Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Kazakhstan (Ratification: 2001)

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

Previous comment

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

The Committee notes the observations of the Trade Union of Workers in the Fuel and Energy Complex (TUWFEC), received on 26 August 2022 and the observations of the International Trade Union Confederation (ITUC) received on 1 of September 2022, on the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 3(1)(a) and (b) of Convention No. 81 and Article 6(1)(a) and (b) of Convention No. 129. Preventive functions of labour inspection and other forms of state control. In reply to the Committee’s previous comment, the Government indicates that in accordance with section 191(5) of the Labour Code and section 137(1) of the Entrepreneur Code, state monitoring of compliance with the labour legislation is carried out in the form of inspections and preventive monitoring. No other forms of control are currently provided for by law. The Government also indicates that, section 197 of the Labour Code, which provided for other forms of state control, is repealed by Act No. 156-VI of 24 May 2018. The Committee takes notes of this information which addresses its previous request.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129.Supervision and control of the labour inspection system by a central authority. Following its previous comment, the Committee notes the Government’s indication that the Committee for Labour and Social Protection (CLSP) of the Ministry of Labour and Social Protection organizes the state monitoring of compliance with labour legislation. It supervises and coordinates the activities of local labour inspection bodies by sending instructions and requests, while local labour inspection bodies present their work to the CLSP by regular periodic reports. Moreover, the CLSP provides methodological support to local labour inspection bodies and clarifies legal matters upon request. The Committee also notes sections 16 and 17 of the Labour Code provide for the competences of the central labour authority and local labour inspection bodies. The Committee takes note of this information which addresses its previous request.

Articles 5(a) and 17 of Convention No.81 and Articles 12(1) and 22 of Convention No. 129. Effective cooperation between the labour inspection services and the justice system. Following its previous comment, the Committee notes the Government’s information, according to which, trainings on the application and enforcement of labour legislation for labour inspectors are planned for the year of 2023, with members of the judiciary and the prosecutor’s office invited as lecturers. Labour inspectors forwarded 1,088 cases to law enforcement agencies on breaches of OSH requirements, and 127 criminal proceedings were initiated as a result. Moreover, 75 cases were sent to the court for administrative prosecution of employers. The Government refers to section 193(11) of the Labour Code, which provides that labour inspectors have the right to send to the relevant law enforcement agencies and courts, information, statement of claims and other materials on violations of labour legislation and non-fulfilment by employers of orders of labour inspectors. While noting this information, the Committee requests the Government to continue to provide statistical information on the number of cases submitted to judicial bodies, as well as the nature and results of such cases, including specific information on any civil or criminal sanctions imposed against employers.

Articles 6 and 7(1) and (2) of Convention No. 81 and Articles 8 and 9(1) and (2) of Convention No.129. Status and conditions of service. Conditions for the recruitment of inspection staff. The Committee notes that, in reply to its previous comment, the Government refers to the Law on Civil Service, indicating that labour inspectors belong to corps “B” civil service positions, for which the following recruitment steps shall apply: (1) testing in the manner determined by the authorized body; (2) assessment of personal qualification with submission of an opinion to the authorized body; and (3) general competition for corps “B” civil service positions. The Government reiterates that candidates for the post of state labour inspector are required to have high legal, economic or technical education qualifications. The Committee also notes sections 27–29 of the Civil Services Act which provide for detailed procedures of competitions for taking up a corps “B” civil service position. In addition, section 17(4) provides that qualification requirements to corps “B” civil service positions are developed with account of main activities and official powers of the relevant state body and its structural units, on the basis of standard qualification requirements approved by the authorized body. The Committee takes note of this information which addresses its previous request.

Articles 10 and 11(1)(b) and (2) of Convention No. 81 and Articles 14 and 15(1)(b) and (2) of Convention No. 129. Human resources and material means of the labour inspectorate. Following its previous comment, the Committee notes the information provided by the Government, according to which, as of 1 August 2022, 258 state labour inspectors are working throughout the country (increased from 242 in 2021), with 38 official vehicles (increased from 33 in 2021). The Government also indicates that provision is made for reimbursement of business travel expenses in case of a need to visit enterprises in other areas. Two or three official vehicles are provided to each territorial subdivision.

In its observation ITUC reiterates that the actual number of state labour inspectors is not sufficient for adequate oversight of the observance of labour rights and does not allow for performing preventive activities on a larger scale. In addition, according to TUWFEC, inspectors are mostly based in administrative centres and large cities and there are no local labour inspection bureaus in rural areas. This complicates the work of the inspectorate in these areas since inspectors cannot respond promptly to workers’ appeals. The Committee requests the Government to continue to provide information on the resources allocated to the labour inspection service, including the number of local labour inspection bureaus and the budget for labour inspection functions at the local levels, as well as the number of inspection staff, the transport facilities and office space available to labour inspectors. It also requests the Government to provide its comments with respect to ITUC’s and TUWFEC’s observations.

Articles 12(1)(a) and 15(c) of Convention No. 81 and Articles 16(1)(a) and 20(c) of Convention No. 129. Inspections without previous notice. Duty of confidentiality in relation to complaints. The Committee notes that the Government refers to section 144(4) and (5) of the Entrepreneur Code, which provide that unscheduled inspections can be undertaken on specific grounds such as: (i) when there is a complaint from individuals and legal entities regarding specific violations of the requirements of the legislation which, if not addressed, would entail harm to human life and health; (ii) instructions from the prosecutor’s office concerning specific cases entailing or threatening to cause harm to human life and health, the environment, or the legitimate interests of individuals, legal entities, or the State; and (iii) communications from state bodies concerning specific cases of harm to human life and health, the environment, or the legitimate interests of individuals, legal entities, or the State, and also specific violations of the requirements of the legislation, which, if not addressed, would entail harm to human life and health. The Government indicates that in 2021, 4,727 inspections were carried out on the basis of complaints from individuals. More than 10,000 breaches were identified, while 3,300 orders were issued to remedy these breaches. It indicates that, compared to 2020, the number of inspections following complaints increased by 9 per cent. The Committee recalls the importance of undertaking a sufficient number of inspections that are unannounced to ensure that when inspections are conducted as a result of a complaint without prior notice, the fact of the complaint is kept confidential. With regard to confidentiality of complaints, the Committee notes that according to section 10(10) and (11) of the Civil Service Act, civil servants are obliged to keep confidential state classified information and other secrets protected by law and not to disclose information received in the course of exercising official powers, which affects the privacy, honour and dignity of citizens. The Committee requests the Government to indicate the measures adopted in order to ensure that labour inspectors treat as absolutely confidential the source of any complaint and that no intimation is given to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. In addition, the Committee requests the Government to indicate whether the source of any complaints indicating a defect or breach of legal provisions falls into the scope of application of section 10(10) and (11) of the Civil Service Act.

