Labour Inspection Convention, 1947 (No. 81) - Indonesia (Ratification: 2004)

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

Articles 1, 4, 10,11 and 16 of the Convention. Structure and coordination of the labour inspection system. Frequency of inspection visits. The Committee notes that, in reply to its previous comment, the Government refers to the adoption of a number of circulars and decrees that would serve as guidelines for labour inspectors in the performance of their duties. The Committee also notes the Government’s indication that a strategic plan 2020-2024 was adopted aiming at improving the quality and effectiveness of the labour inspection system, including the strengthening of law enforcement on employment issues. The Committee understands that in the context of the implementation of this strategic plan, the Government is considering developing new inspection methods, including giving an opportunity to companies to assess their own level of compliance with labour laws. The Government also indicates that it has regulated the labour inspection model, including the types of reporting forms, through the Minister of Manpower Regulation No. 1 of 2020 concerning Amendments to the Minister of Manpower Regulation No. 33 of 2016 on Procedures for Labour Inspection. The Committee notes that, as an outcome of a national coordination meeting of labour inspectors it is planning some follow-up activities, such as giving instructions to regional governments to address obstacles faced by inspectors in the regions and the formulation of memoranda and joint decrees to strengthen the cooperation with other Government agencies such as the police, the immigration department, the army and state intelligence. The Committee notes that the Ministry of Manpower is also developing an information system to improve the reporting and coordination mechanisms in law enforcement. The Committee requests the Government to provide details on the obstacles identified by labour inspectors in the regions at the national coordination meeting, and to indicate the concrete measures adopted as a follow up. It also requests the Government to provide information on (i) the labour inspection model regulated through the Minister of Manpower Regulation No. 1 of 2020 and (ii) on the new information system, particularly with regard to the impact of these tools in assisting labour inspectors in carrying out their functions uniformly across the country and improving data collection at the central and provincial level. Finally, the Committee requests the Government to provide details on the implementation of the strategic plan for the improvement of the quality and effectiveness of the labour inspection system, in particular with regard to the development of self-assessment tools and how application of these tools is monitored, and their effectiveness assessed, by the labour inspection system.

Article 5(b). Collaboration of the labour inspection with employers and workers and their organizations. The Government indicates that the Labour Inspection Committee is comprised of 19 representatives of government, employers’ and workers’ organizations, as well as other stakeholders. The Government further indicates that the Committee is tasked with monitoring the implementation of regulations on various matters, such as outsourcing, minimum wages, industrial relations, working conditions, occupational safety and health, and social security. In 2020, the Labour Inspection Committee met six times and meetings resulted in recommendations that include the acceleration of the labour inspection reform. In 2021, the Labour Inspection Committee decided to promote employers’ and workers’ participation in the compliance community and to improve the cooperation between the labour inspectorate, occupational safety and health experts and social security institutions. The Committee requests the Government to provide details on the follow up given to the recommendations of the Labour Inspection Committee. It also requests the Government to continue to provide information on the composition, frequency of the meetings and deliberations of this Committee.

Article 6. Conditions of service of labour inspectors. The Government indicates that the Minister of State Apparatus Utilization and Bureaucratic Reform Regulation No. 30 of 2020 provides that the position of labour inspector is functional and requires employment status. The Government indicates that in carrying out their functions, labour inspectors must meet technical, managerial and socio-cultural competencies, in accordance with the Minister of State Apparatus Utilization and Bureaucratic Reform Regulation No. 91 of 2020 concerning Competency Standards for Functional Positions of Labour Inspectors. The Government also indicates that there is a competency test when an official is promoted to a higher position, as stated in Minister of Manpower and Transmigration Decree No. 43 of 2021. The Committee requests the Government to provide detailed information on the conditions of service of labour inspectors, including their levels of remuneration and their employment tenure in comparison to the remuneration levels and job tenure of other officials exercising functions of similar complexity and responsibility, such as tax collectors and the police. In addition, the Committee requests the Government to provide information on the career structure of the labour inspectorate, including levels and positions as well as the number of appointments made at each position.

Article 7. Recruitment and training of labour inspectors. The Committee notes that in reply to its previous request,the Government provides information on a series of training activities delivered on various topics at the national level and on the number of participants. The Committee notes that the Association of Labour Inspectors (APKI) was created as a forum to increase the capacity and professionalism of labour inspectors, share experiences and best practices, and implement the code of ethics and professional code of conduct for labour inspectors. The Committee requests the Government to continue to provide detailed information on the training offered to labour inspectors in the country, including their frequency, attendance, and impact, and the proportion of the total number of labour inspectors receiving training each year. It also requests the Government to provide information on the training delivered to labour inspectors in the provinces. Moreover, the Committee requests the Government to provide information on the activities of the Association of Labour Inspectors.

