Labour Inspection Convention, 1947 (No. 81) - Armenia (Ratification: 2004)

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

Previous comment

The Committee notes the observations from the Confederation of Trade Unions of Armenia (CTUA) of 2022 communicated with the Government’s report.

Article 3(1) of the Convention. Activities of the labour inspectorate in the area of undeclared work. The Committee notes the Government’s indication in its report that section 11(10)(k) of the Health and Labour Inspection Body (HLIB) Statute empowers HLIB to implement control over maintaining the procedure for concluding and terminating labour contracts; detecting cases of hiring without an individual legal act or a written labour contract (illegal labour); maintaining the adequate duration of working and rest hours; and the calculation and payment of wages. While taking note of these labour inspection functions, the Committee once again requests the Government to provide information on the number of cases of undeclared work discovered by labour inspectors and to specify the number of cases of undeclared workers who effectively succeeded in obtaining their rights, including settlement of unpaid wages, social security coverage and the drawing up of an employment contract.

Articles 4, 10 and 11. Reform of the labour inspectorate. Human and material resources available to the labour inspection services. Further to its previous comments, the Committee notes the adoption of the Republic of Armenia (RA) Law “On State Government System Bodies” of 23 March 2018, which establishes the HLIB operating under the Government. The HLIB is the body authorized to perform the functions of state supervision and control of compliance with labour legislation, including occupational safety and health (OSH). The Committee notes that section 27 of HLIB’s Statute provides for its structural division with 9 units, including Labour Legislation Control Department. The Committee also notes the Government’s indication that the number of HLIB’s staff positions was increased by 60 (from 280 to 340) by the Decree of the Prime Minister of the Republic of Armenia No. 808-A of 16 July 2020. The Committee requests the Government to indicate whether all labour inspectors previously employed by the State Labour Inspectorate and State Health Inspectorate have been transferred to the HLIB. The Committee further requests the Government to provide detailed information on the budgetary, human and material resources at the disposal of the HLIB, including comparative information on the actual remuneration scale of labour inspectors in relation to other comparable categories of Government employees exercising similar functions, such as tax inspectors or police officers.

Articles 5(a), 17 and 18. Cooperation between the labour inspectorate and the judicial bodies and penalties imposed on the perpetrators of violations. Further to its previous comment, the Committee notes the Government’s reference to section 6(1)(2) of the RA Law “On Inspection Bodies”, which provides for powers to enforce liability measures for violation of the legislation, and section 41 of the Code of Administrative Offences, which stipulates the scope of liability measures for violation of labour legislation. The Committee also notes the Government’s indication that by virtue of the Civil Procedure Code, adopted in 2018, the cases of individual labour disputes must be considered and resolved within three months after acceptance for court proceedings. The Government also indicates that the public information system “Data Lex” enables members of the public to obtain information about the judicial proceedings and case outcomes in real time. The Committee notes that the HLIB annual report includes information on the number of violations detected and the number of fines imposed and collected for labour law infringements. However, the Committee notes that the Government report and the HLIB annual report do not include information on the number of cases referred to the judiciary by labour inspectors and the outcome of those cases. Therefore, the Committee requests that the Government provide information on the number of violation notices transmitted to judicial authorities and the action taken as a result, including the penalties imposed. The Committee also requests the Government to indicate the practical measures taken or contemplated to develop effective cooperation between the labour inspectorate and the judicial bodies, such as training activities, courts’ reliance on or reference to labour inspectors’ expertise, inspectorates’ guidance promulgated with regard to interpretation of relevant legal texts, etc.

Article 5(b). Collaboration between labour inspectors and employers and workers or their organizations. The Committee notes the Government’s indication that one of HLIB’s functions includes informing and consulting workers, employers and their representatives on OSH, employment relationship and compliance with law. The Government indicates that the inspection authority held consultations with the Republican Tripartite Committee, in line with the action plan implementing the 2015 Republican Collective Contract, including on joint actions with social partners aimed at the improvement of the inspectorate functions. The Committee notes from the CTUA’s observations that by virtue of the Law “On Inspection Bodies”, the Governing Council of the Inspection Body is composed of representatives of state government bodies, public and scientific organizations, but not of workers’ and employers’ representatives. The Committee requests the Government to continue to provide information on any measures taken or envisaged to enhance collaboration between the labour inspection services and social partners. The Committee further requests the Government to provide its comments with respect to the CTUA’s observations regarding membership of the Governing Council.

Article 7. Recruitment and training of labour inspectors. The Committee notes the Government’s indication, in reply to its previous request, that HLIB’s employees are civil servants within the meaning of the Law “On Civil Service”, which regulates procedures for conducting competition, evaluation of performance abilities and trainings. The Government further indicates that issues related to the training and number of inspectors must be considered in the context of further reforms of institutional, functional and juridical spheres. The Committee requests the Government to provide information on the recruitment process, the qualifications required for labour inspectors and the nature of training they receive for this purpose, such as initial training, in-service training and training in some specific subjects, as well as plans for continuous training of labour inspectors, if any.

