Labour Administration Convention, 1978 (No. 150) - Guyana (Ratification: 1983)

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

A. Labour inspection

Articles 3(1)(a) and (b), 5(a), 7(3), 13, 17 and 18 of Convention No. 81 and Articles 6(1)(a) and (b), 9(3), 12(1), 18, 22, 23 and 24 of Convention No.129. Enforcement and advisory functions of labour inspection. 1. Enforcement mechanisms and cooperation with the justice system. Further to its previous comments, the Committee notes the Government’s indication that the Ministry of Labour filed 42 charges against employers between 2022 and 2023. Of these cases, one resulted in a conviction, while the remaining cases were solved through conciliation facilitated by the courts. The Government also indicates that as of 2023, there are two attorneys at law who function in the capacity of legal officers/prosecutors for the labour inspectorate. The Government further indicates that the two attorneys facilitated four training sessions for the Department of Labour (one in collaboration with the Guyana Police Force and the Office of the Director of Public Prosecutions) to address challenges and deficiencies such as evidence collection, drafting and filing charges and preparing witness statements. The Committee requests the Government to continue to provide detailed information on the enforcement activities of the labour inspectorate, and once again requests that this information includes not only the detection of infringements, but also the issuance of non-compliance notices. While noting the Government’s indication that prosecution is used at the last stage of the dispute resolution mechanism, the Committee requests the Government to indicate the number of cases in which inspectors initiated or recommended prosecution and their outcome (number of convictions in relation to the infringements reported, amount of penalties imposed, etc.), including in the agricultural sector.

2. Activities of the labour inspectorate in the area of occupational safety and health (OSH). The Committee notes the Government’s indication that in 2022, a total of 1,324 OSH inspections were conducted, including 234 in high-risk workplaces, while 950 OSH inspections were carried out in both high-risk and low-risk workplaces in 2023, covering approximately 8,000 workers. The Committee also notes that in 2022, 625 accident reports were received, of which 184 were investigated, including 20 fatalities. Of these accidents, 56 per cent occurred in the agriculture sector. In 2023, 577 accident reports were received and 175 of these were investigated, also including 20 fatalities. The Government indicates that most of the fatalities occurred in the construction and mining sectors, while the majority of non-fatal accidents (63 per cent) occurred in the agriculture sector. Additionally, the OSH Department received 21 complaints in 2022 and 28 in 2023, all of which were investigated. Regarding OSH training for labour inspectors, the Government indicates that in 2022, 16 OSH Department staff members developed training programmes on various topics, such as safety and emergency procedures in the oil and gas sector, maritime safety, oil spill response, construction safety, agricultural safety and risk assessment. In 2023, training focused on inspection techniques, prosecution techniques, occupational hygiene measuring equipment and safety in offshore installations. The Committee also notes the Report on a review of the OSH inspection process of the Ministry of Labour published in 2023, which concluded that workplaces were not effectively monitored by the OSH Department to determine whether corrective actions were taken by employers to protect workers' safety and health, and that fines and penalties were not issued against workplaces that were in violation of OSH laws and regulations. The Committee requests the Government to provide detailed information on the outcome of the investigations conducted in relation to industrial accidents, as well as on other enforcement activities of labour inspectors in the field of OSH. In light of the large number of occupational accidents in the agricultural sector, the Committee requests that the Government provide information on any steps taken to focus greater attention on safety and health risks in the agricultural sector. In addition, the Committee requests the Government to continue to provide information on the OSH training delivered to labour inspectors, including the subject matter of the sessions and the numbers of persons attending each session.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties entrusted to labour inspectors. The Committee notes the Government’s indication that the core functions of labour inspectors/officers remain unchanged: inspections are conducted three days per week, while the remaining two days are spent in the office, resolving disputes between employers and workers and providing advice to both parties. The Government also emphasizes the role of conciliation in conflict resolution, stating that 98 per cent of complaints received in 2022 and 97 per cent in 2023 were successfully settled by labour officers. In 2023, a total of 20 complaints were related to the agriculture sector. The Committee recalls that, pursuant to Article3(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 those primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee requests the Government to provide detailed information on the measures taken or envisaged to ensure that the conciliation functions entrusted to labour officers do not interfere with the effective discharge of their primary duties or prejudice in any way their authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Articles 11 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Material resources of the labour inspectorate and frequency of inspection visits. Material and logistical resources, including transport facilities, and safety of labour inspectors. Further to its previous comment, the Committee notes the information provided by the Government that the Ministry of Labour maintains collaboration with other bodies to maximize the number of workplace inspections, including the Guyana Geology and Mines Commission, the Guyana Forestry Commission, the Ministry of Natural Resources, the Ministry of Home Affairs and the Guyana Police Force. Additionally, the Government reports that over the last two years, the Ministry has acquired seven all-terrain vehicles and four motorcycles to facilitate inspections in remote and hinterland areas, and that these resources have enabled the department to exceed its inspection targets by 17 per cent in 2023. The Committee requests the Government to continue to provide information on the measures taken to ensure that all workplaces are inspected as often and as thoroughly as necessary, including in remote areas and in the agricultural sector.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification to the labour inspectorate of industrial accidents and cases of occupational diseases. The Committee notes the Government’s indication that mechanisms are in place with regional hospitals and health centres in rural and hinterland areas, allowing OSH officers to be informed of workplace accidents that require workers to seek medical attention. The Government also states that the Ministry continues to hold regular awareness sessions with workers and joint workplace safety and health committees to emphasize the importance of reporting workplace accidents. Regarding the agriculture sector, the Government reports that most accidents occurred in the sugar cane industry, primarily due to manual production methods. The Government also informs that there has been an increase in production in the sugar industry since 2021, which has contributed to the higher number of accidents. In relation to the reporting of occupational diseases, the Government indicates that the matter has been referred to the National Advisory Council on Occupational Safety and Health (NACOSH), which is considering adopting the ILO's list of occupational diseases in its entirety, and that regulations are being developed to modify the OSH Act. The Committee also notes the Report of the Auditor General on a review of the OSH inspection of the Ministry of Labour, which indicated that a Recording and Notification of Occupational Accidents and Diseases (RNOAD) system was developed with the support of the Office. However, the report states that, due to staffing issues, the system was not fully functional at the time of the audit. The Committee requests the Government to provide additional information on the implementation of the notification system for occupational accidents and diseases. The Committee also requests the Government to continue to provide information on the measures taken to ensure that labour inspectors are notified of both industrial accidents and cases of occupational disease so that they are in a position to identify the occupational risks inherent in the various activities carried out in the workplaces liable to inspection and can take appropriate preventive measures. The Committee further requests the Government to continue to provide information on the number of occupational accidents and diseases notified to labour inspectors, disaggregated by sector to the extent possible.

