Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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

Autre commentaire sur C081

Observation

Demande directe

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Articles 1 and 4 of the Convention. Organization of the labour inspection system. In its report, the Government indicates that the reorganization of inspection procedures with the establishment of the Centralized Labour Inspectorate (CLI) increased productivity and effectiveness. The Committee notes that more than 6,000 inspections are conducted every year by the Labour Inspectorate and that the rate of undeclared work has decreased from 15 per cent in 2017 to 10 per cent in 2021. The Government indicates that the CLI forwards a monthly report to the Department of Labour Relations (DLR) and the Department of Labour Inspection (DLI) to inform them of the establishments inspected and possible violations. The Committee requests the Government to continue to provide detailed information on the functioning of the labour inspection system, including on the cooperation and division of functions among the CLI, the DLI and the DLR.

Articles 10 and 16. Sufficient number of labour inspectors. Frequency of labour inspections and effective application of the relevant legal provisions. In its previous comments, the Committee requested the Government to provide information on the reasons for the decline in the number of inspections undertaken by the DLI and the increase in the number of occupational accidents reported between 2015 and 2018. The Government indicates that the increase in the number of accidents was related to the reactivation of the economy in 2016 following the end of the economic crisis which started in 2013. According to the Government, this resulted in the need to investigate more accidents, dedicating less time to regular inspections, which therefore resulted in a decrease in the total number of inspections. Furthermore, in 2018, there was a decrease in the number of field inspectors employed in comparison to 2015 (two inspectors less). The Committee notes with interest the information in the annual report of the DLI that the number of OSH inspections increased from 3,228 in 2018 to 6.037 in 2020 and 16.612 in 2021. It also notes a decline in the number of reported accidents from 2.168 in 2019 to 1.433 in 2021. The Committee requests the Government to continue to provide detailed information on the manner in which it ensures that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Committee requests the Government to provide information on the number of labour inspectors working in the DLI, the DLR and the CLI. It also requests the Government to continue to provide statistics on the number of inspection visits, accidents reported, the number of violations detected and the penalties imposed. With reference to its comment under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee also requests the Government to provide information on the number of cases of discrimination dealt with by the labour inspectorate.

Articles 5(a) and 18. Cooperation between the labour inspection services and the judiciary. Adequacy of penalties for violations. In reply to the Committee’s previous request, the Government indicates that the decrease in the number of penal cases concluded in the years 2015 to 2018, reflects those cases registered at the Court during the years 2013 – 2014, a period during which the labour market was severely affected by the economic crisis. It further indicates that the reduction in the number of contraventions of the Asbestos Regulations, lies in the fact that, during the previous years, all the asbestos cement sheets were removed from governmental buildings by licensed companies that fulfil criteria approved by the Chief Inspector. The Committee also notes the detailed information included in the annual reports of the DLI for 2019-2021 on the penalties imposed, the penal prosecution of employers regarding labour law violations and the imposed fines. The Government indicates that information on the amount collected in relation to fines charged after the conclusion of penal cases cannot be provided by the DLI, because this does not fall under its responsibilities. The Committee requests the Government to continue to provide information on the application of adequate penalties for violations of the legal provisions enforceable by labour inspectors. It also requests the Government to provide information on the nature and number of violations detected in the course of inspections and any subsequent penalties applied. It also requests the Government to provide information on any measures taken or contemplated to improve the system of notification to labour inspectors of court decisions concerning cases referred to the judiciary by labour inspectors, and the results of such measures.

Articles 20 and 21. Publication and communication to the ILO of annual reports on the work of the labour inspection services.The Committee notes that the annual reports of the DLI are available on its website for all years up to 2021 and include a detailed presentation of its activities as well as statistical data on all information required by Article 21 of the Convention, except for the number of workplaces liable to inspection and the number of workers employed therein. The Committee notes that no annual reports have been communicated regarding the activities of the DLR and the CLI. The Committee requests the Government to continue publishing and providing annual reports to the ILO on the activities of the labour inspectorate, including regarding the activities of the DLR and the CLI, and to ensure that they contain all the information required by Article 21, including information on the statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)).