Articles 19, 20 and 21. Annual report on the work of the labour inspectorate. Following its previous comments, the Committee notes the Government’s indication that according to section 15 of the Law “On Inspection Bodies”, after submission of the annual report to the Prime Minister for discussion by the Government, the inspection report is then published online. The Committee notes with interest that the annual report of the HLIB is available on its website. The Committee notes that, however, the report does not contain information on: (i) statistics on the number of inspectors (Article 21(b)); (ii) statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); (iii) statistics of industrial accidents (Article 21(f)); and (iv) statistics of occupational diseases (Article 21(g)).The Committee requests the Government to continue its efforts to publish labour inspection reports and to take the necessary measures to ensure that they cover all the subjects listed in Article 21(a)–(g) of the Convention.

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

Previous comment

The Committee notes the observations from the Confederation of Trade Unions of Armenia (CTUA) communicated with the Government’s reports.

Articles 3, 4, 7, 9, 12, 13, 16 and 17 of the Convention. Moratorium on labour inspections. The Committee notes that the moratorium on inspections expired on 1 January 2018. Taking due note of this information , the Committee expects that no moratorium on inspections will be placed in the future. Therefore, it requests the Government to provide detailed statistics on the number of inspection visits undertaken by the Health and Labour Inspection Body (HLIB).

Article 3(2). Additional duties of labour inspectors. The Committee notes the Government’s indication that the amendments to the Labour Code introduced by the Law N HO-265-N of 4 December 2019, which entered into force on 1 July 2021, provide that labour inspectors are empowered to control compliance with labour legislation and collective agreements and can apply enforcement measures in cases stipulated by law. The Government further indicates that the amended section 230 of the Code on Administrative Offenses, which came into force on 1 July 2021, grants to the HLIB the authority to handle cases regarding administrative offences for violating the requirements of the labour legislation.

The Committee also notes the Government’s indication about the amendments to HLIB’s Statute by Prime-Minister’s Decision N 768-L of 3 July 2020 and Decision No. 781-L of 23 July 2021. The Committee notes that section 11 of HLIB’s Statute enlists HLIB’s supervisory powers on a number of areas, including labour and OSH legislation. The Committee notes that other areas under HLIB’s supervision refer to matters unrelated to conditions of work and protection of workers (such as supervision over circulation of medicine; donation of human blood and its components and transfusion; human reproductive health and reproductive rights; psychiatric care, among others). The Committee recalls that according to Article 3(1) of the Convention, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work and that according to Article 3(2), any further duties which may be entrusted to them must not be such as to interfere with the discharge of their primary duties.

Noting that the tasks assigned to the HLIB include a number of substantial functions in addition to the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, the Committee requests the Government to take measures in law and practice to ensure that, in accordance with Article 3(2) of the Convention, additional functions entrusted to labour inspectors do not interfere with the effective discharge of their primary duties and to provide specific information on all progress thereon.

Articles 12 and 16. Free access of inspectors to workplaces without previous notice. Inspections as often and as thoroughly as necessary. The Committee notes the Government’s indication that section 7 of the Law “On Organization and Conduct of Inspections in the Republic of Armenia (RA)” provides for inspectors’ powers, while section 8(1) stipulates inspectors’ duties. However, the Committee notes that the Law does not provide for the right of labour inspectors to enter any workplace liable to inspection without previous notice at any hour of the day or night, as stipulated in Article 12(1)(a) of the Convention.

In addition, the Committee notes that section 3(2) of the same Law obliges inspection authorities, prior to inspection visits, to issue an order for inspection specifying, among others, the body conducting the inspection, full name of the commercial entity under inspection, name, surname of the official(s) conducting the inspection, scope of issues, period under review, purpose, inspection term, and legal basis for the inspection. The Committee notes the general requirement for the inspection authority to submit to the employer the order for inspection at least three working days in advance of the inspection (section 3(3)). The Committee also notes CTUA’s observations according to which the procedure for conducting inspections, as established by the legislation, is not in line with the requirements of Article 12(1) of the Convention.

The Committee recalls that Article 12(1)(a) provides that labour inspectors shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. In addition, Article12(2) provides that labour inspectors shall have the right to decide not to inform the employer or their representatives of their presence on the occasion of an inspection visit when they consider that such a notification may be prejudicial to the performance of their duties.

