Labour Inspection Convention, 1947 (No. 81) - Egypt (Ratification: 1956)

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

Previous comments on Conventions Nos 81 and 129, and Convention No. 150

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Legislation. Following its previous comment, the Committee notes that the draft Labour Code has been approved by the Senate and submitted to the House of Representatives, with a plenary meeting to be held at a later stage. The Committee requests the Government to continue to provide information on any progress made regarding the adoption of the Labour Code, and to provide a copy once adopted.

Labour Inspection Convention, 1947 (No. 81) and Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Technical assistance. Following its previous comment, the Committee notes that a number of measures were taken with ILO technical assistance, including: (i) the provision of training to 911 labour inspectors and occupational safety and health (OSH) inspectors on national and international labour standards; (ii) the development and implementation of a strategic plan for the inspection units in industrial areas; (iii) the development of an inspection checklist, and the adoption of Ministerial Order No. 122 of 2017 on its circulation and use; (iv) the elaboration of a draft manual of procedures for OSH inspection; (v) the digitalization of the inspection system and provision of necessary electronic devices and other materials; (vi) the organization of 335 awareness-raising sessions covering 824 industrial facilities and 16,886 workers and employers. The Committee notes the information provided by the Government which addresses its previous request.

Article 3(1)(a) and (b) of Convention No. 81 and Article 6(1)(a) and (b) of Convention No. 129. 1. Labour inspection activities to combat child labour (in agriculture). Following its previous comment, the Committee notes the statistical information provided by the Government on control and enforcement activities undertaken by the labour inspectorate in the area of child labour, indicating that the number of inspection visits performed in this area from January 2016 to June 2018 reached 35,935, with 8,931 violations detected and 1,474 infringement reports issued. The Committee requests the Government to continue to provide information on the number of inspection visits carried out in the area of child labour, including information on the activities in the regions, the number of violations detected and the penalties imposed, specifically in relation to the agricultural sector, as well as other sectors.

2. Inspection activities in enterprises with less than 50 employees. Following its previous comment, the Committee notes the statistical information provided by the Government regarding inspection visits carried out in 2016–17. According to the information provided, OSH inspection visits took place in 220,010 enterprises employing between 15 and 50 workers, with 150,305 violations detected and 75,475 infringement reports issued. While noting this information,the Committee requests the Government to also provide information on the number of inspection visits carried out in enterprises employing less than 15 workers, and to indicate the number of violations detected in these enterprises.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. Following its previous comment, the Committee notes the indication of the Government that a training course was provided to labour inspectors on measuring chemical pollutants in the working environment in agriculture. Moreover, 40 inspectors were trained on sign language. The Committee notes the information provided by the Government which addresses its previous request.

Articles 8 and 10 of Convention No. 81 and Articles 10 and 14 of Convention No. 129. Sufficient number of labour inspectors. Gender distribution of labour inspection personnel. The Committee notes that in reply to its previous request, the Government indicates that there are 448 labour inspectors, of which 365 are men and 93 are women (about 20 per cent), 365 occupational safety and health (OSH) inspectors, of which 195 are men and 170 are women (about 47 per cent), and 269 labour relations inspectors, of which about 60 per cent are men and 40 per cent are women. The Committee notes that the number of inspectors has continued to decrease significantly, from 681 in 2012 to 365 in 2018 (about 46 per cent) among OSH inspectors, and from 822 to 448 (about 45 per cent) among labour inspectors in the same period. The Committee also notes that the Government refers to 530 operational inspectors. The Committee requests the Government to provide information on the gender distribution among the different grades of inspectors. The Committee also requests the Government to provide information on the reasons which have led to a substantial decrease in the number of inspectors, and on any measures taken or contemplated to address this situation. In that regard, the Committee requests information on the conditions of service of labour inspectors, including their career prospects, turnover rates, and level of remuneration compared to other public servants exercising similar functions such as tax inspectors or police officers. The Committee also requests the Government to provide further information on the nature of functions performed by operational inspectors.

Articles 11 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Reimbursement of expenses incurred during the performance of labour inspection duties. Following its previous comment, the Committee notes the Government’s indication that the regulations on the reimbursement of transport allowances are still under consultation with the competent authorities. It states that the new regulations include rules for the distribution of these allowances and the manner of reimbursement. The Government also indicates that means of transport are provided to each regional directorate in accordance with its inspection visit plan. When transport means are not available, a transport allowance is granted. The Committee requests the Government to continue to provide information on progress made regarding the adoption of the new regulations on the reimbursement of transport allowances and provide a copy once adopted.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual reports on the work of the labour inspection services. The Committee notes the Government’s information on legislation related to the performance of labour inspection services. It also notes the statistical information provided by the Government for the period of 2016–17 on the following items: (i) the total number of inspectors, including their gender distribution; (ii) statistics related to inspection activities in the area of agriculture, child labour and OSH; (iii) the number of violations detected concerning OSH and child labour; and (iv) the total number of industrial accidents and occupational diseases. However, the Committee notes that no annual inspection reports have been received. The Committee requests that the Government ensure that annual reports on the work of the labour inspection services are regularly communicated to the Office in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, and that they contain information on all the subjects enumerated in Article 21(a)–(g) of Convention No. 81 and 27(a)–(g) of Convention No. 129. The Committee requests that the Government communicate the information on labour inspection activities in agriculture either as a separate report or as part of the general report of the labour inspectorate, in conformity with Article 26 of Convention No. 129. The Committee also once again requests the Government to indicate the means of publication of the annual labour inspection reports (such as, for instance, the website of the labour inspectorate or the Official Gazette).

