Labour Inspection Convention, 1947 (No. 81) - Guinea - Bissau (Ratification: 1977)

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

Legislative developments. The Committee notes the adoption of the Labour Code in July 2022. It also notes that the statutes of the General Labour Inspectorate have been approved by the Council of Ministers and are awaiting promulgation.

Article 3(2) of the Convention. 1. Role of labour inspection in relation to the exercise of trade union rights. The Committee notes that, according to the annual labour inspection report for 2020 and the labour inspection report for the first half of 2021 (January to May), labour inspectors monitor public establishments to check the participation of workers in strikes, noting the names of the public employees who are absent on strike days, thereby enabling the responsible Minister to have an idea of the support for strikes among public employees. The Committee requests the Government to take appropriate measures to release labour inspectors from any functions which may be perceived as undue interference in the activities of workers’ or employers’ organizations and which may therefore be prejudicial to the authority and impartiality which are necessary in their relations with employers and workers.

2. Mediation. The Committee notes that, in accordance with section 122 of the new Labour Code, workers may request the mediation of the labour inspection services if the agreement with the employer on the accumulation of annual leave falls through. The Committee recalls that, in accordance with Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, as set out in Article 3(1). The Committee therefore requests the Government to provide information on the time and resources devoted by the inspection services to mediation in relation to their primary duties, as enumerated in Article 3(1) of the Convention.

Article 4. Restructuring of the labour inspection system. Further to its previous request on the restructuring of the General Labour Inspectorate, the Committee notes the Government’s indication that the structure of the labour inspection services has been modified by the merger of two inspection services of the Ministry of Labour into a single structure (the Labour and Public Service Inspectorate). The Government indicates that the organization of the inspection services as proposed in the statutes approved by the Council of Ministers, which are awaiting promulgation, consists of the following: one inspector general, two deputy inspector generals, higher inspectors and intermediary technical inspectors. The Committee also notes that, in accordance with section 2 of the draft statutes of the General Labour Inspectorate, the central authority appoints the overall head of the Inspectorate, who is responsible for the supervision and control of the various services of the General Labour Inspectorate, under the terms of and for the purposes set out in Article 4 of the Convention. It also notes that the organic structure of the services of the General Labour Inspectorate is set out in Chapter II of the draft statutes and that, in accordance with section 7, the services of the Inspectorate are composed of central services, local services and the advisory body. The Committee requests the Government to continue providing information on any progress in the promulgation of the statutes of the General Labour Inspectorate and to provide an organizational chart of the Inspectorate once the new statutes are promulgated.

Articles 5(a) and 18. Effective cooperation between the labour inspection services and judicial bodies. Adequate penalties that are effectively enforced. Further to its previous request on the arrangements made or envisaged to ensure effective cooperation between the labour inspection services and the judicial system and to ensure that the labour inspectorate is notified of the outcome of judicial procedures, the Government indicates that there is no systematic cooperation between the labour inspection services and the judicial system. The Government indicates that the inspection services refer to the Office of the Attorney General cases for which no solution has been found through conciliation and that, on rare occasions, the final decision is notified to the labour inspection services by the Office of the Attorney General. In some cases, the inspection services are informed of judicial decisions by the workers themselves. The Government adds that no measures are envisaged to ensure effective cooperation between the labour inspection services and the judicial system, although it recognizes the importance of cooperation between labour inspection, the Office of the Attorney General and the courts. The labour inspection services nevertheless plan to prepare formal protocols in the near future for the establishment of effective cooperation between the various institutions referred to above. With reference to its previous request concerning the measures taken to ensure that penalties are dissuasive and effectively enforced, the Committee notes the Government’s indication that the penalties envisaged are related to sections 535 et seq. of the new Labour Code, which determines the seriousness of the various offences. For the determination of the penalty to be applied, and taking into account the pertinence of the interests prejudiced, offences are classified as “light, serious and very serious”, with a corresponding penalty for each level of the seriousness of the offence, and which varies depending on the turnover of the enterprise and the seriousness of the fault. The Committee requests the Government to continue its efforts to ensure effective cooperation between the inspection services and the judicial system and to provide for the outcome of judicial procedures to be notified to the labour inspection services. It also requests the Government to provide information on the formal protocols to which it refers for the establishment of effective cooperation between the inspection services and the judicial system. Finally, the Committee requests the Government to provide statistics on the penalties imposed at the national level in cases of contraventions of the legal provisions that are enforceable by labour inspectors.

Article 5(b). Collaboration with employers’ and workers’ organizations. Further to its previous request concerning collaboration between the labour inspection services and employers and workers and their organizations, the Committee notes the Government’s indication that the labour inspection services have two radio programmes intended to raise awareness in the country concerning occupational safety and issues relating to the Labour Code. In addition to these programmes, the Government indicates that the labour inspection services are also responsible for providing information to users on working days. Moreover, certain employers request the labour inspection services to train their workers on issues covered by the Labour Code. The Committee requests the Government to continue providing information on collaboration between the labour inspection services and employers and workers and their organizations.

Article 7(3). Training of labour inspectors. Further to its previous comment, the Committee notes the Government’s indication that four inspectors received training from 25 to 27 June 2019 on international labour standards and ILO constitutional obligations. The Committee notes that, according to the annual labour inspection report for 2020, the General Labour Inspectorate has developed a strategic plan, one of the strategic objectives of which is to carry out training for current inspectors in the various fields. However, the annual report indicates that the General Labour Inspectorate has not been able to achieve this objective, particularly due to the COVID-19 pandemic. Moreover, the labour inspection report for the first half of 2021 (January to May) indicates that training has not yet been organized for current inspectors due to the lack of financial resources, even though undertakings have been given to provide training. The Committee notes in this regard that section 48 of the draft statutes of the General Labour Inspectorate provides that members of the personnel of the Inspectorate shall receive adequate vocational training and that the Inspectorate shall organize vocational training courses, internships and activities in the country and abroad. The Committee therefore once again requests the Government to intensify its efforts to ensure that labour inspectors receive adequate training and to provide information on this subject.

Articles 10, 11 and 16. Functioning of the labour inspection system. Further to its previous comment, the Committee notes the Government’s indication in its report that additional human resources have been made available to the General Labour Inspectorate. The Government indicates that, in the context of staff reassignment, several officials have been transferred from other structures in the Ministry to the inspection services and that there are now 31 inspectors, including the inspector general. The Government adds that 109 inspections were carried out in 2020 and 37 were undertaken during the period between January and May 2021, resulting in a total of 146 inspections between January 2020 and May 2021. With regard to means of transport, the Government indicates that the inspection services currently do not have any vehicles. The Committee notes from the annual labour inspection report for 2020 that the inspectorate has been facing difficulties in its functioning for years, as it does not have its own means of transport and the inspectors work in premises that are inadequately equipped for the inspection services. According to the labour inspection report for the first half of 2021 (January to May), in order to discharge their functions, inspectors require means of transport to go to distant locations and to identify enterprises, and the labour inspection services are awaiting the support of the Ministry of the Economy to be able to respond to the challenges that they are facing. The Committee requests the Government to continue its efforts to ensure that workplaces are inspected as often and as thoroughly as necessary. In this regard, it encourages the Government to continue its efforts to ensure that the labour inspection services are provided with the human and material resources necessary for the effective discharge of their inspection functions, including appropriately equipped offices and adequate numbers of means of transport. It requests the Government to provide information on the measures adopted and the progress achieved in this respect and to continue providing information on the current number of labour inspectors, the number of inspections carried out and the number of vehicles at their disposal.

Article 14. Notification of industrial accidents and cases of occupational disease. Further to its previous comment, the Committee notes the Government’s indication that no specific measures have been taken to improve the communication by employers of industrial accidents and cases of occupational disease to the inspection services. The Government indicates that the inspection services are often informed of cases of industrial accidents a posteriori and that the labour inspection services have not imposed any penalties, and that Decree No. 24-A/90 approving the regulations of the General Labour Inspectorate, which are currently in force, sets penalties at derisory levels. The Committee notes that, in accordance with section 60 of the draft statutes of the General Labour Inspectorate, which are awaiting promulgation, in the event of a fatal industrial accident or an industrial accident or occupational disease involving a particularly serious situation, the employer is required to notify the General Labour Inspectorate forthwith. Under section 61, employers are required to collect, compile and communicate to the General Labour Inspectorate quarterly data on occupational diseases that have been diagnosed and industrial accidents that have resulted in the absence of the injured person for over one working day. The Committee also notes that, under the terms of section 63 of the draft text, any violation of section 61 gives rise to a fine corresponding as a minimum and at the maximum to the value of five monthly basic wages defined as the minimum applicable in the public service. The Committee requests the Government to take the necessary measures to ensure the notification of industrial accidents and occupational diseases to the labour inspection services and to provide information on the penalties imposed in practice in the event of failure to comply with the requirement for employers to notify cases of occupational diseases and industrial accidents. Finally, the Committee requests the Government to provide statistics on industrial accidents and occupational diseases.

Articles 20 and 21. Annual report on the activities of the labour inspection services. Further to its previous comment, the Committee notes the annual labour inspection report for 2020 and the report for the first half of 2021 (January to May), which include information on the number of persons employed by the labour inspection services, incomplete statistics on workplaces liable to inspection and statistics on the number of inspections carried out. The reports also contain statistics on the offences identified and the penalties imposed in private establishments. The Government indicates that the labour inspection reports have not been published and that they are only submitted to the Office of the Minister for information with a view to determining corrective measures. The Committee requests the Government to take all the necessary measures to ensure the publication of the annual report on the work of the labour inspection services, in accordance with Article 20 of the Convention, and that it contains information on all the subjects enumerated in Article 21, including statistics on the workplaces liable to inspection and the number of workers employed therein (Article 21(c)), statistics of violations and penalties imposed in public establishments (Article 21(e)), statistics of industrial accidents (Article 21(f)) and statistics of occupational diseases (Article 21(g)).