The Committee also notes the Government’s indication that the inspection body undertakes inspection based on an annual plan, which is presented by the Head of the inspection body, approved by the Governing Council of the inspection body and published on HLIB’s webpage, or alternatively in case of necessity. The Committee notes the Government’s reference to section 4(3) of the Law on Organization and Conduct of Inspections, which limits frequency of labour inspection visits in workplaces in accordance with risk categorization, such as high risk (inspections not more than once in a year), medium risk (inspections not more than once in three years) and low risk (inspections not more than once in five years). The Government indicates that public complaints about business entities are used in the risk-based gradation and that inspections in case of necessity, outside the annual plan, are undertaken in view of a high level of risk, or in case of multiple complaints about the same business entity in a short period of time. Noting the Government’s explanation about the possibility to modify the annual plan, the Committee once again expresses the view that limiting the number of inspection visits to a specific number for a certain time period raises obstacles to the effective performance of labour inspection functions.

Furthermore, the Committee notes that section 4(1) and (2) of the same Law limits the duration of an inspection visit to up to 15 consecutive working days per year, which can be extended up to the total duration of actual inspection of 30 working days upon a written justification. The Committee further observes that section 5 allows repeated inspections only in exceptional cases, such as following an instruction of the Prime Minister or within a criminal procedure. The Committee recalls that, according to Article 16, labour inspectors shall undertake inspections as often and as thoroughly as is necessary to ensure the effective application of relevant legal provisions. Noting with serious concern the extent of limitations imposed on the authority and powers of labour inspectors, the Committee requests the Government to take the necessary measures to ensure that labour inspectors provided with proper credentials are empowered to enter freely any workplace liable to inspection without previous notice and to conduct inspections as often and as thoroughly as necessary. The Committee also requests the Government to provide information on the number of announced and unannounced inspections conducted by labour inspectors as well as the number and nature of inspections conducted outside the scope of the annual plan. The Committee further requests the Government to provide its comments in respect of CTUA’s observations.

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

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

Article 3(1) and (2) of the Convention. Activities of the labour inspectorate in the area of undeclared work. In its previous comment, the Committee noted the observations made by the Republican Union of Employers of Armenia (RUEA) in 2011, that the number of inspections had halved, but revealed that cases of undeclared work had doubled, and that during 2009–11, almost 2,650 cases of undeclared work were discovered. Since the Government has not provided a reply in relation to this request, the Committee once again requests the Government to provide information on the overall number of inspections undertaken as well as the number of cases of undeclared work discovered. The Committee also once again requests the Government to specify the measures ordered by the labour inspectorate when cases of undeclared work are discovered and the impact of these measures on the principal objective of the labour inspectorate under the Convention, which is the enforcement of legal provisions relating to conditions of work and the protection of workers while engaged in their work.

Articles 5(a), 17 and 18. Cooperation between the labour inspectorate and the judicial bodies and penalties imposed on the perpetrators of violations. The Committee notes the information supplied by the Government in its report in reply to its previous request concerning the number of judicial proceedings, the outcome of these proceedings and the average time spent between imposing the fine and its payment, which according to the Government, may take a few years where court decisions are appealed. The Committee requests the Government to provide an explanation for the low number of judicial proceedings undertaken during the reporting period. Since the Government has not provided this information, the Committee also once again requests the Government to provide information on the mechanisms in place to enhance cooperation between the labour inspectorate and the judicial bodies (the organization of trainings, the establishment of a register of judicial decisions allowing labour inspectors to learn about the outcome of proceedings initiated, etc.).

Article 5(b). Collaboration between labour inspectors and employers and workers or their organizations. The Committee notes the information provided by the Government regarding the number of consultations with the social partners held during seminars in 2014. However, since the Government has not provided information on the frequency of meetings held with social partners nor the subjects covered by such meetings, the Committee once again requests the Government to provide this information.

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

The Committee notes the observations made by the Confederation of Trade Unions of Armenia (CTUA) and the observations of the Republican Union of Employers of Armenia (RUEA), both received on 30 September 2015.

Articles 3, 4, 5, 6, 7, 9, 12, 13, 15, 16, 17 and 18 of the Convention. Reform of the labour inspection system and effective exercise of labour inspection functions following the reorganization of the labour inspection services. In its previous comment, the Committee noted that during the ongoing labour inspection reforms up until 2011, planned inspections had been temporarily suspended. The Committee further noted the Government’s indication that, following legal amendments in 2011, limitations on the number of labour inspection visits were introduced, in that: (i) inspection visits in workplaces categorized as high-risk would not be conducted more than once a year; (ii) inspection visits in workplaces categorized as medium risk would not be carried out more than every three years; and (iii) inspection visits in workplaces categorized as low-risk labour inspections would not be carried out more than every five years. In this respect, the Committee expressed the view that limiting the number of inspection visits to a specific number for a certain time period raises obstacles to the effective performance of labour inspection functions.

