Labour Inspection Convention, 1947 (No. 81) - Ghana (Ratification: 1959)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 7 of the Convention. Training of labour inspectors. The Government indicates in its report that 200 labour officers and inspectors were trained in the following areas: forced labour indicators (i.e., how to identify forced labour in communities and workplaces); job counselling, job matching, and vocational guidance; conducting labour inspections at workplaces; information technology; fair recruitment; skills anticipation; mental health counselling; child labour and human trafficking identification and rescuing. The Government adds that training is conducted in collaboration with the social partners. The Committee requests the Government to continue to provide information on training activities for labour inspectors, including information on the frequency, length and content of the training sessions and the number of participants attending.

Article11(2). Reimbursement of travel expenses.In reply to the Committee’s previous comment concerning labour inspectors’ reimbursement of transport and travel expenses, the Government indicates that reimbursement to labour inspectors of their transport and travel expenses incurred in the course of their duties is done quarterly. These expenses are budgeted in the Government’s yearly allocation to the Departments. The Committee takes notes of this information, which addresses its previous request.

Article 12(1)(a). Right of labour inspectors to enter freely workplaces liable to inspection. In reply to the previous comment of the Committee, the Government refers to section 124(1)(b) of the Labour Act, which provides that an inspector has power to enter during the day or night any premises which the inspector has reason to believe are subject to inspection. The Committee notes that this provision reflects the text of Article 12(1)(b) which provides that inspectors shall be empowered to enter by day any premises which they have reasonable cause to believe to be liable to inspection. 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. The Committee notes once again that section 124(1)(a) of the Labour Act limits free and unannounced visits of workplaces to “working hours”. In its comments since 2005, the Committee has asked the Government to take the necessary measures to ensure that section 124(1)(a) is supplemented to extend labour inspectors’ right of free entry to workplaces to periods outside working hours and to keep the ILO informed in this regard. The Committee therefore once again requests the Government to provide information on the measures taken to ensure that labour inspectors are empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, even outside of working hours. The Committee also requests the Government to provide information on the number of announced and unannounced inspections conducted each year, and the violations detected or other results from both types of inspections.

Articles 20 and 21. Annual report of the labour inspection services. The Committee notes the Statistical Reports of the Ministry of Employment and Labour Relations, which contain detailed information and statistics related to the activities of the Labour Department and the Department of Factories Inspectorate. The Government indicates that it will continue to ensure the publication of statistical information related to the work of labour inspectors. In reply to the Committee’s previous comments, the Government adds that it will provide the requested statistical information in its next report. The Committee requests the Government to take measures to ensure that the published statistical information includes all the subjects outlined in Article 21 of the Convention, including the number of workers employed in workplaces liable to inspection (Article 21(c)); statistics of violations and penalties imposed (Article 21(e)); and statistics of cases of occupational diseases (Article 21(g)).

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 10, 11 and 16 of the Convention. Human resources and material means of the labour inspectorate and coverage of workplaces. In its previous report, the Government had stated that it faced challenges including an insufficient number of inspectors and inadequate logistical support for inspections and enforcement. In reply to the previous comment of the Committee, the Government indicates that it has recruited over 75 labour officers and inspectors to increase staffing levels. The Committee notes that according to the Government, the Labour Department counts 170 inspectors. The Committee notes, however, that this figure is similar to the one reported in 2017, when the Government indicated a total of 171 inspectors. Concerning the reasons for the decline of inspections undertaken by the Department of Factories Inspectorate between 2014 and 2016, the Government indicates that such decline was due to the attrition rate of workers, which the country witnessed between 2014 and 2016.The Government also indicates that, after this period, more inspectors have been recruited and that it is still recruiting additional staff to enable the Department to enhance its inspectorate work. The Committee notes that the Government does not provide information on the number of staff in the Department of Factories Inspectorate. Further, the Committee notes that, according to the Statistical Reports of the Ministry of Employment and Labour Relations for the years 2018, 2019 and 2020, the number of labour inspections undertaken by the Labour Departments were 284 in 2018, 202 in 2019 and 256 in 2020. The Committee also notes that the inspections in the field of occupational safety and health, undertaken by the Department of Factories Inspectorate were 2,147 in 2018, to 2,936 in 2019 and 2,676 in 2020. With respect to material resources available to the labour inspectorate, the Government indicates that office equipment and vehicles were provided to the Labour Department and the Department of Factories Inspectorate to enhance their operations. The Committee requests the Government to continue to provide information on the number of labour inspections undertaken by the Labour Department and the Department of Factories Inspectorate and the number of inspectors in each Department. The Committee also requests the Government to explain whether the current number of Labour Department inspectors is adequate to conduct effective inspections of workplaces in light of the Government’s prior indication that it was not. Further, the Committee requests the Government to continue to provide information on the measures taken to ensure that the labour inspection services have at their disposal the required material resources to enable them to effectively carry out their duties.

Articles 17, 18 and 21(e). Enforcement of the legal provisions relating to the conditions of work and the protection of workers. The Committee previously requested information on the application of penalties, as well as concerning the revision of penalties for labour law provisions. The Committee notes in this regard the Government’s indication that it will provide the requested information in its next report. The Committee further notes that a training for labour inspectors and the Office of the Attorney General was organized in June 2022 under the Trade for Decent Work Programme (T4DW). The Committee notes that in its report under Convention No. 182, the Government indicates that such training resulted in useful recommendations for improving the collaboration between the Office of the Attorney General and the labour inspectorate on the prosecution of cases of child labour and other violations at the workplace.The Committee renews its request for the Government to provide detailed statistics on the violations detected, the number and nature of penalties imposed and the amount of fines collected. It also requests the Government to indicate the follow-up actions for issues of non-compliance detected, including statistics on the outcome of the cases transmitted for prosecution. In addition, the Committee requests the Government to provide information on any revision of “penalty units”, as defined pursuant to the Fines (Penalty Units) Act of 2000, with a view to ensuring that there are adequate penalties for violations of the legal provisions enforceable by labour inspectors.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 7 of the Convention. Training of labour inspectors. The Committee notes the Government’s statement, in reply to the Committee’s previous request, that there are arrangements for newly recruited labour staff to be trained, as well as arrangements to provide periodic training to existing labour inspectors. The Committee requests the Government to provide information on these training activities for labour inspectors, including information on the number of participants and their frequency, length and content.

Article 11(2). Reimbursement of travel expenses. The Committee notes the Government’s statement, in reply to its previous request, that labour inspection services are provided with funding through which transportation and other expenses incurred by labour inspectors are reimbursed. The Committee once again requests the Government to describe the procedure applicable for the reimbursement to labour inspectors of the transport and travel expenses incurred in the course of their duties.

Article 12(1)(a). Right of labour inspectors to enter freely workplaces liable to inspection. The Committee previously noted that section 124(1)(a) of the Labour Act empowers labour inspectors to enter freely and without notice at any hour of the day or night to inspect any workplace during working hours. Noting the Government’s indication in its report that section 124 gives effect to Article 12 of the Convention, the Committee recalls that Article 12(1)(a) does not envisage restricting visits to workplaces liable to inspection only to working hours. The Committee therefore requests the Government to provide information on the measures taken to ensure that labour inspectors are empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, even outside of working hours.

Articles 20 and 21. Annual report of the labour inspection services. Following its previous comments, the Committee notes the Government’s indication that it is committed to the provision of statistical information relating to the number of violations detected of the Labour Act. It notes that while no annual report on the work of the labour inspection services was received by the Office, the Government provides in its report information on the number of labour inspection staff. It also takes due note that the Statistical Report of the Minister of Employment and Labour Relations, published on the Government’s website, contains statistics related to the activities of both the Labour Department and the Department of Factories Inspectorate, including the registration of new premises, the number of shops and offices inspected, the number of registered workplaces inspected (disaggregated by region) and the number of accidents reported, disaggregated by sex. The Committee encourages the Government to pursue its efforts to ensure the publication of statistical information related to the work of the labour inspectorate, and to take measures to ensure that this information includes all the subjects outlined in Article 21 of the Convention, including the number of workers employed in workplaces liable to inspection (Article 21(c)); statistics of violations and penalties imposed (Article 21(e)); and statistics of cases of occupational diseases (Article 21(g)). It requests the Government to communicate a copy of the report containing these statistics to the ILO.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 10, 11 and 16 of the Convention. Human resources and material means of the labour inspectorate and coverage of workplaces. The Committee previously noted the Government’s reference to a shortage of human resources and material means, including vehicles, as well as to its commitment to addressing these issues.

