Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Labour Inspection Convention, 1947 (No. 81) - France (Ratification: 1950)

With reference to its observation, the Committee notes the information provided by the Government in reply to its previous comments.

Article 13 of the Convention. The Committee notes the detailed information provided concerning the judicial and administrative procedures which give effect to the provisions of this Article in the event of danger to the safety and health of workers. It notes that a working group established at the end of 2000 by MICAPCOR, composed of representatives of the Ministry of Justice and of the central administration of the decentralized services of the ministry responsible for labour, has been entrusted with preparing, in close collaboration with the Ministry of Justice, new procedures for reporting violations. The Committee would be grateful if the Government would provide information on the outcome of the work of this group, and on any measure taken as a result.

Article 15. Noting that the legislation does not provide for exceptions to the principle of confidentiality as to the source of complaints, the Committee wishes to emphasize that the absolute nature of confidentiality may be limited by national legislation, as indicated in the introductory part of this Article. It is for each Member which has ratified the Convention to determine, in national laws or regulations, the exceptions which it intends to make to the obligation of confidentiality required of labour inspectors with regard to the sources of any complaint giving rise to an inspection, taking into account the purpose of the provision, namely the protection of employees making complaints against any reprisals by the employer. The Committee therefore hopes that the Government will be able to take, in the light of the above, appropriate measures to supplement the national legislation with provisions determining exceptional situations in which, if necessary with the agreement of the worker concerned, labour inspectors may be released from the prohibition upon revealing the identity of the latter.

Article 16. The Committee notes that, according to the Government, the number and frequency of inspections is well below the standards established in this respect in 1972. At the pace recorded in 1999, workplaces with 50 employees are inspected every four years, while those with under 50 employees are inspected every 14 years. The Government indicates that, according to the conclusions of a working group set up in 2000 to review the situation of labour inspection units, the maximum interval between inspections should be limited to five years for workplaces with fewer than 50 employees and three years for workplaces with over 50 employees. The Committee would be grateful if the Government would provide information on any measure taken to improve the situation and to ensure, as envisaged by this Article of the Convention, that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions subject to the supervision of the labour inspectorate.

Articles 20 and 21. The Committee notes the obstacles preventing the preparation of an annual report in accordance with these provisions. It notes that the situation deteriorated further in 2000-01 as a result of protest action by labour inspectors who, in support of their claims for the improvement of their status, no longer provide statistics on inspections. However, the Government states that the computer services are currently working on the development, by 2003-04, of a labour inspection computer system called the Labour Information Network System (SITERE). The Committee hopes that this project will achieve the expected results and that an annual inspection report containing reliable information on each of the subjects enumerated in Article 21 will be published and transmitted to the ILO within the time limits prescribed by Article 20.