Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Articles 4, 5(a) and (b) of the Convention. Arrangements to promote coordination, cooperation and collaboration. The Committee had previously noted that inspection services are split between the Safety Inspection Department, coming under the Ministry of Justice, health inspection matters under the Ministry of Health, and employment related inspections under the Labour Department. With reference to the Committee’s longstanding comments on this subject, the Government expresses regret at not having made any progress with regard to measures taken to ensure cooperation between the different inspection services and other public and private institutions as well as employers and workers or their organizations. The Government acknowledges further, that there are no systems for the recording of judicial decisions that could be accessed by the labour inspectorate.

The Committee requests the Government to provide details on the ways in which the various inspection services coordinate their action and cooperate with further public and private bodies, as well as employers’ and workers’ organizations, in order to create synergies and increase efficiency and to indicate any obstacles encountered in this regard. It reminds the Government that it may avail itself of ILO assistance in this area if it so wishes.

Article 12(1) (a) and (b). Right of free entry of inspectors. The Committee observes with regard to previous comments, that restrictions to the right of free entry to private premises could not be alleviated as, according to the Government, special training could not be afforded to labour inspectors, so that they qualify as extraordinary police officers with powers of entry into private premises which they have reasonable cause to believe to be liable to inspection. The Committee requests the Government to clarify whether the Committee on the Modernization of Labour Legislation (CMLL) has given consideration to legislative amendments aimed at vesting labour inspectors with the power to enter private premises and to indicate any measure taken in order to access the funds necessary for the training of labour inspection staff so as to enable them to have full powers of entry.

Articles 13(1) and (2), 17 and 18. Powers of injunction of labour inspectors. Legal proceedings and adequate penalties. The Committee notes the Government’s indication that the revision of a number of labour ordinances was completed and bills were sent to the Department of Legislation in 2011 for a legal technical review, but that all bills, including the ordinances on temporary workers and its decrees and the ordinance on labour legislation, were yet to be discussed by the Advisory Council and the Social Economic Council.

The Committee recalls from its previous comments the Government’s assurances that it would communicate to the CMLL the need for measures to ensure that labour inspectors are authorized to order the stoppage of work in the event of non-compliance with national legislation and the need to enhance the power of labour inspectors to impose administrative fines on employers who have committed violations. The Committee recalls from previous comments that over the years a degree of impunity has arisen, partly enhanced by the absence of regular inspections and the lack of inspection service staff. The Committee once again requests the Government to communicate a copy of the amendments to the labour legislation submitted to the CMLL with a view to authorizing labour inspectors to issue injunctions with immediate effect and to impose administrative fines on employers who have committed violations and to keep the Office informed of any progress made in the adoption of the relevant bills.

Articles 20 and 21 of the Convention. Communication of a consolidated annual report. The Committee observes that annual labour inspection reports for 2008, 2009 and 2010 were not received by the Office, contrary to what is indicated in the Government’s report. Underlining the importance of making the fullest possible information available on each of the subjects enumerated in Article 21 on an annual basis, in order to assess the efficiency of labour inspection services provided, the Committee requests the Government to ensure that an annual report is submitted within the deadlines set by Article 20.