Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Suriname

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1976)
Convenio sobre la administración del trabajo, 1978 (núm. 150) (Ratificación : 1981)

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

A. Labour inspection

Article 3(1)(b) and (2) of Convention No. 81. Labour inspectors’ duties in the area of occupational safety and health (OSH). Following its previous comments on the enforcement duties of labour inspectors in the field of OSH and the development of a new Safety and Health Act, the Committee notes the indication, in the Government’s report, that the draft law has not yet been discussed by parliament. The Government further indicates that a labour inspection strategy was not developed within the framework of the Decent Work Country Programme (DWCP) 2019–21, but that it is envisaged to implement the Strategic Compliance Planning inspection model under the DWCP 2023–26, and to strengthen the capacity of the labour inspection system in priority operational areas, as well as the capacity of research and training units. The Committee notes the Government’s indication that, while it has made some progress in terms of training and recruitment, there remain significant capacity deficits which limit the effectiveness of the labour inspection system in preventing and detecting violations. The Committee requests the Government to continue to provide information on any developments towards the adoption of a new Safety and Health Act, and also to provide information on the measures taken or envisaged to strengthen the operational capacity of the labour inspection system, including on activities undertaken in the context of the DWCP 2023–26. Further, the Committee requests the Government to provide detailed information regarding the impact of the Strategic Compliance Planning model on the operation of the labour inspectorate.

Article 7(3). Adequate training. Following its previous comments on the training provided to labour inspectors, the Committee notes the Government’s indication that in the period 2022–23, 24 persons were trained through the regular course entitled “Basic Training for Junior Labour Inspectors”. The Committee further notes the information provided by the Government concerning the applicable conditions for the promotion of a junior labour inspector to the role of senior labour inspector, the requirement of mandatory internal trainings for all inspectors, and the subjects included in the basic and advanced training curricula for labour inspectors. The Committee takes note of this information, which addresses its previous request.

Articles 10 and 11. Sufficient number of labour inspectors and necessary arrangements for the performance of the labour inspectors’ duties. Application in practice. Following its previous comments, the Committee notes the statistics provided by the Government, indicating that, as of May 2023, there were 56 labour inspectors employed across three regions (26 male and 30 female), and it welcomes the Government’s indication that a graduation ceremony was held in May 2023 for 24 junior labour inspectors. The Committee further notes that, according to the Government, 11 new officials have been employed and require training to be promoted to junior labour inspector, but that some of those officials could not be engaged in activities and programmes due to a lack of facilities. The Committee further notes that, according to the Government, insufficient transport facilities hamper the activities of the labour inspectorate and hinder the implementation of periodic inspection plans. In the Government’s view, transport allowances need to be increased. The Committee requests the Government to provide further information on the measures taken or envisaged to remedy the situation identified regarding transport facilities and the material means put at the disposal of labour inspectors. The Committee also requests the Government to continue to provide information on the measures taken to ensure the recruitment of a sufficient number of labour inspectors, including by continuing to provide statistics on the number of newly recruited and trained labour inspectors.

Article 14. Notification to the labour inspectorate of cases of occupational diseases. Following its previous comments on legislative reforms and their impact on the notification of occupational accidents and diseases to the labour inspection services, the Committee notes the Government’s indication that a draft law to amend and replace the Industrial Accidents Act has received a favourable response from the State Council and has been forwarded to the Council of Trade Unions. The Government indicates that it has yet to receive comments from the Council of Trade Unions. The Committee also notes that, according to the Government, this draft law contains a revised list of occupational diseases. In addition, the Committee notes that, in the framework of the DWCP 2023–26, Output 3.2.2 concerns monitoring, evaluation, and reporting in relation to the labour administration system, and notes the need to enhance the capacity of the labour inspectorate to collect, compile, and disseminate labour administration data. The Committee requests the Government to continue to provide information on progress made towards enactment of the Industrial Accidents Act, including specifically regarding the adoption of a revised list of occupational diseases. The Committee also requests the Government to provide information on any other measures taken to strengthen the labour inspectorate’s case management and data collection systems with a view to ensure that the labour inspectorate is notified of industrial accidents and cases of occupational diseases, in accordance with Article 14.

Article 18. Penalties for violations of the legal provisions enforceable by labour inspectors. Following its previous comments on this matter, the Committee notes the Government’s indication that the decline in the number of lawsuits in 2018 was caused by insufficient administrative resources. The Government further indicates that a draft amended list of fines, which would include fines applicable to violations of more recently adopted legislation, is still pending with the Ministry of Justice and Police and the Public Prosecutor’s Office, and that this hinders the imposition of fines in relation to labour legislation adopted after 2016. The Committee also notes the statistics provided by the Government concerning the total number of official reports drawn by labour inspectors in case of detected violations, which decreased from 278 in 2021 to 103 in 2022. At the same time, according to those statistics, the total number of fines paid increased from 16,250 Surinamese dollars (approx. US$570) in 2021 to 21,600 Surinamese dollars (approx. US$750) in 2022. The Committee requests the Government to indicate any measures taken to improve the situation regarding the substantial decline in court cases brought for labour violations, and to provide information on the current situation. The Committee also requests the Government to provide information on any developments regarding the adoption of an amended and up-to-date list of fines.Finally, the Committee requests the Government to provide updated statistics on the number of cases submitted to court by labour inspectors and the outcome of the cases.

