Labour Inspection Convention, 1947 (No. 81) - Curaçao

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Article 3(1) and (2) of the Convention. Additional duties entrusted to labour inspectors related to foreign workers. The Government reiterates in its report that the labour conditions section of the labour inspectorate continues to be in charge of ensuring compliance with the Ordinance on Work by Foreigners with regards to the requirement for foreign workers to hold a work permit. In this respect, it indicates that, in 2023, the labour conditions section of the labour inspectorate detected 23 violations of the Ordinance on Work by Foreigners. In reply to the Committee’s request on whether the infringements referred for prosecution, previously mentioned by the Government, involved prosecution of migrant workers, employers, or other entities, the Government indicates that they never concerned criminal prosecution of a worker, but rather of the companies employing foreign workers without having applied for a permit for their employment. The Committee requests the Government to continue providing information on the labour inspectorate's activities related to the Ordinance on Work by Foreigners. Noting the information regarding the detected violations of the Ordinance, the Committee requests the Government to provide further information on the number of cases where sanctions were imposed for these registered violations and the type of sanctions imposed. The Committee once again requests the Government to provide information on the number of instances where inspectors took specific action to restore the labour rights to migrant workers affected by the violation of the Ordinance, including through recovery of wages, overtime, and social security credits.

Article 7(3). Continuous training of labour inspectors. In reply to Committee’s previous request, the Government indicates that all labour inspectors responsible for occupational safety have completed a one-time course covering local occupational safety legislation, criminal law, drafting official reports, and related topics. Additionally, they receive further training at the start of their duties and approximately every six years in areas such as asbestos removal supervision, scaffolding, construction safety, and breathing air testing. Similarly, labour inspectors responsible for employment conditions have all undergone a one-time course on local labour legislation, criminal law, and drafting official reports. The Committee takes note of this information, which addresses its previous request.

Articles 10, 11 and 16. Human and material resources of the labour inspection system. Frequency and thoroughness of inspections. The Committee notes that, in 2023, the labour conditions section of the labour inspectorate performed 377 visits, and the section of occupational safety and health of the labour inspectorate performed 444 visits. The Committee takes note of the information provided by the Government concerning the material resources of the labour inspectorate, according to which four new cars were purchased. In reply to the Committee’s previous request regarding the geographical distribution of labour inspectors, the Government indicates that all labour inspectors are deployed throughout the island. The Committee notes that the Government has not provided updated information on the human resources of the labour inspectorate. The Committee requests the Government to provide information on the number of labour inspectorsand how it ensures thatthe number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate in accordance with Article 10. The Committee requests the Government to continue to provide information on the number of labour inspections carried out, disaggregated by type (such as on-site visits, document checks, scheduled and unscheduled inspections).

Article 12(1)(a). Free access of inspectors to workplaces without previous notice. In reply to the Committee’s previous request, the Government indicates that the Labour Regulation 2000 and section 16a of the Vacation Regulation 1949 give labour inspectors the powers to enter a company at any time, unannounced, and demand information and, the National Ordinance of Safety gives labour inspectors the powers to enter a company to implement this law. At the same time, the Committee notes the Government’s indication that labour inspectors of the section of occupational safety and health of the labour inspectorate are unable to claim access in companies due to lack of investigative powers in accordance with the Security Land Ordinance 1958. The Committee requests the Government to provide a clarification with regards to this last statement, including how the 444 visits by the Department of Safety Inspection were conducted in the absence of investigative powers.Taking note of the information provided, the Committee requests the Government to provide detailed information on the number of inspections conducted without previous notice out of the total number of inspections, including those resulting from receipt of a complaint, and the results of such inspections.

Article 13. Preventive measures in the event of a danger to the safety and health of workers. With regards to the authority of labour inspectors granted through the Ordinance of Safety to halt work when there is a violation or danger, the Government indicates that, in practice, the mere threat of using this power is usually enough to ensure employer’s compliance, so the measure is rarely enforced. The Committee notes that the Government does not provide information on preventive measures taken by labour inspectors when they had reasonable cause to believe that defects in workplaces constituted a threat to the health or safety of workers. The Committee once again requests that the Government provide data on preventive measures that have been adopted when labour inspectors had reasonable cause to believe that defects in workplaces constituted a threat to the health or safety of workers (Article 13(1)). It once again requests the Government to provide information on preventive measures adopted with immediate executory force in the event of imminent danger to the health or safety of workers (Article 13(2)).

