Labour Inspection Convention, 1947 (No. 81) - Cyprus (Ratification: 1960)

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

Articles 1 and 4 of the Convention. Organization of the labour inspection system. In its report, the Government indicates that the reorganization of inspection procedures with the establishment of the Centralized Labour Inspectorate (CLI) increased productivity and effectiveness. The Committee notes that more than 6,000 inspections are conducted every year by the Labour Inspectorate and that the rate of undeclared work has decreased from 15 per cent in 2017 to 10 per cent in 2021. The Government indicates that the CLI forwards a monthly report to the Department of Labour Relations (DLR) and the Department of Labour Inspection (DLI) to inform them of the establishments inspected and possible violations. The Committee requests the Government to continue to provide detailed information on the functioning of the labour inspection system, including on the cooperation and division of functions among the CLI, the DLI and the DLR.

Articles 10 and 16. Sufficient number of labour inspectors. Frequency of labour inspections and effective application of the relevant legal provisions. In its previous comments, the Committee requested the Government to provide information on the reasons for the decline in the number of inspections undertaken by the DLI and the increase in the number of occupational accidents reported between 2015 and 2018. The Government indicates that the increase in the number of accidents was related to the reactivation of the economy in 2016 following the end of the economic crisis which started in 2013. According to the Government, this resulted in the need to investigate more accidents, dedicating less time to regular inspections, which therefore resulted in a decrease in the total number of inspections. Furthermore, in 2018, there was a decrease in the number of field inspectors employed in comparison to 2015 (two inspectors less). The Committee notes with interest the information in the annual report of the DLI that the number of OSH inspections increased from 3,228 in 2018 to 6.037 in 2020 and 16.612 in 2021. It also notes a decline in the number of reported accidents from 2.168 in 2019 to 1.433 in 2021. The Committee requests the Government to continue to provide detailed information on the manner in which it ensures that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Committee requests the Government to provide information on the number of labour inspectors working in the DLI, the DLR and the CLI. It also requests the Government to continue to provide statistics on the number of inspection visits, accidents reported, the number of violations detected and the penalties imposed. With reference to its comment under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee also requests the Government to provide information on the number of cases of discrimination dealt with by the labour inspectorate.

Articles 5(a) and 18. Cooperation between the labour inspection services and the judiciary. Adequacy of penalties for violations. In reply to the Committee’s previous request, the Government indicates that the decrease in the number of penal cases concluded in the years 2015 to 2018, reflects those cases registered at the Court during the years 2013 – 2014, a period during which the labour market was severely affected by the economic crisis. It further indicates that the reduction in the number of contraventions of the Asbestos Regulations, lies in the fact that, during the previous years, all the asbestos cement sheets were removed from governmental buildings by licensed companies that fulfil criteria approved by the Chief Inspector. The Committee also notes the detailed information included in the annual reports of the DLI for 2019-2021 on the penalties imposed, the penal prosecution of employers regarding labour law violations and the imposed fines. The Government indicates that information on the amount collected in relation to fines charged after the conclusion of penal cases cannot be provided by the DLI, because this does not fall under its responsibilities. The Committee requests the Government to continue to provide information on the application of adequate penalties for violations of the legal provisions enforceable by labour inspectors. It also requests the Government to provide information on the nature and number of violations detected in the course of inspections and any subsequent penalties applied. It also requests the Government to provide information on any measures taken or contemplated to improve the system of notification to labour inspectors of court decisions concerning cases referred to the judiciary by labour inspectors, and the results of such measures.

Articles 20 and 21. Publication and communication to the ILO of annual reports on the work of the labour inspection services.The Committee notes that the annual reports of the DLI are available on its website for all years up to 2021 and include a detailed presentation of its activities as well as statistical data on all information required by Article 21 of the Convention, except for the number of workplaces liable to inspection and the number of workers employed therein. The Committee notes that no annual reports have been communicated regarding the activities of the DLR and the CLI. The Committee requests the Government to continue publishing and providing annual reports to the ILO on the activities of the labour inspectorate, including regarding the activities of the DLR and the CLI, and to ensure that they contain all the information required by Article 21, including information on the statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)).