Article 15(a) of Convention No. 81 and Article 20(a) of Convention No. 129. Ethical principles of labour inspection. Following its previous comment, the Committee notes the Government’s reference to section 51 of the Law on Civil Service, which prohibits a civil servant from exercising official authority if there is a conflict of interest. The Committee takes note of this information which addresses its previous request.

Matters specifically relating to labour inspection in agriculture

Articles 6(1) and (2) and 18 of Convention No. 129. Activities of the labour inspection services in occupational safety and health in agricultural undertakings. The Committee notes that according to TUWFEC national legislation does not provide labour inspectors with advisory or enforcement functions with reference to legal regulations relating to the living conditions of workers and their families. According to the same trade union and ITUC, the labour inspectorate monitors only formalized labour relations in agriculture, which does not allow it to cover situations where a violation is related to the failure of documentation of various legal requirements. In addition, according to TUWFEC, agriculture in the Akmola region in 2021 had the highest number of occupational accidents, exceeding even the mining and metallurgy industries which are considered as dangerous industries by the Ministry of Labour. The Committee requests the Government to provide information on the activities of labour inspectors in relation to agricultural undertakings, particularly on acts of supervision and prevention with a view to ensuring the protection of workers exposed to risks inherent to the use of chemicals, plant or complex machinery. The Committee also requests the Government to provide information on the number of measures with immediate executory force, such as suspension measures, adopted by labour inspectors in the agricultural sector. It also requests the Government to provide comments with respect to ITUC’s and TUWFEC’s observations.

Article 9(3) of Convention No. 129. Training for labour inspectors in agriculture. In reply to the Committee’s previous comment, the Government indicates that in 2022 training of state labour inspectors in the social and labour sphere has been carried out at the Ministry of Labour and Social Protection’s National Research Institute for Occupational Safety. The Government indicates that a training programme has been developed on applying labour legislation and carrying out state monitoring. While taking note of this information, the Committee requests the Government to provide information on training sessions intended specifically for labour inspectors performing their functions in the agricultural sector, on the number of labour inspectors receiving such training at each session, the subjects covered, and the duration of such sessions.

[ The Government is asked to reply in full to the present comments in 2024.]

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

Previous comment

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

The Committee notes the observations of the Trade Union of Workers in the Fuel and Energy Complex (TUWFEC), as well as the observations of the International Trade Union Confederation (ITUC) received on 1 September 2022, on the Conventions).

Articles 12 and 16 of Convention No. 81 and Articles 16 and 21 of Convention No. 129. Limitations and restrictions of labour inspections. Powers of labour inspectors. 1. Moratorium on labour inspections. Following its previous comment, the Committee notes with deep concern that the application period of the Presidential Decree No. 229 of 26 December 2019 “on the Introduction of a Moratorium on Inspections and Preventive Monitoring and Oversight with Visits in the Republic of Kazakhstan” has been extended to 1 January 2024 by Presidential Decree No. 44, of 7 December 2022. The moratorium, which has been in force since 1 January 2020, applies to labour inspections for private and state-owned enterprises belonging to the categories of small and micro-enterprises. The Committee notes that the exceptions to this moratorium are: (i) inspections aimed at the prevention or elimination of violations that potentially bear a major threat to human life and health, to the environment, to law and public order, or a direct or indirect threat to the constitutional order and national security; and (ii) inspections performed on the grounds specified by the Law of the Republic of Kazakhstan of 4 July 2003 on the Governmental Regulation, Control and Oversight of Financial Market and Financial Organizations. The Committee notes that Presidential Decree No. 44 of December 2022 adds unscheduled inspections conducted in accordance with the Entrepreneur Code of the Republic of Kazakhstan (No. 375-V ZRK of 29 October 2015, hereafter the Entrepreneur Code) as possible exceptions to the moratorium. The Committee also notes that section 144(12) of the Entrepreneur Code, as amended by Law No. 95-VII of 20 December 2022, retains the provision stipulating the possibility to suspend with a Government decision the state control and supervision over private business entities for a certain period of time.

The Government indicates in its report that inspections are carried out based on a decision by the head of the central state body or local authority. For this purpose, a model algorithm has been approved, which establishes a uniform procedure for assigning inspections to small and micro enterprises for compliance by local authorities. The Government also states that unscheduled inspections are initiated in cases of collective complaints from (three or more) workers on issues of non-payment of wages and other entitlements, wholesale dismissals and staff cuts, as well as violation of labour rights in the area of occupational safety and health. From 2020 to 2022, state labour inspectors carried out 196 inspections in small and micro enterprises where serious violations were found. However, the Committee notes that according to the observations of the TUWFEC, in response to complaints about violations of labor rights received from employees of small businesses, the labor inspectorate could only help complainants in preparing statements of claim to the court and in sending letters to employers about the necessity to follow labour laws, without any legal consequences for violations. In addition, none of the complaints to the labour inspectorate about violations of labour rights in agriculture were inspected due to the moratorium. The trade union also indicates that the necessity of inspections is confirmed by reports of numerous rights violations and accidents in workplaces during the moratorium.

