Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85) - St Helena

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

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 85 (labour inspection) and 150 (labour administration) together.

Labour Inspectorates (Non- Metropolitan Territories ) Convention, 1947 (No. 85)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures to take follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments. The Committee takes due note of the Government’s indications, in reply to the Committee previous request, that it will take into consideration the extension of the application of the Labour Inspection Convention, 1947 (No. 81) to St Helena. The Committee recalls to the Government the possibility of availing itself of the technical assistance of the Office. It also requests the Government to provide information on any steps taken towards extending the application of Convention No. 81 to St Helena.

Articles 1 and 4 of the Convention. Organization and functioning of a labour inspection system. In reply to the Committee’s previous comment, the Government indicates that, regrettably, there has been no progress made in establishing a labour inspection service within St Helena. It adds, however, that public authorities, such as the Labour Regulating Authority and the Employment Rights Committee, continue to function. The functions of the Employment Rights Committee now include promoting employees’ rights granted under the Employment Rights Ordinance (formerly a role of the Labour Regulating Authority). The Committee notes the Government’s indication that neither organization delivers the functions of labour inspectors, as envisaged by Article 4 of the Convention. With respect to occupational safety and health, the Government indicates that the Health and Safety Working Group ceased its work during the 2019–20 financial year, as it was recognized that a dedicated resource was required to take this important work forward. Efforts are still being made to secure funding and, in the meantime, work is ongoing to train government employees in basic health and safety awareness. The Committee once again requests the Government to pursue its efforts to provide for the organization of labour inspection services within the territory of St Helena and to provide information on any progress made in this regard. It also requests the Government to provide information on the progress made in securing funding and in reactivating the work in the field of occupational safety and health. The Committee once again requests the Government to continue providing information on the activities of the Labour Regulating Authority, including the number of cases received and resolved, as well as their results.

Article 2. Training of labour inspectors. The Committee notes the Government’s indication that no progress was made in training of persons responsible for labour inspection as there were no labour inspectors that had been appointed. The Committee once again requests the Government to provide information on the measures taken for the appointment of new inspectors or designation of persons with labour inspection responsibilities, and on the provision of adequate training, once appointments or designations are made.

Labour Administration Convention, 1978 (No. 150)

Article 6 of the Convention. Restructuring of the labour administration services. Activities of the bodies entrusted with labour administration functions. In its reply to the previous comments, the Government indicates that the Education and Employment Directorate has been re-designated as the Education, Skills and Employment Portfolio, following a restructuring of the public service which came into effect in April 2021. The Committee notes the Government’s indication that the responsibility for the development of policy and legislation relating to employment and labour administration rests with the Minister of Education, Skills and Employment. It also notes the annual progress report on the Labour Market Strategy for 2020-2035 for the year ending 31 December 2021. The Committee requests the Government to continue to provide information on the activities of, and the coordination between, all bodies with labour administration responsibilities, and to provide reports on their activities, where applicable. It also requests the Government to continue to provide information regarding the implementation and review of the Labour Market Strategy 2020–2035, in the context of the application of the Convention.

Article 10. Status and conditions of service of the staff of the labour administration system. The Government previously indicated that technical cooperation personnel and consultancy services may be employed if needs cannot be fully met from locally available workers. In reply to the previous comments, the Government indicates that there is one position within the Technical Cooperation Programme, that of the Director of Human Resources and Organizational Development, which supports the work of the labour administration services. The Director is responsible for, among other functions, ensuring a safe and thriving environment for all workers, supporting the resolution of workplace disputes, and providing the public service with necessary tools to define and influence a positive organizational culture. The Committee notes the Government’s indication that, as far as possible considering the budgetary constraints, staff of the labour administration system have access to training and material resources to enable them to effectively carry out their duties. The Committee requests the Government to continue to provide information on the measures taken to ensure that staff of the labour administration system are suitably qualified for the activities to which they are assigned, have access to necessary training, and have the status, material means and the financial resources necessary for the effective performance of their duties, in accordance with Article 10 of the Convention.

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 85 (labour inspection) and 150 (labour administration) together.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Labour inspection: Convention No. 85

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures to take follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments. The Committee encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider taking the necessary steps towards extending the application of Convention No. 81, as the most up-to-date instrument in this subject area, to St Helena. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Articles 1 and 4 of the Convention. Organization and functioning of a labour inspection system. The Committee notes the Government’s reiterated indications in its report that there has been no progress with regard to the development of a labour inspection system in St Helena. The Government states that, however, the functions of labour inspectors are delivered by different public authorities, particularly the Labour Regulating Authority (LRA) and the Employment Rights Committee. The Chief Magistrate, who chairs the LRA, acts independently to hear grievances from employees. It also indicates in its report and supplementary information that a Health and Safety Working Group has been established with an aim to ensure that adequate institutional arrangements with supporting systems and processes are in place to protect and promote the health and safety of the people in St Helena, including the health and safety of employees. The Committee also notes the Government’s indication in its report under the Labour Administration Convention, 1978 (No. 150), that the LRA is concerned with the low number of cases received (four cases during a 12-month period), and that private sector employees seem reluctant to take grievances to the LRA. The Government further indicates its intention to appoint inspectors. However, it also states that it remains a challenge given the small size (population of 4,700, economic active population of 2,800 and 194 registered companies) and remoteness of St Helena. The Committee once again requests the Government to pursue its efforts to provide for the organization of labour inspection services within the territory of St Helena and to provide information on any progress made in this regard. It requests the Government to provide information on the number of persons responsible for the control of conditions of employment, as well as their activities, including the powers exercised under Article 4 as well as action taken on complaints from workers and investigation of accidents or deaths involving workers. It also requests the Government to provide detailed information on the activities of the Health and Safety Working Group in the field of occupational safety and health. The Committee finally requests the Government to continue providing information on the activities of the Labour Regulating Authority, including the number of cases received and resolved and the number of inspections undertaken (if any), as well as their results.

