Labour Inspection Convention, 1947 (No. 81) - Liberia (Ratification: 2003)

Direct Request (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 administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. In its previous comments, the Committee requested the Government to indicate whether measures had been taken or were envisaged to relieve labour inspectors of conciliation duties and to entrust this function to another body. The Committee notes that the Government indicates in its report that, as from 2019, labour inspectors are dedicated full time to the performance of inspection duties and have been relieved of conciliation duties, these functions being performed by the Legal Section of the Ministry of Labour. The Committee notes, however, that the Government also indicates that the inspection of work permits of foreigners was added to the duties of labour inspectors. In this respect, it notes that section 8.2(d) of the Decent Work Act of 2015 provides that labour inspectors are to perform such additional functions as may be prescribed. The Committee recalls that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers if it is to be compatible with the objective of labour inspection. The Committee therefore requests the Government to take the necessary measures to ensure, in accordance with Article 3(2) of the Convention, that additional duties which are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers are assigned to labour inspectors only insofar as they do not interfere with their main objective, 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. Furthermore, the Committee requests the Government to indicate if any other additional function is entrusted to labour inspectors under section 8.2(d), of the Decent Work Act, and to indicate the time and resources allocated by labour inspectors to each of their duties, as compared to those allocated to their primary functions.

Articles 4, 10 and 11. Organization and effective functioning of the labour inspection services, including the allocation of adequate human resources and material means. With reference to its previous comments, the Committee notes that under section 8.1(a) of the Decent Work Act, the Minister shall appoint as many labour inspectors as are necessary to carry out adequately the functions of the inspection system. In this regard, it notes the information provided by the Government according to which the number of inspectors has increased to 54 (25 inspectors more than in 2015) distributed as follows: 28 inspectors are assigned to the 14 rural counties of Liberia and 24 are assigned to the central office, in addition to the Inspector General and his Deputy. The Committee notes that the Government refers to the limited material resources, such as computers, printers and photocopy machines, available to the labour inspectorate. It also notes that the Government indicates that the inspection services are funded within the constraints of the general state budget, and that a budget allocation has been requested to make the regional offices of the labour inspectors functional and effective. Taking due note of the increase in the number of labour inspectors, the Committee requests the Government to intensify its efforts to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the inspection functions, taking into account the criteria set out in Article 10(a) to (c). It also requests the Government to adopt the necessary measures to ensure that labour inspectors have the necessary material means to carry out their functions effectively, including local offices, suitably equipped and accessible to all persons concerned and adequate means of transport, in accordance with Article 11 of the Convention.

Article 6. Status and conditions of service of the inspection staff. The Committee notes the information provided by the Government, in response to its previous request in this respect, that inspection staff are civil servants governed by the Civil Service Act and that their compensation is in accordance with the Annual Budget Law, the Social Security Law, the Civil Service Act,. In this respect, the Committee notes that the Standing Orders for the Civil Service of 2012 provide for the maintenance of official Civil Service Classification and Pay Plans through regular reviews and periodical comparative salary studies (section 1.2.4). The Committee requests the Government to provide detailed information on the conditions of service of labour inspectors, including illustrative figures on their remuneration and career prospects, also in relation to the remuneration and career prospects of other officials specifically identified as exercising similar functions.

Article 7. Initial and subsequent training of labour inspectors. Further to its previous comments, the Committee notes that the Government indicates that intensive and regular training sessions are provided to labour inspectors by the central authority and regional offices throughout the country in order for inspectors to keep abreast of national and international labour standards, the roles, powers and duties of labour inspectors, policy issues and action planning. The Committee requests the Government to continue to provide specific information on the initial and subsequent training given to labour inspectors, including details on the number of participants, subjects covered, and frequency of the trainings.

Article 12(1)(a). Extent of the right of free entrance of labour inspectors to workplaces liable to inspection. In its previous comments, the Committee requested the Government to provide information on any progress made to bring the national legislation into conformity with the requirements of Article 12(1)(a). The Committee notes the Government's reference to section 8.3(a) of the Decent Work Act, which provides that labour inspectors can enter freely and without previous notice at any hour of the day into a workplace liable to inspection. The Committee observes that the Decent Work Act does not contain a provision allowing inspectors to enter a workplace subject to inspection at any time during the night. The Committee once again requests the Government to take the necessary measures to ensure, in accordance with Article 12(1)(a) of the Convention, that labour inspectors are legally authorized to enter and inspect workplaces subject to inspection not only during the day, but also at any hour of the night, and to provide information on the measures taken in this respect.

Article 13(2) and 17(1). Measures to be ordered with immediate executory force. Prompt legal proceedings without previous warning. With reference to its previous comments, the Committee indicates that under section 8.4 of the Decent Work Act, labour inspectors are empowered to issue a compliance notice if they reasonably believe that a person is violating or has violated a provision of the Act or the regulations. It also indicates that under section 8.4(b)(iii), compliance notices could have time limits of up to 28 days to remedy a contravention. The Government adds that if a person fails or refuses to comply with a notice issued by the labour inspector, the inspector may bring a verified complaint in writing to the Ministry to enforce compliance through administrative hearings. The Committee further notes that pursuant to section 28.2 of the Decent Work Act, labour inspectors are empowered to issue prohibition notices in case of imminent risk to the safety of health of workers. The Committee requests the Government to provide information on the number of verified complaints and prohibition notices issued by labour inspectors per year and to indicate the causes of such notices and their outcomes, including any court proceedings and sanctions imposed. The Committee also requests the Government to provide information on the provisions of national legislation establishing that persons who violate or neglect to observe legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning, except in cases in which previous notice to carry out remedial or preventive measures is to be given, as prescribed by Article 17(1) of the Convention.

Article 15(b) and (c). Extent of the obligation of secrecy aimed at protecting employers’ rights. Confidentiality of the source of a complaint. Further to its previous comments, the Committee notes the Government's reference to section 8.9(a) of the Decent Work Act, which provides that labour inspectors are prohibited, even after termination of their employment with the Ministry, from disclosing, except as required by their duties, any information coming to their knowledge in the course of their employment. It also notes that according to section 8.9(d) of the Decent Work Act, a labour inspector who violates this section shall be removed from Office. In addition, the Government indicates that the inspectorate has limited documentation capacity, which means that, in some cases, inspection documentation is printed out in other divisions of the Ministry, posing a risk to confidentiality. The Committee notes that under section 8.8 of the Decent Work Act, the identity of a person who makes a complaint may be disclosed if the persons consents, or if the disclosure is to a person interested, on reasonable grounds necessary to the administration of the Act or any other law. The Committee recalls that compliance with the confidentiality of the source of any complaint is a prerequisite for the effectiveness of labour inspection. The Committee requests the Government to take the necessary measures, including improved documentation capacity, to ensure that labour inspectors treat as absolutely confidential the source of any complaint bringing to their attention a defect or non-compliance with the legal provisions and to provide information on the measures taken in this respect.

