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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Labour inspection: Convention No. 81

Article 3(1)(a), (b) and (2) of Convention No. 81. Additional functions entrusted to labour inspectors. Control of registration of employment vacancies and issuance of work permits. The Committee notes the Government’s indication that under the Employment Regulation (Offences) Act, labour inspectors are empowered to issue fixed penalty notices that can range from £750 for failure on the part of an employer to register a termination of employment to £3,000 for failing to register a vacancy, the engagement of a new employee or the request for a work permit. It notes in this respect that pursuant to Part III of the Employment Act, the Director of Employment may require: (a) notification to him of any employment vacancy before that vacancy may be filled; and (b) that an employer obtain permission from the Director prior to employing any workers (work permit).

The Committee recalls that, according to Article 3(1) and (2) of the Convention, the primary functions of the labour inspection system shall be to monitor and secure the conditions of work and the protection of workers while engaged in their work and any further duties which may be entrusted to labour inspectors should not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee requests the Government to take specific measures to ensure that any functions assigned to labour inspectors to monitor registration of employment vacancies and work permits, or issue penalty notices related to such registration, do not interfere with the main objective of labour inspectors to secure the enforcement of legal provisions relating to conditions of work and the protection of workers as required under Article 3(1) of the Convention. It requests the Government to provide information on the time and resources spent on labour inspection activities in these areas compared to activities spent on securing the enforcement of legal provisions relating to conditions of work and the protection of workers.

Articles 10, 14, 16, 20 and 21. Number of labour inspectors and coverage of inspections. Annual labour inspection reports. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the statistical information provided by the Government, in reply to its previous request, on the labour inspection activities performed during fiscal years 2016 to mid-2019. The Committee notes a reduction of the number of labour inspectors, from a total of five inspectors in 2017 to three in 2019, despite an increase in the number of employers subject to inspection from 5,574 (with 34,715 employees) to 5,926 employers (with 37,711 employees). It however notes a rise in the number of inspection visits carried out in fiscal years 2017–18: 495 visits (up from 398 visits in fiscal years 2016–17) which resulted in the detections of 88 violations and the issuance of 21 fines. The Committee also notes that for the fiscal year 2017–18, 119 minor accidents and 28 serious accidents were reported to the labour inspectorate with no notifications made on occupational diseases, while for the fiscal year 2018–19, 152 minor accidents, 29 serious accidents, and one case of occupational disease was reported. The Committee requests the Government to provide detailed information on the manner in which labour inspection activities are carried out with respect to occupational safety and health (OSH) issues, and to continue to provide statistical information on the number of labour inspections performed in the areas of OSH and working conditions. It also requests the Government to provide further information on the measures taken to ensure the notification of cases of occupational diseases to the labour inspectorate, in accordance with Article 14. Finally, the Committee requests the Government to indicate whether annual labour inspection reports containing the statistics provided by the Government are published in accordance with Article 20(2) of the Convention.

Article 12(1) and (2). Right of inspectors to enter freely any workplace liable to inspection. The Committee notes that under section 17(1)(a) and (d) of the Employment Act, labour inspectors shall be empowered to enter at all reasonable times any premises, ship or other place liable to inspection under the Act, and with the prior written authority of the Director, to do anything necessary to ensure that the Act is complied with or to detect any breach of this Act. However, the Committee notes the absence of a provision, which as a matter of principle, empowers labour inspectors to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, in accordance with Article 12 of the Convention. Moreover, the Committee notes that the Factories Act regulating appointment and powers of inspectors in the areas of OSH does not appear to contain any provisions empowering inspectors to enter freely any workplace liable to inspection. The Committee requests the Government to provide information on the exercise by inspectors in practice of the powers in sections provided for in section 17(1)(a) and (d) of the Employment Act, including further information on the requirement to obtain written authority from the Director, the modalities for obtaining this, including if a separate request is required before each inspection. The Committee also requests the Government to indicate whether labour inspectors entrusted with supervising compliance with the Factories Act are empowered to enter freely any workplace liable to inspection, in accordance with Article 12(1) of the Convention.