Labour Administration Convention, 1978 (No. 150)

Article 7 of the Convention. Extension of the functions of the system of labour administration to workers who are not employed persons. Following its previous comment, the Committee notes with interest the Government’s information on the adoption of Ministerial Decree No. 162 of 2019 regarding the financial and administrative regulation of the employment, welfare and protection of informal workers (agriculture, seasonal and temporary and similar workers). Section 12 of that Decree provides that the competent department within the Ministry of Manpower shall establish the controls and mechanisms for the employment of informal workers and provide health care, social welfare and employment to such workers, subject to the provisions of the financial and administrative regulation. The Committee requests the Government to provide information on the practical application of the Ministerial Decree No. 162 of 2019.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

Review of the Labour Code. The Committee notes with interest that the Government requested ILO technical assistance which was provided by the Office in the form of legislative comments on the 2014 draft Labour Code, including with regard to labour inspection. The Committee requests the Government to provide information on the progress made with adopting the recommended amendments to the Labour Code and to provide a copy of the revised Labour Code following its adoption.

Articles 3(1)(a) and (b), 4, 5(a), 6, 7, 10, 11, 16, 17, 18, 20 and 21 of Convention No. 81 and Articles 6(1)(a) and (b), 7, 14, 15, 22, 23, 24, 26 and 27 of Convention No. 129. Labour inspection in export factories and assessment of the labour inspection system in the context of ILO technical assistance. The Committee notes the initiation of the ILO–USDOL technical cooperation project on “Promoting worker rights and competitiveness in Egyptian export industries” which seeks to strengthen respect for labour standards and increase productivity in export factories through: (i) capacity building of the national inspectorate; (ii) supporting employers in complying with labour standards and achieving increased productivity; and (iii) building systems for social dialogue and worker representation within factories.

The Committee also notes with interest from the progress report on the abovementioned project (concerning the fourth quarter of 2015), the various activities that have been realized or are planned, including: (i) the establishment of strategic labour inspections plans for 2015–17 and efforts to develop an electronic inspection information system; (ii) the development of checklists and the organization of various training activities for labour inspectors; (iii) improvements in the material conditions of the labour inspectorate, through the provision of transport facilities, office equipment and computers; and (iv) the discussion of the draft Labour Code during a three-day workshop with 36 labour and occupational safety and health (OSH) inspectors.

The Committee further notes that a study titled “Labour inspection system in Egypt between the legal framework and the practical reality: A study of the development requirements” was published in 2015 in the context of this project. The findings of this study concern: (i) the existence of a multitude of applicable legislation, with sometimes conflicting provisions; (ii) the absence of sufficiently dissuasive sanctions and difficulties in their enforcement; (iii) the insufficiency of preventive activities of labour inspectors; (iv) the large amount of other functions entrusted to labour inspectors, including paperwork, at the expense of their primary functions; (v) the lack of coordination and communication throughout the structures of the labour inspection services and with other entities assuming similar functions; (vi) the absence of legal protection for labour inspectors and wages that are insufficient to attract suitable labour inspection candidates; (vii) a decrease in the capacity of labour inspectors and their insufficient training; (viii) an insufficient number of labour inspectors in relation to the workplaces subject to their inspection; and (ix) the lack of the necessary financial and material resources, including labour inspection offices, transportation and equipment.

The Committee requests the Government to provide further information in relation to the abovementioned findings of the study and, where applicable, on the measures to overcome these obstacles to the effective functioning of the labour inspection system. In this regard, the Committee also requests that the Government provide detailed information on the implementation of the activities planned within the abovementioned project.

Article 3(1)(a) and (b) of Convention No. 81 and Article 6(1)(a) and (b) of Convention No. 129. Labour inspection activities to combat child labour (in agricultural workplaces). In its previous comment, the Committee noted a significant decrease in the number of violations detected in the area of child labour (from 436 in 2009 to 70 in 2011). Concerning child labour in agriculture, it noted that 53 per cent of all working children were estimated to work in the agricultural sector, mainly to harvest the cotton crop each season. It further noted that many of these children worked without masks or respirators, received little or no training on safety precautions for work with toxic pesticides and herbicides and routinely worked 11 hours a day, seven days a week, in 40 degree summer heat. While the Committee notes the general information provided by the Government on the measures taken by the labour inspectorate in the area of child labour (the recruitment and training of labour inspectors on modern inspection methods, the establishment of information systems with inspection data, the organization of numerous awareness-raising activities, etc.), it also notes that the Government has not provided the requested statistical information on the control and enforcement activities undertaken by the labour inspectorate, including in the area of child labour in the agricultural sector. The Committee therefore once again requests the Government to provide information on the number of inspection visits conducted in the area of child labour, the number of violations detected and the legal provisions to which they relate, as well as specific information on the penalties imposed (the amount of fines imposed and other measures ordered, such as the suspension of operations, imprisonment or other administrative or judicial measures taken in relation to users of child labour).

Article 3(1)(a) and (b) of Convention No. 81 and Article 6(1)(a) and (b) of Convention No. 129. Inspection activities in enterprises with less than 50 employees. In its previous comments, the Committee noted that only a small proportion of violations in the area of OSH were committed in large-scale enterprises. It noted the Government’s reference to information and awareness-raising sessions in enterprises with less than 50 workers and the requirement of small enterprises to regularly provide statistics on their level of compliance with OSH requirements. Concerning inspections in enterprises employing between 15 and 50 workers, and with less than 15 workers respectively, the Committee notes that the Government has not provided the requested information on control activities in these workplaces. The Committee therefore once again requests the Government to indicate the number of inspection visits in enterprises employing between 15 and 50 workers, and with less than 15 workers, respectively, and to indicate the number of violations detected in these enterprises.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. The Committee notes the Government’s indication that specialized training courses are currently being prepared for labour inspectors entrusted with controls in the area of OSH. It notes the Government’s commitment to communicate information on the number of participants in these trainings, as well as on their subjects, frequency and duration, once such information is available. The Committee notes with interest from the information available to the ILO that, in 2014, the first sign language course for labour inspectors was launched. Referring to its previous request in this regard, the Committee trusts that the Government will provide the requested information on the training provided to labour inspectors specifically in agriculture-related subjects, like the handling of chemicals and pesticides. The Committee also requests that the Government provide information on the implementation of the sign language training course for labour inspectors (the number of labour inspectors that were trained, etc.).

