Labour Inspection Convention, 1947 (No. 81) - Tunisia (Ratification: 1957)

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

The Committee notes that a representation under article 24 of the ILO Constitution was submitted to the Governing Body by the Union of Labour Inspectors, alleging non-compliance by Tunisia with the Labour Inspection Convention, 1947 (No. 81). At its 340th Session (October–November 2020), the Governing Body decided that it was receivable and to designate a tripartite committee for its examination (GB.340/INS/19/3, paragraph 5). The Committee notes that the allegations contained in the representation refer to Articles 6, 10 and 11 concerning the conditions of service and independence of inspectors, the number of inspectors, and financial and material resources. In accordance with its usual practice, the Committee has decided to defer the examination of this issue until the Governing Body adopts its report on the representation.

Articles 14 and 21(f) and (g). Statistics of occupational accidents and cases of occupational disease. In its previous comments, the Committee noted that employers are required to report an occupational accident or case of occupational disease within three working days of the date on which it was notified to them, in accordance with section 63 of Act No. 94-28 of 21 February 1994. It requested the Government to ensure that, in future, annual inspection reports contain statistics of occupational accidents and cases of occupational disease. The Committee notes the Government’s indication that the Directorate General of the General Inspectorate of Labour and Conciliation issued a memo to all the heads of the regional divisions inviting them to send to all enterprises under their monitoring duties reminders of the obligation to report industrial accidents and cases of occupational disease and highlighting the importance of such information. In addition, the Committee notes the statistical information provided in the 2017 report of the Labour Inspectorate concerning the number of industrial accidents and cases of occupational disease, as well as the available statistics of the National Health Insurance Fund in 2018.

Articles 5(a), 17 and 18. Action taken on unheeded notices and on reports. Further to its previous comments, the Committee notes the Government’s indication that the power to report a violation by submitting a statement lies with labour inspectors under section 177 of the Labour Code. It notes that, upon receipt of the report of the violation, the president of the court of first instance decides on its transmission to police officers, who conduct an investigation to ascertain the truth of the facts but who, according to the Government's indication, have no knowledge of labour law in most cases. The Government indicates that communication regarding follow-up by the courts to criminal proceedings initiated by labour inspectors remains unpredictable, despite the inspectors’ efforts. The Committee notes that, according to the information contained in the 2017 report of the Labour Inspectorate, further to the 18,297 inspections conducted in 2017, 3,114 employers were issued written warnings with 24,363 violations identified, and 526 reports were drawn up, covering 3,183 violations. The Committee requests the Government to intensify its efforts to strengthen cooperation among the Labour Inspectorate, the police and the judiciary in order to ensure that penalties are effectively enforced. The Committee also requests the Government to provide information on the follow-up to the reports of violations submitted, specifying the outcome and, where relevant, the fines or other penalties applied and to include this information in the annual report, in accordance with Article 21(e) of the Convention.

Article 21(c). Set up a register of workplaces liable to inspection. In its previous comments, the Committee noted that statistics on workplaces liable to labour inspection and the number of workers they employ were not available. The Committee notes the Government’s indication in its report that the services of the Ministry of Social Affairs are compiling a database containing this information. The Committee requests the Government to continue its efforts to compile a database containing statistics on workplaces liable to inspection and the number of workers they employ. It also requests the Government to communicate these statistics and to ensure that such information is presented, in the future, in the annual report of the Labour Inspectorate.

Articles 20 and 21. Preparation and communication of an annual report on the work of the inspection services. The Committee notes the 2017 annual report of the Labour Inspectorate provided by the Government in 2019. The Committee requests the Government to continue transmitting the annual report of the Labour Inspectorate to the ILO. It also requests the Government to provide information on its publication, in accordance with Article 20(1).