Articles 5(a) and 21 (c) of Convention No. 81 and Articles 12(1) and 27(c) of Convention No. 129. Workplaces liable to inspection. Cooperation with other institutions engaged in similar activities. The Committee notes that the Report of the Auditor General on a review of the Ministry of Labour's OSH inspection process, verified that the OSH Department’s registration processes were not effectively implemented to enforce the registration of newly established workplaces or of those due for annual re-registration. A comparison of registrations with those kept by the Deeds and Commercial Registries Authority showed that over 99 per cent of new workplaces were not registered by the OSH Department. The Committee requests the Government to provide information on the measures adopted to ensure that the OSH Department has updated statistics on all workplaces liable to inspection, including the strengthening of the registration process and cooperation with other government services for data-sharing.

B. Labour Administration

Articles 1, 4 and 6 of the Convention No. 150. Functions of the labour administration system. The Committee notes the Government's reference to the structure of the Labour Administration Services Department within the Ministry of Labour, which includes the following units: the Department of Labour (DOL), the OSH Department, the Central Recruitment and Manpower Agency (CRMA), the Labour Market Information Unit (Statistical Unit) and the Board of Industrial Training (BIT). The Government indicates that each unit has specific responsibilities: the DOL is tasked with conciliation and mediation services, labour inspection, education and advisory services, trade union recognition, combating child labour and producing ILO reports; the OSH Department conducts occupational safety and health inspections; the CRMA registers and places job seekers, enlists employers for registration with the Job Bank, trains job seekers and regulates recruitment agencies; the BIT is responsible for apprenticeship and vocational training; and the Statistical Unit conducts labour market surveys and manages learning systems.

Furthermore, the Government refers to some of the achievements of the labour administration system since 2020. Regarding the operation and coordination of the labour administration system, the Government indicates that the Ministry of Labour has decentralized its services across the country’s ten administrative regions. It has also partnered with several international organizations to train its officers in areas such as migrant issues and child labour, and to develop formal and informal policies addressing these subjects. Finally, the Government notes that it has initiated a process to review the country’s labour legislation. The Committee requests the Government to provide more information on the functioning of the labour administration bodies at the national and regional levels, as well as on the measures taken to ensure that the tasks and responsibilities entrusted to these bodies are appropriately coordinated.

Article 5 of the Convention. Functions of the tripartite Committee. The Committee notes the Government's indication that the National Tripartite Committee (NTC) is composed of 18 members, with six representatives each from the Government, the Trade Unions Congress and the National Employers Organization, and is chaired by the Minister of Labour. The Government states that the NTC operates with five sub-committees focusing on the following areas: minimum wages, legislation, and disputes; ILO matters; the OSH Council; training, placement, and the Labour Market Information System (LMIS); and social services. The Government also indicates that, under the guidance of the Minister and Chairman, the NTC prioritizes issues of national importance, such as labour and skills shortages and labour migration. The Committee takes note of this information, which addresses its previous request.

Article 10. Staff, status, material means and financial resources of the labour administration system. The Committee notes the Government’s indication that the Ministry of Labour currently employs 20 labour officers, 10 co-operatives development officers, 8 OSH officers and 7 recruitment and manpower officers. The Government indicates that all these staff members are public servants and that their employment contracts are reviewed and approved by the Public Service Ministry. The Committee also notes the Government's reference to the job descriptions and qualifications required for each of these positions. The Government further indicates that the costs for employment and those related to the material and other financial resources are provided by the Government through the Ministry of Labour. The Committee requests the Government once again to describe the criteria and procedures followed for the recruitment of labour administration staff, including executive staff. The Committee also requests the Government to provide specific information on the measures taken to ensure that the staff of the labour administration system have the material and financial resources necessary for the effective performance of their duties.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 4 and 6 of the Convention. Functions of the labour administration system. The Committee understands that the resources of the labour administration system in Guyana are placed primarily on OSH labour inspection activities in the areas of training education, travelling to hinterland areas and acquiring of scientific instruments for workplace inspections and investigations of industrial accidents. Referring to its 1997 General Survey on labour administration, the Committee reminds the Government that the overall functions of the labour administration systems are more comprehensive than labour inspections and include responsibility for, or contribution to, the preparation, administration, coordination, checking and review of national labour policy, including by being the instrument of the public administration for the preparation and implementation of laws and regulations giving effect to such policy (Article 6(1)). Without being exhaustive, the Convention lists the principal functions that the bodies of the labour administration system must cover. Article 6(2), and Paragraphs 5–18 of Recommendation No. 158 detail further aspects of national labour policy covering the areas of labour standards, labour relations, employment and research in labour matters. The Committee requests the Government to provide detailed information on the current working of the labour administration system, as well as a copy of the texts governing the structure and operation of the principal bodies competent in the fields of the preparation, administration and review of the national labour policy, and extracts from the periodic reports and other information submitted by these bodies.

