Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 81) sur l'inspection du travail, 1947 - République dominicaine (Ratification: 1953)

Autre commentaire sur C081

Observation

Demande directe

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The Committee notes the Government’s report, which was received at the office on 6 October 2010. It also notes the comments made by the Autonomous Confederation of Workers’ Unions (CASC), the National Confederation of Trade Union Unity (CNUS) and the National Confederation of Dominican Workers (CNTD), which were dated 31 August 2010.

Articles 3, 10, 16 and 23 of the Convention. Number of labour inspection staff for the effective discharge of labour inspection duties. According to the trade unions, the number of labour inspectors is insufficient to guarantee the effective discharge of inspection duties. In its previous comments the Committee noted the announcement of a competition to fill 12 labour inspector posts in order to add to the current staff of 178 serving inspectors. It also asked the Government to indicate any changes in numbers and geographical distribution of inspectors and to provide figures in respect of the replacement of inspectors who had retired. The Committee notes that the Government does not reply to the points raised by the unions or to its previous comments. It draws the Government’s attention to paragraph 174 of the 2006 General Survey on labour inspection in which it emphasizes that measures should be taken to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate, taking into account the importance of the duties which they have to perform, in particular: the number, nature, size and situation of the workplaces liable to inspection; the number and the range of categories of workers employed in such workplaces; and the number and the complexity of the legal provisions to be enforced. The Committee would therefore be grateful if the Government would supply: (i) up-to-date information on the number of labour inspectors and their geographical distribution; (ii) details of the distribution of activities and duties entrusted to labour inspectors, in both central and regional offices, in relation to the inspection duties defined in Article 3(1) of the Convention; and (iii) any available information on the number and geographical distribution of industrial and commercial workplaces liable to inspection and the workers employed therein. If such information is unavailable, the Committee requests the Government to take the necessary steps to identify and register such workplaces, so as to ensure the programming of inspection visits and to keep the ILO informed of any developments in this respect.

Articles 6 and 15(a). Conditions of service and integrity, independence and impartiality of labour inspectors. The unions regret that lack of integrity on the part of labour inspectors continues to be widespread, even though they acknowledge that the situation has seen some improvement in recent years. They also point out that inspectors put pressure on workers to renounce their claims or enter into agreements that are detrimental to them, in order to avoid disputes and preserve jobs. The Committee notes that the Government does not comment on this matter in its report. The Committee reminds the Government that, under Article 6 of the Convention, the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. It wishes to emphasize, with reference to the 2006 General Survey, paragraph 204, that it is vital that the status, levels of remuneration and career prospects of inspectors be such that high-quality staff are attracted, retained, and protected from any improper influence. The Committee therefore requests the Government to take all the necessary steps to ensure that the remuneration and conditions of service of labour inspectors are in conformity with the principles laid down by Article 6 of the Convention. Moreover, the Committee observes that section 438 of the Labour Code prohibits labour inspectors from having any direct or indirect interest in the enterprises under their supervision. The Committee requests the Government to send a copy of any legislative provisions adopted pursuant to section 438 of the Labour Code, especially as regards the penalties applicable to any labour inspector who violates the prohibition contained in section 438. It also requests the Government to supply information on complaints made against labour inspectors on grounds of conduct contrary to the principles laid down in Article 15 of the Convention and on action taken further to such complaints.

Articles 7 and 8. Training of labour inspectors and mixed nature of inspection staff. The unions highlight the lack of skill and sensitivity on the part of inspectors regarding matters concerning the rights of women workers, such as discrimination, sexual harassment and violence, and concerning freedom of association, since inspectors have been reluctant to report violations relating to dismissals or other acts of anti-union discrimination, arguing that the workers concerned were not protected by trade union immunity. With regard to these points, the Committee draws the Government’s attention to the fact that, according to Article 7 of the Convention, subject to any conditions for recruitment to the public service which may be prescribed by national laws or regulations, labour inspectors shall be recruited with sole regard to their qualifications for the performance of their duties and shall be adequately trained for the performance of their duties. The Committee requests the Government to supply information on the qualifications that labour inspectors must possess (Article 7(1)) and to specify the manner in which it is ensured that labour inspectors receive adequate initial and subsequent training for the effective performance of their duties (Article 7(3)). It also requests the Government to provide information on the training activities for labour inspectors in particular in the areas of non discrimination and freedom of association, giving details of frequency, number of participants, subjects covered and duration.