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

Guinea-Bissau (ratification: 1977)

Articles 3, 4, 7(3), 10, 11 and 16 of the Convention. Functioning of the labour inspection system. Further to its previous comments, the Committee notes the indication in the Government’s report that the General Labour Inspectorate has merged with the General Inspectorate of Public Administration. The Committee also notes the Government’s indications concerning the major and persistent material and financial challenges, particularly the insufficient number of labour inspectors. The Government indicates that, currently, only 17 labour inspectors are in their posts, out of the 54 who should be deployed. The Government also refers to the ongoing lack of means of transport for the labour inspectorate, indicating that there is currently no operational vehicle. With regard to the lack of training for labour inspectors, the Committee notes that the last training session was provided in 2009 through the Community of Portuguese-speaking countries and that, according to the Government, training for inspectors is necessary in the areas of fishing, agriculture, construction, loading, weights and merchandise. While noting the difficulties pointed out by the Government, the Committee requests it to continue its efforts to ensure that workplaces are inspected as often and closely as necessary in order to guarantee the effective application of the relevant legal provisions. In this regard, it encourages the Government to continue its efforts to ensure that the labour inspectorate has the necessary material and human resources to effectively carry out the functions of this service. It requests the Government to communicate the information on the measures taken and progress achieved to this end, and to provide information on the number of labour inspectors in their posts, the number of visits conducted and the number of vehicles available to inspectors. The Committee also requests the Government to intensify its efforts to ensure that the labour inspectors receive adequate training and to provide information in this regard. Lastly, the Committee requests the Government to forward additional information concerning the reorganization of the General Labour Inspectorate and to provide an updated organigramme of the new labour inspection structure. The Committee reminds the Government that it may avail itself of the technical assistance of the ILO in this regard.

Articles 5(a) and 18. Effective cooperation between the inspection services and judicial bodies. Adequate penalties that are effectively enforced. Further to its previous comments, the Committee notes the information provided by the Government according to which neither the Public Ministry, which encourages mediation, nor the labour courts, which rules on the decisions, notified the labour inspectorate of the outcome of the procedures brought before the courts by the labour inspection services themselves, or by the workers or employers directly. The Government indicates, however, that the Public Ministry sometimes consults the labour inspectorate when it requests clarification on certain issues. The Committee also notes the Government’s indication that the small fines established by the Labour Code inhibit the filing of statements and collection of corresponding fines. It notes that, according to the Government, this problem could be resolved through the adoption of the new draft Labour Code, which is currently being discussed before the national people’s assembly. The Committee requests the Government to indicate the arrangements made or envisaged to ensure effective cooperation between the labour inspection services and the judicial system, and to ensure that the labour inspectorate is notified of the outcome of procedures. It also requests the Government to provide information on all measures taken to ensure that the penalties are dissuasive and effectively enforced, and to provide a copy of the Labour Code as soon as it is adopted.

Article 5(b). Collaboration with employers’ and workers’ organizations. Further to its previous comments, the Committee notes the information provided by the Government according to which the labour inspectorate has made efforts regarding its collaboration with workers’ and employers’ organizations, particularly by sending annual memos to employers’ organizations and through radio announcements on the need to provide charts of the numbers of personnel for the purposes of monitoring. The Committee requests the Government to provide further information on the collaboration between the labour inspectorate and employers and workers or their organizations.

Article 14. Notification of industrial accidents and cases of occupational disease. Further to its previous comments, the Committee notes the Government’s indication that the greatest difficulty is the employers’ failure to declare industrial accidents and cases of occupational disease. It notes that employers are bound to declare industrial accidents or cases of occupational disease, in line with Act No. 02/86 of 5 April 1986 establishing the Labour Code and Decree No. 24-A/90 of 1 August 1990 but that, according to the Government, they only rarely fulfil this obligation in practice. The Committee requests the Government to provide information on any measures taken or envisaged in order to improve the notification of occupational disease and accidents to the labour inspectorate.

Articles 20 and 21. Annual report on the activities of the labour inspection services. The Committee notes that the Government, while recognizing that there are problems with the drafting, classification, publication and submission of reports to the Office, is committed to working with the labour inspectorate to ensure that its reports are in line with the spirit of the Convention. The Government indicates that, while the labour inspectorate has presented such reports in the past, they have not fully met the requirements of Article 21 of the Convention. The Committee therefore requests the Government to take all necessary measures to ensure the establishment and publication of an annual report on the work of the inspection services, in conformity with Article 20 of the Convention, and to take the necessary measures to ensure that they contain the information on all the matters listed under Article 21.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. In its previous comments, the Committee noted that, according to the Government’s report, the General Labour and Social Security Inspectorate (IGTSS) consisted of 16 inspectors and provided conciliation services for employers and workers for the settlement of disputes. It asked the Government to take measures to ensure that the primary duties of labour inspectors pertained to the supervisory functions set forth in Article 3(1) of the Convention. In its report, the Government states that one of the goals of the labour inspection system is to guarantee the application of legal provisions relating to working conditions and the protection of workers in carrying out their functions, and that it favours a pedagogical approach with a view to facilitating and promoting respect for labour legislation and occupational safety and health regulations. The Committee asks the Government to provide statistical information on the visits carried out by inspectors in the establishments that come under the requirements of the Convention and on their findings, as well as on the technical advice given to employers and workers and their impact on the application of the Convention.

Articles 5 and 9. Effective cooperation between the inspection services and other government services and public or private institutions and cooperation between officials of the labour inspectorate and employers and workers or their organizations. In its previous report, the Government stated that the IGTSS sought technical support from other institutions when dealing with cases and fields in which it did not have the necessary competence. The Committee requested the Government to specify which institutions these were, to describe the mechanism and modalities of such cooperation and to send information on the coverage and results of such cooperation. In its latest report, the Government states that it receives technical support from the General Labour, Employment and Vocational Training Directorate, which clears up whenever necessary any misunderstandings of inspectors in their course of their work; from the National Social Security Institute; from the Centre of Occupational Medicine; and from the Bissau Faculty of Law. However, it is not in a position to provide more details concerning this cooperation for the moment. The Government adds that the IGTSS is sometimes confronted with situations requiring the court’s intervention to enforce the law. The Committee would be grateful if the Government would clarify the mechanism and modalities of such cooperation, as well as their coverage and impact on the exercise of inspection functions laid down in Article 3(1) of the Convention. Furthermore, drawing the Government’s attention once again to its general observation of 2007, the Committee asks it to provide information on measures taken or envisaged to ensure due diligence and substantive action by the judicial bodies on reports drawn up by labour inspectors and on proceedings brought directly by workers of their organizations. Moreover, the Committee requests the Government once again to submit information on any measures adopted or envisaged to promote cooperation between officials of the labour inspectorate and employers and workers or their organizations, as provided for under Article 5(b) of the Convention. The Committee also reminds the Government of the guidelines contained in Paragraphs 4 to 7 of the Labour Inspection Recommendation, 1947 (No. 81), on the forms this collaboration might take.

Article 18. Adequate penalties that are effectively enforced. Referring to its previous comments on the appropriate nature of the penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing inspectors in the performance of their duties, the Committee notes the Government’s indication that the draft Labour Code provides for the amount of the fines to be in relation to the workers’ wage, which will still ensure they act as a deterrent. The Committee requests the Government to send a copy of the relevant provisions of the Labour Code once it has been adopted.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

Articles 3(1), 7(3), 10, 11, 14 and 16 of the Convention. Functioning of the labour inspection system. The Committee notes that the application of the Convention faces significant and persistent challenges of a financial and material nature. It notes, for instance, that there are too few inspectors and that the General Labour and Social Security Inspectorate has inadequate means of transport. The Committee is also led to believe that the Government is not in a position to provide labour inspectors with adequate training for the performance of their duties, in accordance with Article 7(3) of the Convention. It notes, however, that the inspectors benefited from a number of training activities under the subregion’s technical cooperation framework pertaining to labour inspection structures and under the Community of Portuguese-speaking countries (CPLP). The Government also refers to difficulties inherent in gathering reliable data on industrial accidents and cases of occupational diseases, which may be attributed to the under-reporting of workers themselves. The Government is also trying to create conditions that will enable it to send on a regular basis the information available on each of the questions listed under Article 21 and in the format stipulated under Article 20, but it is encountering difficulties of various kinds and would therefore require the ILO’s technical assistance for this purpose. The Committee asks the Government to submit a formal request to the ILO for technical assistance with a view to drafting and publishing an annual inspection report, as provided for under Articles 20 and 21 of the Convention, and to envisage extending this request to the collection and recording of statistical information on industrial accidents and cases of occupational diseases, and to the establishment of a system to assess the labour inspection services, with a view to determining the measures to be introduced to improve its efficiency. The Committee requests the Government to submit in its next report information on any developments in this area.