In reply to its request for further information on the labour inspection reform, the Committee notes the Government’s indication in its report that the reform of the labour inspection system is ongoing. In this respect, the Committee refers to the recent merger of the State Labour Inspectorate and the State Sanitary and Epidemiological Inspection, as “State Health Inspectorate” under the Ministry of Healthcare, Decree No. 857 of 2013, as amended. In this context, the Committee also notes that Annex II of Decision No. 857 provides for the structural organization of the State Health Inspectorate with ten divisions, including one occupational safety control division and one labour legislation control division; and that section 8 of Decision No. 857 enumerates the various functions of the State Health Inspectorate, including the exercise of state hygiene and anti epidemic control functions. The Committee notes that the CTUA expresses concern that Decree No. 857 on the reorganizing of the labour inspectorate as a part of the Ministry of Health does not meet the requirements of Article 4 of the Convention (organization of the labour inspection services under the control and supervision of a central authority) and Article 9 of the Convention (association of duly qualified technical experts and specialists in the work of the labour inspectorate). The RUEA, for its part, observes that the reorganization and the repealing of Decree No. 1146 of 2004, which established the State Labour Inspectorate within the Ministry of Labour and Social Affairs, were adopted without preliminary discussions with the social partners. The RUEA also states that the State Health Inspectorate does not contribute to the application of the legal provisions concerning labour conditions or pursue the objective of defending workers’ rights and that, as a result of these changes, the State Labour Inspectorate had not carried out any activities for almost two years. The RUEA also raises concerns related to article 19 of Law No. 254 of 2014 on Inspection Bodies providing that three years after the entry into force of this Law (that is, 27 December 2014), there will be a need to create a new inspectorate because the State Health Inspectorate of the Ministry of Health will terminate its activity.

In relation to the ongoing reform of the labour inspectorate, the Committee would like to emphasize that, whatever the form of organization or the mode of operation of the labour inspectorate, it is important that the labour inspection system functions effectively and that the principles of the Convention are respected. In this regard, it would like to recall, in particular, that Articles 4 and 5(a) of the Convention provide that the inspection system shall be placed under the supervision and control of a central authority and appropriate arrangements shall be made to promote effective cooperation with other control bodies. Furthermore, the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of government and of improper external influences (Article 6); labour inspectors shall be recruited with sole regard to their qualifications and adequately trained to dispose of relevant capacities for the performance of their duties (Article 7); each Member shall take the necessary measures to ensure that duly qualified technical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, are involved in the work of inspection (Article 9); and the number, extent and quality of inspectors and inspections and the allocation of financial means (Articles 10, 11 and 16) shall be such as to ensure the effective application of the relevant legal provisions. Moreover, labour inspectors must be provided with the rights and powers provided by the Convention (Articles 12, 13 and 17) and must be bound by the obligations provided for in it (Article 15). According to Article 3(1) and (2), the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties.

Noting with concern the observations made by the RUEA on the absence of any labour inspection activity for almost two years, the Committee requests that the Government provide its comments in this respect. The Committee also requests that the Government provide detailed statistics on the number of labour inspection visits carried out since the delegation of functions to the State Health Inspectorate and the number of workplaces and workers covered by these visits in the different sectors (Article 16).

The Committee also requests that the Government reply to the concerns raised by the CTUA, and requests information on how the principles of the Convention are given effect to in the reorganized system. In this respect, it requests specific information on the delegation of supervision and control functions to a central authority for labour inspection functions (Article 4), as well as the budgetary and human resources allocated for labour inspection purposes (Articles 10 and 11). The Committee also requests clarification on whether all labour inspectors previously employed by the State Labour Inspectorate have been transferred to the newly created State Health Inspectorate, and whether inspectors assuming labour inspection functions have the necessary qualifications to carry out these duties and the nature of the training they receive for this purpose (Article 7). Noting that the functions relating to the control of working conditions and occupational safety and health are only two of the ten functions entrusted to the State Health Inspectorate, the Committee also requests that the Government specify how it ensures that the other functions entrusted to the State Health Inspectorate do not have a negative effect on the effective discharge of the labour inspectors’ primary duties (Article 3(2)).

In view of the termination of the activity of the State Health Inspectorate in December 2017 in accordance with article 19 of the Law on Inspection Bodies (that is, three years after the entry into force of the Law), the Committee finally requests that the Government provide information on the proposed organization of the labour inspection services after that date. In this regard, the Committee strongly encourages the Government to ensure that any amendments to the national legal framework and practice concerning the organization of the labour inspection services do not introduce restrictions and limitations to labour inspection, and give effect to all the principles of the Convention.