Labour administration: Convention No. 150

Articles 5, 6(1) and (2) of Convention No. 150. Preparation and implementation of laws and regulations giving effect to the national labour policy, in consultation and cooperation with the most representative organizations of employers and workers. The Committee notes that section 6 of the Employment Act establishes the Condition of Employment Board which comprises a chairperson and independent persons as the Minister may appoint, as well as the equal number of representatives of employers and employees as the Minister may appoint. Section 7 of the Act provides that the functions of the Board shall be: (a) to make recommendations to the Minister as to any general minimum standard conditions of employment; (b) to make recommendations to the Minister as to any particular minimum standard conditions of employment on any matter referred to the Board by the Minister; and (c) to advise the Minister on any matter relating to conditions of employment, or on any matter referred to the Board by the Minister. The Committee requests the Government to provide information on the manner in which the Condition of Employment Board currently functions and contributes to the preparation, administration, coordination, checking and review of national labour policy.

Article 7. Gradual extension of the functions of the system of labour administration to certain categories of workers. The Committee requests the Government to provide information on the coverage of the labour administration system, and on any measures taken to extend this coverage to categories of workers not previously covered, such as those referred to in Article 7 (a)–(d) of the Convention with a view to meeting the needs of the largest possible number of workers.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

Articles 20 and 21 of the Convention. Failure to submit an annual report on the work of the labour inspection services. In its last comment, the Committee noted with regret that the Government had never sent an annual labour inspection report to the Office containing full information on all the subjects as required under Article 21 of the Convention. The Committee notes that, yet again, no annual report on the work of the labour inspection services has been received this year, nor have any relevant statistics been provided which, according to the Government’s indications in its previous comments, could be provided by the labour inspectorate and the health and safety inspectorate. Neither has the Government provided any information, as requested, on the difficulties encountered in preparing, publishing and communicating an annual labour inspection report under Article 20 of the Convention. The Committee recalls that the annual labour inspection report offers an indispensable basis for the national authorities, the social partners and the ILO supervisory bodies to evaluate the results in practice of the activities of the labour inspection services and contribute to their improvement, particularly for the determination of the means necessary to improve their effectiveness. The Committee once again urges the Government to ensure that the necessary measures are taken by the labour inspection authority to prepare, publish and communicate to the ILO an annual labour inspection report under Article 20 of the Convention containing information on all the subjects covered by Article 21(a)–(g), and to describe such measures or any difficulties encountered in this regard.

It requests the Government in any event to provide with its next report statistical information that is as detailed as possible on the number of labour inspectors and industrial and commercial places liable to inspection, as well as on the activities of the labour inspection services (number of inspections, infringements detected and the legal provisions to which they relate, penalties applied, number of occupational accidents and diseases reported, etc.).

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Articles 20 and 21 of the Convention. Failure to submit an annual report on the work of the labour inspection services. In its last comment, the Committee noted with regret that the Government had never sent an annual labour inspection report to the Office containing full information on all the subjects as required under Article 21 of the Convention. The Committee notes that, yet again, no annual report on the work of the labour inspection services has been received this year, nor have any relevant statistics been provided which, according to the Government’s indications in its previous comments, could be provided by the labour inspectorate and the health and safety inspectorate. Neither has the Government provided any information, as requested, on the difficulties encountered in preparing, publishing and communicating an annual labour inspection report under Article 20 of the Convention. The Committee recalls that the annual labour inspection report offers an indispensable basis for the national authorities, the social partners and the ILO supervisory bodies to evaluate the results in practice of the activities of the labour inspection services and contribute to their improvement, particularly for the determination of the means necessary to improve their effectiveness. The Committee once again urges the Government to ensure that the necessary measures are taken by the labour inspection authority to prepare, publish and communicate to the ILO an annual labour inspection report under Article 20 of the Convention containing information on all the subjects covered by Article 21(a)–(g), and to describe such measures or any difficulties encountered in this regard.

It requests the Government in any event to provide with its next report statistical information that is as detailed as possible on the number of labour inspectors and industrial and commercial places liable to inspection, as well as on the activities of the labour inspection services (number of inspections, infringements detected and the legal provisions to which they relate, penalties applied, number of occupational accidents and diseases reported, etc.).

