Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85) - Montserrat

Article 2 of the Convention. Training of labour inspectors. The Committee notes that the Government indicates in its report, in reply to the Government’s previous request to provide information on training of officials working in the labour inspection services, that training is provided in the framework of regional training activities, including by way of detachment to the Department of Labour in Barbados. The Government adds that training is also provided through online training courses. The Committee takes note of this information.

Article 4. Free entry of labour inspectors to workplaces liable to inspection and timing of inspections. The Committee notes the Government’s indication that section 8 of the 2012 Labour Code gives effect to the abovementioned Article of the Convention. In this regard, the Government indicates that the Labour Commissioner may delegate his or her powers under section 8(2)(a), (b) and (c), and that in practice, the Labour Commissioner, the labour officer and the labour inspector currently working at the Department of Labour undertake labour inspections.

However, the Committee observes that the principle of free entry to workplaces of the Convention was not transposed into the Labour Code, as this law requires labour inspectors to obtain, either the consent of the employer to enter a workplace liable to inspection (section 8(1)(g)) or a search warrant issued by a judge of the Magistrate (section 8(2)(a)) to be able to enter a workplace. Moreover, the Committee notes that section 8(1)(g) limits the conduct of labour inspection visits in workplaces to working hours, while Article 4(2)(a) empowers labour inspectors to enter and inspect freely and without previous notice at any hour of the day or night any workplace liable to inspection, or by day any premises which they may have reasonable cause to believe to be liable to inspection. The Committee requests that the Government take measures to ensure that full effect is given in law and practice to the abovementioned principles in the Convention, including granting labour inspectors free entry and full powers of control and inspection in conformity with Article 4 of the Convention. The Committee also requests that the Government provide information on any legislative steps taken in this regard so as to bring the national legislation into conformity with the Convention.