Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Labour Inspection Convention, 1947 (No. 81) - France (Ratification: 1950)

The Committee refers the Government to its observation and draws its attention to the following point.

Articles 3(1)(a) and (b), 5(a), 13 and 17 of the Convention. Necessary balance between an informative/advisory approach and the use of coercive authority by labour inspectors to enforce the legislation. Cooperation with judicial bodies. The Committee notes the Government’s statement that it regards the provision of information and advice on safety and health as an important duty. The Government mentions, however, that the relatively low number of violation reports actually written and transmitted is a problem, in particular because the risk of a penal sanction must remain credible. In the Government’s view, it is advisable to pursue efforts to improve coordination between the labour inspectorate and public prosecutors in the interests of gaining precise knowledge of the fate of proceedings instituted. The Committee nonetheless notes in this connection that in 2009, the number of violation reports concerning offences relating to illegal work was still very high in comparison with the number of violation reports relating to occupational safety and health matters (37.5 per cent and 30 per cent, respectively), yet the former relate to a duty which is not among the primary duties of labour inspectors as defined in the Convention. The Committee requests the Government in its next report to describe the measures taken to encourage better cooperation between the labour inspectorate and judicial bodies particularly as regards the action taken on violation reports issued on safety and health matters.

Articles 3, 10, 11 and 16. Labour inspection staff and performance of inspection duties. Guyana, Martinique, Guadeloupe, St Pierre and Miquelon and Reunion. The Committee notes with interest that, as part of the plan to modernize and develop the labour inspectorate, posts have been created in the abovementioned non-metropolitan territories (one labour inspector’s post in Guyana, two posts in Guadeloupe, four labour controllers’ posts in Martinique, two labour inspectors’ posts and two controllers’ posts in Réunion and one labour controller’s post in St Pierre and Miquelon). The Committee notes however that the post of regional medical inspector in Guyana is vacant. Furthermore, the Government indicates that local action plans set the priorities of the operational programme budget with a special focus on illegal work, collective disputes and occupational safety and health. The Government also mentions that the number of interventions in enterprises has dropped owing to the social crisis of 2009.

The Committee again reminds the Government that the primary duties of the labour inspectorate as defined in the Convention are to ensure enforcement of the legal provisions on conditions of work and the protection of workers while engaged in their work, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the performance of their primary duties, and asks the Government to indicate the total number of posts vacant in the non-metropolitan territories and the measures taken to ensure that they are filled as soon as possible. In addition, it asks the Government to send figures showing the share of labour inspectors’ activities devoted to further duties (combating illegal work and collective disputes) and the share of activities devoted to the primary duties of labour inspection.

The Committee also asks the Government to indicate the role entrusted to labour inspectors in implementing government measures adopted following the industrial action of February 2009 as concerns conditions of work in industrial and commercial establishments.

Article 5 and Part II of Recommendation No. 81. Effective cooperation between the labour inspection services and other public or private institutions carrying out similar activities, and collaboration with employers and workers or their organizations. The Committee notes with interest that the Directorate of Labour, Employment and Vocational Training (DTEFP) of Martinique has indicated that there is coordination with the Regional Directorates of Industry, Research and Environment (DRIRE) for supervision of establishments classified as SEVESO high-threshold sites. It also notes with interest that that the DTEFP maintains regular contacts with the Regional Agency for the Improvement of Working Conditions (ARACT), in particular for the purpose of setting up a regional inter-occupational joint committee. The Committee also notes with interest that the Réunion DTEFP has set up regional arrangements for social dialogue involving all representative trade unions, in particular for the purpose of devising partnership actions. The Committee requests the Government to provide information on the impact of the cooperation between the labour inspectorate and other public institutions, the results obtained and their effect on the activities of labour inspection services, and on the standard of working conditions. The Government is also asked to provide particulars of the arrangements made for collaboration between inspectors and employers and workers or their respective organizations.

Article 18. Legal action for obstructing a labour inspector in the performance of his duties. The Committee notes the conviction of the author of a minor assault against a labour controller in the performance of his duties notified by the Martinique DTEFP, and would be grateful if the Government would state whether the incident that gave rise to the conviction occurred during an inspection and, if so, to specify which area of the law was the subject of the inspection.