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

Article 3(2). Additional labour inspection duties entrusted to labour inspectors. In its previous comments, the Committee noted the Government’s indication that the Department of Labour Relations (DLR) is not the competent authority for the enforcement of immigration law but that it cooperates, within its remit, with the Cyprus Police when dealing with such cases. In this respect, the Government reiterates that the DLR and the Centralized Labour Inspectorate (CLI) gathered detailed information on the number of migrant workers covered by inspection visits in 2015, 2016 and 2017, including the number of “unregistered foreign employees” and the number of “illegal foreign employees” detected. The Committee notes, however, that these statistics are not reflected in the labour inspection reports. The Government also indicates that there is a clear separation between police duties and those of labour inspectors. During an inspection, inspectors will inform employees about their rights and investigate any possible violation of the law, irrespective of the legal status of the worker and of police presence at the inspection. The Government indicates that police and other authorities are informed in case of illegal employment. The Committee recalls once again that, pursuant to Article 3 of the Convention, the functions of the labour inspection system are to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and that 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. In its 2006 General Survey on labour inspection, paragraph 78, the Committee indicated that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. The Committee once again requests the Government to take measures to ensure that the functions assigned to labour inspectors do not interfere with their main objective, which is to ensure the protection of workers while engaged in their work (as provided for in Article 3(1)), including taking further measures to separate labour inspectors from police activities related to migrant workers in an irregular situation. In this regard, the Committee requests the Government to provide information on the proportion of labour inspectors’ time and resources that are spent on functions related to control of the regularity of employment of migrant workers. It also requests the Government to continue to provide information on specific measures undertaken by the inspectorate to ensure the enforcement of the rights of migrant workers found to be in an irregular situation. In this regard, the Committee requests the Government to provide information on the number of migrant workers in an irregular situation who have been granted their due rights (number of cases in which foreign workers have been paid outstanding wages and benefits) or where their situation has been regularized.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 4 of the Convention. Organization of the labour inspection system. The Committee notes the Government’s indication in its report that in 2017, the Cyprus Council of Ministers established the Centralized Labour Inspectorate (CLI) to focus on inspection for undeclared work, terms and conditions of employment, and inspections regarding various labour-related issues, excluding occupational safety and health, (OSH) which is covered by the Department of Labour Inspection (DLI). The Government states that the CLI assists with the enforcement of labour legislation falling under the authority of the Department of Labour Relations (DLR) and the Department of Labour and Social Insurance Services. The Committee requests the Government to provide further information on the impact of the establishment of the CLI on the functioning of the labour inspection system, as well as on its relationship with the DLI and the DLR.

Article 3(2). Additional labour inspection duties entrusted to labour inspectors. The Committee previously noted the Government’s indication that when members of the police force are present at inspections undertaken by joint inspection teams, the police officers deal directly with the cases of migrant workers whose status is irregular. If police officers are not present, the joint inspection team immediately notifies the police force’s Foreigner and Immigration Unit when such workers are detected. The Committee requested the Government to take further measures to ensure the separation of the police’s monitoring activities related to migrant workers in an irregular situation from the activities of the labour inspectorate.

The Committee notes that the Government reiterates in its report that the DLR is not the competent authority for the enforcement of immigration law but that it cooperates, within its remit, with the Cyprus Police when dealing with such cases. The Government states that cases of irregular workers are dealt with in cooperation with the police and the Ministry of the Interior. In this respect, the Committee notes the information provided in the Government’s report from the DLR and CLI indicating that these two inspection authorities gathered detailed information on the number of migrant workers covered by inspection visits in 2015, 2016 and 2017, including the number of “unregistered foreign employees” and the number of “illegal foreign employees” detected.

The Committee recalls that, pursuant to Article 3 of the Convention, the functions of the labour inspection system are to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and that 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. In its 2006 General Survey concerning labour inspection, paragraph 78, the Committee indicated that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. The Committee requests the Government to take measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors of ensuring the protection of workers in accordance with labour inspectors’ primary duties (as provided for in Article 3(2)), including further measures to separate labour inspectors from police activities related to migrant workers in an irregular situation. It also requests the Government to provide information on specific measures undertaken by the inspectorate to ensure the enforcement of the rights of migrant workers found to be in an irregular situation.

