Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Labour Inspection Convention, 1947 (No. 81) - Curaçao

Article 3(1) and (2) of the Convention. Additional duties entrusted to labour inspectors related to foreign workers. The Government reiterates in its report that the labour conditions section of the labour inspectorate continues to be in charge of ensuring compliance with the Ordinance on Work by Foreigners with regards to the requirement for foreign workers to hold a work permit. In this respect, it indicates that, in 2023, the labour conditions section of the labour inspectorate detected 23 violations of the Ordinance on Work by Foreigners. In reply to the Committee’s request on whether the infringements referred for prosecution, previously mentioned by the Government, involved prosecution of migrant workers, employers, or other entities, the Government indicates that they never concerned criminal prosecution of a worker, but rather of the companies employing foreign workers without having applied for a permit for their employment. The Committee requests the Government to continue providing information on the labour inspectorate's activities related to the Ordinance on Work by Foreigners. Noting the information regarding the detected violations of the Ordinance, the Committee requests the Government to provide further information on the number of cases where sanctions were imposed for these registered violations and the type of sanctions imposed. The Committee once again requests the Government to provide information on the number of instances where inspectors took specific action to restore the labour rights to migrant workers affected by the violation of the Ordinance, including through recovery of wages, overtime, and social security credits.

Article 7(3). Continuous training of labour inspectors. In reply to Committee’s previous request, the Government indicates that all labour inspectors responsible for occupational safety have completed a one-time course covering local occupational safety legislation, criminal law, drafting official reports, and related topics. Additionally, they receive further training at the start of their duties and approximately every six years in areas such as asbestos removal supervision, scaffolding, construction safety, and breathing air testing. Similarly, labour inspectors responsible for employment conditions have all undergone a one-time course on local labour legislation, criminal law, and drafting official reports. The Committee takes note of this information, which addresses its previous request.

Articles 10, 11 and 16. Human and material resources of the labour inspection system. Frequency and thoroughness of inspections. The Committee notes that, in 2023, the labour conditions section of the labour inspectorate performed 377 visits, and the section of occupational safety and health of the labour inspectorate performed 444 visits. The Committee takes note of the information provided by the Government concerning the material resources of the labour inspectorate, according to which four new cars were purchased. In reply to the Committee’s previous request regarding the geographical distribution of labour inspectors, the Government indicates that all labour inspectors are deployed throughout the island. The Committee notes that the Government has not provided updated information on the human resources of the labour inspectorate. The Committee requests the Government to provide information on the number of labour inspectorsand how it ensures thatthe number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate in accordance with Article 10. The Committee requests the Government to continue to provide information on the number of labour inspections carried out, disaggregated by type (such as on-site visits, document checks, scheduled and unscheduled inspections).

Article 12(1)(a). Free access of inspectors to workplaces without previous notice. In reply to the Committee’s previous request, the Government indicates that the Labour Regulation 2000 and section 16a of the Vacation Regulation 1949 give labour inspectors the powers to enter a company at any time, unannounced, and demand information and, the National Ordinance of Safety gives labour inspectors the powers to enter a company to implement this law. At the same time, the Committee notes the Government’s indication that labour inspectors of the section of occupational safety and health of the labour inspectorate are unable to claim access in companies due to lack of investigative powers in accordance with the Security Land Ordinance 1958. The Committee requests the Government to provide a clarification with regards to this last statement, including how the 444 visits by the Department of Safety Inspection were conducted in the absence of investigative powers.Taking note of the information provided, the Committee requests the Government to provide detailed information on the number of inspections conducted without previous notice out of the total number of inspections, including those resulting from receipt of a complaint, and the results of such inspections.

Article 13. Preventive measures in the event of a danger to the safety and health of workers. With regards to the authority of labour inspectors granted through the Ordinance of Safety to halt work when there is a violation or danger, the Government indicates that, in practice, the mere threat of using this power is usually enough to ensure employer’s compliance, so the measure is rarely enforced. The Committee notes that the Government does not provide information on preventive measures taken by labour inspectors when they had reasonable cause to believe that defects in workplaces constituted a threat to the health or safety of workers. The Committee once again requests that the Government provide data on preventive measures that have been adopted when labour inspectors had reasonable cause to believe that defects in workplaces constituted a threat to the health or safety of workers (Article 13(1)). It once again requests the Government to provide information on preventive measures adopted with immediate executory force in the event of imminent danger to the health or safety of workers (Article 13(2)).

Article 14. Notification of occupational accidents and diseases to the labour inspectorate. In reply to Committee’s previous request, the Government indicates that it is impractical for occupational diseases to be reported to the Labor Inspectorate, as the agency lacks doctors who can diagnose relevant conditions. Instead, cases of occupational diseases are referred to the Social Insurance Bank, which has the necessary medical expertise. The Government indicates that both the Social Insurance Bank and the Labor Inspectorate are responsible for registering and investigating industrial accidents. The Committee wishes to remind the Government that it is crucial for the labour inspectorate to be notified of both occupational accidents and diseases so it can identify high-risk activities and vulnerable worker groups, conduct research on the causes of these accidents and diseases, and use this data to include relevant statistics in the annual inspection report. (2006 General Survey on Labour Inspection, paragraphs 118 and 345). The Committee once again requests the Government to provide information on the manner in which it is ensured that occupational diseases are notified to the labour inspectorate.

Articles 17 and 18. Effective enforcement and adequate penalties. The Government indicates that the process of taking relevant measures is ongoing. The Committee notes the Government’s indication that sanctions cannot yet be imposed by inspectors of the labour conditions section of the labour inspectorate due to lack of investigative powers. The Committee requests the Government to provide further clarification on this matter, including with reference to Article 18’s requirement that national laws shall provide for and effectively enforce adequate penalties for violations of provisions enforceable by labour inspectors. It urges the Government to indicate the measures taken, in law and in practice, to give effect to Articles 17 and 18 of the Convention, and to communicate copies of any relevant legal texts, as well as information on specific penalties assessed and implemented for violations of legal provisions.

Articles 20 and 21. Publication, communication to the ILO and content of annual labour inspection reports. The Committee notes that the Government’s report contains information on the number of inspections conducted by the labour conditions section of the labour inspectorate and the section of occupational safety and health of the labour inspectorate, the violations detected by the labour conditions section of the labour inspectorate, and the number of investigated accidents by the section of occupational safety and health of the labour inspectorate, for 2023. The Committee notes that the Government does not provide information on the other subjects required under Article 21 and that no annual inspection reports have been received by the Office for several years. The Government indicates that its long-attempted effort to implement an automated system within the Ministry of Labor, including for the labour inspectorate, has failed, but a new system is now being pursued to register inspections and generate statistics, including for reporting to the ILO. The Committee requests the Government to provide information on the development of the new system. The Committee once again requests the Government to take the necessary measures to ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g).