Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Repetition

The Committee notes the Government’s favourable reception to the labour inspection audit carried out by the ILO in the context of the Decent Work Country Programme. Furthermore, it notes, according to information available to the ILO, that the Government has expressed its firm intention to continue the cooperation with a view to following up on the audit’s recommendations, particularly the one concerning the establishment of a structure responsible for developing the training and human resources of the labour inspectorate.

The Committee notes that some of the audit’s recommendations were already taken into account with the adoption of the new Labour Code under Act No. 17/2010, inasmuch as the labour inspection services were strengthened by provisions ensuring that inspectors have the authority and credibility they need in the exercise of their functions, and guaranteeing that they will not be vested with any responsibilities liable to prejudice their mandate or prevent the exercise of this mandate (section 250). It particularly notes in this respect that labour inspectors will henceforth be recruited on the basis of skills criteria related to the functions they will have to assume: candidates for the post of labour inspectors dealing with general working conditions will be required to have a degree in law or economy, whereas those making a career as occupational safety and health inspectors will be obliged to have a degree in natural sciences, chemistry, pharmacy or engineering (section 245). The number of each category of inspectors will be determined by decree issued at the recommendation of the Minister of Labour. According to sections 253 and 254, labour inspectors will have legal protection from their ministry against anyone inflicting any physical or moral injuries on them in the course of their missions.

Subsequent implementing texts will determine the inspectors’ remuneration scheme (issued in coordination with the Ministry of Finance (section 247(b)), the extent of their right of entry into establishments liable to inspection, as well as their supervisory prerogatives and powers to prosecute those having committed a violation (sections 247(a), 250(b) and 251).

The Committee also notes that the principle of absolute confidentiality as to the source of complaints has finally been set forth in the legislation (section 249(g)) and hopes that measures will be taken to ensure that this obligation of confidentiality extends to the existence of any link between the inspection visit and a complaint, as this is a prerequisite for the protection of employees against any risk of reprisals on the part of the employer.

The Committee trusts that this active cooperation between the Government and the ILO with a view to implementing the recommendations of the labour inspection audit will continue with due regard for the principles contained in the Convention, and taking into account the relevant guidelines of the Labour Inspection Recommendation, 1947 (No. 81), as well as those contained in the general observations made by the Committee in 2007, on the need for effective cooperation between the labour inspection services and the justice system; in 2009 on the importance of having and updating a register of workplaces; and, in 2010, on the usefulness of publishing an annual report of the activities of the labour inspection services enabling them to evaluate the results of the work they have been assigned and subsequently, to determine the means necessary to improve their effectiveness.

The Committee requests the Government to inform the ILO of the progress made, as well as of any possible difficulties encountered in the implementation of the audit’s recommendations, and to send it a copy of any relevant texts, in particular the implementing texts provided for under sections 245, 247, 250 and 251 of the new Labour Code.