Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 81) sur l'inspection du travail, 1947 - Mozambique (Ratification: 1977)

Autre commentaire sur C081

Observation

Demande directe

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Articles 3(1)(b) and 13 of the Convention. Preventive activities of the labour inspection services in the area of occupational safety and health (OSH), including measures with immediate executory force. The Committee notes that the Government refers in its report to the number of warning notices for education and guidance purposes issued by the labour inspectorate in 2020. Noting the absence of information on the measures with immediate executory force adopted by the labour inspection service, the Committee once again requests the Government to provide information on the application in practice as well as relevant statistical information in relation to section 12(m) of Decree No. 45/2009, providing labour inspectors with the authority to take measures with immediate effect, such as the suspension of all operations in the event of serious and imminent danger for life, safety and health of workers.

Article 6. Conditions of service of labour inspectors and legal protection of labour inspectors for initiating the necessary inspection procedures. The Committee previously noted that, in accordance with section 49 of Decree No. 45/2009 regulating the general labour inspectorate, a ministerial decree shall determine the qualifications for positions within the general labour inspectorate, as well as the career structure and remuneration of inspection staff. The Committee notes the Government’s indication that a Framework for Inspection Personnel is currently being formulated. The Committee further notes that, according to section 10 of Decree No. 19/2015 approving the Organic Statute of the General Labour Inspectorate and establishing new provisions, labour inspectorate personnel is governed by the civil service regime and by specific legislation applicable to the inspection. Noting the absence of information in this respect, the Committee once again requests the Government to specify the levels of remuneration and career prospects of labour inspectors in relation to other categories of public servants exercising similar duties, such as tax inspectors. The Committee further requests the Government to provide information on the developments in the process of adoption of the Framework for Inspection Personnel, and to provide a copy of any text implementing section 49 of Decree No. 45/2009 and section 10 of Decree No. 19/2015.

In addition, the Committee previously noted that: (i) section 36(1) of Decree No. 45/2009 provides for the rights granted to labour inspectors when they are subject to legal proceedings with regard to their actions taken in the course of their duties (attorney’s fees, costs of litigation, transport costs, etc.) and (ii) section 36(3) of the same Decree, provides that labour inspectors have to reimburse the relevant costs incurred by the labour inspectorate where the court finds that labour inspectors have committed an individual or procedural error. Noting the absence of information in this regard, the Committee once again recalls the importance of guaranteeing labour inspectors’ working conditions to ensure their independence from any improper external influences. Therefore, the Committee urges the Government to provide detailed information on the application in practice of section 36, including on proceedings initiated against labour inspectors over recent years (offences alleged, legal provisions invoked, duration of the proceedings, etc.) and their outcomes.