Article 14. Notification of occupational accidents and diseases to the labour inspectorate. In reply to Committee’s previous request, the Government indicates that it is impractical for occupational diseases to be reported to the Labor Inspectorate, as the agency lacks doctors who can diagnose relevant conditions. Instead, cases of occupational diseases are referred to the Social Insurance Bank, which has the necessary medical expertise. The Government indicates that both the Social Insurance Bank and the Labor Inspectorate are responsible for registering and investigating industrial accidents. The Committee wishes to remind the Government that it is crucial for the labour inspectorate to be notified of both occupational accidents and diseases so it can identify high-risk activities and vulnerable worker groups, conduct research on the causes of these accidents and diseases, and use this data to include relevant statistics in the annual inspection report. (2006 General Survey on Labour Inspection, paragraphs 118 and 345). The Committee once again requests the Government to provide information on the manner in which it is ensured that occupational diseases are notified to the labour inspectorate.

Articles 17 and 18. Effective enforcement and adequate penalties. The Government indicates that the process of taking relevant measures is ongoing. The Committee notes the Government’s indication that sanctions cannot yet be imposed by inspectors of the labour conditions section of the labour inspectorate due to lack of investigative powers. The Committee requests the Government to provide further clarification on this matter, including with reference to Article 18’s requirement that national laws shall provide for and effectively enforce adequate penalties for violations of provisions enforceable by labour inspectors. It urges the Government to indicate the measures taken, in law and in practice, to give effect to Articles 17 and 18 of the Convention, and to communicate copies of any relevant legal texts, as well as information on specific penalties assessed and implemented for violations of legal provisions.

Articles 20 and 21. Publication, communication to the ILO and content of annual labour inspection reports. The Committee notes that the Government’s report contains information on the number of inspections conducted by the labour conditions section of the labour inspectorate and the section of occupational safety and health of the labour inspectorate, the violations detected by the labour conditions section of the labour inspectorate, and the number of investigated accidents by the section of occupational safety and health of the labour inspectorate, for 2023. The Committee notes that the Government does not provide information on the other subjects required under Article 21 and that no annual inspection reports have been received by the Office for several years. The Government indicates that its long-attempted effort to implement an automated system within the Ministry of Labor, including for the labour inspectorate, has failed, but a new system is now being pursued to register inspections and generate statistics, including for reporting to the ILO. The Committee requests the Government to provide information on the development of the new system. The Committee once again requests the Government to take the necessary measures to ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g).

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

Article 3(1) and (2) of the Convention. Additional duties of labour inspectors. The committee notes the Government’s indication that the labour conditions section of the labour inspectorate is also in charge of ensuring compliance with the Ordinance on Work by Foreigners with regard to the need of foreign workers to hold a work permit, and that inspections related to the Ordinance resulted in 20 infringements including 8 instances referred for further prosecution. The Committee recalls that, pursuant to Article 3(1) and (2) of the Convention, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work (for example, provisions relating to hours, wages, occupational safety and health, child labour), and any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. The Committee requests the Government to take measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors. The Committee requests the Government to provide additional information regarding the role and responsibilities of labour inspectors in the application of the Ordinance on Work by Foreigners, including the time and resources of the labour inspectorate that are allocated to these responsibilities in practice, and whether the 8 infringements referred for prosecution involved prosecution of migrant workers, employers, or other entities. The Committee further requests the Government to provide information on instances where inspectors took specific action to provide migrant workers with protection of labour rights equal to those enjoyed by citizens of Curaçao.

Article 7(3). Continuous training of labour inspectors. Further to its previous comment, the Committee notes the information provided by the Government concerning the training activities provided to labour inspectors. It notes that, after recruitment, all inspectors are requested to attend courses in: law enforcement (4 months of 12 hours per week), labour laws (4 weeks of 3 hours per day), occupational safety and health (1 month of 8 hours per week), and many on-the-job training sessions. The Committee requests the Government to continue to provide information on the training given to labour inspectors, and to include information on the content, frequency, number of participants and the results achieved for each set of training sessions.