Article 8 of Convention No. 81 and Article 10 of Convention No. 129. Gender distribution of labour inspection personnel. The Committee previously noted the information provided by the Government according to which among the 681 inspectors entrusted with inspections in the area of OSH, 74 were women (that is, 9 per cent), and that among the 822 labour inspectors entrusted with general inspections, 279 were women (that is, 40 per cent). The Committee notes the Government’s indication that measures are taken to ensure that women inspectors are entrusted with the control of workplaces with a majority of women. In the absence of information provided in this regard, the Committee once again requests the Government to provide details of the different categories and grades of inspectors, and the gender distribution among these categories and grades.

Article 10 of Convention No. 81 and Article 14 of Convention No. 129. Geographical distribution of labour inspection personnel in relation to the distribution of the number of workplaces liable to inspection and workers employed therein. The Committee previously noted that the number of labour inspectors entrusted with inspections in the field of OSH had decreased from 1,039 in 2010 to 681 in 2012, and that the number of labour inspectors entrusted with general inspections had decreased from 856 to 822 in the same period. In this regard, the Committee notes the Government’s indication that additional labour inspectors have been recruited and that all retired labour inspectors were replaced by new recruits. In the absence of information provided in this regard, the Committee once again requests the Government to specify the number of labour inspectors entrusted with inspections in the area of OSH and in the area of general inspections assigned to the different administrative regions in relation to the distribution of the number of workplaces liable to inspection in these regions.

Articles 11 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Reimbursement of expenses incurred during the performance of labour inspection duties. The Committee previously noted the Government’s indication that in cases where labour inspectors use their own means of transportation, they are reimbursed their expenses in accordance with the relevant regulations on the reimbursement of transport allowances. In this regard, the Committee notes the Government’s indication that these regulations are currently being revised. The Committee requests the Government to provide information on whether a revised version of the regulations on the reimbursement of transport allowances has been issued. It also requests the Government to provide more detailed information on the modalities for the reimbursement of travel expenses, including information on whether all travel costs are reimbursed and, where applicable, to indicate limits to the amount of costs reimbursed to labour inspectors. It also once again requests the Government to provide information on the number and conditions of the vehicles made available to labour inspectors for inspections, as well as their distribution throughout its regional structures.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual reports on the work of the labour inspection services. In its previous comment, the Committee noted the annual report on the work of the labour inspection services for 2011, which did not contain information on labour inspection activities in agricultural workplaces. The Committee notes that since this report, no annual reports on the work of the labour inspection services have been received. However, it welcomes the Government’s commitment to ensure that future annual reports will contain data on labour inspection activities in agricultural enterprises. The Committee requests that the Government ensure that annual reports on the work of the labour inspection services are regularly communicated to the Office in accordance with Articles 20 and 26, and that they contain information on all the subjects enumerated in Article 21(a)–(g) of Convention No. 81 and 27(a)–(g) of Convention No. 129. The Committee requests that the Government communicate the information on labour inspection activities in agriculture either as a separate report or as part of the general report of the labour inspectorate, in conformity with Article 26 of Convention No. 129. The Committee also once again requests the Government to indicate the means of publication (website of the labour inspectorate, Official Gazette, etc.) of the annual labour inspection reports.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Referring to its observation, the Committee would like to note the following additional points.

Articles 3(1)(a) and 10. Geographical distribution of labour inspection personnel in relation to the distribution of the number of workplaces liable to inspection and workers employed therein. The Committee notes that the number of labour inspectors entrusted with inspections in the field of occupational safety and health (OSH) decreased from 1,039 in 2010 to 681 in 2012, and that the number of labour inspectors entrusted with general inspections decreased from 856 to 822 in the same period. It further notes the Government’s indications that all workplaces in the private sector are liable to inspections, including those not considered industrial or commercial. It notes that inspectors are attached to administrative divisions by virtue of an internal administrative order, and that they are required to rotate periodically between different regions and normally do not remain in one region longer than two years. The Committee once again requests the Government to indicate the number of labour inspectors entrusted with inspections in the area of OSH and in the area of general inspections assigned to the different administrative regions in relation to the distribution of the number of workplaces liable to inspection in these regions. Please also provide an explanation for the significant decrease in the total number of labour inspectors.

Article 3(1)(a) and (b). Inspection activities in enterprises with less than 50 employees. The Committee notes the Government’s indications according to which enterprises with less than 50 employees are subject to inspections according to established inspection plans, and that enterprises with less than 15 employees are subject to periodic inspections. Furthermore, enterprises employing between 15 and 50 employees are required to submit statistics twice a year, which are considered to be an indicator for the level of observance with OSH requirements. The Committee further notes from the information provided in the annual report on the work of the labour inspection services for 2011, that information and awareness-raising sessions have been held in 69 enterprises with less than 50 employees. Having previously noted the small proportion of violations in the area of OSH committed in large-scale enterprises, the Committee requests the Government to indicate the number of inspection visits in enterprises with less than 50 and less than 15 employees, respectively, and to indicate the number of violations detected in these enterprises.

Article 8. Gender distribution of labour inspection personnel. The Committee notes the information provided by the Government according to which among the 681 inspectors entrusted with inspection in the field of OSH, 74 are women (i.e. 9 per cent), and among the 822 labour inspectors entrusted with general inspections, 279 are women (i.e. 40 per cent). Since the Government has not provided the information requested under this Article, the Committee once again asks it to provide details of the different categories and grades of inspectors, and the gender distribution among these categories and grades. It further asks the Government, once again, to provide information on whether there are duties with which women inspectors are especially entrusted, for example in workplaces employing a majority of women or a significant number of young workers.