The Committee notes that the Government indicates in its report that there are 171 inspection staff. It once again indicates that it plans to hire more staff to strengthen the labour inspection system, which will enable the Labour Department to conduct more inspections and improve the coverage of the establishments. The Committee also notes that, according to the Statistical Reports of the Ministry of Employment and Labour Relations for the years 2014, 2015 and 2016, published on the Ministry’s website, the number of labour inspections undertaken by the Labour Department were 243 in 2014, 357 in 2015 and 305 in 2016. The number of inspections undertaken by the Department of Factories Inspectorate on occupational safety and health in registered workplaces declined from 2,405 in 2014, to 1,974 in 2015 and 1,715 in 2016, with decreases in almost every sector. The Committee notes that according to the Statistical Report of 2016, there were 57,925 registered establishments in 2016. The Government states that challenges include an insufficient number of inspectors and vehicles to conduct efficient inspections of workplaces. It further notes the statement in Ghana’s National Employment Policy, published in 2015, that despite efforts to revamp the labour administration system, challenges persist, including ineffective labour inspection, inadequate staff for labour administration institutions and inadequate logistics for inspection and enforcement. The Committee requests the Government to provide information on the concrete steps taken to address the challenges identified, to ensure that the labour inspection services have at their disposal an adequate number of labour inspectors and the required material resources to enable them to effectively carry out their duties, including by ensuring the allocation of the financial resources necessary. It requests the Government to continue to provide information on the number of inspections undertaken by the Labour Department and the Department of Factories Inspectorate, as well as the number of inspectors in each Department. Lastly, the Committee requests the Government to provide information concerning the reasons for the decline in the number of inspections undertaken by the Department of Factories Inspectorate between 2014 and 2016, and the measures taken to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions.

Articles 17, 18 and 21(e). Enforcement of the legal provisions relating to the conditions of work and the protection of workers. The Committee previously requested information on the application of penalties, as well as concerning the revision of penalties for labour law provisions. The Committee notes in this regard that the Government once again refers to its commitment to dialogue, persuasion and diplomacy, but also states that the legal provisions in the Labour Act are fully applied so as to sanction any employer who violates its provisions. The Committee also observes that the penalties in the Labour Act are defined in terms of “penalty units” that are defined pursuant to the Fines (Penalty Units) Act of 2000. The Committee urges the Government to provide statistical information in its next report relating to the number of violations detected and the number and amount of fines imposed pursuant to the Labour Act. In addition, the Committee requests the Government to provide information on any revision of “penalty units” with a view to ensuring that there are adequate penalties for violations of the legal provisions enforceable by labour inspectors.

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

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

Article 4 of the Convention. Organization of the labour inspection system. The Committee previously noted that the Labour Department and the Factories and Inspectorate Department were undergoing a needs assessment and organizational restructuring. The Committee once again requests the Government to provide detailed information on the structure of the existing labour inspection system, the results of the assessment undertaken and any measures taken or envisaged to reorganize the labour inspectorate.

Article 7. Training of labour inspectors. The Committee notes that the Government has once again not provided the information concerning the training provided to labour inspectors. The Committee therefore once again requests the Government to provide information on the content, frequency and duration of the training given to inspectors in the course of their employment, as well as on the number of inspectors concerned.

Article 11(2). Reimbursement of travel expenses. The Committee notes that the Government has not provided the requested information on the procedures applicable for the reimbursement of travel and other expenses incurred in the exercise of their duties. The Committee once again requests the Government to describe the procedure applicable for the reimbursement to labour inspectors of the transport and travel expenses incurred in the course of their duty.

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

Articles 10, 11 and 16 of the Convention. Human resources and material means of the labour inspectorate. The Committee recalls that it previously noted the Government’s reference to the shortage of human resources and material means including vehicles, as well as to its plans to increase the number of the labour inspection staff and to improve the material means of the labour inspectorate. In this regard, it notes the Government’s renewed commitment to take measures to improve the human resources and material means of the labour inspectorate. Recalling the importance of taking concrete steps for the strengthening of the capacity of the labour inspectorate to enable labour inspectors to fulfil effectively both their functions under the Convention, the Committee strongly encourages the Government to identify and allocate the financial resources necessary to meet the most urgent priorities for the improved functioning of the labour inspection system, and to take the necessary measures to ensure that the labour inspection services have at their disposal an adequate number of labour inspectors and the necessary material resources (including transport facilities) to enable them to effectively carry out their duties. In this respect, the Committee requests the Government to describe in detail the current situation of the labour inspection services in terms of the human resources and material means available and to indicate any steps taken with a view to improve this situation.

Article 12(1)(a). Right of labour inspectors to enter freely workplaces liable to inspection. In its previous comments, the Committee has asked the Government to take the necessary measures to amend section 124(1)(a) of the Labour Act 2003 No. 651 to extend the right of labour inspectors to freely enter workplaces to periods outside working hours. The Government indicates that it is currently working on measures to ensure that the relevant legislation is in conformity with the requirements in Article 12(1)(a). The Committee requests the Government to provide concrete information on the steps taken to amend the abovementioned section of the Labour Act so as to ensure labour inspectors’ right of free entry to workplaces liable to inspection irrespective of the working hours therein.

Articles 3, 17, 18 and 21(e). Enforcement of the legal provisions relating to the conditions of work and the protection of workers. The Committee previously noted that the Government referred, in reply to the Committee’s request for the effective enforcement of the legal provisions, to the means of social dialogue, persuasion and diplomacy, and to the means of conciliation at the national and enterprise levels. In this regard, the Committee notes that the Government once again refers to conciliation as a means to achieve compliance with the legal provisions, but that it still fails to supply the requested information on violations reported by labour inspectors and the fines imposed. The Committee would like to recall that it emphasized, in paragraph 280 of its 2006 General Survey on labour inspection, that while it is true that the credibility of any inspectorate depends to a large extent on its ability to advise employers and workers on the most effective means of complying with the legal provisions within its remit, it also depends on the existence and implementation of a sufficiently dissuasive enforcement mechanism.

The Committee also notes that the Government has not provided a reply in relation to the Committee’s previous request concerning the revision of penalties for the violation of labour law provisions, which according to the Government’s previous indications is undertaken by the judiciary on an annual basis. Emphasizing the need to ensure that violations of the legal provisions shall be liable to prompt legal proceedings where necessary, the Committee once again requests the Government to provide statistical information relating to the number of violations detected, as well as the relevant number and amount of penalties imposed. The Committee also requests the Government, once again, to provide information on the revision of penalties for labour law provisions so that they remain dissuasive in the event of monetary inflation.

Articles 20 and 21. Annual report of the labour inspection services. The Committee notes that once again, no annual report on the work of the labour inspection services has been received by the Office. It also notes that the Government once again refers, as it has done since 2009, to measures to publish and communicate to the ILO an annual report on the work of the inspection system. The Committee once again strongly encourages the Government to take measures that will facilitate the establishment, publication and communication to the ILO of an annual report containing the information required by Article 21(a)–(g). In any event, the Committee requests the Government to communicate, with its next report, statistics on the number of labour inspectors, the number and frequency of inspection visits carried out, and the number of workers covered by such visits.

The Committee requests the Government to report on any concrete steps taken in this regard, and reminds it that it may avail itself of ILO technical assistance for the collection of statistics and the publication of annual labour inspection reports as provided for under the Convention.

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

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

Articles 1, 4, 9, 10, 11 and 16 of the Convention. Organization and functioning of the labour inspection system. In its comments to the Government since 2009, the Committee noted the Government’s commitment to establishing the necessary systems and infrastructure to enable the effective inspection of workplaces liable to inspection and the fact that the computerization of the inspection services was under way. It also noted, according to the information provided in the report on the Worst Forms of Child Labour Convention, 1999 (No. 182), the lack of capacity and logistical deficiencies for labour inspection, but also the fact that the Government has helped the Labour Department and the Factories and Inspectorate Department with capacity building through human resources development and the provision of logistics and equipment. These departments are undergoing needs assessment and organizational restructuring to meet their requirements for labour inspection. The Government has enhanced its commitment to enable the staff of these departments to follow some of the training courses run by ILO–African Regional Labour Administration Centre (ARLAC) to strengthen their capacities aimed at providing effective labour inspection.

In its present report, the Government refers to the shortage of logistical resources faced by the inspectorate, particularly the insufficient number of labour inspectors and vehicles. The Committee notes that no information has been supplied by the Government in reply to its previous comments concerning the application of these provisions. The Committee therefore urges the Government to reply to its previous comments, which read as follows:

The Committee would be grateful if the Government would provide detailed information on the structure of the existing labour inspection system, the results of the assessment undertaken and any measures taken or envisaged to reorganize the labour inspectorate.

Noting with concern the small number of visits carried out (106 to 147 according to the statistics provided by the Government) and of workers covered by such visits (1,647) in 2007, the Committee requests the Government to describe, in particular, any measures taken, in terms of strengthening staff numbers, training of staff, allocation of transport facilities and logistical means, with a view to ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions covered by the Convention, in accordance with Article 16.

The Committee requests once again the Government to describe the procedure applicable for the reimbursement to labour inspectors of their occupational transport and travel expenses, and to communicate a copy of any relevant legal provisions.