Furthermore, the Committee requests once again the Government to indicate the arrangements made to ensure the effective operation, and the coordination, of the functions and responsibilities of the labour administration systems (Article 4).

Article 10. Staff, status, material means and financial resources of the labour administration system. The Committee notes that, according to the Government’s brief report, the key positions of both the Chief Labour OSH Officer and the Deputy Chief Labour OSH Officer are appointed on contractual agreement renewable on a three-year basis, while other staff members are public servants.

The Committee recalls that it raised the issue of uncompetitive remuneration in the public service and the critical lack of personnel and means of transport in the labour administration system as early as 2000. Referring to paragraph 160 of its 1997 General Survey on labour administration, the Committee reminds the Government that the effectiveness of a labour administration system also depends on the material means and financial resources placed at its disposal by the State for the effective performance of the duties and responsibilities assigned to it. It emphasizes that the stability of labour administration personnel and conditions of service which guarantee them independence from any improper external influence are a prerequisite for the operation of the labour administration system that can help to achieve the objectives assigned to this public service. The Committee requests the Government to endeavour to the fullest possible extent to ensure that the material means and financial resources allocated to the labour administration system are sufficient for the effective exercise of its functions. The Committee would be grateful if the Government would send copies of the workplan and the programme for the financial resources of the labour administration and if it would continue to provide detailed information on the needs of the labour administration system. It also requests the Government to describe the criteria and procedures followed for the recruitment of labour administration staff including executive staff.

The Committee reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 5 of the Convention. Functions of the tripartite Committee. In the Committee’s previous request, the Government was asked to indicate the functions of the tripartite committee chaired by the Minister of Labour, as well as those of the six subcommittees to which it referred in its 1999 report. The Government states in reply that this question was dealt with comprehensively under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). While the Committee has not found the information requested in the Government’s report, it wishes nevertheless to emphasize that the tripartite consultations referred to in that instrument are distinguished clearly by virtue of their purpose – activities of the International Labour Organization – from the tripartite consultations referred to in Article 5, which concern the various areas of national labour policy. The Committee therefore once again requests the Government to indicate the functions of the tripartite committee chaired by the Minister of Labour, as well as those of the subcommittees referred to in its report received in 1999, and to report to the Office any other arrangements made, at the national, regional and local levels, to ensure the consultation, cooperation and negotiation provided for by Article 5. It would be grateful if the Government would also provide copies of any reports or extracts of reports relating to the work of these various tripartite bodies, their purpose and their results.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 4 and 6 of the Convention. Functions of the labour administration system. The Committee understands that the resources of the labour administration system in Guyana are placed primarily on OSH labour inspection activities in the areas of training education, travelling to hinterland areas and acquiring of scientific instruments for workplace inspections and investigations of industrial accidents. Referring to Chapter II of its 1997 General Survey on labour administration, the Committee reminds the Government that the overall functions of the labour administration systems are more comprehensive than labour inspections and include responsibility for, or contribution to, the preparation, administration, coordination, checking and review of national labour policy, including by being the instrument of the public administration for the preparation and implementation of laws and regulations giving effect to such policy (Article 6(1)). Without being exhaustive, the Convention lists the principal functions that the bodies of the labour administration system must cover. Article 6(2), and Paragraphs 5–18 of Recommendation No. 158 detail further aspects of national labour policy covering the areas of labour standards, labour relations, employment and research in labour matters. The Committee requests the Government to provide detailed information on the current working of the labour administration system, as well as a copy of the texts governing the structure and operation of the principal bodies competent in the fields of the preparation, administration and review of the national labour policy, and extracts from the periodic reports and other information submitted by these bodies.

Furthermore, the Committee requests once again the Government to indicate the arrangements made to ensure the effective operation, and the coordination, of the functions and responsibilities of the labour administration systems (Article 4).

Article 10. Staff, status, material means and financial resources of the labour administration system. The Committee notes that, between 2006 and 2012, the staff of the labour administration system decreased from 22 to 18. The Committee also notes that, according to the Government’s brief report, the key positions of both the Chief Labour OSH Officer and the Deputy Chief Labour OSH Officer are appointed on contractual agreement renewable on a three-year basis, while other staff members are public servants.

