Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Labour Inspection Convention, 1947 (No. 81) - China - Macau Special Administrative Region (Ratification: 1999)

The Committee notes the information provided by the Government in response to its previous comments and the documents attached in the annex. It draws the Government’s attention to the following points.

Articles 3, 10 and 11 of the Convention. According to the Government, the current number of inspectors (38) is insufficient in view of the extent of their areas of competence (health and safety, conditions of work, foreign workers and illegal work) and their responsibilities towards the police and courts. Noting that it is planned to strengthen their numbers by the recruitment and training of 22 new inspectors during the second half of 2004, the Committee would be grateful if the Government would provide information on the follow-up to this project and on any other measure taken or contemplated in order to strengthen the human, financial and logistical resources of the labour inspection services.

Article 7. While noting with interest Order 31/2004 of 19 February 2004 of the Secretary for Economic and Financial Affairs concerning new training regulations for inspectors of the Department of Labour and Employment Services (DSTE), the Committee would be grateful if the Government would indicate the measures taken to ensure in-service training for labour inspectors.

Article 8. The Committee requests the Government to indicate the proportion of women within the inspectorate at each level of responsibility and to indicate whether, in practice, preference is given to assigning them special tasks in certain areas of activity.

Article 12. The Committee notes that, under section 24(1)(a) of Legislative Decree No. 60/89/M of 18 September 1989 regulating the labour inspectorate, labour inspectors may visit workplaces that are liable to inspection, on their own initiative, at the request of the interested parties or to follow up information provided by third parties. The Government is requested to provide further information on the manner in which effect is given to the provisions of this Article concerning inspectors’ right of free access, without previous notice, at any hour of the day or night in any workplace liable to inspection (paragraph 1(a)) and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection (paragraph 1(b)). The Committee would be grateful if it would provide a copy of any relevant text or take the necessary steps to bring the legislation into conformity with the Convention for this purpose, if appropriate, and to keep the ILO informed of any development in this respect.

Article 12, paragraph 1(c)(iv). The Committee requests the Government to ensure that, in accordance with this provision, labour inspectors shall have legal authorization to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples of substances taken or removed for this purpose.

Article 15. Noting that a draft revision of the labour inspection regulations is under way and that it is planned to introduce provisions to give effect to paragraphs (b) and (c) of this Article, and also noting that the prohibition on inspectors having a direct interest in the enterprises placed under their control is already implicit in the current wording of section 29 of the said regulations. The Committee is of the opinion that the opportunity afforded by the revision of this text should be taken to supplement this provision by prohibiting the staff concerned, and in any case the inspection staff, from having any direct or indirect interest in the undertakings under their supervision (paragraph (a)). The Committee hopes that measures will be taken to this end and that the Government will not fail to keep the ILO informed of any progress in this regard and to communicate a copy of the definitive text once it is adopted.

Article 18. While noting that, according to the Government, sanctions provided for by the legislation are appropriate and sufficiently dissuasive, an opinion which is illustrated by the number of contraventions which were voluntarily suppressed by the persons responsible for them in 2002, the Committee invites the Government to envisage the setting up of a procedure for revising the amount of fines in order to retain their dissuasive effect, notwithstanding any monetary fluctuations, and to keep the ILO informed of any development in this regard, where appropriate.

Articles 20 and 21. While noting the 2002 activity report of the Department of Health and Safety at Work, the Committee notes that no annual report on the activities of the Labour Inspection Department has been communicated since the year 2000. The Government is requested to ensure that the information required by paragraphs (a) to (g) of Article 21 on the annual activities of the labour inspectorate is communicated to the ILO, in all the areas covered and within the time limits prescribed by Article 20.