Articles 19, 20 and 21. Periodic and annual reports on the work of the labour inspection services. The Government indicates that in an effort to improve reporting, a national-level labour reporting system (Siswasnaker) was created and integrated with other systems. The Government also indicates that a review of the labour inspection reporting system is being carried out. The Committee notes that the Government report includes statistics, with break downs for each province, on the number of labour inspectors, inspection visits, violations detected, workplaces liable to inspection and the number of workers employed therein, and occupational accidents and diseases. The committee notes that the Government does not provide information on penalties imposed in cases where violations were detected. The Committee requests the Government to pursue its effort to ensure that the statistics provided are published in an annual labour inspection report in accordance with Article 20 and that such report contain information on all subjects listed in Article 21.

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

Articles 1, 4, 10 and 11 of the Convention. Impact of decentralization on the effective functioning of the labour inspection system. Number of labour inspectors and material means placed at their disposal. The Government indicates in its report that the Ministry of Manpower has a policy on increasing the number of labour inspectors, based on the Minister of Manpower Regulation No. 4 of 2017. It adds that in 2020, 1,694 labour inspectors (1,169 men and 525 women) were employed across 34 provinces in the country, with the district of East Java employing most labour inspectors (182). The Committee notes that this represents an increase in the number of inspectors in comparison to 2018 when 1,574 inspectors were reported but that this number is still lower than the 1,927 inspectors reported in 2016. With respect to the improvement of facilities and infrastructure, the Government indicates that it is encouraging local governments to allocate their regional funds for labour inspection facilities and infrastructure in their respective regions. The Committee notes that, in 2020, the Labour Inspection Committee made recommendations to the Ministry of Manpower in order to accelerate labour inspection reforms, to initiate centralized implementation of labour inspection, and to provide facilities and infrastructure that meet health standards and protocols that allow labour inspectors to carry out their duties and functions. The Committee once again requests the Government to take the necessary measures to ensure that labour inspectors are appointed in sufficient numbers, in accordance with Article 10 of the Convention. It requests the Government to provide information on the total number of appointed labour inspectors (disaggregated by gender), and the allocation of resources to labour inspection officers by the provincial and city/district levels of government. The Committee also requests the Government to provide detailed information on the measures taken to follow up with respect to the recommendations of the Labour Inspection Committee concerning labour inspection reforms, centralized implementation of labour inspection, and improvement of conditions of work of labour inspectors.

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

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

Articles 1, 4, 10 and 11 of the Convention. Impact of decentralization on the effective functioning of the labour inspection system. Structure and coordination of the labour inspection system. With regard to its previous comments concerning the capacity of the central authority to ensure harmonized, coordinated and integrated enforcement throughout the country, the Committee notes the Government’s indication in its report that it has undertaken various measures, including the adoption of Law No. 23 of 2014 on regional governments, which concerns the supervision of regional levels of government by the central Government (sections 7 and 8 of the Law). The Committee also notes the Government’s statement that the annual labour inspection coordination meetings have resulted in recommendations and/or mutual agreements between the central and regional governments. In addition, with regard to its previous comments on the establishment of the Labour Inspector Information Network System, the Committee notes the Government’s reference to the development of a number of systems, including LAPOR!, a system for receiving complaints relating to employment violation issues. It observes that, according to the report by the Directorate General of Labour Inspection and Occupational Safety and Health (OSH) Development, entitled “Strategy for Strengthening Labour Inspection in Indonesia” published in 2018 in collaboration with the ILO Country Office in Jakarta, reporting systems and data collection on occupational injuries and diseases are still weak in Indonesia, with a considerable data gap because the numbers are based on approximately 20 per cent of the workers in the country. The report notes that, as a result, many work-related accidents and occupational diseases are not reported or recorded, and therefore not addressed. The Committee welcomes in this regard information from the ILO Decent Work Team for East and South East Asia and the Pacific that the Government has undertaken efforts to work with the ILO concerning the development of its national information network system for labour inspectors. The Committee requests the Government to provide further information on the measures taken to strengthen the capacity of the central authority to ensure harmonized, coordinated and integrated law enforcement in the country, including circulars on inspection policies, model inspection and report forms as well as instructions on methods of inspection, and to provide further information on the joint planning, mutual agreements, recommendations and assistance resulting from annual labour inspection coordination meetings. In addition, the Committee requests the Government to pursue its efforts towards improving its information technology system to assist labour inspectors in carrying out their functions uniformly across the country and to improve the central authority's data collection, including on inspection activities at the provincial level. In this respect, the Government is requested to continue to provide information, including on the impact of the system's improvements on coordination and enforcement.

