Labour Inspection Convention, 1947 (No. 81) - New Caledonia

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the General Confederation of Labour-Force ouvrière (CGT-FO), communicated with the Government’s report.

Article 5(a) of Convention No. 81 and Article 12(1) of Convention No. 129. Cooperation between labour inspection services and other services or institutions exercising similar functions. The Committee notes that the CGT-FO reports that, with regard to seafarers, labour inspection is governed by the New Caledonian Maritime Affairs Service (SAMNC), a department under the Ministry of Sustainable Ecology, Development and Planning, and by the Government of New Caledonia. The Committee requests the Government to indicate how cooperation between the labour inspection services, under Pôle Travail of the Department for Labour and Employment (DTE), and the SAMNC, under the Ministry of Sustainable Ecology, Development and Planning, is ensured under the application of Article 5(a) of Convention No. 81 and of Article 12(1) of Convention No.129.

Effective cooperation between the inspection services and judicial bodies. The Committee notes, according to the Government’s information, that the National Anti-fraud Operational Committee (COTAF), responsible for defining the priority actions and procedures to be put in place to improve coordination in the fight against fraud relating to public finances, and against illegal labour was established through Order No. 205/2019 of 7 November 2019; that this Committee groups together State services (police, gendarmerie, tax administration, labour inspection, and so forth) and the New Caledonian Family Allowances and Occupational Accidents Fund (CAFAT); and that COTAF is an effective tool for labour-related matters and cooperation among these various services, particularly through the service of the Procurator’s Office. The Committee also notes that, since its establishment until the end of 2021, COTAF had led 14 inter-agency operations in the field, comprising inspections involving 1,305 persons and 443 workplaces; that 300 violations had been found; that the various regularizations, fines and penalties had collected almost 50 million CFP Francs; and that the inspections conducted by COTAF continued in 2022. The Committee notes, however, that in 2019 the number of reports resulting in legal and administrative proceedings fell significantly. The Committee also notes that the Government has not provided information on the actions taken with a view to effective cooperation between the inspection services and judicial bodies, nor on the results achieved in relation to the procedures initiated by the inspection services. The Committee requests the Government to provide detailed information on the actual state of the mechanisms of cooperation between the inspection services and judicial bodies, including data on the cases submitted to the courts by the inspectors, and their outcome.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Effective discharge of the duties of the inspectorate and inspections as often and as thorough as necessary. The Committee notes that, in its comments, the CGT-FO points to the difficulties in the recruitment of two new labour inspectors in 2019 and that it also expresses concern at the 31.09 per cent drop in enterprise inspections recorded between 2018 and 2019, considering that this could jeopardize the effective discharge of the duties of the labour inspection service. The Committee notes that, in the section on labour inspection, the DTE’s assessment for 2019 reveals several factors that account for the decrease: during the current year, the inspection units focused their efforts on inquiries into the dismissal of protected employees, namely into medical unfitness, and the priority handling of cases involving collective redundancies for economic reasons. The implementation of the new distribution of the inspection units’ intervention areas and training needs are other reasons that explain the decrease in the number of inspections. The Committee requests the Government to continue to provide statistics on inspections and, in this regard, it requests it to refer to the comment it makes under the application of Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Concerning the difficulties in the recruitment of labour inspectors noted by the CGT-FO, the Committee requests the Government to transmit its comments on this matter.