Articles 19, 20 and 21. Annual reports on the work of the labour inspectorate. The Committee notes that, once again, no annual report containing the type of data and statistics set out in Article 21 of the Convention, was submitted to the Office. The Committee nevertheless notes the information provided by the Government that clause 8(10)(s) of Decree No. 857-N provides that the labour inspectorate must draw up annual reports on its performance and present it to the Ministry of Healthcare. The Committee also notes the Government’s indication that the report was presented to the RUEA and the CTUA for their opinions. The Committee once again urges the Government to take all necessary measures to ensure the preparation and publication by the central labour inspection authority of an annual report containing all the information required under Article 21 of the Convention and to communicate any progress made in this regard.

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

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

Articles 5(a), 17 and 18 of the Convention. Cooperation between the labour inspectorate and the judicial bodies and penalties imposed on the perpetrators of violations. The Committee notes from the Government’s report that the State Labour Inspectorate is bound to appeal to the Administrative Court in order to collect administrative fines imposed in relation to labour law violations. It also notes that the State Labour Inspectorate is represented as a third party in civil procedure, while the claim has to be lodged by the interested party itself. However, the Committee observes that the Government did not supply information as to measures taken to enhance the effective cooperation between the labour inspection system and the judicial system, such as through the adoption of legislative provisions and the establishment of educational and informative exchanges.

The Committee would be grateful if the Government would elaborate on the manner and extent of cooperation between the labour inspectorate and the public prosecution service in case of labour violations that also constitute criminal violations, such as in the case of fatal industrial accidents. Moreover, it requests data from the Government on the number of prosecutions launched in relation to labour law infringements and the proportion of fines that had to be collected by appeal to the Administrative Court, in addition to the average time spent between imposing the fine and its payment.

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

The Committee notes the comments by the Republican Union of Employers of Armenia (RUEA) and the Confederation of Trade Unions of Armenia (CTUA), forwarded with the Government reports dated 28 October 2011 and 4 October 2012. The employers’ comments are discussed below in relation to Articles 16 and 18 of the Convention.

Legislation. The Committee notes with regret that the documents requested in previous comments have still not been submitted to the ILO, thus preventing it from carrying out a first assessment of the application of the Convention. The Committee requests the Government to provide the following texts as soon as possible:

• -The Administrative Infringements Code of 6 December 1985.
• -The Act of 17 May 2000 on the Organization and Conduct of Inspections, as amended on 23 June 2011.
• -The Act of 13 December 2004 on Administrative Conduct and Principles.
• -Government Decision No. 1146-N of 29 August 2004 establishing the State Labour Inspectorate within the Ministry of Labour and Social Affairs, confirming the statutes of the State Labour Inspectorate and amending previous Government Decision (14 November 2002) No. 1821-N.
• -Government Decision No. 1893-N of 6 October 2005 on the provision of information to the State Labour Inspectorate.
• -Government Decision No. 1698-N of 2 December 2010 repealing Government Decision No. 2301-N of 6 October 2005 adopting the procedure for the submission of quarterly reports by employers to the State Labour Inspectorate.
• -Government Decision No. 115-N of 17 September 2009 on the reform of the labour inspection system.
• -Government Decision No. 876-N of 16 June 2006 establishing the form, use and procedure for issuing a copy of a workbook.
• -Government Decision No. 1882-N of 20 October 2005 on the procedure for publication, accounting, conservation and archiving of the employer’s internal and private legal documents.
• -The Public Service Act.
• -Any further law which might have been adopted within the Labour Inspection Reform, and which applies the provision of the Convention.

Article 5(b) of the Convention. Collaboration between labour inspectorate officials and employers and workers or their organizations. Further to its previous comments which were based on an observation of the CTUA, the Committee notes with interest the information provided by the Government according to which labour inspectors have regular working meetings with social partners, and participate in seminars organized by the CTUA and sectoral branches of trade unions. According to the Government, 210 seminars were held in 2010, in which 5,200 representatives of employers and workers took part, and 303 seminars were organized in 2011, attended by 6,891 employers’ and workers’ representatives. Five advisory seminars on Armenian labour legislation were organized under the auspices of the labour inspectorate, the CTUA and branch trade unions. t also notes that, in accordance with section 9 of the Law on State Labour Inspection, labour inspectors are bound to provide information to employers, trade unions and employees on methods of application of labour legislation. In this regard, it notes that in 2011, 115 employers submitted written requests for advice regarding the application of the labour legislation. The Government adds that since 2010, the inspectorate has been operating an electronic system for the reception and examination of requests for assistance and advice, as well as complaints. In 2010 and 2011, 96 and 194 requests/complaints were submitted, respectively. The Committee would be grateful if the Government would provide information as to the frequency of working meetings held with social partners, and the subjects covered by such meetings and their outcome. It further asks the Government to indicate whether other methods of collaboration with social partners exist and draws the Government’s attention to the guidelines provided in this regard in Part II of Recommendation No. 81 concerning labour inspection. It also requests the Government to provide information on the number of the complaints lodged and the type of matters raised via the electronic enquiry system, and the possible follow-up by the labour inspectorate.

