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

French Polynesia

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1974)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1986)

In order to provide a comprehensive view of the issues concerning the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 (labour inspection) and Convention No. 129 (labour inspection (agriculture)) together.

Article 3(1) and (2), and Article 5(a) of Convention No. 81, and Article 6(1) and (3), and Article 12(1) of Convention No. 129. Duties entrusted to labour inspectors in cooperation with other government services to combat illegal employment. Subsequent to its previous comments concerning the role of labour inspectors in combatting irregular employment, the Committee notes the statistical information supplied by the Government in its report, showing that 147 of the 530 inspections conducted in 2017 concerned the declaration of workers. 143 of those 147 inspections included matters other than the declaration of workers and four inspections concerned the declaration of workers exclusively. It notes that 14 administrative penalties were issued for failure to declare a worker prior to employment, with the request that the employers regularize the situation of the workers, but that none of the penalties concerned foreign workers in an irregular situation. It also notes that the three infringement reports submitted to the prosecutor in 2017 concerned cases including irregular employment as well as safety regulation violations. The Committee requests the Government to continue to supply information on the nature of action undertaken by the labour inspectorate to combat irregular employment, specifying the number of cases of workers in an irregular situation who effectively succeed in obtaining their rights, including payment of unpaid wages, social security coverage or the drawing up of an employment contract. Where applicable, the Committee requests the Government to indicate the number of cases that concern migrant workers in an irregular situation.

Articles 5(a), 17, 18 and 21(e) of Convention No. 81 and Article 12(1) and Articles 22, 24 and 27(e) of Convention No. 129. Cooperation between the labour inspection services and the judiciary, and the necessary balance between the prevention and the imposition of penalties. Subsequent to its previous comments, the Committee notes the statistics supplied by the Government, in particular on the number of infringements and the type of penalties imposed. The Committee notes that a total of 2,522 observations were recorded in 2017, as well as 29 official notices to prevent occupational hazards, 18 temporary suspensions of activity following observation of a serious danger, 51 administrative fines and three infringement reports placed before the prosecutor. It notes the Government’s indication that the use of infringement reports was limited to breaches with the most serious consequences and that of the three reports submitted in 2017, two were subsequent to a fatal occupational accident. The Government also states that the 51 administrative fines imposed in 2017 constituted a rapid and effective response.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspectors. The Committee previously noted the Government’s indication that labour inspectors and controllers are either public servants in the labour inspection service, or public servants or employees of the administration who benefit from employment security. In that connection, the Committee notes the Government’s statement that the employees of the administration have the same guaranteed independence and employment security as do the public servants. It notes that of the eight inspectorate posts, seven are held by three labour inspectors and four by controllers, of whom two are public servants and two employees of the administration. It also notes that the fifth post of controller was to be filled by a public servant recruited by open competition in 2019, and that recruitment of non-public servants would cease. The Committee requests the Government to supply additional information on the conditions of service of labour inspectors, whether they are public servants or not, in particular with regard to wages and career prospects.

Articles 20 and 21 of Convention No. 81, and Articles 26 and 27 of Convention No. 129. Annual inspection report. Subsequent to its previous comments, the Committee notes with interest the labour inspectorate’s report for 2017, which contains the detailed information on the points listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee requests the Government to continue to send the annual inspection report to the ILO and to provide information on its publication, in conformity with Article 20(1) of Convention No. 81, and Article 26(1) of Convention No. 129.