In addition, the Committee notes that a form for enterprises to enter their data has been created in the GEOREP geographic information portal, and that the labour inspectorate plans to set up an application similar to JIRA, which should allow for better knowledge sharing of documents from the moment they are created until they are signed. The Committee requests the Government to continue to provide information on the new means that ensure the effective discharge of the duties of the inspectorate.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate penalties. The Committee notes that, according to the Government’s information, the criminal report remains the main tool used by labour inspectors and controllers to record violations of the provisions of the Labour Code, but that criminal penalties are neither effective nor appropriate in cases of non-compliance with labour legislation. The Government indicates that, to improve the effectiveness of the labour law and the efficiency of the inspections, a reform is envisaged aimed at strengthening the powers of the labour inspectorate to facilitate the use of administrative penalties. The Government considers that this tool would have, through its simplicity and speed, a more substantial dissuasive and preventive effect. The Committee requests the Government to continue to provide information on any progress made towards the adoption of the reform to facilitate the use of administrative penalties in cases of violations found by labour inspectors and controllers and, where possible, on the nature, number and effectiveness of the administrative penalties imposed.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services. In its previous comment, the Committee noted that an electronic register of enterprises and workplaces was being developed and that no annual report had been received since 2009. The Committee notes that under section 6 of Order No. 2013-3295/GNC of 19 November 2013, establishing the powers and organization of the DTE, each labour inspection unit is in charge of entering content and updating the database to ensure the monitoring of the enterprises under its responsibility. The Committee notes that the Government has produced the 2019 assessment of Pôle Travail under the DTE, which groups together the labour inspection services and the occupational risk prevention service; and that this assessment identifies that applicable provisions and contains statistics on the number of inspections and interventions in enterprises, construction site inspections, warnings, work stoppages, criminal and administrative proceedings brought, and so forth. The Committee also notes that no assessment could be carried out in 2021 due to the health crisis and the resulting periods of lockdown. The Committee notes that the Government produced statistics on occupational accidents, commuting accidents and occupational diseases which were compiled by CAFAT for 2021. The Committee notes, however, that the DTE, in its capacity as a central body, has not published any general annual report. With reference to its general observation of 2010 on Convention No. 81, the Committee recalls that, when well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. Noting that many statistics are available, the Committee once again requests the Government to take the necessary measures to ensure that: (1) an annual report on the work of the labour inspection service is established by the DTE; (2) this report contains all the matters enumerated in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129; and (3) this report is published and transmitted to the Office within the timelines set out in Article 20 of Convention No. 81 and Article 26 of Convention No. 129.

Matters specifically relating to labour inspection in agriculture

Articles 18 and 22 of Convention No. 129. Activities of the labour inspectorate in the area of occupational safety and health (OSH). The Committee notes that the number of occupational accidents resulting in absence from work in agriculture and livestock is decreasing (145 in 2019, 142 in 2020 and 107 in 2021) but that it alone represents over half of the occupational accidents with absence from work in the wider sector of agriculture and fishing. In this regard, the Committee requests the Government to provide, in its next report, information on the number of violations of OSH provisions found by labour inspectors. The Committee also requests the Government to communicate information on the preventive measures taken by labour inspectors relating to OSH in the agriculture sector, including measures to reduce to a minimum the risks of occupational accidents, specifying those with immediate executory force, as well as the penalties imposed for the violations found.

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.

Articles 3(1)(a) and (b), and 13 of Convention No. 81, and Articles 6(1)(a) and (b), and 18 of Convention No. 129. Labour inspection activities in the area of occupational safety and health. The Committee notes the information provided by the Government in its report in reply to its previous comments concerning: (i) the role of labour inspection in relation to the obligation of employers to carry out an occupational risk evaluation (EVRP), through supervision of the updating or initiation of the EVRP by enterprises, as appropriate; (ii) preventive measures taken by the labour inspection services with a view to remedying defects observed in plant, layout or working methods; (iii) statistics of industrial accidents and cases of occupational disease, showing a reduction between 2007 and 2013; and (iv) the adoption of new legislative texts on health and safety on construction sites. The Committee notes this information.

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Labour inspection activities in the area of irregular employment. The Committee notes the indications provided by the Government in reply to its previous comment relating to the monitoring of foreign workers in an irregular situation in the agricultural sector, according to which New Caledonia is not affected by undeclared work in this sector. The Government adds that the labour inspection services do not have competence in the area of immigration, that in the context of the supervision of conditions of work the inspection services promotes the regularization of workers in an irregular situation and that no disputes relating to work by foreign workers have been brought to the knowledge of the labour inspection services. The Committee notes this information.

