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

Labour Inspection Convention, 1947 (No. 81) - Sint Maarten

The Committee takes note of the first report of the Government for the period 1 June 2009 to 1 June 2011. 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 6 and 7 of the Convention. Status and qualifications of labour inspectors. According to the Government, the Labour Inspectorate is new and is comprised of workers from the former Central Government as well as civil servants from the former Island Territory of Sint Maarten. The Labour Inspectorate plans to enhance the effectiveness of labour inspection by securing training possibilities for its staff and by hiring additional qualified inspectors. Furthermore, the Government declares that efforts will be made to encourage females to apply for these positions. The Committee would be grateful if the Government would keep the ILO informed of all measures taken or envisaged in relation to the recruitment and training of male and female inspectors. Please indicate in particular the subjects, duration, attendance, evaluation and impact of training.

The Committee would also be grateful if the Government would provide information regarding the status of labour inspectors and communicate any legal texts ensuring their stability of employment and independence of changes of government and improper external influences. The Committee also requests the Government to specify the scale of remuneration of labour inspectors by comparison to the remuneration of comparable categories of public officers such as tax inspectors.

Articles 19, 20 and 21. Publication and content of an annual report. The Committee notes that, according to the Government’s report, a total of 116 visits were made as of March 2010, seven of which were repeat visits and inspections. The Committee also notes that it is the intention of the Government to organize workshops and information sessions to continue to boost awareness of the importance of labour inspection and of occupational safety and health.

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 reports on the activities liable to inspection 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. The Committee asks the Government to ensure that the central labour inspection authority publishes and sends to the Office an annual inspection report prepared in accordance with the conditions set out in Articles 19 and 20 and containing the information required under Article 21. The Committee draws the Government’s attention to Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), which provides invaluable guidance on the manner in which the information required may be presented in the annual report.