Labour Inspection Convention, 1947 (No. 81) - Jordan (RATIFICATION: 1969)

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A Government representative expressed his agreement with the comments of the Committee of Experts in relation to the Convention, and indicated that his Government would give full attention to those comments and send a reply as soon as possible. He indicated that his country was going through a process of democratisation; the Parliament now represented all political formations and tendencies. The Government was in the process of taking legislative measures in consultation with the social partners, the workers and the employers.

In relation to labour inspection, the amendments would be made as either part of a general reform of the Code or through ad hoc changes. As regarded the failure to supplies copies of the reports to the representative employers' and workers' organisations, he stated that, contrary to what had occurred in the past, this had been done. In addition, he gave the undertaking that, in the future, the reports and copies of texts would be sent on time.

The Employers' members expressed their disappointment not so much at the brevity of the Government representative's statement, but rather at its contents. There was no substantive reply to the comments of the Committee of Experts. The report of the Committee of Experts stated that on the basis of earlier comments reference had been made to draft legislation, and specifically to a new draft Labour Code, but that there was no further information about this. Consequently it was not known to what extent this new Labour Code was going to be in conformity with the Convention and nothing had been said about when this draft was to be adopted. There were three points on which the legislation was not in conformity with the Convention: first inspectors should be allowed free access to the workplace. Secondly, there was the question of taking samples for the purpose of analysis of materials and substances handled; apparently this was not guaranteed by the current legislation and the law needed to be amended for that purpose. It was necessary that texts ensured the implementation of Article 13 of the Convention which concerned the possibility of closing down workplaces where workers were exposed to danger. The Employers' members considered that this was something not only for the administrative governor to be empowered to do; labour inspectors shall also be authorised to take such steps in urgent cases. Thirdly, there was a need for notification of industrial accidents and the registration of such accidents. They regretted that no substantive information had been given on any of these three points and therefore asked the Government representative once again whether he could inform this Committee about the information referred to in earlier reports concerning the Government's plans to revise the legislation, and whether any kind of time frame could be suggested for the above-mentioned revision.

The Workers' members endorsed the remarks made by the Employers' members. This was a very important Convention because it established the conditions under which people worked, their health and their safety. Consequently there was a need for clarification with regard to the points listed in the Committee of Experts' report and which had been referred to by the Employers' members. They wanted to have the Government representatives' comments on whether his Government was going to modify these three points in the context of the revision of the labour law which was under way. The Government representative had said that there could also be ad hoc changes. It was not clear whether by ad hoc changes, he meant, modifications that could be adopted more quickly. In addition the Government representative had said that copies of the texts would be made available, but it was not clear which texts were meant. The Workers' members wondered whether they contained modifications to the law as requested by the Committee of Experts, or whether they were copies of the whole of the new labour law. If they were texts which dealt precisely with the points raised by the Committee of Experts, then this Committee would of course welcome their receipt, and the Committee of Experts could examine them to establish whether these texts did in fact bring the law into conformity with the provisions of the Convention. They hoped this point could be clarified.

The Government representative recalled that his Government was in the process of examining the promulgation of a new Labour Code, and priority was being given to this. A new Labour Code implied that there would be changes to the laws and regulations so as to bring them into conformity with the relevant Conventions, and so as to take into account the comments of the Committee of Experts. When he spoke about copies, he was referring to replies to observations of the Committee of Experts sent to the Labour Ministry in Jordan.

The Workers' members repeated that it was still not clear when the new Labour Code would come into effect. They wondered whether the Government representative would be able to give an answer to this question.

The Government representative repeated that this draft Code was receiving priority, which meant that it would be one of the first Codes to be submitted to Parliament during its next session. This, however, involved all three branches of Government: the legislature, the Council of Ministers and His Majesty the King. Consequently, it was not possible to give an exact date but since it was receiving priority attention the draft Labour Code should soon be enacted and applied.

