Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

New Caledonia

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2000)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1986)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.

Articles 3(1)(a) and (b), and 13 of Convention No. 81, and Articles 6(1)(a) and (b), and 18 of Convention No. 129. Labour inspection activities in the area of occupational safety and health. The Committee notes the information provided by the Government in its report in reply to its previous comments concerning: (i) the role of labour inspection in relation to the obligation of employers to carry out an occupational risk evaluation (EVRP), through supervision of the updating or initiation of the EVRP by enterprises, as appropriate; (ii) preventive measures taken by the labour inspection services with a view to remedying defects observed in plant, layout or working methods; (iii) statistics of industrial accidents and cases of occupational disease, showing a reduction between 2007 and 2013; and (iv) the adoption of new legislative texts on health and safety on construction sites. The Committee notes this information.

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Labour inspection activities in the area of irregular employment. The Committee notes the indications provided by the Government in reply to its previous comment relating to the monitoring of foreign workers in an irregular situation in the agricultural sector, according to which New Caledonia is not affected by undeclared work in this sector. The Government adds that the labour inspection services do not have competence in the area of immigration, that in the context of the supervision of conditions of work the inspection services promotes the regularization of workers in an irregular situation and that no disputes relating to work by foreign workers have been brought to the knowledge of the labour inspection services. The Committee notes this information.

Articles 5(a), and 17 of Convention No. 81 and Articles 12(1), and 22 of Convention No. 129. Effective cooperation between the inspection services and judicial bodies. The Committee notes the information provided by the Government in reply to its previous request on the number of infringements recorded in 2014, the legal provisions concerned and the number of cases referred for prosecution or administrative action. It also notes the efforts made to improve cooperation between the inspection services and judicial bodies, including the organization of a meeting to draw up an assessment of the legal procedures initiated by the inspection services and their outcome in the courts. It further notes the difficulties encountered by the inspection services in obtaining information on the action taken on reports of infringements due, among other reasons, to the congestion of the judicial bodies. The Committee encourages the Government to continue making efforts to achieve effective cooperation between the inspection services and judicial bodies. It requests the Government to continue providing information on the action taken in this respect, and the results achieved in relation to the procedures initiated by the inspection services.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services. In its previous comment, the Committee noted that an electronic register of enterprises and workplaces was being developed. It also noted that no annual report had been received since 2009. In this regard, the Committee notes the Government’s indication that a register of enterprises and workplaces is still being developed. It once again notes that no annual inspection report has been received. However, the Committee notes that the Government’s report contains statistics on inspection activities (number of inspections of enterprises, number of infringements reported and the legal provisions concerned, compliance notices, criminal and administrative proceedings initiated, etc.). Noting that a large number of statistics appears to be available, the Committee once again requests the Government to take the necessary measures to ensure that an annual report containing the information envisaged on all the matters enumerated in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129 is published and transmitted to the Office. The Committee also requests the Government to continue providing information on the progress achieved in establishing an electronic register of enterprises by sector.