Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Antigua-et-Barbuda

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1983)
Convention (n° 150) sur l'administration du travail, 1978 (Ratification: 2002)

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

Labour inspection

Article 3(2) of Convention No. 81. Additional duties entrusted to labour inspectors. The Committee takes note of the current standard job description for labour inspectors and the organizational chart of the Labour Department submitted with the Government’s report. The Committee takes note of this information which responds to its previous request.

Articles 10 and 16. Number of labour inspectors and frequency of labour inspection visits. Further to its previous comments, the Committee notes the Government’s indication in its report that there are currently six labour inspectors, including one supervisor. The Government indicates that 22 inspections were conducted in 2024. The Committee notes the Government’s indication that inspections are conducted randomly and that there are no statistics on the number of workplaces liable to inspection, but that workplaces are grouped into different categories. The Committee also notes that the Government indicates once again that only one inspector has been extensively trained on occupational safety and health (OSH). The Committee requests the Government to provide information on the measures taken to ensure that there is a sufficient number of labour inspectors for the effective discharge of the duties of the inspectorate. In addition, the Committee requests the Government to continue to provide statistical information on labour inspection, including the number of visits undertaken and the outcome of these inspections.

Article 5(a). Cooperation between the labour inspection services and other government services. The Committee notes the Government’s indication that no measures have been taken to develop cooperation between the labour inspectorate and the Ministry of Health. In addition, the Committee notes that the Government indicates that the Labour Department collaborates with other agencies which conduct frequent workplace inspections to limit the number of unplanned visits. The Government also indicates that a common-use form was developed, which allowed for information relevant to all agencies to be captured by all members of a task force. The Committee notes the Government’s statement that this strategy was necessary due to the limited number of labour inspectors. The Committee requests the Government to continue to provide detailed information on the cooperation developed with other government agencies engaged in similar activities, including the content and modalities of the common-use form and the taskforces.

Articles 6 and 7. Status and conditions of service. Qualifications of labour inspectors. Following its previous comments, the Committee notes the Government’s indication that there continues to be two categories of labour inspectors: established inspectors whose remuneration is paid in accordance with the public service wage scales, and non-established inspectors. Noting the absence of information in reply to its previous request, the Committee once again requests the Government to provide information on the recruitment (including required qualifications and competencies), status, and conditions of service of both established and non-established labour inspectors. In addition, the Committee once again urges the Government to provide information on any measures taken or envisaged to review and upgrade the status of labour inspectors. Lastly, the Committee once again requests the Government to provide information on the training provided to labour inspectors, including the subjects covered and the number of participants.

Articles 5(a), 17 and 18. Legal proceedings and penalties. Cooperation between the labour inspectorate and the justice system. The Committee notes the Government’s indication that the Office of the Director of Public Prosecutions (DPP) is now tasked with the prosecution of all labour law matters, but that the legislation empowering the DPP solely mentions a few areas of prosecution under the Labour Code. In addition, the Committee notes that, according to the Government’s report, no violations were found and no penalties were imposed in 2024. The Committee requests the Government to provide information on the measures taken to ensure that persons who violate or neglect to observe legal provisions enforceable by labour inspectors are liable to prompt legal proceedings and that the penalties set out in the Labour Code are effectively enforced. It also requests the Government to provide information on the number of warnings issued by labour inspectors as well as the number of prosecutions initiated and their outcome.

Articles 20 and 21. Publication and communication to the ILO of annual labour inspection reports. Following its previous comments, the Committee notes the statistical information provided by the Government, including the number of inspection visits undertaken, violations detected, penalties imposed and of industrial accidents and occupational diseases. The Committee also notes that the Government’s report contains no new information on measures taken towards publishing an annual labour inspection report and making labour inspection statistics publicly available. Therefore, the Committee once again requests the Government to ensure that annual labour inspection reports containing full information on the activities of the labour inspection services as required under Article 21(b)–(g), are published and transmitted to the ILO in accordance with Article 20. It requests the Government to provide information on measures taken in this respect, and, pending the publication of the annual report, to continue to transmit available statistical information.

Labour administration

Articles 1 and 4 of Convention No. 150. Effective operation of a system of labour administration. In response to its previous comments, the Committee notes the Government’s indication that there is currently no information available on this matter. In this context, the Committee once again requests the Government to provide information on any measures taken to ensure the effective operation of the labour administration system. It also once again requests the Government to provide information on any measures taken to facilitate coordination within the labour administration system.

Article 5. Consultation, cooperation and negotiation between the public authorities and employers’ and workers’ organizations. The Committee notes that, in its report, the Government refers to section B7(2) of the Labour Code which stipulates that the National Labour Board shall meet in plenary session at least once per year and at other times. It also notes the Government’s indication that: (i) the National Labour Board meets on a weekly basis; (ii) a comprehensive review of the Labour Code and ILO reporting obligations are the usual matters addressed in these meetings; and (iii) a new Minimum Wage Advisory Committee is being constituted. The Committee requests the Government to continue to provide information on the National Labour Board and the outcomes of its meeting as well as on the establishment of the Minimum Wage Advisory Committee.

Article 10. Human resources and material means necessary for the operation of the labour administration system. In response to its previous comments, the Committee notes the Government’s indication that there is currently no information available on the measures taken to ensure that the material means and financial resources allocated to the labour administration system are sufficient for the effective exercise of its functions. In addition, the Committee notes that the Government’s indication that (i) the labour administration staff is recruited using the requirements outlined by the Public Service Commission; (ii) training is provided to new hires; and (iii) requests are sometimes made for specialized training from the ILO. In this context, the Committee once again requests the Government to provide information on measures taken to ensure that the material means and financial resources allocated to the labour administration system are sufficient for the effective exercise of its functions. It also requests the Government to provide information on the measures taken to ensure that training is provided to labour administration staff during the entire course of their service.