A Government member of Saudi Arabia drew attention to the fact that the Government representative of Jordan was participating for the first time in the work of this Committee, and that he did not have any more extensive information. He pointed out that the Government representative had expressed the concern of his Government to amend its national legislation so as to bring it into conformity with the provisions of the Convention. There was no point in asking him to furnish any more precise information as he probably did not have any.

A Government member of the Syrian Arab Republic also felt that it was not necessary to address any more questions to the Government representative of Jordan.

The Workers' members stated that they simply wanted to have the best possible information on the subject under discussion.

The Committee noted the explanations given by the Government representative, indicating that priority had been given to the new Labour Code. It hoped that, in view of this priority, the Government would be in a position to inform the competent bodies of the ILO of changes in the national legislation before the next session of this Committee.

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Reforms affecting the labour inspection system. Legislation. The Committee notes the Government’s statement in its report regarding the necessity to amend occupational safety and health (OSH) regulations, particularly in light of continuous industrial developments and changes in the labour market. The Government indicates in this regard that the Ministry of Labour is in the process of formulating and adopting OSH regulations and instructions. According to information from the ILO Decent Work Team for Arab States, other amendment processes are also ongoing. In addition, the Committee notes that, as envisaged under the Decent Work Country Programme 2018–22 for Jordan (DWCP 2018–22), the Government is receiving technical assistance from the Office, to move from a typical enforcement model to a strategic compliance model that is proactive and evidence-based. The Committee requests the Government to provide further detailed information on the progress and impact of any reforms affecting the functioning of the labour inspection system, including on any piece of legislation adopted in this context. The Committee also requests the Government to provide up-to-date information on the legislative framework governing the functioning of the labour inspectorate and the powers of labour inspectors, and to provide a copy of the applicable legislation once reforms have been completed.

Articles 7, 10 and 11 of the Convention. Training for labour inspectors and human and material resources of the labour inspectorate. The Committee previously requested information on the training provided to labour inspectors. In this regard, the Committee notes the Government’s indication that measures taken to encourage labour inspection include aligning the skills of labour inspectors with the realities of the labour market, and holding local and regional training courses. In this respect, the Committee notes that, in 2020, 107 labour inspectors underwent training sessions conducted by Better Work Jordan on a range of topics. In addition, the Committee notes that a number of labour inspectors underwent training on the ILO approach to strategic compliance model planning in 2018. In response to the Committee’s comments on the material resources and transport facilities available to inspectors, the Government also indicates that an online inspection system has been set up, and that every inspector has an office with computer access, as well as means of transportation to the inspection sites. The Committee observes that, according to the DWCP 2018–22 for Jordan, the overall number of labour and OSH inspectors decreased from 256 in 2016 to just over 200 in 2018. The Government, for its part, indicates that in 2017 the overall number of labour and OSH inspectors was 199, and states that the key to enhancing inspection is through significantly increasing the number of inspectors. The Committee encourages the Government to pursue its efforts towards strategic planning and ensuring that the labour inspectorate has the human resources necessary for the effective performance of its duties. It requests the Government to provide information on the specific measures taken for the recruitment of new labour inspectors, and to continue to provide detailed information on the material resources provided to labour inspectors.

Articles 20 and 21. Annual labour inspection reports. The Committee notes that the annual report on the activities of the labour inspectorate has not been communicated. The Committee encourages the Government to take the necessary measures to ensure that annual labour inspection reports are published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.

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Articles 1 and 2 of the Convention. Supervision of working conditions and protection of workers in special economic zones (SEZs). The Committee previously noted that various deficits had been identified in a joint migration and labour inspection audit of the Aqaba Special Economic Zone Authority (ASEZA), and that technical assistance was being implemented in Jordan to improve coordination between labour inspectors inside and outside of the Aqaba SEZ. In the absence of up-to-date information from the Government on this issue, the Committee once again requests the Government to provide detailed information on labour inspection activities undertaken in the SEZs. It requests the Government to include information on the relationship between the ASEZA and the Ministry of Labour, as well as on the number of inspectors assigned to the SEZs, the number of inspections carried out, the number and nature of violations detected, and the sanctions imposed for all such violations.