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

Articles 5(a), and 21(b) and (c) of the Convention. Useful cooperation to set up a register of workplaces liable to inspection. With reference to its previous comments, the Committee notes that, according to the Government, full particulars of workplaces liable to inspection are not available. It nonetheless welcomes the information that the Ministry of Social Affairs is making efforts to compile a register of this kind with the cooperation of the National Social Security Fund and all the institutions concerned. The Committee cannot overemphasize how important it is to set up and regularly update a register of workplaces containing, in accordance with Article 21(c) of the Convention, information on workplaces liable to inspection and the number of workers they employ, to serve as a tool for assessing the coverage rate of the labour inspection service and identifying measures for its improvement. The Committee hopes that the Government will be in a position in its next report to provide statistics of the workplaces subject to inspection and the number of workers they employ, and that it will ensure that in future this information is contained in the annual report on the work of the labour inspection services.

Article 10. Strength of the inspectorate staff. The Committee notes the distribution of labour inspectors by post and by grade, contained in the annual inspection report for 2009. It requests the Government to send updated information on the number of labour inspectors in service, specifying the categories and the number of labour inspectors who carry out visits to the workplaces.

Articles 14 and 21(f) and (g). Statistics of occupational accidents and cases of occupational disease. Further to its previous comments, the Committee notes the Government’s indication that employers are required to report an occupational accident or case of occupational disease within three working days of the date on which it was notified to them, even if the victim has continued to work, in accordance with section 63 of Act No. 94-28 of 21 February 1994 establishing a system of compensation for injury resulting from an occupational accident or occupational disease. The report must be drawn up in triplicate and sent to the National Sickness Insurance Fund (CNAM); to the police or national guard station closest to the place of the accident or to the workplace of the victim; and to the labour inspection office of the geographical area. The Government further states that there is close cooperation between the labour inspection services and the CNAM, the Directorate of Medical and Occupational Safety Inspection and the Occupational Health and Safety Institute, through scheduled visits to monitor occupational safety and health in a very large number of workplaces where serious accidents have occurred and in sectors with a high rate of occupational accidents and cases of occupational disease, such as the building and public works sector. The CNAM produces a quarterly report containing statistics of occupational accidents and cases of occupational diseases compiled from the information provided in the report forms submitted to it. These statistics serve as a basis on which to develop a dynamic national occupational safety and health policy. In accordance with section 88 of Act No. 94-28 of 21 February 1994, the CNAM transmits these statistics to the Ministry of Social Affairs and the Ministry of Public Health. However, according to the Government, the CNAM will in future send an annual report on statistics of occupational accidents and diseases to the Directorate General of Labour Inspection and Conciliation, to enable it to discharge its preventive duties in full. The Committee requests the Government to provide copies of any texts adopted under section 63 of the abovementioned Act that concern the reporting obligation placed on employers, together with a copy of the standard report form, indicating any penalties applicable for breach of this obligation. It would be grateful if the Government would ensure that, in future, annual inspection reports contain statistics of occupational accidents and cases of occupational disease, as prescribed by Article 21(f) and (g) of the Convention.

Articles 17 and 18. Information on action taken on unheeded notices and on reports. The Government indicates that the number of notices unheeded by offenders is equal to the number of reports submitted to the courts, which means that for the remainder of the notices issued, the offenders took remedial action. The Committee again notes that the reports for 2008 and 2009 on the work of the labour inspection services give the numbers of notices served by labour inspectors and of inspectors’ reports submitted to the courts, but that information on the action taken by the courts has not been provided, either in the abovementioned reports or otherwise. The Committee accordingly asks the Government once again to provide information on the action taken by the judicial authorities on reports of offences, and to ensure that in future relevant statistics on the subject are included in annual inspection reports.

Articles 20 and 21. Preparation and communication of an annual report on the work of the inspection services. The Committee takes note of the annual inspection reports for 2008 and 2009, sent by the Government in October 2013. It notes that, according to the Government, the Office for Studies, Planning and Programming of the Ministry of Social Affairs publishes the annual reports as an insertion in the Ministry’s Statistical Guide. The Committee requests the Government to take steps to ensure that annual inspection reports containing the information set out in Article 21(a)–(g), are in future published and communicated to the ILO within the time limit prescribed by Article 20. The Committee requests the Government to ensure that the annual reports for 2010, 2011 and 2012 are published and communicated to the ILO without delay.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous direct request, which read as follows:

Repetition

The Committee refers the Government to its observation and further draws its attention to the following point.