Articles 10, 11 and 16. Human and material resources of the labour inspection system. Frequency and thoroughness of inspections. In response to its previous comment, the Committee notes the information provided by the Government in its report concerning the human resources of the labour inspectorate. It notes in particular that, in 2020, these resources encompass 28 employees, including: 9 inspection officers in the section of occupational safety and health, 9 inspection officers in the section of labour conditions, 6 inspection officers in the section of community care and social facilities and 4 persons in the role of Inspector General, Secretary, Head of Operations and Operations officer. The Committee notes that, in 2020, the section of labour conditions performed 327 inspections and that the section of occupational safety performed 343 regular inspections. The Committee also takes due note of the information provided by the Government concerning the material resources of the labour inspectorate. In addition, the Committee notes the Government’s indication that, as a result of the COVID-19 pandemic, many business activities were closed during 2020 and that routine inspections were cancelled. It also notes that human resources from the labour inspectorate were diverted to different assistance tasks in response to the crisis generated by the pandemic. The Committee requests the Government to continue to provide information on the number of labour inspectors and on the number of labour inspection operations carried out. It further requests the Government to send information on the geographical distribution of labour inspectors.

Article 12. Powers of labour inspectors. Further to its previous comment, the Committee notes that section 6 of the National Ordinance of Safety, section 34 of the Labour Regulation 2000 and section 16a of the Vacation Regulation 1949 establish the powers of labour inspectors with respect to supervising compliance with the legal provisions of these pieces of legislation. The Committee requests the Government to provide specific information on the manner in which it is ensured that labour inspectors are empowered to make visits to workplaces liable to inspection without previous notice in conformity with Article 12(1)(a).

Article 13. Preventive measures in the event of a danger to the safety and health of workers. Following its previous comment, the Committee notes that section 2(3) of the National Ordinance of Safety provides that the Executive Council or the official appointed by him for that purpose shall be authorized to stop work in establishments where the regulations provided by or pursuant to this national ordinance are not observed and in cases where persons are directly endangered by such work. The Committee requests that the Government provide data on preventive measures that have been adopted when labour inspectors had reasonable cause to believe that defects in workplaces constituted a threat to the health or safety of workers (Article 13(1)). The Committee also requests the Government to provide information on preventive measures adopted with immediate executory force in the event of imminent danger to the health or safety of workers (Article 13(2)).

Article 14. Notification of occupational accidents and diseases to the labour inspectorate. Further to its previous request, the Committee notes that section 2(7) of the National Ordinance of Safety provides that the head or administrator of the enterprise shall immediately inform the labour inspection officers of any accidents. It also notes the Government’s indication that Social Insurance Bank is in charge of establishing cases of occupational diseases. The Committee requests the Government to provide information on the manner in which it is ensured that occupational diseases are notified to the labour inspectorate. The Committee also requests the Government to take measures to ensure the collection and publication of statistical information on occupational accidents and diseases, in conformity with Article 21(g) of the Convention.

Articles 17 and 18. Effective enforcement and adequate penalties. The Committee requests the Government to indicate the measures taken, in law and in practice, to give effect to Articles 17 and 18 of the Convention, and to communicate copies of any relevant legal texts, as well as information on specific penalties assessed and implemented for violations of legal provisions.

Articles 20 and 21. Publication and communication to the ILO of annual reports on the work of the labour inspection services. In its previous comment, the Committee noted that a computerized and integrated system, including a module for the registration of labour inspection data, was expected to be implemented to enable the labour inspectorate to publish and send to the ILO annual reports with detailed statistical information. In this regard, the Committee notes the Government’s indication that the decision was made to give priority to other sectors of the Ministry and to postpone the implementation. The Committee further notes that no annual labour inspection report has been received, but that the Government provides information on the number of labour inspections and the number of violations detected. The Committee requests the Government to provide information on the possible implementation of the system enabling the registration of labour inspection data. It also requests the Government to take the necessary measures to ensure that annual labour inspection reports are prepared, published and communicated to the ILO, and that they contain information on all the subjects listed in Article 21(a)–(g).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. The Committee notes the Government’s reference to envisaged legislative reforms on a broad range of labour law matters. The Committee requests the Government to provide information on the implications of these legislative reforms for the functioning of the labour inspection system.

