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

Fiji

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2008)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2010)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 (labour inspection) and Convention No. 129 (labour inspection in agriculture) together.

Legislative reforms. The Committee notes that the Government report does not contain information on the progress made in relation to the adoption of the Bill amending the Employment Relation Act 2007 (ERA). The Committee therefore requests the Government to provide up to date information on progress achieved in the ongoing legislative review process and to provide a copy of the legislation once adopted.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties of labour inspectors. Further to its previous comments on conciliation and mediation functions, the Committee notes the Government’s indication that: (i) the process of mediations and conciliation are undertaken by appointed mediators who are separate from labour inspectors under the ERA; (ii) the mediators are part of the Mediation Unit within the Ministry of Employment, Productivity & Industrial Relations (MEPIR); and (iii) the mediators deal with employment grievances such as dismissal, disadvantage, duress, discrimination and sexual harassment. The Committee takes note of this information which addresses its previous request.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22, 23 and 24 of Convention No. 129. Effective cooperation between the inspection services and other Government services. Effective enforcement of labour law violations. The Committee notes that, in reply to its previous comment, the Government indicates that there are 12 labour inspectors that are trained and appointed to be prosecutors before the Employment Relations Tribunal (ERT) for breaches of the ERA. The Government indicates that when employers fail to comply with any written demand issued by a labour inspector, charges are filed in the ERT by any of the prosecution officers with the approval of the Permanent Secretary for Employment. Regarding the numbers of proceedings initiated by inspectors, the Government indicates that in 2018, 184 cases were pending before the ERT for adjudication. The Committee requests the Government to continue to provide detailed information on cases referred to the ERT by the labour inspectorate, including their outcome, such as the number of convictions in relation to the infringements reported, nature of sanctions applied and amount of fines imposed.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes that, in reply to its previous comment, the Government indicates that (i) the labour inspectors are recruited under the Fijian Civil Service Open Merit Recruitment and Selection Guideline 2021; (ii) vacant labour inspectors positions are advertised in the newspaper including social media platforms; and that (iii) labour inspectors are given contracts for up to three years, based on the performance. The Government also indicates that labour inspectors are remunerated according to the Fijian Government’s wages and salary structure, with a starting salary of FJ$20,509, and that the salary can increase within the salary band structure based on performance. Moreover, the Government indicates that the terms and conditions of employment of labour inspectors are covered by General Orders and their employment contract. The Committee draws once again the Government’s attention to paragraph 203 of its 2006 General Survey on labour inspection, in which the Committee emphasized that, as public servants, labour inspectors are generally appointed on a permanent basis and can only be dismissed for serious professional misconduct. The Committee once again requests the Government to ensure that all labour inspectors are public servants. The Committee also requests the Government to ensure that all labour inspectors are recruited on a permanent basis so as to guarantee them full stability of employment and ensure that they are independent of changes of government and any improper external influences in accordance with Article 6 of Convention No. 81 and Article 8 of Convention No. 129. The Committee further requests the Government to provide information comparing compensation for labour inspectors to compensation of officials with comparable job responsibilities such as tax inspectors and police.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Initial and continuous training of labour inspectors. In reply to the Committee’s previous comment, the Government indicates that: (i) two labour inspectors attended the Labour Inspection Academy Training in Italy in November 2017, in which the labour inspectors formulated labour inspection audit plans and procedures; (ii) 35 inspectors received specialized enforcement and compliance training in March 2017; and (iii) in September 2021, labour inspectors participated in a training on combating child labour in Fiji, on labour inspections in the informal sector, referral procedures and trauma-informed approach for the victims. The Committee requests the Government to continue to provide information on the training provided to labour inspectors (subjects covered, number of participants, and duration).

Articles 8, 10 and 16 of Convention No. 81 and Articles 10, 14, and 21 of Convention No. 129. Sufficient number of labour inspectors. Inspections conducted as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions. In reply to the Committee’s previous comment, the Government indicates that in 2018 there were five labour standard officers, 23 workers compensation officers and 62 occupational health and safety (OSH) inspectors while in 2022 there were 33 labour standards offices and 28 OSH inspectors. The Committee notes that the Government provided details concerning the number of female inspectors. Moreover, the Government indicates that labour inspectors have the necessary technical qualifications and specialized skills required to carry out their duties effectively in accordance with the ERA and Health and Safety at Work Act 1996. The Committee also notes that 2,809 unannounced labour inspections were conducted between August 2017 and April 2018, and that 2,731 inspections were conducted in 2022. Noting an increase in the number of labour standards officers but a decrease in the number of OSH inspectors, the Committee requests the Government to continue to provide information on the number of inspectors, including those assigned to the workers compensation office and to provide information on the reasons for the decrease in the number of OSH inspectors. The Committee also requests the Government to continue to provide information on the number of labour inspections conducted, including the number of unannounced inspection visits.

