Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Labour Inspection Convention, 1947 (No. 81) - Aruba

The Committee takes note of the Government’s report and of the replies to its previous comments and to the workers’ representatives’ observations concerning shortcomings in the labour inspection system. The Committee notes that, according to the Government, labour inspectors as a rule perform their duties properly but understaffing prevents them from systematically checking the effectiveness of their actions. The Government furthermore acknowledges that the level of the penalties incurred by employers is too low and needs to be adjusted. The Committee would be grateful if the Government would continue to provide information on any measures to increase the strength of the labour inspectorate and raise the level of penalties.

Further to the undertaking given in its report, the Government is asked to indicate what arrangements have been made to promote collaboration between the various departments involved in labour inspection (Article 5(a) of the Convention) and any steps taken to promote collaboration between officials of the labour inspectorate and employers and workers or their organizations (Article 5(b)).

The Committee observes that the reasons cited by larger enterprises to prevent inspectors from carrying out visits are not relevant and could fall within the scope of Article 18. As Article 12(1) of the Convention provides, labour inspectors should be entitled to enter freely all workplaces covered by the Convention and to carry out the inspection, even in the absence of the employer or his representative. The Committee would be grateful if the Government would take the necessary steps to this end and keep the Office informed of them.