The Committee recalls that it raised the issue of uncompetitive remuneration in the public service and the critical lack of personnel and means of transport in the labour administration system as early as 2000. Referring to paragraph 160 of its 1997 General Survey on labour administration, the Committee reminds the Government that the effectiveness of a labour administration system also depends on the material means and financial resources placed at its disposal by the State for the effective performance of the duties and responsibilities assigned to it. It emphasizes that the stability of labour administration personnel and conditions of service which guarantee them independence from any improper external influence are a prerequisite for the operation of the labour administration system that can help to achieve the objectives assigned to this public service. The Committee requests the Government to endeavour to the fullest possible extent to ensure that the material means and financial resources allocated to the labour administration system are sufficient for the effective exercise of its functions. The Committee would be grateful if the Government would send copies of the workplan and the programme for the financial resources of the labour administration and if it would continue to provide detailed information on the needs of the labour administration system. It also requests the Government to describe the criteria and procedures followed for the recruitment of labour administration staff including executive staff.

The Committee reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It is therefore bound to repeat its previous comments.

Repetition

Article 5 of the Convention. Functions of the tripartite Committee. In the Committee’s previous request, the Government was asked to indicate the functions of the tripartite committee chaired by the Minister of Labour, as well as those of the six subcommittees to which it referred in its 1999 report. The Government states in reply that this question was dealt with comprehensively under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). While the Committee has not found the information requested in the Government’s report, it wishes nevertheless to emphasize that the tripartite consultations referred to in that instrument are distinguished clearly by virtue of their purpose – activities of the International Labour Organization – from the tripartite consultations referred to in Article 5, which concern the various areas of national labour policy. The Committee therefore once again requests the Government to indicate the functions of the tripartite committee chaired by the Minister of Labour, as well as those of the subcommittees referred to in its report received in 1999, and to report to the Office any other arrangements made, at the national, regional and local levels, to ensure the consultation, cooperation and negotiation provided for by Article 5. It would be grateful if the Government would also provide copies of any reports or extracts of reports relating to the work of these various tripartite bodies, their purpose and their results.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 4 and 6 of the Convention. Functions of the labour administration system. The Committee understands that the resources of the labour administration system in Guyana are placed primarily on OSH labour inspection activities in the areas of training education, travelling to hinterland areas and acquiring of scientific instruments for workplace inspections and investigations of industrial accidents. Referring to Chapter II of its 1997 General Survey on labour administration, the Committee reminds the Government that the overall functions of the labour administration systems are more comprehensive than labour inspections and include responsibility for, or contribution to, the preparation, administration, coordination, checking and review of national labour policy, including by being the instrument of the public administration for the preparation and implementation of laws and regulations giving effect to such policy (Article 6(1)). Without being exhaustive, the Convention lists the principal functions that the bodies of the labour administration system must cover. Article 6(2), and Paragraphs 5–18 of Recommendation No. 158 detail further aspects of national labour policy covering the areas of labour standards, labour relations, employment and research in labour matters. The Committee requests the Government to provide detailed information on the current working of the labour administration system, as well as a copy of the texts governing the structure and operation of the principal bodies competent in the fields of the preparation, administration and review of the national labour policy, and extracts from the periodic reports and other information submitted by these bodies.

Furthermore, the Committee requests once again the Government to indicate the arrangements made to ensure the effective operation, and the coordination, of the functions and responsibilities of the labour administration systems (Article 4).

Article 10. Staff, status, material means and financial resources of the labour administration system. The Committee notes that, between 2006 and 2012, the staff of the labour administration system decreased from 22 to 18. The Committee also notes that, according to the Government’s brief report, the key positions of both the Chief Labour OSH Officer and the Deputy Chief Labour OSH Officer are appointed on contractual agreement renewable on a three-year basis, while other staff members are public servants.

The Committee recalls that it raised the issue of uncompetitive remuneration in the public service and the critical lack of personnel and means of transport in the labour administration system as early as 2000. Referring to paragraph 160 of its 1997 General Survey on labour administration, the Committee reminds the Government that the effectiveness of a labour administration system also depends on the material means and financial resources placed at its disposal by the State for the effective performance of the duties and responsibilities assigned to it. It emphasizes that the stability of labour administration personnel and conditions of service which guarantee them independence from any improper external influence are a prerequisite for the operation of the labour administration system that can help to achieve the objectives assigned to this public service. The Committee requests the Government to endeavour to the fullest possible extent to ensure that the material means and financial resources allocated to the labour administration system are sufficient for the effective exercise of its functions. The Committee would be grateful if the Government would send copies of the workplan and the programme for the financial resources of the labour administration and if it would continue to provide detailed information on the needs of the labour administration system. It also requests the Government to describe the criteria and procedures followed for the recruitment of labour administration staff including executive staff.

The Committee reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 5 of the Convention. Functions of the tripartite Committee. In the Committee’s previous request, the Government was asked to indicate the functions of the tripartite committee chaired by the Minister of Labour, as well as those of the six subcommittees to which it referred in its 1999 report. The Government states in reply that this question was dealt with comprehensively under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). While the Committee has not found the information requested in the Government’s report, it wishes nevertheless to emphasize that the tripartite consultations referred to in that instrument are distinguished clearly by virtue of their purpose – activities of the International Labour Organization – from the tripartite consultations referred to in Article 5, which concern the various areas of national labour policy. The Committee therefore once again requests the Government to indicate the functions of the tripartite committee chaired by the Minister of Labour, as well as those of the subcommittees referred to in its report received in 1999, and to report to the Office any other arrangements made, at the national, regional and local levels, to ensure the consultation, cooperation and negotiation provided for by Article 5. It would be grateful if the Government would also provide copies of any reports or extracts of reports relating to the work of these various tripartite bodies, their purpose and their results.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Referring to to its observation, the Committee notes with regret that the Government’s report is confined to providing vague and incomplete information in reply to its direct request made in 2007 and repeated in 2009, 2010 and 2011. It therefore also wishes to raise the following points:

Articles 1, 4 and 6 of the Convention. Functions of the labour administration system. The Committee understands that the resources of the labour administration system in Guyana are placed primarily on OSH labour inspection activities in the areas of training education, travelling to hinterland areas and acquiring of scientific instruments for workplace inspections and investigations of industrial accidents. Referring to Chapter II of the 1997 General Survey on labour administration, the Committee reminds the Government that the overall functions of the labour administration systems are more comprehensive than labour inspections and include responsibility for or contribution to the preparation, administration, coordination, checking and review of national labour policy, including by being the instrument of the public administration for the preparation and implementation of laws and regulations giving effect to such policy (Article 6(1)). Without being exhaustive, the Convention lists the principal functions that the bodies of the labour administration system must cover. Article 6(2), and Paragraphs 5–18 of Recommendation No. 158 detail further aspects of national labour policy covering the areas of labour standards, labour relations, employment and research in labour matters. The Committee requests the Government to provide detailed information on the current working of the labour administration system, as well as copy of the texts governing the structure and operation of the principal bodies competent in the fields of the preparation, administration and review of the national labour policy, and extracts from the periodic reports and other information submitted by these bodies.

Furthermore, the Committee requests once again the Government to indicate the arrangements made to ensure the effective operation, and the coordination, of the functions and responsibilities of the labour administration systems (Article 4).

Article 10. Staff, status, material means and financial resources of the labour administration system. The Committee notes that, between 2006 and 2012, the staff of the labour administration system decreased from 22 to 18. The Committee also notes that, according to the Government’s brief report, the key positions of both the Chief Labour OSH Officer and the Deputy Chief Labour OSH Officer are appointed on contractual agreement renewable on a three year basis, while other staff members are public servants.

The Committee recalls that it raised the issue of the uncompetitive remuneration in the public service and the critical lack of personnel and means of transport in the labour administration system as early as 2000. Referring to paragraph 160 of its 1997 General Survey on labour administration, the Committee reminds the Government that the effectiveness of a labour administration system also depends on the material means and financial resources placed at its disposal by the State for the effective performance of the duties and responsibilities assigned to it. It emphasizes that the stability of labour administration personnel and conditions of service which guarantee them independence from any improper external influence are a prerequisite for the operation of the labour administration system that can help to achieve the objectives assigned to this public service. The Committee requests the Government to endeavour to the fullest possible extent to ensure that the material means and financial resources allocated to the labour administration system are sufficient for the effective exercise of its functions. The Committee would be grateful if the Government would send copies of the work plan and the programme for the financial resources of the labour administration and if it would continue to provide detailed information on the needs of the labour administration system. It also requests the Government to describe the criteria and procedures followed for the recruitment of labour administration staff including executive staff.

The Committee reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report does not contain a reply to its previous comments concerning the functions of the tripartite Committee chaired by the Minister of Labour, made in 2007 and repeated in 2009, 2010 and 2011. It is therefore bound to repeat its previous comments which read as follows:

Repetition

Article 5. Functions of the tripartite Committee. In the Committee’s previous request, the Government was asked to indicate the functions of the tripartite committee chaired by the Minister of Labour, as well as those of the six subcommittees to which it referred in its 1999 report. The Government states in reply that this question was dealt with comprehensively under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). While the Committee has not found the information requested in the Government’s report, it wishes nevertheless to emphasize that the tripartite consultations referred to in that instrument are distinguished clearly by virtue of their purpose – activities of the International Labour Organization – from the tripartite consultations referred to in Article 5 of this Convention, which concern the various areas of national labour policy. The Committee therefore once again requests the Government to indicate the functions of the tripartite committee chaired by the Minister of Labour, as well as those of the subcommittees referred to in its report received in 1999, and to report to the Office any other arrangements made, at the national, regional and local levels, to ensure the consultation, cooperation and negotiation provided for by Article 5. It would be grateful if the Government would also provide copies of any reports or extracts of reports relating to the work of these various tripartite bodies, their purpose and their results.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future and reminds the Government that it may avail itself of ILO technical assistance, if it so wishes.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the Government’s brief report in reply to its previous comments. It also notes the Occupational Safety and Health Act of 1997 (Cap. 99:10).

Article 10 of the Convention. Staff of the labour administration system. In its request made in 2000 and reiterated in 2004 and 2005, the Committee asked the Government to provide detailed information on the composition of the staff of the public labour administration and on any developments in the situation with regard to the conditions of service and the material and financial resources made available to the staff for the performance of their duties. The Government indicates briefly in its report that the staff of the public administrations has been strengthened by 22 new staff members and that their conditions of service are identical to those of other civil servants, without giving details of the composition of the staff as a whole. It also states that the financial resources are adequate. The Committee considers this information to be insufficient to serve as a basis for an assessment of the human and financial resources of the labour administration system and once again requests the Government to provide useful details to this end.