Article 12(1)(a). Right of labour inspectors to enter freely workplaces liable to inspection. In its comments since 2005, the Committee has asked the Government to take the necessary measures to ensure that the relevant legislation is supplemented to extend labour inspectors’ right of free entry to workplaces to periods outside working hours and to keep the ILO informed in this regard. The Government indicates that all the necessary steps will be taken to respond to the Committee’s concern in this regard and that information will be communicated should any amendments be made. The Committee hopes that measures will actually be taken to give effect to this provision of the Convention and requests the Government to keep the ILO informed of any developments in this regard.

Articles 3(1), 17, 18 and 21(e). Enforcement of legal provisions relating to the conditions of work and the protection of workers, prosecutions and enforcement of penalties. With reference to its comments since 2009, in which it asked the Government to take appropriate measures to ensure that legal provisions relating to the conditions of work and the protection of workers are effectively enforced through legal proceedings where necessary, the Committee notes that the Government reiterates its commitment to the enforcement of legal provisions as provided for by Articles 3(1), 17 and 18 of the Convention, through social dialogue, persuasion and diplomacy. It also declares that its wish to encourage mutual respect for conditions of work and protection of workers lies behind the setting up of the National Labour Commission (NLC) for dealing with labour-related complaints. A wages commission was also established in 2006 to resolve issues of insufficient payments and pay negotiations with public sector workers, with enterprise-level unions having a say in the resolution of any abuses. Moreover, even though section 38 of the 2007 Labour Regulations provides for fines and penalties for violations reported by labour inspectors, in practice these violations are settled at enterprise level or in the NLC. The Committee further notes that in 2010 one “penalty unit” was the equivalent of 20 Ghanaian cedis (GHS) and that the judiciary is responsible for revising this value every year. However, the Committee notes that no information has been supplied either on violations reported by labour inspectors or on fines imposed under section 38 of the 2007 Labour Regulations, or on measures taken to ensure that the latter are enforced. The Committee therefore requests the Government to indicate whether labour inspectors are free to decide to give warning and advice instead of instituting or recommending proceedings, in accordance with Article 17(2) of the Convention. The Committee also requests the Government to indicate the criteria for revising the value of the “penalty unit”, to send a copy of the last two revision decisions handed down by the judiciary, and also statistical information relating to violations of the labour legislation (indicating the relevant provisions) and penalties imposed.

Articles 19, 20 and 21. Periodical reports and annual inspection report. In its comments since 2009, the Committee has asked the Government to take measures rapidly to establish the conditions in which the central labour inspection authority can collect data on the activities of the services under its control with a view to publishing an annual report on the work of the inspection system containing information on the subjects specified in Article 21(a)–(g). The Government indicates that measures to this end are being adopted and that copies of the annual report will be sent once it has been drawn up. The Committee notes with concern that the last Labour Department report received at the ILO dates back to 2000. The Committee hopes that the measures adopted will facilitate the production of periodic reports by local inspection offices on the results of their activities, as required by Article 19, and that these reports will serve as the basis for the central inspection authority to publish and communicate an annual report to the ILO in the time limits laid down by Article 20 and containing the information required by Article 21(a)–(g). The Committee requests the Government to keep the ILO informed of any further developments. It reminds the Government that it may avail itself of ILO technical assistance in this regard if necessary.

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

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:

Repetition

With reference to its observation, the Committee would be grateful if the Government would provide additional information on the following points.

Articles 1, 4, 9, 10, 11 and 16 of the Convention. Organization and functioning of the labour inspection system. The Committee notes the Government’s commitment to establishing the necessary systems and infrastructure to allow for effective establishment inspection. It also indicates that it is in the process of providing IT resources, such as computers and technical equipment. According to the information provided in its 2008 report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), the lack of capacity building and logistics for labour inspection supervision, and non-enforcement of laws are major difficulties but the Government has helped the Labour Department and the Department of Factories and Inspectorate, through human resource development and the provision of logistics and equipment, to increase their capacities. These departments are undergoing needs assessment and organizational rearrangement to meet their requirements in labour inspection duties. The Committee further notes that the Government has enhanced its commitment to enable the staff of these departments to undertake some of the training courses run by the ILO–ARLAC (African Regional Labour Administration Centre) to strengthen their capacities aimed at providing effective labour inspection.

The Committee would be grateful if the Government would provide detailed information on the structure of the existing labour inspection system, the results of the assessment undertaken and any measures taken or envisaged to reorganize the labour inspectorate.

Noting with concern the small number of visits carried out (106 to 147 according to the statistics provided by the Government) and of workers covered by such visits (1,647) in 2007, the Committee requests the Government to describe, in particular, any measures taken, in terms of strengthening staff numbers, training of staff, allocation of transport facilities and logistical means, with a view to ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions covered by the Convention, in accordance with Article 16.

The Committee requests once again the Government to describe the procedure applicable for the reimbursement to labour inspectors of their occupational transport and travel expenses, and to communicate a copy of any relevant legal provisions.

Article 5(a) and (b). Cooperation with other bodies and collaboration with employers and workers. The Committee requests the Government to indicate arrangements made by the competent authority to promote:

• (a) effective cooperation between the inspection services and other government services and public institutions; and
• (b) collaboration between officials of the labour inspectorate and employers and workers or their organizations, in particular with regard to the partnership approach encouraged by the Government.

Articles 14 and 21(f) and (g). Notification of industrial accidents and cases of occupational disease. Publication of relevant statistics. In its previous comments, the Committee requested the Government to indicate the manner in which inspectors are notified in practice of occupational accidents and relevant statistics are produced and used by the inspection services with a view to developing a strategy for preventing risks. The Committee notes that, according to section 18(2) of the Labour Regulations issued in 2007, these occurrences should be reported to “the Chief Labour Officer or the Inspector of Factories”.

The Committee would like to emphasize that the purpose of such notification is to enable the labour inspectorate to identify the occupational risks inherent in the various activities carried out in the workplaces liable to inspection and determine appropriate preventive action to be implemented at the local and national levels. The Committee would be grateful if the Government would describe any mechanism established to that end (through reporting forms, etc.) and its operation since the entry in force of the above mentioned regulations. It further requests the Government to indicate the number of industrial accidents and cases of occupational disease reported to the labour inspection services by employers during the next reporting period and to take the necessary measures to ensure that such statistical data will be included in the annual report of the work of the labour inspectorate.

Labour inspection and child labour. The Committee would be grateful if the Government would provide information on the activities performed by labour inspectors in the field of child labour and the results achieved. It also request the Government to supply a copy of the inspection form designed to register such information, if any.

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

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

Repetition

Article 12(1)(a) of the Convention. Right of labour inspectors to enter freely workplaces liable to inspection. In its previous comments, the Committee pointed out that section 124(1)(a) of the 2003 Labour Act, which limits the timing of workplace inspections to “working hours”, is not compatible with Article 12(1)(a) of the Convention. It notes the Government’s indication that the above provision of the Labour Act is sufficient to uncover clandestine moves by employers. Referring to its General Survey of 2006 on labour inspection (paragraphs 268–271), the Committee wishes to recall that the conditions for the exercise of the right of free entry to workplaces laid down by the Convention are intended to allow inspectors to carry out inspections, where necessary and possible, to enforce the application of legal provisions relating to conditions of work. The protection of workers and the technical requirements of inspection should be the primordial criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped. It should be for the inspector to decide whether a visit is reasonable and inspections should only be carried out at night or outside working hours where this is warranted. The Committee once again requests the Government to take the necessary measures to remove the restriction on the right of labour inspectors to enter freely workplaces from section 124(1)(a) of the Labour Act of 2003 and to keep the ILO informed.

Article 3(1) and Articles 17 and 18. Inspection duties. Enforcement of legal provisions relating to the conditions of work and the protection of workers. Legal proceedings and provision of adequate penalties for violation of legislation. In its previous report, the Government indicated that it wishes to encourage compliance with legal provisions through the promotion of a social partnership attentive to the mutual interests of employers and workers, rather than through legal proceedings against employers who have committed a violation. The Committee requested the Government to provide practical information on any mechanisms established to that effect and to specify the role of labour inspectors in this regard. It notes that, in its report of 2008, the Government only reaffirms that it wishes to promote partnership and compromise between employers and workers. The report provides no information on the findings of the labour inspectors during the visits that they conducted in workplaces throughout the country in 2007, nor on any actions undertaken following such inspections. The Committee would like to draw the Government’s attention to paragraph 280 of its General Survey, in which it emphasizes that, even if the credibility of any inspectorate depends to a large extent on its ability to advise employers and workers on the most effective means of complying with the legal provisions within its remit, it also depends on the existence and implementation of a sufficiently dissuasive enforcement mechanism, the functions of enforcement and advice being inseparable in practice.

The Committee requests the Government to take appropriate measures to ensure that legal provisions relating to the conditions of work and the protection of workers are effectively enforced through legal proceedings where necessary. It further requests the Government to provide information on the violations reported by labour inspectors and the fines imposed to employers in accordance with section 38 of the Labour Regulations adopted in 2007, during the reporting period, and to specify the value of a “penalty unit” and the manner in which such value may be revised to remain dissuasive in the event of monetary inflation. The Government is also requested to indicate the measures taken to ensure that such penalties were effectively enforced.