Articles 4, 10, 11 and 16 of the Convention. Organization and human and material resources of the labour inspection system. The Committee notes the Government’s explanations on the organizational structure of the labour inspection system. It notes that the Minister of Social Development, Labour and Welfare is the central authority, and that the head of the labour inspectorate reports directly to the Minister. The Committee also notes that the labour inspectorate encompasses 13 approved posts, including four labour inspectors in the area of occupational safety and health (OSH) (reporting to the Chief of the Section for Occupational Safety), and four labour inspectors in the area of general working conditions (reporting to the Chief of the Section for Labour Conditions). Five posts are currently vacant, including: the post of the Chief of Section for Labour Conditions, three labour inspection posts in the area of OSH, and one labour inspection post in the area of general working conditions.

The Committee further notes the Government’s indication that according to an external audit conducted in 2012 on the labour inspection of Curaçao, the labour inspectorate lacks the necessary human and material resources for the effective performance of its duties. However, the lack in the number of labour inspectors could not be addressed as the Government of the Netherlands ordered restrictions on public spending, including for the recruitment of public officials. The Government indicates that the vacancies will be filled as soon as the recruitment freeze is lifted. The Committee requests the Government to provide information on the measures taken or envisaged for the filling of the vacant labour inspection posts. It also asks the Government to provide information on the material resources available to the labour inspectorate (transport facilities, offices, computers, measuring instruments, etc.). Please also provide a copy of relevant excerpts of the abovementioned audit.

Article 7. Training of labour inspectors. The Committee notes that the Government has not provided the requested information on the training of labour inspectors. The Committee requests the Government to provide information on the training activities provided to labour inspectors (including on the subjects covered, and the duration and participants of such training).

Articles 20 and 21. Publication and communication to the ILO of annual reports on the work of the labour inspection services. The Committee notes that no annual labour inspection report has been received at the ILO, but that the Government provides information on the number of labour inspections, the number of violations detected, and the number of preventive measures taken in the area of OSH. The Committee notes the Government’s indication that a computerized and integrated system, including a module for the registration of labour inspection data, is expected to be implemented at the Ministry of Social Development, Labour and Welfare in the near future, and this should enable the labour inspectorate to publish and send to the ILO annual reports with detailed statistical information, as required under the abovementioned Articles. In light of this information, the Committee hopes that annual labour inspection reports will soon be published and communicated to the ILO, and that they will contain information on all the subjects listed in Article 21(a)–(g). In addition, the Committee requests that the Government indicate the measures taken, in law and in practice, to give effect to Articles 12, 13, 14, 17 and 18 of the Convention, and to communicate copies of any relevant legal texts.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report does not provide the information requested in its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

Repetition

The Committee would be grateful if the Government would provide more detailed information on each of the questions set out in the report form with regard to the application of the provisions of the Convention, and in particular, on the measures taken to give effect to the provisions of Articles 8, 12, 17, 20 and 21 of the Convention.

Articles 4, 6 and 7 of the Convention. Organization of the labour inspection system, status and qualifications of labour inspectors. The Committee notes that, according to the Government’s report, the Labour Inspectorate was created on 10 October 2010, and was led by a manager with a broad technical and managerial background with knowledge (at master’s degree level) of chemistry, engineering, quality control, safety, labour legislation and other relevant areas. According to the Government, the section of Occupational Safety and Health (with three officers) has been assigned to the labour inspectorate under the guidance of the Manager and four Implementation Managers have been assigned to the organizational aspects of the whole Ministry. Furthermore, in April 2011, the section of Business and Labour Registration Controllers (with six officers) became part of the labour inspectorate. The Committee would be grateful if the Government would send a copy of the organizational chart of the Labour Inspectorate and specify the reporting hierarchy. The Committee also requests the Government to specify both the criteria and the procedure for the recruitment of labour inspectors, the training activities available to them and their impact on the performance of the inspection duties. Recalling that under Article 6 of the Convention the inspection staff should be assured of stability of employment and be independent of changes of government and improper external influences, the Committee requests the Government to indicate the type of contract of employment under which labour inspectors are appointed, and the remuneration cadre in relation to comparable categories of public employees, such as tax inspectors. Please also indicate the career prospects available to labour inspectors.