Article 9 of the Convention. Collaboration of technical experts and specialists. The Committee notes that although the labour inspection report for 2006 mentions that labour inspectors collaborate with public section technical experts and specialists with a view to developing their knowledge of certain fields not covered by their qualifications, no information on this matter is given in the report for 2007.

The Committee requests the Government to indicate the extent to which labour inspectors have the cooperation of technical experts and specialists and to specify the types of specialists and experts involved, if any, giving examples of practical cooperation and the results attained, with relevant supporting documentation.

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

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

While noting that the Government replies to the general observation of 2010, by indicating that the Ministry of Social Affairs carries out the registration of workplaces liable to inspection in coordination with the National Fund of Social Security and the Ministry of Employment, the Committee also notes that the Government’s report contains no reply to its previous individual observation. The Committee requests the Government to indicate any development in the application of the Convention in the light of the current events in the country. It also repeats its previous observation, which read as follows:

Repetition

Articles 10, 21(b) and (c) of the Convention. Number of inspectors and geographical distribution. Statistics of workplaces liable to inspection and number of workers employed. The Committee notes from the labour inspection reports for 2006 and 2007 the composition and distribution by sex of the labour inspectorate staff (Article 21(b)). However, the reports contain no information on the number of workplaces subject to inspection and the number of workers employed therein (Article 21(c)). According to Article 10, the number of labour inspectors shall be determined according to the number, nature, size and situation of the workplaces. It is therefore important that the Government should ensure that such data are collected so that it is in a position to distribute the inspection staff appropriately throughout the territory in accordance with priorities to be defined on the basis of criteria such as the risk level of the main activities, worker categories (young workers, women, level of qualification, etc.) and available resources. Besides, such information is essential for the central authority in scheduling routine inspection visits, assessing the workplace coverage rate and establishing resource requirements in annual budgets with a view to better coverage. The Government may wish to refer in this connection to paragraphs 325 and 326 of the 2006 General Survey on labour inspection, and to Paragraph 9(c) of Labour Inspection Recommendation, 1947 (No. 81) regarding the level of detail to be given in the relevant information. The Committee asks the Government to provide figures showing the geographical distribution of labour inspectorate staff, so that it can assess the extent to which the abovementioned Articles of the Convention are observed, and to ensure that the annual labour inspection report contains, in the future, statistics of the workplaces liable to inspection and the number of workers employed therein.

Articles 17 and 18. Information concerning action taken on unheeded warnings and on reports of violations. The Committee notes from the labour inspection reports that inspectors issued 3,386 warnings in 2007 and 3,318 in 2006, as well as 652 violation reports in 2007 and 402 in 2006. It notes, however, that no information has been sent on the action taken on these warnings and reports.

The Committee further notes that since the inspection report for 1998, received at the ILO in 2000, according to the Government, inspections of labour suppliers have been stepped up, the aim being to get employers to comply with the legislation in force. However, the Government provides no information on any follow-up to such inspections. To assess how effective such action has been, a record is needed of all the offences committed by labour suppliers and the action taken by labour inspectors to remedy them or punish the offenders.

The Committee invites the Government to refer to Chapter VIII of its General Survey of 2006 in which it points out that the provision of advice and information, the issuing of orders and the initiation of legal procedures are complementary approaches to achieving the Convention’s objective. The credibility and effectiveness of a labour inspection system depend to a large extent on the action taken on contraventions reported. It is accordingly essential that penalties imposed by labour inspectors for violations should be visible enough to be dissuasive. The Committee therefore asks the Government to provide information on the action taken on unheeded warnings and on violations notified to courts of law, and to ensure that in future relevant statistics are supplied in the annual report of the central labour inspection authority.

