Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 81) sur l'inspection du travail, 1947 - République arabe syrienne (Ratification: 1960)

Autre commentaire sur C081

Observation

Demande directe

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Follow-up given to the recommendations made in the 2010 needs assessment on labour inspection. The Committee previously noted that the Government had expressed its firm intention to follow up on the recommendations made in the labour inspection needs assessment conducted by the ILO in 2010, and that some of these recommendations had already been taken into account in a number of provisions of the Labour Code, No. 17/2010 adopted in 2010. The Committee notes that these recommendations concern the effectiveness of the labour inspection system and should, once implemented, improve the application of the principles contained in the Convention.

In this regard, the Committee notes that some of the measures taken that the Government refers to in its report give further effect to some of the recommendations made in the 2010 needs assessment.

1. Adoption of regulations implementing the Labour Code, No. 17/2010. The Committee previously requested the Government to provide a copy of any implementing texts provided for under the 2010 Labour Code. In this regard, the Committee notes the Government’s reference to a number of decisions implementing different sections of the Labour Code. It notes, in particular, Decision No. 19 of 2010 in application of section 250 of the Labour Code containing regulations on labour inspection. The Committee will examine these regulations once a translation is available.

The Committee also notes Decision No. 25 of 2010 giving effect to section 249(e) of the Labour Code, and containing sample forms for labour inspection in the areas of labour conditions and occupational safety and health. In this context, the Committee recalls that the 2010 labour inspection needs assessment found that the checklist used by labour inspectors was too concise to provide labour inspectors with the minimum information required for labour inspection, leading to poor quality inspections and resulting in the most important issues remaining uncovered.

2. Articles 4 and 5 of the Convention. Labour inspection structure and organization. The Committee notes the Government’s indications that the Ministry of Social Affairs was separated from the Ministry of Labour by virtue of Legislative Decree No. 150 of 2013. It further notes that, according to the Government, the new organizational structure of the Ministry of Labour provides for an independent Directorate for labour inspection (under the former structure, labour inspection was organized as a unit within a directorate). It notes the Government’s indications that these changes will result in significant developments with regard to labour inspection. In this regard, the Committee recalls the recommendations in the 2010 labour inspection needs assessment that a large independent institution, integrating most labour inspection services, was considered the best option for the structure and organization of labour inspection.

3. Articles 5(a), 20 and 21. Establishment of a database containing information on the number of workplaces liable to inspection as well as data on labour inspection to facilitate the preparation of annual labour inspection reports. The Committee notes the Government’s indications that work is under way to establish a modern database containing inspection data with a view to preparing the annual reports on labour inspection. It notes that the Government indicates that, once the crisis subsides, this database will be further developed so as to include full data on workplaces which are unavailable in view of the current situation.

The Committee requests the Government to continue to provide information, where applicable, on the progress made in the implementation of the recommendations of the 2010 labour inspection needs assessment, with a view to giving full effect to the abovementioned provisions of the Convention.