Articles 19, 20 and 21. Publication and content of an annual report. The Committee notes that, according to the Government’s report, in 2010, within the 954 companies controlled for business and labour registrations, 1,533 foreign workers with work permits were reported, against two without, and 9,068 local workers with workbooks, against nine without. Concerning Occupational Safety and Health, in 2010, the three officers carried out 80 planned controls and 46 controls after complaints; they gave 52 advices, two permits for exemption of usage of cranes for lifting workers and 33 controls for gas installation permits. Moreover, they conducted 31 investigations of accidents, and gave assistance and information on 39 occasions. Work was stopped twice with the help of the police because of occupational danger.

The Committee wishes to recall its general observation of 2010 on Articles 20 and 21 of the Convention, according to which detailed and well prepared annual labour inspection reports are of fundamental importance to assess the rate of coverage by labour inspection services in relation to their scope and to determine the resources that have to be allocated to this public function. Noting that the Government declares that measures will be taken to develop better reporting skills, the Committee requests the Government to indicate the measures taken or envisaged in order to ensure that the central labour inspection authority elaborates, publishes and communicates to the ILO an annual labour inspection report prepared in accordance with Articles 19–20 of the Convention and containing the information required under Article 21. The Committee draws the Government’s attention to the guidance provided in Part IV of the Labour Inspection Convention, 1947 (No. 81), as to the type of information that should be reflected in the annual inspection reports.

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

The Committee takes note of the first report of the Government for the year 2010. The Committee would be grateful if the Government would provide more detailed information on each of the questions set out in the report form with regard to the application of the provisions of the Convention, and in particular, on the measures taken to give effect to the provisions of Articles 8, 12, 17, 20 and 21 of the Convention.

Articles 4, 6 and 7 of the Convention. Organization of the labour inspection system, status and qualifications of labour inspectors. The Committee notes that, according to the Government’s report, the Labour Inspectorate was created on 10 October 2010, and was led by a manager with a broad technical and managerial background with knowledge (at master’s degree level) of chemistry, engineering, quality control, safety, labour legislation and other relevant areas. According to the Government, the section of Occupational Safety and Health (with three officers) has been assigned to the labour inspectorate under the guidance of the Manager and four Implementation Managers have been assigned to the organizational aspects of the whole Ministry. Furthermore, in April 2011, the section of Business and Labour Registration Controllers (with six officers) became part of the labour inspectorate. The Committee would be grateful if the Government would send a copy of the organizational chart of the Labour Inspectorate and specify the reporting hierarchy. The Committee also requests the Government to specify both the criteria and the procedure for the recruitment of labour inspectors, the training activities available to them and their impact on the performance of the inspection duties. Recalling that under Article 6 of the Convention the inspection staff should be assured of stability of employment and be independent of changes of government and improper external influences, the Committee requests the Government to indicate the type of contract of employment under which labour inspectors are appointed, and the remuneration cadre in relation to comparable categories of public employees, such as tax inspectors. Please also indicate the career prospects available to labour inspectors.

Articles 19, 20 and 21. Publication and content of an annual report. The Committee notes that, according to the Government’s report, in 2010, within the 954 companies controlled for business and labour registrations, 1,533 foreign workers with work permits were reported, against two without, and 9,068 local workers with workbooks, against nine without. Concerning Occupational Safety and Health, in 2010, the three officers carried out 80 planned controls and 46 controls after complaints; they gave 52 advices, two permits for exemption of usage of cranes for lifting workers and 33 controls for gas installation permits. Moreover, they conducted 31 investigations of accidents, and gave assistance and information on 39 occasions. Work was stopped twice with the help of the police because of occupational danger.

The Committee wishes to recall its general observation of 2010 on Articles 20 and 21 of the Convention, according to which detailed and well prepared annual labour inspection reports are of fundamental importance to assess the rate of coverage by labour inspection services in relation to their scope and to determine the resources that have to be allocated to this public function. Noting that the Government declares that measures will be taken to develop better reporting skills, the Committee requests the Government to indicate the measures taken or envisaged in order to ensure that the central labour inspection authority elaborates, publishes and communicates to the ILO an annual labour inspection report prepared in accordance with Articles 19–20 of the Convention and containing the information required under Article 21. The Committee draws the Government’s attention to the guidance provided in Part IV of the Labour Inspection Convention, 1947 (No. 81) as to the type of information that should be reflected in the annual inspection reports.