Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

With reference to its observation, the Committee requests the Government to provide additional information on the following points.

Articles 3, paragraph 2, and 16 of the Convention. With reference to its previous comments, the Committee notes with interest that the number of inspections increased, rising from 6,692 in 2000 to 10,811 in 2003. However, noting that the inspection function is not separate from the function of conciliation and that the activities of labour inspectors are focused on the resolution of disputes, the Committee hopes that the Government will ensure that measures are taken to enable labour inspectors to devote the majority of their working time to their principal functions, as set out in the Convention.

Article 5. Please indicate the measures adopted in the framework of the new Ministry of Social Protection to promote effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities (clause (a)), and collaboration between officials of the labour inspectorate and employers and workers or their organizations (clause (b)).

Articles 6 and 10. The Committee hopes that the Government will provide the information requested in its previous comments concerning developments in the situation following the freezing of the recruitment of public servants and on the status and conditions of service of labour inspectors recruited in the context of the restrictions imposed in view of the economic situation.

Articles 7 and 11. The Committee notes that the Special Inspection, Surveillance and Control Unit does not enjoy administrative, technical and financial autonomy and that the operation of the territorial directorates depends on the budget that is allocated to them annually by the Ministry of Social Protection. In its report under Convention No. 129, the Government indicates that a series of training seminars for labour inspectors is envisaged this year, but that all activities depend on the availability of resources. The Committee notes in this respect that, under section 43 of Decree No. 205 of 2003, the resources and possessions of the former Ministries of Labour and Social Security and of Health shall be transferred to the Ministry of Social Protection. It would be grateful if the Government would keep the Office informed of the legal and practical arrangements for the implementation of this text and the resulting situation at the present time.

Further noting that the manual for inspectors is being updated, the Committee requests the Government to provide a copy of the new manual once it has been published.

Article 14. With reference to its previous comments and emphasizing, as it has in paragraph 86 of its General Survey on labour inspection of 1985, that notifying the labour inspectorate of cases of employment accidents and occupational diseases is not an end in itself, but part of the more general aim of accident prevention, the Committee would be grateful if the Government would rapidly take measures to ensure that the labour inspectorate is notified of industrial accidents and cases of occupational disease in such cases and in a manner as may be prescribed by national laws and regulations, and to provide information on any progress achieved in this respect.

Article 15(c). The Committee refers to its previous comments under Article 20(c) of Convention No. 129 on the necessity to guarantee a legal basis ensuring the principle of confidentiality of the source of any complaints, with a view to securing the effective protection of workers against any reprisals by employers and to prevent the fear of the revelation of their identity constituting an obstacle to the collaboration of workers with labour inspectors. The Committee notes that no information has been provided by the Government on this subject. It would be grateful if the Government would rapidly take the relevant measures to ensure compliance with the principle of the confidentiality of the source of complaints and the prohibition of inspectors revealing to the employer or her or his representative that a visit of inspection has been made in consequence of a complaint. It hopes that the Government will provide information showing that effect has been given to this provision of the Convention.

Articles 19, 20 and 21. The Committee notes the statistical tables (containing information disaggregated by territorial directorate) provided by the Government. It notes that these tables cover in particular strikes, complaints, conciliations, consultations, authorizations for work by young persons, complaints relating to young persons, applications for terminations, inspection visits, the number of enterprises penalized, administrative functions, administrative investigations, the amount of the fines imposed for infringements of the legislation relating to the general system of occupational risks and on employment accidents and cases of occupational disease resulting in permanent or partial incapacity, invalidity or death. Further noting from the Government’s report under Convention No. 129 that the central inspection authority does not issue an annual report on the activities of the labour inspection services, but that territorial directors submit quarterly reports to the Special Inspection, Surveillance and Control Unit containing, among other data, information on the enterprises inspected and penalized, the Committee requests the Government to ensure that the central authority discharges its obligations of the publication and communication to the ILO, within the time limits set forth in Article 20, of an annual inspection report containing information on each of the matters enumerated in Article 21.

The Committee would be grateful if the Government would also provide copies of Amendments No. C-096 of 1993 of the Constitutional Court, No. 14684 of 12 October 2000 of Chamber 2 of the Council of State and No. 10728 of 22 August 1996 of the Council of State, which it describes as relating to the application of the Convention.