Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

National legislation. The Committee notes with interest the information in the Government’s report regarding the application of section 3 and Title V of Law No. 13/2009 of 27 May 2009 to workers in the informal economy. The Committee also notes that the process of drafting a Ministerial Order on health and safety at the workplace in the building industry to fill the legal void created by the abrogation in 2001 of Ordinance No. 21/94 of 23 July 1953 is still ongoing. Concerned about the current situation, the Committee urges the Government to take relevant action without further delay. It would like to inform the Government that the Office is available to provide relevant technical assistance to the Government to assist it in its efforts to bring national law and practice into conformity with this Convention and requests the Government to transmit a copy of any new legislation once it has been adopted.

Articles 4 and 6 of the Convention, in conjunction with Part V of the report form. On taking note of the Government’s reply, the Committee looks forward to receiving the Government’s annual report on the latest statistical information in relation to the number and classification of accidents, including those relevant to workers in the informal economy. The Committee also notes that the Government has indicated that it is in the process of raising the awareness and building the capacity of the labour inspectors. The Committee asks the Government to provide information on this process and any supporting legislative provisions.

Revision of this Convention. The Committee would also like to draw the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises Convention No. 62 of 1937 and could well be better adapted to the current situation in the building sector. The ILO Governing Body invited States parties to Convention No. 62 to envisage the ratification of Convention No. 167, which entails, ipso jure, immediate denunciation of Convention No. 62 (GB.268/8/2). The Committee requests the Government to provide information on all possible developments in this respect.

[The Government is asked to reply in detail to the present comments in 2011.]