Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85) - Montserrat

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The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures to take follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments. Noting an absence of information in this respect, the Committee encourages once again the Government to follow-up to the Governing Body’s decision approving the recommendations of the SRM Tripartite Working Group and to consider taking the necessary steps towards extending the application of Convention No. 81, as the most up-to-date instrument in this subject area, to Montserrat. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Article 4(2)(a) of the Convention. Inspections without previous notice. Legislation. Further to its previous comments, the Committee notes the Government’s indication that the Labour Code (Amendment) Act 2021, came into effect on 30 June 2021. The Committee notes with interest that section 8(2)(g) of the Labour Code has been amended by providing that inspectors may enter at any hour of the day or night any workplace liable inspection. In addition, the Committee notes with interest that the Labour Code (Amendment) Act 2021 removes the requirement of obtaining a search warrant issued by a judge of the Magistrate in order for inspectors to be able to enter a workplace. However, the Committee notes that section 8 of the Labour Code still seems to provide that inspections may be conducted only after the notification of the individual employer. In this respect, the Committee recalls that Article 4(2)(a) of the Convention empowers labour inspectors to make visits to workplaces liable to inspection without previous notice. While noting these positive amendments, the Committee requests the Government to ensure that labour inspectors are empowered, in law and practice, to enter freely and without prior notice any workplace liable to inspection.