Article 5(b). Collaboration of the labour inspection with employers and workers and their organizations. The Committee previously noted the creation of the Labour Inspection Committee, with representatives of the Government and from employers’ and workers’ organizations, to provide input to the Minister regarding the formulation and determination of labour inspection policy. In this respect, the Committee notes that, pursuant to the Decree of the Director General of Labour Inspection and OSH Development No. 4 of 2018, the composition of the Labour Inspection Committee has been decided for a time period of two years, until 31 December 2019, and includes representatives from employers’ and workers’ organizations. The Committee requests the Government to provide further information on the functioning of the Labour Inspection Committee in practice, including the frequency of its meetings, the issues discussed and the outcome of its deliberations.

Article 7. Recruitment and training of labour inspectors. With regard to its previous comments on the laws and regulations governing the appointment of labour inspectors (referred to in section 14(2) of Presidential Decree No. 21 of 2010), the Committee notes the educational requirements and training and assessment pre-requisites for the appointment of labour inspectors contained in Decree of the Minister for State Apparatus Reform No. 19 of 2010 concerning the position of Labour Inspection Officer. The Committee also notes the Government’s reference to the subjects of trainings required for labour inspectors (basic training) as well as the available specialized training subjects. It observes an absence of information, however, regarding the frequency, attendance, and impact of training activities provided to labour inspectors upon their entry into service and in the course of employment. In this respect, the Committee notes the indication in the “Strategy for Strengthening Labour Inspection in Indonesia” report that labour inspectors have limited training and professional development opportunities. The Committee requests the Government to provide further detailed information on its efforts to provide adequate training to labour inspectors in the country, including the frequency, attendance, and impact of such training, so as to enable labour inspectors to perform their duties efficiently and independently.

Articles 19, 20 and 21. Periodic reports and annual report on the work of the labour inspection services. The Committee previously noted the Government’s statement that reporting from the regional level to the national level of government faced obstacles, and it requested the Government to take the necessary measures to enable the central authority to prepare and publish an annual labour inspection report. The Committee notes in this respect the Government’s statement that the enactment of Law No. 23 of 2014 on regional governments would contribute to the streamlining of the reporting process, by ensuring that reports are directly submitted by the provincial government to the central government. Noting the measures underway to develop a national information system for labour inspectors, the Committee urges the Government to pursue its efforts to enable the central authority to prepare and publish an annual labour inspection report within the time limits prescribed by Article 20 of the Convention, and to submit a copy to the ILO. It also requests the Government to ensure that such reports contain information on all subjects listed in Article 21 of the Convention. In addition, the Committee requests the Government to provide information as to the impact of any measures taken on the frequency and accuracy of reporting from the provincial and city/district levels to the central level.

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

Articles 1, 4, 10 and 11 of the Convention. Impact of decentralization and the effective functioning of the labour inspection system. Number of labour inspectors and material means placed at their disposal. In its previous comments, the Committee noted that one of the results of the decentralization of the labour inspection system was the unequal allocation of financial resources among local labour inspection services. The Committee notes the Government’s indication in its report that, based on necessity and the lack of manpower, local civil servants may follow basic training on labour inspection to be deployed in the relevant area. The Committee also notes that, according to information provided by the ILO Country Office in Jakarta, 108 labour inspectors were appointed from existing civil servants in 2018. The Government also indicates that the Ministry of Manpower provides assistance to provincial government officials, which includes the testing of equipment for occupational safety and health (OSH) purposes. The Committee notes that while the Government’s report, submitted in 2017, places the number of labour inspectors at 1,987, the Directorate-General of Labour Inspection and OSH Development, in its report entitled “Strategy for Strengthening Labour Inspection in Indonesia”, indicates that the number of labour inspectors has declined over the past four years from 1,927 in 2016 to 1,574 in 2018, and that the budget allocation for labour inspection has decreased from year to year. That report further identified the need for additional facilities and infrastructure for labour inspectors, including adding new means of transportation and offices with adequate equipment. Recalling that labour inspectors must be appointed in sufficient numbers to secure the effective discharge of their duties, the Committee urges the Government to take the necessary measures to ensure that labour inspectors are appointed in sufficient numbers at all levels (national, provincial and district/city), in accordance with Article 10 of the Convention. It requests the Government to continue to provide information on the total number and geographical distribution of appointed labour inspectors (disaggregated by gender), including identifying the number of inspectors recruited from existing civil servants, and the allocation of resources to labour inspection offices by the provincial and city/district levels of government. The Committee also requests the Government to take measures to improve the material conditions of work of labour inspectors in terms of offices, equipment and transport facilities, in accordance with Article 11 of the Convention, and to provide further information regarding measures taken or envisaged in this regard.

Article 6. Conditions of service of labour inspectors. The Committee notes the indication in the “Strategy for Strengthening Labour Inspection in Indonesia” report that, in addition to limited training and professional development opportunities, the low levels of remuneration do not encourage a professional inspectorate. The Committee requests the Government to take the necessary measures to ensure that the inspection staff is composed of public officials whose conditions of service are such that they are assured the stability of employment, in accordance with Article 6 of the Convention. It requests the Government to provide further information in this regard.