Articles 5(a), and 17 of Convention No. 81 and Articles 12(1), and 22 of Convention No. 129. Effective cooperation between the inspection services and judicial bodies. The Committee notes the information provided by the Government in reply to its previous request on the number of infringements recorded in 2014, the legal provisions concerned and the number of cases referred for prosecution or administrative action. It also notes the efforts made to improve cooperation between the inspection services and judicial bodies, including the organization of a meeting to draw up an assessment of the legal procedures initiated by the inspection services and their outcome in the courts. It further notes the difficulties encountered by the inspection services in obtaining information on the action taken on reports of infringements due, among other reasons, to the congestion of the judicial bodies. The Committee encourages the Government to continue making efforts to achieve effective cooperation between the inspection services and judicial bodies. It requests the Government to continue providing information on the action taken in this respect, and the results achieved in relation to the procedures initiated by the inspection services.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services. In its previous comment, the Committee noted that an electronic register of enterprises and workplaces was being developed. It also noted that no annual report had been received since 2009. In this regard, the Committee notes the Government’s indication that a register of enterprises and workplaces is still being developed. It once again notes that no annual inspection report has been received. However, the Committee notes that the Government’s report contains statistics on inspection activities (number of inspections of enterprises, number of infringements reported and the legal provisions concerned, compliance notices, criminal and administrative proceedings initiated, etc.). Noting that a large number of statistics appears to be available, the Committee once again requests the Government to take the necessary measures to ensure that an annual report containing the information envisaged on all the matters enumerated in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129 is published and transmitted to the Office. The Committee also requests the Government to continue providing information on the progress achieved in establishing an electronic register of enterprises by sector.

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Articles 3(1)(a) and (b) and 13 of the Convention. Labour inspection activities in the area of occupational safety and health. The Committee notes the information supplied by the Government to the effect that Decision No. 26 of 9 December 2009, which supplements territorial Act No. 2009-7 of 19 October 2009 on occupational safety and health and amends the Labour Code, defines the notions of danger and risk and requires employers to review, within a period of three years, the evaluation of risks to the safety and health of workers (provided for in the territorial Act), subject to a fine. This occupational risk evaluation (EVRP) has gradually been applied to enterprises since 2009, and as from 2013 these provisions will apply across the board to all enterprises. According to the Government, the abovementioned decision allows for labour inspectors to have access to the employer’s risk evaluation records. The Committee notes in this connection that the work of labour inspectors and controllers in the area of EVRP has been stepped up since 2011 and that their activities include both awareness raising and supervision. The Committee also takes note of the information on the various prevention campaigns, particularly the information campaign on the prevention of occupational risks in the building and public works (BTP) sector, which has a high rate of occupational accidents.

The Committee takes note of the detailed information supplied by the Government to the effect that, following the adoption of territorial Act No. 2009 7, labour inspectors have more extensive powers in the area of occupational safety and health and now have the authority to issue an enforcement notice (formerly the task of the Director of Labour and Employment) whenever they note a hazardous situation arising from failure to observe the occupational safety and health provisions (section Lp. 264-1 of the Labour Code). Labour inspectors also have authority to order the temporary stoppage of work in a greater number of instances of serious and imminent danger to the health and safety of workers (listed at section Lp. 264-8, as amended).

Lastly, the Committee notes the adoption of Decision No. 82 of 25 August 2010 on the protection of workers against dust from asbestos in the ground in mining, construction and public works activities. It further notes that other texts are in the course of being drafted or adopted, including a draft decision on coordination in BTP sites and a draft decision on the prevention of chemical hazards at workplaces.

The Committee would be grateful if the Government would provide details on the work done by the labour inspection services in the area of EVRP.

It also asks the Government to send information on the preventive measures taken by the inspection services to remedy defects observed in plant, layout or working methods (enforcement notices), including measures with immediate executory force (work stoppages) in the event of imminent danger to the health or safety of the workers.

