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

Labour Inspection Convention, 1947 (No. 81) - Malta (Ratification: 1965)

The Committee notes the Government’s report and the replies to its previous comments. It also notes the information contained in the annual reports for 1999 and 2000 of the Department of Industrial and Employment Relations on the activities of the labour inspection services, and the table of June 2001 on the categories of employment in the various sectors. It requests the Government to provide additional information on the following points.

Labour inspection and child labour. With reference to its previous comments on the labour inspection activities carried out in 1995 to detect abusive employment of children and young persons, and noting that 48 infringements regarding the employment of children were reported between June and September 1995, the Committee once again requests the Government to provide information on the measures taken against employers committing infringements and to ensure that information on this issue is regularly included in the annual report on the activities of the labour inspection services.

Articles 6; 7; 12, paragraph 1; and 13 of the Convention. The Committee notes that five officials in the general service of the Department of Industrial and Employment Relations carry out labour inspections relating to employment contracts and conditions of employment. The Government adds in its report that steps are also being taken to recruit six other inspectors on a contract basis by the end of 2001. The Committee emphasizes that, in accordance with the above Articles, labour inspectors should enjoy a status and conditions of service such that they are assured of stability of employment, they should be recruited on the basis of specific qualifications and should receive adequate training and should be entrusted with the powers of free entry and investigation, as well as powers of injunction with a view to securing the enforcement of the legal provisions that they are responsible for supervising, and it therefore requests the Government to indicate whether officials in the general service carrying out inspection functions and inspectors recruited on a contract basis respond to the criteria of aptitude required by the Convention and whether they are accorded the powers inherent in inspection duties, as set out in the instrument. If not, the Government is requested to take the necessary measures to this end and to keep the ILO informed of any progress achieved.

Article 12, paragraph 1(a). With reference to its previous comments and noting the Government’s explanations that it is the responsibility of inspectors to assess the reasonable nature of the time at which inspections should be carried out, the Committee would be grateful if the Government would take the necessary measures to ensure that the right of labour inspectors to enter freely workplaces liable to inspection can be exercised, on a legal basis, at any hour of the day or night, as required by this provision.

Articles 20 and 21. The Committee requests the Government to take the necessary measures to ensure the publication and communication by the central authority, within the time limits set out in Article 20, of an annual report prepared on the basis of the guidance provided by Part IV of Recommendation No. 81, which supplements the Convention.