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

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

Articles 1, 4, 10 and 11 of the Convention. Impact of decentralization on the effective functioning of the labour inspection system. 1. Structure and coordination of the labour inspection system. The Committee notes from the Government’s report that the Government has pursued its efforts to mitigate the difficulties that resulted from the decentralization of the labour inspection system. It notes the Government’s statement that in order to optimize the implementation of labour inspection, it has undertaken a number of measures, including the issuance of a Joint Regulation between the Minister of Manpower and Transmigration and the Minister of Home Affairs concerning the optimization of labour inspection at the provincial and district/city levels. The Government also indicates that, in order to improve coordination of labour inspection, the central and regional levels of Government conduct national labour inspection coordination meetings and regional labour inspection coordination meetings annually. In addition, in an effort to ensure the optimal implementation of inspection functions at the regional level, the Minister of Manpower and Transmigration has communicated with the Minister for State Apparatus Reforms concerning the need for labour inspection offices to be placed throughout the country. The Committee further notes that the Director General of the Labour Inspectorate is developing an Information Network System, pursuant to the Decree of the Minister of Manpower and Transmigration No. 15 of 2011 concerning the Labour Inspector Information Network. With reference to its previous comments, the Committee requests that the Government provide further information on the measures taken to strengthen the capacity of the central authority to ensure harmonized, coordinated and integrated law enforcement throughout the country and to indicate any further measures taken to ensure that the central authority may effectively supervise the functioning of the labour inspection system, including circulars on inspection policies, model inspection and report forms as well as instructions on methods of inspection. It requests further information on the annual labour inspection coordination meetings, including the issues discussed and the impact of any decisions taken. In addition, the Committee requests that the Government continue to provide information on the establishment of the Labour Inspector Information Network system, and the impact of this system, once established.

2. Number of labour inspectors and material means placed at their disposal. The Committee previously noted that one of the results of the decentralization of the labour inspection system was the unequal allocation of financial resources among local labour inspection services. However, the Committee noted that pursuant to sections 4 and 16 of Presidential Decree No. 21 of 2010, facilities and infrastructure shall be ensured for the local labour inspection units and a plan on the needs of the labour inspection shall be elaborated annually by the Minister of Manpower and Transmigration and it requested information on the implementation of these provisions in practice.

The Committee notes the Government’s indication in the present report that, with respect to budgetary allocations, the central government distributes the budget to the provincial and district/city levels of government in the regional budget or national budget, pursuant to Presidential Decree No. 7 of 2008. The Government indicates that pursuant to Decree No. 19 of 2010 of the Minister for State Apparatus Reform concerning the functional position of Labour Inspection Officers, funding for 200 officers at the national level is assigned. At the district/city level, funding for 40 monitoring officers is assigned, and funding for 30 officers at the provincial level. The Committee observes in this regard, the significant variation in the population of provinces, from less than 1 million persons to more than 43 million in the most populated provinces. The Committee further notes the Government’s statement that the distribution of labour inspection officers is adapted to the level of industry in each area. The Government indicates that, in addition to funds from the national budget, the regional government also allocates funds to labour inspections offices, including to provide support for facilities and transportation. The Government also indicates that communication has been undertaken with all regional leaders at the provincial and district/city levels as well as with the Directorate General of Regional Autonomy on the importance of not transferring labour inspection officers to posts besides the monitoring position to which they are assigned. Observing the significant variation in the population of the provinces, and between administrative districts at the district/city levels, the Committee requests that the Government provide further information on how it ensures that labour inspectors are appointed in sufficient numbers at all levels (national, provincial and district/city), including the manner in which the number of enterprises in a region, and the number workers employed therein, is taken into account when calculating budgetary allocations. Taking note of the Government’s indication on the number of labour inspection positions assigned in the central budget, the Committee requests the Government to provide information on the total number of labour inspectors (men and women) and their geographical distribution at national, provincial and district/city levels, and to provide further information on the allocation of resources to labour inspection offices by the provincial and city/district levels of government. The Committee also requests the Government to provide information on any measures taken or envisaged to improve the material conditions of work of labour inspectors in terms of offices, equipment and transport facilities, as prescribed by Article 11 of the Convention.

Article 5(b). Collaboration of the labour inspection with employers and workers and their organizations. The Committee notes the adoption of the Regulation of the Minister of Manpower and Transmigration concerning the Labour Inspection Committee in April 2012, which establishes a Committee to provide input to the Minister regarding the formulation and determination of labour inspection policy. Section 9 of the Regulation provides that the Labour Inspection Committee shall consist of representatives of the Government and from employers’ and workers’ organizations. The Committee requests that the Government provide information on the functioning of the Labour Inspection Committee, including the frequency of its meetings, the issues discussed and the impact of its activities.

