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Repetition The Committee notes the observations from the Confederation of Trade Unions of Armenia (CTUA) of 2022 communicated with the Government’s report.Article 3(1) of the Convention. Activities of the labour inspectorate in the area of undeclared work. The Committee notes the Government’s indication in its report that section 11(10)(k) of the Health and Labour Inspection Body (HLIB) Statute empowers HLIB to implement control over maintaining the procedure for concluding and terminating labour contracts; detecting cases of hiring without an individual legal act or a written labour contract (illegal labour); maintaining the adequate duration of working and rest hours; and the calculation and payment of wages. While taking note of these labour inspection functions, the Committee once again requests the Government to provide information on the number of cases of undeclared work discovered by labour inspectors and to specify the number of cases of undeclared workers who effectively succeeded in obtaining their rights, including settlement of unpaid wages, social security coverage and the drawing up of an employment contract. Articles 4, 10 and 11. Reform of the labour inspectorate. Human and material resources available to the labour inspection services. Further to its previous comments, the Committee notes the adoption of the Republic of Armenia (RA) Law “On State Government System Bodies” of 23 March 2018, which establishes the HLIB operating under the Government. The HLIB is the body authorized to perform the functions of state supervision and control of compliance with labour legislation, including occupational safety and health (OSH). The Committee notes that section 27 of HLIB’s Statute provides for its structural division with 9 units, including Labour Legislation Control Department. The Committee also notes the Government’s indication that the number of HLIB’s staff positions was increased by 60 (from 280 to 340) by the Decree of the Prime Minister of the Republic of Armenia No. 808-A of 16 July 2020. The Committee requests the Government to indicate whether all labour inspectors previously employed by the State Labour Inspectorate and State Health Inspectorate have been transferred to the HLIB. The Committee further requests the Government to provide detailed information on the budgetary, human and material resources at the disposal of the HLIB, including comparative information on the actual remuneration scale of labour inspectors in relation to other comparable categories of Government employees exercising similar functions, such as tax inspectors or police officers.Articles 5(a), 17 and 18. Cooperation between the labour inspectorate and the judicial bodies and penalties imposed on the perpetrators of violations. Further to its previous comment, the Committee notes the Government’s reference to section 6(1)(2) of the RA Law “On Inspection Bodies”, which provides for powers to enforce liability measures for violation of the legislation, and section 41 of the Code of Administrative Offences, which stipulates the scope of liability measures for violation of labour legislation. The Committee also notes the Government’s indication that by virtue of the Civil Procedure Code, adopted in 2018, the cases of individual labour disputes must be considered and resolved within three months after acceptance for court proceedings. The Government also indicates that the public information system “Data Lex” enables members of the public to obtain information about the judicial proceedings and case outcomes in real time. The Committee notes that the HLIB annual report includes information on the number of violations detected and the number of fines imposed and collected for labour law infringements. However, the Committee notes that the Government report and the HLIB annual report do not include information on the number of cases referred to the judiciary by labour inspectors and the outcome of those cases. Therefore, the Committee requests that the Government provide information on the number of violation notices transmitted to judicial authorities and the action taken as a result, including the penalties imposed. The Committee also requests the Government to indicate the practical measures taken or contemplated to develop effective cooperation between the labour inspectorate and the judicial bodies, such as training activities, courts’ reliance on or reference to labour inspectors’ expertise, inspectorates’ guidance promulgated with regard to interpretation of relevant legal texts, etc.Article 5(b). Collaboration between labour inspectors and employers and workers or their organizations. The Committee notes the Government’s indication that one of HLIB’s functions includes informing and consulting workers, employers and their representatives on OSH, employment relationship and compliance with law. The Government indicates that the inspection authority held consultations with the Republican Tripartite Committee, in line with the action plan implementing the 2015 Republican Collective Contract, including on joint actions with social partners aimed at the improvement of the inspectorate functions. The Committee notes from the CTUA’s observations that by virtue of the Law “On Inspection Bodies”, the Governing Council of the Inspection Body is composed of representatives of state government bodies, public and scientific organizations, but not of workers’ and employers’ representatives. The Committee requests the Government to continue to provide information on any measures taken or envisaged to enhance collaboration between the labour