Articles 3, 12, 13, 16, 17 and 18. Effective exercise of labour inspection functions through inspection visits and measures to prevent their obstruction. In its previous comments the Committee noted that 137 inspection visits had not materialized and requested clarifications in this regard. The Government indicates that, due to the continuing labour inspection reforms, the planned inspections were temporarily suspended. The Republican Union of Employers of Armenia adds that these visits were suspended as a follow-up to studies carried out by the Government which had found that inspections were too frequent, uncoordinated and often irrelevant. There are three inspection bodies, the State Labour Inspectorate, the State Hygiene and Anti-Epidemic Inspectorate and the National Centre for Technical Safety whose competencies overlap. The level of information exchange between theses bodies remains very limited and the inspection’s mandate, competence and its purpose are often not clear, thus impacting adversely on the investment climate and the country’s competitiveness. Consequently, the Government approved a reform of the inspection system under Decision No. 1135-N of 17 September 2009. According to the information provided by the Republican Union of Employers of Armenia that all inspectorates should have a system of risk-based inspections with joint databases, and that inspections should be simple, transparent and foreseeable. Consequently the Law of 17 May 2000 on the Organization and Conduct of Inspections was amended on 23 June 2011, in order to reflect these new requirements. In this regard, the Committee notes the Government’s indication that as a result of this amendment undertakings have been classified as high, middle and low-risk groups, and that the number of possible inspection visits might have been limited as a result of this classification. According to the Government, it is stipulated that an inspection visit in a high-risk undertaking may not be conducted more than once a year, every three years for a medium-risk undertaking and in a low-risk undertaking not more than every five years. It also notes that further limits to labour inspection visits appear to apply through ordinances or instructions issued by the head of the “respective State body”.

The Committee recalls that under Article 3 of the Convention, the labour inspection functions exercised through inspection visits serve not only an enforcement but also an advisory and preventive purpose. Indeed, as indicated in paragraph 85 of the Committee’s 2006 General Survey on labour inspection, the two functions of enforcement and advice are inextricable. The Committee also recalls that according to paragraphs 105–107 of the 2006 General Survey, the powers that labour inspectors have under Article 13 of the Convention, including powers of injunction with immediate effect, serve an exclusively preventive purpose as they are aimed at eliminating or at least reducing occupational risks and hazards which constitute a danger to the health or safety of the workers, irrespective of the existence of a violation of legal provisions. If hazards have arisen as a result of non-compliance with legal provisions, then Articles 17 and 18 of the Convention apply so that persons responsible for such violations are held accountable. The Committee is of the view that limiting the number of inspection visits to a specific number for a certain time period raises obstacles to the effective performance of labour inspection functions, including the important preventive functions entrusted upon labour inspectors by Article 13. Moreover, it goes against the principle of unannounced visits, which is reflected in Article 12 of the Convention, and is intended to ensure that inspectors may carry out inspections at any time, without previous notice both for preventive purposes and as a useful means to address attempts to conceal labour violations (paragraphs 261–263 of the 2006 General Survey).

The Committee would be grateful if the Government would communicate Decision No. 1155-N of 17 September 2009 on the reform of the labour inspection system and explain the impact of this reform on the structure, coordination, working methods and priorities of the labour inspectorate. In this context, the Committee refers to the labour inspection audit that was conducted in 2009 within the ILO project “Enhancing Labour Inspection Effectiveness” and requests the Government to detail whether the labour inspection reform took into account the findings and outcomes of the audit. It would also be grateful to receive a copy of the government study mentioned by the Republican Union of Employers of Armenia on the reform of the labour inspection system.

The Committee also requests the Government to communicate a copy of the amendments of 2011 to the law of 17 May 2000 on the organization and conduct of inspections and indicate whether the labour inspectorate still has the possibility to carry out unannounced visits or visits outside the schedule applicable to a workplace’s risk classification for enforcement or preventative purposes, and whether labour inspectors have the power to issue injunctions with immediate effect in case of imminent danger to the health or safety of the workers. It also requests the Government to communicate any ordinances and instructions issued in relation to labour inspection activities and to indicate the nature of the bodies issuing such instructions within the labour inspection system.

The Committee notes that, according to the Republican Union of Employers of Armenia, the number of inspections was halved compared to the previous year, but revealed undeclared work cases were doubled. In this regard, it notes that according to the Government, during 2009–11, almost 2,650 cases of undeclared work were disclosed. Please also specify the measures ordered by the labour inspectorate when cases of undeclared work are discovered and the impact of these measures on the principal objective of the labour inspectorate under the Convention, which is the enforcement of legal provisions relating to conditions of work and the protection of workers while engaged in their work.