In this respect, the Committee once again recalls its General Observation of 2019 on the labour inspection Conventions, expressing concern at reforms that substantially undermine the inherent functioning of labour inspection systems, including moratoria on labour inspections, and urging governments to remove these restrictions, with a view to achieving conformity with the Conventions. Recalling that a moratorium placed on labour inspection is a serious violation of the Conventions, the Committee expresses deep concern at the Government’s decision to extend the moratorium, and urges in the strongest possible terms the Government to act promptly to eliminate the temporary ban on inspections and to ensure that labour inspectors are empowered to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of Convention No. 81 and Article 21 of Convention No. 129.

2. Other restrictions on inspection powers. Following its previous comment on extensive restrictions on inspection and the frequency of inspection visits, the Committee notes the Government’s indication that the proposal for labour inspectors to visit workplaces without prior notice was considered as part of the implementation of the Action Plan to Ensure Safe Work through to 2025. However, the Government indicates that this proposal was not supported by the State Enterprise Authority and employers’ representatives.

The Committee notes that the Government does not provide information on whether Order No. 55-p of 16 February 2011 repeals Order No. 12 of 1 March 2004. On this matter, the Committee notes that Order No. 162 of 25 December 2020 on the implementation of section 146(2) of the Entrepreneur Code, provides for the prior registration of inspections with the Public Prosecutor’s office, who has the power to refuse such registration. The Committee also notes the observation of the ITUC that applicable law requires provision of advance notice of all inspections to the organization being inspected, including written notice 30 days in advance for scheduled inspections and 24 hours’ notice in advance for unscheduled inspections.

The Committee further notes with concern that the Entrepreneur Code, as amended by Law No. 95-VII of 30 December 2022, still contains limitations to inspection powers, including with regard to: (i) the ability of labour inspectors to undertake inspection visits without previous notice (sections 144(3) and (4) and 156 (2)); and (ii) the free initiative of labour inspectors (sections 144(13), 144–1, 144–2, 145, and 146). In addition, the Committee notes that, according to sections 143(3) and 151 of the Entrepreneur Code, only the requirements set out in the established inspection checklist are subject to verification and preventive control. The Committee once again urges the Government to take the necessary legislative measures to ensure that labour inspectors are empowered to make visits to workplaces without previous notice, and to carry out any examination, test or enquiry which they may consider necessary, in conformity with Article 12(1)(a) and (c) of Convention No. 81 and Article 16(1)(a) and (c) of Convention No. 129. Noting that section 197 of the Labour Code and section 147(2) of the Entrepreneur Code have been repealed, the Committee also requests the Government to indicate whether inspectors are now empowered to undertake inspection visits at any time of the day and night, as provided for in Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129.

3. Frequency of labour inspections. Following its previous comment, the Committee notes that section 141 of the Entrepreneur Code as amended in 2022, provides for the frequency and types of inspections permitted in accordance with the degree of risk determined by the risk assessment and management system, regulated by Joint Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated December 25, 2015 No. 1022 and the Minister of National Economy of the Republic of Kazakhstan dated December 28, 2015 No. 801 (hereafter Joint Order of 2015). Accordingly, the frequency of inspection shall be no more than once a year for entities classified as high risk, no more than once every two years for those of medium risk and no more than once every three years for those of low risk. The Committee notes that according to ITUC, there is no minimum frequency of inspections established for low-risk employers, meaning that employers classified under such risk category are not covered with scheduled monitoring oversight activities.

Referring to its general observation of 2019 on the labour inspection Conventions, the Committee once again urges the Government to take the necessary measures to revise the Entrepreneur Code, to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of relevant legal provisions. In addition, the Committee once again requests the Government to take the necessary measures to ensure that risk assessment criteria do not limit the powers of labour inspectors or the undertaking of labour inspections. The Committee also requests the Government to continue to provide information on inspections in practice, indicating the total number of workplaces liable to inspection, the number of scheduled and unscheduled inspections, specifying on-site inspection or inspection without a visit to the workplace, as well as the number of inspections conducted in response to a complaint, and the results of all such inspections.

Article 6 of Convention No. 81 and Article 8 of Convention No.129. Disciplinary sanctions. The Committee notes that, according to section 50(12) of the Law on Civil Service, gross violations of the requirements for the organization and conduct of inspections in respect of business entities set forth in subparagraphs (1), (2), (3), (4) and (7) of section 151, and subparagraphs (2), (6) and (8) of section 156 of the Entrepreneur Code shall be considered as disciplinary offences. The Committee notes that section 151(1) provides that labour inspectors are not allowed to conduct inspections on elements that are not included in the inspection checklist. According to section 156(2) inspections are to be considered invalid in the absence of a prior notification to the subject of control or if the deadline for such notification is not respected. Therefore, the Committee notes that these provisions of national legislation involve restrictions on labour inspectors’ power which are not in conformity with the Conventions. The Committee requests the Government to take the necessary measures to revise sections 151 and 156 of the Entrepreneur Code, and to provide information on the number of disciplinary sanctions imposed on labour inspectors in accordance with section 50(12) of the Law on Civil Service.

Articles 13 and 17 of Convention No. 81 and Articles 18 and 22 of Convention No. 129.Powers of labour inspectors to ensure the effective application of legal provisions concerning conditions of work and the protection of workers. Prompt legal proceeding. Following its previous comment, the Committee notes the Government’s reference to section 193 of the Labour Code, which provides for the power of labour inspectors to impose suspension measures in case of OSH related legislation and to forward cases to relevant law enforcement agencies and courts. The Government adds that the suspension measures adopted by labour inspectors are for a period of no more than five working days.

The Committee notes that sections 144–1 and 144–2 of the Entrepreneur Code, indicate that in case of violations identified in the course of preventive inspections, the inspectors are obliged to issue a warning without the possibility of initiating proceedings. Moreover, section 136 of the same Code provides that rapid response measures, which can be adopted by inspectors if the activities or goods pose a direct threat to the constitutional rights, freedoms and legitimate interests of individuals and legal entities, human life and health, the environment, and national security, can only be adopted in cases identified by the law and for violations of items included in the inspection checklist.