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

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

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. In its previous comments, the Committee noted that, according to the Government’s report, the General Labour and Social Security Inspectorate (IGTSS) consisted of 16 inspectors and provided conciliation services for employers and workers for the settlement of disputes. It asked the Government to take measures to ensure that the primary duties of labour inspectors pertained to the supervisory functions set forth in Article 3(1) of the Convention. In its report, the Government states that one of the goals of the labour inspection system is to guarantee the application of legal provisions relating to working conditions and the protection of workers in carrying out their functions, and that it favours a pedagogical approach with a view to facilitating and promoting respect for labour legislation and occupational safety and health regulations. The Committee asks the Government to provide statistical information on the visits carried out by inspectors in the establishments that come under the requirements of the Convention and on their findings, as well as on the technical advice given to employers and workers and their impact on the application of the Convention.

Articles 5 and 9. Effective cooperation between the inspection services and other government services and public or private institutions and cooperation between officials of the labour inspectorate and employers and workers or their organizations. In its previous report, the Government stated that the IGTSS sought technical support from other institutions when dealing with cases and fields in which it did not have the necessary competence. The Committee requested the Government to specify which institutions these were, to describe the mechanism and modalities of such cooperation and to send information on the coverage and results of such cooperation. In its latest report, the Government states that it receives technical support from the General Labour, Employment and Vocational Training Directorate, which clears up whenever necessary any misunderstandings of inspectors in their course of their work; from the National Social Security Institute; from the Centre of Occupational Medicine; and from the Bissau Faculty of Law. However, it is not in a position to provide more details concerning this cooperation for the moment. The Government adds that the IGTSS is sometimes confronted with situations requiring the court’s intervention to enforce the law. The Committee would be grateful if the Government would clarify the mechanism and modalities of such cooperation, as well as their coverage and impact on the exercise of inspection functions laid down in Article 3(1) of the Convention. Furthermore, drawing the Government’s attention once again to its general observation of 2007, the Committee asks it to provide information on measures taken or envisaged to ensure due diligence and substantive action by the judicial bodies on reports drawn up by labour inspectors and on proceedings brought directly by workers of their organizations. Moreover, the Committee requests the Government once again to submit information on any measures adopted or envisaged to promote cooperation between officials of the labour inspectorate and employers and workers or their organizations, as provided for under Article 5(b) of the Convention. The Committee also reminds the Government of the guidelines contained in Paragraphs 4 to 7 of the Labour Inspection Recommendation, 1947 (No. 81), on the forms this collaboration might take.

Article 18. Adequate penalties that are effectively enforced. Referring to its previous comments on the appropriate nature of the penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing inspectors in the performance of their duties, the Committee notes the Government’s indication that the draft Labour Code provides for the amount of the fines to be in relation to the workers’ wage, which will still ensure they act as a deterrent. The Committee requests the Government to send a copy of the relevant provisions of the Labour Code once it has been adopted.

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 3(1), 7(3), 10, 11, 14 and 16 of the Convention. Functioning of the labour inspection system. The Committee notes that the application of the Convention faces significant and persistent challenges of a financial and material nature. It notes, for instance, that there are too few inspectors and that the General Labour and Social Security Inspectorate has inadequate means of transport. The Committee is also led to believe that the Government is not in a position to provide labour inspectors with adequate training for the performance of their duties, in accordance with Article 7(3) of the Convention. It notes, however, that the inspectors benefited from a number of training activities under the subregion’s technical cooperation framework pertaining to labour inspection structures and under the Community of Portuguese-speaking countries (CPLP). The Government also refers to difficulties inherent in gathering reliable data on industrial accidents and cases of occupational diseases, which may be attributed to the under-reporting of workers themselves. The Government is also trying to create conditions that will enable it to send on a regular basis the information available on each of the questions listed under Article 21 and in the format stipulated under Article 20, but it is encountering difficulties of various kinds and would therefore require the ILO’s technical assistance for this purpose. The Committee asks the Government to submit a formal request to the ILO for technical assistance with a view to drafting and publishing an annual inspection report, as provided for under Articles 20 and 21 of the Convention, and to envisage extending this request to the collection and recording of statistical information on industrial accidents and cases of occupational diseases, and to the establishment of a system to assess the labour inspection services, with a view to determining the measures to be introduced to improve its efficiency. The Committee requests the Government to submit in its next report information on any developments in this area.

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

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

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. In its previous comments, the Committee noted that, according to the Government’s report, the General Labour and Social Security Inspectorate (IGTSS) consisted of 16 inspectors and provided conciliation services for employers and workers for the settlement of disputes. It asked the Government to take measures to ensure that the primary duties of labour inspectors pertained to the supervisory functions set forth in Article 3(1) of the Convention. In its report, the Government states that one of the goals of the labour inspection system is to guarantee the application of legal provisions relating to working conditions and the protection of workers in carrying out their functions, and that it favours a pedagogical approach with a view to facilitating and promoting respect for labour legislation and occupational safety and health regulations. The Committee asks the Government to provide statistical information on the visits carried out by inspectors in the establishments that come under the requirements of the Convention and on their findings, as well as on the technical advice given to employers and workers and their impact on the application of the Convention.

Articles 5 and 9. Effective cooperation between the inspection services and other government services and public or private institutions and cooperation between officials of the labour inspectorate and employers and workers or their organizations. In its previous report, the Government stated that the IGTSS sought technical support from other institutions when dealing with cases and fields in which it did not have the necessary competence. The Committee requested the Government to specify which institutions these were, to describe the mechanism and modalities of such cooperation and to send information on the coverage and results of such cooperation. In its latest report, the Government states that it receives technical support from the General Labour, Employment and Vocational Training Directorate, which clears up whenever necessary any misunderstandings of inspectors in their course of their work; from the National Social Security Institute; from the Centre of Occupational Medicine; and from the Bissau Faculty of Law. However, it is not in a position to provide more details concerning this cooperation for the moment. The Government adds that the IGTSS is sometimes confronted with situations requiring the court’s intervention to enforce the law. The Committee would be grateful if the Government would clarify the mechanism and modalities of such cooperation, as well as their coverage and impact on the exercise of inspection functions laid down in Article 3(1) of the Convention. Furthermore, drawing the Government’s attention once again to its general observation of 2007, the Committee asks it to provide information on measures taken or envisaged to ensure due diligence and substantive action by the judicial bodies on reports drawn up by labour inspectors and on proceedings brought directly by workers of their organizations. Moreover, the Committee requests the Government once again to submit information on any measures adopted or envisaged to promote cooperation between officials of the labour inspectorate and employers and workers or their organizations, as provided for under Article 5(b) of the Convention. The Committee also reminds the Government of the guidelines contained in Paragraphs 4 to 7 of the Labour Inspection Recommendation, 1947 (No. 81), on the forms this collaboration might take.

Article 18. Adequate penalties that are effectively enforced. Referring to its previous comments on the appropriate nature of the penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing inspectors in the performance of their duties, the Committee notes the Government’s indication that the draft Labour Code provides for the amount of the fines to be in relation to the workers’ wage, which will still ensure they act as a deterrent. The Committee requests the Government to send a copy of the relevant provisions of the Labour Code once it has been adopted.

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

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 3(1), 7(3), 10, 11, 14 and 16 of the Convention. Functioning of the labour inspection system. The Committee notes that the application of the Convention faces significant and persistent challenges of a financial and material nature. It notes, for instance, that there are too few inspectors and that the General Labour and Social Security Inspectorate has inadequate means of transport. The Committee is also led to believe that the Government is not in a position to provide labour inspectors with adequate training for the performance of their duties, in accordance with Article 7(3) of the Convention. It notes, however, that the inspectors benefited from a number of training activities under the subregion’s technical cooperation framework pertaining to labour inspection structures and under the Community of Portuguese-speaking countries (CPLP). The Government also refers to difficulties inherent in gathering reliable data on industrial accidents and cases of occupational diseases, which may be attributed to the under-reporting of workers themselves. The Government is also trying to create conditions that will enable it to send on a regular basis the information available on each of the questions listed under Article 21 and in the format stipulated under Article 20, but it is encountering difficulties of various kinds and would therefore require the ILO’s technical assistance for this purpose. The Committee asks the Government to submit a formal request to the ILO for technical assistance with a view to drafting and publishing an annual inspection report, as provided for under Articles 20 and 21 of the Convention, and to envisage extending this request to the collection and recording of statistical information on industrial accidents and cases of occupational diseases, and to the establishment of a system to assess the labour inspection services, with a view to determining the measures to be introduced to improve its efficiency. The Committee requests the Government to submit in its next report information on any developments in this area.

The Committee is raising other matters 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 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. In its previous comments, the Committee noted that, according to the Government’s report, the General Labour and Social Security Inspectorate (IGTSS) consisted of 16 inspectors and provided conciliation services for employers and workers for the settlement of disputes. It asked the Government to take measures to ensure that the primary duties of labour inspectors pertained to the supervisory functions set forth in Article 3(1) of the Convention. In its report, the Government states that one of the goals of the labour inspection system is to guarantee the application of legal provisions relating to working conditions and the protection of workers in carrying out their functions, and that it favours a pedagogical approach with a view to facilitating and promoting respect for labour legislation and occupational safety and health regulations. The Committee asks the Government to provide statistical information on the visits carried out by inspectors in the establishments that come under the requirements of the Convention and on their findings, as well as on the technical advice given to employers and workers and their impact on the application of the Convention.