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

Articles 20 and 21 of the Convention. Failure to submit an annual report on the work of the labour inspection services. Referring to its comments since 1990 in this regard, the Committee notes with regret that the Government has never sent an annual labour inspection report to the Office containing full information on all the subjects as required in Article 21 of the Convention, namely: (a) laws and regulations relevant to the work of the inspection service; (b) staff of the labour inspection service; (c) statistics of workplaces liable to inspection and the number of workers employed therein; (d) statistics of inspection visits; (e) statistics of violations and penalties imposed; (f) statistics of industrial accidents; and (g) statistics of occupational diseases. The Committee notes that the Government again provides information on the number of registered employers (which are taken to reflect the number of workplaces) and the number of workers employed therein, but does not provide updated statistics on the other subjects mentioned above. The Government repeats its indication made in its last report, that both the labour inspectorate and the health and safety inspectorate can provide statistics and other information relating to their work and that the Committee is invited to seek any specifically related information as it may require. The Committee has repeatedly emphasized and would like to recall once more the importance of publishing an annual inspection report by the central authority as part of a mechanism for the ongoing improvement of the functioning of the labour inspectorate and the health and safety inspectorate. The Committee urges the Government to ensure that the necessary measures are taken by the labour inspection authority with a view to the preparation, publication and communication to the ILO of an annual labour inspection report under Article 20 of the Convention containing information on all the subjects covered by Article 21(a)–(g). It requests the Government to describe such measures or indicate the difficulties encountered in this regard.

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

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:

Repetition

The Committee takes note of the Government’s report received on 7 April 2010.

With regard to its previous comments on the absence of an annual labour inspection report, the Government indicates that both the labour inspectorate and the health and safety inspectorate can provide statistics and other information relating to their work and that the Committee is invited to seek any specifically related information as it may require. The Committee recalls that according to Articles 20 and 21 of the Convention, the central inspection authority should publish and communicate to the ILO an annual general report on the work of the inspection services and such report should deal with the following: (a) laws and regulations relevant to the work of the inspection service; (b) staff of the labour inspection service; (c) statistics of workplaces liable to inspection and the number of workers employed therein; (d) statistics of inspection visits; (e) statistics of violations and penalties imposed; (f) statistics of industrial accidents; and (g) statistics of occupational diseases. In its previous comments, the Committee, while noting the statistics provided by the Government for the period 2002–05 relating to the inspections carried out, the cases taken to court and the reportable injuries, had observed that there was no mention of the number of workplaces liable to inspection and the number of workers employed therein. The Committee notes that in its latest report the Government indicates the number of registered employers (which are taken to reflect the number of workplaces) and the number of workers employed therein. However, it does not provide updated statistics on the inspections carried out, the cases taken to court and the reportable injuries for the reporting period. Recalling once again the importance of publishing an annual inspection report as part of a mechanism for the ongoing improvement of the functioning of the labour inspectorate and the health and safety inspectorate, the Committee once again requests the Government to take the necessary measures to ensure that the central labour inspection authority fulfils its obligations to this end and to describe such measures or to indicate the difficulties encountered in this regard.

Meanwhile, the Committee requests the Government to provide statistical information on the above items in its next report.

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

The Committee takes note of the Government’s report received on 7 April 2010.

With regard to its previous comments on the absence of an annual labour inspection report, the Government indicates that both the labour inspectorate and the health and safety inspectorate can provide statistics and other information relating to their work and that the Committee is invited to seek any specifically related information as it may require. The Committee recalls that according to Articles 20 and 21 of the Convention, the central inspection authority should publish and communicate to the ILO an annual general report on the work of the inspection services and such report should deal with the following: (a) laws and regulations relevant to the work of the inspection service; (b) staff of the labour inspection service; (c) statistics of workplaces liable to inspection and the number of workers employed therein; (d) statistics of inspection visits; (e) statistics of violations and penalties imposed; (f) statistics of industrial accidents;  and (g) statistics of occupational diseases. In its previous comments, the Committee, while noting the statistics provided by the Government for the period 2002–05 relating to the inspections carried out, the cases taken to court and the reportable injuries, had observed that there was no mention of the number of workplaces liable to inspection and the number of workers employed therein. The Committee notes that in its latest report the Government indicates the number of registered employers (which are taken to reflect the number of workplaces) and the number of workers employed therein. However, it does not provide updated statistics on the inspections carried out, the cases taken to court and the reportable injuries for the reporting period. Recalling once again the importance of publishing an annual inspection report as part of a mechanism for the ongoing improvement of the functioning of the labour inspectorate and the health and safety inspectorate, the Committee once again requests the Government to take the necessary measures to ensure that the central labour inspection authority fulfils its obligations to this end and to describe such measures or to indicate the difficulties encountered in this regard.

