Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Labour Inspection Convention, 1947 (No. 81) - New Caledonia

The Committee notes the Government’s report for the period ending September 2006 and the documents attached thereto.

1. Articles 1, 3, 4, 10, 11 and 16 of the Convention. Organization, operation and coverage of the labour inspection system. The Committee notes Order No. 2005-2591/GNC of 13 October 2005 establishing the responsibilities and organization of the Labour and Employment Directorate of New Caledonia. It notes with satisfaction the creation, pursuant to this Order, of a “labour dispute settlement and collective bargaining” division, which means that the activities of the labour inspectorate can now focus on its two main missions, namely the monitoring of compliance with labour legislation and the prevention of occupational risks, under the supervision of an assistant director from the team of labour inspectors. The Committee also notes with interest that the number of inspection officials, which increased in 2006, will be reinforced once again by two new inspectors and a medical inspector. The Committee asks the Government to continue providing information on the reinforcement of the number of inspection officials (inspectors and controllers), the creation of a division which, according to the report, is to be set up in the north of New Caledonia, the transport facilities made available to inspectors and the overall functioning of the inspection system.

2. Article 3, paragraph 1(b), Article 5(b), and Part II of the Labour Inspection Recommendation, 1947 (No. 81). Collaboration of the social partners with regard to occupational safety and health. The Committee notes with interest that the labour inspection service has drawn up a health and safety plan for
2006–08, in consultation with the social partners, the purpose of which is to promote health and safety in the workplace and prevent occupational hazards. It asks the Government to provide in its next report information on the implementation of this plan (consultations between the various actors involved in hazard prevention, development of legal standards, prevention campaigns and training activities).

3. Articles 20 and 21. Annual report on the work of the labour inspectorate. In reply to the Committee’s previous comments, the Government states that the information on inspection activities has not yet been consolidated, but that it hopes that the reinforcement of the number of inspection staff will allow this to be achieved. Nevertheless, the Committee notes with interest that the Government has been able to communicate, with its report, a table summarizing the activities carried out by the inspection service in 2005. It hopes that the Government will soon be able to develop a system for collecting information which will allow for the publication and communication to the Office, within the time frame specified in Article 20, of an annual report on labour inspection activities containing the information required on the subjects listed in Article 21, paragraphs (a) to (g).

The Committee would be grateful if the Government would also communicate the results of the inventory of construction enterprises and temporary employment enterprises which was to be drawn up in 2006, within the framework of the annual programme on the basis of which the sections of the inspection service perform their activities.

4. Draft consolidation of labour laws (Labour Code) and draft country law. The Committee asks the Government to indicate whether, as stated in its report communicated in 2006, the draft consolidation of the labour legislation applicable in New Caledonia and the draft country law allowing inspection officials to order the stoppage of work on a construction site have been adopted and, if so, to provide the Office with copies.