Articles 3(1)(b), 14, 21(f) and (g). Statistics of industrial accidents and cases of occupational disease. The Committee notes from the labour inspection report for 2007 that employers too often neglect to notify industrial accidents and cases of occupational disease and that this prevents the inspectorate from compiling complete and relevant data. In this connection, the report only refers to the statistics contained in the annual report of the Sickness Insurance Fund (CNAM), without providing the report in question. The Committee reminds the Government that according to Article 14 of the Convention, the labour inspectorate must be notified of industrial accidents and cases of occupational disease. The inspectorate needs data of this kind, in particular so that it can fully assume its preventive role and so that in the annual inspection report it can include statistics of industrial accidents and of the case of occupational disease, as required by Article 21(f) and (g). In this connection, the Committee invites the Government to refer to paragraphs 118 to 132 of the abovementioned General Survey in which it points out the importance and scope of the labour inspectorate’s preventive role. To enable the central authority to include in its annual report information regarding industrial accidents and instances of occupational disease, the competent authority is required by Article 5(a) of the Convention to promote cooperation between the two institutions to this end. Furthermore, such information is essential to the development of a relevant prevention policy.

In order to combat negligence of employers in notifying industrial accidents and cases of occupational disease, it would likewise be appropriate to ensure that laws and regulations are sufficiently clear as to the cases and circumstances in which such incidents are to be notified to the competent authorities, and as to the procedure for notification and the penalties that apply in the event of negligence. Informing and sensitizing employers and workers about this matter is an essential means of encouraging compliance with the relevant legal provisions. Labour inspectors can carry out such measures as part of the duties they perform in pursuance of Article 3(1)(b) and of Paragraphs 6 and 7 of Recommendation No. 81. The Committee accordingly asks the Government to take steps to ensure that the labour inspectorate is informed of industrial accidents and cases of occupational disease in the instances and circumstances laid down in the national legislation. If failure to notify is a result of gaps in the legislation, the Government is asked to take steps to complete the legislation accordingly so as to facilitate enforcement and supervision by the labour inspectorate. The Committee would be grateful if the Government would proceed at once to encourage cooperation between the labour inspection services and the CNAM so that, in future, available relevant statistics may be included in the annual labour inspection report, in accordance with Article 21(f) and (g), if possible in the manner indicated in Paragraph 9(f) and (g) of Recommendation No. 81.

Article 20. Publication and communication to the ILO of the annual inspection report. The Committee appreciates the Government’s efforts to compile annual labour inspection reports. It notes, however, that there is no requirement for such reports to be published and that they are in any event not communicated to the Office within the deadline prescribed by Article 20 (the inspection report for 2007 was not received until March 2010). The Committee reminds the Government that according to Article 20, the annual report must be published at the latest within 12 months of the end of the period they cover. Consequently, the Committee asks the Government to ensure that full effect is given to the abovementioned Articles of the Convention and that, in future, the annual report of the central inspection authority on the work of the inspection services under its control is published and that a copy of it is sent to the International Labour Office within the period prescribed. It would be grateful if, in the meantime, the Government would ensure that the reports for 2007, 2008 and 2009 are published and sent to the Office promptly.

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

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

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

The Committee refers the Government to its observation and further draws its attention to the following point.

Article 9 of the Convention. Collaboration of technical experts and specialists. The Committee notes that although the labour inspection report for 2006 mentions that labour inspectors collaborate with public section technical experts and specialists with a view to developing their knowledge of certain fields not covered by their qualifications, no information on this matter is given in the report for 2007.

The Committee requests the Government to indicate the extent to which labour inspectors have the cooperation of technical experts and specialists and to specify the types of specialists and experts involved, if any, giving examples of practical cooperation and the results attained, with relevant supporting documentation.

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

The Committee takes note of the Government’s report received at the ILO on 19 November 2009. It also notes the labour inspection reports for 2006 and 2007, received at the ILO on 4 January 2008 and 17 March 2010.

