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

Labour Inspection Convention, 1947 (No. 81) - Curaçao

The Committee takes note of the first report of the Government for the year 2010. The Committee would be grateful if the Government would provide more detailed information on each of the questions set out in the report form with regard to the application of the provisions of the Convention, and in particular, on the measures taken to give effect to the provisions of Articles 8, 12, 17, 20 and 21 of the Convention.

Articles 4, 6 and 7 of the Convention. Organization of the labour inspection system, status and qualifications of labour inspectors. The Committee notes that, according to the Government’s report, the Labour Inspectorate was created on 10 October 2010, and was led by a manager with a broad technical and managerial background with knowledge (at master’s degree level) of chemistry, engineering, quality control, safety, labour legislation and other relevant areas. According to the Government, the section of Occupational Safety and Health (with three officers) has been assigned to the labour inspectorate under the guidance of the Manager and four Implementation Managers have been assigned to the organizational aspects of the whole Ministry. Furthermore, in April 2011, the section of Business and Labour Registration Controllers (with six officers) became part of the labour inspectorate. The Committee would be grateful if the Government would send a copy of the organizational chart of the Labour Inspectorate and specify the reporting hierarchy. The Committee also requests the Government to specify both the criteria and the procedure for the recruitment of labour inspectors, the training activities available to them and their impact on the performance of the inspection duties. Recalling that under Article 6 of the Convention the inspection staff should be assured of stability of employment and be independent of changes of government and improper external influences, the Committee requests the Government to indicate the type of contract of employment under which labour inspectors are appointed, and the remuneration cadre in relation to comparable categories of public employees, such as tax inspectors. Please also indicate the career prospects available to labour inspectors.

Articles 19, 20 and 21. Publication and content of an annual report. The Committee notes that, according to the Government’s report, in 2010, within the 954 companies controlled for business and labour registrations, 1,533 foreign workers with work permits were reported, against two without, and 9,068 local workers with workbooks, against nine without. Concerning Occupational Safety and Health, in 2010, the three officers carried out 80 planned controls and 46 controls after complaints; they gave 52 advices, two permits for exemption of usage of cranes for lifting workers and 33 controls for gas installation permits. Moreover, they conducted 31 investigations of accidents, and gave assistance and information on 39 occasions. Work was stopped twice with the help of the police because of occupational danger.

The Committee wishes to recall its general observation of 2010 on Articles 20 and 21 of the Convention, according to which detailed and well prepared annual labour inspection reports are of fundamental importance to assess the rate of coverage by labour inspection services in relation to their scope and to determine the resources that have to be allocated to this public function. Noting that the Government declares that measures will be taken to develop better reporting skills, the Committee requests the Government to indicate the measures taken or envisaged in order to ensure that the central labour inspection authority elaborates, publishes and communicates to the ILO an annual labour inspection report prepared in accordance with Articles 19–20 of the Convention and containing the information required under Article 21. The Committee draws the Government’s attention to the guidance provided in Part IV of the Labour Inspection Convention, 1947 (No. 81) as to the type of information that should be reflected in the annual inspection reports.