Labour Inspection Convention, 1947 (No. 81) - Sint Maarten

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

Previous comment

Articles 3(2), 10 and 16 of the Convention. Human resources of the labour inspectorate and additional duties entrusted to labour inspectors. The Committee notes that according to the Government, the Labour Inspectorate is currently comprised of four labour inspectors, including the chief inspector, who is also a sworn extraordinary police officer, and that two positions, one of inspector and one of controller, are currently vacant. The Committee further notes that the labour inspectors are entrusted with the enforcement of the National Ordinance on Foreign Labour, and that many critical violations identified in 2019 related to the lack of employment permits for migrant workers. The Committee also notes that according to the Government, some inspection visits are carried out with the assistance of the Police and/or the Immigration Department. Noting the absence of information on this matter, the Committee once again requests that the Government provide detailed information on the nature and scope of the activities carried out by the labour inspector in relation to the control of the employment of foreigners, including information on the violations detected and the legal provisions concerned, as well as the legal proceedings initiated, remedies applied, and sanctions imposed. The Committee also requests the Government to provide information on the measures taken for the filling of the vacant labour inspection posts.

Article 6. Status and conditions of service of labour inspectors. Noting the continued absence of information on this regard, the Committee urges the Government to provide information on the status of labour inspectors and to communicate any legal texts ensuring their stability of employment and independence of changes of government and improper external influences. The Committee also urges the Government to specify the scale of remuneration of labour inspectors by comparison to the remuneration of comparable categories of public officers such as tax inspectors.

Article 7. Training of labour inspectors. The Committee notes the Government’s information on the training and workshops provided to labour inspectors in 2019. The Committee also notes that the Government did not provide information on the duration and number of participants of such training. The Committee requests the Government to continue to provide information on the training provided to labour inspectors, including the subjects covered. It further once again requests that this information include details on the duration and participants of such training.

Articles 12, 13, 17 and 18. Labour inspectors’ powers and powers related to occupational safety and health (OSH) enforcement. Adequate penalties and effective enforcement. The Committee notes the Government’s information on the different types of inspection visits and the statistics on the number and nature of inspections undertaken. It further notes the Government’s indication that most violations committed by businesses in 2016 concerned the Labour Regulation, whereas in 2019 they related to the National Safety Ordinance and the National Ordinance Foreign Labour. The Government indicates that labour inspectors intervened with verbal warnings, directives, stop orders and, in case of multiple violations, the issuing of official letters. The Committee requests the Government to continue to provide information on the nature and number of inspection visits, including details on inspections undertaken without previous notice. It also requests the Government to provide detailed information on the measures adopted by the labour inspectors, including those with immediate executory force. In addition, the Committee requests the Government to provide information on the nature and extent of penalties actually applied for violations of the legal provisions enforceable by labour inspectors.

Article 14. Reporting of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes that according to the Government, the immediate notification to the labour inspectorate when occupational accidents occur rarely happens and, in certain cases, accidents are being reported days after they occurred. In 2016, no industrial accidents were reported to the labour inspectorate, and in 2019, three accidents were reported, which resulted in two deaths. The Committee further notes the information provided by the Government concerning (i) an Occupational Health and Safety awareness campaign, which introduced an emergency phone line for the public; (ii) the complaint officer stand-by, which is at the public’s disposal to report dangerous working situations, and an email address to file a complaint; and (iii) in-house training for inspectors regarding industrial accidents.

The Committee notes that while in 2016 there were no complaints directly related to occupational diseases, in 2019, nine complaints were filed. The Committee also notes that the complaints mostly concerned mould infested buildings, insufficient air circulation, and other related effects, and that after hurricanes Irma and Maria, mould infestation increased. The Committee requests the Government to continue to provide information on the measures taken or envisaged to improve the notification to the labour inspectorate of industrial accidents. It further requests once again that the Government provide details on the impact of such measures. The Committee also once again requests the Government to provide information on the mechanisms in place for the reporting of cases of occupational disease.

Articles 20 and 21. Publication and communication to the ILO of annual reports. The Committee notes that an annual inspection report has not been received. It also notes that some statistical information was provided in the Government report such as on (i) the staff of the Labour Inspectorate; (ii) inspection visits; (iii) number of industrial accidents, and (iv) occupational diseases. The Committee notes that the Labour Market Information System was reintroduced in 2019 to replace the way in which records are kept in spreadsheets and to produce statistics of all inspections conducted. The Committee encourages the Government to pursue its efforts to ensure the preparation and transmission to the ILO of the annual labour inspection report containing information on all the subjects of Article 21(a)–(g). The Committee requests the Government to provide information on the publication of the annual report, in accordance with Article 20(1) of the Convention.

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

Articles 3(2), 10 and 16 of the Convention. Human resources of the labour inspectorate and additional duties entrusted to labour inspectors. The Committee notes the Government’s indications that the new labour inspectorate is still understaffed, but that efforts are being made for the recruitment of additional staff. According to the Government’s indications, the labour inspectorate encompasses seven approved labour inspection posts, including one head labour inspector, two labour inspectors and four labour controllers. The Chief Labour Inspector position and one labour inspector position are still vacant.

