Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Labour Inspection Convention, 1947 (No. 81) - Seychelles (Ratification: 2005)

The Committee notes the information provided by the Government in reply to its previous comments relating to Articles 3 (functions of the system of labour inspection); 7(1) and (2) (recruitment of labour inspectors); 12(1)(c)(i) (interviews); and 13(2) (orders requiring alterations and measures with immediate executory force) of the Convention.

Articles 10 and 11 of the Convention. Resources of the labour inspection system. In its previous comments, the Committee noted the information provided by the Government concerning the need for additional labour inspectors and requested further information in this respect. The Committee notes the Government’s indication in its report that, in order to ensure that the Labour Monitoring and Compliance Section (LMCS) within the Ministry of Employment, Immigration and Civil Status (MEICS) discharges its responsibilities efficiently: (a) there are 13 labour inspectors (compared to seven inspectors reported in 2013); (b) training is planned on an annual basis and several labour inspectors participated in training activities; (c) subsistence allowances are allocated in the event that inspections are conducted on inner and outer islands with transportation by air or boat; (d) a designated vehicle continues to be provided to labour inspectors whenever inspections are conducted during odd hours; and (e) the MEICS is allocated an annual budget which is in turn allocated to its various sections, including the LMCS, according to their specific needs and priorities. The Government also provides information on the number of inspections, which cover employment conditions, carried out within the Seychelles International Trade Zone by the Financial Services Authority (FSA), and indicates that the FSA conducts joint inspections with the Ministry responsible for labour and employment. With respect to occupational safety and health (OSH), the Committee notes that the OSH Policy adopted in April 2017 includes, among the key strategies, additional resources to be mobilized to recruit OSH and labour inspectors and to provide them with the relevant resources to better enforce improvement and prohibition notice investigations. The Committee requests the Government to pursue its efforts to ensure that adequate resources are allocated to the labour inspection system in conformity with Articles 10 and 11 of the Convention. It requests the Government to continue to provide information in this respect, including concerning OSH as well as the nature and extent of inspections carried out in the Seychelles International Trade Zone.

Article 13(2). Orders requiring alterations and measures with immediate executory force. In its previous comments, the Committee requested the Government to provide information on the number of measures with immediate executory force issued by labour inspectors during the reporting period. The Committee notes the Government’s indication that, pursuant to sections 23(g) and 29(3) of the OSH Decree, labour inspectors have the power to issue and require compliance with improvement and prohibition notices, including prohibition notices with immediate effect. The Committee notes the Government’s indication that there were no improvement or prohibition notices issued in 2015.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes with interest the Government’s indication, in response to its previous request, that the MEICS currently compiles statistics with regard to occupational accidents disaggregated by sex, industry, type of accident and nature of injury and that, since January 2016, it has adopted the International Standard of Industry Classification (ISIC REV 4) with the aim of ensuring standard compilation and quality data. The Government indicates that a gap in the collection of statistics on occupational diseases would be addressed with the development of an OSH Policy. In this respect, the Committee takes due note that the 2017 OSH Policy provides that the Occupational Safety Board shall develop, strengthen and harmonize, as appropriate, the system for recording, notification and classification of occupational accidents and diseases and dangerous occurrences in line with the ILO Code of Practice on the recording and notification of occupational accidents and diseases. The OSH Policy further provides for the development of regulations and supporting guidelines and tools to enhance the effectiveness and quality of the recording and notification system. The Committee requests the Government to pursue its efforts to ensure the notification to the labour inspectorate of occupational accidents and diseases, as required by Article 14 of the Convention, to provide a copy of any regulations or guidelines adopted in this respect, and to continue to provide the most current statistics regarding occupational accidents and diseases.

Article 15(c). Confidentiality of complaints. The Committee notes the information provided by the Government, in reply to its previous comments, that complaints received by labour inspectors are treated with confidentiality and that investigations in connection with inspection visits are carried out without giving an indication that a complaint was received. In this respect, the Committee welcomes the Government’s indication that in the review of the OSH Decree it will consider including a provision on confidentiality of the source of any complaint. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that labour inspectors treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions and also give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint, in conformity with Article 15(c) of the Convention.

Articles 20(1). Publication of the annual general report on the work of the inspection services. The Committee notes that the Government does not indicate if the MEICS publishes an annual general report on the work of the inspection services under its control. In this respect, the Committee notes that the 2017 OSH Policy comprises among its key strategies the effective monitoring of OSH, including through the submission to the ILO of the annual report on labour inspection in conformity with the Convention. The Committee therefore urges the Government to pursue its efforts to ensure that the central inspection authority publishes an annual general report on the work of the inspection services under its control, in conformity with Article 20 of the Convention.

Article 21. Subjects covered in the annual general report. In its previous comments, the Committee welcomed the Government’s indication that a database had been established to manage all information relating to inspection and noted that the Government did not provide information on some of the subjects listed in Article 21. The Committee welcomes the information provided by the Government on: the laws and regulations relevant to the work of the inspection service (Article 21(a)); the staff of the labour inspection service (Article 21(b)); the statistics of workplaces liable to inspection (7,652 businesses with an active trade licence) and the number of workers employed therein (31,355 and 6,113 workers employed in the private and parastatal sectors, respectively) (Article 21(c)); statistics of occupational accidents in 2015 (118) and from January to June 2016 (52), disaggregated by sector, sex, and type of accident (Article 21(f)).

Concerning the statistics of occupational diseases, as required by Article 21(g), the Committee refers to its comment above on the application of Article 14 of the Convention. Concerning the statistics of inspection visits (Article 21(d)), the Committee notes the lower number of visits in 2016 (228) compared to 2015 (898). In this respect, the Government indicates that visits conducted by more than one inspector at a single workplace counted as one visit in 2016, while in 2015 they had counted by number of inspectors. Concerning the statistics of violations and penalties imposed (Article 21(e)), the Committee notes the Government’s indication that, pursuant to section 37 of the OSH Decree, fines were imposed in cases of violations. However, the Government does not provide specific statistics on violations and penalties imposed, although it provides information on the number of establishments found in non-compliance. Taking due note of the information provided on the subjects covered in the annual general report concerning paragraphs (a), (b), (c) and (f) of Article 21 of the Convention, the Committee requests the Government to pursue its efforts to maintain a high level of detail in the statistics concerning occupational accidents and diseases and inspection visits, in conformity with paragraphs (d), (e) and (g) of Article 21 of the Convention.