Meanwhile, the Committee requests the Government to provide statistical information on the above items in its next report.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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 that the Government’s report, which provides information on the content of the regulations adopted in accordance with European Union Directives, does not contain a reply to its previous comments. It hopes that the next report will provide full particulars on the points raised in its previous direct request, which related to the role of the labour inspectorate in the implementation of these legal provisions in practice and read as follows:

The Committee notes the statistics provided by the Government for the period 2002–05 relating to the inspections carried out, the cases taken to court and the reportable injuries. The Committee notes however that there is no mention of the number of workplaces liable to inspection and the number of workers employed therein. It requests the Government to provide information in its next report on the progress achieved in securing enforcement of the legal provisions relating to conditions of work and protection of workers following recent EU Directives in the area of safety and health, in so far as labour inspection is concerned. The Committee further notes that no annual labour inspection report has been received. The Committee recalls the importance attached to the publication by the central inspection authority, and the transmission to the ILO of a report on the work of the inspection services under its control in pursuance of Articles 20 and 21 of the Convention. It requests the Government to take the necessary measures to give effect to these important provisions of the Convention. The Government is also asked to provide the information requested by the report form for the Convention under each of its provisions, and Parts IV and V.

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

The Committee notes that the Government’s report, which provides information on the content of the regulations adopted in accordance with European Union Directives, does not contain a reply to its previous comments. It hopes that the next report will provide full particulars on the points raised in its previous direct request, which related to the role of the labour inspectorate in the implementation of these legal provisions in practice and read as follows:

The Committee notes the statistics provided by the Government for the period 2002–05 relating to the inspections carried out, the cases taken to court and the reportable injuries. The Committee notes however that there is no mention of the number of workplaces liable to inspection and the number of workers employed therein. It requests the Government to provide information in its next report on the progress achieved in securing enforcement of the legal provisions relating to conditions of work and protection of workers following recent EU Directives in the area of safety and health, in so far as labour inspection is concerned. The Committee further notes that no annual labour inspection report has been received. The Committee recalls the importance attached to the publication by the central inspection authority, and the transmission to the ILO of a report on the work of the inspection services under its control in pursuance of Articles 20 and 21 of the Convention. It requests the Government to take the necessary measures to give effect to these important provisions of the Convention. The Government is also asked to provide the information requested by the report form for the Convention under each of its provisions, and Parts IV and V.

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

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 takes note of the Government’s report as well as the legislative texts and regulations attached to it. The Committee notes the statistics provided by the Government for the period 2002–05 relating to the inspections carried out, the cases taken to court and the reportable injuries. The Committee notes however that there is no mention of the number of workplaces liable to inspection and the number of workers employed therein. It requests the Government to provide in its next report information on progress achieved in securing enforcement of the legal provisions relating to conditions of work and protection of workers following recent EU Directives in the area of safety and health, in so far as labour inspection is concerned. The Committee further notes that no annual labour inspection report has been received. The Committee recalls the importance attached to the publication by the central inspection authority, and the transmission to the ILO of a report on the work of the inspection services under its control in pursuance of Articles 20 and 21 of the Convention. It requests the Government to take any appropriate measures to give effect to these important provisions of the Convention. The Government is also asked to provide the information requested by the report form for the Convention under each of its provisions, and its Parts IV and V.