Article 3(1)(a) and (2). Duties entrusted to labour inspectors in relation to conciliation and the enforcement of immigration law. Following its previous comments on the enforcement of immigration law by labour inspectors, the Committee notes that, according to 2019 statistics provided in the Government’s report regarding inspections, 6,989 decisions of repatriation were issued against migrant workers, and in 1,331 cases, the repatriation of a worker was cancelled by paying a fine. The Committee further notes that the inspectorate detected 3,407 infringements related to section 12 of the Labour Code, addressed to work permits for non-Jordanian workers. The 2019 statistics indicate 250 employer infractions for child labour; there is no data on employer infractions of wage provisions. In addition, the Committee notes the Government’s indication that the functions of labour inspectors include conciliation and settlement in the case of labour disputes.

The Committee recalls that, as indicated in its 2006 General Survey, Labour inspection, paragraph 78, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. It also recalls that, pursuant to Article 3(2) of the Convention, any further duties entrusted to labour inspectors, including enforcement of immigration law and conciliation of labour disputes, shall not be such as to interfere with the effective discharge of labour inspectors’ 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 urges the Government to take the necessary measures to ensure that any additional duties entrusted to labour inspectors do not interfere with the effective discharge of their primary duties. Furthermore, in the absence of such information, the Committee once again requests the Government to indicate the actions undertaken by the labour inspectorate in the enforcement of employers’ obligations towards migrant workers, such as the payment of wages and other benefits, including for workers in an irregular situation and workers liable to deportation or who have already been deported.

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

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Articles 1 and 2 of the Convention. 1. Labour inspection strategy. The Committee notes with interest the adoption of the Labour Inspection Strategy in 2012, aimed at strengthening and developing the labour inspection system. The goals of the strategy include optimizing the use of inspection resources and expanding the coverage of labour inspection services to reach the largest possible number of workplaces. The Committee asks that the Government provide information on the implementation of the Labour Inspection Strategy, including specific measures taken pursuant to this Strategy as well as the impact of these measures.

2. Supervision of working conditions and protection of workers in special economic zones. The Committee notes the information provided by the Government concerning certain inspection activities undertaken in the special economic zones in the country (qualified industrial zones). It also notes that, as part of the Decent Work Country Programme (DWCP) for 2012–15, the ILO is working with the Government to promote better conditions in these zones. According to the information in the Programme document, the ILO conducted a joint migration and labour inspection audit of the Aqaba Special Economic Zone Authority in May 2011, which identified various deficits including in the area of recruitment and training of labour inspectors and labour inspection services. The Committee further notes that a technical assistance project is being implemented in Jordan which, among other goals, aims to enhance the coordination between labour inspectors inside and outside of the Aqaba Special Economic Zone. The Committee asks that the Government provide further information on labour inspection activities in the special economic zones, including the relationship between the inspectorate in these zones and the central inspection authority, as well as the number of inspectors assigned to these zones, the number of inspections carried out, as well as the number of infringements detected and the legal provisions to which they relate.

Article 3(1)(a) and (2). Duties entrusted to labour inspectors in relation to the enforcement of immigration law. The Committee notes the information in the Government’s report that in 2013, the activities of the labour inspectorate included the arrest of 23,254 migrant workers and the repatriation of 2,657 such workers. With reference to paragraphs 76–78 of its 2006 General Survey on labour inspection, the Committee wishes to emphasize that the primary duty of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers, and not to enforce immigration law. Additional duties should be assigned to labour inspectors only in so far as they do not interfere with their primary duties and do not prejudice in any way the authority and impartiality which are necessary for inspectors in their relations with employers and workers. The function of verifying the legality of employment should have as its corollary the reinstatement of statutory rights of all the workers if it is to be compatible with the objective of labour inspection. The Committee asks that the Government take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, additional duties entrusted to labour inspectors do not interfere with the performance of their primary duties. The Committee also asks that the Government provide information on action undertaken by the labour inspectorate in the enforcement of employers’ obligations towards migrant workers, including those in an irregular situation, such as the payment of wages and other benefits, including for workers liable to deportation or who have already been deported.