Furthermore, reminding the Government that, according to Article 8 of the Convention, both men and women shall be eligible for appointment to the inspection staff and, where necessary, special duties may be assigned to men and women inspectors, the Committee would be grateful if the Government would indicate the proportion of women who perform labour inspection duties and to specify whether they are assigned special duties, such as the inspection of workplaces where the staff are predominantly women or young people.

Article 11. Equipment and transport facilities for labour inspectors. The trade unions deplore the inadequacy of the computer equipment and transport facilities made available to labour inspectors. According to the unions, the inspectorate had 221 computers and ten vehicles for a total of 33 provinces in 2009. The Committee had noted in its previous comments that four new vehicles had been made available to inspectors for duty travel and had asked the Government to provide information on the impact of this measure on inspection activities and their results. The Committee observes that the Government has not replied in its report to the comments made by the unions or to its previous comments in this regard. With reference to the 2006 General Survey, paragraph 238, the Committee emphasizes that for a labour inspectorate to carry out its functions effectively, its staff must be given the necessary resources to perform their tasks and to ensure that their role and the importance of their work receive due recognition. The Committee hopes that the Government will take the necessary steps to ensure that labour inspectors have the necessary material means to perform their duties. It requests the Government to supply information on the office equipment provided for the inspection services, in both the capital and the regions, and on the accessibility thereof to all persons concerned (Article 11(1)(a)), and also on the transport facilities made available to inspectors at all offices (Article 11(1)(b)), and on the reimbursement of travelling expenses incurred by labour inspectors in the performance of their duties (Article 11(2)).

Article 18. Effective enforcement of adequate penalties. The trade unions also allege that labour inspectors allow themselves to be intimidated by the executives, directors and security personnel of certain enterprises, who prevent them from entering the workplace and from establishing violations denounced by workers or trade unions. The Committee reiterates the comments it has been making since 2007, in which it noted the Government’s intention to consult the social partners within the framework of the Labour Advisory Council with a view to establishing financial penalties for obstructing labour inspectors in the performance of their duties. The Committee again urges the Government to take the necessary steps to ensure that effect is given to the provisions of this Article of the Convention, according to which adequate penalties for obstruction of labour inspectors in the performance of their duties must be provided for by national laws or regulations and effectively enforced. Reiterating its previous comments on this matter, the Committee urges the Government to ensure that a method is devised promptly to review the amount of the fines imposed so that they remain dissuasive despite any monetary fluctuations and to ensure that these penalties are effectively enforced.

Furthermore, noting that the Government’s report does not reply for the second time in succession to its previous observation, the Committee is bound to repeat the following parts thereof:

Article 12(1)(a) and (b). Right of labour inspectors to enter any workplace freely. The Committee notes that, in response to its previous comments, it is planned to amend the national legislation so that, as provided by the Convention, inspectors will be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. The Government is requested to provide information on any progress made in the amendment process envisaged to this effect or to communicate a copy of any text adopted.

Article 12(1)(c)(iv). Testing of substances and materials used or handled. Further to its previous comments concerning the usefulness of giving a legal basis to the prerogatives of labour inspectors, the Committee hopes that measures will be taken to give effect to this provision of the Convention under which labour inspectors must be empowered to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purpose. It asks the Government to keep the ILO informed of any progress made in this respect and to communicate a copy of the new occupational health and safety regulations which were due to be adopted in 2006.

Article 14. Notifying the labour inspectorate of industrial accidents and cases of occupational disease. The Committee once again asks the Government to take measures to determine the cases in which the labour inspectorate must be informed of industrial accidents and cases of occupational disease and to keep the Office informed in this respect. It would be grateful if the Government would also indicate progress in the drafting of a schedule determining and classifying occupational diseases.

Articles 20 and 21. Annual inspection report. The Committee once again notes that, despite repeated requests, no annual inspection report of the kind provided for by the Convention has been received by the Office. The Committee recalls that the Government may request the technical assistance of the Office to create the necessary conditions to enable the central inspection authority to publish and communicate to the Office a report on the work of the inspection services under its control. The Committee strongly encourages the Government to take the necessary steps to this effect and to provide information on any progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary measures in the very near future.

The Committee is raising other points in a request addressed directly to the Government.