Articles 3 and 17. Activities of the labour inspectorate in the area of non-discrimination. The Committee takes note of the Government’s indication, in response to its previous request concerning non-discrimination that, in 2017: (i) a total of 18 cases of contraventions of the Equal Treatment of Men and Women in Employment and Vocational Training Act (No. 205(I)/2002) were recorded and investigated, and one case resulted in criminal prosecution; and (ii) out of a total of 17 cases investigated regarding contraventions of maternity protection legislation, three cases led to criminal proceedings, nine were settled out of court and five were still being investigated. In this regard, the Committee refers to its detailed comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 16. Frequency of labour inspections and effective application of the relevant legal provisions. The Committee notes the information in the annual DLI reports communicated by the Government indicating a continual decrease in the number of OSH inspections (from 4,191 in 2015 to 3,228 in 2018). It also notes with concern an increase in the number of occupational accidents reported (from 1,596 in 2015 to 2,156 in 2018). It further notes the Government’s indication that the main factors which determine the sectors of economic activity to be targeted by the DLI for inspection are the frequency indices for accidents at work (per sector), the information and enforcement campaigns planned by the European Union Senior Labour Inspectors’ Committee and EU–OSHA, as well as the Cyprus National Strategy for OSH for the period 2013–20. The Committee requests the Government to provide further information on the manner in which it ensures that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. In this respect, it requests the Government to provide information on the reasons for the decline in the number of inspections undertaken by the DLI between 2015 and 2018, and to continue to provide information on the manner in which it determines the priorities for inspection. The Committee further requests the Government to continue to provide information on the number of labour inspectors, inspection visits, the number of violations detected and penalties imposed. Lastly, it requests the Government to provide an explanation for the increased number of occupational accidents reported, and to continue to provide relevant statistical information in this respect.

Article 18. Adequacy of penalties for violations. The Committee notes the information in the Annual Report of the DLI that the total amount of fines charged for contraventions of safety and health laws has decreased substantially from 2015 to 2018, and that there have been no contraventions detected or fines imposed in 2017 and 2018 with respect to several laws including those regulating chemical agents and asbestos. The Committee requests the Government to provide information on the reasons for the decline in the contraventions detected and the subsequent fines charged for various safety and health laws. It also requests the Government to provide information on the amount of fines collected in relation to fines charged.

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

Article 3 of the Convention. Additional labour inspection duties entrusted to labour inspecors. The Committee previously noted the Government’s indication that the inspectors of the Department of Labour Relations (DLR) do not assume functions with regard to the enforcement of immigration law which is the exclusive domain of the police. The Committee further noted that, in cases where unregistered or irregularly employed workers are found, the inspectors of the DLR demand that their employer duly registers such employed persons in the Social Insurance Scheme, which covers every person gainfully occupied in Cyprus. In this regard, the Committee notes the additional information provided in the Government’s report that when members of the police force are present at inspections undertaken by joint inspection teams (DLR, Social Insurance Services, and Department of Labour), the police officers directly deal with cases of migrant workers whose status is irregular. When the police are not present and such workers are detected, the joint inspection team immediately notifies the police force’s Foreigner and Immigration Unit. In this context, the Committee also notes that the Government has once again not provided the requested information on the cases in which workers found to be in an irregular employment relationship have been granted their due rights, and the cases in which employers have been penalized for having deprived these workers of their rights. Recalling the authority and impartiality necessary for the effective discharge of the functions of the labour inspectors, the Committee requests that the Government take further measures to ensure the separation of control activities of the police related to migrant workers in an irregular situation from the activities of the labour inspectorate. The Committee also once again requests that the Government provide detailed information on the actions taken by labour inspection services to ensure that employers meet their obligations in the case of migrant workers in an irregular situation. This should include the payment of wages and social security and other benefits, including compensation for occupational accidents, for the effective period of their employment relationship, especially in cases where such workers are liable to be expelled from the country. In this regard, it requests that the Government provide information on the number and nature of cases in which undocumented workers have been granted their due rights and have been registered in the Social Insurance Scheme (and to provide copies of any decisions taken in this regard).

