National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Referring to its observation and drawing the Government’s attention to its 2007 and 2009 general observations under this Convention, the Committee reiterates its previous comments and once again requests the Government to provide the Office with relevant information on the following points.
Articles 10, 16 and 21(c) and (d) of the Convention. Staff of the labour inspectorate and inspection visits. While noting the information on the material and institutional difficulties of keeping a register of workplaces (registers not up to date and variations in the duration of enterprises), the Committee draws the Government’s attention to the need to have data on the number of workplaces liable to inspection and the number and categories of workers employed in them, in order to be able to assess the extent of the inspectorate’s coverage in the light of needs and the number and geographical distribution of serving inspectors. In order to improve the efficiency of the inspection services and determine priorities on the basis of available resources, the competent authorities and the need for inspectors to have a thorough knowledge of the economic fields that they cover. The Government is therefore asked to take the necessary measures to rationalize the existing registration system and to keep the Office informed of all progress in this respect.
Article 18. Penalties for violations of the legal provisions enforceable by labour inspectors. The Committee notes that discussions are under way between the Ministry of Labour and the Ministry of Justice and Police to overcome what the labour inspectors consider to be a difficulty in applying the Convention: the legal limitation on their collection of fines. The Committee would be grateful if the Government would provide information on the results of these discussions in terms of impact in law and practice regarding the punishment of violations in accordance with the Convention.
Articles 20 and 21. Publication and communication of annual reports. The Committee refers to its previous comments and notes that, according to the Government, the difficulties encountered in preparing annual inspection reports have not as yet been overcome. However, it notes that the computerization of the labour inspectorate is now in its final stages, which will facilitate the discharge of the annual reporting obligations. The Committee requests the Government to keep the Office informed of any developments in this respect and to ensure that an annual report on the work of the labour inspection services is published shortly and that a copy is sent to the Office. It draws the Government’s attention to the guidance in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), as to how the information required by Article 21(a)–(g) could be presented in such a report.
Labour inspection and child labour. The Committee notes that the labour inspectorate will be represented on the Commission against Child Labour, which, according to the Government, is in the process of being established. It would be grateful if the Government would keep the Office informed of any legislative or practical measures implemented to the inspection of child labour in the industrial and commercial establishments covered by the Convention.
The Committee notes that the Government’s report received on 25 September 2009 is identical to the one submitted in 2005. Consequently, the Committee is bound to reiterate its previous comments and requests which read as follows.
Article 7 of the Convention. Training of labour inspectors. The Committee hopes that the Government will continue to provide information on any new training activities for the purpose of improving inspectors’ skills and that it will also be able to report on the impact of retraining on the working and results of the labour inspection services.
Article 14. Notification to the labour inspectorate of cases of occupational disease. For many years the Committee has been drawing the Government’s attention to the need to ensure that full effect is given to this Article of the Convention, specifically as regards occupational diseases. The Government states that there have been no changes in the law with regard to application of the Convention, but that in view of the crucial role of labour administration in administering and enforcing labour laws, the labour inspection legislation is to be reviewed in order to bring it more into line with the provisions of the Convention. The Committee draws the Government’s attention in this connection to its General Survey of 2006 on labour inspection (paragraph 118), in which it emphasized that it is vital, for preventive purposes, for formal mechanisms to be put in place to provide the labour inspection services with the data they need to identify high-risk activities and the most vulnerable categories of workers. The Government is therefore asked to take advantage of the planned legislative revision in order to adopt provisions that supplement the national legislation, in accordance with this Article of the Convention, by defining the instances and the manner in which the labour inspectorate must be informed not only of occupational accidents, but also of cases of occupational disease. The Committee would be grateful if the Government would keep the Office informed of any progress in this respect and provide copies of any draft provisions or any adopted texts, together with all relevant documents (administrative orders, circulars, declaration forms, etc.).
Article 15(b). Scope of the obligation on labour inspectors to maintain professional secrecy. The Committee trusts that the Government will also take advantage of the revision which it announced, to give effect to this provision, as it undertook to do, by ensuring that a provision is adopted to extend the scope of the obligation on labour inspectors to observe professional secrecy in order to ensure that they continue to be bound by this obligation after they have left the service.
Scope of the obligation on labour inspectors to maintain professional secrecy. The Committee trusts that the necessary measures will be taken without delay so as to give full effect to Article 15(b) of the Convention by extending the duty of labour inspectors to observe professional secrecy to the period following their departure from the service.
In addition, the Committee draws the Government’s attention to the following point.