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

The Committee takes note of the Government’s report as well as the legislative texts and regulations attached to it. The Committee notes the statistics provided by the Government for the period 2002-05 relating to the inspections carried out, the cases taken to court and the reportable injuries. The Committee notes however that there is no mention of the number of workplaces liable to inspection and the number of workers employed therein. It requests the Government to provide in its next report information on progress achieved in securing enforcement of the legal provisions relating to conditions of work and protection of workers following recent EU Directives in the area of safety and health, in so far as labour inspection is concerned. The Committee further notes that no annual labour inspection report has been received. The Committee recalls the importance attached to the publication by the central inspection authority, and the transmission to the ILO of a report on the work of the inspection services under its control in pursuance of Articles 20 and 21 of the Convention. It requests the Government to take any appropriate measures to give effect to these important provisions of the Convention. The Government is also asked to provide the information requested by the report form for the Convention under each of its provisions, and its Parts IV and V.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s reports and the texts of legislation annexed thereto. It notes that the information provided in the report and the texts provided are not sufficient to assess the level of application of the Convention. Concrete data on inspection activities and on their results are needed to this end. The Committee thus requests once again the Government to take measures, in accordance with Article 20 of the Convention, to ensure that an annual inspection report be published and communicated to the ILO by the central inspection authority defined in Article 4, covering all the subjects listed in Article 21.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Articles 10, 16, 20 and 21 of the Convention. In its previous comments the Committee noted that a labour inspectorate was set up in 1992 by the Employment and Training Board. The Committee notes the Government's information in its latest report that while between 1993 and 1995 the labour inspectorate experienced continuing staffing shortages, it will shortly be strengthened, and that this should lead to a significant improvement in the volume and quality of its work, and permit a resumed and comprehensive reporting capability. The Committee requests the Government to provide information in its next report on any progress made. The Committee hopes, in this regard, that in future annual reports will be drawn up containing information on all the subjects listed in Article 21 of the Convention, and that they will be published and communicated to the ILO within the time-limits set out in Article 20.

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

The Committee notes the information contained in the Government's report that since the Employment and Training Board set up a labour inspectorate in September 1992, 554 inspections have been carried out leading to the discovery of 580 persons illegally employed and 91 firms being fined. The Committee requests the Government to continue to provide information on the inspections carried out, on progress achieved in securing enforcement of the legal provisions relating to conditions of work and protection of workers and on sanctions imposed.

Articles 16, 20 and 21. Further to its previous comments, the Committee notes the statistics on industrial accidents for the period 1982-93 supplied by the Government (Article 21(f)). The Committee notes, however, that once again no annual labour inspection report has been received. The Committee recalls the need to ensure that regular reports on inspection activities are compiled and published in accordance with the Convention. The Committee trusts that the Government will soon provide the necessary information.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 16, 20 and 21 of the Convention. Further to its previous comments, the Committee notes that the 1983-89 report on the Labour Inspectorate issued during the first half of 1990 and referred to in the Government's report was not received, although statistics for industrial accidents and occupational diseases (Article 21(f) and (g)) have been supplied. The Committee recalls the need to ensure that regular reports on inspection activities are compiled and published in accordance with the Convention. In the absence of those reports, the Committee is unable to tell how far the requirement that workplaces should be inspected as often and as thoroughly as necessary is being met. It hopes the Government will soon provide all due information.

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

Articles 16, 20 and 21 of the Convention. Further to its previous comments, the Committee notes that the 1983-89 report on the Labour Inspectorate issued during the first half of 1990 and referred to in the Government's report was not received, although statistics for industrial accidents and occupational diseases (Article 21(f) and (g)) have been supplied. The Committee recalls the need to ensure that regular reports on inspection activities are compiled and published in accordance with the Convention. In the absence of those reports, the Committee is unable to tell how far the requirement that workplaces should be inspected as often and as thoroughly as necessary is being met. It hopes the Government will soon provide all due information.

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

Articles 20 and 21 of the Convention. The Committee takes note of the report of the labour inspectorate for 1983-88. However, it notes that Appendices A and B containing information on responsibilities and on the laws and regulations coming under the control of the labour inspectorate, respectively, were not appended to the report. Furthermore, the Committee notes that the report does not contain statistics of workplaces liable to inspection and the number of workers employed therein, of violations and penalties imposed, or of industrial accidents and occupational diseases (Article 21(c), (e), (f) and (g)). The Committee expresses the hope that, in future, annual inspection reports will cover all the subjects listed at Article 21.

Furthermore, the Committee requests the Government to state whether the inspection reports are published and made available to all the institutions and persons concerned.