Articles 5 and 9. Effective cooperation between the inspection services and other government services and public or private institutions and cooperation between officials of the labour inspectorate and employers and workers or their organizations. In its previous report, the Government stated that the IGTSS sought technical support from other institutions when dealing with cases and fields in which it did not have the necessary competence. The Committee requested the Government to specify which institutions these were, to describe the mechanism and modalities of such cooperation and to send information on the coverage and results of such cooperation. In its latest report, the Government states that it receives technical support from the General Labour, Employment and Vocational Training Directorate, which clears up whenever necessary any misunderstandings of inspectors in their course of their work; from the National Social Security Institute; from the Centre of Occupational Medicine; and from the Bissau Faculty of Law. However, it is not in a position to provide more details concerning this cooperation for the moment. The Government adds that the IGTSS is sometimes confronted with situations requiring the court’s intervention to enforce the law. The Committee would be grateful if the Government would clarify the mechanism and modalities of such cooperation, as well as their coverage and impact on the exercise of inspection functions laid down in Article 3(1) of the Convention. Furthermore, drawing the Government’s attention once again to its general observation of 2007, the Committee asks it to provide information on measures taken or envisaged to ensure due diligence and substantive action by the judicial bodies on reports drawn up by labour inspectors and on proceedings brought directly by workers of their organizations. Moreover, the Committee requests the Government once again to submit information on any measures adopted or envisaged to promote cooperation between officials of the labour inspectorate and employers and workers or their organizations, as provided for under Article 5(b) of the Convention. The Committee also reminds the Government of the guidelines contained in Paragraphs 4 to 7 of the Labour Inspection Recommendation, 1947 (No. 81), on the forms this collaboration might take.

Article 18. Adequate penalties that are effectively enforced. Referring to its previous comments on the appropriate nature of the penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing inspectors in the performance of their duties, the Committee notes the Government’s indication that the draft Labour Code provides for the amount of the fines to be in relation to the workers’ wage, which will still ensure they act as a deterrent. The Committee requests the Government to send a copy of the relevant provisions of the Labour Code once it has been adopted.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Articles 3(1), 7(3), 10, 11, 14 and 16 of the Convention. Functioning of the labour inspection system. The Committee notes that the application of the Convention faces significant and persistent challenges of a financial and material nature. It notes, for instance, that there are too few inspectors and that the General Labour and Social Security Inspectorate has inadequate means of transport. The Committee is also led to believe that the Government is not in a position to provide labour inspectors with adequate training for the performance of their duties, in accordance with Article 7(3) of the Convention. It notes, however, that the inspectors benefited from a number of training activities under the subregion’s technical cooperation framework pertaining to labour inspection structures and under the Community of Portuguese-speaking countries (CPLP). The Government also refers to difficulties inherent in gathering reliable data on industrial accidents and cases of occupational diseases, which may be attributed to the under-reporting of workers themselves. The Government is also trying to create conditions that will enable it to send on a regular basis the information available on each of the questions listed under Article 21 and in the format stipulated under Article 20, but it is encountering difficulties of various kinds and would therefore require the ILO’s technical assistance for this purpose. The Committee asks the Government to submit a formal request to the ILO for technical assistance with a view to drafting and publishing an annual inspection report, as provided for under Articles 20 and 21 of the Convention, and to envisage extending this request to the collection and recording of statistical information on industrial accidents and cases of occupational diseases, and to the establishment of a system to assess the labour inspection services, with a view to determining the measures to be introduced to improve its efficiency. The Committee requests the Government to submit in its next report information on any developments in this area.

The Committee recalls that it raised other matters 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 2013, published 103rd ILC session (2014)

Referring to its observation, the Committee would like to raise the following additional points.

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. In its previous comments, the Committee noted that, according to the Government’s report, the General Labour and Social Security Inspectorate (IGTSS) consisted of 16 inspectors and provided conciliation services for employers and workers for the settlement of disputes. It asked the Government to take measures to ensure that the primary duties of labour inspectors pertained to the supervisory functions set forth in Article 3(1) of the Convention. In its report, the Government states that one of the goals of the labour inspection system is to guarantee the application of legal provisions relating to working conditions and the protection of workers in carrying out their functions, and that it favours a pedagogical approach with a view to facilitating and promoting respect for labour legislation and occupational safety and health regulations. The Committee asks the Government to provide statistical information on the visits carried out by inspectors in the establishments that come under the requirements of the Convention and on their findings, as well as on the technical advice given to employers and workers and their impact on the application of the Convention.

Articles 5 and 9. Effective cooperation between the inspection services and other government services and public or private institutions and cooperation between officials of the labour inspectorate and employers and workers or their organizations. In its previous report, the Government stated that the IGTSS sought technical support from other institutions when dealing with cases and fields in which it did not have the necessary competence. The Committee requested the Government to specify which institutions these were, to describe the mechanism and modalities of such cooperation and to send information on the coverage and results of such cooperation. In its latest report, the Government states that it receives technical support from the General Labour, Employment and Vocational Training Directorate, which clears up whenever necessary any misunderstandings of inspectors in their course of their work; from the National Social Security Institute; from the Centre of Occupational Medicine; and from the Bissau Faculty of Law. However, it is not in a position to provide more details concerning this cooperation for the moment. The Government adds that the IGTSS is sometimes confronted with situations requiring the court’s intervention to enforce the law. The Committee would be grateful if the Government would clarify the mechanism and modalities of such cooperation, as well as their coverage and impact on the exercise of inspection functions laid down in Article 3(1) of the Convention. Furthermore, drawing the Government’s attention once again to its general observation of 2007, the Committee asks it to provide information on measures taken or envisaged to ensure due diligence and substantive action by the judicial bodies on reports drawn up by labour inspectors and on proceedings brought directly by workers of their organizations. Moreover, the Committee requests the Government once again to submit information on any measures adopted or envisaged to promote cooperation between officials of the labour inspectorate and employers and workers or their organizations, as provided for under Article 5(b) of the Convention. The Committee also reminds the Government of the guidelines contained in Paragraphs 4 to 7 of the Labour Inspection Recommendation, 1947 (No. 81), on the forms this collaboration might take.

Article 18. Adequate penalties that are effectively enforced. Referring to its previous comments on the appropriate nature of the penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing inspectors in the performance of their duties, the Committee notes the Government’s indication that the draft Labour Code provides for the amount of the fines to be in relation to the workers’ wage, which will still ensure they act as a deterrent. The Committee requests the Government to send a copy of the relevant provisions of the Labour Code once it has been adopted.

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

Articles 3(1), 7(3), 10, 11, 14 and 16 of the Convention. Functioning of the labour inspection system. The Committee notes that the application of the Convention faces significant and persistent challenges of a financial and material nature. It notes, for instance, that there are too few inspectors and that the General Labour and Social Security Inspectorate has inadequate means of transport. The Committee is also led to believe that the Government is not in a position to provide labour inspectors with adequate training for the performance of their duties, in accordance with Article 7(3) of the Convention. It notes, however, that the inspectors benefited from a number of training activities under the subregion’s technical cooperation framework pertaining to labour inspection structures and under the Community of Portuguese-speaking countries (CPLP). The Government also refers to difficulties inherent in gathering reliable data on industrial accidents and cases of occupational diseases, which may be attributed to the under-reporting of workers themselves. The Government is also trying to create conditions that will enable it to send on a regular basis the information available on each of the questions listed under Article 21 and in the format stipulated under Article 20, but it is encountering difficulties of various kinds and would therefore require the ILO’s technical assistance for this purpose. The Committee asks the Government to submit a formal request to the ILO for technical assistance with a view to drafting and publishing an annual inspection report, as provided for under Articles 20 and 21 of the Convention, and to envisage extending this request to the collection and recording of statistical information on industrial accidents and cases of occupational diseases, and to the establishment of a system to assess the labour inspection services, with a view to determining the measures to be introduced to improve its efficiency. The Committee requests the Government to submit in its next report information on any developments in this area.

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

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

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:

Repetition

Articles 5(a) and 9 of the Convention. Cooperation between the inspection services and other government services, public or private institutions, employers and workers. The Government states that the General Labour Inspectorate seeks technical support from other institutions when dealing with cases and fields in which it does not have the necessary competencies. The Committee requests the Government to specify the institutions from which the General Labour Inspectorate seeks assistance in the cases mentioned above, to describe the mechanism and modalities of such cooperation and to send information on the coverage and results of such cooperation. In addition, referring to its general observation of 2007, the Committee would be grateful if the Government would provide information on any measures taken to ensure due diligence and substantive action by the judicial bodies on violation reports drawn up by labour inspectors and on proceedings concerning the same issues brought directly by workers or their organizations. Lastly, the Committee requests the Government to indicate the measures taken to promote cooperation between officials of the labour inspectorate and employers and workers or their organizations.

Article 14. Notification of the labour inspectorate of industrial accidents and cases of occupational disease. The Committee once again requests the Government to send the text adopted pursuant to section 56 of Decree No. 24 A/90 issuing Regulations on the General Labour and Social Security Inspectorate, which requires the employer to notify the General Labour Inspectorate of industrial accidents and cases of occupational disease, by sending a copy of the report transmitted to the National Insurance and Social Security Institute. The Committee would also be grateful if it would indicate the measures taken to ensure the collection of the relevant data for inclusion in an annual report, in accordance with Article 21(f) and (g) of the Convention. If this is not yet the case, the Committee requests the Government to take measures to that end, to keep the Office informed and to report any difficulties encountered.

Article 18. Adequate penalties. The Government states that the amounts of fines are derisory, as they were set when the currency in use was still the peso. The Committee requests the Government to ensure that measures are taken so that the penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing inspectors in the performance of their duties are fixed in such a way as to retain their deterrent effect irrespective of monetary fluctuations, and to keep the Office informed of any developments in this regard.