Articles 3(1) and 13. Functions of the labour inspection system in the area of occupational safety and health and preventive measures. The Committee notes the Government’s information in response to its previous request concerning the preventive measures of the labour inspectorate in sectors with a high number of industrial accidents and their positive impact.

Articles 3 and 17. Activities of the labour inspectorate in the area of non-discrimination. The Committee previously noted the Government’s indication in its report that labour inspectors not only secure the enforcement of the applicable legal provisions of Equal Treatment of Men and Women in Employment and Vocational Training Law (No. 205(I)/2002), but also facilitate a settlement between the parties. The Committee notes that the Government has not provided a reply in response to its previous requests made in this regard. The Committee therefore once again requests that the Government provide information on the number of programmed and complaint-driven visits which address equality issues, and on any awareness-raising activities carried out in this area by the labour inspectorate. The Committee also once again requests that the Government transmit to the Office copies of agreements reached pursuant to mediation as well as judicial decisions handed down on this subject.

Articles 14 and 21(g). Notification of industrial accidents and cases of occupational disease and relevant statistics. The Committee notes the Government’s information, in response to its previous request concerning the different measures taken to improve the reporting and notification of industrial accidents and cases of occupational disease, including: (i) the exchange of data between the labour inspectorate and the Social Insurance Services; (ii) efforts to increase the professional competencies of medical doctors through the organization of training; and (iii) the establishment of draft regulations for the health surveillance of workers providing for basic obligations of employers and physicians.

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

Articles 3(1)–(2), and 5(a) of the Convention. Functions of the labour inspection system and effective cooperation with other public and private institutions including the justice system. The Committee notes that, according to the Government’s report, the inspectors of the Department of Labour Relations (DLR) do not carry out functions relative to the enforcement of immigration law which is the exclusive domain of the Cyprus police force. Furthermore, the Government declares that, in cases where unregistered or irregularly employed workers are found, the inspectors of the DLR demand that their employer duly registers such employed persons in the Social Insurance Scheme, which covers every person gainfully occupied in Cyprus either as an employed person or as a self-employed person. The Government also adds that Department of Labour Inspection (DLI) inspectors enforce the safety and health at work legislation in all branches of economic activity targeting the safeguarding of the safety, health, and well-being of all employed persons regardless of their status, self-employed persons as well as other persons who may be adversely affected by the manner in which work activities are conducted. Noting that the Government’s report does not specify the applicable legal provisions, the types of violations and the nature of the sanctions imposed by the courts in cases concerning undeclared work, as previously requested, the Committee once again asks the Government to provide more detailed information on legal proceedings instituted, and remedies and sanctions imposed on employers found to be in violation of the legal provisions relating to workers’ statutory rights including vis à vis undocumented foreign workers, and to furnish copies of legal decisions ordering the payment of outstanding wages to workers, including undocumented workers, who were found to be in an irregular employment relationship for the period worked. Also, the Committee requests the Government to specify any other measures taken by the DLR in case the workers found to be undeclared are illegally staying nationals of third countries.

Articles 3(1) and 13. Functions of the labour inspection system in the area of occupational safety and health and preventive measures. The Committee notes from the Government’s report that as a result of various inspection campaigns targeting certain branches of activity, between 2003 and 2011, the frequency index of notified accidents during the course of work of employed persons decreased by 24.8 per cent for all branches of economic activity, and the number of fatal accidents decreased progressively. However, the annual report of the labour inspection for 2011 indicates that between 2009 and 2011, the number of accidents increased in specific sectors, notably, electricity, gas, steam and air-condition supply, accommodation and food service activities, and public administration and defence. The Committee requests the Government to indicate any preventive measures, including campaigns, taken by the DLI in these sectors and their impact.