Articles 20 and 21. Annual reports on the activities of the labour inspection services. The committee notes with regret that once again no annual report has been received which would enable the Committee to evaluate the application of the Convention in practice. It also notes that while the Government indicates that the inspectorate provides regular updates and contributes to the Ministry's annual report, no information has been provided on the number of inspection visits carried out and the number of employees covered by such visits. The Committee requests the Government to take the necessary measures to ensure that an annual report on the activities of the labour inspection services is prepared, published and transmitted to the ILO within the time limit laid down in Article 20(3) and containing the information required under Article 21(a) to (g) of the Convention.

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Article 4 of the Convention. Organization and operation of the labour administration system and coordination of responsibilities. The Committee notes that in reply to its previous comment, the Government provides an organizational chart of the Ministry of Labour. In this respect, the Committee notes that the composition of the Ministry includes the Division of Regional Labour Affairs, the Division of Tripartite Affairs, the Division of Trade Union and Social Dialogue, the National Bureau of Employment and the National Commission on Child Labour. The Committee notes, however, that the Government did not provide information on the activities of the Ministry of Labour. The Committee therefore requests the Government to provide information on the activities of public administration bodies responsible for and/or engaged in labour administration, whether they are ministerial divisions or departments, including parastatal and regional or local agencies. It also requests the Government to provide information on the existence of any institutional framework for the coordination of the activities of such bodies.

Article 5. Consultation, cooperation and negotiation bodies. With reference to its previous comments, the Committee notes that the Government indicates that the National Tripartite Council discussed the application of the Decent Work Act, the recommendations and outcomes of the National Labour Conference, and the effects of COVID-19 in workplaces. The Government also indicates that the process of harmonizing the provisions governing the workforce administered by the Ministry of Labour and the provisions governing civil servants administered by the Civil Service Agency was renewed in the framework of the 2018 National Labour Conference. The Government adds that the COVID-19 crisis has led to a delay in the implementation of the Conference's recommendations, which included further dialogue on the harmonization of labour laws. The Government further indicates that consultation between public authorities, employers and workers also takes place at the local level, and that the Minister is represented in each county by at least one commissioner. Furthermore, the Committee notes the Government's indications that the Minimum Wage Board has not yet been established due to financial constraints. Lastly, the Committee notes the information provided by the Government indicating that the National Child Labour Commission receives a budget allocation of $30,000 per year, largely earmarked for staff salaries, and that it receives office supplies and equipment as part of the Ministry's general administrative support. The Committee requests the Government to provide information on the process of harmonization of the provisions governing the private and public workforce and on the steps taken in order to establish the Minimum Wage Board. It also requests the Government to provide detailed information on the consultations held between public authorities and employers, workers and their representatives at the local level.

Article 6(2)(a) and (b). National employment policy. Study and review of the situation of persons in relation to employment. Further to its previous comments, the Committee notes that the Government indicates that the national employment policy established in 2009 needs to be revised, and that consultations on the assessment of its results and on the formulation of the new policy are at the initial stage. The Government also indicates that it issued a COVID-19 Workplace Guide and subsequently amended it to provide for the payment of 50 per cent of wages to workers who had been considered non-essential and requested not to work. The Government adds that during the pandemic public employees, who are largely governed by the Civil Service Standing Orders, obtained full earnings, whether they were considered as essential workers or not. The Committee requests the Government to provide information on the progress made in the establishment and implementation of a new national employment policy, including the results of the consultations held in this regard. It also requests the Government to provide information on the activities carried out by the National Bureau of Employment, in particular with regard to the study and review of the situation of employed, unemployed and underemployed persons.

Article 10. Training. Conditions of service. Human resources, material and financial means. With reference to its previous comments, the Committee notes that based on the organizational chart of the Minister of Labour provided by the Government, the Deputy Minister for Administration is composed of several departments, including the Division of Finance and Administration and the Division of Personnel. The Committee notes that the Government did not provide information on the training activities provided to the personnel of the Ministry of Labour during their employment and the resources available to them for the performance of their duties. Therefore, the Committee requests the Government to provide information on the training held and material and financial means assigned to the labour administration personnel for the performance of their duties, including information on the number of participants, subjects covered, and duration of training sessions.

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

The Committee notes the information provided by the Government in reply to its previous request concerning the application of the labour inspection system in the mining and transport sector (Article 2(2) of the Convention).

Legislation. The Committee notes from information available at the ILO and on the Internet that the Decent Work Act was enacted on 25 June 2015. The Committee requests the Government to communicate a copy of the 2015 Decent Work Act to the ILO.

Article 3(2). Additional duties entrusted to labour inspectors. The Committee previously noted that labour inspectors are entrusted with handling disputes under Chapter 21 of the Labour Practices Law (LPL). The Committee notes that the Government has not provided a reply in relation to its previous request concerning the impact of these duties on the performance of the primary functions of labour inspectors. Recalling that in accordance with Article 3(2), any additional duties such as conciliation shall not be such as to interfere with the effective discharge of the primary duties of labour inspectors, the Committee requests the Government to indicate the time spent by labour inspectors on these duties in relation to their primary functions as described in Article 3(1). Please also indicate whether measures have been taken or are envisaged to relieve labour inspectors of conciliation duties and to entrust this function to another body.

Articles 4, 10 and 11. Organization and effective functioning of the labour inspection services, including the allocation of adequate human resources and material means. The Committee previously recalled that five (of the 15) labour inspection regional offices were not yet operational due to budgetary constraints and noted the Government’s indications that a decentralization plan was under way to strengthen the regional structures of the labour inspection system. The Committee notes that the Government has not provided any further information on the implementation of the announced decentralization plan. However, it notes from the statistics provided in the Government’s current and previous reports that the total number of labour inspectors has decreased from 37 to 29 between 2012 and 2015. It understands from the Government’s indications that 19 labour inspectors are working at the central labour inspection office, while 10 labour inspectors are spread across the 14 regional labour inspection offices. The Committee requests the Government to indicate the measures taken (such as the conduct of a needs assessment taking into account the criteria in Article 10(a) to (c) of the Convention) to ensure that the inspection services have at their disposal an adequate number of labour inspectors and the necessary financial and material means to discharge their functions effectively. In this respect, it also requests the Government to describe in detail the current situation of the labour inspection services in terms of the available human resources (including the geographical distribution of labour inspectors between the central and regional labour inspection offices) and material means (transport facilities, office space, measuring devices, computers, telephones, etc.). Please also explain the reasons for the decrease in the number of labour inspectors and, where applicable, provide detailed information on the decentralization plan and its implementation.

