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

Labour Inspection Convention, 1947 (No. 81) - North Macedonia (Ratification: 1991)

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

Article 4 of the Convention. Structure of the labour inspection system. Noting that the Government confines itself to indicating that inspectors are allocated in 30 district units, the Committee once again requests the Government to describe the structure of the labour inspection system including the number and coverage of the various divisions and offices at the central and local levels.

Articles 5(a), 13 and 14. Preventive measures in the field of labour relations and occupational safety and health (OSH). The Committee notes with interest that, according to the Government, cooperation has been established with the Health Insurance Fund – Skopje. The Government also indicates that, the State Labour Inspectorate of technical inspections prepared reports on occupational injuries, on the basis of the memoranda of cooperation between the Ministry of Labour and the Institute of Public Health, the Institute of Labour Medicine and the Ministry of the Economy. The Committee also notes the information on the adoption of a rulebook on education (Official Gazette of the Republic of Macedonia, No. 185/2011). Furthermore, the Committee notes that, according to the Government, the number of cases where labour inspectors prohibited the operation of the workplaces increased from 92 to 287 between 2009 and 2012. It also notes the information on the trends of occupational accidents which, according to the Government, appear to be on the increase. The Government indicates that this might be due to the fact that a greater number of accidents are reported. The Committee requests the Government to provide a copy of the abovementioned report on occupational injuries and to further elaborate on the cooperation with the Health Insurance Fund – Skopje and on its impact on the enforcement of OSH legislation and the prevention of industrial accidents and cases of occupational diseases.

The Committee also requests the Government to explain the reasons for the increase in the number of cases where labour inspectors prohibited the operation of the workplaces, and to provide information on cases of occupational diseases reported.

It also once again asks the Government to provide information on the use of checklists prepared by the State Labour Inspectorate and submitted to employers in order to familiarize them with their OSH obligations. Please keep the Office informed of the developments in the elaboration of the OSH strategy, if any, and communicate a copy of this document once adopted.

Article 5(b). Collaboration with employers and workers or their organizations. The Committee notes that, according to the Government, in April 2013, the Council for OSH adopted its rules of procedure. The Committee requests the Government to provide a copy of the abovementioned rules of procedure, and to provide more detailed information on the activities of the Council for Occupational Safety and Health and the Economic and Social Council in relation to labour inspection (for example: content, frequency and impact on the application of the Convention).

Article 9. Collaboration with private experts in OSH – related matters. The Committee notes the information on the entry into force of the rulebook on the costs of issuing licenses for experts and examinations in OSH (Official Gazette of the Republic of Macedonia, No. 56/12). It also notes that, according to the Government, inspectors may initiate a procedure calling upon the Minister to revoke licences if the tasks are not performed in accordance with the relevant OSH regulations, and that one license has been revoked for not fulfilling the general conditions for work. The Committee requests the Government to provide copies of the texts of the specific provisions of the abovementioned rulebook giving inspectors the responsibility to revoke licences, if any. It also once again requests the Government to provide information on the manner in which labour inspectors supervise entities or persons licensed to perform expert tasks in the area of OSH (for example, coverage of workplaces and effectiveness of the performances of the duties entrusted to them, such as risk assessments, regular testing and control of the working equipment, etc.).

Articles 11 and 16. Material means available to labour inspectors and inspection visits. The Committee notes that, according to the Government, labour inspectors are provided with fuel and vehicles, and that the remaining costs are not compensated. The Committee also notes from the Government’s report that, between 2010 and 2012, regular inspections decreased from 31,571 to 28,745. The Committee requests the Government to provide information on the remaining costs that are not compensated, and to indicate the measures taken to ensure that the necessary resources are allocated to the labour inspection system for its effective operation.

Article 14. Notification of industrial accidents and cases of occupational disease. The Government indicates that, in accordance with the EU Directive 89/391/EEC, section 36 of Act No. 53/2013 establishes that employers have to notify the State Labour Inspectorate “immediately or within 48 hours of any fatalities, collective accidents and injuries at work causing timely incapability of work longer than three working days”. The Committee also notes the samples of forms that employers are required to fill to notify accidents, in accordance with the rulebook on the manner of keeping records in the area of safety and health at work (Official Gazette of the Republic of Macedonia, No. 136/2007).