Furthermore, the Committee requests the Government to keep the Office informed of any progress made in the adoption of occupational safety and health texts, and to provide copies of the relevant ones. It also requests it to provide a copy of Decision No. 26 of 9 December 2009, which the Government said was appended to its report, but which the Office has not received.

Lastly, the Committee requests the Government to provide statistical data on the impact of these measures in terms of preventing occupational accidents and cases of occupational disease and of improving safety and health conditions. Such information should be included in the annual reports of the labour inspection services.

Articles 5(a) and 17. Effective cooperation between the inspection services and judicial bodies. The Committee refers to its previous comments in which it noted the efforts made by the inspection services and the judicial authorities to facilitate an exchange of information and so improve follow-up on the reports prepared during inspection visits. The Government further indicates that regular meetings have been planned between labour inspectorate staff and the Public Prosecutor’s Office with a view to improving prosecution proceedings. In addition, training courses on criminal law have been provided for all control officers carrying out labour inspection duties, with a view to improving the quality of investigations and proceedings. The Committee requests the Government to continue to provide information on the activities conducted to improve cooperation between the labour inspection services and judicial bodies and on the results obtained. In this connection, it asks the Government to provide statistics of the number of infringements recorded, the legal provisions concerned, the number of cases referred to the courts and the outcome (nature of penalties applied, amount of fines, etc.). Such information should also be included in the annual reports on the work of the labour inspectorate.

Articles 20 and 21. Annual report on the work of the labour inspection service. The Committee notes the statistical information in the report on the inspectorate’s work for the period 2007–08 (showing the number of inspection visits, infringements, enforcement notices and reports, work stoppages ordered, etc.). The Committee observes, however, that the information is not very detailed and that some information is omitted from the report, in particular the data on occupational accidents and diseases (Article 21(f) and (g) of the Convention). The Committee furthermore notes that no annual report has been received by the Office for the years 2009, 2010, 2011 and 2012.

The Committee nonetheless notes from the documents enclosed by the Government (minutes of the Advisory Committee on Labour (August 2010) and the instructions on the supervisory policy of the labour inspectorate (November 2009)), that efforts are now being made to compile an electronic record of enterprises by sector of activity with a view to setting up a database for all the labour inspection services. It notes in this connection that, before the end of 2009, the various sections of the labour inspectorate were to compile a list of all the enterprises with more than 20 workers under their supervision in order to update the electronic file of enterprises. The latter was updated using the records of the Compensation Fund for Family Allowances, Occupational Accidents and Pensions for Workers (CAFAT), which contain relevant information. The Committee welcomes these efforts. It requests the Government to provide information on progress made in setting up an electronic record of enterprises by sector of activity.

Drawing attention to the importance of an annual report on the work of the labour inspection services as a tool for evaluating the operation of the labour inspection service and determining measures gradually to improve it, the Committee urges the Government to take steps to ensure that annual inspection reports are published and transmitted to the ILO within the time limits set under Article 20 of the Convention, and that they contain all the information required by Article 21(a)–(g). The Committee wishes to draw the Government’s attention to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), on the type of detail to be included in the annual inspection report.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Prevention of occupational risks. The Committee notes the information sent by the Government on the staff and resources of the labour inspectorate. It notes that measures to prevent and assess occupational risks have recently been taken, such as the organization of a forum bringing together numerous prevention specialists, employers and representatives of staff and unions, and the launching of a general discussion on protection against asbestos. The Committee requests the Government to continue to provide information on the work of labour inspectors and controllers in the area of health protection and safety.

Effective cooperation between the labour inspection services and the justice system. The Committee notes that in 2007 the labour inspection service conducted a study on the action taken on inspectors’ reports filed in 2005. Noting that according to the results of this study, 30 per cent of the cases were still under investigation in 2007 and that work is under way with the Public Prosecutor’s Office to facilitate an exchange of information between the latter and the inspectorate, the Committee can but encourage the Government to pursue its efforts in this area and to provide the means to improve follow-up of inspectors’ reports so as to ensure that the legal provisions on conditions of work and protection of workers are effectively applied.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Legislation. The Committee notes that the Labour Code of New Caledonia, Book VII (sections Lp. 711-1 to Lp. 731-2) which is devoted to supervision of the application of the labour legislation, came into force on 1 May 2008. It codifies the labour law rules applying to New Caledonia. The Committee requests the Government to keep the Office informed of progress with the draft law (“loi du pays”) on occupational safety and health mentioned in its report.