inspection services and social partners. The Committee further requests the Government to provide its comments with respect to the CTUA’s observations regarding membership of the Governing Council.Article 7. Recruitment and training of labour inspectors. The Committee notes the Government’s indication, in reply to its previous request, that HLIB’s employees are civil servants within the meaning of the Law “On Civil Service”, which regulates procedures for conducting competition, evaluation of performance abilities and trainings. The Government further indicates that issues related to the training and number of inspectors must be considered in the context of further reforms of institutional, functional and juridical spheres. The Committee requests the Government to provide information on the recruitment process, the qualifications required for labour inspectors and the nature of training they receive for this purpose, such as initial training, in-service training and training in some specific subjects, as well as plans for continuous training of labour inspectors, if any. Articles 19, 20 and 21. Annual report on the work of the labour inspectorate. Following its previous comments, the Committee notes the Government’s indication that according to section 15 of the Law “On Inspection Bodies”, after submission of the annual report to the Prime Minister for discussion by the Government, the inspection report is then published online. The Committee notes with interest that the annual report of the HLIB is available on its website. The Committee notes that, however, the report does not contain information on: (i) statistics on the number of inspectors (Article 21(b)); (ii) statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); (iii) statistics of industrial accidents (Article 21(f)); and (iv) statistics of occupational diseases (Article 21(g)).The Committee requests the Government to continue its efforts to publish labour inspection reports and to take the necessary measures to ensure that they cover all the subjects listed in Article 21(a)–(g) of the Convention.
Repetition The Committee notes the observations from the Confederation of Trade Unions of Armenia (CTUA) communicated with the Government’s reports. Articles 3, 4, 7, 9, 12, 13, 16 and 17 of the Convention. Moratorium on labour inspections. The Committee notes that the moratorium on inspections expired on 1 January 2018. Taking due note of this information, the Committee expects that no moratorium on inspections will be placed in the future. Therefore, it requests the Government to provide detailed statistics on the number of inspection visits undertaken by the Health and Labour Inspection Body (HLIB).Article 3(2). Additional duties of labour inspectors. The Committee notes the Government’s indication that the amendments to the Labour Code introduced by the Law N HO-265-N of 4 December 2019, which entered into force on 1 July 2021, provide that labour inspectors are empowered to control compliance with labour legislation and collective agreements and can apply enforcement measures in cases stipulated by law. The Government further indicates that the amended section 230 of the Code on Administrative Offenses, which came into force on 1 July 2021, grants to the HLIB the authority to handle cases regarding administrative offences for violating the requirements of the labour legislation. The Committee also notes the Government’s indication about the amendments to HLIB’s Statute by Prime-Minister’s Decision N 768-L of 3 July 2020 and Decision No. 781-L of 23 July 2021. The Committee notes that section 11 of HLIB’s Statute enlists HLIB’s supervisory powers on a number of areas, including labour and OSH legislation. The Committee notes that other areas under HLIB’s supervision refer to matters unrelated to conditions of work and protection of workers (such as supervision over circulation of medicine; donation of human blood and its components and transfusion; human reproductive health and reproductive rights; psychiatric care, among others). The Committee recalls that according to Article 3(1) of the Convention, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work and that according to Article 3(2), any further duties which may be entrusted to them must not be such as to interfere with the discharge of their primary duties.Noting that the tasks assigned to the HLIB include a number of substantial functions in addition to the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, the Committee requests the Government to take measures in law and practice to ensure that, in accordance with Article 3(2) of the Convention, additional functions entrusted to labour inspectors do not interfere with the effective discharge of their primary duties and to provide specific information on all progress thereon.Articles 12 and 16. Free access of inspectors to workplaces without previous notice. Inspections as often and as thoroughly as necessary. The Committee notes the Government’s indication that section 7 of the Law “On Organization and Conduct of Inspections in the Republic of Armenia (RA)” provides for inspectors’ powers, while section 8(1) stipulates inspectors’ duties. However, the Committee notes that the Law does not provide for the right of labour inspectors to enter any workplace liable to inspection without previous notice at any hour of the day or night, as stipulated in Article 12(1)(a) of the Convention. In addition, the Committee notes that section 3(2) of the same Law obliges inspection authorities, prior to inspection visits, to issue an order for inspection specifying, among others, the body conducting the