Articles 19, 20 and 21. Periodical reports and annual report on the work of the labour inspection services. While noting the information on the number of inspections carried out in 2007 and during the first quarter of 2008, the Committee emphasizes that, by virtue of the ratification of the Convention, the Government undertook to ensure that practical measures would be taken to centralize information required under Article 21, with a view to preparing an annual labour inspection report, the main purpose of which is to serve as a basis for the periodical assessment by the central inspection authority of the adequacy of the available resources in relation to needs and, consequently, to determine priority areas of action. The Committee requests the Government take measures rapidly to establish the conditions in which the central labour inspection authority can collect data on the activities of the services under its control with a view to publish an annual report on the work of the inspection system containing information on the following subjects:

• (a) relevant laws and regulations;
• (b) staff of the labour inspection services (including the number, geographical location and distribution of inspectors by gender and by category);
• (c) statistics of workplaces liable to inspection (number and geographical distribution) and the number of workers employed therein (men, women, young persons);
• (d) statistics of inspection visits (unannounced, scheduled and follow-up visits, visits following a complaint, etc.);
• (e) statistics of violations and penalties imposed (number of violations reported, legal provisions concerned, types of sanctions imposed, etc.);
• (f) statistics of industrial accidents (number of fatal and non-fatal accidents); and
• (g) statistics of cases of occupational disease (number and causes by industry and occupation).

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 near future.

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

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:

Repetition

With reference to its observation, the Committee would be grateful if the Government would provide additional information on the following points.

Articles 1, 4, 9, 10, 11 and 16 of the Convention. Organization and functioning of the labour inspection system. The Committee notes the Government’s commitment to establishing the necessary systems and infrastructure to allow for effective establishment inspection. It also indicates that it is in the process of providing IT resources, such as computers and technical equipment. According to the information provided in its 2008 report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), the lack of capacity building and logistics for labour inspection supervision, and non-enforcement of laws are major difficulties but the Government has helped the Labour Department and the Department of Factories and Inspectorate, through human resource development and the provision of logistics and equipment, to increase their capacities. These departments are undergoing needs assessment and organizational rearrangement to meet their requirements in labour inspection duties. The Committee further notes that the Government has enhanced its commitment to enable the staff of these departments to undertake some of the training courses run by the ILO–ARLAC (African Regional Labour Administration Centre) to strengthen their capacities aimed at providing effective labour inspection.

The Committee would be grateful if the Government would provide detailed information on the structure of the existing labour inspection system, the results of the assessment undertaken and any measures taken or envisaged to reorganize the labour inspectorate.

Noting with concern the small number of visits carried out (106 to 147 according to the statistics provided by the Government) and of workers covered by such visits (1,647) in 2007, the Committee requests the Government to describe, in particular, any measures taken, in terms of strengthening staff numbers, training of staff, allocation of transport facilities and logistical means, with a view to ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions covered by the Convention, in accordance with Article 16.

The Committee requests once again the Government to describe the procedure applicable for the reimbursement to labour inspectors of their occupational transport and travel expenses, and to communicate a copy of any relevant legal provisions.

Article 5(a) and (b). Cooperation with other bodies and collaboration with employers and workers. The Committee requests the Government to indicate arrangements made by the competent authority to promote:

• (a) effective cooperation between the inspection services and other government services and public institutions; and
• (b) collaboration between officials of the labour inspectorate and employers and workers or their organizations, in particular with regard to the partnership approach encouraged by the Government.

Articles 14 and 21(f) and (g). Notification of industrial accidents and cases of occupational disease. Publication of relevant statistics. In its previous comments, the Committee requested the Government to indicate the manner in which inspectors are notified in practice of occupational accidents and relevant statistics are produced and used by the inspection services with a view to developing a strategy for preventing risks. The Committee notes that, according to section 18(2) of the Labour Regulations issued in 2007, these occurrences should be reported to “the Chief Labour Officer or the Inspector of Factories”.

The Committee would like to emphasize that the purpose of such notification is to enable the labour inspectorate to identify the occupational risks inherent in the various activities carried out in the workplaces liable to inspection and determine appropriate preventive action to be implemented at the local and national levels. The Committee would be grateful if the Government would describe any mechanism established to that end (through reporting forms, etc.) and its operation since the entry in force of the above mentioned regulations. It further requests the Government to indicate the number of industrial accidents and cases of occupational disease reported to the labour inspection services by employers during the next reporting period and to take the necessary measures to ensure that such statistical data will be included in the annual report of the work of the labour inspectorate.

Labour inspection and child labour. The Committee would be grateful if the Government would provide information on the activities performed by labour inspectors in the field of child labour and the results achieved. It also request the Government to supply a copy of the inspection form designed to register such information, if any.

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

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

Repetition

Article 12(1)(a) of the Convention. Right of labour inspectors to enter freely workplaces liable to inspection. In its previous comments, the Committee pointed out that section 124(1)(a) of the 2003 Labour Act, which limits the timing of workplace inspections to “working hours”, is not compatible with Article 12(1)(a) of the Convention. It notes the Government’s indication that the above provision of the Labour Act is sufficient to uncover clandestine moves by employers. Referring to its General Survey of 2006 on labour inspection (paragraphs 268–271), the Committee wishes to recall that the conditions for the exercise of the right of free entry to workplaces laid down by the Convention are intended to allow inspectors to carry out inspections, where necessary and possible, to enforce the application of legal provisions relating to conditions of work. The protection of workers and the technical requirements of inspection should be the primordial criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped. It should be for the inspector to decide whether a visit is reasonable and inspections should only be carried out at night or outside working hours where this is warranted. The Committee once again requests the Government to take the necessary measures to remove the restriction on the right of labour inspectors to enter freely workplaces from section 124(1)(a) of the Labour Act of 2003 and to keep the ILO informed.

Article 3(1) and Articles 17 and 18. Inspection duties. Enforcement of legal provisions relating to the conditions of work and the protection of workers. Legal proceedings and provision of adequate penalties for violation of legislation. In its previous report, the Government indicated that it wishes to encourage compliance with legal provisions through the promotion of a social partnership attentive to the mutual interests of employers and workers, rather than through legal proceedings against employers who have committed a violation. The Committee requested the Government to provide practical information on any mechanisms established to that effect and to specify the role of labour inspectors in this regard. It notes that, in its report of 2008, the Government only reaffirms that it wishes to promote partnership and compromise between employers and workers. The report provides no information on the findings of the labour inspectors during the visits that they conducted in workplaces throughout the country in 2007, nor on any actions undertaken following such inspections. The Committee would like to draw the Government’s attention to paragraph 280 of its General Survey, in which it emphasizes that, even if the credibility of any inspectorate depends to a large extent on its ability to advise employers and workers on the most effective means of complying with the legal provisions within its remit, it also depends on the existence and implementation of a sufficiently dissuasive enforcement mechanism, the functions of enforcement and advice being inseparable in practice.

The Committee requests the Government to take appropriate measures to ensure that legal provisions relating to the conditions of work and the protection of workers are effectively enforced through legal proceedings where necessary. It further requests the Government to provide information on the violations reported by labour inspectors and the fines imposed to employers in accordance with section 38 of the Labour Regulations adopted in 2007, during the reporting period, and to specify the value of a “penalty unit” and the manner in which such value may be revised to remain dissuasive in the event of monetary inflation. The Government is also requested to indicate the measures taken to ensure that such penalties were effectively enforced.

Articles 19, 20 and 21. Periodical reports and annual report on the work of the labour inspection services. While noting the information on the number of inspections carried out in 2007 and during the first quarter of 2008, the Committee emphasizes that, by virtue of the ratification of the Convention, the Government undertook to ensure that practical measures would be taken to centralize information required under Article 21, with a view to preparing an annual labour inspection report, the main purpose of which is to serve as a basis for the periodical assessment by the central inspection authority of the adequacy of the available resources in relation to needs and, consequently, to determine priority areas of action. The Committee requests the Government take measures rapidly to establish the conditions in which the central labour inspection authority can collect data on the activities of the services under its control with a view to publish an annual report on the work of the inspection system containing information on the following subjects:

• (a) relevant laws and regulations;
• (b) staff of the labour inspection services (including the number, geographical location and distribution of inspectors by gender and by category);
• (c) statistics of workplaces liable to inspection (number and geographical distribution) and the number of workers employed therein (men, women, young persons);
• (d) statistics of inspection visits (unannounced, scheduled and follow-up visits, visits following a complaint, etc.);
• (e) statistics of violations and penalties imposed (number of violations reported, legal provisions concerned, types of sanctions imposed, etc.);
• (f) statistics of industrial accidents (number of fatal and non-fatal accidents); and
• (g) statistics of cases of occupational disease (number and causes by industry and occupation).

