Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Saint-Vincent-et-les Grenadines

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1998)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 2010)

In order to provide a comprehensive view of issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 3(2), 10, 16, 17 and 18 of Convention No. 81 and Articles 6(3), 14, 21, 22 and 24 of Convention No. 129. Additional functions assigned to labour inspectors. Number of inspectors, number of inspection visits and enforcement. With regard to its previous comment regarding the limited staff available at the Department of Labour to discharge of the duties of the inspectorate, the Committee notes the Government’s indication in its report that the situation remains the same due to national budgetary constraints and the relatively high rate of turnover for labour officers during the last five years. The Committee further notes that there are currently five officers who act as labour inspectors, but that they also perform other duties beside inspections. However, the Government states that a number of occupational safety and health (OSH) inspectors will be recruited following the promulgation of the OSH Act.

The Committee notes that 41 inspection visits were conducted in 2019 and 12 more visits between January and August 2020. In 2019, these inspection visits were conducted in shops, workplaces of professionals, hotels, industrial workplaces, in the workplaces of domestic workers and security workers. No inspection visits were conducted in the agricultural sector that year. It notes in this respect the Government’s indication that there has been a significant decline in the number of workers in the agricultural sector over the last 15 years.

The Committee recalls that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, 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, as defined in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. Taking note of the national budgetary constraints, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the labour inspection services have at their disposal an adequate number of labour inspectors to enable them to effectively carry out their duties and that workplaces are inspected as often and as thoroughly as is necessary. In this respect, it requests the Government to continue to provide information on the number of labour inspectors (including OSH inspectors) and the number of inspection visits undertaken, including the number of inspection visits undertaken in the agricultural sector. It once again requests the Government to provide information on the results of those inspections, such as the number of violations detected and penalties imposed. Lastly, the Committee requests the Government to specify all the other functions carried out by the officials entrusted with labour inspection functions and to provide information on the amount of time spent by those officials on such other functions.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Adequate training of labour inspectors. Following its previous comment, the Committee notes the Government’s indication that no training has been provided to labour inspectors since 2011 and that the majority of officers who have been trained are no longer employed by the Department of Labour. The Government states that new officers were transferred from other government Ministries or Departments and received only on-the-job training from the more experienced officers remaining in the Department. The Committee requests the Government to intensify its efforts to ensure that all labour inspectors receive appropriate training for the discharge of their duties and to provide information on the content, frequency and duration of any training given to new or recently transferred inspectors, as well as similar information with respect to training for more experienced inspectors.

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