Articles 3(1) and 17. Activities of the labour inspectorate in the area of non-discrimination. The Committee notes from the Government’s report that labour inspectors not only secure the enforcement of the applicable legal provisions established under the Equal Treatment of Men and Women in Employment and Vocational Training Law (No. 205(I)/2002), but they also facilitate a settlement between the parties. The Committee also notes from the Ministry of Labour and Social Insurance (MLSI) Annual Report of 2011 that the Department is currently concentrating its action on the enforcement, monitoring, and inspection of the application of labour legislation, with a focus, in particular, on the protection and safeguarding of employee rights and the elimination of the gender pay gap, through the continuous modernisation of labour legislation and strengthening of inspection mechanisms. The Committee once again asks the Government to transmit to the Office copies of agreements reached pursuant to mediation as well as judicial decisions handed down on this subject. The Committee would also be grateful if the Government would provide more detailed information on the number of programmed and complaints-driven visits which address equality issues, and on any awareness-raising activities carried out in this area by the labour inspectorate.

Articles 14 and 21(g). Notification of industrial accidents and cases of occupational disease and relevant statistics. Further to its previous comment, the Committee notes a slight increase in occupational accidents reported pursuant to the Safety and Health at Work (Accidents and Dangerous Occurrences Notification) Regulations, 2007 which required the notification of all accidents occurring to employed and self-employed persons arising out of their employment or occurring during their normal travel between home and their workplace. Furthermore, the Committee notes from the Government’s report that the DLI has begun to cooperate with the Social Security Services of the MLSI to exchange data on notification of occupational accidents to eliminate under-reporting and that the DLI has adopted a more systemic approach to informing employers of their obligation to report occupational accidents. According to the Government’s report, as a result of this cooperation, under-reporting has been reduced.

Concerning its previous comments on the recording and notification system for occupational diseases established by the abovementioned Regulation of 2007, the Committee also notes that the DLI is collaborating with the Social Security Services, the Ministry of Health and the Cyprus Medical Association to investigate new methods to increase the notification of occupational diseases and that the Government is working on the preparation of legislation to enforce the Health Surveillance System for Employed Persons.

The Committee would be grateful if the Government would keep the ILO informed of legislative and practical measures taken to improve the reporting and notification of industrial accidents and cases of occupational disease and of any progress noted in this regard. It once again requests the Government to describe the obstacles encountered in the recording and notification system established by the Safety and Health at Work (Occupational Diseases Notification) Regulations of 2007, and to indicate any measures taken or envisaged to increase the number of occupational physicians who, according to the Government’s previous report, are essential for the functioning of this system. Please also provide a copy of any legal text to enforce the Health Surveillance System for Employed Persons as soon as it is adopted.

Articles 20 and 21. Publication and transmission of an annual report on the work of the labour inspection services. The Committee notes the detailed information contained in the annual reports of the DLI for years 2010–11 which are available online on its website. The Committee nevertheless reminds the Government of the obligation of the central authority under Article 20 of the Convention to communicate to the ILO the annual general report activities on an ongoing basis. The Committee would be grateful if the Government would communicate to the ILO an annual report in line with Article 20 of the Convention containing all the information required in each clause of Article 21 (a)–(g). The Committee once again requests the Government to provide information on the measures taken to improve the registry of workplaces and to specify whether it contains information on the number of workers occupied in the registered workplaces.

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

With reference to its observation, the Committee wishes to raise the following additional points.

Articles 3(1)(a), 12 and 16 of the Convention. Activities of the labour inspectorate in response to complaints received from workers. The Committee notes from the 2009 annual report of the Ministry of Labour and Social Insurance that the labour inspectorate responsible for labour relations received 3,208 complaints in 2009 and that every possible effort was being made to settle these complaints given the difficulties which emerged during their examination. The Committee requests the Government to specify the process of handling complaints received at the labour inspectorate and, in particular, to indicate whether they trigger unannounced inspection visits and to provide relevant statistical information (numbers of complaints received, visits carried out, findings on violations, legal provisions concerned, judicial proceedings and outcomes, etc.).

Articles 3(1) and 17. Activities of the labour inspectorate in the area of non-discrimination. With reference to its comments under the Equal Remuneration Convention, 1951 (No. 100), the Committee notes that, according to the Government, the role of labour inspectors in the area of equality between men and women is that of mediator and investigator of complaints relating to sex discrimination, with their powers being considerably wide. If it becomes evident that a complaint has a valid basis, the inspector will proceed with his/her role as mediator to reach an agreement between the parties in order to remedy the wrongdoing. If an agreement is not reached, a report is drafted by the inspector with the position of each party, which can be used in a court of law. The Committee would be grateful if the Government would specify whether the purpose of mediation by the labour inspectorate is to secure the enforcement of the applicable legal provisions or to facilitate a settlement between the parties, and would transmit to the Office copies of agreements reached pursuant to mediation as well as judicial decisions handed down on this subject. It also requests the Government to provide statistical information on the programmed and complaints-driven visits and to describe any awareness-raising activities carried out in this area by the labour inspectorate and their impact.