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 near future.

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

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:

With reference to its observation, the Committee would be grateful if the Government would provide additional information on the following points.

Articles 1, 4, 9, 10, 11 and 16 of the Convention. Organization and functioning of the labour inspection system. The Committee notes the Government’s commitment to establishing the necessary systems and infrastructure to allow for effective establishment inspection. It also indicates that it is in the process of providing IT resources, such as computers and technical equipment. According to the information provided in its 2008 report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), the lack of capacity building and logistics for labour inspection supervision, and non-enforcement of laws are major difficulties but the Government has helped the Labour Department and the Department of Factories and Inspectorate, through human resource development and the provision of logistics and equipment, to increase their capacities. These departments are undergoing needs assessment and organizational rearrangement to meet their requirements in labour inspection duties. The Committee further notes that the Government has enhanced its commitment to enable the staff of these departments to undertake some of the training courses run by the ILO–ARLAC (African Regional Labour Administration Centre) to strengthen their capacities aimed at providing effective labour inspection.

The Committee would be grateful if the Government would provide detailed information on the structure of the existing labour inspection system, the results of the assessment undertaken and any measures taken or envisaged to reorganize the labour inspectorate.

Noting with concern the small number of visits carried out (106 to 147 according to the statistics provided by the Government) and of workers covered by such visits (1,647) in 2007, the Committee requests the Government to describe, in particular, any measures taken, in terms of strengthening staff numbers, training of staff, allocation of transport facilities and logistical means, with a view to ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions covered by the Convention, in accordance with Article 16.

The Committee requests once again the Government to describe the procedure applicable for the reimbursement to labour inspectors of their occupational transport and travel expenses, and to communicate a copy of any relevant legal provisions.

Article 5(a) and (b). Cooperation with other bodies and collaboration with employers and workers. The Committee requests the Government to indicate arrangements made by the competent authority to promote:

(a)   effective cooperation between the inspection services and other government services and public institutions; and

(b)   collaboration between officials of the labour inspectorate and employers and workers or their organizations, in particular with regard to the partnership approach encouraged by the Government.

Articles 14 and 21(f) and (g). Notification of industrial accidents and cases of occupational disease. Publication of relevant statistics. In its previous comments, the Committee requested the Government to indicate the manner in which inspectors are notified in practice of occupational accidents and relevant statistics are produced and used by the inspection services with a view to developing a strategy for preventing risks. The Committee notes that, according to section 18(2) of the Labour Regulations issued in 2007, these occurrences should be reported to “the Chief Labour Officer or the Inspector of Factories”.

The Committee would like to emphasize that the purpose of such notification is to enable the labour inspectorate to identify the occupational risks inherent in the various activities carried out in the workplaces liable to inspection and determine appropriate preventive action to be implemented at the local and national levels. The Committee would be grateful if the Government would describe any mechanism established to that end (through reporting forms, etc.) and its operation since the entry in force of the above mentioned regulations. It further requests the Government to indicate the number of industrial accidents and cases of occupational disease reported to the labour inspection services by employers during the next reporting period and to take the necessary measures to ensure that such statistical data will be included in the annual report of the work of the labour inspectorate.

Labour inspection and child labour. The Committee would be grateful if the Government would provide information on the activities performed by labour inspectors in the field of child labour and the results achieved. It also request the Government to supply a copy of the inspection form designed to register such information, if any.

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

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

The Committee notes the Government’s report covering the period ending in September 2008 and the attached statistical data on the number of inspections conducted in 2007 and the first quarter of 2008, and of workers covered by these inspections.

Article 12, paragraph 1(a), of the Convention. Right of labour inspectors to enter freely workplaces liable to inspection. In its previous comments, the Committee pointed out that section 124(1)(a) of the 2003 Labour Act, which limits the timing of workplace inspections to “working hours”, is not compatible with Article 12(1)(a) of the Convention. It notes the Government’s indication that the above provision of the Labour Act is sufficient to uncover clandestine moves by employers. Referring to its General Survey of 2006 on labour inspection
(paragraphs 268–271), the Committee wishes to recall that the conditions for the exercise of the right of free entry to workplaces laid down by the Convention are intended to allow inspectors to carry out inspections, where necessary and possible, to enforce the application of legal provisions relating to conditions of work. The protection of workers and the technical requirements of inspection should be the primordial criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped. It should be for the inspector to decide whether a visit is reasonable and inspections should only be carried out at night or outside working hours where this is warranted. The Committee once again requests the Government to take the necessary measures to remove the restriction on the right of labour inspectors to enter freely workplaces from section 124(1)(a) of the Labour Act of 2003 and to keep the ILO informed.

Article 3, paragraph 1, and Articles 17 and 18. Inspection duties. Enforcement of legal provisions relating to the conditions of work and the protection of workers. Legal proceedings and provision of adequate penalties for violation of legislation. In its previous report, the Government indicated that it wishes to encourage compliance with legal provisions through the promotion of a social partnership attentive to the mutual interests of employers and workers, rather than through legal proceedings against employers who have committed a violation. The Committee requested the Government to provide practical information on any mechanisms established to that effect and to specify the role of labour inspectors in this regard. It notes that, in its report of 2008, the Government only reaffirms that it wishes to promote partnership and compromise between employers and workers. The report provides no information on the findings of the labour inspectors during the visits that they conducted in workplaces throughout the country in 2007, nor on any actions undertaken following such inspections. The Committee would like to draw the Government’s attention to paragraph 280 of its General Survey, in which it emphasizes that, even if the credibility of any inspectorate depends to a large extent on its ability to advise employers and workers on the most effective means of complying with the legal provisions within its remit, it also depends on the existence and implementation of a sufficiently dissuasive enforcement mechanism, the functions of enforcement and advice being inseparable in practice.

The Committee requests the Government to take appropriate measures to ensure that legal provisions relating to the conditions of work and the protection of workers are effectively enforced through legal proceedings where necessary. It further requests the Government to provide information on the violations reported by labour inspectors and the fines imposed to employers in accordance with section 38 of the Labour Regulations adopted in 2007, during the reporting period, and to specify the value of a “penalty unit” and the manner in which such value may be revised to remain dissuasive in the event of monetary inflation. The Government is also requested to indicate the measures taken to ensure that such penalties were effectively enforced.

Articles 19, 20 and 21. Periodical reports and annual report on the work of the labour inspection services. While noting the information on the number of inspections carried out in 2007 and during the first quarter of 2008, the Committee emphasizes that, by virtue of the ratification of the Convention, the Government undertook to ensure that practical measures would be taken to centralize information required under Article 21, with a view to preparing an annual labour inspection report, the main purpose of which is to serve as a basis for the periodical assessment by the central inspection authority of the adequacy of the available resources in relation to needs and, consequently, to determine priority areas of action. The Committee requests the Government take measures rapidly to establish the conditions in which the central labour inspection authority can collect data on the activities of the services under its control with a view to publish an annual report on the work of the inspection system containing information on the following subjects:

(a)   relevant laws and regulations;

(b)   staff of the labour inspection services (including the number, geographical location and distribution of inspectors by gender and by category);

(c)    statistics of workplaces liable to inspection (number and geographical distribution) and the number of workers employed therein (men, women, young persons);

(d)   statistics of inspection visits (unannounced, scheduled and follow-up visits, visits following a complaint, etc.);

(e)    statistics of violations and penalties imposed (number of violations reported, legal provisions concerned, types of sanctions imposed, etc.);

(f)    statistics of industrial accidents (number of fatal and non-fatal accidents); and

(g)   statistics of cases of occupational disease (number and causes by industry and occupation).

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 near future.

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

With reference to its observation, the Committee would be grateful if the Government would provide additional information on the following points.

Articles 1, 4, 9, 10, 11 and 16 of the Convention. Organization and functioning of the labour inspection system. The Committee notes the Government’s commitment to establishing the necessary systems and infrastructure to allow for effective establishment inspection. It also indicates that it is in the process of providing IT resources, such as computers and technical equipment. According to the information provided in its 2008 report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), the lack of capacity building and logistics for labour inspection supervision, and non-enforcement of laws are major difficulties but the Government has helped the Labour Department and the Department of Factories and Inspectorate, through human resource development and the provision of logistics and equipment, to increase their capacities. These departments are undergoing needs assessment and organizational rearrangement to meet their requirements in labour inspection duties. The Committee further notes that the Government has enhanced its commitment to enable the staff of these departments to undertake some of the training courses run by the ILO–ARLAC (African Regional Labour Administration Centre) to strengthen their capacities aimed at providing effective labour inspection.

The Committee would be grateful if the Government would provide detailed information on the structure of the existing labour inspection system, the results of the assessment undertaken and any measures taken or envisaged to reorganize the labour inspectorate.