inspection, full name of the commercial entity under inspection, name, surname of the official(s) conducting the inspection, scope of issues, period under review, purpose, inspection term, and legal basis for the inspection. The Committee notes the general requirement for the inspection authority to submit to the employer the order for inspection at least three working days in advance of the inspection (section 3(3)). The Committee also notes CTUA’s observations according to which the procedure for conducting inspections, as established by the legislation, is not in line with the requirements of Article 12(1) of the Convention. The Committee recalls that Article 12(1)(a) provides 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. In addition, Article12(2) provides that labour inspectors shall have the right to decide not to inform the employer or their representatives of their presence on the occasion of an inspection visit when they consider that such a notification may be prejudicial to the performance of their duties.The Committee also notes the Government’s indication that the inspection body undertakes inspection based on an annual plan, which is presented by the Head of the inspection body, approved by the Governing Council of the inspection body and published on HLIB’s web page, or alternatively in case of necessity. The Committee notes the Government’s reference to section 4(3) of the Law on Organization and Conduct of Inspections, which limits frequency of labour inspection visits in workplaces in accordance with risk categorization, such as high risk (inspections not more than once in a year), medium risk (inspections not more than once in three years) and low risk (inspections not more than once in five years). The Government indicates that public complaints about business entities are used in the risk-based gradation and that inspections in case of necessity, outside the annual plan, are undertaken in view of a high level of risk, or in case of multiple complaints about the same business entity in a short period of time. Noting the Government’s explanation about the possibility to modify the annual plan, the Committee once again expresses the view that limiting the number of inspection visits to a specific number for a certain time period raises obstacles to the effective performance of labour inspection functions.Furthermore, the Committee notes that section 4(1) and (2) of the same Law limits the duration of an inspection visit to up to 15 consecutive working days per year, which can be extended up to the total duration of actual inspection of 30 working days upon a written justification. The Committee further observes that section 5 allows repeated inspections only in exceptional cases, such as following an instruction of the Prime Minister or within a criminal procedure. The Committee recalls that, according to Article 16, labour inspectors shall undertake inspections as often and as thoroughly as is necessary to ensure the effective application of relevant legal provisions. Noting with serious concern the extent of limitations imposed on the authority and powers of labour inspectors, the Committee requests the Government to take the necessary measures to ensure that labour inspectors provided with proper credentials are empowered to enter freely any workplace liable to inspection without previous notice and to conduct inspections as often and as thoroughly as necessary. The Committee also requests the Government to provide information on the number of announced and unannounced inspections conducted by labour inspectors as well as the number and nature of inspections conducted outside the scope of the annual plan. The Committee further requests the Government to provide its comments in respect of CTUA’s observations.
Previous comment
Referring to its observation, the Committee draws the Government’s attention to the following point.
Articles 5(a), 17 and 18 of the Convention. Cooperation between the labour inspectorate and the judicial bodies and penalties imposed on the perpetrators of violations. According to the Government, the collaboration between the labour inspectorate and the judicial bodies is unsatisfactory. The Government regrets the lack of a common policy concerning labour legislation adopted by both the judicial bodies and the labour inspectorate. It indicates that the case law very often varies from one court to another in disputes of the same nature. The Committee requests the Government to refer to its 2007 general observation, in which it points out that effective cooperation between the labour inspection system and the judicial system may be achieved through the adoption of legislative provisions and the establishment of educational and informative exchanges. The Committee requests the Government to indicate the measures taken or envisaged to improve the cooperation between the labour inspectorate and the judicial bodies.
The Committee notes the Government’s report accompanied by the comments made by the Union of Manufacturers and Entrepreneurs of Armenia (UMEA) and the Confederation of Trade Unions of Armenia (CTUA) received by the ILO on 23 December 2009.
Articles 16 and 18 of the Convention. Obstructions to the performance of inspection duties. The Committee notes with concern the Government’s indication that 137 inspections of enterprises were prevented from being carried out. The Committee requests the Government to indicate why it was not possible to carry out the inspections mentioned and to specify the measures taken to overcome the obstacles identified, if necessary through the application of penalties in the case of obstructions.