Prevention of occupational risks. The Committee notes the information sent by the Government on the staff and resources of the labour inspectorate. It notes that measures to prevent and assess occupational risks have recently been taken, such as the organization of a forum bringing together numerous prevention specialists, employers and representatives of staff and unions, and the launching of a general discussion on protection against asbestos. The Committee requests the Government to continue to provide information on the work of labour inspectors and controllers in the area of health protection and safety.

Articles 20 and 21 of the Convention. Annual report on the work of the labour inspectorate. So that it can assess the operation and efficiency of the labour inspection system in New Caledonia, the Committee requests the Government to send the report on the work of the inspection service for 2007, which, contrary to what was announced, was not attached to the report on the application of the Convention.

Effective cooperation between the labour inspection services and the justice system. The Committee notes that in 2007 the labour inspection service conducted a study on the action taken on inspectors’ reports filed in 2005. Noting that according to the results of this study, 30 per cent of the cases were still under investigation in 2007 and that work is under way with the Public Prosecutor’s Office to facilitate an exchange of information between the latter and the inspectorate, the Committee can but encourage the Government to pursue its efforts in this area and to provide the means to improve follow-up of inspectors’ reports so as to ensure that the legal provisions on conditions of work and protection of workers are effectively applied.

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Legislation. The Committee notes that the Labour Code of New Caledonia, Book VII (sections Lp. 711-1 to Lp. 731-2) of which is devoted to supervision of the application of the labour legislation, came into force on 1 May 2008. It codifies the labour law rules applying to New Caledonia. The Committee requests the Government to keep the Office informed of progress with the draft law (“loi du pays”) on occupational safety and health mentioned in its report.

Prevention of occupational risks. The Committee notes the information sent by the Government on the staff and resources of the labour inspectorate. It notes that measures to prevent and assess occupational risks have recently been taken, such as the organization of a forum bringing together numerous prevention specialists, employers and representatives of staff and unions, and the launching of a general discussion on protection against asbestos. The Committee requests the Government to continue to provide information on the work of labour inspectors and controllers in the area of health protection and safety.

Articles 20 and 21 of the Convention. Annual report on the work of the labour inspectorate. So that it can assess the operation and efficiency of the labour inspection system in New Caledonia, the Committee requests the Government to send the report on the work of the inspection service for 2007, which, contrary to what was announced, was not attached to the report on the application of the Convention.

Effective cooperation between the labour inspection services and the justice system. The Committee notes that in 2007 the labour inspection service conducted a study on the action taken on inspectors’ reports filed in 2005. Noting that according to the results of this study, 30 per cent of the cases were still under investigation in 2007 and that work is under way with the Public Prosecutor’s Office to facilitate an exchange of information between the latter and the inspectorate, the Committee can but encourage the Government to pursue its efforts in this area and to provide the means to improve follow-up of inspectors’ reports so as to ensure that the legal provisions on conditions of work and protection of workers are effectively applied.

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The Committee notes the Government’s report for the period ending September 2006 and the documents attached thereto.

1. Articles 1, 3, 4, 10, 11 and 16 of the Convention. Organization, operation and coverage of the labour inspection system. The Committee notes Order No. 2005-2591/GNC of 13 October 2005 establishing the responsibilities and organization of the Labour and Employment Directorate of New Caledonia. It notes with satisfaction the creation, pursuant to this Order, of a “labour dispute settlement and collective bargaining” division, which means that the activities of the labour inspectorate can now focus on its two main missions, namely the monitoring of compliance with labour legislation and the prevention of occupational risks, under the supervision of an assistant director from the team of labour inspectors. The Committee also notes with interest that the number of inspection officials, which increased in 2006, will be reinforced once again by two new inspectors and a medical inspector. The Committee asks the Government to continue providing information on the reinforcement of the number of inspection officials (inspectors and controllers), the creation of a division which, according to the report, is to be set up in the north of New Caledonia, the transport facilities made available to inspectors and the overall functioning of the inspection system.