Noting with concern the small number of visits carried out (106 to 147 according to the statistics provided by the Government) and of workers covered by such visits (1,647) in 2007, the Committee requests the Government to describe, in particular, any measures taken, in terms of strengthening staff numbers, training of staff, allocation of transport facilities and logistical means, with a view to ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions covered by the Convention, in accordance with Article 16.

The Committee requests once again the Government to describe the procedure applicable for the reimbursement to labour inspectors of their occupational transport and travel expenses, and to communicate a copy of any relevant legal provisions.

Article 5(a) and (b). Cooperation with other bodies and collaboration with employers and workers. The Committee requests the Government to indicate arrangements made by the competent authority to promote:

(a)   effective cooperation between the inspection services and other government services and public institutions; and

(b)   collaboration between officials of the labour inspectorate and employers and workers or their organizations, in particular with regard to the partnership approach encouraged by the Government.

Articles 14 and 21(f) and (g). Notification of industrial accidents and cases of occupational disease. Publication of relevant statistics. In its previous comments, the Committee requested the Government to indicate the manner in which inspectors are notified in practice of occupational accidents and relevant statistics are produced and used by the inspection services with a view to developing a strategy for preventing risks. The Committee notes with interest that, according to section 18(2) of the Labour Regulations issued in 2007, these occurrences should be reported to “the Chief Labour Officer or the Inspector of Factories”.

The Committee would like to emphasize that the purpose of such notification is to enable the labour inspectorate to identify the occupational risks inherent in the various activities carried out in the workplaces liable to inspection and determine appropriate preventive action to be implemented at the local and national levels. The Committee would be grateful if the Government would describe any mechanism established to that end (through reporting forms, etc.) and its operation since the entry in force of the above mentioned regulations. It further requests the Government to indicate the number of industrial accidents and cases of occupational disease reported to the labour inspection services by employers during the next reporting period and to take the necessary measures to ensure that such statistical data will be included in the annual report of the work of the labour inspectorate.

Labour inspection and child labour. The Committee would be grateful if the Government would provide information on the activities performed by labour inspectors in the field of child labour and the results achieved. It also request the Government to supply a copy of the inspection form designed to register such information, if any.

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

The Committee notes the Government’s report covering the period ending in September 2008 and the attached statistical data on the number of inspections conducted in 2007 and the first quarter of 2008, and of workers covered by these inspections.

Article 12, paragraph 1(a), of the Convention. Right of labour inspectors to enter freely workplaces liable to inspection. In its previous comments, the Committee pointed out that section 124(1)(a) of the 2003 Labour Act, which limits the timing of workplace inspections to “working hours”, is not compatible with Article 12(1)(a) of the Convention. It notes the Government’s indication that the above provision of the Labour Act is sufficient to uncover clandestine moves by employers. Referring to its General Survey of 2006 on labour inspection (paragraphs 268–271), the Committee wishes to recall that the conditions for the exercise of the right of free entry to workplaces laid down by the Convention are intended to allow inspectors to carry out inspections, where necessary and possible, to enforce the application of legal provisions relating to conditions of work. The protection of workers and the technical requirements of inspection should be the primordial criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped. It should be for the inspector to decide whether a visit is reasonable and inspections should only be carried out at night or outside working hours where this is warranted. The Committee once again requests the Government to take the necessary measures to remove the restriction on the right of labour inspectors to enter freely workplaces from section 124(1)(a) of the Labour Act of 2003 and to keep the ILO informed.

Article 3, paragraph 1, and Articles 17 and 18. Inspection duties. Enforcement of legal provisions relating to the conditions of work and the protection of workers. Legal proceedings and provision of adequate penalties for violation of legislation. In its previous report, the Government indicated that it wishes to encourage compliance with legal provisions through the promotion of a social partnership attentive to the mutual interests of employers and workers, rather than through legal proceedings against employers who have committed a violation. The Committee requested the Government to provide practical information on any mechanisms established to that effect and to specify the role of labour inspectors in this regard. It notes that, in its report of 2008, the Government only reaffirms that it wishes to promote partnership and compromise between employers and workers. The report provides no information on the findings of the labour inspectors during the visits that they conducted in workplaces throughout the country in 2007, nor on any actions undertaken following such inspections. The Committee would like to draw the Government’s attention to paragraph 280 of its General Survey, in which it emphasizes that, even if the credibility of any inspectorate depends to a large extent on its ability to advise employers and workers on the most effective means of complying with the legal provisions within its remit, it also depends on the existence and implementation of a sufficiently dissuasive enforcement mechanism, the functions of enforcement and advice being inseparable in practice.

The Committee requests the Government to take appropriate measures to ensure that legal provisions relating to the conditions of work and the protection of workers are effectively enforced through legal proceedings where necessary. It further requests the Government to provide information on the violations reported by labour inspectors and the fines imposed to employers in accordance with section 38 of the Labour Regulations adopted in 2007, during the reporting period, and to specify the value of a “penalty unit” and the manner in which such value may be revised to remain dissuasive in the event of monetary inflation. The Government is also requested to indicate the measures taken to ensure that such penalties were effectively enforced.

Articles 19, 20 and 21. Periodical reports and annual report on the work of the labour inspection services. While noting the information on the number of inspections carried out in 2007 and during the first quarter of 2008, the Committee emphasizes that, by virtue of the ratification of the Convention, the Government undertook to ensure that practical measures would be taken to centralize information required under Article 21, with a view to preparing an annual labour inspection report, the main purpose of which is to serve as a basis for the periodical assessment by the central inspection authority of the adequacy of the available resources in relation to needs and, consequently, to determine priority areas of action. The Committee requests the Government take measures rapidly to establish the conditions in which the central labour inspection authority can collect data on the activities of the services under its control with a view to publish an annual report on the work of the inspection system containing information on the following subjects:

(a)   relevant laws and regulations;

(b)   staff of the labour inspection services (including the number, geographical location and distribution of inspectors by gender and by category);

(c)   statistics of workplaces liable to inspection (number and geographical distribution) and the number of workers employed therein (men, women, young persons);

(d)   statistics of inspection visits (unannounced, scheduled and follow-up visits, visits following a complaint, etc.);

(e)   statistics of violations and penalties imposed (number of violations reported, legal provisions concerned, types of sanctions imposed, etc.);

(f)    statistics of industrial accidents (number of fatal and non-fatal accidents); and

(g)   statistics of cases of occupational disease (number and causes by industry and occupation).

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 Government’s brief reply to its previous comments. It notes with interest the provisions of the 2003 Labour Code which give substantial effect to numerous provisions of the Convention and requests the Government to provide a copy of any text issued under the Labour Code concerning the organization, work and means of action of the labour inspectorate, for the purposes set out in the Convention. It also requests the Government to provide practical information on the action taken by the Labour Department and the National Labour Commission on the results of  inspections brought to their attention by inspectors.

Article 12, paragraph 1, of the Convention. Right of inspectors to enter freely workplaces liable to inspection. The Committee notes that the right of labour inspectors to enter workplaces, as defined by section 124(a) of the Labour Act, is not in conformity with the requirements of Article 12, paragraph 1(a), of the Convention. Their right of entry should be extended so that it can be exercised not only during working hours, but also at any hour, including periods when work is not in progress, in workplaces liable to inspection. Labour inspectors could then carry out technical inspections requiring machinery to be stopped and verify, if necessary, that clandestine work is not being carried out in workplaces during periods when they are officially closed. The Committee therefore requests the Government to take measures to supplement the relevant legislation to extend the right of free entry of labour inspectors to periods that do not coincide with the working hours of the establishment and to keep the ILO informed.

Article 11. Means of action of labour inspectors. The Committee would be grateful if the Government would describe as precisely as possible the material resources of labour inspectors (location and layout of inspection offices, IT resources, telephones and technical equipment), as well as the transport facilities at their disposal to travel to workplaces for inspection purposes. The Committee also requests the Government to describe the procedure for the payment or reimbursement of their travel expenses to that end and to provide a copy of any relevant text, as well as information on the measures taken or envisaged to strengthen the resources of the labour inspection services for the purposes set out in the Convention.

Article 14. Notification to the labour inspectorate of industrial accidents and cases of occupational disease. The Government is requested to indicate the manner in which inspectors are notified in practice of occupational accidents and in which the relevant statistics are produced and used by the inspection services with a view to developing a strategy for preventing risks.

Articles 17 and 18. Impact of labour inspection actions on the extent to which the legal provisions covered by the Convention are applied by employers. In the absence of information on inspection activities and their results, the Committee is not in a position to assess the impact of the new approach to labour inspection which, according to the Government, favours a social partnership attentive to the mutual interests of employers and workers in improved protection for workers with a view to increasing productivity, rather than taking legal proceedings against employers who have committed a violation. The Committee would be grateful if the Government would provide practical information on the mechanisms established in this regard, specify the role assigned to inspectors and provide information on the impact, in practice, of the new approach of the labour inspectorate relating to conditions of work in workplaces liable to inspection, supported in so far as possible by practical examples backed up by figures.