Article 2. Training of labour inspectors. The Committee previously noted the Government’s indication that upon the final decision with regard to the entity responsible for labour inspection, relevant training would be arranged for the staff entrusted with labour inspection functions. It notes the Government’s statement that at present, there are no labour inspectors, but that it intends to appoint inspectors in the future. The Committee requests that the Government provide information on the measures taken to ensure that appropriate training is provided to persons responsible for labour inspection, including any new inspectors appointed, and the results of these measures (including number of persons that were trained, dates of training, subjects covered and duration).

Labour administration: Convention No. 150

Article 6 of the Convention. Restructuring of the labour administration services. Activities of the bodies entrusted with labour administration functions. The Committee previously noted the ongoing restructuring of the labour administration services. The Committee notes the organizational chart of the government structure submitted with the Government’s report in response to the Committee’s previous request. The Committee also notes the Government’s indications in its report and its supplementary information regarding the activities of bodies with responsibility of labour administration: (i) the Education and Employment Directorate has a strategic priority to work through the Community College to provide opportunities for training and development to meet the needs of the people and the economy, and establishes targets in this respect ; (ii) the Corporate Human Resources Department is developing a five-year Workforce Plan to ensure the identification of skills, roles and competencies in need; (iii) the Education and Employment Committee (previously the Education Committee) is responsible for the development of policy and legislation relating to employment rights (following the amendment, in 2020, to the Council Committees (Rules of Procedure) Order of 2010)); and (iv) the LRA continues to receive grievances from employees. The Government also indicates in its supplementary information that, following the amendment in 2020 to the Employment Rights Ordinance of 2010, the number of personnel of the LRA increased from one to three. The Government further indicates that the Labour Market Strategy for 2020–2035 is adopted. The Committee requests the Government to continue to provide information on the activities of, and the coordination between, all bodies with labour administration responsibilities, and to provide reports on their activities, where applicable. The Committee also requests the Government to provide further information regarding the implementation and review of the Labour Market Strategy 2020–2035.

Article 10. Status and conditions of service of the staff of the labour administration system. The Committee notes the Government’s indication in response to its previous comments that all staff employed by the St Helena Government are governed by the Code of Management. It also notes the attached Statement of Particulars as the employment terms of government staff. The Government states that technical cooperation personnel and consultancy services may be employed if needs cannot be fully met from locally available resources and human capacity, subject to relevant legislation, the Code of Management and other agreed terms and conditions of the Government. The Committee further notes the attached terms and conditions of service for technical cooperation officers. The Committee requests the Government to continue to provide information on the measures taken to ensure that the staff of the labour administration system are suitably qualified for the activities to which they are assigned, have access to necessary training, and have the status, material means and the financial resources necessary for the effective performance of their duties, all in accordance with Article 10 of the Convention, and to indicate the number of technical cooperation personnel engaged in work of labour administration and the needs they are engaged to meet.

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

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

Articles 1 and 4 of the Convention. Organization and functioning of a labour inspection system. The Committee notes the Government’s reiterated indications in its report that there continues to be no full-time inspectorate. According to the Government, following the restructuring of the labour administration services, the Environmental Health Section of the Public Health Directorate retains responsibility in the areas of health and safety and the general work environment, and enforcement of the relevant legislation is vested with the Public Health Committee. However, no decision has yet been taken on the public entity that shall assume responsibility for labour inspection. The Committee requests that the Government pursue its efforts to provide for the organization of labour inspection services within the territory of Saint Helena. In this regard, the Committee also requests that the Government indicate the number of labour inspectors entrusted with the control of conditions of employment. The Committee also requests that the Government provide data on the number of workplaces liable to inspection and the number of workers employed therein, as well as on the number of labour inspection visits undertaken.

Article 2. Training of labour inspectors. The Committee notes the Government’s reiterated indications that one environmental health officer has received training on factory inspection duties but that no formal training on labour inspection duties was provided. The Committee also notes the Government’s indication that upon the final decision with regard to the entity responsible for labour inspection, relevant training will be arranged for the staff which will be entrusted with labour inspection functions. The Committee requests that the Government provide information on the measures taken to ensure that appropriate training is provided to labour inspectors and the results of these measures (number of labour inspectors that were trained, subjects and duration).

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

Articles 1, 2 and 4 of the Convention. Functioning of a labour inspection system. Number of suitably trained labour inspectors and inspection visits. The Committee notes that, according to the Government’s report, there continues to be no full-time inspectorate. The responsibility for labour inspection services is vested in the Government’s Head of Employment and Social Security Department in so far as labour administration matters are concerned, and the Environmental Health Section of the Public Health and Social Services Department in so far as health and safety and the general working environment are concerned. According to the Government, one environmental health officer has received formal training in factory inspection duties but no one has had any formal training in labour inspection duties.

The Committee recalls that, according to Article 1 of the Convention, labour inspection services shall be maintained in non-metropolitan territories. According to Article 2, labour inspection services shall consist of suitably trained inspectors and, according to Article 4, inspectors shall be required to inspect conditions of employment at frequent intervals.

The Committee requests the Government to indicate the number of labour inspectors and to specify their functions and the proportion of their activities which focus on the inspection of conditions of employment.

Please also indicate the measures taken or envisaged during the next reporting period in order to provide suitable training to labour inspectors so that they can carry out their functions effectively. Please indicate the subjects, duration and impact of such training.

The Committee would also be grateful if the Government would provide data on the number of inspection visits in relation to workplaces liable to inspection and the number of workers employed therein.

Finally, the Committee requests the Government to provide a copy of the organizational chart of the labour inspectorate.