Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Referring to its observation, the Committee would like to raise the following additional points.

Legislation. The Committee notes that, according to the Government, the amended territorial Act No. 2011-15 of 4 May 2012 has endorsed the codification of labour legislation and been enforced since 1 August 2011, and that an Act amending the Labour Code was due to be voted by the Assembly of French Polynesia in 2012 in order to correct the factual errors contained in the said Code. The Committee also notes that territorial Act No. 2010-10 of 19 July 2010 concerning occupational health has paved the way for the introduction of the occupational risk assessment document on 1 January 2014. The Government adds that this Act will be supplemented in 2013 by the adoption of a territorial Act concerning occupational health, particularly with respect to moral and sexual harassment, discrimination in hiring, safety and working conditions, working equipment and dangerous machines. It further adds that a territorial Act is being drafted on the subject of ionizing radiation. The Committee requests the Government to continue keeping the Office informed of any relevant developments in labour legislation.

Articles 1, 4, 9, 10, 11 and 14 of the Convention. Transfer of the competences and organization of the labour inspectorate. Resources of the inspection service. The Committee notes that the Labour Directorate’s budgetary resources enable it to operate with adequate material means. It notes however that, according to the Government, the social dialogue office is vacant and the post of medical labour inspector has not been filled, which undermines the smooth running of occupational medicine and the work of the Labour Directorate. Furthermore, the Government notes that it was impossible to continue assisting enterprises in assessing occupational hazards at the workplace, a process that began in 2010, because the technician/engineer in charge of this work resigned. The Committee requests the Government to provide information on any measures taken to increase the staff of the labour inspectorate and ensure that the post of a medical labour inspector is filled. It also asks the Government once again to provide information on the measures taken for the allocation of final compensation in relation to the pay of inspection staff provided for under Decree No. 2005-1688 of 26 December 2005. The Committee also asks the Government to continue submitting relevant information on any developments pursuant to the merger of the inspection service and labour service, which has become the Labour Directorate, especially on the establishment of a labour inspectorate council, as well as on the impact of this merger on the running of the labour inspection system.

Articles 5(a) and 21(e). Cooperation between the labour inspection services and the judicial bodies. The Committee notes that, according to the Government, cooperation between the labour inspection services and the judiciary takes the form of relations between the Director of Labour and the Public Prosecutor, and that emphasis is placed on safety violations at worksites and illegal work. However, it notes the information contained in the 2011 report stating that, although there had been a sharp increase in the number of infringements compared to 2010, the number of compliance notices and infringement reports had significantly dropped. Referring to its 2007 general observation on the importance of cooperation between the labour inspection services and the justice system, the Committee asks the Government to explain the reasons for these trends and to provide additional information on the violations recorded and the nature of the penalties imposed. The Committee would be grateful if the Government would supply more detailed information on the cooperation between the Director of Labour and the Public Prosecutor.

Article 6. Conditions of service of inspection staff. The Committee notes that, according to the Government, restrictions on length of service have made mobility a necessity in order to guarantee the independence of the labour inspectors and the renewal of the service. It also notes that Act No. 2010-5 of 3 May 2010 introduced regulations establishing the principles of the independence of the labour inspection services in French Polynesia, specifically stipulating that a controller could not be moved without his or her agreement, subject to disciplinary proceedings under public service rules. The Committee asks the Government to continue providing information on the way in which the status and conditions of service of labour inspection officials, such as labour inspectors and controllers, provide them with stability in employment.

Article 7(1) and (3). Recruitment and training of labour inspection staff. The Committee notes that, pursuant to Decision No. 2010-39 APF of 25 August 2010, the Labour Directorate has introduced training sessions for four new trainee controllers who will undergo specific training that is identical to the initial training of metropolitan officials. According to the Government, labour inspection controllers underwent 248 hours of continuing training in 2011 and 157 hours for the first six months in 2012. The Committee asks the Government to continue providing any relevant information on the initial training of labour inspectors and their in-service further training, particularly with respect to the content and frequency of these training programmes, the number of persons attending them and their impact.