Articles 20 and 21. Publication and communication of annual labour inspection reports. Following its previous comments, the Committee welcomes the transmission by the Government of the Annual Labour Inspection Reports 2021 and 2022. The Committee nevertheless observes that information on some of the subjects listed under Article 21 are not reflected in those reports. In particular, the Annual Labour Inspection Report 2022 does not contain information on: the number of labour inspectors (Article 21(b)); statistics of workplaces liable to inspection and workers therein (Article 21(c)); statistics of violations and penalties imposed (Article 21(e)); and statistics on industrial accidents and occupational diseases (Article 21 (f) and (g)). The Committee also notes the indication of the Government that annual labour inspection reports are not published. Consequently, the Committee requests the Government to continue to provide the annual labour inspection reports that are transmitted to the ILO, in accordance with Article 20, and to indicate the measures taken to ensure that they cover all the information listed under Article 21. In addition, the Committee requests the Government to indicate the measures taken to ensure that annual labour inspection reports are published, in accordance with Article 20(1).

B. Labour administration

Article 5 of Convention No. 150. Consultation, cooperation and negotiation between the public authorities and the most representative employers’ and workers’ organizations. Following its previous comments on the Labour Advisory Board (AAC), the Committee notes the Government’s indication in its report concerning the consultations held within the AAC, and its indication that the AAC has been active for at least the past 20 years without interruption. The Committee also notes the Government’s statement that, since 2015, the Centre for Innovation and Productivity, the Parental Benefit Fund, the National Wage Board, the National Decent Work Commission and the Inclusive Labour Market Commission have been established as permanent bodies. The Government further indicates that, in 2023, it reviewed the settings of tripartite consultations, by establishing a high-level Tripartite Policy Consultation, as well as a technical team composed of high officials of the Government, trade unions and employers. The Committee requests the Government to provide further information on the new modalities of high-level tripartite consultations introduced in 2023, including the nature, content and frequency of the consultations taking place within this new structure, and the role of the abovementioned technical team.

Article 6(2)(a). Preparation, administration, coordination, checking and review of national employment policy. Following its previous comments on the national employment policy, the Committee notes the Government’s indication regarding the adoption of the Multi-Annual Development Plan for 2022–26. The Committee takes note of this information, which addresses its previous request.

Article 6(2)(b). Study and review of the situation of persons in relation to employment. Following its previous comments, the Committee notes that the Multi-Annual Development Plan for 2022–26 contains, among other elements, an analysis of labour market developments, and a review of the national situation concerning employment and unemployment issues. The Committee takes note of this information, which addresses its previous request.

Article 6(2)(c) and (d). Services available to employers and workers. Following its previous comments on the activities of the Labour Mediation Council (BR), the Committee takes due note of the information provided by the Government regarding the number of cases handled by the BR since 2015. According to the 2022 annual report of the BR, it has handled 14 such disputes in 2022. The Government also indicates that the BR has handled 17 cases in 2015, five cases in 2016, 14 in 2017, 16 in 2018, and six in the first half of 2019. In addition, the Government indicates that the Legal Bureau of the Labour Inspectorate is also entrusted with the function of providing technical advice on labour matters to employers, workers and their respective organizations. The Committee takes note of this information, which addresses its previous request.

Article 7. Extension of the functions of the system of labour administration to categories of workers who are not, in law, considered employed persons. Following its previous comments, the Committee notes the Government’s indication that it is not yet in a position to extend labour administration activities to the workers listed under Article 7(a)-(d), and that there are no specific plans in this regard. The Government nonetheless indicates that it is considering a comprehensive plan focused on the transition of the companies in the informal economy of Suriname to the formal economy as part of the DWCP for 2023–26. The Committee requests the Government to continue to provide information on any progress achieved in this regard.

Article 8. National policy concerning international labour affairs. Following its previous comments on the consultations held within the AAC, the Committee notes the Government’s indication concerning the role of the ILO committee established within the AAC to review and provide advice on ILO reports and questionnaires. The Government further states that the way the national policy concerning international labour affairs is prepared has not changed over the past years. The Committee takes note of this information, which addresses its previous request.

Article 10. Staff of the labour administration system and material means. Following its previous comments on the allocation of financial resources within the labour administration system, the Committee notes the information provided by the Government concerning the approved governmental budgets between 2020–23. The Committee takes note of the Government’s indication that the ongoing economic crisis in Suriname poses serious difficulties for the execution of policy programmes and measures with a budgetary component. The Committee requests the Government to provide further information on the manner in which the execution of policy programmes of the labour administration system has been impacted, and any measures taken or envisaged to ensure that the staff of the labour administration system continues to have the financial resources necessary for the effective performance of their duties.