Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

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

Amendment and implementation in practice of the legislation giving effect to the provisions of the Convention. The Committee notes that, according to the Government, the provisions of the Labour Ordinance Sarawak (Cap. 76) and the Labour Ordinance Sabah (Cap. 67) were amended in 2004 to bring them into line with the provisions of the Employment Act, 1955. The Committee would be grateful if the Government would provide copies of these two Ordinances, as amended, the original texts and information on their application in practice since their entry into force in 2005.

Analysis of the results of labour inspection activities. According to the data provided by the Government concerning Peninsula Malaysia between 2005 and 2006, the number of inspections carried out fell significantly (from 57,420 to 44,522), while the numbers of “employers reprimanded” almost doubled (from 6,385 to 12,380). In Sarawak, the number of workplaces liable to inspection rose from 27,272 to 40,469 over the same period, the number of fatal industrial accidents reported more than doubled (from 33 to 69), while the number of other types of industrial accidents rose by around 30 per cent. The Committee would be grateful if the Government would indicate the meaning of the expressions “employer reprimanded” and “worker involved” used in the statistics for Peninsula Malaysia. It also requests the Government to indicate the reasons for: (i) the seemingly contradictory relationships between the reduction in the number of inspections and the increase in the number of violations reported in the region; and (ii) the significant increase in the number or workplaces liable to inspection in Sarawak.

The Committee would be grateful if the Government would also provide the available data on the distribution by branch of activity of occupational accidents in Sarawak for the years 2005 and 2006, take measures to reduce that number and, in so far as possible, the risk factors identified, and provide a description of these measures and of any action taken against the employers concerned (administrative or judicial action).

Article 3, paragraph 1. Enforcement and advisory activities of the labour inspectorate. The Committee requests the Government to indicate precisely the source and content of the legal provisions liable to supervision by labour inspectors and to describe the action undertaken by the labour inspectorate with a view to securing the enforcement of the legal provisions relating principally to conditions of work and the protection of workers in respect of vulnerable categories of workers, such as young persons, women and immigrant workers.

Article 5(a) and (b). Effective cooperation with other government services and public institutions, and collaboration with employers, workers or their organizations. The Committee requests the Government to indicate whether measures have been taken to promote effective cooperation between the inspection services and other public institutions and services, such as the judicial and fiscal authorities, social insurance institutions and bodies responsible for the protection of children established under the Malaysia Child Act, 2001. If so, it requests the Government to provide examples of cooperation and an assessment of its impact.

With reference to the guidance contained in Part II of the Labour Inspection Recommendation, 1947 (No. 81), on the various possible forms of collaboration between officials of the labour inspectorate and employers and workers or their organizations (establishment of safety and health committees, organization of lectures, dissemination of documentation, etc.), the Committee requests the Government to describe, where appropriate, the nature and results of such collaboration.

Articles 17, paragraph 2, 18 and 21. Violations reported, prosecutions and penalties imposed. According to the data provided by the Government, one single case of violation gave rise to prosecution as a result of the 3,288 inspections carried out in Sarawak in 2006. No relevant data were provided concerning Peninsula Malaysia. The Committee requests the Government to indicate in its next report the reason for the single case of prosecution. With reference to its general observation of 2007, in which it emphasizes the value of effective cooperation between the inspection services and the justice system for an effective contribution to the progressive improvement of conditions of work, the Committee would be grateful if the Government would indicate whether appropriate measures have been taken, in accordance with Article 5(a), to promote such cooperation. If not, it hopes that the Government will not fail to take such measures and to keep the Office informed rapidly.

The Committee requests the Government to provide information in its next report on the number of cases referred to the courts by the labour inspectorate throughout the country, with an indication of the fields concerned.

Collection and content of statistical information on the work of the labour inspection services. Further to its observation, in which it emphasizes the need to ensure the publication and communication to the Office of an annual report on the work of the labour inspection services, the Committee wishes to draw the Government’s attention to Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), in relation to the desirable level of detail of the information that should be contained in the annual report. While awaiting an annual report as envisaged in Articles 20 and 21 of the Convention, the Committee hopes that the Government will be in a position to provide the available data in its next report on the composition and geographical distribution of the staff of the labour inspection services, the total number of workplaces liable to inspection, the number of workers employed therein, in so far as possible disaggregated by sex, category (young workers, migrant workers, etc.), the number and types of inspection visits carried out (first inspection, inspection to verify the implementation of an order), the type and size of the workplaces inspected, the violations reported and penalties imposed, as well as the available data on employment accidents (the economic sectors concerned) and cases of occupational disease (the economic sectors concerned).

Labour inspection and child labour. With reference to its general observation of 1999, the Committee would be grateful if the Government would keep the ILO informed of any legislative or practical measures adopted for the active participation of labour inspectors in combating child labour in the industrial and commercial workplaces covered by the Convention. It requests the Government to provide a detailed description, with details of their impact.