Articles 20 and 21. Annual report on the work of the labour inspection services. The Committee notes that the annual inspection report for 2006 was not ready when the Government’s report was sent. It hopes that the annual report will be published in the near future and that a copy will be provided to the ILO in good time, in accordance with Article 20 of the Convention. The Committee would be grateful if the Government would also provide with its next report any statistics available on the subjects referred to in Article 21(c) to (g) for previous years so that the Committee can assess developments in the inspection system and the extent of its coverage in relation to the number of workplaces liable to inspection and the number of workers covered.

Labour inspection and child labour. Noting the information provided by the Government in its report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), concerning the measures to combat child labour implemented in the context of various programmes and in different sectors of activity, the Committee requests the Government to provide information in its next report on this Convention on the material, logistical and practical resources made available to labour inspectors to enable them to discharge the duties entrusted to them by the relevant legislation. The Committee would be grateful if the Government would also specify the delay between the notification by the labour inspector to the police of a violation of the legislation on child labour and the implementation by the police of the appropriate action to bring an end to the violation and to punish the person responsible, and if it would provide information on the results of the inspection activities carried out in this regard. Finally, the Government is requested to indicate the manner in which it ensures that labour inspectors are informed of the action taken as a result of their reports in order to ensure the relevant follow-up of the workplaces concerned.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report and the information contained therein in response to its previous comments. It also notes the provisions of the Labour Act of 2003 (Act No. 651) covering in particular labour inspection activities, powers of inspection and injunction, as well as the duties of the inspectors. The Committee would be grateful if the Government would provide in its next report additional information on the following points.

1. Initial and subsequent training for labour inspectors. Please indicate the arrangements made to ensure the provision of an induction course for assistant labour inspectors, as well as the effective establishment of training for serving labour inspectors, stating the number of participants (Article 7, paragraph 3, of the Convention).

2. Facilities available to labour inspectors. Referring to its previous comments, the Committee notes that the needs identified by the labour inspection system for the 2005-06 budget include the recruitment of 105 inspectors and the acquisition of 50 motorbikes and 55 saloon cars. It requests the Government to provide information on any measures taken with a view to strengthening the inspection staff (Article 10) and the transport facilities available to labour inspectors (Article 11, paragraph 1(b)).

3. Free access to workplaces liable to inspection. The Committee notes that, pursuant to section 124(1)(a) of the Labour Act, labour inspectors can enter freely and without previous notice at any hour of the day or night any workplace liable to inspection during working hours. The Committee points out in this regard that the Convention does not envisage the restriction of inspection visits simply to working hours. It requests the Government to indicate the measures taken or envisaged to give full effect in this regard to Article 12, paragraph 1(b), of the Convention. The Committee also requests the Government to indicate whether, in accordance with Article 12, paragraph 2, labour inspectors may, when carrying out inspection visits, to abstain from notifying the employer or his representative of their presence should they consider that such notification may be prejudicial to the performance of their duties.

4. Notification of industrial accidents and cases of occupational disease. Please indicate whether the labour inspectorate is notified of the industrial accidents and cases of occupational disease provided for in section 120 of the Labour Act (Article 14).

5. Legal proceedings and penalties. The Committee notes that section 126 of the Labour Act establishes sanctions for obstructing labour inspectors in the exercise of their duties. It also notes that section 124 establishes penalties in the case of employers failing to comply with the injunctions of inspectors in cases of imminent danger to the health or safety of workers. The Committee, which notes the Government’s statement that most of the penal sanctions have been removed from the Act, requests the Government to indicate the manner in which it ensures that penalties for violations of the legal provisions, the application of which enforced by the labour inspectorate, are envisaged by the national legislation and effectively applied, in accordance with the provisions of Articles 17 and 18 of the Convention.

6. Publication of an annual report. The Committee notes that no reports have been transmitted to the International Labour Office since 1999. It requests the Government to ensure that an annual report containing all the information required by Article 21 is published and transmitted to the International Labour Office in the form and within the period set out by Article 20.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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 containing information which replies in part to its previous comments, and the annual reports of the Labour Department for 1999-2000.

Article 5 of the Convention. With reference to its previous comments, the Committee requests the Government to continue to provide information on developments regarding the draft proposal on the integration of the two labour inspection systems.

Article 7. Noting the Government’s request for technical assistance from the Office in order to train young labour inspectors, the Committee would be grateful if the Government would indicate arrangements made for this purpose and their results.

Article 8. Noting that a Woman’s Desk was created in 2001 within the Labour Department to be responsible for dealing with women’s issues at work, including sexual harassment, the Committee again asks the Government to indicate whether the labour inspectorate comprises women and, if so, whether they are to be assigned specific duties in view of the creation of the new Woman’s Desk.

Articles 10, 11 and 16. The Committee notes that in 2000, of the 246 posts planned in the labour inspectorate, only 90 have been filled and only 46 assistant labour inspectors have been appointed out of the planned 142. Noting further that the annual reports of the Labour Department point out the inadequate financial and logistic resources of the labour inspectorate, the Committee asks the Government to provide information on any measures taken or envisaged to identify needs in these areas, so as to determine the requisite resources to make the inspection services more effective.

Articles 17 and 18. The Committee notes that the national legislation provides for fines for breaches of the legal provisions enforceable by labour inspectors and for obstructing inspectors in the performance of their duties. The Committee notes, however, that the Labour Department reports for 1998-2000 contain no statistics on the infringements recorded and penalties imposed; that the report for 2000 indicates that no employers were prosecuted but that in the course of their visits, labour inspectors gave orders for remedial measures to secure compliance with the law. The Committee therefore asks the Government to indicate whether there were no prosecutions because the remedial measures ordered were carried out to the inspectors’ satisfaction, or because the inspectors lack the material resources to ascertain whether their orders have been carried out.

Articles 20 and 21(c), (e) and (g). With reference to its previous comments, the Committee notes the information in the 1999 and 2000 annual reports of the Labour Department. It again notes the lack of statistical information on the number of establishments subject to inspection and the number of workers employed; the violations committed and the penalties imposed; and occupational diseases. It hopes that the Government will take the necessary steps to ensure that an annual inspection report containing information on all the items listed in Article 21 is sent to the ILO within the time limits prescribed by Article 20.

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

The Committee notes the Government’s reports containing information which replies in part to its previous comments, and the annual reports of the Labour Department for 1999-2000.

Article 5 of the Convention. With reference to its previous comments, the Committee requests the Government to continue to provide information on developments regarding the draft proposal on the integration of the two labour inspection systems.

Article 7. Noting the Government’s request for technical assistance from the Office in order to train young labour inspectors, the Committee would be grateful if the Government would indicate arrangements made for this purpose and their results.

Article 8. Noting that a Woman’s Desk was created in 2001 within the Labour Department to be responsible for dealing with women’s issues at work, including sexual harassment, the Committee again asks the Government to indicate whether the labour inspectorate comprises women and, if so, whether they are to be assigned specific duties in view of the creation of the new Woman’s Desk.

Articles 10, 11 and 16. The Committee notes that in 2000, of the 246 posts planned in the labour inspectorate, only 90 have been filled and only 46 assistant labour inspectors have been appointed out of the planned 142. Noting further that the annual reports of the Labour Department point out the inadequate financial and logistic resources of the labour inspectorate, the Committee asks the Government to provide information on any measures taken or envisaged to identify needs in these areas, so as to determine the requisite resources to make the inspection services more effective.

Articles 17 and 18. The Committee notes that the national legislation provides for fines for breaches of the legal provisions enforceable by labour inspectors and for obstructing inspectors in the performance of their duties. The Committee notes, however, that the Labour Department reports for 1998-2000 contain no statistics on the infringements recorded and penalties imposed; that the report for 2000 indicates that no employers were prosecuted but that in the course of their visits, labour inspectors gave orders for remedial measures to secure compliance with the law. The Committee therefore asks the Government to indicate whether there were no prosecutions because the remedial measures ordered were carried out to the inspectors’ satisfaction, or because the inspectors lack the material resources to ascertain whether their orders have been carried out.

Articles 20 and 21(c), (e) and (g). With reference to its previous comments, the Committee notes the information in the 1999 and 2000 annual reports of the Labour Department. It again notes the lack of statistical information on the number of establishments subject to inspection and the number of workers employed; the violations committed and the penalties imposed; and occupational diseases. It hopes that the Government will take the necessary steps to ensure that an annual inspection report containing information on all the items listed in Article 21 is sent to the ILO within the time limits prescribed by Article 20.

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

Referring also to its observation, the Committee notes the information contained in the Government’s reports as well as in the 1998 Annual Report of the Labour Department. The Committee notes that the latter contains some of the information required under Article 21 of the Convention. It notes, however, the lack of statistics of workplaces liable to inspection and the number of workers employed therein (21(c)); violations and penalties imposed (21(e)) and occupational diseases (21(g)). Noting the Government’s statement that the annual report for 1999 will be published shortly, the Committee hopes that this document will contain information on the subjects included in the 1998 report but also on the matters referred to in (c), (e) and (g) mentioned above and that it will be published and sent to the ILO within the time limits prescribed by Article 20.