Articles 19, 20 and 21. Annual reports on the work of the labour inspectorate. The Committee notes that, once again, a consolidated annual report for the period under review, that contains the type of data and statistics set out in Article 21 of the Convention, was not submitted to the Office. It also notes the indications made by the Government that an annual inspection report for 2010 has been discussed with the social partners in the Republican Tripartite Commission, and that the annual inspection report for 2011 will be discussed at the upcoming session of this Commission. The Committee takes note of the comments of the Republican Union of Employers of Armenia, highlighting the delayed publication of the annual inspection report and the fact that up to the present, the annual inspection report for 2011 has not been discussed in the Tripartite Commission. With reference to its general observation of 2010 the Committee recalls that when well prepared, the annual reports offer an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection service and, subsequently, the determination of the means necessary to improve their effectiveness. The Committee once again urges the Government to take all necessary measures for the elaboration and publication by the central labour inspection authority of an annual report containing all the information required under Article 21 of the Convention and to keep the Office informed of any progress made in this regard. The Committee also invites the Government to provide its views in relation to the comments of the Republican Union of Employers of Armenia as regards the delay in both the publication of annual inspection reports, and their submission to the Republican Tripartite Commission.

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

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

Referring to its observation, the Committee draws the Government’s attention to the following point.

Articles 5(a), 17 and 18 of the Convention. Cooperation between the labour inspectorate and the judicial bodies and penalties imposed on the perpetrators of violations. According to the Government, the collaboration between the labour inspectorate and the judicial bodies is unsatisfactory. The Government regrets the lack of a common policy concerning labour legislation adopted by both the judicial bodies and the labour inspectorate. It indicates that the case law very often varies from one court to another in disputes of the same nature. The Committee requests the Government to refer to its 2007 general observation, in which it points out that effective cooperation between the labour inspection system and the judicial system may be achieved through the adoption of legislative provisions and the establishment of educational and informative exchanges. The Committee requests the Government to indicate the measures taken or envisaged to improve the cooperation between the labour inspectorate and the judicial bodies.

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

The Committee notes the Government’s report accompanied by the comments made by the Union of Manufacturers and Entrepreneurs of Armenia (UMEA) and the Confederation of Trade Unions of Armenia (CTUA) received by the ILO on 23 December 2009.

Articles 16 and 18 of the Convention. Obstructions to the performance of inspection duties. The Committee notes with concern the Government’s indication that 137 inspections of enterprises were prevented from being carried out. The Committee requests the Government to indicate why it was not possible to carry out the inspections mentioned and to specify the measures taken to overcome the obstacles identified, if necessary through the application of penalties in the case of obstructions.

Article 5(b). Collaboration between labour inspectorate officials and employers and workers or their organizations. In its comments, the UMEA reports a lack of collaboration between the labour inspectorate and the social partners and expresses the hope for periodic exchanges on problems faced. The Committee requests the Government to refer to paragraphs 163–172 of its General Survey of 2006 concerning the role of the social partners in the operation of the labour inspectorate, in which it emphasizes that the labour inspectorate can attain its objectives only if appropriate measures are adopted by the competent authority to promote effective collaboration with employers and workers in its operations and activities. Such collaboration may take place within a tripartite advisory body with a general mandate for labour issues. The Committee requests the Government to indicate the measures taken or envisaged to promote collaboration between the labour inspectorate and organizations of workers and employers and to keep the Office informed of the results achieved in that regard.

Articles 20 and 21. Annual reports on the work of the labour inspectorate. The UMEA emphasizes that although section 12 of the Act on the conditions of service of the labour inspectorate provides for the preparation and publication of an annual report on the work of the labour inspectorate, such reports are not published (2008 report), are incomplete or are published late. The Committee reminds the Government that a report on the work of the labour inspectorate should be published and transmitted to the ILO each year. The Committee requests the Government to take the necessary measures to publish and transmit an annual report on the work of the labour inspectorate as soon as possible. It draws the Government’s attention to the guidance provided in paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81) on the presentation of the information required.