Articles 11 and 16. Means of transport and transport-related facilities necessary for the performance by labour inspectors of their duties in industrial and commercial workplaces. The Committee notes the Government’s indications relating to the availability of means of transportation in all directorates for inspections in the area of OSH, as well as the indication that in cases when labour inspectors use their own means of transportation, they are reimbursed after the completion of dedicated transport allowance forms, in accordance with the relevant regulation on the reimbursement of transport allowances. The Committee asks the Government to provide a copy of the abovementioned regulation on the reimbursement of the costs and expenses for the discharge of labour inspectors’ duties. It further asks the Government, once again, to describe the procedure to be followed by inspectors to obtain the necessary transport facilities and reimbursements for their professional travel, including any incidental expenses.

Please also provide information on the number and conditions of the vehicles made available to labour inspectors for inspections, as well as their distribution throughout its regional structures.

Articles 5(a) and (b) and 14. Cooperation and collaboration between the inspection services and other government services and workers and employers in the area of OSH. The Committee notes that the Government refers to the legal framework (section 229 of the Labour Code and Order No. 114 of 2003) for the establishment of annual research plans in the area of OSH and aimed at identifying occupational activities which involve exposure to risks, through collaboration between the Department of OSH at the Ministry of Manpower and Migration and the National Centre for Industrial Safety Studies, but does not provide the requested information on any practical measures taken in this regard. The Committee further notes, from the annual report on the work of the labour inspection services for 2011, that technical committees have been established under the authority of the Advisory Body on OSH by Ministerial Decree No. 218 of 12 September 2011. The Committee once again requests the Government, with reference to its previous comments, to provide information on the content of any annual plans established and, if possible, a relevant copy and relevant statistics resulting from its implementation, as well as on any other measures adopted in the abovementioned framework. It further asks the Government to provide a copy of the abovementioned Ministerial Decree, and to provide information on the composition and mandate of the technical committees referred to above, as well as on their activities during the period covered by the next report.

Articles 20 and 21. Annual reports on the work of the labour inspection services. The Committee notes the statistical information provided in the annual report on the work of the labour inspection services for 2011, including the number of labour inspection visits, the number of infraction reports established, and the number of industrial accidents and cases of occupational diseases. According to the Government’s indications under the Labour Inspection (Agriculture) Convention, 1969 (No. 129), annual reports on the work of the labour inspection services are published and subsequently sent to the Office. The Committee further notes the information provided in the Government’s report, according to which 22,561 violations of labour law provisions were detected in 2011, and that there were 22,442 convictions, six acquittals and 113 sentences with a stay of execution. However, the Committee observes that statistics on the penalties imposed (Article 21(e)) have still not been included in the annual labour inspection report. Referring to its previous comment under these Articles, where the Committee drew the Government’s attention to Paragraph 9(e) of Recommendation No. 81 and the Committee’s 2007 general observation, the Committee once again asks the Government to take the necessary measures in the future so that annual reports on the work of the labour inspection services contain detailed information on the penalties imposed (fines, sentences of imprisonment, acquittals, etc.) and the legal provisions to which they relate. Furthermore, the Committee asks the Government to indicate the means of publication (website of the labour inspectorate, Official Gazette, etc.) of the annual labour inspection reports sent to the Office.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3(1) (a) and (b) of the Convention. Labour inspection and child labour. The Committee notes the information provided by the Government on the activities of the labour inspectorate in the area of child labour, which corresponds to a large extent to the information previously provided in the Government’s reports under the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182). In this regard, the Committee notes, for instance, the existence of a special department for child labour inspections under the Ministry of Manpower and Migration (MoMM), as well as child welfare units in all MoMM directorates. The Committee also welcomes the Government’s indication that a number of awareness-raising activities on the rights of children have been organized. Finally, the Committee notes that 70 violations of provisions relating to child labour were detected in 2011, and that the penalties provided for under the national legislation were applied in these cases. The Committee understands, from the information previously contained in the Government’s report under Convention No. 138, that the number of violations detected in the area of child labour seems to have significantly decreased (from 436 in 2009 to 70 in 2011). Noting that the Government has not provided the information requested in this regard, the Committee once again asks the Government to provide information on measures adopted to reinforce the role of the labour inspectorate in the area of child labour. It asks the Government to provide the Office with information on the educational activities carried out by the labour inspectorate, as well as on the number of inspection visits conducted in the area of child labour, the number of violations detected and the legal provisions to which they relate, as well as specific information on the penalties imposed (the amount of fines imposed and other measures ordered, such as the suspension of operations, imprisonment or other administrative or judicial measures taken in relation to users of child labour), during the period covered by the next report.

Please also provide an explanation of the reasons for the decrease in the number of violations of child labour detected.

Noting that the annual reports on the work of the labour inspection services for 2010 and 2011 do not contain any information on the work of the labour inspectorate in the area of child labour, the Committee requests the Government to ensure that relevant information will be included in future annual inspection reports.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

With reference to its observation, the Committee wishes to raise the following additional points.

Articles 3(1)(a) and 10 of the Convention. Geographical distribution of labour inspection personnel in relation to the distribution of the number of workplaces liable to inspection and workers employed therein. The Committee notes that, according to the Government, there are 1,039 inspectors entrusted with inspections in the field of safety and health, and 856 entrusted with general inspections: industrial and commercial workplaces are liable to these two types of inspection. The Committee would be grateful if the Government would indicate whether the above inspectors are entrusted with conducting inspections solely in industrial and commercial workplaces, or in all workplaces in the private sector, and if it would also indicate the geographical distribution of labour inspection personnel in relation to the distribution of the number of workplaces liable to inspection.

Article 8. Gender distribution of labour inspection personnel. The Government provides indications on the distribution of men and women inspectors amongst the personnel, according to which women inspectors represent around 40 per cent of the inspection personnel in the field of safety and health and 25 per cent of the general labour inspection personnel. The Committee once again requests the Government to provide details of this distribution by grade and to indicate whether there are duties with which women inspectors are especially entrusted, for example in workplaces employing a majority of women or a significant number of young workers.