Articles 7, 10 and 11. Training for labour inspectors and human and material resources of the labour inspectorate. The Committee notes the statement in the 2012 Labour Inspection Strategy that the labour inspection system suffers from a lack of human and material resources, including a lack of vehicles for use by labour inspectors. The DWCP of 2012–15 indicates that despite enhancements in inspection capacity, further work is needed to strengthen the resources and capacity of the labour inspectorate. In this regard, the Committee notes the Government’s statement that it pays great attention to developing and raising the capacity of inspectors through courses and workshops. One of the main elements of the 2012 Strategy relates to training for inspectors, including the establishment of a training centre. The Committee further notes that a training session was carried out in 2013, in collaboration with the ILO, for labour inspectors from both the Ministry of Labour and the Aqaba Special Economic Zone Authority. The Committee asks that the Government provide further information on the training provided to labour inspectors, including the frequency and duration of this training, the subjects covered and the number of participants, as well as developments relating to the establishment of a training centre. It also asks that the Government provide information on the steps taken or envisaged to ensure that the labour inspectorate is provided with the material resources and transport facilities necessary for the effective performance of their duties.

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With reference to its previous comments whereby it welcomed a number of positive actions to strengthen the functioning of the labour inspection system, the Committee notes from the Government’s report received in August 2010, information on the progress made in the areas mentioned as well as on further developments in other issues.

Articles 17 and 18 of the Convention. Application of sanctions and incentives in order to ensure the application of the legal provisions covered. The Committee notes with satisfaction that, along with the strengthening of legal proceedings against employers in breach of legal provisions relating to the matters covered by the Convention, blacklists are now published and the enterprises concerned are refused bank guarantees, while undertakings which offer better conditions of work and services to their employees are included in a golden list which helps them obtain bank guarantees. According to the Government, such measures contribute in a significant manner to improvement of migrant workers’ conditions of work.

Articles 5(a) and 21(c). Establishment of a register of workplaces in cooperation with other public bodies. With reference to its 2009 General Survey, the Committee notes with interest  the establishment of a comprehensive computerized database of all undertakings liable to inspection. It further notes that a comprehensive survey is currently being undertaken of all undertakings in the Kingdom in collaboration with the Public Statistics Agency and the Social Security Agency.

Cooperation with other public bodies and institutions to improve the conditions and terms of employment. The Committee notes the participation of the labour inspectorate in a number of committees such as: the Quadripartite Technical Committee on health, social security, and vocational training; a Committee on the Prevention of Industrial Risks (Amman secretariat for industry, trade, health); the Tourism Committee (inspection of industrial undertakings) and with, among others, the Ministries of Interior and Tourism; the Public Agency for Food, Medicine, and Health; the Joint Security Committee for the inspection of migrant labour with the Ministry of Labour and Public Security; and a National Committee for the Establishment of a Child Labour Framework (with health, education and social development authorities; the International Housing Foundation; and the National Council for Family Affairs).

Cooperation with the justice system. The Committee notes with interest that cooperation established between the labour inspectorate and the judicial bodies through following up on procedures and sentences handed down with respect to undertakings found in violation is also under way with guidance provided by the decisions of the court of cassation with respect to the interpretation of some legal texts. The Government also indicates that the labour inspectorate is requested by the courts to collaborate by proposing an estimate of compensation for occupational accidents in addition to giving testimony with respect to objections raised against the citations initiated by labour inspectors.

