Demande directe (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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Referring to its observation, the Committee wishes to raise the following additional points.

Articles 2(1), 6, 10, 11, 12(1)(a) and (b) and 23 of the Convention. Labour inspections in the oil sector. The Committee notes the Government’s indication that it is endeavouring to promulgate a statute regulating work in oil companies, which would provide for: (i) the assumption of travel and accommodation costs of labour inspectors by the Ministry of Petroleum and the Ministry of Social and Labour Affairs (MOSAL); and (ii) the non-notification of oil companies regarding the timing of inspection visits. The Government further indicates that, in practice, travel costs of labour inspectors are assumed by the Government, but that oil companies are notified prior to inspection visits and requested to make arrangements for accommodation and food, in view of the lack of these amenities on the ground. The Committee asks the Government to take the necessary measures in law and practice to ensure that oil companies are not notified prior to inspection visits so as to ensure the effectiveness of inspections, and to provide information on the relevant steps taken in this regard. It asks the Government to provide a copy of the abovementioned statute, once it has been adopted, if possible in one of the working languages of the ILO.

Article 3(2). Additional functions entrusted to labour inspectors. The Committee notes the Government’s reference to the role of labour inspectors in the conciliation of individual and collective labour disputes. Following up on its previous comments in this regard, the Committee would like to draw the Government’s attention to paragraph 69 of its General Survey of 2006 on labour inspection, in which it emphasized that the primary duties of labour inspectors are complex and require time, resources, training and considerable freedom of action and movement, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. With specific regard to functions exercised in the context of labour disputes, the Committee refers the Government to the guidance contained in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. Referring to its previous direct request, the Committee once again asks the Government to indicate the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties and, where appropriate, to take measures to relieve labour inspectors of conciliation duties so that they can resume their primary duties as defined in Article 3(1) of the Convention with a view to enabling them to carry out inspections in the highest possible number of industrial and commercial workplaces liable to inspection.

Articles 5(a), 17 and 18. Cooperation with the judicial authorities. The Committee notes that the Government’s report does not provide the requested information on this subject. It would like to draw the Government’s attention to its general observation of 2007 on the importance of cooperation between the labour inspectorate and the justice system for the effective enforcement of legal provisions relating to conditions of work and the protection of workers. The Committee once again requests the Government to identify measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities (such as joint meetings to discuss practical aspects of cooperation, joint training on the procedural and material aspects of labour law and inspection procedures, the establishment of a system for the recording of judicial decisions accessible to labour inspectors, etc.).

Article 5(b). Collaboration with employers and workers or their organizations. The Committee notes that the Government’s report does not provide the requested information concerning the measures taken for the active involvement of the social partners in labour inspection activities as recommended in the ILO labour inspection audit, conducted at the request of the Government in 2009. However, the Committee understands from the information provided by the Government, that draft amendments to the Labour Code have been approved and will be submitted to the Parliament, and that they contain provisions for the collaboration with employers’ representatives. The Committee once again asks the Government to identify the measures taken or envisaged to promote effective collaboration between labour inspectors and employers’ and workers’ organizations (such as the development and implementation of related policies and strategies, and capacity building for the social partners through training and awareness-raising measures). It also asks the Government to indicate the relevant provisions in the amended Labour Code.

Articles 7. Recruitment of sufficiently qualified labour inspectors and their initial and subsequent training. The Committee notes the Government’s indication that amendments to the Labour Code, to be submitted to Parliament, require labour inspectors to have scientific qualifications and suitable experience in the areas of chemistry, law, medicine, technology and engineering. It also notes that the MOSAL is currently organizing training courses for new employees, with the support of the ILO and the Arab Labour Organization (for example, ten employees from the General Administration of Occupational Safety and Health received OSH training in Egypt for a duration of ten days). The Government also indicates that it will do its utmost to provide further training opportunities to labour inspectors in the future. The Committee asks the Government to provide further information on the measures taken or envisaged to ensure that labour inspectors are adequately trained on a regular basis, both when they enter the service and during the course of their employment. Please also continue to provide information on the training activities undertaken during the period covered by the next report (the subjects covered, the frequency of such training and number of participants, etc.).

Articles 3(1)(b), 13 and 14. Notification to the labour inspectorate of industrial accidents and cases of occupational diseases, and inspection activities aimed at their prevention. The Committee notes that the Government’s report contains no response in relation to the questions raised in relation to the application of the abovementioned Articles. It therefore once again asks the Government to provide information on any measures taken or envisaged for the development of a system for the notification, investigation and documentation of industrial accidents and cases of occupational disease as recommended in the labour inspection audit, including legislative measures to determine the cases, conditions and the manner in which the labour inspectorate must be informed of industrial accidents and cases of occupational disease. The Committee also once again asks the Government to provide information and data on the preventive action taken at the request of the labour inspection services with a view to remedying defects observed in plant, layout or working methods which labour inspectors may have reasonable cause to believe constitute a threat to the health or safety of the workers, including the measures ordered with immediate executory force because of imminent danger to the health or safety of the workers, following a relevant request by the labour inspectorate.

Articles 2(1), 5(a), 10, 16, 19, 20, 21 and 23. Labour inspection reports as tools for evaluating and improving the operation of the inspectorate. The Committee notes the Government’s indications that it was not possible, due to the political situation in Yemen, until the elections in February 2014, to undertake labour inspections in the regions. It also notes that once the political situation in Yemen stabilizes, the MOSAL envisages the preparation of inspection plans and the collection of relevant statistics, in coordination with other relevant ministries. Referring to its previous direct request on the subject, the Committee asks the Government to identify the measures taken or envisaged with regard to the establishment of a national register of enterprises, as recommended in the 2009 ILO labour inspection audit referred to above. It once again asks the Government to take all the necessary steps to ensure that an annual inspection report is published and sent to the ILO within the time limits set by Article 20 of the Convention, containing the information required by Article 21(a)–(g).