Article 19. Periodical reports. The Committee once again requests the Government to send copies, by way of example, of the quarterly reports on the inspection activities undertaken and the results achieved, which sectoral or provincial inspectors are required to submit to their superiors for examination under section 17(h) of the abovementioned Regulations. The Committee would also be grateful if the Government would supply information on the practical use made of the data contained in such reports.

Articles 20 and 21. Publication and transmission of an annual report. The Committee once again requests the Government to take steps to fulfil the conditions, as prescribed by Article 20, enabling the publication and transmission to the ILO of an annual general report on the work of the inspection services, containing available information on each of the subjects listed in Article 21. The Committee draws the Government’s attention to the possibility of requesting technical assistance from the Office to that end.

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

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

Repetition

The Committee takes note of the comments on the application of the Convention by the National Union of Workers of Guinea (UNTG–CS), sent with the Government’s report.

Articles 3, 7, 10, 11 and 16 of the Convention. Comments by workers’ organizations. The UNTG–CS considers that it is necessary to build the financial, technical and material capacity of the inspection services so as to optimize the performance of their supervisory duties, and to reinforce the authority of the courts so that they in turn are in a position to ensure that the provisions are better applied.

The Government indicates that the General Labour Inspectorate (IGT) is having serious difficulty in carrying out its functions: (1) the numbers of inspectors are too low; (2) their facilities are cramped and are therefore an impediment to the confidentiality needed for the proper discharge of the inspectors’ duties; and (3) only one vehicle is available, so inspectors lack the mobility they need to meet the demands of the labour market.

The Committee also notes that, according to the Government’s report, the IGT consists of 16 inspectors and provides conciliation services for employers and workers for the settlement of disputes. The Committee is bound to stress in this connection that the main role of the labour inspectorate is to enforce the legal provisions on conditions of work and the protection of workers. It also points out that according to Article 3(2) of the Convention, if duties other than those set in this provision are entrusted to labour inspectors, they shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. Furthermore, the Committee draws the Government’s attention to the obligations laid down in Articles 7 and 11 of the Convention under which the competent authority shall make the necessary arrangements to furnish labour inspectors with adequate training for the performance of their duties, offices suitably equipped in accordance with the requirements of the service and accessible to all persons concerned, and the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist, and to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the performance of their duties. The Committee therefore asks the Government to take measures to ensure that the primary duties of labour inspectors pertain to the supervisory functions set forth in Article 3(1) of the Convention; and to ensure that measures are promptly taken to provide labour inspectors with adequate financial and material resources to cover their needs, including training, so that they may discharge their functions effectively. The Committee would be grateful if the Government would inform the Office of any such measures to this end, including in the context of international cooperation, and to point out any difficulties encountered. The Committee reminds the Government that it may avail itself of the technical assistance of the Office should it so wish.

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)

Articles 5(a) and 9 of the Convention. Cooperation between the inspection services and other government services, public or private institutions, employers and workers. The Government states that the General Labour Inspectorate seeks technical support from other institutions when dealing with cases and fields in which it does not have the necessary competencies. The Committee requests the Government to specify the institutions from which the General Labour Inspectorate seeks assistance in the cases mentioned above, to describe the mechanism and modalities of such cooperation and to send information on the coverage and results of such cooperation. In addition, referring to its general observation of 2007, the Committee would be grateful if the Government would provide information on any measures taken to ensure due diligence and substantive action by the judicial bodies on violation reports drawn up by labour inspectors and on proceedings concerning the same issues brought directly by workers or their organizations. Lastly, the Committee requests the Government to indicate the measures taken to promote cooperation between officials of the labour inspectorate and employers and workers or their organizations.

Article 14. Notification of the labour inspectorate of industrial accidents and cases of occupational disease. The Committee once again requests the Government to send the text adopted pursuant to section 56 of Decree No. 24 A/90 issuing Regulations on the General Labour and Social Security Inspectorate, which requires the employer to notify the General Labour Inspectorate of industrial accidents and cases of occupational disease, by sending a copy of the report transmitted to the National Insurance and Social Security Institute. The Committee would also be grateful if it would indicate the measures taken to ensure the collection of the relevant data for inclusion in an annual report, in accordance with Article 21(f) and (g) of the Convention. If this is not yet the case, the Committee requests the Government to take measures to that end, to keep the Office informed and to report any difficulties encountered.

Article 18. Adequate penalties. The Government states that the amounts of fines are derisory, as they were set when the currency in use was still the peso. The Committee requests the Government to ensure that measures are taken so that the penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing inspectors in the performance of their duties are fixed in such a way as to retain their deterrent effect irrespective of monetary fluctuations, and to keep the Office informed of any developments in this regard.

Article 19. Periodical reports. The Committee once again requests the Government to send copies, by way of example, of the quarterly reports on the inspection activities undertaken and the results achieved, which sectoral or provincial inspectors are required to submit to their superiors for examination under section 17(h) of the abovementioned Regulations. The Committee would also be grateful if the Government would supply information on the practical use made of the data contained in such reports.

Articles 20 and 21. Publication and transmission of an annual report. The Committee once again requests the Government to take steps to fulfil the conditions, as prescribed by Article 20, enabling the publication and transmission to the ILO of an annual general report on the work of the inspection services, containing available information on each of the subjects listed in Article 21. The Committee draws the Government’s attention to the possibility of requesting technical assistance from the Office to that end.

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

The Committee takes note of the comments on the application of the Convention by the National Union of Workers of Guinea (UNTG–CS), sent with the Government’s report.

Articles 3, 7, 10, 11 and 16 of the Convention. Comments by workers’ organizations. The UNTG–CS considers that it is necessary to build the financial, technical and material capacity of the inspection services so as to optimize the performance of their supervisory duties, and to reinforce the authority of the courts so that they in turn are in a position to ensure that the provisions are better applied.

The Government indicates that the General Labour Inspectorate (IGT) is having serious difficulty in carrying out its functions: (1) the numbers of inspectors are too low; (2) their facilities are cramped and are therefore an impediment to the confidentiality needed for the proper discharge of the inspectors’ duties; and (3) only one vehicle is available, so inspectors lack the mobility they need to meet the demands of the labour market.

The Committee also notes that, according to the Government’s report, the IGT consists of 16 inspectors and provides conciliation services for employers and workers for the settlement of disputes. The Committee is bound to stress in this connection that the main role of the labour inspectorate is to enforce the legal provisions on conditions of work and the protection of workers. It also points out that according to Article 3(2) of the Convention, if duties other than those set in this provision are entrusted to labour inspectors, they shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. Furthermore, the Committee draws the Government’s attention to the obligations laid down in Articles 7 and 11 of the Convention under which the competent authority shall make the necessary arrangements to furnish labour inspectors with adequate training for the performance of their duties, offices suitably equipped in accordance with the requirements of the service and accessible to all persons concerned, and the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist, and to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the performance of their duties. The Committee therefore asks the Government to take measures to ensure that the primary duties of labour inspectors pertain to the supervisory functions set forth in Article 3(1) of the Convention; and to ensure that measures are promptly taken to provide labour inspectors with adequate financial and material resources to cover their needs, including training, so that they may discharge their functions effectively. The Committee would be grateful if the Government would inform the Office of any such measures to this end, including in the context of international cooperation, and to point out any difficulties encountered. The Committee reminds the Government that it may avail itself of the technical assistance of the Office should it so wish.

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

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

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 notes the Government’s brief report for the period
January–September 2006 and the attached documents. The Government is requested to supply further information on the following points.

Article 5 of the Convention. The Committee requests the Government to indicate the steps taken by the competent authorities to promote: effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities (Article 5(a)); and collaboration between officials of the labour inspectorate and employers and workers or their organizations (Article 5(b)).

Article 6. Please indicate the manner in which effect is given to this provision, according to which the inspection staff must be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences.

Article 7. Please supply information on arrangements for, and the length and content of, initial training for labour inspectors at the time of their appointment and on the content of any subsequent training.

Article 8. Please state the proportion of women at each level of responsibility in the labour inspectorate and indicate whether special duties are assigned to men and women inspectors.

Article 9. Please indicate the measures taken, in accordance with this Article, to ensure that duly qualified technical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, are associated in the work of inspection, for the purpose of securing the enforcement of the legal provisions relating to the health and safety of workers and of investigating the effects of processes, materials and methods of work on the health and safety of workers. The Committee would be grateful if the Government would also provide copies of the texts serving as the legal basis for such collaboration and also give practical examples of the implementation thereof.

Articles 14 and 21. The Committee requests the Government to indicate the cases and the circumstances in which the labour inspectorate must be notified of industrial accidents and cases of occupational disease (declaration deadline, causes, extent of injuries, length of incapacity for work, number of casualties, etc.), pursuant to section 56 of Decree No. 24-A/90 on labour inspection regulations. It would be grateful if the Government would also indicate the steps taken to ensure the collection of relevant data for the inclusion thereof in an annual report in conformity with Article 21(f) and (g) of the Convention. If such is not yet the case, it requests the Government to take measures to this end, to keep the Office informed thereof and notify it of any difficulties encountered.

Article 18. The Committee notes that section 38(a) and (b) of the Labour Inspection Regulations provides for the imposition of penal sanctions on employers guilty of obstructing labour inspectors in the performance of their duties (section 186 of the Penal Code) and on anyone guilty of false testimony or false statements (sections 28 and 188 of the Penal Code). The Committee would be grateful if the Government would indicate the manner in which contraventions of the legislation concerning conditions of work and the protection of workers are penalized and send copies of the relevant legal provisions.

