Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 81) sur l'inspection du travail, 1947 - Tunisie (Ratification: 1957)

Autre commentaire sur C081

Observation

Demande directe

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The Committee notes that a representation under article 24 of the ILO Constitution was submitted to the Governing Body by the Union of Labour Inspectors, alleging non-compliance by Tunisia with the Labour Inspection Convention, 1947 (No. 81). At its 340th Session (October–November 2020), the Governing Body decided that it was receivable and to designate a tripartite committee for its examination (GB.340/INS/19/3, paragraph 5). The Committee notes that the allegations contained in the representation refer to Articles 6, 10 and 11 concerning the conditions of service and independence of inspectors, the number of inspectors, and financial and material resources. In accordance with its usual practice, the Committee has decided to defer the examination of this issue until the Governing Body adopts its report on the representation.

Articles 14 and 21(f) and (g). Statistics of occupational accidents and cases of occupational disease. In its previous comments, the Committee noted that employers are required to report an occupational accident or case of occupational disease within three working days of the date on which it was notified to them, in accordance with section 63 of Act No. 94-28 of 21 February 1994. It requested the Government to ensure that, in future, annual inspection reports contain statistics of occupational accidents and cases of occupational disease. The Committee notes the Government’s indication that the Directorate General of the General Inspectorate of Labour and Conciliation issued a memo to all the heads of the regional divisions inviting them to send to all enterprises under their monitoring duties reminders of the obligation to report industrial accidents and cases of occupational disease and highlighting the importance of such information. In addition, the Committee notes the statistical information provided in the 2017 report of the Labour Inspectorate concerning the number of industrial accidents and cases of occupational disease, as well as the available statistics of the National Health Insurance Fund in 2018.

Articles 5(a), 17 and 18. Action taken on unheeded notices and on reports. Further to its previous comments, the Committee notes the Government’s indication that the power to report a violation by submitting a statement lies with labour inspectors under section 177 of the Labour Code. It notes that, upon receipt of the report of the violation, the president of the court of first instance decides on its transmission to police officers, who conduct an investigation to ascertain the truth of the facts but who, according to the Government's indication, have no knowledge of labour law in most cases. The Government indicates that communication regarding follow-up by the courts to criminal proceedings initiated by labour inspectors remains unpredictable, despite the inspectors’ efforts. The Committee notes that, according to the information contained in the 2017 report of the Labour Inspectorate, further to the 18,297 inspections conducted in 2017, 3,114 employers were issued written warnings with 24,363 violations identified, and 526 reports were drawn up, covering 3,183 violations. The Committee requests the Government to intensify its efforts to strengthen cooperation among the Labour Inspectorate, the police and the judiciary in order to ensure that penalties are effectively enforced. The Committee also requests the Government to provide information on the follow-up to the reports of violations submitted, specifying the outcome and, where relevant, the fines or other penalties applied and to include this information in the annual report, in accordance with Article 21(e) of the Convention.

Article 21(c). Set up a register of workplaces liable to inspection. In its previous comments, the Committee noted that statistics on workplaces liable to labour inspection and the number of workers they employ were not available. The Committee notes the Government’s indication in its report that the services of the Ministry of Social Affairs are compiling a database containing this information. The Committee requests the Government to continue its efforts to compile a database containing statistics on workplaces liable to inspection and the number of workers they employ. It also requests the Government to communicate these statistics and to ensure that such information is presented, in the future, in the annual report of the Labour Inspectorate.

Articles 20 and 21. Preparation and communication of an annual report on the work of the inspection services. The Committee notes the 2017 annual report of the Labour Inspectorate provided by the Government in 2019. The Committee requests the Government to continue transmitting the annual report of the Labour Inspectorate to the ILO. It also requests the Government to provide information on its publication, in accordance with Article 20(1).