Article 5(b). Collaboration between labour inspectorate officials and employers and workers or their organizations. In its comments, the UMEA reports a lack of collaboration between the labour inspectorate and the social partners and expresses the hope for periodic exchanges on problems faced. The Committee requests the Government to refer to paragraphs 163–172 of its General Survey of 2006 concerning the role of the social partners in the operation of the labour inspectorate, in which it emphasizes that the labour inspectorate can attain its objectives only if appropriate measures are adopted by the competent authority to promote effective collaboration with employers and workers in its operations and activities. Such collaboration may take place within a tripartite advisory body with a general mandate for labour issues. The Committee requests the Government to indicate the measures taken or envisaged to promote collaboration between the labour inspectorate and organizations of workers and employers and to keep the Office informed of the results achieved in that regard.
Articles 20 and 21. Annual reports on the work of the labour inspectorate. The UMEA emphasizes that although section 12 of the Act on the conditions of service of the labour inspectorate provides for the preparation and publication of an annual report on the work of the labour inspectorate, such reports are not published (2008 report), are incomplete or are published late. The Committee reminds the Government that a report on the work of the labour inspectorate should be published and transmitted to the ILO each year. The Committee requests the Government to take the necessary measures to publish and transmit an annual report on the work of the labour inspectorate as soon as possible. It draws the Government’s attention to the guidance provided in paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81) on the presentation of the information required.
Communication of legal texts. The Committee notes that the Government has not yet provided the ILO with the documents requested by the Committee in its previous comments. The Committee therefore once again requests the Government to provide the ILO with the following texts as soon as possible:
– the Administrative Infringements Code of 6 December 1985;
– the Act of 17 May 2000 on the Organization and Conduct of Inspections;
– the Act of 13 December 2004 on Administrative Conduct and Principles;
– Government Decision No. 1146-N of 29 August 2004 establishing the State Labour Inspectorate within the Ministry of Labour and Social Affairs, confirming the statutes of the State Labour Inspectorate and amending previous Government Decision (14 November 2002) No. 1821-N;
– Government Decision No. 1893-N of 6 October 2005 on the provision of information to the State Labour Inspectorate;
– Government Decision No. 2301-N of 6 October 2005 adopting the procedure for the submission of quarterly reports by employers to the State Labour Inspectorate;
– Government Decision No. N876 of 16 June 2006 establishing the form, use and procedure for issuing a copy of a workbook;
– Government Decision No. N1882-N of 20 October 2005 on the procedure for publication, accounting, conservation and archiving of the employer’s internal and private legal documents;
– The Public Service Act.
The Committee is raising other points in a request addressed directly to the Government.
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:
Noting that the Government mentions in its first report a series of legal texts of which it has not sent copies despite the request made by the Office on 4 June 2007, and also other texts which are equally relevant to assessing the level of application of the Convention, the Committee would be grateful if the Government would send copies of the aforementioned texts to the ILO as soon as possible.
The following texts are concerned:
– The Administrative Infringements Code of 6 December 1985.
– The Act of 17 May 2000 on the Organization and Conduct of Inspections.
– The Act of 13 December 2004 on Administrative Conduct and Principles.
– Government Decision No. 1146-N of 29 August 2004 establishing the State Labour Inspectorate within the Ministry of Labour and Social Affairs, confirming the statutes of the State Labour Inspectorate and amending previous Government Decision (14 November 2002) No. 1821-N.
– Government Decision No. 1893-N of 6 October 2005 on the provision of information to the State Labour Inspectorate.
– Government Decision No. 2301-N of 6 October 2005 adopting the procedure for the submission of quarterly reports by employers to the State Labour Inspectorate.
– Government Decision No. N876 of 16 June 2006 establishing the form, use and procedure for issuing a copy of a workbook.
– Government Decision No. N1882-N of 20 October 2005 on the procedure for publication, accounting, conservation and archiving of the employer’s internal and private legal documents.
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 following matters raised in its previous direct request:
The Committee notes the Government’s first report. Noting that the Government mentions in its report a series of legal texts of which it has not sent copies despite the request made by the Office on 4 June 2007, and also other texts which are equally relevant to assessing the level of application of the Convention, the Committee would be grateful if the Government would send copies of the aforementioned texts to the ILO as soon as possible.