Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Repetition

Legislation. The Committee notes that, according to the Government, the Ministry of Manpower (MOM) and the Central Provident Fund Board (CPFB) are in the process of amending the Employment Act (EA) and the Central Provident Fund Act (CPFA) to increase penalties and powers of inspectors. It also notes with interest the information on the launch of the WorkRight initiative in November 2012 to enhance compliance with the EA and the CPFA. The Committee requests the Government to indicate the specific provisions of the amended legislation giving effect to the Articles of the Convention, and to communicate copies of these texts once adopted.

Furthermore, the Committee would be grateful if the Government would provide more information on the WorkRight initiative and on its impact on the protection of workers while engaged in their work. In particular, noting that the WorkRight initiative includes, inter alia, measures to educate workers on their employment rights, the Committee would be grateful if the Government would indicate if any measures have been taken within the framework of this initiative to inform foreign workers of their statutory rights, regardless of their employment status.

Article 4 of the Convention. Supervision and control of the central authority. With reference to the application of Articles 10 and 16 of the Convention, the Government indicates that, between 2012 and 2013, the number of inspectors increased from 26 to 35, and that 20 outsourced inspectors from the WorkRight inspection team have been trained to conduct labour inspections. The Government also indicates that, following the extension of the coverage of the Workplace Safety and Health Act to all workplaces, it engaged a third party agency, the Auxiliary Enforcement Agency (AEA), with a view to extending the MOM’s enforcement efforts. The Committee also notes that, according to the Government, in 2012, the MOM carries out 6,000 inspections in high-risk sectors, while the AEA inspected 11,000 lower-risk workplaces. The Committee requests the Government to provide detailed information on the legal basis on which the AEA operates, the administrative organization, the number and status of the AEA staff carrying out inspection duties, their powers, obligations and operating procedure, as well as the manner in which the AEA reports to and is supervised by the central labour inspection authority.

Article 7(3). Training for labour inspectors. The Committee would be grateful if the Government would provide information (for example: content, duration, frequency and number of participants, etc.) on initial and further training provided to labour inspectors for the performance of their duties.

Article 12(1). Investigation powers and the right of free access of labour inspectors to workplaces. The Committee notes the information on the Government’s intention to empower labour inspectors to enter workplaces without previous notice and that legislative changes in this respect are expected to be made in 2014. The Committee requests the Government to keep the Office informed of any legislative developments in this respect and to communicate a copy of the new legislation once adopted.

Articles 20 and 21. Publication and content of an annual report. The Committee notes that, according to the Government, the MOM’s integrated Occupational Safety and Health System provides a picture of OSH profiles of workplaces and workers employed therein. It also notes the annual reports of the Occupational Safety and Health Division and the Workplace Safety and Health Council (WSH) annual reports, which both focus on OSH matters. The Committee requests the Government to continue to take the necessary measures to ensure the fulfilment by the central inspection authority of its obligation to publish and transmit to the ILO an annual report dealing not only with OSH, but with all the subjects listed in Article 21(a)–(g) of the Convention. It draws the Government’s attention to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), concerning the type of information that should be included in labour inspection reports.