2. Article 3, paragraph 1(b), Article 5(b), and Part II of the Labour Inspection Recommendation, 1947 (No. 81). Collaboration of the social partners with regard to occupational safety and health. The Committee notes with interest that the labour inspection service has drawn up a health and safety plan for
2006–08, in consultation with the social partners, the purpose of which is to promote health and safety in the workplace and prevent occupational hazards. It asks the Government to provide in its next report information on the implementation of this plan (consultations between the various actors involved in hazard prevention, development of legal standards, prevention campaigns and training activities).

3. Articles 20 and 21. Annual report on the work of the labour inspectorate. In reply to the Committee’s previous comments, the Government states that the information on inspection activities has not yet been consolidated, but that it hopes that the reinforcement of the number of inspection staff will allow this to be achieved. Nevertheless, the Committee notes with interest that the Government has been able to communicate, with its report, a table summarizing the activities carried out by the inspection service in 2005. It hopes that the Government will soon be able to develop a system for collecting information which will allow for the publication and communication to the Office, within the time frame specified in Article 20, of an annual report on labour inspection activities containing the information required on the subjects listed in Article 21, paragraphs (a) to (g).

The Committee would be grateful if the Government would also communicate the results of the inventory of construction enterprises and temporary employment enterprises which was to be drawn up in 2006, within the framework of the annual programme on the basis of which the sections of the inspection service perform their activities.

4. Draft consolidation of labour laws (Labour Code) and draft country law. The Committee asks the Government to indicate whether, as stated in its report communicated in 2006, the draft consolidation of the labour legislation applicable in New Caledonia and the draft country law allowing inspection officials to order the stoppage of work on a construction site have been adopted and, if so, to provide the Office with copies.

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The Committee notes with interest the information supplied in answer to its observation of 2001, the annual reports of the labour directorate for 2000 and 2003 addressing the subjects covered by the Convention, the legislation on the transfer of the labour inspectorate’s competence to the authorities of New Caledonia, and the practical implications of this transfer for the provisions of the Convention.

1. Strengthening the inspection system and cooperation in occupational safety and health. Development of statistics on occupational accidents and diseases. The Committee notes with interest that the staff of the inspection services has been strengthened by the recruitment of two inspectors, that inspections visits have increased, and that cooperation measures have been implemented between the inspection services, the judicial authorities, employers’ organizations and the CAFAT prevention service with a view to stepping up inspection of construction sites in order to prevent occupational accidents in this sector, which is particularly affected.

Noting that detailed statistics are available on occupational accidents and, in particular, occupational diseases, the Committee hopes that the Government will not fail to reduce identified occupational risks, not only by detecting and penalizing infringements but also, and especially, by providing training and information on activities that are potentially dangerous for health and safety, and that it will report to the Office on progress made.

2. Consolidation of information on inspection activities (Articles 20 and 21 of the Convention). The Committee notes the availability of the information required by the provisions of Article 21 of the Convention. It notes, however, that the sources of the information are spread over the documents of various competent bodies of the labour administration. It invites the Government to refer to paragraphs 272 ff. of its General Survey of 1985 on labour inspection, in which it points out that the publication and communication to the Office of an annual report on inspection activities serves both a national and an international purpose. It accordingly requests the Government once again to ensure that the central authority is able to consolidate the relevant information in a single document, in order to give full effect to Articles 20 and 21 of the Convention.

3. Preparation of a new Labour Code. Noting the information concerning the preparation of a draft Labour Code to update all the labour legislation, the Committee would be grateful if the Government would provide information on progress made in this respect and on any aspects of the planned legislation that concern the subjects covered by the Convention.

