Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Legislation. The Committee notes the Government’s reference to envisaged legislative reforms on a broad range of labour law matters. The Committee requests the Government to provide information on the implications of these legislative reforms for the functioning of the labour inspection system.

Articles 4, 10, 11 and 16 of the Convention. Organization and human and material resources of the labour inspection system. The Committee notes the Government’s explanations on the organizational structure of the labour inspection system. It notes that the Minister of Social Development, Labour and Welfare is the central authority, and that the head of the labour inspectorate reports directly to the Minister. The Committee also notes that the labour inspectorate encompasses 13 approved posts, including four labour inspectors in the area of occupational safety and health (OSH) (reporting to the Chief of the Section for Occupational Safety), and four labour inspectors in the area of general working conditions (reporting to the Chief of the Section for Labour Conditions). Five posts are currently vacant, including: the post of the Chief of Section for Labour Conditions, three labour inspection posts in the area of OSH, and one labour inspection post in the area of general working conditions.

The Committee further notes the Government’s indication that according to an external audit conducted in 2012 on the labour inspection of Curaçao, the labour inspectorate lacks the necessary human and material resources for the effective performance of its duties. However, the lack in the number of labour inspectors could not be addressed as the Government of the Netherlands ordered restrictions on public spending, including for the recruitment of public officials. The Government indicates that the vacancies will be filled as soon as the recruitment freeze is lifted. The Committee requests the Government to provide information on the measures taken or envisaged for the filling of the vacant labour inspection posts. It also asks the Government to provide information on the material resources available to the labour inspectorate (transport facilities, offices, computers, measuring instruments, etc.). Please also provide a copy of relevant excerpts of the abovementioned audit.

Article 7. Training of labour inspectors. The Committee notes that the Government has not provided the requested information on the training of labour inspectors. The Committee requests the Government to provide information on the training activities provided to labour inspectors (including on the subjects covered, and the duration and participants of such training).

Articles 20 and 21. Publication and communication to the ILO of annual reports on the work of the labour inspection services. The Committee notes that no annual labour inspection report has been received at the ILO, but that the Government provides information on the number of labour inspections, the number of violations detected, and the number of preventive measures taken in the area of OSH. The Committee notes the Government’s indication that a computerized and integrated system, including a module for the registration of labour inspection data, is expected to be implemented at the Ministry of Social Development, Labour and Welfare in the near future, and this should enable the labour inspectorate to publish and send to the ILO annual reports with detailed statistical information, as required under the abovementioned Articles. In light of this information, the Committee hopes that annual labour inspection reports will soon be published and communicated to the ILO, and that they will contain information on all the subjects listed in Article 21(a)–(g). In addition, the Committee requests that the Government indicate the measures taken, in law and in practice, to give effect to Articles 12, 13, 14, 17 and 18 of the Convention, and to communicate copies of any relevant legal texts.