Articles 11 and 16. Means of transport and transport-related facilities necessary for the performance by labour inspectors of their duties in industrial and commercial workplaces. The Government indicates that the Ministry of Manpower and Migration provides inspectors with the means of transport necessary for the discharge of their duties or reimbursements, and that the Five year Plan 2008–12 envisages the delivery of ten cars to provinces where there are agricultural activities at the rate of two each year. The Committee would be grateful if the Government would provide a copy with its next report of any legislation governing the reimbursement of the costs and expenses necessary for the discharge of inspection duties and if it would describe the procedure to be followed by inspectors to obtain the necessary transport facilities and reimbursements for their professional travels including any incidental expenses. It would also be grateful if the Government would indicate the distribution of the vehicles made available to labour inspectors for inspections in the industrial and commercial workplaces covered by the Convention and describe the procedure to be followed for them to be able to obtain a vehicle for that purpose.

Articles 5(a) and 14. The Committee notes the statistics provided by the Government on the number of serious accidents and cases of occupational disease received from the Central Department of Safety and Health for the year 2009. With reference to its previous comments on the collaboration between the Department of Occupational Safety and Health of the Ministry of Manpower and Migration and the National Centre for Studies entrusted with this issue, with a view to the establishment of an annual research plan aimed at identifying occupational activities which involve the most serious exposure to risks, such as chemical, mechanical or physical hazards, the Committee requests the Government to provide information on the establishment of this annual plan, relevant statistics resulting from its implementation as well as on any other measure adopted in this framework.

Moreover, the Committee once again requests the Government to:

• -indicate the activities of a preventive nature undertaken by the labour inspectorate in workplaces occupying fewer than 50 persons, and the results obtained; and
• -keep the ILO informed of the impact of the recommendations made by health and safety research bodies to the 188 occupational safety and health committees established throughout the country.

Articles 20 and 21. Preparation and publication of an annual report. The Committee notes with interest that the annual labour inspection report for 2010 contains detailed statistics on workplaces inspected and the number of workers employed therein disaggregated by sex, inspection visits, violations reported and industrial accidents and cases of occupational disease. The Committee however observes that the annual labour inspection report does not contain statistics on the penalties imposed (Article 21(e)). The Committee recalls that Paragraph 9(e) of Recommendation No. 81 indicates that statistics of violations and penalties should include, among other elements, the number of infringements reported to the competent authorities and the penalties imposed, as well as particulars of the nature of the penalties imposed by the competent authorities in the various cases (fines, imprisonment, etc.). The Committee also draws the Government’s attention to its 2007 general observation in which it observed, among other matters, that the effectiveness of the binding measures taken by the labour inspectorate depends to a large extent on the manner in which the judicial authorities deal with cases referred to them by, or at the recommendation of labour inspectors. The Committee hopes that the necessary measures will be taken to ensure that future annual reports contain detailed information on the penalties imposed in accordance with the legal provisions violated.

The Committee also reminds the Government of its obligation to ensure that, in accordance with Article 20, the central authority publishes the annual inspection report, and requests it to indicate whether the report provided to the ILO has been published and, if not, to take the necessary measures for that purpose and to keep the Office informed of any progress in this respect.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3(1)(b) of the Convention. Labour inspection and child labour. The Committee notes the information provided by the Government in its report on the present Convention and on the Minimum Age Convention, 1973 (No. 138), concerning the awareness-raising activities on child labour which have been undertaken, including national and local seminars. The Committee notes with interest from the Government’s report that awareness-raising seminars were held at schools, high schools and colleges on the matters related to occupational safety and health like the preparation of an emergency plan, crisis management and fire responses. Referring also to its comments under Convention No. 138, the Committee requests the Government to continue to provide information on measures adopted to reinforce the role of the labour inspectorate in the field of child labour. With reference to Paragraph 7 of the Labour Inspection Recommendation 1947 (No. 81), it requests the Government to indicate the measures adopted with a view to organizing the broad dissemination of information by the labour inspection services, through media accessible to the majority of the population (radio, television, the written press and cars equipped with megaphones) on the harm caused by child labour and the proceedings envisaged by the law against users of child labour. The Committee also requests information on the number of violations reported by labour inspectors and the sanctions applied (the amount of fines and other measures, such as the suspension of operations, imprisonment or other administrative or judicial measures) in the field of child labour, and particularly in high-risk sectors.

The Committee hopes that the Government will be able to provide information on any measure adopted in this respect and that it will ensure that statistics of the inspection services on cases of violations and the sanctions applied are published regularly, broadly disseminated and communicated to the ILO.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee takes note of the Government’s brief report and the information in reply to its previous comments, including several statistical tables. It regrets, however, that the tables concerning infringements and relevant inspection activities (infringement reports, penalties and other data) for the year 2007, are partly illegible due to the quality of the photocopy.

Article 3, paragraph 1(a), and Article 10 of the Convention. Geographical distribution of labour inspection personnel, in relation to the distribution of the number of workplaces and workers employed therein. The Committee notes that, according to the statistics for the period July 2007–June 2008, 590 inspectors covered 859,515 workplaces employing 2,044,903 persons. According to the Government in its report under Convention No. 129, the labour inspectorate attached to the Ministry of Manpower and Migration is in charge of all private sector enterprises and agricultural enterprises. The Government’s report under Convention No. 182 on the Worst Forms of Child Labour, 1999, specifies that between 2006 and 2007, 2,000 labour inspectors had reported 72,000 violations of relevant legal provisions. The Committee would be grateful if the Government would specify the number of labour inspectors currently in charge of the enforcement of the legal provisions relating to conditions of work and the protection of workers in industrial and commercial workplaces.

Article 8. Gender distribution of labour inspection personnel. While noting that, according to the Government, the gender distribution of labour inspectors has remained unchanged during the period covered by the report, the Committee would be grateful if it would provide details on this distribution according to grade and category, and indicate any observations made either by the central inspection authority, or by employers, workers or their respective organizations as to any differences in the approach to their duties, of male and female inspectors, especially in workplaces employing mostly women or a significant number of young workers.

