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

Convention (n° 81) sur l'inspection du travail, 1947 - Angola (Ratification: 1976)

Autre commentaire sur C081

Observation

Demande directe

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Article 3(2) of the Convention. Additional functions assigned to labour inspectors. 1. Mediation. The Committee previously noted that section 275 of the General Labour Act entrusted labour inspectors with the function of mediating disputes between employers and workers. The Committee notes that mediation is also identified as a function of inspectors in the new Organization Statute of the Labour Inspectorate (Presidential Decree No. 90/22 of 18 April 2022). The Committee further notes the information in the periodic reports “Zero Risk” published by the General Labour Inspectorate (IGT), that in 2021, the labour inspectorate received 5,989 requests for mediation of labour disputes (of which 3,401 mediation procedures were carried out), and 5,718 such requests in 2019, compared with 4,454 requests in 2016. The Committee recalls that in accordance with Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, as defined in Article 3(1). Noting the increasing number of requests for mediation of labour disputes, the Committee requests the Government to provide information on the measures taken to ensure that additional duties assigned to labour inspectors, such as mediation, are not such as to interfere with the effective discharge of their primary duties, and in that regard once again requests the Government to provide information on the time and resources of the inspection services spent on mediation, in relation to their primary duties as defined in Article 3(1) of the Convention..

2. Immigration. Following its previous comments, the Committee notes the Government’s indication that one of the tasks of the labour inspectorate isto monitor compliance with the provisions concerning the employment of non-resident foreign nationals. It notes that this is identified as a function of the inspectorate provided for in section 6(g) of the Organization Statute of the Labour Inspectorate (No. 90/22). In this respect, the Committee notes the detailed information in the periodic reports Zero Risk on the number of foreign workers covered by inspections, disaggregated between residents, non-residents and refugees. Consequently, the Committee once again requests the Government to provide further information on the specific role of labour inspectors with regard to the monitoring of the immigration status of foreign workers.

Articles 6, 10 and 11(1)(a) and (b). Human and financial resources, means of action and transport facilities available to the inspection services. The Committee notes the Government’s indication, in response to the Committee’s previous request, concerning transport facilities that: (i) ten new vehicles were recently purchased for use by the provincial inspectorates; (ii) fuel cards were issued to provincial inspection services; (iii) the vehicles' periodic inspections and repairs are covered by the central labour inspectorate; and (iv) subsistence allowances are provided to inspectors conducting inspections in remote municipalities. The Committee also notes that, pursuant to section 11(b) of the new Labour Inspection Statute, adopted by the Presidential Decree No. 80/22 of 11 April 2022, inspectors are entitled to free public transport while on duty upon the presentation of their credentials. The Committee further notes the information in the Government’s report that there are currently 257 inspectors for the country as a whole (compared to 277 noted in 2020), including 52 directors (56 in 2020), 125 senior technical inspectors (130 in 2020), 62 technical inspectors (69 in 2020) and 18 are deputy inspectors (22 in 2020). Noting the decline in the number of inspectors across all categories, the Committee requests the Government to provide information on the reasons for this decline as well as information on any measures taken to ensure that there is a sufficient number of inspectors for the discharge of the IGT’s functions.The Committee also requests the Government to continue to provide information on the total number of labour inspectors, as well as their grades and geographical distribution by province. Lastly, the Committee once again requests the Government to provide information on the conditions of service of labour inspectors, particularly related to remuneration (including salary and benefits) and career prospects, in comparison to public servants exercising similar functions within other government services, such as tax inspectors and police.

Articles 9, 14 and 21(g). Notification to the labour inspectorate of industrial accidents and cases of occupational disease. The Committee previously noted that section 16 of Decree No. 31/94 of 5 August 1994 on the occupational safety, hygiene and health system required employers to notify the IGT of industrial accidents and cases of occupational disease. It observed that labour inspection reports contained information on occupational accidents, but not on occupational diseases.

The Committee notes that, pursuant to the Organizational Statute of the Labour Inspectorate (No. 90/22), the former Occupational Safety and Health Centre (CSST) was eliminated, and its staff were incorporated into the Department of Occupational Safety and Hygiene and the Department of Occupational Health. It notes that pursuant to section 16(2)(h) of the Statute, the Department of Occupational Safety and Hygiene has the function of organizing the collection, analysis and recording of occupational accidents and cases of occupational diseases. The Committee further notes that while the periodic report Zero Risk includes information about the number of occupational accidents, disaggregated by sector, it does not include information on the detection or notification of any cases of occupational disease. The Committee requests the Government to provide information on the impact of the re-organization of the labour inspectorate on the monitoring of occupational safety and health. The Committee also requests the Government to take measures to ensure that future reports of the IGT contain statistical information on cases of occupational disease, in conformity with Article 21(g).

Article 12(2). Notification of the presence of inspectors. The Committee notes that section 22(b) of the Organizational Statute of Labour Inspection No. 79/2015 provided that during an inspection, IGT personnel shall inform the employer or their representative of their presence, unless such notice would hinder the effectiveness of the inspection. Statute No. 79/2015 was repealed by the Organizational Statute of the Labour Inspectorate (No. 90/22). The Committee notes that while section 26(b) of the new Statute provides that inspectors shall inform the employer or their representative of their presence, the Statute does not refer to the possibility of forgoing this notification if the inspector considers that it may be prejudicial to the performance of their duties, as required by Article 12(2) of the Convention.The Committee requests the Government to provide information on the measures taken to give effect to Article 12(2) of the Convention, to allow inspectors the possibility of not notifying the employer of their presence should they consider such a notification to be prejudicial to the performance of their duties.

Article 16. Adequacy and frequency of labour inspection visits. The Committee notes the information published by the IGT in the periodic reports Zero Risk indicating a significant increase in the number of inspections undertaken (from 5,461 in 2019 to 9,088 in 2021), as well as in the number of violations detected (from 16,859 in 2019 to 32,473 in 2021). The Committee requests the Government to provide information on the impact of the increase in the number of inspections on the enforcement of the legal provisions relating to conditions of work and the protection of workers, as well as more specific information on the nature of the violations detected, and to continue to provide information on the number of inspections undertaken and the number and nature of violations detected in the course of these inspections, as well as on the outcome of the inspections.

Articles 20 and 21. Publication and communication of an annual report on labour inspection. The Committee welcomes the detailed information on the activities of the IGT published in the periodic reports Zero Risk, available on the website of the IGT. The Committee requests the Government to continue its efforts to publish periodic reports on the activities of the IGT, and to take measures to ensure that they are transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.