Articles 10, 21(b) and (c) of the Convention. Number of inspectors and geographical distribution. Statistics of workplaces liable to inspection and number of workers employed. The Committee notes with interest from the labour inspection reports for 2006 and 2007 the composition and distribution by sex of the labour inspectorate staff (Article 21(b)). However, the reports contain no information on the number of workplaces subject to inspection and the number of workers employed therein (Article 21(c)). According to Article 10, the number of labour inspectors shall be determined according to the number, nature, size and situation of the workplaces. It is therefore important that the Government should ensure that such data are collected so that it is in a position to distribute the inspection staff appropriately throughout the territory in accordance with priorities to be defined on the basis of criteria such as the risk level of the main activities, worker categories (young workers, women, level of qualification, etc.) and available resources. Besides, such information is essential for the central authority in scheduling routine inspection visits, assessing the workplace coverage rate and establishing resource requirements in annual budgets with a view to better coverage. The Government may wish to refer in this connection to paragraphs 325 and 326 of the 2006 General Survey on labour inspection, and to Paragraph 9(c) of Labour Inspection Recommendation, 1947 (No. 81) regarding the level of detail to be given in the relevant information. The Committee asks the Government to provide figures showing the geographical distribution of labour inspectorate staff, so that it can assess the extent to which the abovementioned Articles of the Convention are observed, and to ensure that the annual labour inspection report contains, in the future, statistics of the workplaces liable to inspection and the number of workers employed therein.

Articles 17 and 18. Information concerning action taken on unheeded warnings and on reports of violations. The Committee notes from the labour inspection reports that inspectors issued 3,386 warnings in 2007 and 3,318 in 2006, as well as 652 violation reports in 2007 and 402 in 2006. It notes, however, that no information has been sent on the action taken on these warnings and reports.

The Committee further notes that since the inspection report for 1998, received at the ILO in 2000, according to the Government, inspections of labour suppliers have been stepped up, the aim being to get employers to comply with the legislation in force. However, the Government provides no information on any follow up to such inspections. To assess how effective such action has been, a record is needed of all the offences committed by labour suppliers and the action taken by labour inspectors to remedy them or punish the offenders.

The Committee invites the Government to refer to Chapter VIII of its General Survey of 2006 in which it points out that the provision of advice and information, the issuing of orders and the initiation of legal procedures are complementary approaches to achieving the Convention’s objective. The credibility and effectiveness of a labour inspection system depend to a large extent on the action taken on contraventions reported. It is accordingly essential that penalties imposed by labour inspectors for violations should be visible enough to be dissuasive. The Committee therefore asks the Government to provide information on the action taken on unheeded warnings and on violations notified to courts of law, and to ensure that in future relevant statistics are supplied in the annual report of the central labour inspection authority.

Articles 3(1)(b), 14, 21(f) and (g). Statistics of industrial accidents and cases of occupational disease. The Committee notes from the labour inspection report for 2007 that employers too often neglect to notify industrial accidents and cases of occupational disease and that this prevents the inspectorate from compiling complete and relevant data. In this connection, the report only refers to the statistics contained in the annual report of the Sickness Insurance Fund (CNAM), without providing the report in question. The Committee reminds the Government that according to Article 14 of the Convention, the labour inspectorate must be notified of industrial accidents and cases of occupational disease. The inspectorate needs data of this kind, in particular so that it can fully assume its preventive role and so that in the annual inspection report it can include statistics of industrial accidents and of the case of occupational disease, as required by Article 21(f) and (g). In this connection, the Committee invites the Government to refer to paragraphs 118 to 132 of the abovementioned General Survey in which it points out the importance and scope of the labour inspectorate’s preventive role. To enable the central authority to include in its annual report information regarding industrial accidents and instances of occupational disease, the competent authority is required by Article 5(a) of the Convention to promote cooperation between the two institutions to this end. Furthermore, such information is essential to the development of a relevant prevention policy.