Article 6. Status and conditions of service of the inspection staff. The Committee previously noted the Government’s indications that the status and conditions of service of labour inspectors have no legal basis, and that due consideration will be given to this issue in the review of the Labour Act. The Committee notes that the Government provides no information on developments in this regard. The Committee therefore requests the Government to provide information on progress made, in the current legislative reforms, to ensure that the status and conditions of service of labour inspectors are duly provided for in law.

Article 7. Initial and subsequent training of labour inspectors. The Committee notes that the Government has not provided the requested information on the training provided to labour inspectors. It therefore once again requests the Government to provide information on the initial and subsequent training given to labour inspections (number of participants, subjects covered, frequency, duration, etc.).

Article 12(1)(a). Extent of the right of free entrance of labour inspectors to workplaces liable to inspection. The Committee previously noted that section 55 of the LPL provides that a “labour inspector may without previous notice at any time during working hours enter and inspect any workplace within the application of any provision of this Title or Title 18 …”. The Committee requested the Government to take appropriate measures to ensure, in accordance with the Convention, that labour inspectors are legally authorized to enter and inspect workplaces liable to inspection not only during working hours, but also “at any hour of the day or night”. It notes that the Committee has not provided any information on measures taken in this regard. The Committee requests the Government to provide information on any progress made, in the current legislative reforms, to bring the national legislation into conformity with the requirements in Article 12(1)(a).

Article 13(2). Power of labour inspectors in the event of danger to health and safety. Measures to be ordered with immediate executory force. The Committee previously noted that section 54(3) of the LPL provides that “[w]here a labour inspector becomes aware of any circumstance, condition, or practice which may impair the safety, health or welfare of the employees in a workplace under his jurisdiction, even though such circumstance, condition or practice is not illegal, he shall attempt to have the employer correct it and shall call it to the attention of his superior”. The Committee notes that the Government has not provided the requested clarification in relation to this provision. The Committee therefore once again requests the Government to clarify if the right given to labour inspectors to order corrective measures is subject to any right of appeal to a judicial or administrative authority which is provided by law. Moreover, the Committee once again requests the Government to provide the relevant legal provisions and clarify if the aforementioned right also authorizes labour inspectors “to make or to have made orders” requiring alterations to installations or plants, and if measures taken under these orders may have immediate executory force in the event of imminent danger to the health or safety of the workers.

Article 15(b). Extent of the obligation of secrecy aimed at protecting employers’ rights. The Committee previously noted that section 57(1), of the LPL provides that “[a] labour inspector is forbidden, even after termination of his services, to divulge, except as required by his duties, any information coming to his knowledge in the course of his employment”. In this respect, the Committee requested the Government to take appropriate measures to ensure that appropriate penalties or disciplinary measures are in place in case of the violation of the obligation of secrecy imposed on labour inspectors, as required under the Convention. In the absence of any reply in this regard, the Committee once again requests the Government to ensure that appropriate penalties or disciplinary measures are in place in case of the violation of such an obligation.

Articles 20 and 21. Annual reports on the activities of the labour inspection services. The Committee previously noted the Government’s indications that the statistics as required under Article 21(a)–(g) are included in the annual report of the Ministry of Labour. However, the Committee notes that this report has never been received by the Office. Moreover, the Committee notes that no annual report on the activities of the labour inspection services has been received by the Office since the ratification of the Convention in 2003. The Committee requests the Government to take measures to ensure that an annual report on the activities of the labour inspection services is established, published and communicated to the ILO, and that it contains the information required by Article 21(a)–(g). In any event, the Committee requests the Government to communicate, with its next report, statistics on the number of labour inspectors, the number and frequency of inspection visits carried out, and the number of workers covered by such visits. The Committee requests the Government to report on any concrete steps taken in this regard, and reminds it that it may avail itself of ILO technical assistance for the collection of statistics and the publication of annual labour inspection reports as provided for under the Convention.

Other information needed to assess the level of application of the Convention. In addition, the Committee once again requests the Government to provide information on the implementation in law and in practice of the following provisions of the Convention: Article 7(2) (ascertainment of the qualifications), Article 11(1)(b) and (2) (means of transport), and Article 12(1)(b) and (2) (power of labour inspectors).

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

The Committee notes with regret 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 comments.

Repetition

Part I of the report form. The Committee would be grateful if the Government would provide a copy of the Civil Service Act.

Article 2(2) of the Convention. Exemption of certain workplaces from the scope of the Convention. According to the Government, mining and transport undertakings “are generally not exempted” from the application of the Convention. The Committee would be grateful if the Government would indicate instances when such undertakings are exempted from the application of the Convention and the criteria used for their identification, and give information concerning the bodies empowered with labour inspection in such instances.

Article 3(2). Impact of additional duties on the performance of labour inspection functions. According to the Government, labour inspectors are charged to handle disputes under Chapter 21 of the Labour Practices Law (hereinafter LPL) (Conciliation of grievances) which is one of their primary duties under that chapter. The Committee would like to draw the Government’s attention to Article 3(1) of the Convention which enumerates the primary duties that labour inspectors should be entrusted with as: (a) to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work; (b) to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions; and (c) to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. Article 3(2) recommends that 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 or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. In addition, according to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), which contains guidance for the application of the Convention, the functions of labour inspectors should not include that of acting as conciliators or arbitrators in proceedings concerning labour disputes. The Committee asks the Government to indicate the measures taken to bring the legislation into conformity with the Convention in this regard by ensuring in particular that labour inspectors are progressively discharged of conciliatory functions, so that they can devote the work time to the performance of their primary inspection duties.

Article 6. Status and conditions of service of the inspection staff. According to the Government, given that the status and conditions of service of the inspection staff have no legal basis, due consideration will be taken into account during the review of the Labour Code. The Committee hopes that the amendments to be made to the Labour Code will reflect the principles enshrined in this core provision of the Convention and would be grateful if the Government would communicate as soon as possible a copy of the consolidated text.

Article 7. Initial and subsequent training of labour inspectors. According to the Government, the strategic plan of the Ministry of Labour requires the training of inspectors before employment and, besides, section 51, of the LPL entitles chief labour inspectors to identify training areas for labour inspectors and make necessary improvements so that the objectives of the inspectorate are realized. The Committee would be grateful if the Government would provide more information on the type and content of initial and subsequent training given to labour inspectors and the impact of such training on labour inspection activities.

Article 10. Numbers and qualifications of the labour inspection staff. The Committee would be grateful if the Government would provide information concerning the availability of the different categories of inspectors, including inspectors to whom special or technical functions have been assigned, and particulars of the geographical distribution of the inspection staff.

