Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 81) sur l'inspection du travail, 1947 - Cuba (Ratification: 1954)

Article 12(1) and (2) of the Convention. Restrictions on the freedom of action of labour inspectors in relation to the inspection of workplaces. In its previous comment, the Committee noted that the Regulations on the System of National Labour Inspection of 2007 maintain the requirement of the communication to the employer of a written inspection order specifying the purpose of any inspection (sections 11 and 12), which is contrary to Article 12(1) and (2). In its report, the Government refers to section 10 of the Regulations, which provides that information on inspections, as a general rule, is not communicated to the entities to be inspected before starting to carry out the inspection visit. It also reports that labour inspectors may, after having presented their identity papers and handed in the order for inspection, enter at any time of the day or night any establishment subject to inspection. While taking due note of section 10 of Resolution No. 20/2007 referred to by the Government, according to which in general the inspections are not notified in advance to the bodies concerned or the body they depend on in case of unexpected inspections, the Committee notes with concern that labour inspectors are still required, once at the workplace, to present to the employer not only proper credentials as provided by Article 12(1), but also, an order for inspection, which is in total contradiction with the Convention, as it makes it impossible to guarantee the confidentiality relating to the complaints and their authors (Article 15(c)).

The Committee also draws the Government’s attention once again to Article 12(2), pursuant to which labour inspectors should be even authorized to refrain from notifying the employer or his representative of their presence on the occasion of an inspection if they consider that such a notification may be prejudicial to the performance of their duties.

Referring the Government to its previous request on this issue, the Committee once again requests the Government to take measures rapidly to bring the legislation into full conformity with the provisions of Article 12 in connection with Article 15(c) and keep the ILO duly informed of the progress made.

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

[The Government is asked to reply in detail to the present comments in 2011.]