Article 9. Association of duly qualified technical experts in the work of the labour inspectorate in the area of occupational safety and health. The Committee notes from the 2009 annual report that 86 security officers have been appointed by the Ministry of Labour pursuant to the provisions of labour legislation according to which security officers should be in charge of occupational safety and health issues in enterprises employing more than 200 employees. The Committee requests the Government to specify the status of security officers (e.g., public or private employees), the manner in which they cooperate with the labour inspectorate responsible for occupational safety and health and the modalities of their supervision.

Article 20. Publication and transmission of an annual report of the work of the labour inspection services. The Committee notes with interest the information provided by the Government in reply to its general observation of 2009 concerning the development of a registry of workplaces in cooperation with the statistical service and the Department of Registrar of Companies. The Committee requests the Government to continue to provide information on measures taken to improve this registry and to specify whether it also contains information on the number of workers occupied in the registered workplaces.

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

Article 3(1) of the Convention. Functions of the labour inspection system in the area of occupational safety and health. The Committee notes with interest from the 2009 annual report a number of practices which deserve to be highlighted and particularly the activities carried out by the labour inspectorate responsible for occupational safety and health in schools to raise public awareness from an early age concerning occupational safety and health issues, as well as the promotion of safety committees at the workplace and the participation in the European Safety and Health at Work Campaign with the slogan “Healthy workplaces – Good for you. Good for business”, which emphasizes the financial value to enterprises of beneficial conditions of work for workers. The Committee also notes with interest the information on the inspection campaigns targeting certain branches of activity, such as construction. The Committee would be grateful if the Government would keep the Office informed of the impact of these activities, for example, in terms of reduced accident rates, etc.

Articles 3(1) and (2), and 5(a). Functions of the labour inspection system and effective cooperation with other public and private institutions including the courts. The Committee notes from the annual reports for 2007, 2008 and 2009 that there has been an important increase in the number of visits by the labour inspectorate responsible for labour relations and in the number of corresponding cases brought to the courts in collaboration with a Public Prosecutor assigned for special duties to the Ministry of Labour and Social Insurance. The Committee also notes, however, that, in 2009, almost half of the inspection visits carried out by the inspectorate responsible for labour relations (2,568 out of 5,431 visits) were related to the question of undeclared and illegal work, including by undocumented migrant workers. The inspection visits in question demonstrated that 24.49 per cent of the 8,858 workers occupied in the workplaces inspected were undeclared and that 11 per cent of these workers were foreigners from third countries, and many of them were irregular residents. Moreover, 72 out of 123 cases brought to the courts by labour inspectors in 2009 concerned undeclared and illegal work. The Committee understands from this information that the main priority of the labour inspectorate in the area of labour relations is to combat undeclared work, inter alia, by verifying the residency status of foreign workers.

The Committee recalls that, under Article 3(1)(a), the primary function of labour inspectors is to secure the enforcement of legal provisions relating to conditions of work and the protection of workers while engaged in their work, such as provisions relating to hours of work, the payment of wages, the prevention of child labour, the promotion of freedom of association, etc. As indicated in the General Survey of 2006 on labour inspection (paragraphs 77–78), the Convention does not contain any provision suggesting that any workers be excluded from the protection afforded by labour inspection on account of their irregular employment status. With regard to foreign workers in particular, the Committee has stated in unequivocal terms that “the primary duty of labour inspectors is to protect workers and not to enforce immigration law”. In conclusion, the Committee recalls that, to be compatible with the protective function of labour inspection, the verification of the legality of employment by labour inspectors should have as its corollary the reinstatement of the statutory rights of all workers, including undocumented ones. This objective can only be met if the workers covered are convinced that the primary task for the labour inspectorate is to enforce the legal provisions relating to conditions of work and the protection of workers.

