Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Legislation. The Committee notes that the Labour Code of New Caledonia, Book VII (sections Lp. 711-1 to Lp. 731-2) of which is devoted to supervision of the application of the labour legislation, came into force on 1 May 2008. It codifies the labour law rules applying to New Caledonia. The Committee requests the Government to keep the Office informed of progress with the draft law (“loi du pays”) on occupational safety and health mentioned in its report.

Prevention of occupational risks. The Committee notes the information sent by the Government on the staff and resources of the labour inspectorate. It notes that measures to prevent and assess occupational risks have recently been taken, such as the organization of a forum bringing together numerous prevention specialists, employers and representatives of staff and unions, and the launching of a general discussion on protection against asbestos. The Committee requests the Government to continue to provide information on the work of labour inspectors and controllers in the area of health protection and safety.

Articles 20 and 21 of the Convention. Annual report on the work of the labour inspectorate. So that it can assess the operation and efficiency of the labour inspection system in New Caledonia, the Committee requests the Government to send the report on the work of the inspection service for 2007, which, contrary to what was announced, was not attached to the report on the application of the Convention.

Effective cooperation between the labour inspection services and the justice system. The Committee notes that in 2007 the labour inspection service conducted a study on the action taken on inspectors’ reports filed in 2005. Noting that according to the results of this study, 30 per cent of the cases were still under investigation in 2007 and that work is under way with the Public Prosecutor’s Office to facilitate an exchange of information between the latter and the inspectorate, the Committee can but encourage the Government to pursue its efforts in this area and to provide the means to improve follow-up of inspectors’ reports so as to ensure that the legal provisions on conditions of work and protection of workers are effectively applied.