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The Committee notes the Government’s report and the replies to its previous comments.

The Committee notes that, under section 22 of Organic Act No. 99-209 of 19 March 1999 concerning New Caledonia, New Caledonia has competence in the field of labour law and the right to organize, as well as in labour inspection and foreigners’ access to work. Under section 25, New Caledonia exercises as of 1 January 2000, the competence accruing to it under the same Act and which it did not possess under Act No. 88-1028 of 9 November 1988 concerning statutory and preparatory provisions for the self-determination of New Caledonia in 1998. The Committee would be grateful if the Government would indicate whether the implementing decree provided for by section 98 of Order No. 85-1181 of 13 November 1985, as amended, concerning the guiding principles of labour law and the organization and functioning of the labour inspectorate and the labour tribunal has been adopted and, if so, to communicate a copy thereof.

According to the Government, the exercise in shared sovereignty (as inferred from the Noumea Agreements) takes the form of the establishment of a territorial executive known as the Government of New Caledonia, which will be responsible for organizing the labour inspection services, on the one hand, and establishing a territorial team of officials composed of labour inspectors and assistant labour inspectors, on the other. The Government points out that the State has undertaken to participate in the training of such staff, and that two officials of the territorial public service who already perform the duties of assistant inspectors, or even of inspectors, as well as two trainees, have received training between 1999 and 2000.

The Committee notes Decree No. 2362 of 11 October 1999 amending the Order concerning the establishment and organization of two labour inspection departments in the territory of New Caledonia. It also notes that, according to the Government, the distribution of competences geographically and by branch of activity between the inspectors (one for the town centre, one for the south of the Noumea peninsula, and one for the Ducos industrial area) reduces the number of inspection visits. The Committee would be grateful if the Government would provide information on the way in which the budgetary resources of the labour inspection service will be determined, as well as the human, material and financial resources which are necessary for the effective discharge of its functions pursuant to Articles 3, 10, 11, 12 and 16 of the Convention.

The Committee notes the statistics concerning inspection visits and the results of controls for 1999 and the first half of 2000. The Committee notes with interest that, according to the Government, the recommendations concerning greater collaboration between the labour inspectorate and the judicial authority for a correct application of penalties correspond to actual practice in 1998 and 1999 and are beginning to bear fruit (heavier penalties imposed, fewer cases closed). The Government indicates that detailed statistics of labour inspections are neither published nor communicated to trade union organizations and that only general information is supplied to them at meetings of the Labour Advisory Committee. The Government points out, however, that the statistical inadequacies concerning the annual report should diminish and, with respect to occupational accidents and diseases, it will be possible to produce a full statistical study for 1999. Referring to its previous observation, the Committee hopes that the Government will not fail to implement measures to ensure that the annual inspection report containing information on each of the subjects enumerated under Article 21, subparagraphs (a)-(g), of the Convention is published and transmitted to the ILO by the new central labour inspection authority within the time limits prescribed by Article 20 of the Convention.

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The Committee notes the Government's report and the annual reports of the labour inspection services for 1997 and 1998. The Committee draws the Government's attention to the following points.

Article 6 of the Convention. The Committee notes the information concerning the labour inspection personnel. It would be grateful if the Government would supply detailed information on the status and conditions of service of the four labour inspectors working on the territory and specify in particular if they are authorized to serve official notices in cases of infringements.

Article 16. The Committee notes that inspection visits are still becoming less frequent. It also notes that the sole criterion for determining the frequency of visits (number of employees) is not always relevant, and account should also be taken of the nature of the activity practised. Some activities practised in establishments with few employees may be of a dangerous character, calling for particular vigilance from the inspection services. Moreover, due to the small number of employees, workers' associations likely to request the intervention of the labour inspection services where needed, may not be constituted in some enterprises. The Committee would be grateful if the Government would indicate the number of visits carried out relative to the number of enterprises liable to inspection, the number of employees and the branch of activity.