Articles 1, 4 and 6 and Part IV of the report form. In its previous request, the Committee requested the Government to provide the detailed information required under each of these provisions and a copy of the texts governing the structure and operation of the principal bodies competent in the fields of the preparation, administration and review of the national labour administration policy, as well as extracts from the periodic reports and other information submitted by these bodies. The Government states briefly in reply to this request that it has not received the report form for the Convention and indicates that it has not delegated any responsibility for labour administration to non-governmental organizations. With regard to the description of functions set out in Article 6, it merely indicates that these functions are performed by the departments under the Ministry of Labour, Human Services and Social Security. The Committee points out to the Government that it can access the report forms for the ILO Conventions through the following Internet link: http://www.ilo.org/ilolex/english/reportforms/reportformsE.htm and draws its attention in particular to the following requests which appear under each of the Articles mentioned above in the report form to this Convention:

Under Article 1: Please give particulars concerning the manner in which the system of labour administration is organized in your country.

Under Article 4: Please indicate the arrangements made to ensure the effective operation, and the coordination, of the functions and responsibilities of the system of labour administration.

Under Article 6: Please give details of the measures taken to give effect to each provision of this Article.

The Committee hopes that the Government will do its utmost to provide all this information.

Article 5. In the Committee’s previous request, the Government was asked to indicate the functions of the tripartite committee chaired by the Minister of Labour, as well as those of the six subcommittees to which it referred in its 1999 report. The Government states in reply that this question was dealt with comprehensively under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). While the Committee has not found the information requested in the Government’s report, it wishes nevertheless to emphasize that the tripartite consultations referred to in that instrument are distinguished clearly by virtue of their purpose – activities of the International Labour Organization – from the tripartite consultations referred to in Article 5 of this Convention, which concern the various areas of national labour policy. The Committee therefore once again requests the Government to indicate the functions of the tripartite committee chaired by the Minister of Labour, as well as those of the subcommittees referred to in its report received in 1999, and to report to the Office any other arrangements made, at the national, regional and local levels, to ensure the consultation, cooperation and negotiation provided for by Article 5. It would be grateful if the Government would also provide copies of any reports or extracts of reports relating to the work of these various tripartite bodies, their purpose and their results.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s brief report in reply to its previous comments. It also notes the Occupational Safety and Health Act of 1997 (Cap. 99:10).

Article 10 of the Convention. Staff of the labour administration system. In its request made in 2000 and reiterated in 2004 and 2005, the Committee asked the Government to provide detailed information on the composition of the staff of the public labour administration and on any developments in the situation with regard to the conditions of service and the material and financial resources made available to the staff for the performance of their duties. The Government indicates briefly in its report that the staff of the public administrations has been strengthened by 22 new staff members and that their conditions of service are identical to those of other civil servants, without giving details of the composition of the staff as a whole. It also states that the financial resources are adequate. The Committee considers this information to be insufficient to serve as a basis for an assessment of the human and financial resources of the labour administration system and once again requests the Government to provide useful details to this end.

Articles 1, 4 and 6 and Part IV of the report form. In its previous request, the Committee requested the Government to provide the detailed information required under each of these provisions and a copy of the texts governing the structure and operation of the principal bodies competent in the fields of the preparation, administration and review of the national labour administration policy, as well as extracts from the periodic reports and other information submitted by these bodies. The Government states briefly in reply to this request that it has not received the report form for the Convention and indicates that it has not delegated any responsibility for labour administration to non-governmental organizations. With regard to the description of functions set out in Article 6, it merely indicates that these functions are performed by the departments under the Ministry of Labour, Human Services and Social Security. The Committee points out to the Government that it can access the report forms for the ILO Conventions through the following Internet link: http://www.ilo.org/ilolex/english/reportforms/reportformsE.htm and draws its attention in particular to the following requests which appear under each of the Articles mentioned above in the report form to this Convention:

Under Article 1: Please give particulars concerning the manner in which the system of labour administration is organized in your country.

Under Article 4: Please indicate the arrangements made to ensure the effective operation, and the coordination, of the functions and responsibilities of the system of labour administration.

Under Article 6: Please give details of the measures taken to give effect to each provision of this Article.

The Committee hopes that the Government will do its utmost to provide all this information.

Article 5. In the Committee’s previous request, the Government was asked to indicate the functions of the tripartite committee chaired by the Minister of Labour, as well as those of the six subcommittees to which it referred in its 1999 report. The Government states in reply that this question was dealt with comprehensively under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). While the Committee has not found the information requested in the Government’s report, it wishes nevertheless to emphasize that the tripartite consultations referred to in that instrument are distinguished clearly by virtue of their purpose – activities of the International Labour Organization – from the tripartite consultations referred to in Article 5 of this Convention, which concern the various areas of national labour policy. The Committee therefore once again requests the Government to indicate the functions of the tripartite committee chaired by the Minister of Labour, as well as those of the subcommittees referred to in its report received in 1999, and to report to  the Office any other arrangements made, at the national, regional and local levels, to ensure the consultation, cooperation and negotiation provided for by Article 5. It would be grateful if the Government would also provide copies of any reports or extracts of reports relating to the work of these various tripartite bodies, their purpose and their results.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s brief report in reply to its previous comments. It also notes the Occupational Safety and Health Act of 1997 (Cap. 99:10).

Article 10 of the Convention. Staff of the labour administration system. In its request made in 2000 and reiterated in 2004 and 2005, the Committee asked the Government to provide detailed information on the composition of the staff of the public labour administration and on any developments in the situation with regard to the conditions of service and the material and financial resources made available to the staff for the performance of their duties. The Government indicates briefly in its report that the staff of the public administrations has been strengthened by 22 new staff members and that their conditions of service are identical to those of other civil servants, without giving details of the composition of the staff as a whole. It also states that the financial resources are adequate. The Committee considers this information to be insufficient to serve as a basis for an assessment of the human and financial resources of the labour administration system and once again requests the Government to provide useful details to this end.