The Committee recalls that in accordance with Article 13 of Convention No. 81 and Article 18 of Convention No. 129, labour inspectors shall be empowered to take steps with a view to remedying defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers. The Committee also recalls once again that Article 17 of Convention No. 81 and Article 22 of Convention No. 129 provide that, with certain exceptions, persons who violate or neglect to observe legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning, and that it must be left to the discretion of labour inspectors to give a warning or provide advice instead of instituting or recommending proceedings. The Committee once again requests the Government to take the necessary measures, including the revision of the legislation, to ensure that labour inspectors are empowered to take measures with immediate executory force and are able to initiate legal proceedings without previous warning, where required, in conformity with Articles 13 and 17 of Convention No. 81 and Articles 18 and 22 of Convention No. 129. It requests the Government to provide information on any progress made in this regard.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate penalties. Following its previous comment, the Committee notes the Government’s reference to section 462 of the Administrative Offences Code which provides for penalties on acts impeding civil servants of the state inspections office and other bodies of state control and supervision in performing their official duties. It notes that, however, section 12 of the Entrepreneur Code still provides for the right of employers to deny the inspection by officials of state control and supervision bodies. The Committee requests the Government to take the necessary measures to ensure that labour inspectors do not encounter undue obstruction while performing their duties. It also requests the Government to provide information on the number of cases in which inspectors are denied access to workplaces by employers and the grounds of such denial, and on the number of cases in which penalties are imposed on employers who obstruct labour inspectors in performing their duties and the nature of such penalties.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services. The Committee notes that since the ratification of the Conventions in 2001, no annual report on the activities of the labour inspection services has been received by the Office. The Committee also notes that in its report the Government provides the following statistics for the year of 2021: 4,727 inspections were carried out, more than 10,000 breaches of labour law were identified, 3,300 orders were issued to remedy the violations identified and 1,323 fines were imposed in the amount of Kazakh Tenge (KZT) 324 million. Regarding agriculture, in 2021, 62 inspections were carried out, with 216 violations detected, 64 corrective orders and 23 administrative fines issued, amounting to KZT 4,562,180. In addition, the Committee notes that the Report on the review of the activities of labour inspectorates of the member States of the Euro-Asian Regional Alliance of Labour Inspections for the year 2022, contains information on the number of inspection visits, violations detected and penalties imposed and statistics on industrial accidents. The Committee once again requests the Government to take the necessary measures to ensure the establishment and publication of an annual report on the work of the inspection services and to transmit it to the ILO, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, and to ensure that it contains all the subjects listed under Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

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

[ The Government is asked to reply in full to the present comments in 2024.]

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the International Trade Union Confederation (ITUC) on the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), received on 1 September 2021.

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

Legislation. The Committee notes the adoption of the Labour Code No. 414-V ZRK of 2015.

Articles 3(1)(a) and (b) of Convention No.81 and Articles 6(1)(a) and (b) of Convention No.129. Preventive functions of labour inspection. The Committee previously noted the Government’s indication that the Labour Code was amended to provide for state control “in other forms” based on criteria jointly approved by the labour inspectorate and a body representing employers. In this regard, the Committee notes that the Government does not clarify whether “other forms of control” refers to preventive inspection visits. The Committee notes that section 191(5) of the Labour Code provides that state control over compliance with labour legislation is carried out in the form of inspection and other forms of control.

The Committee further notes the Government’s indication that, following a raft of initiatives taken by governmental bodies and employers over the past five years (2016-2020) in relation to occupational safety and health (OSH), a positive trend in the creation of safe working conditions has been established insofar as the number of industrial accidents has decreased by 10 per cent (from 1,683 to 1,503) and the number of related deaths by 16 per cent (from 248 to 208). Furthermore, it indicates that since 2019, proactive and preventive inspection visits have been routinely conducted at enterprises with the aim of preventing violations of labour legislation, including in relation to OSH. According to the Government, these visits take place in sectors more likely to generate injuries, namely mining and quarrying, construction, electricity generation, transmission and distribution, water supply, sewerage and waste management, farming, forestry and fishing, manufacturing industry, transport and warehousing. The Committee notes that in 2020, State labour inspectors carried out 113 preventive inspections. The Committee requests once again that the Government clarify the meaning of “other forms” of state control; it also requests the Government to continue providing information on actions taken to augment the creation of safe working conditions.

Article 4 of Convention No.81 and Article 7 of Convention No.129. Supervision and control of the labour inspection system by a central authority. In its previous comment, the Committee noted that under Law No. 102 – VRK of 2003 on the division of power between state bodies, the functions of the State labour inspectorate were transferred to executive bodies at the local level.

The Committee notes that, in relation to its request on the organization and functioning of the labour inspection system following the transfer of labour inspection functions to the executive bodies at the local level in accordance with the Law No. 102 – VRK of 2013, the Government refers to section 16 of the Labour Code. According to this section, the authorized state body for labour organizes the public supervision of compliance with national labour legislation and also coordinates the work of local labour inspection services. In addition, the Government indicates that the overall leadership of the Labour Inspectorate activities is exercised by the Chief State labour inspectors, who sit on the Committee for Labour, Social Protection and Migration of the Ministry of Labour and Social Protection (the Committee). The Committee’s Chief State labour inspectors provide guidance and coordinate the activities of the local executive authorities to regulate labour relations by requesting information on labour relations from local labour inspectorates, coordinate the activity of State bodies to develop technical regulations on OSH, and coordinate and cooperate on OSH with other State agencies and representatives of workers and employers. Recalling that Article 4 of Convention No. 81 requires that labour inspection be placed under the supervision and control of a central authority, the Committee requests the Government to provide further information on the manner in which the work of the inspection services in local authorities is monitored, supervised, and effectively controlled by the central authority for labour inspection.