Article 7. Recruitment and training of labour inspectors. The Committee previously noted that pursuant to sections 14, 15 and 17 of Presidential Decree No. 21 of 2010, labour inspectors shall have competence and independence, shall be appointed in accordance with the applicable laws and regulations, and shall receive initial and subsequent training. It also noted the Government’s indication that serious efforts had been made to increase the number of labour inspectors and provide them with training.

The Committee notes the Government’s statement in the present report that the central Government has the authority to recruit, assign, educate and train labour inspection officers. The Government indicates that the central Government is engaged in capacity building for labour inspection officers, including through technical guidance and mentoring. In order to increase the number of labour inspectors, each year the Government allocates a budget for basic training for a minimum of 60 persons, as well as training on occupational safety and health (OSH) for an additional 60 persons. The Government has also carried out activities within the Strategic Plan of the Ministry of Manpower and Transmigration of 2010–14 to improve the quality of inspection in specific areas, including OSH, child labour, and social security. The Committee further notes that training was also carried out in collaboration with the ILO, with training provided to senior labour inspectors to prepare them for training newly recruited officers. The Committee urges the Government to pursue its efforts to provide adequate training to labour inspectors in the country to enable them perform their duties efficiently and independently. It asks the Government to continue to provide information on the subjects, attendance, frequency and impact of training activities provided to labour inspectors upon their entry into service and in the course of employment. It also requests the Government to provide a copy of the relevant laws and regulations, referred to in section 14(2) of Presidential Decree No. 21 of 2010, governing the appointment of labour inspectors.

Articles 19, 20 and 21. Periodic reports and annual report on the work of the labour inspection services. The Committee previously noted the measures taken by the Government to implement Articles 20 and 21 of the Convention, including the obligation, in section 10 of Presidential Decree No. 21 of 2010 of the district/city and provincial government to report to the central Government. The Committee notes the Government’s statement that reporting from the regional level to the national level is currently facing some obstacles. However, the Government indicates that it received ILO assistance on reporting, in the form of a workshop and data and statistics of labour inspection. The Committee requests the Government to take the necessary measures to enable the central authority to prepare and publish an annual labour inspection report within the time limits prescribed by Article 20 of the Convention, and to submit a copy to the ILO. It requests the Government to continue to provide information on measures taken in this regard, including progress made with regard to the frequency and accuracy of reporting from the provincial and city/district levels to the central level.

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

The Committee notes the Government’s report which was received at the ILO on 8 September 2010.

Legislation. The Committee notes the text of Ministerial Regulation No. PER/03/MEN/1984 on integrated labour inspection. It also notes Act No. 32 of 2004 on local government on the basis of which responsibilities in the field of labour and manpower, including labour inspection issues, have been transferred to local governments at the provincial and district/city levels. The Committee will examine these texts once a translation is available.

Articles 1, 4, 5, 6, 7, 8, 10, 11, 19, 20 and 21 of the Convention. Impact of decentralization on the effective functioning of the labour inspection system. Structure and coordination of the labour inspection system. According to the Government’s latest and previous reports, the decentralization of the labour inspection system introduced through Act No. 32 of 2004 on local government, has weakened the capacity of the central authority to supervise labour inspection activities and has resulted in the absence of accurate and timely data, unequal allocation of financial resources among local labour inspection services, and the replacement of labour inspectors in local offices by officers who were not sufficiently qualified.

The Committee notes with interest from the Government’s report that two instruments have been recently adopted in order to address these issues and promote harmonized, coordinated and integrated law enforcement in the field of manpower: Presidential Decree No. 21 of 2010 on Labour Inspection and Regulation No. 02/MEN/I/2011 of the Minister of Manpower and Transmigration concerning the promotion and coordination of labour inspection. These texts introduce an obligation to establish a labour inspection unit at central, provincial and district/city levels (Presidential Decree section 3) and provide that the system of labour inspection will be placed under the responsibility of a central authority (Presidential Decree section 18). They also stipulate that supervision shall be ensured through annual coordination meetings at national, provincial and district/city levels during which various issues, including the harmonization of policies, the identification of material needs and ways to increase the effectiveness of labour inspection, are to be “discussed and/or agreed” (Presidential Decree section 5 and Regulation No. 02/MEN/I/2011 sections 23, 26 and 27).

The Committee recalls that according to paragraph 138 of its General Survey of 2006, the labour inspectorate must function as a system under the supervision and control of a central authority so as to ensure that labour laws are applied in a coherent manner throughout a country’s territory and that the independence of the labour inspectorate from any undue external influence is guaranteed. The Committee has considered, as indicated in paragraph 140 of its General Survey of 2006, that in countries where the labour inspectorate has been decentralized, the regional or local authorities should be under an obligation to institute a system to allow the labour inspection to function effectively, including through adequate budgetary resources.

