Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

With reference to its previous comments, the Committee notes the information provided by the Government concerning the adoption of the State Ordinance Administrative Enforcement Act of 2013 and the effect given to Article 12(1)(a) and (b) of the Convention. It also notes the copies of the annual labour inspection reports for 2008, 2009, 2010 and 2012, which the Government included in its report in response to the Committee’s request in the context of Article 20 of the Convention.

Articles 4, 5(a) and (b). Arrangements to promote coordination, cooperation and collaboration. The Committee previously noted that labour inspection services were under the responsibility of several ministries and departments.

The Committee notes the Government’s indication that several inspection services have been grouped together in inspection teams. These services are from the following units: the Department of Labour, technical inspections, the Department of Public Health, fire departments, police departments, coastguards and municipal inspectors. Inspections are coordinated at the Office of the Municipal Inspector, with the members of the team being selected based on the objectives of the particular inspection and information shared between teams. The Government indicates that the ongoing operation of team inspections is being considered in order to achieve maximum efficiency, flexibility and follow-up. The Committee requests the Government to continue providing information on the manner in which team inspections are carried out, including on the role played by the Labour Department in these teams and on the manner in which their labour inspection priorities are defined. The Committee also requests the Government to continue providing information on the measures taken to promote cooperation between the various inspection services and public institutions and collaboration with the employers’ and workers’ organizations, with a view to strengthening the effectiveness of labour inspection services.

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 State Ordinance Administrative Enforcement Act of 2013 provides inspectors with the authority necessary to impose fines and order the suspension of work. The Committee nevertheless notes that the provisions of this Act concerning the imposition of fines and the suspension of work refer to the powers of the Minister of Labour and not to those of labour inspectors. The Committee requests the Government to provide information on the measures taken or envisaged to empower labour inspectors (in accordance with Article 13(2)(b)) to order measures with immediate executory force in the event of imminent danger to the health or safety of the workers. Recalling the Government’s previous indication that it was considering providing labour inspectors to impose administrative fines, the Committee further requests the Government to provide information on the measures taken in this regard.