Articles 5(a) and 17 of Convention No.81 and Articles 12(1) and 22 of Convention No. 129. Effective cooperation between the labour inspection services and the justice system. In its previous comment, the Committee noted that the number of proceedings instituted appeared to be low in relation to the number of cases reported, and that the Government had not provided the requested information in relation to cooperation with the judicial authorities. The Committee notes the Government’s information that in 2020 labour inspectors conducted 4,439 inspections, in the course of which 7,260 violations were found, of which 5,001 concerned labour relations, 2,096 OSH, and 163 public employment issues. Employers were issued with 2,614 orders and 1,090 fines. In addition, a total of 496 accident investigation files were sent to the law enforcement authorities, resulting in 56 criminal proceedings. However, the Committee notes that the Government still does not provide information in relation to cooperation with the judicial authorities as requested. The Committee once again requests the Government to indicate the measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities (which could include joint meetings to discuss practical aspects of cooperation, joint trainings on the procedural and material aspects of labour law and inspection procedures, the establishment of a system for the recording of judicial decisions accessible to labour inspectors, etc.). The Committee further requests the Government to continue to provide statistical information on the number and nature of offences reported, the number of penalties imposed, the amounts of fines imposed and collected, and information on criminal prosecutions, if any.

Articles 6 and 7(1) and (2) of Convention No.81 and Articles 8 and 9(1) and (2) of Convention No.129. Status and conditions of service. Conditions for the recruitment of inspection staff. Following its previous comment, the Committee notes the Government’s indication that the selection and appointment of candidates for the post of State labour inspector take place in accordance with the Civil Service Act, under competitive conditions and subject to qualification requirements. The Government states that candidates for the post of State labour inspector are required to have a higher legal, economic or technical education. In addition, the Government indicates that the staff of the State labour inspectorate are public officials who work within local authorities and other public bodies and that, in the performance of their duties, State labour inspectors are protected by law and guided by the Constitution and other statutory instruments. The Committee requests the Government to provide a copy of the text setting out the conditions for the recruitment of labour inspectors.

Articles 10 and 11(1)(b) and (2) of Convention No.81 and Articles 14 and 15(1)(b) and (2) of Convention No. 129. Human resources and material means of the labour inspectorate. Following its previous comments, the Committee notes that the Government does not provide information on the applicable procedure regarding the reimbursement of any travel costs incurred by inspectors in the performance of their duties. However, it notes the Government’s indication that, as of 1 August 2021, there were 242 State labour inspectors active in the country, equipped with 33 mobile units. The Committee also notes ITUC’s indication that the actual number of state labour inspectors is not sufficient for adequate oversight of the observance of labour rights and does not allow for performing preventive activities on a larger scale. ITUC indicates that according to official data, about 1.3 million small and medium-size businesses and over 2,400 large businesses operate in Kazakhstan. Therefore, according to ITUC the number of labour inspectors is insufficient to ensure the effective discharge of the duties of the inspectorate. The Committee requests the Government to continue to provide information on the resources allocated to the labour inspection service, i.e. the budget for labour inspection functions at the local levels, as well as the number of inspection staff, the transport facilities and office space available to labour inspectors. The Committee further requests the Government once again to indicate the legal provisions and the applicable procedure regarding the reimbursement of any travel costs incurred by inspectors in the performance of their duties. Finally, the Committee requests the Government to provide its comments in respect to ITUC’s observation.

Article 15(a) and (c) of Convention No.81 and Article 20(a) and (c) of Convention No.129. Ethical principles of labour inspection. Noting that the Government has not provided a reply in relation to its previous request on this matter, the Committee requests the Government once again to provide further information on the effect given to Article 15(a) and (c) of Convention No. 81 and Article 20 (a) and (c) of Convention No. 129, and to send copies of the relevant legal provisions.

Matters specifically relating to labour inspection in agriculture

Article 6(1)(a) and (b) and 2 of Convention No. 129. Activities of the labour inspection services in occupational safety and health in agricultural undertakings. Noting the absence of a reply from the Government in this regard, the Committee once again requests the Government to provide information on the activities of labour inspectors in relation to agricultural undertakings, particularly on acts of supervision and prevention with a view to ensuring the protection of workers exposed to risks inherent to the use of chemicals, plant or complex machinery.

Recalling that Article 6(2) provides that national laws or regulations may give labour inspectors in agriculture advisory or enforcement functions regarding legal provisions relating to conditions of life of workers and their families, the Committee also once again requests the Government to provide information in relation to the application of this provision.

Article 9(3) of Convention No. 129. Training for labour inspectors in agriculture. Noting the absence of a reply from the Government in this regard, the Committee once again requests the Government to provide information on the content, duration, and dates of the training sessions intended specifically for labour inspectors performing their functions in the agricultural sector and the number of labour inspectors receiving such training at each session.

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

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) on Conventions Nos 81 and 129, received on 1 September 2021.

Articles 12 and 16 of Convention No. 81 and Articles 16 and 21 of Convention No. 129. Limitations and restrictions of labour inspections. Powers of labour inspectors. 1. Moratorium on labour inspections. The Committee notes with deep concern that the Presidential Decree No. 229 “On Introduction of a Moratorium on Inspections and Preventive Monitoring and Oversight with Visits in the Republic of Kazakhstan” of 26 December 2019, introduces a three year moratorium on labour inspection, which applies to private and state-owned enterprises belonging to the categories of small and micro-enterprises, starting from 1 January 2020. According to the Decree, the only exceptions allowing for inspections shall be inspections aimed at the prevention or elimination of violations that potentially bear a major threat to human life and health, to the environment, to law and public order; or a direct or indirect threat to the constitutional order and national security, in addition to inspections performed on the grounds specified by the Law of the Republic of Kazakhstan of 4 July 2003 “On the Governmental Regulation, Control and Oversight of Financial Market and Financial Organisations”. According to the observations submitted by the ITUC: (i) this moratorium is also valid for unscheduled inspections performed by the State Labour Inspectorate following complaints of employees about various labour violations by employers; (ii) between January and September 2020, the provisions on exceptions provided in the Decree were used by state inspectors only three times (in Kostanay Region, East Kazakhstan Region and in the city of Nur-Sultan); and (iii) according to information from the Ministry of Labour and Social Protection, as many as 16,330 complaints were submitted to the State Labour Inspectorate in the first 8 months of 2020. The Committee further notes that section 140(6) of the Entrepreneur Code of the Republic of Kazakhstan of 2015 (No. 375-V ZRK) provides for the possibility of suspending inspections of private business entities for a specific period after a decision by the Government, in coordination with the Administration of the President of the Republic. In this respect, the Committee recalls its General Observation of 2019 on the labour inspection Conventions, expressing concern at reforms that substantially undermine the inherent functioning of labour inspection systems, including moratoria on labour inspections, and urging governments to remove these restrictions, with a view to achieving conformity with the Conventions. Recalling that a moratorium placed on labour inspection is a serious violation of the Conventions, the Committee urges the Government to act promptly to eliminate the temporary ban on inspections and to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of Convention No. 81 and Article 21 of Convention No. 129.