The Committee requests the Government to provide information on the impact of sections 3, 5 and 18 of the Presidential Decree as well as sections 23, 26 and 27 of Regulation No. 02/MEN/I/2011 in terms of strengthening the capacity of the central authority to ensure a harmonized, coordinated and integrated law enforcement throughout the country and to indicate any further measures taken to ensure that the central authority may effectively supervise the functioning of the labour inspection system by, for instance, such means as circulars on inspection policies, model inspection and report forms as well as instructions on methods of inspection. It also requests the Government to keep the ILO informed of progress made in establishing the information network among labour inspectors envisaged in sections 30-37 of Presidential Decree No. 21 of 2010.

Furthermore, noting from section 3 of Regulation No. 02/MEN/I/2011 that the labour inspectorate at the district/city levels appears to be placed under the authority of the governor or the “appointed official”, the Committee requests the Government to indicate the manner in which it is ensured that the labour inspection system at the provincial and district/city levels is headed by an authority which is apt to guarantee the effective supervision of labour inspection activities from a technical and deontological point of view.

Given that according to sections 15 and 32 of Regulation No. 02/MEN/I/2011, the operational budget of the labour inspection shall come from the national, regional and district/city budgets as well as “other legal and non-binding sources”, the Committee requests the Government to specify the level at which the budget of the decentralized labour inspection units is determined in practice (national, provincial or district/city) as well as the nature and amount of the “other legal and non-binding sources” of financing. The Committee would also be grateful if the Government would indicate the manner in which it is ensured that the budgetary resources are shared out among the decentralized labour inspection units on the basis of identical criteria throughout the country, as well as the impact in this regard of the implementation in practice of sections 4 and 16 of Presidential Decree No. 211 of 2010 according to which facilities and infrastructure shall be ensured for the local labour inspection units and a plan on the needs of the labour inspection shall be elaborated annually by the Minister of Labour.

Number and status of labour inspectors and material means placed at their disposal. The Committee notes that in its latest report, the Government indicates that: (i) serious efforts have been made to increase the number of labour inspectors and provide them with training and education programmes; (ii) a fund for improving the human and material resources of the labour inspectorate has been created with aid from the central Government in order to ensure the provision of technical assistance; (iii) the central Government has held training and education programmes for labour inspectors and has provided them with equipment on occupational safety and health. The Committee also notes with interest that sections 14, 15 and 17 of Presidential Decree No. 21 of 2010 indicate that labour inspectors shall have competence and independence, shall be appointed in accordance with the applicable laws and regulations, and shall receive training both at the time of recruitment and subsequently.

With reference to Articles 6, 7 and 10 of the Convention, the Committee once again requests the Government to supply information on the total number of labour inspectors (men and women) and their geographical distribution at national, provincial and district/city levels. It once again requests the Government to indicate the measures taken or envisaged so as to ensure that labour inspectors are appointed in sufficient numbers at all levels (national, provincial, district/city) with regard to the growing number of enterprises operating in the country and that such persons have the required qualifications and receive adequate training to perform their duties efficiently and independently.

Noting moreover that according to sections 24–27 of the Presidential Decree the central authority undertakes to promote labour inspection at the provincial and district/city levels through various promotional activities like mentoring, education and training in relation to institution-building, human resources, facilities and infrastructure, including information systems, the Committee requests the Government to provide details on the activities carried out and their impact in promoting harmonized, coordinated and integrated law enforcement throughout the country.

The Committee further requests the Government to indicate the legal provisions governing the appointment, rights and obligations of labour inspectors, and their conditions of service (stability in employment, career prospects, etc.) and to specify the levels of remuneration of labour inspectors in relation to comparable categories of public officials (e.g. tax inspectors).

Finally, the Committee requests the Government to keep the Office informed of any measures taken or envisaged, where necessary through external financial assistance, to improve the material conditions of work of labour inspectors in terms of offices, equipment and transport facilities, as prescribed by Article 11 of the Convention.

