Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020). It welcomes the Government’s indication that the Inspectorate of the Labour Department is part a wider team that inspects and monitors workplaces and public places to ensure adherence to the health, safety and general protection rules and guidelines related to the COVID-19 pandemic.

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures to take follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments. The Committee encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider taking the necessary steps towards extending the application of Convention No. 81, as the most up-to-date instrument in this subject area, to Montserrat. It requests the Government to provide information in its next report on any measures taken or envisaged in this respect. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Article 4(2)(a) of the Convention. Right of labour inspectors to freely enter workplaces liable to inspection. The Committee previously noted that the Labour Code 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, and limits the conduct of labour inspection visits in workplaces to working hours (section 8(1)(g)). The Committee further noted that Article 4(2)(a) of the Convention 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 notes that, in reply to its previous comments, the Government indicates in its report that the Labour Code of 2012 is on the legislative agenda for amendments and that all measures will be taken to ensure that full effect is given in law and practice to the principles of the Convention, including granting labour inspectors free entry and full powers of control and inspection in conformity with Article 4. Welcoming these indications, the Committee requests the Government to continue to provide information on the measures taken, including through the amendment of the Labour Code, to ensure that labour inspectors are empowered to freely enter and without previous notice at any hour of the day or night any workplace liable to inspection, and to provide a copy of amended Labour Code provisions when available. 

[The Government is asked to reply in full to the present comments in 2022.]