The Committee also recalls that, under Article 3(2), additional duties that are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers should be assigned to labour inspectors only in so far as they do not interfere with their primary duties or do not prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with workers. Since the human and other resources available to labour inspectorates are not unlimited, the major role assigned to labour inspectors in the area of illegal employment would appear to entail a proportionate decrease in inspection of conditions of work. Consequently, the Committee of Experts has welcomed in paragraph 78 of its 2006 General Survey the initiative of certain governments to relieve the inspectorate of the task of policing illegal employment and transfer it to another body.

The Committee would be grateful if the Government would take the necessary measures to ensure that the additional duty of verifying the residency status of foreign workers is entrusted to a body separate from the labour inspectorate so that labour inspectors can focus on their main function which is to secure the enforcement of legal provisions relating to conditions of work and the protection of workers. The Committee also requests the Government to specify the applicable legal provisions, the types of violations and the nature of the sanctions imposed by the courts in cases concerning undeclared work. It would be grateful if the Government would provide copies of legal decisions ordering the payment of outstanding wages to workers, including undocumented foreign workers, who were found to be in an illegal employment relationship for the period worked, and details on any remedial measures taken, in accordance with the law, in order to ensure that workers found to be in an illegal employment relationship are regularized in their employment. The Committee would also be grateful if the Government would specify the types of violations involved in the 51 cases decided by penal courts in 2009, which did not relate to the issue of undeclared employment.

Articles 14 and 21(g). Notification of industrial accidents and cases of occupational disease and relevant statistics. The Committee notes with interest the texts communicated by the Government, notably the National Strategy on Safety and Health at Work for the period 2007–12 as well as the Safety and Health at Work (Accidents and Dangerous Occurrences Notification) Regulations of 2007. The latter requires the notification to the Department of Labour Inspection of all accidents to employed and self-employed persons, arising out of their employment or occurring during their normal travel between home and their workplace, and all accidents occurring to any person not at work when those accidents are related to a place of work or a work activity (accidents to be reported are those which cause physical or mental harm as a result of which the worker is unable to perform the usual work for more than three days). The Government also indicates that, in order to minimize the under-reporting of accidents, close and continuous cooperation has been developed between the Department of Labour Inspection and the Social Insurance System which led to an increase of notified accidents by almost 50 per cent since 2002. The Committee also notes, however, that the statistical data provided in the 2009 annual report on the numbers of occupational accidents notified between 2003 and 2009, shows that the recent measures have not yet produced an impact. The Committee requests the Government to keep the Office informed of further measures taken to improve the reporting of occupational accidents and of any progress noted in this regard.

With regard to the recording of cases of occupational disease, the Government indicates that only a few cases were notified during the reporting period. In its previous comments, while welcoming a number of measures to improve the recording of occupational diseases, the Committee had also noted that, in view of the insufficient number of occupational physicians in the country, it would take some time before an accurate pool of such statistics would be established.

The Committee would be grateful if the Government would continue to supply information on any measures taken or envisaged with a view to improving the notification rate of cases of occupational disease and enabling the inclusion of the most accurate possible statistical data in future annual reports on the work of the labour inspection services. It also once again requests the Government to describe the functioning in practice of the notification and recording system established by the Safety and Health at Work (Occupational Diseases Notification) Regulations of 2007, and indicate any measures taken or envisaged to increase the number of occupational physicians.

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

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

Article 5(a) of the Convention. Effective cooperation between the labour inspection services and the judicial system and other public services or institutions. The Committee notes with interest that, with a view to assisting labour inspectors in the preparation of legal cases, the Ministry of Labour and Social Insurance employs a public prosecutor who examines and scrutinizes each case before it is registered at the court. It further notes that labour inspectors regularly attend training seminars at the police academy, during which police officers specialized in law explain the provisions of the Penal Code and provide guidance to labour inspectors on the methodology for taking statements and building a legal case. The Committee would be grateful if the Government would continue to supply information on such cooperation and on its impact on the enforcement of labour law, including information on judicial decisions in such cases and any sanctions imposed.