Annual report on the work of inspection services. The Committee notes the annual report communicated by the Government and the indication that efforts are taken to implement Articles 20 and 21 of the Convention on the basis of sections 178(2) and 179(2) of Act No. 13 of 2003 and Ministerial Decree No. 9 of 2005 as well as Presidential Decree No. 21 of 2010 which provides in section 10 for the obligation of the district/city and provincial government to report to the central Government. The Committee emphasizes that a well-functioning reporting mechanism, delineated in Articles 19–21 of the Convention, is essential to allow for effective supervision and coordination by the central authority through periodical reports to be submitted by labour inspectors or local inspection offices to the central inspection authority and an annual general report published by the central inspection authority on the work of the inspection services under its control. The Committee recalls that according to its general observation of 2010, the annual report offers an indispensable basis for the evaluation of the results of the activities of the labour inspection services and subsequently, the determination of the means necessary to improve their effectiveness. The publication of the annual inspection report, particularly through modern technological means, can also facilitate the development of exchanges in the fields of the conditions of work and the protection of workers at the regional and international levels, including through technical and financial cooperation. In addition, the protection of migrant workers through international labour policies and agreements could be reinforced through the information made available in this way. The Committee requests the Government to indicate any progress made in terms of frequency and accuracy of reporting from the local to the central level pursuant to the adoption of Presidential Regulation No. 21 of 2010. The Committee also requests the Government to indicate any additional measures taken or envisaged so as to enable the central authority to publish the annual report on labour inspection activities, with as detailed information as possible on all items listed in Article 21.

Article 3. Functions of the labour inspection system. The Committee notes the Government’s indication that action to withdraw children from the worst forms of child labour is taken in line with the labour inspection standard procedure and through social dialogue, prevention and legal action against employers who hire underage children. With reference to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee would be grateful if the Government would supply detailed information on the activities carried out by labour inspectors with a view to securing the enforcement of the legal provisions on child labour and ensuring the provision of advice to employers and workers concerning the most effective ways of complying with these provisions, in accordance with Article 3 (1) and (2), of the Convention.

Finally, with reference to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Committee requests the Government to provide information on any measures taken or envisaged to strengthen the effectiveness of the labour inspectorate in addressing cases of anti-union discrimination. In particular, the Committee would be grateful if the Government would communicate information on the number of complaints of anti-union discrimination filed with the labour inspectorate, and the steps taken to investigate these complaints and impose remedies where appropriate.

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

Legislation on labour inspection and decentralization of the labour inspection system. The Committee notes that labour inspection is regulated both by Act No. 3 of 1951, which mainly defines the functions of the labour inspection system and contains provisions on the right of labour inspectors to enter workplaces and make investigations, their obligation of secrecy and penal provisions in case of obstruction in the performance of their duties, and Ministerial Regulation No. PER/03/MEN/1984 on integrated labour inspection, the text of which is not available to the ILO. Act No. 13 on manpower, adopted in 2003, also contains a few provisions on labour inspection (sections 176–182) and a recent regulation (Minister of Manpower Regulation No. PER/09/MEN/V/2005), made under section 179(2) of the above Act, establishes the procedure for the submission of reports on the conduct of labour inspection and the related obligations at each decentralized level.

The Committee notes that, further to the adoption in 2004 of Act No. 32 on local government, responsibilities in the field of labour and manpower, including labour inspection issues, have been transferred to local governments at the provincial and district/city levels. As a consequence, the labour inspection system has been decentralized and the central government remains responsible only for formulating policies on labour inspection. In order to be able to obtain a comprehensive view of the legal aspects of the decentralization process and its impact on the labour inspection system with regard to the principles established by the Convention, the Committee would be grateful if the Government would supply a copy of Act No. 32 of 2004. It also requests it to keep the Office informed of the adoption of the draft Government Regulation on the distribution of responsibilities between the central, provincial and district/city levels announced in its 2007 report.

Furthermore, the Committee understands from the Government’s report that as part of the process of adapting the legal provisions to the new administrative structure, the administration is in the process of drafting new regulations on labour inspection respecting the structure of labour inspection services, the status of labour inspectors, inspection procedures and the obligations of local governments to provide infrastructure to the labour inspection services. These regulations will also implement the Act on manpower of 2003, as envisaged in section 178(2), with a view to overcoming some of the difficulties arising out of the recent structural and organizational changes at the local level (provincial and district/city). The Committee requests the Government to keep the Office informed of these legal developments and to provide any relevant texts once they have been adopted. It would also be grateful if the Government could provide a copy of Ministerial Regulation No. PER/03/MEN/1984 on integrated labour inspection, if it is still in force.

The Committee further notes the Government’s request to the ILO for technical assistance on these issues with a view to promoting and ensuring the application of the Convention. It hopes that such assistance can be supplied within the framework of the Decent Work Country Programme (2006–10), which provides for capacity building in the field of labour administration at the national and local levels, particularly in employment services and labour inspection. In the meantime, in this context of ongoing comprehensive administrative reform, the Committee wishes to draw the Government’s attention to the following articles of the Convention.

