Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Labour Inspection Convention, 1947 (No. 81) - Belarus (Ratification: 1995)

The Committee notes the Government’s reports and the replies to its previous comments. It draws the Government’s attention to the following points.

Article 3, paragraph 1(b), of the Convention. The Committee observes that labour inspectors do not appear to have responsibility for the function referred to in this provision, namely supplying technical information and advice to employers and workers concerning the most effective means of complying with legal provisions. The Committee points out that this function is one of the means available to labour inspectors to fulfil their preventive duties and create a climate conducive to a concerted endeavour to meet the objectives of the Convention. The Committee would therefore be grateful if the Government would ensure that effect is given to this important provision of the Convention, and keep the Office informed of progress in this area.

Articles 6, 7 and 11. With reference to its previous comments on the conditions of service, qualifications and working facilities of labour inspectors, the Committee notes with concern that the economic and financial situation has led to an exodus of staff from the inspection services towards better paid jobs in other sectors. It further notes that to inspect establishments a long way from their base, inspectors have to rely on transport provided by the employers concerned. The Committee observes that inspections under these conditions cannot be as effective as visits which are unannounced, and labour inspectors cannot carry out their duties with the necessary mobility and independence. In the Committee’s view, in the absence of appropriate budgetary decisions under which the inspection services can be given the human and material resources they need to carry out their many and complex tasks in full independence, the mission conferred by the Convention on the labour inspection system cannot be fulfilled. Accordingly, it is essential that measures be taken rapidly to ensure that the portion of the national budget earmarked for labour inspection covers the needs of the inspectorate so that it can offer pay and working conditions able to attract and maintain in the profession staff who are competent and have the necessary independence. The Committee would be grateful if the Government would provide information on measures that have been taken for this purpose and to report on progress made.

Articles 20 and 21. The Government indicates that no specific report has been drawn up on labour inspection activities but that relevant information is to be found in the annual report on the application of the labour and occupational safety and health legislation submitted to Parliament in February. The Government does not indicate whether the report has been published. The Committee points out that, according to the Convention, the central inspection authority has responsibility for publishing and sending to the International Labour Office an annual general report on the work of the inspection services under its control in the form and within the time limits set in Article 20, containing the requisite information on each of the items listed in Article 21(a) to (g). One of the purposes of publishing such a report is to inform the social partners and any other interested parties and to elicit a reaction from them. The purpose of sending the report to the Office is to provide the Committee with the information it needs in order to assess the extent to which the Convention is applied and to engage in a dialogue with the Member with a view to making improvements. The Committee requests the Government to provide a copy of the most recent report available on the application of the labour and occupational safety and health legislation, and to take the necessary steps to enable the central inspection authority to fulfil this obligation.