Article 19. Noting that, under section 17(h) of the Labour Inspection Regulations, inspectors are required to draw up and submit to their superiors for examination quarterly reports on the inspection activities undertaken and the results achieved, the Committee requests the Government to send copies, by way of example, of such periodic reports and supply information on the practical use made of the data that they contain.

Articles 10, 11 and 16. The Committee notes that the size of the inspection staff has not increased significantly for many years. It also observes that the working of the labour inspectorate is hampered by a severe shortage of resources, especially transport facilities, with inspectors being limited to operating within an area reachable on foot in certain cases. The Government is requested to indicate, if possible, the number and geographical distribution of industrial and commercial workplaces liable to inspection, and also the number of workers employed therein. If such data are not available, the Committee urges the Government to adopt measures quickly for registering these establishments and recording the numbers of workers employed therein by having recourse to all practical means, including the effective cooperation of any other competent body (commercial register, tax authorities, social security institutions, etc.), so as to have the necessary information for determining, in the context of the annual state budget, human, material and logistical resources for the labour inspectorate. The Committee hopes that the Government will keep the Office informed of all progress made to this end, and also of any difficulties encountered.

Articles 20 and 21. The Committee requests the Government to take steps to fulfil the conditions, as prescribed by Article 20, enabling the publication and transmission to the ILO of an annual general report on the work of the inspection services, containing available information on each of the subjects listed in Article 21 and presented as far as possible as recommended by Paragraph 9 of Recommendation No. 81, and to keep the ILO informed of all progress made in this respect. The Committee draws the Government’s attention to the possibility of requesting technical assistance from the ILO in order to give effect to these provisions and also to seek the necessary financial resources in the context of international economic cooperation.

International cooperation. The Committee notes the information supplied by the Government regarding the seminar on cooperation in the field of labour inspection which took place in August 2006 between the member States of the Community of Portuguese-Speaking Countries (CPLP). It requests the Government to indicate the action taken, if applicable, further to the conclusions and recommendations of the seminar, especially regarding the setting up of collaboration on the exchange of information and documentation, technical assistance with the drafting of supplementary legislation, devising of methods, and also cooperation with regard to initial and subsequent training for inspectors. With reference to a previous Government report concerning funding by the abovementioned organization for the training of more than 50 inspectors, the Committee requests the Government to provide further information on the implementation of this training, on the other cooperation activities under way or planned, and also on their impact on the results of labour inspections.

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

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

The Committee notes the Government’s brief report for the period
January–September 2006 and the attached documents. The Government is requested to supply further information on the following points.

Article 5 of the Convention. The Committee requests the Government to indicate the steps taken by the competent authorities to promote: effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities (Article 5(a)); and collaboration between officials of the labour inspectorate and employers and workers or their organizations (Article 5(b)).

Article 6. Please indicate the manner in which effect is given to this provision, according to which the inspection staff must be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences.

Article 7. Please supply information on arrangements for, and the length and content of, initial training for labour inspectors at the time of their appointment and on the content of any subsequent training.

Article 8. Please state the proportion of women at each level of responsibility in the labour inspectorate and indicate whether special duties are assigned to men and women inspectors.

Article 9. Please indicate the measures taken, in accordance with this Article, to ensure that duly qualified technical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, are associated in the work of inspection, for the purpose of securing the enforcement of the legal provisions relating to the health and safety of workers and of investigating the effects of processes, materials and methods of work on the health and safety of workers. The Committee would be grateful if the Government would also provide copies of the texts serving as the legal basis for such collaboration and also give practical examples of the implementation thereof.

Articles 14 and 21. The Committee requests the Government to indicate the cases and the circumstances in which the labour inspectorate must be notified of industrial accidents and cases of occupational disease (declaration deadline, causes, extent of injuries, length of incapacity for work, number of casualties, etc.), pursuant to section 56 of Decree No. 24-A/90 on labour inspection regulations. It would be grateful if the Government would also indicate the steps taken to ensure the collection of relevant data for the inclusion thereof in an annual report in conformity with Article 21(f) and (g) of the Convention. If such is not yet the case, it requests the Government to take measures to this end, to keep the Office informed thereof and notify it of any difficulties encountered.

Article 18. The Committee notes that section 38(a) and (b) of the Labour Inspection Regulations provides for the imposition of penal sanctions on employers guilty of obstructing labour inspectors in the performance of their duties (section 186 of the Penal Code) and on anyone guilty of false testimony or false statements (sections 28 and 188 of the Penal Code). The Committee would be grateful if the Government would indicate the manner in which contraventions of the legislation concerning conditions of work and the protection of workers are penalized and send copies of the relevant legal provisions.

Article 19. Noting that, under section 17(h) of the Labour Inspection Regulations, inspectors are required to draw up and submit to their superiors for examination quarterly reports on the inspection activities undertaken and the results achieved, the Committee requests the Government to send copies, by way of example, of such periodic reports and supply information on the practical use made of the data that they contain.

Articles 10, 11 and 16. The Committee notes that the size of the inspection staff has not increased significantly for many years. It also observes that the working of the labour inspectorate is hampered by a severe shortage of resources, especially transport facilities, with inspectors being limited to operating within an area reachable on foot in certain cases. The Government is requested to indicate, if possible, the number and geographical distribution of industrial and commercial workplaces liable to inspection, and also the number of workers employed therein. If such data are not available, the Committee urges the Government to adopt measures quickly for registering these establishments and recording the numbers of workers employed therein by having recourse to all practical means, including the effective cooperation of any other competent body (commercial register, tax authorities, social security institutions, etc.), so as to have the necessary information for determining, in the context of the annual state budget, human, material and logistical resources for the labour inspectorate. The Committee hopes that the Government will keep the Office informed of all progress made to this end, and also of any difficulties encountered.

Articles 20 and 21. The Committee requests the Government to take steps to fulfil the conditions, as prescribed by Article 20, enabling the publication and transmission to the ILO of an annual general report on the work of the inspection services, containing available information on each of the subjects listed in Article 21 and presented as far as possible as recommended by Paragraph 9 of Recommendation No. 81, and to keep the ILO informed of all progress made in this respect. The Committee draws the Government’s attention to the possibility of requesting technical assistance from the ILO in order to give effect to these provisions and also to seek the necessary financial resources in the context of international economic cooperation.

International cooperation. The Committee notes the information supplied by the Government regarding the seminar on cooperation in the field of labour inspection which took place in August 2006 between the member States of the Community of Portuguese-Speaking Countries (CPLP). It requests the Government to indicate the action taken, if applicable, further to the conclusions and recommendations of the seminar, especially regarding the setting up of collaboration on the exchange of information and documentation, technical assistance with the drafting of supplementary legislation, devising of methods, and also cooperation with regard to initial and subsequent training for inspectors. With reference to a previous Government report concerning funding by the abovementioned organization for the training of more than 50 inspectors, the Committee requests the Government to provide further information on the implementation of this training, on the other cooperation activities under way or planned, and also on their impact on the results of labour inspections.

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

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

The Committee notes the Government’s brief report for the period January–September 2006 and the attached documents. The Government is requested to supply further information on the following points.

Article 5 of the Convention. The Committee requests the Government to indicate the steps taken by the competent authorities to promote: effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities (Article 5(a)); and collaboration between officials of the labour inspectorate and employers and workers or their organizations (Article 5(b)).

Article 6. Please indicate the manner in which effect is given to this provision, according to which the inspection staff must be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences.

Article 7. Please supply information on arrangements for, and the length and content of, initial training for labour inspectors at the time of their appointment and on the content of any subsequent training.

Article 8. Please state the proportion of women at each level of responsibility in the labour inspectorate and indicate whether special duties are assigned to men and women inspectors.

Article 9. Please indicate the measures taken, in accordance with this Article, to ensure that duly qualified technical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, are associated in the work of inspection, for the purpose of securing the enforcement of the legal provisions relating to the health and safety of workers and of investigating the effects of processes, materials and methods of work on the health and safety of workers. The Committee would be grateful if the Government would also provide copies of the texts serving as the legal basis for such collaboration and also give practical examples of the implementation thereof.

Articles 14 and 21. The Committee requests the Government to indicate the cases and the circumstances in which the labour inspectorate must be notified of industrial accidents and cases of occupational disease (declaration deadline, causes, extent of injuries, length of incapacity for work, number of casualties, etc.), pursuant to section 56 of Decree No. 24-A/90 on labour inspection regulations. It would be grateful if the Government would also indicate the steps taken to ensure the collection of relevant data for the inclusion thereof in an annual report in conformity with Article 21(f) and (g) of the Convention. If such is not yet the case, it requests the Government to take measures to this end, to keep the Office informed thereof and notify it of any difficulties encountered.

Article 18. The Committee notes that section 38(a) and (b) of the Labour Inspection Regulations provides for the imposition of penal sanctions on employers guilty of obstructing labour inspectors in the performance of their duties (section 186 of the Penal Code) and on anyone guilty of false testimony or false statements (sections 28 and 188 of the Penal Code). The Committee would be grateful if the Government would indicate the manner in which contraventions of the legislation concerning conditions of work and the protection of workers are penalized and send copies of the relevant legal provisions.

Article 19. Noting that, under section 17(h) of the Labour Inspection Regulations, inspectors are required to draw up and submit to their superiors for examination quarterly reports on the inspection activities undertaken and the results achieved, the Committee requests the Government to send copies, by way of example, of such periodic reports and supply information on the practical use made of the data that they contain.

