Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 81) sur l'inspection du travail, 1947 - Sao Tomé-et-Principe (Ratification: 1982)

Autre commentaire sur C081

Observation

Demande directe

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Legislation. Labour Code of 2019. The Committee notes the new Labour Code adopted in 2019. It also notes the information provided by the Government concerning the organization of the Ministry of Employment and Social Affairs, as well as a reference to the Statute concerning the labour inspectorate. In this respect, the Committee notes the adoption of the General Labour Inspection Statute, by virtue of Decree-Law No. 7/2016.

Articles 4, 7, 10 and 11 of the Convention. Structure of the labour inspection system. Human and material resources available to the labour inspection services. Adequate training of labour inspectors. The Committee notes the information provided by the Government, in reply to its previous comments, that the labour inspectorate is an integral part of the Ministry of Employment and Social Affairs, which comprises the General Inspector, the Technical Guidance Section, the Industrial Accidents Section, the Working Conditions Inspection (WCI) Department, and the Occupational Safety, Hygiene and Health (OSH) Department. It notes that the WCI Department has one department coordinator, four technicians and two inspectors, and that the OSH Department has one department coordinator, four technicians, and one inspector. It also notes the information provided by the Government concerning means of transportation and office equipment. However, the Committee notes with concern the Government’s indication that inspectors’ lack of technical expertise and a shortage of financial resources hinder the work of labour inspectors. At the same time, the Committee notes that the 2018–21 Decent Work Country Programme (DWCP) identifies enhancing the capacities of labour inspection services as a key strategy to strengthening OSH and workplace compliance. Noting the limited number of inspectors, the Committee requests the Government to continue to provide information on the measures taken to ensure a sufficient number of labour inspectors to secure the effective discharge of the duties of the inspectorate, as required under Article 10 of the Convention. It also requests the Government to provide detailed information on the measures taken to provide adequate training to labour inspectors, so as to enable inspectors to perform their duties effectively and independently, including in the framework of the DWCP 2018–21. It requests in this respect information on the subject matter of training provided as well as the frequency, attendance and impact of such training. In the absence of information on the measures taken to give effect to Article 11(2) of the Convention, the Committee asks the Government to describe the procedure applicable for the reimbursement to labour inspectors of the transport and travel expenses incurred in the course of their duties.

Articles 5(a) and 21(e). Cooperation between the labour inspection system and the judicial system. The Committee notes the Government’s reference, in reply to its previous request, to a partnership between the labour inspectorate and the judicial system, which has already been envisaged by law. The Government indicates that the partnership aims to complement the inspectorate’s work and speed up the judicial proceedings. The Committee requests the Government to provide a copy of the legislation which envisages this partnership. It also asks the Government to provide information on the measures taken under the partnership and the impact of these measures on the effectiveness of the labour inspectorate’s actions, including how the partnership contributes to expediting judicial proceedings.

Article 6. Conditions of service of labour inspectors. The Committee notes the Government’s indication in response to the Committee’s previous request concerning measures to increase the wages paid to labour inspectors, that there has been a significant improvement in this respect, recognizing the need to update labour inspectors’ benefits. The Committee requests the Government to provide further specific information on the measures taken to improve the conditions of service for labour inspectors, including a copy of the current legislative text governing the recruitment, status, conditions and service of labour inspectors as well as on their current wage scales compared to public officers exercising similar functions, such as tax inspectors.

Article 14. Information on industrial accidents and cases of occupational disease. The Committee previously requested the Government to provide information on the procedures introduced to ensure that the labour inspectorate is informed of industrial accidents and cases of occupational disease. The Committee notes with interest that section 441(1) of the new Labour Code of 2019 requires employers to declare accidents and occupational diseases to the competent authorities and register them. It also notes the Government’s indication in response that a protocol with hospitals and health clinics exists, and that the labour inspectorate has adopted a set of instructions to be followed in the event of an industrial accident. Referring to its comments on the Occupational Safety and Health Convention, 1981 (No. 155), the Committee takes note of this information.

Articles 19, 20 and 21. Reports on labour inspection activities. In its previous comments, the Committee noted that no annual labour inspection reports had been received by the ILO. The Committee welcomes the Government’s indication in response that improvements will be made in the near future to enable the labour inspectorate to develop statistical data for transmission to the ILO. The Committee hopes that the Government will make every effort to ensure that an annual inspection report is developed, containing full information on the activities of the labour inspection services required by Article 21: (a) laws and regulations relevant to the work of the inspection service; (b) staff of the labour inspection service; (c) statistics of workplaces liable to inspection and the number of workers employed therein; (d) statistics of inspection visits; (e) statistics of violations and penalties imposed; (f) statistics of industrial accidents; and (g) statistics of occupational diseases.