Article 3, paragraph 1(b) of the Convention, and paragraph 7 of Recommendation No 81. Labour inspection and child labour. Educational tools on prevention and publicity on penalties. In its comments under Part V of the report form concerning Minimum Age Convention, 1973 (No. 138), the Committee refers to an observation from the former International Confederation of Free Trade Unions (ICFTU) pointing out that children were found to be working in repair and handicraft workshops, as well as in such heavy industries as brick making, textile, leather works and carpet making. According to the international organization, they are exploited by such long hours of work that their very lives are jeopardised. The Committee also refers in the same comment, to information, published on the website of the Office of the UN High Commissioner for Refugees, concerning child labour in other highly hazardous sectors, including building trades, carpentry, mines and quarries. The Government is requested to increase its efforts to promote the wide dissemination of information by the labour inspection authority, through media accessible to the majority of the population (radio, TV and newspapers) or by means of cars equipped with megaphones in localities particularly affected by the phenomenon of child labour, about its adverse effects. In this manner, the families and employers concerned might also be informed that the prosecution of those who use child labour is provided for by relevant laws. The Committee hopes that the Government will supply information on any practical measures taken in this direction and that it will ensure that statistics on cases of violations (and the legal provisions concerned) and penalties imposed (amounts of fines and other actions such as suspension of activities, closure, imprisonment or other administrative or judicial measures) are regularly published, widely disseminated and communicated to the ILO.

Articles 11 and 16. Means of transport and transport-related facilities necessary for the performance by labour inspectors of their duties in industrial and commercial workplaces. The Committee requests the Government to describe the means of transport and transport-related facilities (distribution of vehicles if any, arrangements made with public transport agencies, payment of transportation allowances, reimbursement of travel and travel-related expenses) made available to labour inspectors in order to give effect to Article 16, according to which workplaces shall be inspected as frequently as is necessary to ensure the effective application of the provisions of Article 3, paragraph 1, of the Convention.

Articles 5(a) and 14. Notification of industrial accidents and cases of occupational disease. The Committee notes with interest the collaboration between the Department of Occupational Health and Safety of the Ministry of Manpower and Migration and the National Centre for Studies charged with this issue, with a view to the establishment of an annual research plan based on the inspectors’ report and statistics, aimed at identifying skills and industries which involve the most serious exposure to chemical, mechanical or physical hazards. The Committee would be grateful if the Government would supply the relevant statistics which have been submitted, to this end, to the national research centre mentioned above.

Noting the small proportion of violations in the area of occupational safety and health committed in large-scale enterprises, the Committee would be grateful if the Government would indicate labour inspection activities of a preventive nature undertaken in workplaces occupying fewer than 50 persons and the results achieved.

The Committee would also be grateful if the Government would keep the ILO informed about the impact of the recommendations on health and safety of the research bodies disseminated to the 188 occupational safety and health committees established throughout the country.

Articles 20 and 21. While noting the statistics on labour inspection activities and on the number of workplaces and workers covered, the Committee notes that no annual report as prescribed by the above provisions has been communicated to the ILO. The Committee requests the Government to take measures to ensure that such a report is published and communicated promptly to the ILO. Recalling that it should contain information on the subjects defined by paragraphs (a)–(g) of Article 21, the Committee hopes that the directives provided by Paragraph 9 of Recommendation No. 81 will be taken into account in its elaboration. The Committee would like to draw the Government’s attention on the possibility of requesting ILO technical assistance to this end.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Monitoring of the occupational safety and health conditions of young workers. The Government indicates that child labour inspection units have been set up in all the directorates. The Committee asks the Government to provide more detailed information on these specific units, in particular with regard to the number of inspectors working therein and the results of their activities.

2. Article 8 of the Convention. The specific role of female labour inspection staff. The Government is asked to provide information on changes in the number of female labour inspection staff, as it said it would in its last report.

3. Article 21(c) and (e). Information contained in the annual inspection report. With reference to its previous observation, the Committee notes with interest the statistics communicated pursuant to Article 21 of the Convention. It notes that the Government has communicated statistics on the number of warnings issued, measures ordered and infringements reported by labour inspectors as a result of their visits. It seems, however, that inspection activities are mainly geared towards monitoring the legality of employment (approximately 60 per cent), rather than to activities aimed at monitoring conditions of work and the protection of workers while engaged in their work. The Committee would be grateful if the Government would ensure that the statistics tables relating to penalties also indicate the nature of the provisions violated.

4. Assessment of the situation concerning occupational safety and health and outlook. The Committee notes with interest the communication of detailed statistics on occupational accidents and diseases for the 2004-05 period. It would be grateful if the Government would indicate the manner in which this information has been used by the central inspection authority to develop an inspection policy aimed at reducing occupational hazards. It also asks the Government to ensure that the statistics tables on inspection activities are supplemented by an indication of the number of workplaces liable to labour inspection and the number of workers employed therein. This information is vital for evaluating the effective coverage with regard to needs.

5. Publication of the annual report. The Committee reminds the Government of its obligation to ensure that the central authority publishes the annual inspection report, in accordance with Article 20 of the Convention, and would be grateful if the Government took measures to this end and kept the Office informed of any progress made in this respect.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with interest the Government’s report containing information in reply to its previous requests. It also notes with interest the inspection procedures manual and the statistics relating to labour inspection activities for 2005. The supplementary information communicated by the Government enables the Committee to note with interest that the provisions of the 2003 Labour Code and its implementing texts focus on the particular development of the role of the labour inspectorate in the fields of occupational health and safety, and that the application of these provisions and texts is reflected in the statistics relating to occupational accidents and diseases which are found in the annual inspection report.

