Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

French Polynesia

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

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

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Duties entrusted to labour inspectors. In reply to the Committee’s previous comment, the Government indicates that in 2021 a total of 14 per cent of labour inspections related to illegal work and in particular the under-declaration of working hours and the issue of workers not declared as employees by the employer (faux patentés), that six administrative fines were imposed but that none of these cases were concerned with workers in irregular situations. The Government also indicates that during 2021 a total of 47 per cent of inspections related to occupational safety and health, 24 per cent to hours of work and 15 per cent to staff representation bodies. The Committee requests the Government to provide information on any measures taken or envisaged to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers, in particular action against under-declaration of working hours and the issue of undeclared employees.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspectors. In reply to the Committee’s previous comment, the Government indicates that career prospects are encouraging for labour inspectors originating from French Polynesia since the country is seeking to promote the appointment of officials of such origin (océanisation). The Government also indicates that the staff of the labour inspectorate is composed as follows: three labour inspectors (two officials of French Polynesian origin and one seconded from the labour inspectorate in metropolitan France on a two-year secondment which is renewable once) and five labour controllers (three having civil servant status, the other two being administration employees without civil servant status (ANFA), who enjoy the same guarantees of independence and stability of employment as civil servants). The Committee notes that labour inspectors are paid according to salary scales established by the civil service of French Polynesia or by the civil service of the State in the case of civil servants seconded from metropolitan France. However, the Committee notes the Government’s indication that even though inspection staff salaries are adjusted regularly according to their career progression, a financial incentive taking account of the technical nature of the profession has still not been implemented and discussions are under way on this matter. The Committee requests the Government to provide information on any measures taken or envisaged with a view to establishing a financial incentive that takes account of the technical nature of the inspection profession.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual inspection report. Further to its previous comment, the Committee notes the information and general statistical data contained in the report sent by the Labour Directorate for 2021 regarding the staff of the labour inspection service, workplaces liable to inspection, inspection visits, violations committed and penalties imposed, as well as regarding occupational accidents resulting from falls from height (Article 21(b)–(f) of Convention No. 81 and Article 27 of Convention No. 129, respectively). However, the Committee notes that the report in question does not contain any specific information on the agricultural sector. Referring to its general observation of 2010 on Convention No. 81, the Committee recalls that, when well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. In this regard, the Committee also recalls that, in paragraph 322 of the General Survey of 2006 on labour inspection, it emphasized the need for the Government to ensure that the annual report of the central inspection authority is published within the time limits laid down in the Conventions and that it deals in as much detail as possible with the subjects covered in Article 21 of Convention No 81 and Article 27 of Convention No. 129. The Committee therefore requests the Government to indicate any measures taken or envisaged to ensure that, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, annual reports on the work of the labour inspection service are published within the prescribed time limits and deal in as much detail as possible with all the subjects listed in Article 21(a)–(g) of Convention No. 81 and Article 27 of Convention No. 129. The Committee also requests the Government to take the necessary steps to ensure that these reports contain specific information on inspections carried out in agriculture.