Article 12(1)(a). Extent of the right of free entrance of labour inspectors to workplaces liable to inspection. Section 55, of the LPL provides that a “labour inspector may without previous notice at any time during working hours enter and inspect any workplace within the application of any provision of this Title or Title 18 [of the LPL] …”. The Committee would like to draw the Government’s attention to paragraph 270 of the General Survey of 2006 on labour inspection which provides that “[t]he protection of workers and technical requirements of inspection should be the primordial criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped”. In the light of the aforesaid, the Committee asks the Government to take appropriate measures to ensure, in accordance with the Convention, that labour inspectors are legally authorized to enter and inspect workplaces liable to inspection not only during the working hours, but also “at any hour of the day or night”.

Article 13(2). Power of labour inspectors in the event of danger to health and safety. Measures to be ordered with immediate executory force. Section 54, paragraph 3, of the LPL provides that “[w]here a labour inspector becomes aware of any circumstance, condition, or practice which may impair the safety, health or welfare of the employees in a workplace under his jurisdiction, even though such circumstance, condition or practice is not illegal, he shall attempt to have the employer correct it and shall call it to the attention of his superior”. Moreover, paragraph 4 of the abovementioned provisions, of the LPL provides that “[a] labour inspector shall investigate serious industrial accidents and occurrences of occupational disease, as defined in Chapter 36 (of the LPL), of which they are notified or otherwise obtain knowledge in order that, if possible, the causes may be ascertained and precautions may be taken to prevent recurrence”. The Committee would be grateful if the Government would clarify if the right given to labour inspectors under section 54, paragraph 3, of the LPL is subject to any right of appeal to a judicial or administrative authority which is provided by law. Moreover, the Committee would be grateful if the Government would provide the relevant legal provisions and clarify if the aforementioned right also authorizes labour inspectors “to make or to have made orders” requiring alterations to installations or plants, and if measures taken under these orders may have immediate executory force in the event of imminent danger to the health or safety of the workers.

Article 15(b). Extent of the obligation of secrecy aimed at protecting employers’ rights. Section 57, paragraph 1, of the LPL provides that “[a] labour inspector is forbidden, even after termination of his services, to divulge, except as required by his duties, any information coming to his knowledge in the course of his employment”. With respect to the information obtained by labour inspectors in the course of their duties, the General Survey on labour inspection emphasizes the legitimate interests of employers by providing in paragraph 232 that such interests “have to be safeguarded by protection that is of a permanent nature” and further indicating that such obligation of secrecy maintained by labour inspectors shall continue “after they have left the service”. Moreover, in paragraph 234 it provides that “[t]he obligation of secrecy is frequently enforced through penalties”. The Committee would be grateful if the Government would take appropriate measures to ensure that the obligation of secrecy imposed on labour inspectors is of a permanent nature and that appropriate penalties or disciplinary measures are in place in case of the violation of such an obligation, as required under Article 15(b) of the Convention.

Article 17. Right of labour inspectors to freely opt for relevant action to be taken towards employers in violation of legal provisions. According to the Government, the application of this Article of the Convention is provided by section 56, of the LPL pursuant to which: “if the labour inspector finds the existence of violation of any of the provisions of this Title or Title 18 (of the LPL), he shall instruct the employer to cease such violation by a written notice specifying a reasonable period not less than three months and not more than six months for compliance. If the violation is continued after the time allowed for its correction in such notice, the labour inspector shall bring the matter before the Ministry of Labour … . If the violation involves danger to the lives or health of employees, the labour inspector may immediately bring it to the attention of the Ministry for its action”. The Committee would like to draw the Government’s attention to paragraph 282 of the abovementioned General Survey which provides that “violations may be the result of failure to understand the terms or scope of the applicable laws or regulations. Therefore, the labour inspectors must always have discretion to choose not to impose penalties as a means of enforcing legal provisions” and that to this end Article 17 of the Convention provides labour inspectors with the discretion of either giving warning or advice instead of instituting or recommending proceedings. Further, the same paragraph elaborates on the right of discretion of labour inspectors provided in Article 17 of the Convention by providing that “this discretion implies that inspection staff have the necessary capacity for judgment to be able to distinguish between serious or repeated wilful non-compliance, culpable negligence or flagrant ill will, which call for a penalty, and an involuntary or minor violation, which may lead to a mere warning”. In the light of the aforesaid, the Committee would be grateful if the Government would take the necessary measures to ensure that labour inspectors enjoy the right of giving warning and advice or instituting or recommending proceedings in cases of violation of the law, as provided in Article 17 of the Convention.

Articles 19, 20 and 21. Reporting obligations on the work of the labour inspection services. According to the Government, a routine inspection report was attached to its annual report under this Convention which the Committee has not received. Moreover, the Government indicated that an annual report on activities of the Inspectorate Division is submitted to the Assistant Minister for onward submission to the central authority, which is subsequently published in the annual report of the Ministry of Labour. The Committee would be grateful if the Government would communicate to the ILO a copy of the aforementioned reports. It also requests it to ensure that an annual report containing information on each of the matters listed in Article 21 is published and communicated to the ILO, according to the provisions of Article 20.

Other information needed to assess the level of application of the Convention. Finally, the Committee would also be grateful if the Government would provide information on the implementation in law and in practice of the following provisions of the Convention: Article 3(1)(b), Article 5(b), Article 7(2), Article 10(a–c), Article 11(1)(b) and (2), Article 12(1)(b) and (2), Article 13(3) and Parts III–VI of the report form.

Articles 4, 5 and 11. Placement of the labour inspection system under the supervision and control of a central authority. Effective collaboration between labour inspection services and other government services. Collaboration between labour inspectors and employers and workers or their organizations. The Committee notes from the Government’s report, that a decentralization plan is under way in collaboration with the Governance Commission and the Civil Service Agency to ensure that the inspectorate is strengthened throughout the country. It also recalls that the Ministry of Labour is the central authority, and that five labour inspection country offices were yet to be made operational due to budgetary constraints.

The Committee requests the Government to keep the Office informed of the implementation of the decentralization plan, and the manner in which it will contribute to the strengthening of the labour inspectorate throughout the country, at the decentralized level in particular. It moreover requests the Government to clarify its possible impact on the coordination role of the Ministry of Labour as a central authority.

Moreover, the Committee observes that an office was provided for a labour inspector by the Bureau of Immigration and Naturalization to serve as a liaison between the institutions, and that a National Tripartite Committee was established to coordinate activities among the Government, employers and workers.

The Committee would be grateful if the Government could elaborate on the role of this liaison office and specify the type of collaboration between the labour inspectorate and the Bureau of Immigration and Naturalization, and clarify as well if and in which manner the labour inspectorate is involved in the work of the National Tripartite Committee.

The Committee also requests the Government to provide relevant information as regards collaboration between the labour inspectorate and social partners. In this respect, the Committee draws the Government’s attention to Paragraphs 4, 6 and 7 of Recommendation No. 81.