The Committee also notes that labour inspectors are entrusted with the supervision of compliance with legislation and regulations governing the employment of immigrants, and that most violations detected in 2013 related to irregular employment. In this regard, the Committee would like to refer to paragraph 78 of its 2006 General Survey on labour inspection, which states that the primary duty of labour inspectors is to enforce the provisions on conditions of work and the protection of workers and not to enforce immigration law, and the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers if it is to be compatible with the objective of labour inspection. Efforts to control the use of migrant workers in an irregular situation require the mobilization of considerable resources in terms of staff, time and material resources, which inspectorates can only provide to the detriment of their primary duties. The Committee requests the Government to provide information on the measures taken or envisaged for the filling of the vacant labour inspection posts. It further asks the Government to provide details on the nature and scope of the activities carried out by the labour inspectorate in relation to the control of the employment of foreigners, including information on the violations detected and the legal provisions concerned, as well as the legal proceedings initiated, remedies applied and sanctions imposed.

Article 6. Status and conditions of service of labour inspectors. The Committee notes that the Government has not provided the requested information on the status and conditions of service of labour inspectors. The Committee therefore once again asks the Government to provide information on the status of labour inspectors and to communicate any legal texts ensuring their stability of employment and independence of changes of government and improper external influences. The Committee also once again asks the Government to specify the scale of remuneration of labour inspectors by comparison to the remuneration of comparable categories of public officers such as tax inspectors.

Article 7. Training of labour inspectors. The Committee notes the Government’s information on the training provided to labour inspectors, as well as on the request made to the Dutch Ministry of Social Affairs and Labour for additional training and technical support. The Committee requests the Government to continue to provide information on the training provided to labour inspectors (including on the subjects covered, and the duration and participants of such training).

Article 14. Reporting of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the Government’s indications that even though employers are legally required to notify the labour inspectorate of occupational accidents, no such cases were officially reported in 2013. It notes the Government’s indications that the labour inspectorate plans to conduct meetings to raise awareness among key stakeholders about the importance of notifying occupational accidents to the labour inspectorate. The Committee asks the Government to provide information on the measures taken or envisaged to improve the notification to the labour inspectorate of industrial accidents, as well as the impact of these measures. Please also describe the mechanisms in place for the reporting of cases of occupational disease.

Articles 20 and 21. Publication and communication to the ILO of annual reports on the work of the labour inspection services. The Committee notes that an annual report on the work of the labour inspection services has not been received. However, it notes the statistical information in the Government’s report on the number of labour inspections in 2013 (disaggregated by sector), the number of cases in which non-compliance with the legal provisions was detected, and the number of cases in which corrective measures were taken. The Committee hopes that the Government will soon be in a position to fulfil its obligations under the abovementioned Articles, in view of the Government’s indications that a Labour Market Information System was introduced in the third quarter of 2013, and that it contains labour inspection data collected on the basis of standard inspection checklists during inspection visits. In light of this information, the Committee hopes that annual labour inspection reports will soon be published and communicated to the ILO in accordance with the requirements of Article 20, and that they will contain information on all the subjects contained in Article 21(a)–(g).

In addition, the Committee asks the Government to provide information on the measures taken, in law and in practice, to give effect to Articles 12, 13, 17 and 18 of the Convention, and to communicate copies of any relevant texts.

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

The Committee takes note of the first report of the Government for the period 1 June 2009 to 1 June 2011. The Committee would be grateful if the Government would provide more detailed information on each of the questions set out in the report form with regard to the application of the provisions of the Convention, and in particular, on the measures taken to give effect to the provisions of Articles 8, 12, 17, 20 and 21 of the Convention.

Articles 6 and 7 of the Convention. Status and qualifications of labour inspectors. According to the Government, the Labour Inspectorate is new and is comprised of workers from the former Central Government as well as civil servants from the former Island Territory of Sint Maarten. The Labour Inspectorate plans to enhance the effectiveness of labour inspection by securing training possibilities for its staff and by hiring additional qualified inspectors. Furthermore, the Government declares that efforts will be made to encourage females to apply for these positions. The Committee would be grateful if the Government would keep the ILO informed of all measures taken or envisaged in relation to the recruitment and training of male and female inspectors. Please indicate in particular the subjects, duration, attendance, evaluation and impact of training.

The Committee would also be grateful if the Government would provide information regarding the status of labour inspectors and communicate any legal texts ensuring their stability of employment and independence of changes of government and improper external influences. The Committee also requests the Government to specify the scale of remuneration of labour inspectors by comparison to the remuneration of comparable categories of public officers such as tax inspectors.

Articles 19, 20 and 21. Publication and content of an annual report. The Committee notes that, according to the Government’s report, a total of 116 visits were made as of March 2010, seven of which were repeat visits and inspections. The Committee also notes that it is the intention of the Government to organize workshops and information sessions to continue to boost awareness of the importance of labour inspection and of occupational safety and health.

The Committee wishes to recall its General Observation of 2010 on Articles 20 and 21 of the Convention, according to which detailed and well prepared reports on the activities liable to inspection are of fundamental importance to assess the rate of coverage by labour inspection services in relation to their scope and to determine the resources that have to be allocated to this public function. The Committee asks the Government to ensure that the central labour inspection authority publishes and sends to the Office an annual inspection report prepared in accordance with the conditions set out in Articles 19 and 20 and containing the information required under Article 21. The Committee draws the Government’s attention to Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), which provides invaluable guidance on the manner in which the information required may be presented in the annual report.