Articles 1, 4 and 6 and Part IV of the report form. In its previous request, the Committee requested the Government to provide the detailed information required under each of these provisions and a copy of the texts governing the structure and operation of the principal bodies competent in the fields of the preparation, administration and review of the national labour administration policy, as well as extracts from the periodic reports and other information submitted by these bodies. The Government states briefly in reply to this request that it has not received the report form for the Convention and indicates that it has not delegated any responsibility for labour administration to non-governmental organizations. With regard to the description of functions set out in Article 6, it merely indicates that these functions are performed by the departments under the Ministry of Labour, Human Services and Social Security. The Committee points out to the Government that it can access the report forms for the ILO Conventions through the following Internet link: http://www.ilo.org/ilolex/english/reportforms/reportformsE.htm and draws its attention in particular to the following requests which appear under each of the Articles mentioned above in the report form to this Convention:

Under Article 1: Please give particulars concerning the manner in which the system of labour administration is organized in your country.

Under Article 4: Please indicate the arrangements made to ensure the effective operation, and the coordination, of the functions and responsibilities of the system of labour administration.

Under Article 6: Please give details of the measures taken to give effect to each provision of this Article.

The Committee hopes that the Government will do its utmost to provide all this information.

Article 5. In the Committee’s previous request, the Government was asked to indicate the functions of the tripartite committee chaired by the Minister of Labour, as well as those of the six subcommittees to which it referred in its 1999 report. The Government states in reply that this question was dealt with comprehensively under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). While the Committee has not found the information requested in the Government’s report, it wishes nevertheless to emphasize that the tripartite consultations referred to in that instrument are distinguished clearly by virtue of their purpose – activities of the International Labour Organization – from the tripartite consultations referred to in Article 5 of this Convention, which concern the various areas of national labour policy. The Committee therefore once again requests the Government to indicate the functions of the tripartite committee chaired by the Minister of Labour, as well as those of the subcommittees referred to in its report received in 1999, and to report to  the Office any other arrangements made, at the national, regional and local levels, to ensure the consultation, cooperation and negotiation provided for by Article 5. It would be grateful if the Government would also provide copies of any reports or extracts of reports relating to the work of these various tripartite bodies, their purpose and their results.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s brief report in reply to its previous comments. It also notes the Occupational Safety and Health Act of 1997 (Cap. 99:10).

Article 10 of the Convention. Staff of the labour administration system. In its request made in 2000 and reiterated in 2004 and 2005, the Committee asked the Government to provide detailed information on the composition of the staff of the public labour administration and on any developments in the situation with regard to the conditions of service and the material and financial resources made available to the staff for the performance of their duties. The Government indicates briefly in its report that the staff of the public administrations has been strengthened by 22 new staff members and that their conditions of service are identical to those of other civil servants, without giving details of the composition of the staff as a whole. It also states that the financial resources are adequate. The Committee considers this information to be insufficient to serve as a basis for an assessment of the human and financial resources of the labour administration system and once again requests the Government to provide useful details to this end.

Articles 1, 4 and 6 of the Convention and Part IV of the report form. In its previous request, the Committee requested the Government to provide the detailed information required under each of these provisions and a copy of the texts governing the structure and operation of the principal bodies competent in the fields of the preparation, administration and review of the national labour administration policy, as well as extracts from the periodic reports and other information submitted by these bodies. The Government states briefly in reply to this request that it has not received the report form for the Convention and indicates that it has not delegated any responsibility for labour administration to non-governmental organizations. With regard to the description of functions set out in Article 6, it merely indicates that these functions are performed by the departments under the Ministry of Labour, Human Services and Social Security. The Committee points out to the Government that it can access the report forms for the ILO Conventions through the following Internet link: http://www.ilo.org/ilolex/english/reportforms/reportformsE.htm and draws its attention in particular to the following requests which appear under each of the Articles mentioned above in the report form to this Convention:

Under Article 1: Please give particulars concerning the manner in which the system of labour administration is organized in your country.

Under Article 4: Please indicate the arrangements made to ensure the effective operation, and the coordination, of the functions and responsibilities of the system of labour administration.

Under Article 6: Please give details of the measures taken to give effect to each provision of this Article.

The Committee hopes that the Government will do its utmost to provide all this information.

Article 5. In the Committee’s previous request, the Government was asked to indicate the functions of the tripartite committee chaired by the Minister of Labour, as well as those of the six subcommittees to which it referred in its 1999 report. The Government states in reply that this question was dealt with comprehensively under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). While the Committee has not found the information requested in the Government’s report, it wishes nevertheless to emphasize that the tripartite consultations referred to in that instrument are distinguished clearly by virtue of their purpose – activities of the International Labour Organization – from the tripartite consultations referred to in Article 5 of this Convention, which concern the various areas of national labour policy. The Committee therefore once again requests the Government to indicate the functions of the tripartite committee chaired by the Minister of Labour, as well as those of the subcommittees referred to in its report received in 1999, and to report to  the Office any other arrangements made, at the national, regional and local levels, to ensure the consultation, cooperation and negotiation provided for by Article 5. It would be grateful if the Government would also provide copies of any reports or extracts of reports relating to the work of these various tripartite bodies, their purpose and their results.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s brief reports for the period ending June 1999. It would be grateful if the Government would provide additional information on the following points.