The Committee previously noted that there appeared to be extensive legal and practical restrictions in relation to scheduled inspections concerning inspectors’ access to workplaces and the frequency of inspection visits, resulting in a reduced effectiveness and scope of inspections.

The Committee notes that the Government does not provide in its report information in relation to its previous request on whether Order No. 55-p of 16 February 2011 repeals Order No. 12 of 1 March 2004, and whether the restrictions introduced by the latter Order, especially the prior registration of inspections at the Public Prosecutor’s Office, have been lifted.

In addition, the Committee notes with concern that the Labour Code and the Entrepreneur Code of 2015 contain various limitations on labour inspectors’ powers, including with regard to: (i) the ability of labour inspectors to enter freely any workplace liable to inspection (section 12 of the Entrepreneur Code); (ii) the ability of labour inspectors to undertake inspection visits at any hour of the day or night (sections 197(5) of the Labour Code and 147(2) of the Entrepreneur Code); (iii) the ability of labour inspectors to undertake inspection visits without previous notice (section 147(1) of the Entrepreneur Code); (iv) the free initiative of labour inspectors (section 197(2)(2) of the Labour Code and section 144(10) of the Entrepreneur Code); and (v) the scope of inspections, particularly in terms of the issues that can be examined in the course of inspections (section 151 of the Entrepreneur Code).

The Committee urges the Government to take the necessary legislative measures to ensure that labour inspectors are empowered to make visits to workplaces without previous notice at any hour of the day or night, and to carry out any examination, test or enquiry which they may consider necessary, in conformity with Article 12(1)(a) and (c) of Convention No. 81 and Article 16(1)(a) and (c) of Convention No. 129. In addition, the Committee requests once again the Government to provide information on whether Order No. 55-p of 16 February 2011 repeals Order No. 12 of 1 March 2004, and whether the restrictions introduced by the latter Order, especially the prior registration of inspections at the Public Prosecutor’s Office, have been lifted.

2. Frequency of labour inspections. The Committee previously noted with concern that the number of inspections undertaken had decreased, owing to the discontinuation of inspections of small and medium-sized enterprises starting from 2 April 2014 until 1 January 2015, pursuant to the Presidential Decree on Cardinal Measures to Improve the Conditions for Entrepreneurship in Kazakhstan (Decree No. 757).

The Committee notes the Government’s indication that: (i) the risk management system is currently the main tool for determining the frequency of inspections; (ii) the joint Decree of the Ministry of Health and Social Development (No. 1022 of 25 December 2015) and the Ministry for the National Economy (No. 801 of 28 December 2015) established the risk assessment and checklist criteria for inspecting compliance with national labour legislation; and (iii) the risk management system has made it possible to regulate the controls carried out by state labour inspection bodies, to reduce the administrative pressure on employers in the context of their due diligence, and to improve the quality of the work performed by state labour inspectors. According to the ITUC: (i) the risk management system determines the frequency of scheduled inspections depending on the risk category assigned to the employer; (ii) in these conditions, no frequency of inspections is established for low-risk employers, meaning that the employers classified under such risk category are not covered by any scheduled monitoring activities; (iii) the procedure for the assessment of the risk category assigned to the employer depends, among other criteria, on the number of employees, with higher risk categories being assigned to enterprises with a greater numbers of employees; (iv) there is a decreasing probability of inspections of small and medium-sized businesses that carry a significant risk of abuses by employers; and (v) during scheduled inspections, an inspector is limited to the number of questions included in the checklists.

The Committee notes with concern that the Labour Code, as well as the Entrepreneur Code of 2015, which uses risk assessment criteria for classifying inspections and their frequency, contain various limitations on the frequency and duration of labour inspections (sections 140(8), 141, 148 and 151(6) of the Entrepreneur Code and section 197(6) of the Labour Code). Referring to its general observation of 2019 on the labour inspection Conventions, the Committee urges the Government to take the necessary measures, including the revision of the Entrepreneur Code and the Labour Code, to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of relevant legal provisions. In addition, the Committee requests the Government to take the necessary measures to ensure that risk assessment criteria do not limit the powers of labour inspectors or the undertaking of labour inspections. The Committee also requests the Government to continue to provide information on the undertaking of inspections in practice, indicating the number of scheduled and unscheduled inspections, as well as the total number of workplaces liable to inspection. With regard to inspections conducted without prior notice, the Committee requests the Government to indicate the number of such inspections, whether they are conducted on-site or without a visit to the workplace, as well as the number of inspections conducted in response to a complaint, and the results of all such inspections.

Articles 13, 17 and 18 of Convention No. 81 and Articles 18, 22 and 24 of Convention No. 129. Powers of labour inspectors to ensure the effective application of legal provisions concerning conditions of work and the protection of workers. Further to its previous request, the Committee notes that the Government does not provide information on the penalties imposed for violating labour legislation and for obstructing labour inspectors in the performance of their duties. In this regard, the Committee notes with concern, that section 12 of the Entrepreneur Code of 2015 provides that enterprises may deny the inspection by officials of state control and supervision bodies in cases where they fail to comply with the requirements for inspections established by the Code.