Articles 6, 7 and 8 of the Convention. Staff of the labour inspection services: status, appointment, composition, conditions of service and qualifications. The Committee notes that under section 176 of the Act on manpower, “Government labour inspectors shall have the competence and independence to ensure the implementation of the labour laws and regulations”. According to the Government’s report, within the framework of the decentralization of labour inspection structures, labour inspectors became staff of the local government and positions of labour inspectors have been filled with officers who are not qualified labour inspectors, while labour inspectors have been appointed to other positions in the local administration. The Committee notes that the Government is drafting regulations on the appraisal of the performance of labour inspectors. It wishes to recall that, in order to ensure the efficiency, independence and credibility of the inspection services, labour inspectors shall be recruited in accordance with suitable procedures with sole regard to their qualifications and be adequately trained for the performance of their duties (Article 7). In addition, their employment shall be governed by conditions of service and a status which ensure their stability in employment and their independence of changes of government and of improper external influences (Article 6). The Committee requests the Government to supply information on the total number of labour inspectors (men and women) actually appointed at the provincial and the district/city levels. It hopes that the Government will take the necessary measures rapidly to ensure that labour inspectors are appointed in sufficient numbers with regard to the growing number of enterprises operating in the country and that such persons have the required qualifications and receive adequate training to perform their duties efficiently and independently. The Committee further requests the Government to indicate whether the legal provisions governing the appointment, rights and obligations of labour inspectors, as prescribed in section 180 of the Act on manpower, and those establishing their conditions of service (stability in employment, remuneration, career prospects, etc.) have been adopted and, if so, to supply the relevant texts.

Articles 10, 11 and 16. Budget of the labour inspection services and material conditions of work of labour inspectors. The Committee notes with concern that, due to the insufficiency of the budgetary resources, labour inspection units face many obstacles and their performance is inadequate. It further notes that, according to the Government, the allocation of adequate financial resources to labour inspection services depends on the importance accorded to their functioning by the local authorities and, as a result, varies from one local government to another. The Committee emphasizes that the human and material resources required should be shared out among the different services on the basis of identical criteria throughout the country, so as to provide the same level of protection for all workers covered by the Convention. In this respect, in the Committee’s view, it is important to ensure that labour inspection is organized and operates under the supervision and control of a central authority, as required by Article 4 of the Convention. The Committee requests the Government to supply information on the manner in which financial and human resources are allocated to the decentralized labour inspection structures. It hopes that measures will be taken by the Government in the near future, where necessary through external financial assistance, to improve the material conditions of work of labour inspectors in terms of offices, equipment and transport facilities, as prescribed by the above provisions of the Convention. The Committee requests the Government to keep the Office informed of any measures taken or envisaged in this respect.

Articles 20 and 21. Annual report on the work of inspection services. The Committee notes that, according to the Government, local governments no longer report on their performance to the central government, which is affecting the functioning of the system and resulting in the absence of accurate data on labour inspection activities at the local level. It observes, however, that, under section 178 of the Act on manpower, “the working units for labour inspection … at the provincial governments and district/city governments are obliged to submit reports on the implementation of labour inspection to the Minister”. The procedure for preparing such reports at each decentralized level and submitting them to the next administrative level is established by Minister of Manpower Regulation No. PER/09/MEN/V/2005. While the Committee is aware of the organizational difficulties raised in the report supplied in 2008, it requests the Government to indicate how effect is given to these two legal texts, which implement the above provisions of the Convention.

The Committee hopes that the Government will take the necessary measures to ensure the collection and compilation of the required data by a central authority, in particular the collection and communication of statistics on establishments liable to inspection (number, size) and the number of workers concerned, as a first and indispensable step in determining the coverage of labour inspection services with a view to assessing their functioning and allocating appropriate human and material resources to them. It further hopes that the Government will soon be in a position to communicate an annual report on labour inspection activities throughout the country, which is as detailed as possible.

Labour inspection and child labour. With reference to its general observation of 1999, the Committee would be grateful if the Government would supply information on the role of labour inspectors in the enforcement of the legal provisions on child labour and in the provision of advice to employers concerning the most effective ways of complying with these provisions, in accordance with Article 3, paragraphs 1 and 2, of the Convention.

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

The Committee notes with interest the Government’s first report on the application of the Convention, received in January 2007 and containing information on the content of various relevant legislative texts. The Committee notes, however, that despite a request from the ILO set forth in a letter dated 29 March 2007, the texts which were said to have been attached to the report have still not been sent. In order to be able to assess the level of application of the Convention, the Committee would be grateful if the Government would send the current version of Act No. 3 of 1951 on labour inspection as well as other texts referred to in the report, namely Act No. 1 of 1970, Act No. 32 of 2004 on local government, Ministerial Regulation No. PER.03/MEN/1984 on integrated labour inspection, Decisions of the Minister for Manpower and Migration No. 2333/MEN/2003 on continuous work and No. 15/MEN/VII/2005 on the flexibility of hours of work.

The Committee would be grateful if the Government would also provide a copy of Regulation No. 9/MEN/2005 concerning the submission of reports on labour inspection, and indicate the measures taken or envisaged to ensure the publication and communication of an annual inspection report, in accordance with Articles 20 and 21 of the Convention.