Articles 17 and 18. The Committee notes the large reduction in the number of official reports of offences drawn up between 1997 and 1998 by the inspection services. It also notes that the statistics provided concern only regular visits, and not those made on receipt of complaints. The information that the insignificance of the fines imposed by the courts acts as a disincentive to the labour inspectors to submit official reports of offences, gives cause for concern on several fronts: firstly it removes the principal objective of fines, which is to dissuade employers from contravening the law; secondly, it reduces the authority and credibility of labour inspectors, both in respect of employers and workers; finally, workers are likely to cease denouncing the offences of which they are the first victims. Such a situation is liable to jeopardize the objectives of the Convention. It is therefore of particular importance that measures should be taken as soon as possible to ensure greater collaboration between the labour inspectorate and the judicial authority, for a correct application of the provisions of the Convention. The Committee requests the Government to take such measures as it considers appropriate in this connection and to transmit information on these measures as well as on progress achieved.

Article 20. The Committee requests the Government to state whether the annual inspection reports as submitted to the ILO are published within the time limits required under this Article, to indicate in what manner these reports are made available to the employers and workers as well as to their organizations, so as to allow the basic objectives of this provision, as set forth in paragraphs 272 and 273 of the 1985 General Survey by the Committee of Experts on labour inspection, to be attained.

Article 21. The Committee notes that the annual reports on inspection do not contain certain information indispensable to an adequate understanding of the situation of the fields covered. The statistics on establishments visited (d) should include statistics of workplaces liable to inspection (c) and should indicate a number of useful details as listed under (c) and (d) of Paragraph 9 of Recommendation No. 81 which supplements this Convention. As regards statistics of occupational accidents and diseases (Article 21(g) and (f)), they should be subdivided in the manner indicated in Paragraph 9(f) and (g) of the same Recommendation. The Committee would be grateful if the Government would take measures to ensure the correct implementation of this provision and hopes that the next annual reports of inspection will contain detailed information on the subjects mentioned above.

[The Government is asked to report in detail in 2000.]

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Articles 10, 11 and 16 of the Convention. The Committee notes with interest the information concerning the number of inspectors and the material and financial resources devoted to labour inspection, and the information on the frequency of regular inspection visits based on the number of workers employed in the undertakings liable to inspection. The Committee also notes that the significant fall in the number of inspection visits between 1995 and 1996 is explained by the absence of one labour inspector for more than one year, and hopes that the arrival of two new inspectors has made it possible, as the Government had hoped, to revitalize the activities of the inspection service. The Committee requests the Government to provide with its next report information on any progress made in this regard.

Articles 20 and 21. The Committee also notes with interest the statistical information on the subjects listed in Article 21, subparagraphs (b)-(f) for the years 1995 and 1996. However, the Committee notes that the annual inspection report for 1997 has not been received by the ILO, and hopes that future annual reports will be published and transmitted to the ILO within the time-limits specified in Article 20, so as to allow it to assess the progress made in the application of the Convention through reinforcement measures and the efforts announced by the Government to coordinate labour inspection staff and the activities of the inspection service.

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Article 3, paragraph 2, and Articles 10 and 16 of the Convention. The Committee notes the Government's report does not provide information on the manner in which the Convention is applied. The Committee recalls that the number of inspectors should be sufficient for the effective discharge of their duties so that workplaces are inspected as often and as thoroughly as is necessary (Articles 10 and 16). Please provide full particulars in this regard and include information on any additional duties entrusted to inspectors and whether such further duties interfere in any way with the effective discharge of their primary duties (Article 3, paragraph 2).

Articles 20 and 21. The Committee notes that since 1979 no labour inspection report for New Caledonia has been received. The Committee wishes to underline the importance it attaches to the preparation of these reports containing information on all the subjects enumerated in Article 21 and to their publication and communication within the time-limits set by Article 20 of the Convention, to enable it to determine whether the Convention is fully applied by the Government. Please provide full details.