In order to combat negligence of employers in notifying industrial accidents and cases of occupational disease, it would likewise be appropriate to ensure that laws and regulations are sufficiently clear as to the cases and circumstances in which such incidents are to be notified to the competent authorities, and as to the procedure for notification and the penalties that apply in the event of negligence. Informing and sensitizing employers and workers about this matter is an essential means of encouraging compliance with the relevant legal provisions. Labour inspectors can carry out such measures as part of the duties they perform in pursuance of Article 3(1)(b) and of Paragraphs 6 and 7 of Recommendation No. 81. The Committee accordingly asks the Government to take steps to ensure that the labour inspectorate is informed of industrial accidents and cases of occupational disease in the instances and circumstances laid down in the national legislation. If failure to notify is a result of gaps in the legislation, the Government is asked to take steps to complete the legislation accordingly so as to facilitate enforcement and supervision by the labour inspectorate. The Committee would be grateful if the Government would proceed at once to encourage cooperation between the labour inspection services and the CNAM so that, in future, available relevant statistics may be included in the annual labour inspection report, in accordance with Article 21(f) and (g), if possible in the manner indicated in Paragraph 9(f) and (g) of Recommendation No. 81.

Article 20. Publication and communication to the ILO of the annual inspection report. The Committee appreciates the Government’s efforts to compile annual labour inspection reports. It notes, however, that there is no requirement for such reports to be published and that they are in any event not communicated to the Office within the deadline prescribed by Article 20 (the inspection report for 2007 was not received until March 2010). The Committee reminds the Government that according to Article 20, the annual report must be published at the latest within 12 months of the end of the period they cover. Consequently, the Committee asks the Government to ensure that full effect is given to the abovementioned Articles of the Convention and that, in future, the annual report of the central inspection authority on the work of the inspection services under its control is published and that a copy of it is sent to the International Labour Office within the period prescribed. It would be grateful if, in the meantime, the Government would ensure that the reports for 2007, 2008 and 2009 are published and sent to the Office promptly.

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

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

The Committee notes the information relating to the number of workplaces liable to inspection (29,397 in 2006) and the number of workers employed in such workplaces (775,715) provided by the Government in reply to its request. It recalls that, under Article 21 of the Convention, this information has to be included in the annual report on the work of the inspection services. The Committee therefore hopes that this information will be included in the next activity report and that this report will be published by the Ministry of Social Affairs, Solidarity and Tunisians Abroad, in accordance with Article 20, paragraphs 1 and 2.

With regard to the other points raised in its previous comments, the Committee trusts that the Government will provide the information requested on the conditions for the recruitment of labour inspectors, the labour inspection activities in the field of child labour and the administrative or legal measures taken in response to the violations identified, as soon as such information is available, in accordance with the undertaking given in its report.

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

The Committee notes the Government’s report received on 11 October 2005, and the Labour Inspectorate activity reports for 2003, 2004 and 2005.

1. Article 7 of the Convention. Conditions for the recruitment of labour inspectors. The Committee notes with interest Decree No. 2004-2149 of 6 September 2004, which amends and supplements Decree No. 99-2633 of 22 November 1999 issuing the specific conditions of service for labour inspection staff, and the Ministerial Order of 23 September 2004, by virtue of which a university level diploma for studies lasting at least four semesters is required to sit the external competitive examination for the recruitment of labour inspectors. The Committee would be grateful if the Government would provide figures regarding changes in the composition and distribution by level of studies of inspection staff since the entry into force of these texts.

2. Inspection relating to child labour. The Committee notes with interest the statistics prepared by the Labour Inspectorate on violations concerning the work of children and young persons. The Committee notes that, according to the corresponding labour inspectorate reports, the number of such violations fell from 310 in 2003 to 127 in 2004, and it would therefore be grateful if the Government would indicate the manner in which these statistics were compiled from one year to the next, and say whether the drop in the number of violations noted in 2004 is attributable to inspection activities of an educational or repressive nature, or to a reduction in inspection activities aimed at child labour.