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

Parts I and II of the report form. The Committee notes with regret that the Government’s report replies only partially to 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 particulars concerning the following points.

Part I of the report form. The Committee would be grateful if the Government would provide the ILO with a copy of the Civil Service Act.

Article 2(2) of the Convention. Exemption of certain workplaces from the scope of the Convention. According to the Government, mining and transport undertakings “are generally not exempted” from the application of the Convention. The Committee would be grateful if the Government would indicate instances when such undertakings are exempted from the application of the Convention and the criteria used for their identification, and give information concerning the bodies empowered with labour inspection in such instances.

Article 3(2). Impact of additional duties on the performance of labour inspection functions. According to the Government, labour inspectors are charged to handle disputes under Chapter 21 of the Labour Practices Law (hereinafter LPL) (Conciliation of grievances) which is one of their primary duties under that chapter. The Committee would like to draw the Government’s attention to Article 3(1) of the Convention which enumerates the primary duties that labour inspectors should be entrusted with as: (a) to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work; (b) to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions; and (c) to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. Article 3(2) recommends that 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 or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. In addition, according to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), which contains guidance for the application of the Convention, the functions of labour inspectors should not include that of acting as conciliators or arbitrators in proceedings concerning labour disputes. The Committee asks the Government to indicate the measures taken to bring the legislation into conformity with the Convention in this regard by ensuring in particular that labour inspectors are progressively discharged of conciliatory functions, so that they can devote the work time to the performance of their primary inspection duties.

Article 6. Status and conditions of service of the inspection staff. According to the Government, given that the status and conditions of service of the inspection staff have no legal basis, due consideration will be taken into account during the review of the Labour Code. The Committee hopes that the amendments to be made to the Labour Code will reflect the principles enshrined in this core provision of the Convention and would be grateful if the Government would communicate as soon as possible a copy of the consolidated text.

Article 7. Initial and subsequent training of labour inspectors. According to the Government, the strategic plan of the Ministry of Labour requires the training of inspectors before employment and, besides, section 51, of the LPL entitles chief labour inspectors to identify training areas for labour inspectors and make necessary improvements so that the objectives of the inspectorate are realized. The Committee would be grateful if the Government would provide more information on the type and content of initial and subsequent training given to labour inspectors and the impact of such training on labour inspection activities.

Article 10. Numbers and qualifications of the labour inspection staff. The Committee would be grateful if the Government would provide information concerning the availability of the different categories of inspectors, including inspectors to whom special or technical functions have been assigned, and particulars of the geographical distribution of the inspection staff.

Article 12(1)(a). Extent of the right of free entrance of labour inspectors to workplaces liable to inspection. Section 55, of the LPL provides that a “labour inspector may without previous notice at any time during working hours enter and inspect any workplace within the application of any provision of this Title or Title 18 [of the LPL] …”. The Committee would like to draw the Government’s attention to paragraph 270 of the General Survey of 2006 on labour inspection which provides that “[t]he protection of workers and technical requirements of inspection should be the primordial criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped”. In the light of the aforesaid, the Committee asks the Government to take appropriate measures to ensure, in accordance with the Convention, that labour inspectors are legally authorized to enter and inspect workplaces liable to inspection not only during the working hours, but also “at any hour of the day or night”.

Article 13(2). Power of labour inspectors in the event of danger to health and safety. Measures to be ordered with immediate executory force. Section 54, paragraph 3, of the LPL provides that “[w]here a labour inspector becomes aware of any circumstance, condition, or practice which may impair the safety, health or welfare of the employees in a workplace under his jurisdiction, even though such circumstance, condition or practice is not illegal, he shall attempt to have the employer correct it and shall call it to the attention of his superior”. Moreover, paragraph 4 of the abovementioned provisions, of the LPL provides that “[a] labour inspector shall investigate serious industrial accidents and occurrences of occupational disease, as defined in Chapter 36 (of the LPL), of which they are notified or otherwise obtain knowledge in order that, if possible, the causes may be ascertained and precautions may be taken to prevent recurrence”. The Committee would be grateful if the Government would clarify if the right given to labour inspectors under section 54, paragraph 3, of the LPL is subject to any right of appeal to a judicial or administrative authority which is provided by law. Moreover, the Committee would be grateful if the Government would provide the relevant legal provisions and clarify if the aforementioned right also authorizes labour inspectors “to make or to have made orders” requiring alterations to installations or plants, and if measures taken under these orders may have immediate executory force in the event of imminent danger to the health or safety of the workers.

Article 15(b). Extent of the obligation of secrecy aimed at protecting employers’ rights. Section 57, paragraph 1, of the LPL provides that “[a] labour inspector is forbidden, even after termination of his services, to divulge, except as required by his duties, any information coming to his knowledge in the course of his employment”. With respect to the information obtained by labour inspectors in the course of their duties, the General Survey on labour inspection emphasizes the legitimate interests of employers by providing in paragraph 232 that such interests “have to be safeguarded by protection that is of a permanent nature” and further indicating that such obligation of secrecy maintained by labour inspectors shall continue “after they have left the service”. Moreover, in paragraph 234 it provides that “[t]he obligation of secrecy is frequently enforced through penalties”. The Committee would be grateful if the Government would take appropriate measures to ensure that the obligation of secrecy imposed on labour inspectors is of a permanent nature and that appropriate penalties or disciplinary measures are in place in case of the violation of such an obligation, as required under Article 15(b) of the Convention.

Article 17. Right of labour inspectors to freely opt for relevant action to be taken towards employers in violation of legal provisions. According to the Government, the application of this Article of the Convention is provided by section 56, of the LPL pursuant to which: “if the labour inspector finds the existence of violation of any of the provisions of this Title or Title 18 (of the LPL), he shall instruct the employer to cease such violation by a written notice specifying a reasonable period not less than three months and not more than six months for compliance. If the violation is continued after the time allowed for its correction in such notice, the labour inspector shall bring the matter before the Ministry of Labour … . If the violation involves danger to the lives or health of employees, the labour inspector may immediately bring it to the attention of the Ministry for its action”. The Committee would like to draw the Government’s attention to paragraph 282 of the abovementioned General Survey which provides that “violations may be the result of failure to understand the terms or scope of the applicable laws or regulations. Therefore, the labour inspectors must always have discretion to choose not to impose penalties as a means of enforcing legal provisions” and that to this end Article 17 of the Convention provides labour inspectors with the discretion of either giving warning or advice instead of instituting or recommending proceedings. Further, the same paragraph elaborates on the right of discretion of labour inspectors provided in Article 17 of the Convention by providing that “this discretion implies that inspection staff have the necessary capacity for judgment to be able to distinguish between serious or repeated wilful non-compliance, culpable negligence or flagrant ill will, which call for a penalty, and an involuntary or minor violation, which may lead to a mere warning”. In the light of the aforesaid, the Committee would be grateful if the Government would take the necessary measures to ensure that labour inspectors enjoy the right of giving warning and advice or instituting or recommending proceedings in cases of violation of the law, as provided in Article 17 of the Convention.