Articles 3(1)(a) and (b) and 5(b). In its 2009 direct request relating to the application of the Safety Provisions (Building) Convention, 1937 (No. 62), the Committee has noted from the statistics communicated by the Government a high increase of fatal and serious workplace accidents caused by materials, substances and radiation, between 2007 and 2008 in the building and construction sector. The Committee notes with concern these trends which are an indication of a serious failure in the functioning of labour inspection. The Government is requested to take all the necessary financial and capacity-building measures without delay to ensure that the labour inspection services can exercise their legal enforcement powers against negligent employers in construction workplaces with regard to occupational safety and health and provide employers and workers with information and technical advice aimed at raising their awareness in this area. The Committee urges the Government to inform the Office of such measures and the progress achieved in terms of fatal and serious work accidents.
The Committee is raising other points in a request addressed directly to the Government.
The Committee refers the Government to its observation and draws its attention to the following points.
Articles 20 and 21. Publication and communication of annual reports. The Committee refers to its previous comments and notes that, according to the Government, the difficulties encountered in preparing annual inspection reports have not as yet been overcome. However, it notes with interest that the computerization of the labour inspectorate is now in its final stages, which will facilitate the discharge of the annual reporting obligations. The Committee requests the Government to keep the Office informed of any developments in this respect and to ensure that an annual report on the work of the labour inspection services is published shortly and that a copy is sent to the Office. It draws the Government’s attention to the guidance in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), as to how the information required by Article 21(a)–(g) could be presented in such a report.
Labour inspection and child labour. The Committee notes with interest that the labour inspectorate will be represented on the Commission against Child Labour, which, according to the Government, is in the process of being established. It would be grateful if the Government would keep the Office informed of any legislative or practical measures implemented to the inspection of child labour in the industrial and commercial establishments covered by the Convention.
The Committee takes note of the Government’s report containing replies to its previous comments.
1. Article 7 of the Convention. Training of labour inspectors. The Committee notes with interest the information on the various training courses attended by labour inspectors during the period covered by the report in the context of bilateral cooperation and with ILO support, including courses on child labour, the planning, preparation and conducting of visits and follow-up thereto, industrial relations, and reporting on inspection visits. The Committee hopes that the Government will continue to provide information on any new training activities for the purpose of improving inspectors’ skills and that it will also be able to report on the impact of retraining on the working and results of the labour inspection services.
2. Article 14. Notification to the labour inspectorate of cases of occupational disease. For many years the Committee has been drawing the Government’s attention to the need to ensure that full effect is given to this Article of the Convention, specifically as regards occupational diseases. The Government states that there have been no changes in the law with regard to application of the Convention, but that in view of the crucial role of labour administration in administering and enforcing labour laws, the labour inspection legislation is to be reviewed in order to bring it more into line with the provisions of the Convention. The Committee draws the Government’s attention in this connection to its General Survey of 2006 on labour inspection (paragraph 118), in which it emphasized that it is vital, for preventive purposes, for formal mechanisms to be put in place to provide the labour inspection services with the data they need to identify high-risk activities and the most vulnerable categories of workers. The Government is therefore asked to take advantage of the planned legislative revision in order to adopt provisions that supplement the national legislation, in accordance with this Article of the Convention, by defining the instances and the manner in which the labour inspectorate must be informed not only of occupational accidents, but also of cases of occupational disease. The Committee would be grateful if the Government would keep the Office informed of any progress in this respect and provide copies of any draft provisions or any adopted texts, together with all relevant documents (administrative orders, circulars, declaration forms, etc.).
3. Article 15(b). Scope of the obligation on labour inspectors to maintain professional secrecy. The Committee trusts that the Government will also take advantage of the revision which it announced, to give effect to this provision, as it undertook to do, by ensuring that a provision is adopted to extend the scope of the obligation on labour inspectors to observe professional secrecy in order to ensure that they continue to be bound by this obligation after they have left the service.
The Committee is addressing a request on other matters directly to the Government.
The Committee notes the Government’s brief report and the information it contains in response to its previous comments. It draws the Government’s attention to the following points.
1. Initial and further training of labour inspectors. The Committee notes with interest the indications relating to training activities for labour inspectors for the period between June 2003 and September 2005. It requests the Government to specify the number of inspectors having participated in such activities, the nature and duration of the training, as well as its impact.
2. Number of inspection staff. The Committee notes with interest that the strength of the inspection staff rose from 32 in 1999 to 42 in 2005. It would be grateful to the Government if it would transmit information on the number and geographical distribution of the establishments subject to the supervision of the labour inspection service and the workers employed in such establishments (Article 10 of the Convention).