3. Articles 17 and 18. Execution of notices served by inspectors and court action taken on inspectors’ reports of violations. The Committee notes with interest the indication, in response to its previous comments, that 80 per cent of the notices served to enterprises that have committed violations to labour laws gave rise to regularization. The Committee also notes that both the number of employers to whom notices were served and the number of inspectors’ reports of violations doubled between 2003 and 2004. The Committee would be grateful if the Government would indicate the administrative or legal measures taken in the case of the 20 per cent of notices that did not result in the regularization of the violations, and the reasons for the increase in the number of notices served and reports of violations issued.

4. Article 21(c). Number of workplaces liable to inspection and number of workers employed therein. The Government notes, once again, that the annual labour inspectorate reports for 2003, 2004 and 2005 fail to indicate, as required under Article 21(c), the number of workplaces liable to inspection and the number of workers employed therein, information which is vital to assess the coverage of labour inspection in relation to requirements in this area. The Committee would therefore be grateful if the Government would ensure that this information is included in its future annual inspection reports, as promised in its report.

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

With reference to its observation, the Committee wishes to draw the Government’s attention to the following points.

Article 21(c) of the Convention. Noting that the annual inspection reports for 1999 and 2000 do not specify, as required by this provision, the number of workplaces liable to labour inspection and the number of workers employed in them, and emphasizing the need for this data to be available in order for the effectiveness of the labour inspection system to be assessed, the Committee would be grateful if the Government would ensure that these data are included in its future annual reports.

Execution of notices served by inspectors and court action taken on inspectors’ reports of violations. The Committee notes with interest the detailed statistics on the violations reported and the action taken thereon by the labour inspectors as a result to eliminate or punish them. It requests the Government to provide information on the impact of such notices and reports on employers’ compliance with the legal provisions relating to conditions of work and the protection of workers in the exercise of their occupation.

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

1. Content of the annual inspection report. The Committee takes note of the annual inspection reports for 1999 and 2000 containing detailed information on the activities of the inspection services and their results. It notes with satisfaction the disaggregated figures for: workers covered, by gender, and indicating the proportion of young persons, apprentices and persons with disabilities; inspections by sector, type of inspection and size of enterprise; violations reported according to type and to area of labour law; results of inspections by type of action taken (notices served on employees and reports submitted to the courts); employment accidents by region, branch of activity and type of injury together with an analysis of the change in the situation regarding work fatalities in recent years; cases of occupational disease according to type of disease and branch of activity.

2. Quantitative and qualitative reinforcement of human resources. The Committee also welcomes the substantial increase in the number of labour inspectors between 1999 and 2000, and for the same period the implementation of training programmes for the advancement of labour inspectors in their career and the holding of ad hoc training sessions, some of which addressed the organization of prevention in construction sites and public works, international occupational health and safety conventions and the labour inspector’s role in promoting social dialogue.

The Committee is addressing a request on certain points directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report. However, it notes that no annual inspection report has been communicated to the ILO since the report for 1998, with the result that it is impossible for it to assess the extent to which the Convention is applied, as it has emphasized in its previous comments. It hopes that the Government will rapidly take measures to ensure that such a report containing detailed information on each of the matters enumerated in Article 21 of the Convention is published regularly. It would be grateful if the Government would ensure that information on the activities of labour inspectors to supervise the application of legislation respecting child labour is also contained in the annual report.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s reports and the annual inspection reports for the period between 1994 and 1998, which contain partial responses to its previous comments. It wishes to draw attention to the following points.

1. Statistics of violations and penalties imposed. The Committee notes that statistics of violations and penalties imposed are still not contained in the annual reports and it requests the Government to take measures to ensure that they are transmitted in future in accordance with Article 21(e) of the Convention.

2. Annual inspection reports. The annual inspection reports provided contain detailed information showing a significant development in the resources and activities of the labour inspection system. The Committee notes in particular the efforts made, through the establishment of cooperation and consultation bodies, to improve cooperation and collaboration between the inspection services and other public institutions engaged in similar activities or which contribute to the achievement of progress in conditions of work. The Committee recalls that annual inspection reports should be published and transmitted within the time limits set out in Article 20 and it would be grateful if the Government would take the necessary measures to ensure the correct application of this provision.