The Committee notes, furthermore, that one of the Government’s two reports, under Article 5, states that plans are under way for the reintegration of the two inspectorate systems. It requests the Government to supply further information on the matter and to indicate the impact of this measure on application of the Convention.

Noting the indication that Article 8 is applied, the Committee would be grateful if the Government would provide further information on the manner in which it is given effect and to indicate in particular whether certain duties are assigned specifically to women inspectors.

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

Further to its previous observation, the Committee notes the information supplied in the Government’s reply. The Committee notes in particular with interest the information indicating the recruitment in 1996 of 23 extra inspectors and hopes that the Government will be in a position to indicate a tangible improvement in the effectiveness of the inspection service in regard to Articles 10 and 16 of the Convention.

The Committee is addressing a request in regard to the application of Articles 5, 8, 20 and 21 directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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:

The Committee requests the Government to provide detailed information on the activities of the Factory Inspectorate, in accordance with the ILO report form for this Convention.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following matters.

Article 3, paragraph 1, and Articles 10 and 16 of the Convention. In its previous comments the Committee referred to the lack of human and material means at the disposal of the labour inspection and to the drop in labour inspection activities. It noted the indication that the reinforcement of labour inspection was among the Government's priorities. The Committee again expresses the hope that the Government will provide information on any further measures taken to this effect. Articles 20 and 21. The Committee has previously noted the consolidated report by the Labour Department covering the period 1975-90, which gives some indications on establishment inspections, but does not provide all the information required under Article 21. The Committee expresses once again the hope that the Government will take the appropriate measures to ensure that annual inspection reports, containing precise information on all the matters enumerated in Article 21, are published and transmitted to the ILO within the time limits set out in Article 20. Referring also to its 1996 general observation under the Convention relating to the practical guidelines for collection, recording and communication of reliable data on occupational accidents and diseases contained in the 1996 ILO publication Recording and notification of occupational accidents and diseases, the Committee hopes that the Government will report on any progress in this regard.

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

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

The Committee requests the Government to provide detailed information on the activities of the Factory Inspectorate under the Occupational Safety and Health Department of the Ministry of Mobilization and Social Welfare, in accordance with the ILO report form for this Convention.

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

Articles 3, paragraph 1, 10 and 16 of the Convention. In its previous comments the Committee noted that the number of inspectors had dropped from 171 (in 1991) to 98 (in 1995) and the number of inspection visits from 907 (in 1991) to 413 (in 1992). The Committee also noted that most of the vehicles at the disposal of the labour inspectors had broken down and that the reimbursement of travelling expenses to labour inspectors was delayed. The Committee notes the Government's indication in its latest report that nine labour officers and 34 labour inspectors had been recruited in 1996, two vehicles acquired, travel allowances paid and that there were 1,139 inspection visits between July 1995 to June 1996. Noting the Government's statement that one of the Labour Department's prioritized functions is the need to enhance labour inspection activities, with a view to ensuring the effective application of the relevant laws, the Committee hopes that the Government will provide information on any further measures taken to enhance labour inspection, in particular by making available the necessary human and material means to ensure that workplaces are inspected as often and as thoroughly as necessary.

Articles 20 and 21. In its previous comments the Committee noted that no annual labour inspection report had been received and that the most recent one concerned the period 1973-74 and was received in 1980. The Committee takes note of the consolidated report by the Labour Department covering the period 1975-90, which the Government sent with its latest report, which gives some indications on establishment inspections, but does not provide all the information required under Article 21. The Committee expresses once again the hope that the Government will take the appropriate measures to ensure that annual inspection reports, containing precise information on all the matters enumerated in Article 21, are published and transmitted to the ILO within the time-limits set out in Article 20. Referring also to its 1996 general observation under the Convention relating to the practical guidelines for collection, recording and communication of reliable data on occupational accidents and diseases contained in the 1996 ILO publication "Recording and notification of occupational accidents and diseases", the Committee hopes that the Government will report on any progress in this regard.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Articles 11 and 16 of the Convention. The Committee notes the information provided by the Government in its report which indicates that the number of inspectors and inspection visits per year have dropped respectively from 171 (in 1991) to 98 (in 1995) and from 907 (in 1991) to 413 (in 1992). It indicates also that four of the five vehicles at the disposal of the labour inspectors have broken down and that the reimbursement to labour inspectors of their travelling expenses is delayed. The Committee requests the Government to take appropriate measures to increase the number of the operative staff sufficiently to ensure that workplaces are inspected as often and as thoroughly as is necessary as well as to improve the means of transport and the reimbursement of expenses. The Committee hopes that the Government will provide information on any improvements made in this regard as well as in relation to means of transport and reimbursement of expenses.

Articles 20 and 21 of the Convention. The Committee notes that, although the Government has provided in its report some statistical information on the activities of the labour inspectorate, it is nevertheless bound to note once again that no annual report on labour inspection has been received by the ILO and that the most recent one concerned the period 1973 to 1974 and was sent to the Office in 1980. The Committee recalls that the preparation and publication of periodic inspection reports, as required by the Convention, is an essential means of determining the manner in which the instrument is applied and the remedial measures that need to be taken. The Committee trusts that the appropriate measures will be taken to ensure that annual inspection reports, containing precise information on all the matters enumerated in Article 21, are published and transmitted to the ILO within the time-limits set out in Article 20.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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:

Articles 11 and 16 of the Convention. The Committee notes the large apparent increase in the number of workplaces visited in 1990-91 (907) as compared to 1989 (192). It hopes the Government will continue to supply information on this basis.

Articles 20 and 21. In reply to the previous direct request, the Government states that the annual inspection report for 1991 is being compiled. The Committee notes that the most recent annual report on the activities of the inspection services, for 1973 to 1974, was sent to the Internatonal Labour Office in 1980. The Committee would reiterate the importance of these reports for all concerned, since they enable the effectiveness of inspection operations to be assessed in an objective way. It hopes the reports due will now be received within the time-limits set out by the Convention and will include all the information set out in Article 21.

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

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 matter raised in its previous direct request, which read as follows:

Articles 11 and 16 of the Convention. It notes with interest the large apparent increase in the number of workplaces visited in 1990-91 (907) as compared to 1989 (192). It hopes the Government will continue to supply information on this basis.

Articles 20 and 21. In reply to the previous direct request, the Government states that the annual inspection report for 1991 is being compiled. The Committee notes that the most recent annual report on the activities of the inspection services, for 1973 to 1974, was sent to the Internatonal Labour Office in 1980. The Committee would reiterate the importance of these reports for all concerned, since they enable the effectiveness of inspection operations to be assessed in an objective way. It hopes the reports due will now be received within the time-limits set out by the Convention and will include all the information set out in Article 21.

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

Articles 11 and 16 of the Convention. The Committee notes the information provided by the Government in reply to its previous comments concerning the size of the labour inspectorate, transport supplied, and numbers of workplaces visited. It notes with interest the large apparent increase in the number of workplaces visited in 1990-91 (907) as compared to 1989 (192). It hopes the Government will continue to supply information on this basis.

Articles 20 and 21. In reply to the previous direct request, the Government states that the annual inspection report for 1991 is being compiled. The Committee notes that the most recent annual report on the activities of the inspection services, for 1973 to 1974, was sent to the Internatonal Labour Office in 1980. The Committee would reiterate the importance of these reports for all concerned, since they enable the effectiveness of inspection operations to be assessed in an objective way. It hopes the reports due will now be received within the time-limits set out by the Convention and will include all the information set out in Article 21.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Articles 11 and 16 of the Convention. The Committee notes the information provided by the Government in reply to its previous comments concerning the size of the staff of the labour inspectorate and types of transport supplied to inspectors and the numbers of workplaces visited. Please continue to supply information of this kind, including also the total number of workplaces liable to inspection.

Articles 20 and 21. The Committee notes the Government's statement that the Committee's comments have been noted for compliance. The Committee once again expresses the hope that annual inspection reports will be published and transmitted to the Office within the time limits set forth in the Convention. Please indicate any progress made.

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

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:

Articles 11 and 16 of the Convention. The Committee requests the Government to supply with its next report detailed information on the size of the staff of the labour inspectorate and on the transport facilities (particularly the number of vehicles) supplied to inspectors. It also requests the Government to indicate the extent to which the measures that is has taken up to the present time make it possible for inspectors to regularly inspect all the workplaces subject to supervision (indicate particularly, the number of workplaces visited and the total number of workplaces liable to inspection).

Articles 20 and 21. The Committee notes with regret that the last annual inspection report transmitted to the International Labour Office is for the period 1973-74. It notes, however, the assurance given by the Government that in the future annual inspection reports will be published and transmitted to the Office within the time-limits set forth in the Convention. The Committee once again expresses the hope that the Government will take the necessary measures in this respect.