3. Notification to the labour inspectorate of cases of occupational disease. Please provide information on the measures taken to give effect to the Occupational Accidents Act (GB, 1947, No. 145) to ensure that the labour inspectorate is notified of cases of occupational disease, in accordance with Article 14 of the Convention.
4. Scope of the obligation of professional secrecy of labour inspectors. The Committee notes that the Government indicates that this aspect will be taken into account as soon as financial resources allow for the re-examination of the labour legislation. The Committee hopes that the Government will not fail to take measures to give full effect to Article 15(b) of the Convention.
5. Annual inspection report. The Committee recalls that no annual inspection report has been transmitted to the ILO since that of 1993. It notes that the Government indicates that difficulties of a technical nature have been encountered in the preparation of annual reports. The Committee recalls the importance attached to the publication by the central inspection authority, and the transmission to the ILO, of a report on the activities of the inspection services under its control in pursuance of Articles 20 and 21 of the Convention. It requests the Government to take any appropriate measures to give effect to these important provisions of the Convention and to transmit information on any developments in this regard.
6. Labour inspection and child labour. The Committee hopes that information on inspection activities in the field of child labour and on the results of such activities will be transmitted regularly.
In reference to its observation, the Committee draws the Government’s attention to the following points.
Article 14 of the Convention. Notification of cases of occupational disease to the labour inspectors. The Committee notes that subsection 2 of section 11 of the Act respecting employment accidents, to which the Government refers, does not mention the obligation to notify cases of occupational disease but only the obligation to notify occupational accidents. The form sent by the Government mentions both obligations but refers to section 27 of the above Act, which is not available at the Office. The Committee would be grateful if the Government would provide a copy of the Act in full.
Articles 20 and 21. Noting that, according to the Government, the annual inspection report was being prepared, the Committee hopes that the Government will be able regularly to publish and communicate such a report to the Office, as prescribed by Article 20 and that the report will cover each of the subjects specified in Article 21.
The Committee notes the information sent in reply to its repeated comments on the measures announced by the Government to give effect to Articles 14, 15(b), 20 and 21 of the Convention both in law and in practice.
1. Scope of the principle of professional confidentiality. The Committee notes that no measure has yet been taken to extend the scope of the principle of professional confidentiality established in Article 15(b) in order to ensure that inspectors are bound by it even after leaving service. The basic trust that must underlie the relationship between labour inspectors and employers cannot be established if employers are not legally protected in a durable manner against any dissemination by inspectors, including after they leave the service, of manufacturing or commercial secrets or operating procedures which they might have learned during the exercise of their duties. The Committee therefore trusts that, in accordance with the undertaking it has given for many years, the Government will promptly adopt the measures to amend the legislation in order to bring it into full conformity with the Convention on this point, and that the relevant information will be communicated in its next report.
2. Labour inspection and child labour. The Committee notes that, despite the Government’s undertaking to make its best effort to ensure enforcement by the labour inspectors of child labour legislation, no specific resources have yet been allocated to this task. It trusts that budgetary measures will soon be taken to this end and that the Government will provide relevant information on them.
The Committee is addressing a request on other points directly to the Government.
The Committee notes the Government’s report and the replies to its previous comments. It would be grateful if the Government would provide information on the progress made in relation to the draft Occupational Safety and Health Act, which it indicates is under discussion by the tripartite Labour Advisory Board, and on the following points.
Labour inspection and child labour. With reference to is general observation of 1999 on the important role that should be entrusted to labour inspection in combating child labour, the Committee notes the Government’s statement that it will do its utmost to take measures so that supervision of existing legal provisions is ensured by the labour inspection. It hopes that the Government will be able to provide numerical information in its next report on the means actually allocated for this purpose and the results achieved.
Article 14 of the Convention. With reference to its previous comments, and noting the indication that labour inspectors are kept informed of industrial accidents and cases of occupational diseases, the Committee would be grateful if the Government would provide copies of the legal texts and forms through which such notification is made.
Article 15(b). The Government is requested to provide information on the measures which have been taken or are envisaged to provide a legal basis for ensuring that labour inspectors do not reveal, even after leaving the service, any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties.
Noting that in reply to its previous comments under Articles 20 and 21, the Government indicated that an Inspector-General has been appointed for the first time, the Committee requests the Government to indicate the powers entrusted to the Inspector-General and to take any necessary measures to ensure that an annual report on the labour inspection services containing the information required on the matters set out in points (a) to (g) of Article 21 is published and communicated to the ILO, in accordance with the provisions of Article 20, and to keep the ILO informed of any progress in this respect.
Further to its previous comments, the Committee notes the information supplied by the Government in its recent reports. It requests the Government to provide detailed information on the points raised below.