The Committee notes that various legal provisions, such as sections 136 and 153 of the Entrepreneur Code of 2015, appear to limit the powers of labour inspectors to take steps with a view to remedying defects observed in plant, layout or working methods and to order measures with immediate executory force in the event of imminent danger to the health or safety of the workers.

The Committee further notes the Government’s indication, in reply to its previous request, that in order to prevent violations of labour law, section 197 of the Labour Code provides for a new form of monitoring of preventive visits to enterprises, following which the state labour inspector issues the employer with an improvement notice only, with no imposition of administrative penalties.

The Committee recalls that Article 17 of Convention No. 81 and Article 22 of Convention No. 129 provide that, with certain exceptions, persons who violate or neglect to observe legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning, and that it must be left to the discretion of labour inspectors to give a warning or provide advice instead of instituting or recommending proceedings. The Committee requests the Government to take the necessary measures, including the revision of the Entrepreneur Code and the Labour Code, to ensure that labour inspectors are able to initiate legal proceedings without previous warning, where required, in conformity with Article 17 of Convention No. 81 and Article 22 of Convention No. 129. The Committee further requests the Government to take the necessary measures to empower labour inspectors to take steps with a view to remedying defects observed in plant layout or working methods, or to order measures with immediate executory force in the event of imminent danger to the health or safety of the workers. In addition, the Committee once again requests the Government to indicate the penalties for violations of the legal provisions enforceable by labour inspectors, and for obstructing labour inspectors in the performance of their duties, to provide a copy of the relevant provisions, and to indicate how often such penalties have been assessed, as well as the amounts of sanctions imposed and collected.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services. The Committee notes that since the ratification of the Conventions in 2001, an annual report on the activities of the labour inspection services has never been received by the Office. However, the Committee notes that the Government provides statistics on the number of inspectors, the number of inspections carried out, the number of industrial workplaces inspected, the number of industrial accidents, the number of accidents investigated, and the number of violations detected and penalties imposed. The Committee notes that the statistics sent by the Government on the activities of the labour inspectorate do not identify the specific data relating to the agricultural sector, so as to allow the Committee to assess the level of application of Convention No. 129. The Committee once again requests the Government to take the necessary measures to ensure the establishment and publication of an annual report on the work of the inspection services and to transmit it to the ILO, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, and to ensure that it contains the subjects listed under Article 21 of Convention No. 81, including in particular Article 21(a), (c) and (g). It also requests the Government to take the necessary measures to ensure that the annual reports contain information specific to the agricultural sector, as required by Article 27 of Convention No. 129.

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

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the content of the Government’s report is identical to the report on the application of Convention No. 81, and that no specific information on the activities of the labour inspection services in agriculture has been provided by the Government.

Article 6(1)(a) and (b) and 2, of the Convention. Activities of the labour inspection services in occupational safety and health in agricultural undertakings. Noting the absence of a reply from the Government in this regard, the Committee once again requests the Government to provide information on the activities of labour inspectors in relation to agricultural undertakings, particularly on acts of supervision and prevention with a view to ensuring the protection of workers exposed to risks inherent to the use of chemicals, plant or complex machinery.

Recalling that Article 6(2) provides that national laws or regulations may give labour inspectors in agriculture advisory or enforcement functions regarding legal provisions relating to conditions of life of workers and their families, the Committee also once again requests the Government to provide information in relation to the application of this provision.

Article 9(3). Training for labour inspectors in agriculture. The Committee notes the Government’s reiterated statement that labour inspectors undergo regular training no less than once every three years, but that it does not provide a reply in relation to the specific training of labour inspectors in agriculture. The Committee therefore once again requests the Government to provide information on the content of the training intended specifically for labour inspectors performing their functions in the agricultural sector and the number of labour inspectors benefiting from such training.

Article 15(b). Transport facilities available for inspectors in agriculture. In the absence of a response from the Government in this respect, the Committee once again requests the Government to provide information on the transport facilities available to labour inspectors in agriculture bearing in mind the distance of agricultural undertakings from urban centres and their wide dispersion.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee refers the Government to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they concern the application of the present Convention.

Articles 26 and 27 of the Convention. Annual report on the work of the labour inspection services in agriculture. The Committee notes that the statistics sent by the Government on the activities of the labour inspectorate do not distinguish the specific data relating to the agricultural sector so as to assess the level of application of the Convention. The Committee recalls from the observations made under Convention No. 81 that an annual report on the activities of the labour inspection services has never been received by the Office. With reference to its general observations of 2009 and 2010 on the importance of availability of a register of enterprises and an annual report on the work of the labour inspection services as required under the Convention, the Committee once again requests the Government to take the necessary steps with a view to complying with the obligations under Article 26, that is, the publication by the central labour inspectorate authority of an annual report on the work of the inspection services in agriculture, either as a separate report or as part of its general annual report, and the communication of this report to the ILO. This report shall contain the information on all the subjects listed in Article 27(a)–(g).

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee takes note of the Government’s report received on 23 September 2009 and the additional statistical information provided on 27 May 2010. It also notes that, according to the Government, the provisions on inspection and labour inspectors that apply to industrial and commercial undertakings likewise apply to agricultural undertakings. The Committee therefore refers the Government to its comments on Convention No. 81, but nevertheless asks it to provide information on the following points in its next report on the application of Convention No. 129.

Applicable legislation. The Committee would be grateful if the Government would specify whether Decree No. 983 of 20 July 2001 and Decree No. 1132 of 2004 are still in force or if that is not the case, to supply a copy of any new provisions regulating the functions and activities of labour inspectors in agriculture.

Article 6(1)(a) and (b) and 2, of the Convention. Supervision and prevention (technical information and advice) in occupational safety and health in agricultural undertakings. With reference to its previous comments, the Committee notes that the Government is confined in its report to providing general information on the functions of the labour inspectorate. The Committee once again requests the Government to provide information on the functions of labour inspectors in relation to agricultural undertakings, particularly on acts of supervision and prevention with a view to ensuring the protection of workers exposed to risks inherent to the use of chemicals, plant or complex machinery.