1. Strengthening of occupational risk prevention. The Committee notes with interest that, pursuant to sections 218 and 219 of the Labour Act, the employer is now required to organize regular medical examinations for all workers and not only for those exposed to hazards, as was the case in the former text. The Committee also notes that enterprises are now required to provide workers with training and information on the risks inherent to the activity carried out, and that they are also required to provide adequate protective equipment and to ensure that such equipment is used by workers. The Committee would be grateful if the Government would provide additional information on the manner in which labour inspectors are responsible, in practice, for monitoring compliance with these provisions, the purpose of which is to prevent and reduce occupational hazards.

2. Effective cooperation between the labour inspection services and research centres. The Committee notes that section 1 of Decree No. 114 of 2003, establishing the rules and procedures for research and studies in the field of health, occupational safety and occupational environment safety, provides that the National Research Centre for Industrial Safety shall take into consideration the recommendations of inspectors from both the General Department of Occupational Health and Safety and the Ministry of Health. The Committee also notes with interest that the General Authority for Occupational Health and Safety has carried out studies and research on certain chemical substances that can affect workers’ health. The Committee asks the Government to communicate to the ILO copies of any documents issued by these authorities concerning the matters covered by the Convention.

3. The Committee notes with interest that, by virtue of Decrees Nos. 152 of 2003 and 154 of 2003, tripartite bodies responsible for health and safety issues at national, provincial and enterprise level have been created in application of the provisions of the Labour Code. The Government is requested to communicate copies of any documents establishing the implementation in practice of these provisions and the operation of such committees.

The Committee is addressing a request directly to the Government on certain points.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report and the information that it contains in reply to its previous request. It also notes the relevant provisions of Books 5 and 6 of Labour Act No. 12 of 2003 and the decrees issued under the Act. The Committee requests the Government to provide copies of the manual of procedures for industrial safety and the manual of procedures for labour inspection.

Powers of injunction of inspectors. The Committee notes with interest that, under the terms of section 225 of the Labour Act, in the event of the sudden occurrence of a danger threatening the safety of the establishment, the health of workers or the safety of the workplace, the competent administrative authority may, on the basis of the reports of the Occupational Safety and Health and Working Environment Inspection Agency, order the total or partial closure of establishments or the stoppage of machines until the causes of the danger are removed. The Committee requests the Government to provide copies of any texts issued under this provision and to specify, firstly, the authority vested with the powers of injunction established by the above section of the Labour Act and, secondly, whether it is envisaged to attribute the powers of injunction established in Article 13(b) of the Convention to the inspectors of the Occupational Safety and Health and Working Environment Inspection Agency or to another authority.

Publication of an annual report. With reference to its previous direct request, the Committee notes with regret that the annual report of the labour inspectorate for 2003-04 attached to the Government’s report does not contain the statistics required on industrial accidents and occupational diseases (Article 21(f) and (g) of the Convention), nor any other information enabling it to assess the scope of the activities of the labour inspectorate in the field of occupational safety and health, in accordance with Article 13 of the Convention. It requests the Government to ensure that the annual inspection report contains the required information and is published and transmitted to the ILO within a reasonable period (Article 20).

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the attached documents, as well as the replies to its previous comments. Additional information is still desirable on the following points.

1. Prevention of employment accidents and occupational diseases. In its previous comments, the Committee expressed its concern at the high number of employment accidents, work-related deaths and occupational diseases reported by the statistics over recent years and requested the Government to indicate the action which had been taken or was envisaged with a view to ensuring greater safety at the workplace under the supervision of the labour inspection services. The Government was also requested to indicate the manner in which labour inspectors supervise the application of legal provisions respecting occupational safety and health and to describe the procedures applicable, particularly in the cases covered by Article 13 of the Convention. In its report, the Government cites in response a number of legal texts respecting the protection of young workers, as well as other texts on safety and health. The annual report for the period ending June 2000 contains statistics of violations mainly related to legal provisions respecting work permits and other fields of social legislation. The Committee does not therefore have at its disposal information enabling it to assess the action of the labour inspectorate intended specifically to reduce the number of accidents and cases of occupational diseases. The Committee would be grateful if the Government would provide detailed information on the means of action of labour inspectors in practice to supervise compliance at the workplace with the relevant legal provisions and the elimination by the employer or his or her representative of situations which they deem to constitute a potential threat or an imminent danger to the health or safety of the workers. The Committee hopes that the Government will also be in a position to provide copies or extracts from documents relating to cases in which the relevant procedures have been followed.

2. Functioning of the Tripartite Commission on Safety and Health in Enterprises. Noting the establishment, under the terms of section 128 of the Labour Code of 1981, of the Tripartite Commission responsible for issues relating to occupational safety and health, the Committee requests the Government to provide copies of any texts issued concerning its establishment, functions and operation, as well as any extracts of reports of its activities related to the matters covered by the Convention.

3. Specific role of women in the labour inspectorate (Article 8 of the Convention). Noting that, in response to the Committee’s previous comment on this point, the Government cites a paper published in 1999 by the General Administration and Regulation Authority in which it indicates that the proportion of women in the staff of the labour inspectorate is 9.17 per cent, the Committee would be grateful if the Government would provide a copy of this work and supply information in its next report on the special role of women labour inspectors.

4. Supervision of the safety and health conditions of young workers. The Committee would be grateful if the Government would provide a copy of Ministerial Order No. 229 of 2000 respecting the establishment of the inspection service for child labour, which the Government indicates is attached to the Central Authority for Workers Welfare, as well as any other text respecting its functions and operation and the activities that it may already have commenced.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

With reference to its observation under the Convention, the Committee notes the Government’s report for the period ending June 1997, and the detailed information contained in the annual inspection reports from 1995 to 1999. It requests the Government to provide additional information on the following points.

1.  Prevention of employment accidents and occupational diseases.  The Committee notes a worrying increase in the employment accidents, work-related deaths and occupational diseases reported over recent years and draws the Government’s attention to the need to take the appropriate measures for the prevention of occupational risks. It would be grateful if the Government would indicate the measures which have been taken or are envisaged with a view to ensuring greater safety at the workplace under the control of the labour inspection services.