Article 11 of Convention No. 81 and Article 15 of Convention No. 129. Human and financial resources necessary for the discharge of the duties of the labour inspectorate. The Committee notes that in reply to its previous comment, the Government indicates that: (i) the MEPIR’s budget was reduced from FJ$10.7 million in 2020–21 to FJ$9.6 million in 2021–22 due to the COVID-19 pandemic; (ii) the budget allocated to the labour inspection service decreased from FJ$6.8million in 2018 to FJ$4.8 million in 2022; (iii) new leased vehicles were provided and are easily accessible to the inspectors in order to carry out their duties effectively at district and divisional levels; (iv) labour inspectors are provided with personal protective equipment (PPE) at no cost for the inspectors; and (v) meal allowance and accommodation are provided to the inspectors when they work outside their own district. The Committee requests the Government to continue to provide information on material resources allocated to the labour inspectorate.

Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129. Free access of labour inspectors to workplaces liable to inspection at any hour of the day or night. The Committee notes that in reply to the Committee’s previous comment, the Government refers once again to section 19 of the ERA which empowers inspectors to enter workplaces at all reasonable times. The Committee recalls once again that Article12(1)(a) of Convention No. 81 and Article16(1)(a) of Convention No. 129 provide that labour inspectors shall be empowered to enter freely and without previous notice “at any hour of the day or night” any workplace liable to inspection, and Article12(1)(b) of Convention No. 81 and Article16(1)(b) of Convention No. 129 provide that labour inspectors should be empowered to enter “by day” any premises which they may have reasonable cause to believe to be liable to inspection. Therefore, the Committee requests the Government to provide information on the measures adopted in order to bring national legislation in compliance with Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129.

Articles 19, 20 and 21 of Convention No. 81 and Articles 24, 25, 26 and 27 of Convention No. 129. Publication and communication of annual inspection reports. The Committee notes that no labour inspection report has been published and transmitted to the ILO. The Committee also notes the Government’s indication that the ILO and the Ministry of Employment (MEPIR) are working towards developing a paperless labour inspection system to harness digital and mobile technology. The system would ensure that all data collected is correct, and decision making is fact based. The Committee encourages the Government to continue its efforts to ensure: (i) the publication of an annual report on the activities of the labour administration; (ii) that the report contains all the information envisaged under Article 21 of Convention No. 81 and Article 27 of Convention No. 129; and (iii) that the report is transmitted to the ILO in the form and within the time limits provided under Article 20 of Convention No. 81 and Article 26 of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Articles 9 and 11 of Convention No. 129. Recruitment and training of labour inspectors. Further to its previous comments on training provided to labour inspectors concerning specific risks in agriculture, the government refers to the collaboration between the Ministry of Agriculture and the MEPIR but does not provide information on the training provided to labour inspectors concerning specific risks in agriculture. The Committee requests once again that the Government provide information on any training given to labour inspectors concerning specific risks in agriculture (such as risks associated in the use of machines, the handling of animals, etc.).

Articles 6(1), 12 and 13 of Convention No. 129. Preventive activities of labour inspectors in agriculture. Cooperation of the labour inspection services in agriculture with other bodies exercising similar functions and collaboration with employers and workers or their organizations. In reply to the Committee’s previous comment, the Government indicates that the inspections conducted by the labour standards officers in the agricultural sector cover mainly commercial farmers or farms. An area of focus for inspections has been on the employment of children in sugar cane farms to comply with the Sugar Fair Trade Agreement with the European Union. The Committee notes that the Government does not provide information on the preventive activities of labour inspectors in the agricultural sector and on the collaboration with other relevant bodies in this matter. Therefore, the Committee requests once again that the Government provide information on preventive activities of labour inspectors in the agricultural sector, including any cooperation with other bodies exercising similar functions and collaboration with employers and workers or their organizations.