Recalling also that Article 6(2) provides that national laws or regulations may give labour inspectors in agriculture advisory or enforcement functions regarding legal provisions relating to conditions of life of workers and their families, the Committee requests the Government to indicate the measures taken or considered in this regard.

Article 9(3). Training for labour inspectors in agriculture. The Committee notes the Government’s statement with regard to the training that labour inspectors undergo every three years. The Committee once again requests the Government to provide additional information on the content of the training intended specifically for labour inspectors performing their functions in the agricultural sector and the number of labour inspectors benefiting from such training.

Article 15(b). Transport facilities available for inspectors in agriculture. The Committee notes that the Government’s report does not contain any information with regard to its previous comment on this issue. It once again requests the Government to provide information on the transport facilities available to labour inspectors in agriculture bearing in mind the distance of agricultural undertakings from urban centres and their wide dispersion.

Articles 26 and 27. Annual report on the work of the labour inspection services in agriculture. The Committee notes that the statistics sent by the Government on the activities of the labour inspectorate do not distinguish the specific data relating to the agricultural sector so as to assess the level of application of the Convention. Therefore, the Committee requests once again the Government to take the necessary steps with a view to complying with the requirement under Article 26, for the central labour inspectorate authority to publish an annual report on the work of the inspection services in agriculture, either as a separate report or as part of its general annual report. The Committee hopes that such a report will be sent shortly to the ILO and that it will contain the information specified in clauses (a) to (g) of Article 27.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s reports for 2006 and 2007 and the statistics they contain. It also notes that, according to the Government, the provisions on inspection and labour inspectors that apply to industrial and commercial undertakings likewise apply to agricultural undertakings. The Committee therefore refers the Government to its comments on Convention No. 81, but nevertheless asks it to provide information on the following points in its next report on the application of Convention No. 129.

Applicable legislation. In view of the adoption in March 2007 of a new Labour Code, the Committee would be grateful if the Government would indicate the legislative and regulatory provisions applying specifically to the subjects covered by this Convention, and to specify their content. In particular, it asks the Government to state whether Decree No. 983 of 20 July 2001 and Decree No. 1132 of 2004 have been repealed, as the reports on this Convention and on Convention No. 81 seem to indicate, and whether these texts have been replaced by other provisions regulating the functions and activities of labour inspectors in agriculture.

Article 6, paragraphs 1(a) and (b) and 2, of the Convention. Supervision and prevention (technical information and advice) in occupational safety and health in agricultural undertakings. The Committee requests the Government to provide information on the work of labour inspectors in the area of supervision and prevention in agriculture undertakings, particularly with a view to ensuring the protection of workers exposed to risks related to the use of chemicals, plant or complex machinery. The Government is also asked to indicate whether the national legislation confers on labour inspectors in agriculture the duties of assistance or control relating to the application of the legal provisions on the living conditions of workers and their families, to specify these duties and to provide information on how they are carried out in practice and on their results.

Article 9, paragraph 3. Training for labour inspectors in agriculture. Pursuant to the Ministerial Order of 2006 approving the regulations on the training of labour inspectors, it is necessary for inspectors to undergo periodic training and their knowledge must be evaluated at least once every three years. The Committee would be grateful if the Government would provide information on the content of the training intended specifically for labour inspectors in agriculture, the number of beneficiaries of the training and the frequency of the training sessions.

Article 15(b). Transport facilities available for inspectors in agriculture. The Committee requests the Government to provide information on the transport facilities available to labour inspectors in agriculture bearing in mind the distance of agricultural undertakings from urban centres and their wide dispersion.

Articles 26 and 27. Annual report on the work of the labour inspection services in agriculture. While taking due note of the statistics sent by the Government showing the working of the labour inspectorate in agriculture, the Committee draws the Government’s attention to the requirement for the central labour inspectorate authority to publish an annual report on the work of the inspection services in agriculture under its control, either as a separate report or as part of its general annual report, containing the information specified at clauses (a) to (g) of Article 27. It requests the Government to take the necessary steps to this end and hopes that such a report will be sent shortly to the ILO.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s first report and observes that its content is identical to the report on the application of Convention No. 81. The Committee wishes to draw the Government’s attention to the need to prepare a different report for each of the two Conventions, without however excluding the possibility of mutual referencing between the two reports concerning information relating to both labour inspection in industrial and commercial undertakings and in agricultural enterprises. Indeed, while there is a great similarity between the provisions of the two instruments, their respective specificities should nevertheless be noted and it should be ensured that relevant information is provided to the Office under article 22 of the Constitution of the ILO. The same distinction should be made with regard to the annual inspection report due from the central inspection authority, the publication and contents of which are established, respectively, in Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of the present Convention.

The Government is therefore requested to provide a detailed report on the manner in which effect is given in specific terms to each of the provisions of the Convention in reply to the requests contained in the corresponding report form, and to ensure that information on each of the items set out in Article 27 is contained in the annual report, which should be prepared either separately or as part of a general report on labour inspection in the various economic sectors.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report and observes that its content is identical to the report on the application of Convention No. 81. The Committee wishes to draw the Government’s attention to the need to prepare a different report for each of the two Conventions, without however excluding the possibility of mutual referencing between the two reports concerning information relating to both labour inspection in industrial and commercial undertakings and in agricultural enterprises. Indeed, while there is a great similarity between the provisions of the two instruments, their respective specificities should nevertheless be noted and it should be ensured that relevant information is provided to the Office under article 22 of the Constitution of the ILO. The same distinction should be made with regard to the annual inspection report due from the central inspection authority, the publication and contents of which are established, respectively, in Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of the present Convention.

The Government is therefore requested to provide a detailed report on the manner in which effect is given in specific terms to each of the provisions of the Convention in reply to the requests contained in the corresponding report form, and to ensure that information on each of the items set out in Article 27 is contained in the annual report, which should be prepared either separately or as part of a general report on labour inspection in the various economic sectors.