Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Inspection Convention, 1947 (No. 81) - French Polynesia

With reference to its observation, the Committee wishes to raise the following points.

Legislation. The Committee notes that the codification of labour legislation has been finalized, approved by the social partners and submitted to the Higher Council of French Polynesia and the Economic, Social and Cultural Council (CESC) before its submission to the Assembly, and that the first section of the draft Act concerning occupational health was voted by the Assembly of French Polynesia in March 2009 and was awaiting promulgation. The Committee requests the Government to send information on progress made in the procedure for the adoption and the codification of the labour legislation and the promulgation of the Act concerning occupational health.

Articles 1, 4, 9, 10, 11, 14, 16 and 22 of the Convention. Transfer of competence of the labour inspectorate; central inspection authority; human and material resources of the inspection service. The Committee notes that the transfer of the labour inspectorate pursuant to the Statute of Autonomy of French Polynesia was completed on 1 January 2009 and that the inspection service is now placed under the authority of the labour minister.

However, the Government indicates that the French State has not paid financial compensation corresponding to the amount of remuneration paid in 2008 to inspection staff transferred in 2009 and 2010, contrary to the principles laid down by Decree No. 2005-1688 of 26 December 2005 concerning arrangements for the evaluation of charges and the transfer of services. In addition, according to the Government, the State has not considered the transfer of the post of medical labour inspector, provided for by the regulations since 1986, since this post has been vacant since 2001. However, a post for a prevention engineer (with a fixed-term contract) has been created through the conversion of a lawyer’s post.

The Committee further notes that the labour inspectorate numbers ten staff, including two inspectors and four controllers (one of them was on a ten months’ training in mainland France, up to the beginning of 2011) in the inspection section and a labour controller responsible for administrative and budgetary matters, computer maintenance and the information system. The members of the labour inspectorate’s staff are obliged to inspect, in accordance with the December 2007 census, a total of 6,900 enterprises employing more than 69,000 workers scattered over 76 islands. The Committee previously noted that the target fixed in 2004 was eight inspection staff (two inspectors and six controllers) to undertake actual inspections in 10 per cent of enterprises liable to inspection. The Committee requests the Government to supply information on the measures taken or contemplated to strengthen the labour inspectorate, including through the allocation of financial compensation in relation to the pay of inspection staff provided for by Decree No. 2005-1688 of 26 December 2005.

Further noting that the annual inspection report for 2009 refers to an under-declaration of the number of occupational diseases, owing, inter alia, to insufficient knowledge in this domain on the part of doctors and that the Government’s 2008 report deplored the fact that the prolonged vacancy for a medical labour inspector was depriving the inspection service of essential competence for the discharge of its duties, the Committee requests the Government to indicate all the measures taken or contemplated to fill this post.

The Committee would also be grateful if the Government would provide information on any developments concerning the amalgamation of the inspection service and the labour department as mentioned in its report and to send detailed information, if applicable, on the impact of this amalgamation on the functioning of the labour inspection system.

Article 6. Conditions of service of inspection staff. According to the Government, the chief of the labour inspection service and labour inspectors and controllers can either be officials (fonctionnaires) or employees under private law (agents de droit privé) who have guaranteed employment. However, the Committee notes that, under section LP 81-1 of Act No. 86-845 of 17 July 1986 concerning the general principles of labour law and the structure and operation of the labour inspectorate and labour tribunals in French Polynesia, as amended by section LP 2 of national Act No. 2010-5 of 3 May 2010, employees of the labour inspection service are public employees whose status ensures them stability of employment and makes them independent of changes of government and of improper external influences. The Committee further notes that, under section LP 81-3 of Act No. 86-845 of 17 July 1986, as amended by section LP 2 of national Act No. 2010-5 of 3 May 2010, neither labour inspectors nor controllers can occupy a post in the same territorial unit for more than six consecutive years, and that an inspector who has worked in different territorial units, in the enterprise inspection department, can only be appointed for a further period of service after a four-year gap. The Committee requests the Government to supply further clarification on (i) the status and conditions of service of inspection staff (inspectors and controllers) and (ii) on the reasons of the restrictions concerning the period of service imposed on inspectors and controllers to the same position.

Article 7. Qualifications of labour inspection staff. The Committee notes that a decision concerning the conditions of recruitment for the chief, inspectors and controllers of the labour inspection service providing for compulsory initial training for new inspection staff has been submitted to the Assembly of French Polynesia for consideration. A training for inspection staff in safety and health matters has also been organized since 2008. The Committee requests the Government to send information on progress made on the procedure concerning any further developments regarding the adoption of the abovementioned provisions and, if applicable, to send a copy of the relevant texts adopted. It also requests the Government to send further information on the measures taken to ensure that inspection staff receive appropriate further training.

Articles 20 and 21. Content and publication of the annual inspection report. The Committee notes with interest that the labour inspection reports for 2007 and 2009 contain statistics on workplaces liable to inspection and the number of workers employed therein. The Committee requests the Government to ensure that in the future the annual report will contain information on each of the subjects covered by Article 21. The Government is also requested to indicate whether these reports have been published, as required by Article 20.