2.  Powers of injunction of labour inspectors.  The Committee notes the statistics provided in the annual inspection reports concerning violations and the penalties imposed in the event of violations of the legal provisions which are under the supervision of the labour inspectorate. It notes that these statistics do not cover issues relating to occupational safety. It therefore requests the Government to provide details on the manner in which labour inspectors supervise the application of legal provisions respecting occupational safety and health and to describe the procedures applicable, particularly in relation to the provisions of Article 13.

3.  Cooperation and collaboration in respect of labour inspection.  The Committee notes the Government’s indications concerning the collaboration between the labour inspection services and other government services, and particularly the inspection services of the Ministry of Transport and local administrations in governorates, and it wishes to recall that, in accordance with Article 5(b),the competent authority shall make appropriate arrangements to promote collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee would be grateful if the Government would provide detailed information, firstly, on the nature and forms of the cooperation of the labour inspection services and the services referred to in its report for 1997 and, secondly, on any measure which has been taken or is envisaged under Article 5(b) to promote collaboration with the social partners or their representatives.

4.  Participation and role of women in the staff of the labour inspection services.  The Committee notes with interest the data provided concerning the permanent and temporary staff of the labour inspection services. It would be grateful if the Government would provide information on the proportion of women in the staff, at each level of responsibility, and if it would indicate whether, as envisaged in Article 8 of the Convention, special duties are assigned to men and women inspectors respectively.

5.  Labour inspection and child labour.  The Committee notes that the annual labour statistics show a significant number of young persons engaged in certain economic sectors. It would be grateful if the Government would indicate whether specific measures are taken by the inspection services to supervise the working conditions of young persons, particularly with regard to their health and their physical and moral safety at the workplace.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

With reference to its previous observation, the Committee notes with interest that the Government has taken the necessary measures for the preparation, publication and transmission to the ILO on an annual basis of a general report on the work of the inspection services. The Committee notes the detailed information contained in the annual reports from 1995 to 1999 and trusts that such reports will continue to be transmitted to the ILO and that, in particular, they will make it possible for the Government to draw lessons for the future with a view to improving the working conditions and protection of workers in the exercise of their occupations.

The Committee is addressing a request on certain matters directly to the Government.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Further to its previous observation, the Committee notes with interest the Government's report and the labour inspection and industrial safety reports for the first six months of 1993. It also notes that these reports are published in the form provided for by Article 20 of the Convention and that they contain the relevant subjects required by Article 21 of the Convention. The Committee further notes the Government's indication that some inspection reports are prepared on a six-monthly basis and others on a yearly basis. The Committee draws the Government's attention to Article 20 which requires that a general report be published annually. It also refers to the explanations contained in paragraph 278 of its 1985 General Survey on labour inspection to express the desirability of publishing such reports in a single document, unless they result from the work of autonomous labour inspection services covering different branches of activity or different objects of supervision. It hopes the Government will take these points into account, so that the manner in which the Convention is being applied can be duly appreciated.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous comments made over many years, the Committee notes, from the Government's report covering the period ending June 1993 and from the statistical information provided, the information that a report on the activities of the inspection services for the years 1990-91 has been passed on to the Government and that the Government is preparing the annual inspection report for the period ending 30 June 1993 which it will communicate to the Office when completed. It also notes the annual report on safety at work containing statistics of occupational diseases and serious industrial accidents. It further notes that Ministerial Decree No. 33 of 1991 provides for the powers and duties of the Ministry of Labour including the labour inspectorate. The Committee underlines the importance of duly prepared inspection reports at the national and international levels for the assessment of whether workplaces are being inspected as often and as thoroughly as necessary, in accordance with Article 16 of the Convention. It is bound to observe that the Convention requires these data to be published regularly and, as indicated at paragraph 277 of the Committee's 1985 General Survey on Labour Inspection, widely disseminated among the authorities and administrations concerned and among workers' and employers' organizations, and placed at the disposal of all interested parties. The Committee also notes that the statistics of penalties imposed which are required under Article 21(e) have not been provided. It trusts the Government will indicate the measures taken or envisaged to ensure that the central inspection authority publishes and transmits to the ILO a regular annual inspection report within the time-limits set by Article 20, and containing all the information required by Article 21 of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Articles 20 and 21 of the Convention. Further to its observation, the Committee notes the limited information and statistics provided with the Government's report. It is bound, however, to observe that the Convention requires these data to be published regularly and, as indicated at paragraph 277 of the Committee's 1985 General Survey on Labour Inspection, widely disseminated among the authorities and administrations concerned and among workers' and employers' organisations, and placed at the disposal of all interested parties. Additionally, the Committee notes that the statistics of penalties imposed, industrial accidents and occupational diseases required under Article 21(e), (f), and (g) have not been provided. Please indicate what steps are taken or envisaged to ensure that the central inspection authority publishes and transmits to the ILO a regular annual inspection report containing all the information required by the Convention.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

In comments made over many years, the Committee has drawn attention to the need to compile, publish and transmit to the ILO each year inspection reports containing all the information required by the Convention (Articles 20 and 21). Such reports, duly prepared, are essential at both the national and international levels in order to assess whether workplaces are being inspected as often and as thoroughly as necessary, in accordance with Article 16. The Committee is again addressing a direct request to the Government concerning the implementation of these Articles.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 20 and 21 of the Convention. While noting the statistical tables for 1987 supplied by the Government with its 1988 report, the Committee wishes to draw the Government's attention to the fact that the above Articles of the Convention provide that a general annual report on the work of the inspection services including statistics on the subjects listed at Article 21 must be published and transmitted to the International Labour Office within 12 months after the end of the year to which it relates. The Committee trusts that the Government will take the necessary steps to ensure that, in future, the requirements of these provisions are fully observed.