Articles 19, 20 and 21. Reporting obligations on the work of the labour inspection services. According to the Government, a routine inspection report was attached to its annual report under this Convention which the Committee has not received. Moreover, the Government indicated that an annual report on activities of the Inspectorate Division is submitted to the Assistant Minister for onward submission to the central authority, which is subsequently published in the annual report of the Ministry of Labour. The Committee would be grateful if the Government would communicate to the ILO a copy of the aforementioned reports. It also requests it to ensure that an annual report containing information on each of the matters listed in Article 21 is published and communicated to the ILO, according to the provisions of Article 20.

Other information needed to assess the level of application of the Convention. Finally, the Committee would also be grateful if the Government would provide information on the implementation in law and in practice of the following provisions of the Convention: Article 3(1)(b), Article 5(b), Article 7(2), Article 10(a–c), Article 11(1)(b) and (2), Article 12(1)(b) and (2), Article 13(3) and Parts III–VI of the report form.

Articles 4, 5 and 11. Placement of the labour inspection system under the supervision and control of a central authority. Effective collaboration between labour inspection services and other government services. Collaboration between labour inspectors and employers and workers or their organizations. The Committee notes from the Government’s report, that a decentralization plan is under way in collaboration with the Governance Commission and the Civil Service Agency to ensure that the inspectorate is strengthened throughout the country. It also recalls that the Ministry of Labour is the central authority, and that five labour inspection country offices were yet to be made operational due to budgetary constraints.

The Committee requests the Government to keep the Office informed of the implementation of the decentralization plan, and the manner in which it will contribute to the strengthening of the labour inspectorate throughout the country, at the decentralized level in particular. It moreover requests the Government to clarify its possible impact on the coordination role of the Ministry of Labour as a central authority.

Moreover, the Committee observes that an office was provided for a labour inspector by the Bureau of Immigration and Naturalization to serve as a liaison between the institutions, and that a National Tripartite Committee was established to coordinate activities among the Government, employers and workers.

The Committee would be grateful if the Government could elaborate on the role of this liaison office and specify the type of collaboration between the labour inspectorate and the Bureau of Immigration and Naturalization, and clarify as well if and in which manner the labour inspectorate is involved in the work of the National Tripartite Committee.

The Committee also requests the Government to provide relevant information as regards collaboration between the labour inspectorate and social partners. In this respect, the Committee draws the Government’s attention to Paragraphs 4, 6 and 7 of Recommendation No. 81.

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 would be grateful if the Government would provide particulars concerning the following points.

Part I of the report form. The Committee would be grateful if the Government would provide the ILO with a copy of the Civil Service Act.

Article 2(2) of the Convention. Exemption of certain workplaces from the scope of the Convention. According to the Government, mining and transport undertakings “are generally not exempted” from the application of the Convention. The Committee would be grateful if the Government would indicate instances when such undertakings are exempted from the application of the Convention and the criteria used for their identification, and give information concerning the bodies empowered with labour inspection in such instances.

Article 3(2). Impact of additional duties on the performance of labour inspection functions. According to the Government, labour inspectors are charged to handle disputes under Chapter 21 of the Labour Practices Law (hereinafter LPL) (Conciliation of grievances) which is one of their primary duties under that chapter. The Committee would like to draw the Government’s attention to Article 3(1) of the Convention which enumerates the primary duties that labour inspectors should be entrusted with as: (a) to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work; (b) to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions; and (c) to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. Article 3(2) recommends that 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 or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. In addition, according to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), which contains guidance for the application of the Convention, the functions of labour inspectors should not include that of acting as conciliators or arbitrators in proceedings concerning labour disputes. The Committee asks the Government to indicate the measures taken to bring the legislation into conformity with the Convention in this regard by ensuring in particular that labour inspectors are progressively discharged of conciliatory functions, so that they can devote the work time to the performance of their primary inspection duties.

Article 5. (a) Effective cooperation between the labour inspection services and other bodies. Noting the succinct information provided under this provision, the Committee would like to draw the Government’s attention to paragraphs 150–162 of the General Survey of 2006 on labour inspection that gives examples of the types of cooperation that might be promoted to strengthen the functioning of the labour inspection system. The Committee hopes that the Government will make good use of such examples, that it will not fail to take measures to promote effective cooperation between the labour inspectorates and other governmental bodies and public and private institutions engaged in similar activities and requests the ILO to provide it with relevant information and documentation.

(b) Collaboration between labour inspectors and employers and workers or their organizations. Noting that the Government did not provide information on the manner in which effect is given to this provision, the Committee draws the Government’s attention to Paragraphs 4, 6 and 7 of Recommendation No. 81 and requests it to provide the relevant information.

Article 6. Status and conditions of service of the inspection staff. According to the Government, given that the status and conditions of service of the inspection staff have no legal basis, due consideration will be taken into account during the review of the Labour Code. The Committee hopes that the amendments to be made to the Labour Code will reflect the principles enshrined in this core provision of the Convention and would be grateful if the Government would communicate as soon as possible a copy of the consolidated text.

Article 7. Initial and subsequent training of labour inspectors. According to the Government, the strategic plan of the Ministry of Labour requires the training of inspectors before employment and, besides, section 51, of the LPL entitles chief labour inspectors to identify training areas for labour inspectors and make necessary improvements so that the objectives of the inspectorate are realized. The Committee would be grateful if the Government would provide more information on the type and content of initial and subsequent training given to labour inspectors and the impact of such training on labour inspection activities.

Article 10. Numbers and qualifications of the labour inspection staff. The Committee would be grateful if the Government would provide information concerning the availability of the different categories of inspectors, including inspectors to whom special or technical functions have been assigned, and particulars of the geographical distribution of the inspection staff.

Article 12(1)(a). Extent of the right of free entrance of labour inspectors to workplaces liable to inspection. Section 55, of the LPL provides that a “labour inspector may without previous notice at any time during working hours enter and inspect any workplace within the application of any provision of this Title or Title 18 [of the LPL] …”. The Committee would like to draw the Government’s attention to paragraph 270 of the General Survey of 2006 on labour inspection which provides that “[t]he protection of workers and technical requirements of inspection should be the primordial criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped”. In the light of the aforesaid, the Committee asks the Government to take appropriate measures to ensure, in accordance with the Convention, that labour inspectors are legally authorized to enter and inspect workplaces liable to inspection not only during the working hours, but also “at any hour of the day or night”.