Furthermore, the Committee welcomes the information that the State Labour Inspectorate prepared a detailed analysis of registered accidents in 2012, indicating the sector of activity to which they relate and both their causes and consequences. The Committee requests the Government to provide details on the outcome of the analysis of registered accidents. Furthermore, noting that, according to the Government, it is necessary to implement an integrated system to monitor and report occupational accidents and diseases, the Committee requests the Government to keep the Office informed of any measures taken in this respect.

Articles 17 and 18. Legal proceedings and adequate penalties. The Committee notes the information on the specific provisions of the Act on safety and health at work (Official Gazette of the Republic of Macedonia, No. 53/2013) enabling labour inspectors to order remedial measures to correct any irregularities and to invite the responsible person to trainings relating to the area in which the irregularities was detected. It notes that, if the detected irregularities are not corrected, inspectors may submit a request for initiating a misdemeanour procedure to the misdemeanour commission (section 57 of Act No. 53/2013) or the competent court (section 58 of Act No. 53/2013).

The Government also indicates that the labour law determines three categories of offences and the respective sanctions accordingly, and that Act No. 53/2013 determines three categories of offences and one penalty for employers who do not respect the prescribed OSH measures and who fail to use the prescribed equipment for personal protection. The Committee also notes that, in 2012, 2,780 irregularities were detected and 2,410 were corrected, and that there were 370 requests for initiating a misdemeanour procedure against employers. The Government also indicates that in 34 cases the initiated procedures were successful and the procedure for mediation was cancelled. The Committee requests the Government to communicate copies of the texts of the specific provisions of the Labour Law and the Act No. 53/2013 on safety and health at work establishing penalties for different categories of infringements.

It also asks the Government to continue to provide statistics of violations and penalties imposed (for example, number and nature of infringements according to the legal provisions to which they relate; number of convictions and nature of penalties imposed).

Articles 19, 20 and 21. Annual report on the work of the inspection services. The Committee notes from the Government’s report that inspectors submit electronic copies of monthly reports on their activities to the State Labour Inspectorate. The Government also indicates that these reports contain, inter alia, information on the type of inspections, the irregularities detected and the decisions adopted in this respect. The Committee notes, however, that no annual report on the work of the labour inspectorate for 2012 has been transmitted to the Office and that the Government did not provide any information on the number of workplaces liable to inspection, or on the number of workers employed therein. The Committee requests the Government to indicate the measures taken to ensure the fulfilment by the central inspection authority of its obligation to publish and transmit to the ILO an annual report in accordance with Article 20 of the Convention, containing the information required by Article 21(a)–(g) of the Convention.

Finally, noting that the Government’s report does not appear to contain any information on cooperation with the judiciary (Article 5(a)) nor on the status and conditions of service of labour inspectors (Article 6), the Committee repeats its previous comment which reads as follows:

Article 5(a). Cooperation with the judiciary. The Committee once again, and with reference to section 20 of the Labour Inspection Act, requests the Government to provide a general appreciation of the current levels of cooperation between the labour inspectorate and other competent bodies, including the criminal courts and the commission responsible for minor offences relating to labour law (Misdemeanour Authority), and to describe the system through which the labour inspectorate is informed of their decisions on cases referred to them by the labour inspectorate.

Article 6. Status and conditions of service of labour inspectors. The Committee notes the Government’s indication that labour inspectors are civil servants governed by the Civil Servants Act. It also notes that the Government refers to civil servants as not being subject to a career-based system, but a position-based system. The Committee asks the Government to provide more detailed information on the position-based system, and to specify the way in which it is ensured that labour inspectors have stability of employment and remain independent of changes of government and of improper external influences. It also once again asks the Government to indicate the salary levels of labour inspectors in comparison to other comparable categories of public officers.