Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 81) sur l'inspection du travail, 1947 - Yémen (Ratification: 1976)

Autre commentaire sur C081

Observation

Demande directe

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Labour law reform. The Committee notes the Government’s indication that draft amendments to the Labour Code have been approved and will be submitted to the Parliament. In this regard it notes that the Government does not provide information in relation to the legislative measures taken to address the issues previously raised by the Committee, namely whether the draft amendments provide for the power of labour inspectors to interrogate employers or workers (Article 12(c)(i)) of the Convention, and whether it provides for an increase in the sanctions for labour law violations, including obstruction of labour inspectors so that they are sufficiently dissuasive (Articles 17 and 18). The Committee asks the Government to provide information on any legislative measures taken with regard to the abovementioned issues under Articles 12(c)(i), 17 and 18 of the Convention and to supply a copy of the revised Labour Code once it has been adopted.

Articles 4, 5(a) 6, 8, 9, 10 and 11 of the Convention. Effective organization and functioning of the labour inspection system under the supervision and control of a central authority, including the provision of sufficient human resources and material means to the labour inspection services and adequate conditions of service to labour inspectors. The Committee previously noted, from the ILO labour inspection audit conducted at the request of the Government in 2009, that: (i) there is insufficient coordination between the two departments entrusted with labour inspection at the Ministry of Social and Labour Affairs (MOSAL) (namely the Directorate for the General Administration of Labour Inspection (GALI) and the General Administration of Occupational Safety and Health (GAOSH)); as well as insufficient coordination between the MOSAL and GALI and other government services that carry out similar services; (ii) the number of labour inspectors and women inspectors, including specialists in occupational safety and health (OSH) is insufficient; (iii) there is a lack of minimum logistical requirements for labour inspection (no transport means and no reimbursement of work-related expenses, no access of labour inspectors to computers and the Internet, etc.); and (iv) labour inspectors have inadequate salaries and allowances to cover at least basic living conditions.

The Committee notes the Government’s indication that coordination between the GALI and the GAOSH in the labour relations sector of the MOSAL is continuous, and that there are plans to strengthen coordination of the labour inspection services with the General Corporation for Social Insurance (GSCI) and other relevant bodies. The Committee also notes that the MOSAL is considering the possibility of establishing an independent institution under the MOSAL, integrating the functions of labour inspection and OSH, as recommended in the 2009 ILO labour inspection audit. However, the Government indicates that the economic conditions are not currently appropriate and that the Government is trying to find financial resources to pay for the Ministry’s activities. As for the conditions of service of labour inspectors, the Government indicates that the MOSAL intends to request additional budgetary resources, intended for labour and OSH inspectors, within the Ministry’s budget over coming years. The Committee encourages the Government to do its utmost to provide the labour inspection services with the financial resources necessary to operate effectively, and to provide up-to-date information on the budget of the MOSAL allocated for this purpose, also specifying the proportion of the national budget.

In this regard, the Committee once again asks the Government to report in detail on the concrete measures taken or envisaged for the implementation of the recommendations in the 2009 labour inspection audit, in particular: (i) the measures put in place to secure effective cooperation between the GALI, the GAOSH and the other public or private institutions and bodies engaged in work similar to labour inspection; (ii) the increase in the number of labour inspectors; (iii) the provision of adequate material resources (including computers, equipment and means of transport available); and (iv) the measures taken to ensure that the conditions of service of labour inspections, including the system of remuneration and wage levels, are such that labour inspectors are independent of improper external influences, and that they enjoy the required neutrality for the proper discharge of their duties, in conformity with the principles laid down in Article 6.

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