Article 13(2). Power of labour inspectors in the event of danger to health and safety. Measures to be ordered with immediate executory force. Section 54, paragraph 3, of the LPL provides that “[w]here a labour inspector becomes aware of any circumstance, condition, or practice which may impair the safety, health or welfare of the employees in a workplace under his jurisdiction, even though such circumstance, condition or practice is not illegal, he shall attempt to have the employer correct it and shall call it to the attention of his superior”. Moreover, paragraph 4 of the abovementioned provisions, of the LPL provides that “[a] labour inspector shall investigate serious industrial accidents and occurrences of occupational disease, as defined in Chapter 36 (of the LPL), of which they are notified or otherwise obtain knowledge in order that, if possible, the causes may be ascertained and precautions may be taken to prevent recurrence”. The Committee would be grateful if the Government would clarify if the right given to labour inspectors under section 54, paragraph 3, of the LPL is subject to any right of appeal to a judicial or administrative authority which is provided by law. Moreover, the Committee would be grateful if the Government would provide the relevant legal provisions and clarify if the aforementioned right also authorizes labour inspectors “to make or to have made orders” requiring alterations to installations or plants, and if measures taken under these orders may have immediate executory force in the event of imminent danger to the health or safety of the workers.

Article 15(b). Extent of the obligation of secrecy aimed at protecting employers’ rights. Section 57, paragraph 1, of the LPL provides that “[a] labour inspector is forbidden, even after termination of his services, to divulge, except as required by his duties, any information coming to his knowledge in the course of his employment”. With respect to the information obtained by labour inspectors in the course of their duties, the General Survey on labour inspection emphasizes the legitimate interests of employers by providing in paragraph 232 that such interests “have to be safeguarded by protection that is of a permanent nature” and further indicating that such obligation of secrecy maintained by labour inspectors shall continue “after they have left the service”. Moreover, in paragraph 234 it provides that “[t]he obligation of secrecy is frequently enforced through penalties”. The Committee would be grateful if the Government would take appropriate measures to ensure that the obligation of secrecy imposed on labour inspectors is of a permanent nature and that appropriate penalties or disciplinary measures are in place in case of the violation of such an obligation, as required under Article 15(b) of the Convention.

Article 17. Right of labour inspectors to freely opt for relevant action to be taken towards employers in violation of legal provisions. According to the Government, the application of this Article of the Convention is provided by section 56, of the LPL pursuant to which: “if the labour inspector finds the existence of violation of any of the provisions of this Title or Title 18 (of the LPL), he shall instruct the employer to cease such violation by a written notice specifying a reasonable period not less than three months and not more than six months for compliance. If the violation is continued after the time allowed for its correction in such notice, the labour inspector shall bring the matter before the Ministry of Labour … . If the violation involves danger to the lives or health of employees, the labour inspector may immediately bring it to the attention of the Ministry for its action”. The Committee would like to draw the Government’s attention to paragraph 282 of the abovementioned General Survey which provides that “violations may be the result of failure to understand the terms or scope of the applicable laws or regulations. Therefore, the labour inspectors must always have discretion to choose not to impose penalties as a means of enforcing legal provisions” and that to this end Article 17 of the Convention provides labour inspectors with the discretion of either giving warning or advice instead of instituting or recommending proceedings. Further, the same paragraph elaborates on the right of discretion of labour inspectors provided in Article 17 of the Convention by providing that “this discretion implies that inspection staff have the necessary capacity for judgement to be able to distinguish between serious or repeated wilful non-compliance, culpable negligence or flagrant ill will, which call for a penalty, and an involuntary or minor violation, which may lead to a mere warning”. In the light of the aforesaid, the Committee would be grateful if the Government would take the necessary measures to ensure that labour inspectors enjoy the right of giving warning and advice or instituting or recommending proceedings in cases of violation of the law, as provided in Article 17 of the Convention.

Articles 19, 20 and 21. Reporting obligations on the work of the labour inspection services. According to the Government, a routine inspection report was attached to its annual report under this Convention which the Committee has not received. Moreover, the Government indicated that an annual report on activities of the Inspectorate Division is submitted to the Assistant Minister for onward submission to the central authority, which is subsequently published in the annual report of the Ministry of Labour. The Committee would be grateful if the Government would communicate to the ILO a copy of the aforementioned reports. It also requests it to ensure that an annual report containing information on each of the matters listed in Article 21 is published and communicated to the ILO, according to the provisions of Article 20.

Other information needed to assess the level of application of the Convention. Finally, the Committee would also be grateful if the Government would provide information on the implementation in law and in practice of the following provisions of the Convention: Article 3(1)(b), Article 5(b), Article 7(2), Article 10(a–c), Article 11(1)(b) and (2), Article 12(1)(b) and (2), Article 13(3) and Parts III–VI of the report form.

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

The Committee notes the Government’s first report received on 29 May 2009 and would be grateful if the Government would provide particulars concerning the following points.

Part I of the report form. The Committee would be grateful if the Government would provide the ILO with a copy of the Civil Service Act.

Article 2, paragraph 2, of the Convention. Exemption of certain workplaces from the scope of the Convention. According to the Government, mining and transport undertakings “are generally not exempted” from the application of the Convention. The Committee would be grateful if the Government would indicate instances when such undertakings are exempted from the application of the Convention and the criteria used for their identification, and give information concerning the bodies empowered with labour inspection in such instances.

Article 3, paragraph 2. Impact of additional duties on the performance of labour inspection functions. According to the Government, labour inspectors are charged to handle disputes under Chapter 21 of the Labour Practices Law (hereinafter LPL) (Conciliation of grievances) which is one of their primary duties under that chapter. The Committee would like to draw the Government’s attention to Article 3(1) of the Convention which enumerates the primary duties that labour inspectors should be entrusted with as: (a) to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work; (b) to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions; and (c) to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. Article 3(2) recommends that 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 or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. In addition, according to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), which contains guidance for the application of the Convention, the functions of labour inspectors should not include that of acting as conciliators or arbitrators in proceedings concerning labour disputes. The Committee asks the Government to indicate the measures taken to bring the legislation into conformity with the Convention in this regard by ensuring in particular that labour inspectors are progressively discharged of conciliatory functions, so that they can devote the work time to the performance of their primary inspection duties.

Article 5. (a) Effective cooperation between the labour inspection services and other bodies. Noting the succinct information provided under this
provision, the Committee would like to draw the Government’s attention to
paragraphs 150–162 of the General Survey of 2006 on labour inspection that gives examples of the types of cooperation that might be promoted to strengthen the functioning of the labour inspection system. The Committee hopes that the Government will make good use of such examples, that it will not fail to take measures to promote effective cooperation between the labour inspectorates and other governmental bodies and public and private institutions engaged in similar activities and requests the ILO to provide it with relevant information and documentation.