Articles 14 and 15(b) of the Convention. The Committee notes the Government's indication in its 1997 report that a draft Occupational Safety and Health Act was drawn up in English and was being translated into Dutch. The Government's 1999 report however contains no further information on progress achieved in this respect, but indicates that the Labour Accidents Act (GB.1947, No. 145) under paragraph 2 of article 11 prescribes the employer's obligation to notify of cases of industrial accidents and occupational diseases.
In this regard the Committee requests the Government to provide further information on how the labour inspectorate, in accordance with Article 14, is notified of industrial accidents and cases of occupational diseases under this Act. It also hopes that the Government will supply information on the progress achieved towards the adoption of a new Occupational Safety and Health Act.
Articles 20 and 21. Further to its previous comments, the Committee notes that no annual labour inspection report has been communicated. It also notes that the Government indicated in its 1997 report difficulties in conducting annual inspection reports resulting from shortages of staff. The Committee hopes that the Government will make every effort to be able to provide such reports containing all the information enumerated in Article 21.
Referring also to its observation under the Convention, the Committee hopes that the health and safety legislation under consideration will make it clear that the obligation of inspectors not to reveal manufacturing or commercial secrets or work processes extends even to the period after they leave service, as required by Article 15(1)(b).
In its previous comments the Committee had expressed the hope that the Government would take measures to give full effect to Article 14 of the Convention (notification of cases of occupational diseases to the labour inspectorate) and Article 15(b) (obligation of inspections not to reveal secrets). The Committee notes with interest the information contained in the Government's report that draft legislation to revise the occupational health and safety legislation is being prepared with ILO assistance and that a national multidisciplinary committee to evaluate the system of reporting of occupational accidents and diseases has been established. The Committee hopes that the Government will soon be in a position to report on progress achieved.
Articles 20 and 21. Further to its previous comments, the Committee notes with interest the 1993 annual labour inspection report communicated with the Government's report, which gives comprehensive information on the activities of the inspection services. It notes however that the report does not contain statistics on occupational diseases. The Committee hopes that following the evaluation of the system of reporting of occupational accidents and diseases the Government will be in a position to include such statistics in the annual labour inspection reports (Article 21(g)) and that it will continue to publish and transmit to the ILO these reports within the time-limits set forth in Article 20.
Further to its previous comments, the Committee notes with interest the information that, with the technical assistance of the ILO, the Government is currently studying a project for the revision of the labour legislation, and that computers are being introduced in the work of the inspection service to help facilitate access to statistical data. The Committee hopes these developments will enable the Government to take the necessary measures with regard to its previous comments and thus give full effect to Article 14 of the Convention (notification of cases of occupational diseases to the labour inspectorate) and Article 15(b) (obligation of inspectors not to reveal secrets).
Articles 20 and 21. Further to its previous comments, the Committee notes the brief statistical data provided and the information that the report of the inspection service will be transmitted as soon as possible. The Committee recalls that no annual report of the inspection service has been received since 1987, and that the last report failed to include a number of the types of information required by Article 21. The Committee trusts that the necessary measures will be taken to ensure that such annual reports, containing all the necessary information, are published and sent to the ILO within the time-limits required.
Further to its previous comments, the Committee notes once again that there has been no change in the application of Articles 14 (notification of cases of occupational diseases to the labour inspectorate) and 15(b) (obligation of inspectors not to reveal secrets) and that national legislation does not address these important requirements of the Convention. The Committee asks the Government to provide an indication of what action it is taking to remedy this problem and hopes that the necessary measures will soon be taken.
Articles 20 and 21. The Committee notes the Government's statement that the annual report of the labour inspection for the year 1988 will be forwarded as soon as possible. It notes, however, that the most recent report received was for 1987, which failed to include a number of the types of information required by Article 21. The Committee hopes that the necessary measures will be taken to ensure that annual reports of the inspection services, containing all the necessary information, are published and sent to the ILO within the time-limits required.
With reference to its previous comments, the Committee notes that no progress has yet been achieved in giving effect to the provisions of Articles 14 (notification of cases of occupational diseases to the labour inspectorate) and 15(b) (obligation for inspectors not to reveal secrets) of the Convention. It hopes that appropriate measures to give effect to these Articles will be taken in the near future.
Articles 20 and 21 of the Convention. The Committee notes that the annual inspection report for 1987 provides statistics that mainly concern industrial accidents. It trusts that in future the reports will contain information on the work of the inspection services, including statistics on all the subjects enumerated in Article 21, and that they will be published and transmitted to the ILO within the time-limits set forth in Article 20.