3. Child labour. With reference to its general observation of 1999 on the Convention, and noting with interest the new provisions introduced into the Labour Code by Act No. 96-62 of 15 July 1995 relating to the conditions of work of children, the Committee hopes that appropriate measures will soon be taken to furnish labour inspectors with the legal and material means of exercising effective supervision in this area and that relevant statistics will be provided regularly in the annual inspection report.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s reports and the annual inspection reports for the period between 1994 and 1998, which contain partial responses to its previous comments. It wishes to draw attention to the following points.

1.  Statistics of violations and penalties imposed.  The Committee notes that statistics of violations and penalties imposed are still not contained in the annual reports and it requests the Government to take measures to ensure that they are transmitted in future in accordance with Article 21(e) of the Convention.

2.  Annual inspection reports.  The annual inspection reports provided contain detailed information showing a significant development in the resources and activities of the labour inspection system. The Committee notes in particular the efforts made, through the establishment of cooperation and consultation bodies, to improve cooperation and collaboration between the inspection services and other public institutions engaged in similar activities or which contribute to the achievement of progress in conditions of work. The Committee recalls that annual inspection reports should be published and transmitted within the time limits set out in Article 20 and it would be grateful if the Government would take the necessary measures to ensure the correct application of this provision.

3.  Child labour.  With reference to its general observation of 1999 on the Convention, and noting with interest the new provisions introduced into the Labour Code by Act No. 96-62 of 15 July 1995 relating to the conditions of work of children, the Committee hopes that appropriate measures will soon be taken to furnish labour inspectors with the legal and material means of exercising effective supervision in this area and that relevant statistics will be provided regularly in the annual inspection report.

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

Article 21 of the Convention. The Committee notes the information contained in the reports on the labour inspection activities in 1992 and 1993 respectively which, like the Government's report, give detailed indications on the application of the Convention. It notes, however, that these inspection reports do not contain information on the laws and regulations relevant to the work of the inspection service (paragraph (a)). Furthermore, they do not contain data on penalties imposed (paragraph (e)) nor, contrary to the inspection reports for 1990 and 1991, on occupational diseases (paragraph (g)). The Committee hopes that the department responsible for preparing annual inspection reports will take the necessary measures to include this information and data in future.

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

Articles 20 and 21 of the Convention. The Committee notes the information provided by the Government in reply to its previous comments and the report on the activities of the inspection service for the year 1991 (and not for year 1992 as was indicated on the cover of the report). It notes that this report does not contain information on the laws and regulations relevant to the work of the inspection service (Article 21(a)), and statistics of violations and penalties imposed (Article 21(e)). The Committee hopes the Government will not fail to include information on these in its next report which will hopefully be published and communicated within the time-limits fixed in Article 20.

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

Articles 20 and 21 of the Convention. Further to its earlier comments, the Committee notes that no annual reports on the work of the inspection services seem to have been published since that for 1988; nor does the Government's report on the Convention contain any information on the activities of the labour inspection services. The Committee hopes that annual reports on inspection will be published in accordance with Article 20, containing all the information required by Article 21, and sent to the International Labour Office within the time-limits established by the Convention.

The Committee also hopes the Government will supply reports on the Convention in the form approved by the Governing Body, to enable the Committee to appreciate the manner in which the Convention is applied.

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

The Committee has noted the information supplied by the Government concerning the application of Article 11, paragraph 1 of the Convention.

Articles 20 and 21 of the Convention. The Committee notes that the annual reports on the activities of the labour inspection services for 1987 and 1988 contains no information on points (a), (c), and (g) of Article 21 of the Convention (laws and regulations relevant to the work of the inspection service, statistics of workplaces liable to inspection and number of workers therein, and statistics of occupational diseases). It hopes that, in future, the annual inspection reports will contain information on all the subjects mentioned in Article 21 and that they will be published and transmitted to the International Labour Office within the time-limits set forth in Article 20.