(b) Collaboration between labour inspectors and employers and workers or their organizations. Noting that the Government did not provide information on the manner in which effect is given to this provision, the Committee draws the Government’s attention to Paragraphs 4, 6 and 7 of Recommendation No. 81 and requests it to provide the relevant information.

Article 6. Status and conditions of service of the inspection staff. According to the Government, given that the status and conditions of service of the inspection staff have no legal basis, due consideration will be taken into account during the review of the Labour Code. The Committee hopes that the amendments to be made to the Labour Code will reflect the principles enshrined in this core provision of the Convention and would be grateful if the Government would communicate as soon as possible a copy of the consolidated text.

Article 7. Initial and subsequent training of labour inspectors. According to the Government, the strategic plan of the Ministry of Labour requires the training of inspectors before employment and, besides, section 51, of the LPL entitles chief labour inspectors to identify training areas for labour inspectors and make necessary improvements so that the objectives of the inspectorate are realized. The Committee would be grateful if the Government would provide more information on the type and content of initial and subsequent training given to labour inspectors and the impact of such training on labour inspection activities.

Article 10. Numbers and qualifications of the labour inspection staff. The Committee would be grateful if the Government would provide information concerning the availability of the different categories of inspectors, including inspectors to whom special or technical functions have been assigned, and particulars of the geographical distribution of the inspection staff.

Article 12, paragraph 1(a). Extent of the right of free entrance of labour inspectors to workplaces liable to inspection. Section 55, of the LPL provides that a “labour inspector may without previous notice at any time during working hours enter and inspect any workplace within the application of any provision of this Title or Title 18 [of the LPL] …”. The Committee would like to draw the Government’s attention to paragraph 270 of the General Survey of 2006 on labour inspection which provides that “[t]he protection of workers and technical requirements of inspection should be the primordial criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped”. In the light of the aforesaid, the Committee asks the Government to take appropriate measures to ensure, in accordance with the Convention, that labour inspectors are legally authorized to enter and inspect workplaces liable to inspection not only during the working hours, but also “at any hour of the day or night”.

Article 13, paragraph 2. Power of labour inspectors in the event of danger to health and safety. Measures to be ordered with immediate executory force. Section 54, paragraph 3, of the LPL provides that “[w]here a labour inspector becomes aware of any circumstance, condition, or practice which may impair the safety, health or welfare of the employees in a workplace under his jurisdiction, even though such circumstance, condition or practice is not illegal, he shall attempt to have the employer correct it and shall call it to the attention of his superior”. Moreover, paragraph 4 of the abovementioned provisions, of the LPL provides that “[a] labour inspector shall investigate serious industrial accidents and occurrences of occupational disease, as defined in Chapter 36 (of the LPL), of which they are notified or otherwise obtain knowledge in order that, if possible, the causes may be ascertained and precautions may be taken to prevent recurrence”. The Committee would be grateful if the Government would clarify if the right given to labour inspectors under section 54, paragraph 3, of the LPL is subject to any right of appeal to a judicial or administrative authority which is provided by law. Moreover, the Committee would be grateful if the Government would provide the relevant legal provisions and clarify if the aforementioned right also authorizes labour inspectors “to make or to have made orders” requiring alterations to installations or plants, and if measures taken under these orders may have immediate executory force in the event of imminent danger to the health or safety of the workers.

Article 15, paragraph (b). Extent of the obligation of secrecy aimed at protecting employers’ rights. Section 57, paragraph 1, of the LPL provides that “[a] labour inspector is forbidden, even after termination of his services, to divulge, except as required by his duties, any information coming to his knowledge in the course of his employment”. With respect to the information obtained by labour inspectors in the course of their duties, the General Survey on labour inspection emphasizes the legitimate interests of employers by providing in paragraph 232 that such interests “have to be safeguarded by protection that is of a permanent nature” and further indicating that such obligation of secrecy maintained by labour inspectors shall continue “after they have left the service”. Moreover, in paragraph 234 it provides that “[t]he obligation of secrecy is frequently enforced through penalties”. The Committee would be grateful if the Government would take appropriate measures to ensure that the obligation of secrecy imposed on labour inspectors is of a permanent nature and that appropriate penalties or disciplinary measures are in place in case of the violation of such an obligation, as required under Article 15(b) of the Convention.

Article 17. Right of labour inspectors to freely opt for relevant action to be taken towards employers in violation of legal provisions. According to the Government, the application of this Article of the Convention is provided by section 56, of the LPL pursuant to which:

“[i]f the labour inspector finds the existence of violation of any of the provisions of this Title or Title 18 (of the LPL), he shall instruct the employer to cease such violation by a written notice specifying a reasonable period not less than three months and not more than six months for compliance. If the violation is continued after the time allowed for its correction in such notice, the labour inspector shall bring the matter before the Ministry of Labour … . If the violation involves danger to the lives or health of employees, the labour inspector may immediately bring it to the attention of the Ministry for its action”.

The Committee would like to draw the Government’s attention to paragraph 282 of the abovementioned General Survey which provides that “[v]iolations may be the result of failure to understand the terms or scope of the applicable laws or regulations. Therefore, the labour inspectors must always have discretion to choose not to impose penalties as a means of enforcing legal provisions” and that to this end Article 17 of the Convention provides labour inspectors with the discretion of either giving warning or advice instead of instituting or recommending proceedings. Further, the same paragraph elaborates on the right of discretion of labour inspectors provided in Article 17 of the Convention by providing that “[t]his discretion implies that inspection staff have the necessary capacity for judgement to be able to distinguish between serious or repeated wilful non-compliance, culpable negligence or flagrant ill will, which call for a penalty, and an involuntary or minor violation, which may lead to a mere warning”. In the light of the aforesaid, the Committee would be grateful if the Government would take the necessary measures to ensure that labour inspectors enjoy the right of giving warning and advice or instituting or recommending proceedings in cases of violation of the law, as provided in Article 17 of the Convention.

Articles 19, 20 and 21. Reporting obligations on the work of the labour inspection services. According to the Government, a routine inspection report was attached to its annual report under this Convention which the Committee has not received. Moreover, the Government indicated that an annual report on activities of the Inspectorate Division is submitted to the Assistant Minister for onward submission to the central authority, which is subsequently published in the annual report of the Ministry of Labour. The Committee would be grateful if the Government would communicate to the ILO a copy of the aforementioned reports. It also requests it to ensure that an annual report containing information on each of the matters listed in Article 21 is published and communicated to the ILO, according to the provisions of Article 20.

Other information needed to assess the level of application of the Convention. Finally, the Committee would also be grateful if the Government would provide information on the implementation in law and in practice of the following provisions of the Convention: Article 3(1)(b), Article 5(b), Article 7(2), Article 10(a–c), Article 11(1)(b) and (2), Article 12(1)(b) and (2), Article 13(3) and Parts III–VI of the report form.