Noting from the 1994 report that, in view of the uncompetitive remuneration in the public service, it suffers from a critical lack of personnel and means of transport to carry out field missions, the Committee requests the Government to provide detailed information on the current composition of the personnel of the public labour administration and on any developments in this situation with regard to the conditions of service and material and financial resources made available to the personnel for the discharge of their functions.

Noting also in the above report that draft legislation on occupational safety and health was being prepared in the context of an ILO technical assistance programme, the Committee notes that the Government does not provide any information in its latest report on this matter and requests it to report on the action taken as a result of the project.

Articles 1, 4 and 6 of the Convention and Part IV of the report form.  The Committee requests the Government to provide the detailed information required by the report form on the Convention under each of these provisions. Please also provide copies of the texts governing the structure and operation of the principal bodies competent in the fields of the preparation, administration and review of the national labour administration policy, and extracts from the periodic reports and other information submitted by these bodies.

Article 5.  The Committee requests the Government to indicate the functions of the tripartite committee chaired by the Minister of Labour and the six subcommittees to which it refers in its most recent report, and to provide information on their activities.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s brief reports for the period ending June 1999. It would be grateful if the Government would provide additional information on the following points.

Noting from the 1994 report that, in view of the uncompetitive remuneration in the public service, it suffers from a critical lack of personnel and means of transport to carry out field missions, the Committee requests the Government to provide detailed information on the current composition of the personnel of the public labour administration and on any developments in this situation with regard to the conditions of service and material and financial resources made available to the personnel for the discharge of their functions.

Noting also in the above report that draft legislation on occupational safety and health was being prepared in the context of an ILO technical assistance programme, the Committee notes that the Government does not provide any information in its latest report on this matter and requests it to report on the action taken as a result of the project.

Articles 1, 4 and 6 of the Convention and Part IV of the report form.  The Committee requests the Government to provide the detailed information required by the report form on the Convention under each of these provisions. Please also provide copies of the texts governing the structure and operation of the principal bodies competent in the fields of the preparation, administration and review of the national labour administration policy, and extracts from the periodic reports and other information submitted by these bodies.

Article 5.  The Committee requests the Government to indicate the functions of the tripartite committee chaired by the Minister of Labour and the six subcommittees to which it refers in its most recent report, and to provide information on their activities.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s brief reports for the period ending June 1999. It would be grateful if the Government would provide additional information on the following points.

Noting from the 1994 report that, in view of the uncompetitive remuneration in the public service, it suffers from a critical lack of personnel and means of transport to carry out field missions, the Committee requests the Government to provide detailed information on the current composition of the personnel of the public labour administration and on any developments in this situation with regard to the conditions of service and material and financial resources made available to the personnel for the discharge of their functions.

Noting also in the above report that draft legislation on occupational safety and health was being prepared in the context of an ILO technical assistance programme, the Committee notes that the Government does not provide any information in its latest report on this matter and requests it to report on the action taken as a result of the project.

Articles 1, 4 and 6 of the Convention and Part IV of the report form.  The Committee requests the Government to provide the detailed information required by the report form on the Convention under each of these provisions. Please also provide copies of the texts governing the structure and operation of the principal bodies competent in the fields of the preparation, administration and review of the national labour administration policy, and extracts from the periodic reports and other information submitted by these bodies.

Article 5.  The Committee requests the Government to indicate the functions of the tripartite committee chaired by the Minister of Labour and the six subcommittees to which it refers in its most recent report, and to provide information on their activities.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous comments, the Committee notes the information provided by the Government concerning application of Article 4 of the Convention and organisation of the Ministry of Labour into five sections. It also notes, in application of Article 10, that recruitment of the staff of the labour administration system is done by the Public Service Commission and officers' terms of employment come under the Public Service Rules.

The Committee asks the Government to provide more detailed information about the manner in which the Convention is applied, especially with regard to the matters mentioned above, and any practical difficulties. Please also indicate measures taken following technical cooperation received from the ILO in relation to labour administration (see points IV and V of the report form).

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the provisions of the Employment Exchanges Act. It hopes that a detailed report in the form approved by the Governing Body will be provided and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 4. The Committee requests the Government to provide full particulars of the organisation and effective operation of the system of labour administration and to forward the periodical and annual reports published by the main bodies of the labour administration.

Article 10. While noting the provisions of section 3 of the Labour Act (Chap. 98:01) providing for the appointments and functions of labour administrators, the Committee asks the Government to indicate the legislative provisions which ensure to labour administration staff the status and conditions of service referred to in this Article of the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information provided by the government concerning the application of Articles 6, paragraph 2(a), and 7, of the Convention.

Article 4. The Committee again requests the Government to provide full particulars of the organisation and effective operation of the system of labour administration and to forward the periodical and annual reports published by the main bodies of the labour administration.

Article 10. While noting the provisions of section 3 of the Labour Act (Chap. 98:01) providing for the appointments and functions of labour administrators, the Committee asks the Government to indicate the legislative provisions which ensure to labour administration staff the status and conditions of service referred to in this Article of the Convention.

Furthermore, the Committee hopes that a copy of the Employment Exchange Act (Chap. 98:05) will be transmitted shortly to the ILO.