that the Labour Code does not set out the penalties to which employers and workers are liable for violations of provisions the application of which is supervised by the labour inspection services. It would be grateful if the Government would indicate the instruments which provide a legal basis for the decisions of labour inspectors and of the respective administrative and judicial bodies.