Articles 14 and 21(g). Notification of cases of occupational disease and relevant statistics. In reply to the Committee’s previous comments regarding the lack of statistics of cases of occupational diseases, the Government indicates that it is expected that such data will be collected following the enactment of the Safety and Health at Work (Occupational Diseases Notification) Regulations of 2007, which include the European schedule of occupational diseases as established in European Commission Recommendation No. 2003/670/EC of 19 September 2003. The Government adds that, in view of the insufficient number of occupational physicians in the country, it would however take some time before an accurate pool of such statistics is established.

The Committee notes with interest that, in order to remedy such shortcomings and initiate the collection of data on occupational diseases, the Department of Labour Inspection intends: (a) to launch an awareness-raising campaign to inform general practitioners of the handling and monitoring of suspected cases of occupational diseases; and (b) to organize, in cooperation with other private or public institutions, various seminars to increase the awareness of employers regarding the medical surveillance of their employees and their responsibility to notify occupational diseases. The Committee also notes with interest that, during 2006, the Occupational Diseases Prevention Service conducted surveys on working conditions and environment at workplaces where workers are likely to be exposed to agents hazardous to their health. Such surveys, conducted by the occupational physician of the Ministry of Labour and Social Insurance, in close cooperation with other officers of the Department of Labour Inspection, were aimed at controlling the risk assessments and the application of preventive measures.

The Committee trusts that the implementation of the above measures will contribute to improving the notification rate of cases of occupational disease and enable the inclusion of the most accurate possible statistical data in future annual reports on the work of the labour inspection services. It would be grateful if the Government would continue to supply information on any measures taken or envisaged for that purpose. It also requests the Government to describe the functioning in practice of the notification and recording system established by the Safety and Health at Work (Occupational Diseases Notification) Regulations of 2007, and on any measures taken or envisaged to increase the number of occupational physicians.

With regard to industrial accidents, the Committee notes the adoption in 2007 of the Safety and Health at Work (Accidents and Dangerous Occurrences Notification) Regulations. According to the Government, these Regulations now include in the definition of “industrial accidents” accidents occurring on the way to or from work and contain, inter alia, requirements for keeping records of industrial accidents and dangerous occurrences. The Committee requests the Government to specify the types of industrial accidents that have to be notified to labour inspectors and to describe the notification procedure and its functioning in practice, as well as any difficulties encountered.

Article 20. Publication and transmission of an annual report of the work of the labour inspection services. The Committee would be grateful if the Government would provide the ILO with the copy of the annual report of the Ministry of Labour and Social Insurance for 2006, which was indicated as being attached to its report, but was not received by the ILO.

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

Article 21(g) of the Convention. Statistics on cases of occupational disease. Also referring to its observation, the Committee notes with interest the efforts made with regard to the evaluation of risks and the prevention of occupational diseases, especially further to the recruitment of a specialist medical practitioner in this field and the completion of studies on working conditions and the working environment. Noting the lack of statistics on occupational diseases in the annual inspection report, the Committee trusts that it will be possible, through the recently installed computerized data collection system (FIS), to collect data on cases of occupational disease and that relevant statistics will be published in subsequent annual reports of the Department of Labour Inspection.

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

The Committee notes the Government’s report, which refers to the new legislative and regulatory texts in force, and also the 2004 annual report on the work of the labour inspectorate, published by the Department of Labour Inspection.

Articles 20 and 21 of the Convention. Publication, transmission and content of the annual report on the work of the inspection services. The Committee notes with interest the publication of an annual report containing detailed information on the laws and regulations for the enforcement of which labour inspectors and officials are responsible, the composition of the staff of the labour inspectorate, the number of workplaces liable to inspection and the number of workers employed therein, and also the statistics of inspection visits (broken down by economic sector), violations reported to the legal services (classified according to the applicable legal provisions), penalties imposed (amount of fines), and industrial accidents (by economic sector, sex and cause). It also notes with interest the establishment and operation since 2000 of the computerized Factory Inspectorate System (FIS) enabling the collection and processing of these statistics by the Department of Labour Inspection and facilitating in particular the drawing up of an annual strategic plan at national and provincial levels and the planning of inspection visits in line with set objectives.

The Committee is raising another matter in a direct request to the Government.