Articles 10, 11 and 16. The Committee notes that the size of the inspection staff has not increased significantly for many years. It also observes that the working of the labour inspectorate is hampered by a severe shortage of resources, especially transport facilities, with inspectors being limited to operating within an area reachable on foot in certain cases. The Government is requested to indicate, if possible, the number and geographical distribution of industrial and commercial workplaces liable to inspection, and also the number of workers employed therein. If such data are not available, the Committee urges the Government to adopt measures quickly for registering these establishments and recording the numbers of workers employed therein by having recourse to all practical means, including the effective cooperation of any other competent body (commercial register, tax authorities, social security institutions, etc.), so as to have the necessary information for determining, in the context of the annual state budget, human, material and logistical resources for the labour inspectorate. The Committee hopes that the Government will keep the Office informed of all progress made to this end, and also of any difficulties encountered.

Articles 20 and 21. The Committee requests the Government to take steps to fulfil the conditions, as prescribed by Article 20, enabling the publication and transmission to the ILO of an annual general report on the work of the inspection services, containing available information on each of the subjects listed in Article 21 and presented as far as possible as recommended by Paragraph 9 of Recommendation No. 81, and to keep the ILO informed of all progress made in this respect. The Committee draws the Government’s attention to the possibility of requesting technical assistance from the ILO in order to give effect to these provisions and also to seek the necessary financial resources in the context of international economic cooperation.

International cooperation. The Committee notes the information supplied by the Government regarding the seminar on cooperation in the field of labour inspection which took place in August 2006 between the member States of the Community of Portuguese-Speaking Countries (CPLP). It requests the Government to indicate the action taken, if applicable, further to the conclusions and recommendations of the seminar, especially regarding the setting up of collaboration on the exchange of information and documentation, technical assistance with the drafting of supplementary legislation, devising of methods, and also cooperation with regard to initial and subsequent training for inspectors. With reference to a previous Government report concerning funding by the abovementioned organization for the training of more than 50 inspectors, the Committee requests the Government to provide further information on the implementation of this training, on the other cooperation activities under way or planned, and also on their impact on the results of labour inspections.

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

The Committee notes the Government’s brief report for the period January–September 2006 and the attached documents. The Government is requested to supply further information on the following points.

Article 5 of the Convention. The Committee requests the Government to indicate the steps taken by the competent authorities to promote: effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities (Article 5(a)); and collaboration between officials of the labour inspectorate and employers and workers or their organizations (Article 5(b)).

Article 6. Please indicate the manner in which effect is given to this provision, according to which the inspection staff must be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences.

Article 7. Please supply information on arrangements for, and the length and content of, initial training for labour inspectors at the time of their appointment and on the content of any subsequent training.

Article 8. Please state the proportion of women at each level of responsibility in the labour inspectorate and indicate whether special duties are assigned to men and women inspectors.

Article 9. Please indicate the measures taken, in accordance with this Article, to ensure that duly qualified technical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, are associated in the work of inspection, for the purpose of securing the enforcement of the legal provisions relating to the health and safety of workers and of investigating the effects of processes, materials and methods of work on the health and safety of workers. The Committee would be grateful if the Government would also provide copies of the texts serving as the legal basis for such collaboration and also give practical examples of the implementation thereof.

Articles 14 and 21. The Committee requests the Government to indicate the cases and the circumstances in which the labour inspectorate must be notified of industrial accidents and cases of occupational disease (declaration deadline, causes, extent of injuries, length of incapacity for work, number of casualties, etc.), pursuant to section 56 of Decree No. 24-A/90 on labour inspection regulations. It would be grateful if the Government would also indicate the steps taken to ensure the collection of relevant data for the inclusion thereof in an annual report in conformity with Article 21(f) and (g) of the Convention. If such is not yet the case, it requests the Government to take measures to this end, to keep the Office informed thereof and notify it of any difficulties encountered.

Article 18. The Committee notes that section 38(a) and (b) of the Labour Inspection Regulations provides for the imposition of penal sanctions on employers guilty of obstructing labour inspectors in the performance of their duties (section 186 of the Penal Code) and on anyone guilty of false testimony or false statements (sections 28 and 188 of the Penal Code). The Committee would be grateful if the Government would indicate the manner in which contraventions of the legislation concerning conditions of work and the protection of workers are penalized and send copies of the relevant legal provisions.

Article 19. Noting that, under section 17(h) of the Labour Inspection Regulations, inspectors are required to draw up and submit to their superiors for examination quarterly reports on the inspection activities undertaken and the results achieved, the Committee requests the Government to send copies, by way of example, of such periodic reports and supply information on the practical use made of the data that they contain.

Articles 10, 11 and 16. The Committee notes that the size of the inspection staff has not increased significantly for many years. It also observes that the working of the labour inspectorate is hampered by a severe shortage of resources, especially transport facilities, with inspectors being limited to operating within an area reachable on foot in certain cases. The Government is requested to indicate, if possible, the number and geographical distribution of industrial and commercial workplaces liable to inspection, and also the number of workers employed therein. If such data are not available, the Committee urges the Government to adopt measures quickly for registering these establishments and recording the numbers of workers employed therein by having recourse to all practical means, including the effective cooperation of any other competent body (commercial register, tax authorities, social security institutions, etc.), so as to have the necessary information for determining, in the context of the annual state budget, human, material and logistical resources for the labour inspectorate. The Committee hopes that the Government will keep the Office informed of all progress made to this end, and also of any difficulties encountered.

Articles 20 and 21. The Committee requests the Government to take steps to fulfil the conditions, as prescribed by Article 20, enabling the publication and transmission to the ILO of an annual general report on the work of the inspection services, containing available information on each of the subjects listed in Article 21 and presented as far as possible as recommended by Paragraph 9 of Recommendation No. 81, and to keep the ILO informed of all progress made in this respect. The Committee draws the Government’s attention to the possibility of requesting technical assistance from the ILO in order to give effect to these provisions and also to seek the necessary financial resources in the context of international economic cooperation.

International cooperation. The Committee notes the information supplied by the Government regarding the seminar on cooperation in the field of labour inspection which took place in August 2006 between the member States of the Community of Portuguese-Speaking Countries (CPLP). It requests the Government to indicate the action taken, if applicable, further to the conclusions and recommendations of the seminar, especially regarding the setting up of collaboration on the exchange of information and documentation, technical assistance with the drafting of supplementary legislation, devising of methods, and also cooperation with regard to initial and subsequent training for inspectors. With reference to a previous Government report concerning funding by the abovementioned organization for the training of more than 50 inspectors, the Committee requests the Government to provide further information on the implementation of this training, on the other cooperation activities under way or planned, and also on their impact on the results of labour inspections.

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

The Committee notes the Government’s report and the information it contains in reply to the Committee’s previous comments and requests the Government to continue to supply detailed information, particularly in regard to the following points.

1. Publication of an annual report. The Committee recalls that, by virtue of Article 20 of the Convention, an annual report on the work of the labour inspection services must not only be prepared, but also published within a reasonable time and transmitted to the ILO. The Committee requests the Government to attach copies of these annual reports to its forthcoming reports on the application of the Convention.

2. International cooperation and ILO technical assistance. With reference to its previous comments, the Committee notes with interest that the Government has obtained financing from the Community of Portuguese-speaking Countries for training more than 50 inspectors. The Committee requests the Government to continue to provide information on technical cooperation activities that are in progress or envisaged in regard to training of inspectors or with a view to revising the conditions of service of the General Labour Inspectorate.

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

Referring also to its observation, the Committee requests the Government to supply supplementary information on the following matters.

1. Legislation on industrial health and safety. The Committee notes the Government’s announcement in its latest report of a preliminary draft legislative decree on industrial hygiene, safety and health.

2. ILO technical assistance and training of labour inspectors. The Committee notes that the lack of financial resources prevents implementation of the programmes on initial and in-service training of labour inspectors and that a request for technical assistance in the matter has been addressed to the ILO. It hopes that this application will produce rapid results. In this regard, the Committee emphasizes that technical assistance is subject to measures of a formal nature being carried out with the competent services of the Office and that its effectiveness depends largely on active participation by the Government. The Committee trusts that the Government will demonstrate a firm commitment to work towards considerably improved means and operation of the labour inspection service in order to achieve the objectives of the Convention, that it will promote significant budgetary measures on the part of the competent national authorities to this end and will seek financial resources in an active and focused manner in the framework of international cooperation. The Government is requested to keep the ILO informed of progress in its request for technical assistance for the purpose of training inspection staff and to supply the available information requested in the report form on the Convention under Articles 4, 5, 10, 11, 14, 16 and 19.

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

The Committee notes the Government’s report and the information provided in reply to its previous comments. Noting the difficulties in the application of the Convention mentioned by the Government, it draws the Government’s attention to the following points.

1. Human and financial resources necessary for the operation of a system of labour inspection. The Committee notes the rudimentary nature of the labour inspectorate, both from the point of view of human resources and material and financial resources. It notes that the General Labour Inspectorate lacks the most elementary facilities for its operation, such as electrical current, appropriately equipped premises and transport facilities. The lack of human and material resources of the inspection services is compounded, according to the Government, by the shortcomings of the general legislation respecting occupational safety and health. Noting that a draft Labour Code was submitted to the competent technical services of the ILO for examination in 1998, the Committee would be grateful if the Government would provide information on the action taken with regard to the draft text.