Communication of legal texts. The Committee notes that the Government has not yet provided the ILO with the documents requested by the Committee in its previous comments. The Committee therefore once again requests the Government to provide the ILO with the following texts as soon as possible:

–      the Administrative Infringements Code of 6 December 1985;

–      the Act of 17 May 2000 on the Organization and Conduct of Inspections;

–      the Act of 13 December 2004 on Administrative Conduct and Principles;

–      Government Decision No. 1146-N of 29 August 2004 establishing the State Labour Inspectorate within the Ministry of Labour and Social Affairs, confirming the statutes of the State Labour Inspectorate and amending previous Government Decision (14 November 2002) No. 1821-N;

–      Government Decision No. 1893-N of 6 October 2005 on the provision of information to the State Labour Inspectorate;

–      Government Decision No. 2301-N of 6 October 2005 adopting the procedure for the submission of quarterly reports by employers to the State Labour Inspectorate;

–      Government Decision No. N876 of 16 June 2006 establishing the form, use and procedure for issuing a copy of a workbook;

–      Government Decision No. N1882-N of 20 October 2005 on the procedure for publication, accounting, conservation and archiving of the employer’s internal and private legal documents;

–      The Public Service Act.

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

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

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 direct request, which read as follows:

Noting that the Government mentions in its first report a series of legal texts of which it has not sent copies despite the request made by the Office on 4 June 2007, and also other texts which are equally relevant to assessing the level of application of the Convention, the Committee would be grateful if the Government would send copies of the aforementioned texts to the ILO as soon as possible.

The following texts are concerned:

–      The Administrative Infringements Code of 6 December 1985.

–      The Act of 17 May 2000 on the Organization and Conduct of Inspections.

–      The Act of 13 December 2004 on Administrative Conduct and Principles.

–      Government Decision No. 1146-N of 29 August 2004 establishing the State Labour Inspectorate within the Ministry of Labour and Social Affairs, confirming the statutes of the State Labour Inspectorate and amending previous Government Decision (14 November 2002) No. 1821-N.

–      Government Decision No. 1893-N of 6 October 2005 on the provision of information to the State Labour Inspectorate.

–      Government Decision No. 2301-N of 6 October 2005 adopting the procedure for the submission of quarterly reports by employers to the State Labour Inspectorate.

–      Government Decision No. N876 of 16 June 2006 establishing the form, use and procedure for issuing a copy of a workbook.

–      Government Decision No. N1882-N of 20 October 2005 on the procedure for publication, accounting, conservation and archiving of the employer’s internal and private legal documents.

–      The Public Service Act.

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

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 following matters raised in its previous direct request:

Noting that the Government mentions in its first report a series of legal texts of which it has not sent copies despite the request made by the Office on 4 June 2007, and also other texts which are equally relevant to assessing the level of application of the Convention, the Committee would be grateful if the Government would send copies of the aforementioned texts to the ILO as soon as possible.

The following texts are concerned:

–      The Administrative Infringements Code of 6 December 1985.

–      The Act of 17 May 2000 on the Organization and Conduct of Inspections.

–      The Act of 13 December 2004 on Administrative Conduct and Principles.

–      Government Decision No. 1146-N of 29 August 2004 establishing the State Labour Inspectorate within the Ministry of Labour and Social Affairs, confirming the statutes of the State Labour Inspectorate and amending previous Government Decision (14 November 2002) No. 1821-N.

–      Government Decision No. 1893-N of 6 October 2005 on the provision of information to the State Labour Inspectorate.

–      Government Decision No. 2301-N of 6 October 2005 adopting the procedure for the submission of quarterly reports by employers to the State Labour Inspectorate.

–      Government Decision No. N876 of 16 June 2006 establishing the form, use and procedure for issuing a copy of a workbook.

–      Government Decision No. N1882-N of 20 October 2005 on the procedure for publication, accounting, conservation and archiving of the employer’s internal and private legal documents.

–      The Public Service Act.

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

The Committee notes the Government’s first report. Noting that the Government mentions in its report a series of legal texts of which it has not sent copies despite the request made by the Office on 4 June 2007, and also other texts which are equally relevant to assessing the level of application of the Convention, the Committee would be grateful if the Government would send copies of the aforementioned texts to the ILO as soon as possible.

The following texts are concerned:

–      The Administrative Infringements Code of 6 December 1985.

–      The Act of 17 May 2000 on the Organization and Conduct of Inspections.

–      The Act of 13 December 2004 on Administrative Conduct and Principles.

–      Government Decision No. 1146-N of 29 August 2004 establishing the State Labour Inspectorate within the Ministry of Labour and Social Affairs, confirming the statutes of the State Labour Inspectorate and amending previous Government Decision (14 November 2002) No. 1821-N.

–      Government Decision No. 1893-N of 6 October 2005 on the provision of information to the State Labour Inspectorate.

–      Government Decision No. 2301-N of 6 October 2005 adopting the procedure for the submission of quarterly reports by employers to the State Labour Inspectorate.

–      Government Decision No. N876 of 16 June 2006 establishing the form, use and procedure for issuing a copy of a workbook.

–      Government Decision No. N1882-N of 20 October 2005 on the procedure for publication, accounting, conservation and archiving of the employer’s internal and private legal documents.

–      The Public Service Act.