Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Labour Inspection Convention, 1947 (No. 81) - Madagascar (Ratification: 1971)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation which read as follows:

The Committee notes with interest the Government’s detailed replies to its previous comments. It also notes the organization in September 2004, under the direction of the ILO Regional Office in Antananarivo, in collaboration with the Government, and with the very active participation of representatives of the Government and of the social partners and non-governmental organizations concerned, of a series of events aimed at strengthening tripartism in the context of labour administration. The Committee notes in particular with interest: (i) the holding of a tripartite monitoring workshop focusing on the definition of a suitable methodological approach for carrying out a study concerning observance of the fundamental rights and conditions of work of workers in “free enterprises” (entreprises franches); (ii) a workshop for the validation of a study on forced labour and the adoption of a relevant plan of action; and (iii) a day of work focusing on labour inspection, which was attended not only by representatives of the Government and the social partners, but also by managers, inspectors (40 in service and 20 receiving training at the National School of Administration) and labour controllers. According to the information available to the ILO, the importance of the role of the labour inspection system was recognized by all categories of participants in the above meeting. In addition, the Committee notes with interest the existence of high-level competence in the labour administration, as well as the expression of a genuine political will on the part of the Government to set up an effective labour inspection system. It notes, however, that a critical lack of material and financial means is currently a major obstacle to achieving this objective.

The Committee notes that the imbalance between available resources and needs is accentuated even further by the extent of the duties and areas of competence of the labour inspection system pursuant to the legislation. Noting that a draft Labour Code is currently being promulgated, the Committee hopes that a copy will be sent to the ILO and that measures will be taken to ensure that the texts necessary for the application of its provisions in relation to the matters covered by the Convention meet the requirements of the latter, and that needs are covered in a progressive manner, in the light of available resources and priorities adopted, in all legislative areas which come under the competence of the labour inspectors. The above measures should be taken with regard to the following matters:

(i)     the principle functions of the labour inspection system (controls, technical advice and information and contributing towards improving the legislation covered by the Convention);

(ii)     methods and means of control and supervision by a central authority;

(iii)    measures promoting spheres of cooperation with other public and private institutions, as well as methods of collaboration with the social partners and the development of procedures for: (a) notifying the labour inspectorate of industrial accidents and occupational diseases; (b) making an inventory of workplaces which are legally liable to inspection; and (c) communicating judicial decisions handed down with regard to employers found guilty of contraventions;

(iv)    the status and conditions of service of labour inspectors;

(v)    enhancing and developing the competencies of labour inspection staff;

(vi)    the provision of appropriate logistical and financial means to services;

(vii)   the scope of inspectors’ powers and their obligations;

(viii)  the effective application of dissuasive sanctions with respect to those responsible for contraventions.

The Committee trusts that the Government will communicate to the Office practical and legislative information (acts, decrees, regulations, circulars and instructions) concerning the development of the labour inspection system vis-à-vis the provisions of the Convention and inform it of any measures taken, where appropriate, to obtain international financial aid for this purpose and of any difficulties encountered.