2. ILO technical assistance and international cooperation. The Committee is grateful to the Government for the statistics provided, despite the major difficulties referred to above, particularly concerning the staff and activities of the labour inspection services, and the information concerning the recent adoption of new conditions of service of the General Labour and Social Security Inspectorate. It reminds the Government that, where the economic situation of the country does not allow the adequate implementation of the Convention, recourse to international cooperation and ILO technical assistance may help in improving its application. The Government is requested to provide information on any measures taken in this respect and on the results achieved, as well as a copy of the new conditions of service of the General Labour and Social Security Inspectorate.

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:

Articles 10, 11 and 16 of the Convention. The Committee notes the information contained in the Government's report and the report on inspection activities for 1992. It notes in particular that the General Labour Inspectorate is composed of 14 officials, including one chief inspector and two labour inspectors, and that the premises of the inspection services are very small and do not provide acceptable conditions for the work of the staff of the inspectorate or for receiving members of the public. Furthermore, for reasons of an economic nature related to the lack of spare parts, only one car is available to the inspectors. The Committee also notes that 549 inspection visits were undertaken in 1992 and that the visits carried out by the occupational health and safety department were principally designed to inform, educate and guide workers and employers to assist them understand and give effect to the relevant technical standards. It hopes that measures to strengthen the resources of the labour inspectorate, including the recruitment of more inspectors, will be taken in order to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Articles 20 and 21. The Committee notes that the report on the activities of the inspection services provided by the Government refers to 1992 and contains information on the staff of the labour inspection service (paragraph (b)), the number of inspection visits (paragraph (d)), and the number of violations committed and the amount of the fines imposed (paragraph (e)). The Committee hopes that it will be possible to take measures in the near future to transmit to the ILO the annual inspection reports, containing all the data referred to in Article 21, within the time limits set in Article 20.

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

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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 10, 11 and 16 of the Convention. The Committee notes the information contained in the Government's report and the report on inspection activities for 1992. It notes in particular that the General Labour Inspectorate is composed of 14 officials, including one chief inspector and two labour inspectors, and that the premises of the inspection services are very small and do not provide acceptable conditions for the work of the staff of the inspectorate or for receiving members of the public. Furthermore, for reasons of an economic nature related to the lack of spare parts, only one car is available to the inspectors. The Committee also notes that 549 inspection visits were undertaken in 1992 and that the visits carried out by the occupational health and safety department were principally designed to inform, educate and guide workers and employers to assist them understand and give effect to the relevant technical standards. It hopes that measures to strengthen the resources of the labour inspectorate, including the recruitment of more inspectors, will be taken in order to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Articles 20 and 21. The Committee notes that the report on the activities of the inspection services provided by the Government refers to 1992 and contains information on the staff of the labour inspection service (paragraph (b)), the number of inspection visits (paragraph (d)), and the number of violations committed and the amount of the fines imposed (paragraph (e)). The Committee hopes that it will be possible to take measures in the near future to transmit to the ILO the annual inspection reports, containing all the data referred to in Article 21, within the time-limits set in Article 20.

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 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 10, 11 and 16 of the Convention. The Committee notes the information contained in the Government's report and the report on inspection activities for 1992. It notes in particular that the General Labour Inspectorate is composed of 14 officials, including one chief inspector and two labour inspectors, and that the premises of the inspection services are very small and do not provide acceptable conditions for the work of the staff of the inspectorate or for receiving members of the public. Furthermore, for reasons of an economic nature related to the lack of spare parts, only one car is available to the inspectors. The Committee also notes that 549 inspection visits were undertaken in 1992 and that the visits carried out by the occupational health and safety department were principally designed to inform, educate and guide workers and employers to assist them understand and give effect to the relevant technical standards. It hopes that measures to strengthen the resources of the labour inspectorate, including the recruitment of more inspectors, will be taken in order to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Articles 20 and 21. The Committee notes that the report on the activities of the inspection services provided by the Government refers to 1992 and contains information on the staff of the labour inspection service (paragraph (b)), the number of inspection visits (paragraph (d)), and the number of violations committed and the amount of the fines imposed (paragraph (e)). The Committee hopes that it will be possible to take measures in the near future to transmit to the ILO the annual inspection reports, containing all the data referred to in Article 21, within the time-limits set in Article 20.

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

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:

The Committee notes with regret that no progress has yet been made with regard to the adoption of the draft Organic Act of the Ministry of the Public Service and Labour, the draft concerning the conditions of employment of the public service and the draft concerning the conditions of employment of the general labour inspectorate, which were to ensure that effect was given to most of the Articles of the Convention. It trusts that the Government will take the necessary measures to ensure that the above drafts are adopted shortly.

Articles 20 and 21 of the Convention. The Committee requests the Government to transmit the latest annual reports on the activities of the inspection services, even if they do not contain all the information required by Article 21. Furthermore, the Committee recalls that it attaches great importance to the publication of full annual reports and therefore repeats its request to the Government to take the necessary measures to give full effect to these provisions of the Convention.

The Government might wish to contact the competent services of the Office to obtain technical cooperation as regards the Convention.

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

Articles 10, 11 and 16 of the Convention. The Committee notes the information contained in the Government's report and the report on inspection activities for 1992. It notes in particular that the General Labour Inspectorate is composed of 14 officials, including one chief inspector and two labour inspectors, and that the premises of the inspection services are very small and do not provide acceptable conditions for the work of the staff of the inspectorate or for receiving members of the public. Furthermore, for reasons of an economic nature related to the lack of spare parts, only one car is available to the inspectors. The Committee also notes that 549 inspection visits were undertaken in 1992 and that the visits carried out by the occupational health and safety department were principally designed to inform, educate and guide workers and employers to assist them understand and give effect to the relevant technical standards. It hopes that measures to strengthen the resources of the labour inspectorate, including the recruitment of more inspectors, will be taken in order to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Articles 20 and 21. The Committee notes that the report on the activities of the inspection services provided by the Government refers to 1992 and contains information on the staff of the labour inspection service (paragraph (b)), the number of inspection visits (paragraph (d)), and the number of violations committed and the amount of the fines imposed (paragraph (e)). The Committee hopes that it will be possible to take measures in the near future to transmit to the ILO the annual inspection reports, containing all the data referred to in Article 21, within the time-limits set in Article 20.

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

With reference to its previous comments, the Committee notes with satisfaction the coming into force of the Regulations respecting the general inspectorate of labour and social security, approved by Decree No. 24-A/90, which give effect to Articles 1 to 7, 9, 12 to 15 and 17 to 19 of the Convention.

The Committee is addressing a request directly to the Government on a certain number of other matters.

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

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 notes with regret that no progress has yet been made with regard to the adoption of the draft Organic Act of the Ministry of the Public Service and Labour, the draft concerning the conditions of employment of the public service and the draft concerning the conditions of employment of the general labour inspectorate, which were to ensure that effect was given to most of the Articles of the Convention. It trusts that the Government will take the necessary measures to ensure that the above drafts are adopted shortly.

Articles 20 and 21 of the Convention. The Committee requests the Government to transmit the latest annual reports on the activities of the inspection services, even if they do not contain all the information required by Article 21. Furthermore, the Committee recalls that it attaches great importance to the publication of full annual reports and therefore repeats its request to the Government to take the necessary measures to give full effect to these provisions of the Convention.

The Government might wish to contract the competent services of the Office to obtain technical cooperation as regards the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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 notes with regret that no progress has yet been made with regard to the adoption of the draft Organic Act of the Ministry of the Public Service and Labour, the draft concerning the conditions of employment of the public service and the draft concerning the conditions of employment of the general labour inspectorate, which were to ensure that effect was given to most of the Articles of the Convention. It trusts that the Government will take the necessary measures to ensure that the above drafts are adopted shortly.

Articles 20 and 21 of the Convention. The Committee requests the Government to transmit the latest annual reports on the activities of the inspection services, even if they do not contain all the information required by Article 21. Furthermore, the Committee recalls that it attaches great importance to the publication of full annual reports and therefore repeats its request to the Government to take the necessary measures to give full effect to these provisions of the Convention.

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

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 with regret that no progress has yet been made with regard to the adoption of the draft Organic Act of the Ministry of the Public Service and Labour, the draft concerning the conditions of employment of the public service and the draft concerning the conditions of employment of the general labour inspectorate, which were to ensure that effect was given to most of the Articles of the Convention. It trusts that the Government will take the necessary measures to ensure that the above drafts are adopted shortly.

Articles 20 and 21 of the Convention. The Committee requests the Government to transmit the latest annual reports on the activities of the inspection services, even if they do not contain all the information required by Article 21. Furthermore, the Committee recalls that it attaches great importance to the publication of full annual reports and therefore repeats its request to the Government to take the necessary measures to give full effect to these provisions of the Convention.

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

The Committee notes with regret that no progress has yet been made with regard to the adoption of the draft Organic Act of the Ministry of the Public Service and Labour, the draft concerning the conditions of employment of the public service and the draft concerning the conditions of employment of the general labour inspectorate, which were to ensure that effect was given to most of the Articles of the Convention. It trusts that the Government will take the necessary measures to ensure that the above drafts are adopted shortly.

Articles 20 and 21 of the Convention. The Committee requests the Government to transmit the latest annual reports on the activities of the inspection services, even if they do not contain all the information required by Article 21. Furthermore, the Committee recalls that it attaches great importance to the publication of full annual reports and therefore repeats its request to the Government to take the necessary measures to give full effect to these provisions of the Convention.