Articles 7, 9 and 10 of the Convention. Strengthening of the resources of the labour inspectorate. During 2008–09, the number of labour inspectors has been increased by 75, including 30 specializing in occupational safety and health, while others are lawyers and engineers, which brings their total number to 139 distributed across all regions of the Kingdom. The number of executive staff and support also increased through hiring of computer data clerks and drivers.

A special centre was set up aimed to train and to develop labour inspectors’ skills through holding specialized courses in the area of their work, and information on the experiences of other countries in certain areas of labour inspection such as child labour, human trafficking and occupational safety and health standards. The Government mentions several courses on different issues (more than 100 inspectors were trained on handling cases of child labour; 90 inspectors were trained on identifying the manner of handling cases involving victims of trafficking; several courses were held on training inspectors on inspection of working conditions, and the manner of maintaining legal texts, and their application on the ground; courses on international Conventions ratified and computer and English language courses).

Moreover, a special methodology for inspection was adopted by formulating a working manual and operational procedures for the inspection process on which inspectors were trained, including on the manner of using the special forms annexed to the manual. These forms are available to labour inspectors through electronic equipment.

Article 16. Effectiveness of inspection visits in particular areas. The Committee notes that repeated visits are carried out in workplaces and accommodation quarters of migrant workers during periodic visits at daytime, and even at night to verify the observance of the working conditions of women. The Committee would be grateful if the Government would continue providing information on any development in the functioning of the labour inspection system and, in particular, the impact in the field of the abovementioned measures in terms of respect of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, including migrant workers.

While noting with interest the communication of the annual report on the labour inspection activities for 2009, the Committee would be grateful if the Government would ensure that such a report is published in the future and that the information and data it contains are broken down, in so far as possible, in the manner indicated in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81).

Part IV of the report form of the Convention. The Committee notes the indication by the Government of difficulties in the application of the Convention of a financial and logistical nature as well as the numbers and qualifications of the labour inspection and support staff. The Committee understands that the Government envisages the strengthening of logistics and material support and provision of rehabilitation programmes and courses in order to raise the capacities of inspectors. It also calls on projects to support inspection staff with the ILO and international organizations competent for labour inspection. The Committee strongly encourages the Government to undertake measures to these ends and asks it to keep the ILO informed on any progress achieved.

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The Committee notes the Government’s report replying both to the comments addressed to it individually and to the general observation of 2007. It also notes with interest the detailed information on the work of the Directorate of Labour and Occupational Safety and Health Inspection for the years 2006 and 2007 and the Order of 2002 on compulsory employers’ records adopted under section 8 of Act No. 8 of 1996 issuing the Labour Code, as amended, and Regulation No. 56 of 1996 on labour inspectors, as amended.

Increasing the resources of the labour inspectorate in order to improve its functioning. Noting from a report of March 2007 by the Ministry of Labour that its financial resources have been on the increase since 2006, with a rise of 40 per cent anticipated for 2008, the Committee notes with satisfaction that the resources allocated to labour inspection were increased by 13 per cent in 2006 and 23 per cent in 2007.

It notes with interest from the same report that the ILO pilot project “Forced Labour and Trafficking” targeting the qualified industrial zones was to be carried out between March 2007 and March 2008 and that its aim was to raise awareness among all stakeholders (inspectors, police officials, magistrates, employers, workers, non-governmental organizations, etc.) of these problems and develop instruction handbooks to help resolve them.

The Committee also notes with interest the significant progress made in applying the Convention, as reflected in the above reports on the work of the Directorate of Labour and Occupational Safety and Health Inspection with regard to the following points.

Article 5(a) of the Convention. Cooperation between the labour inspection services and other public institutions. The Committee notes that in 2006 and 2007, the Directorate of Labour and Occupational Safety and Health Inspection engaged in effective cooperation with other departments at the national level: in the Quadripartite Technical Committee with the Ministry of Health, the Institute for Occupational Safety and Health Training and the National Social Security Institute; and in the Committee on the Prevention of Industrial Risks with the Ministry of Industry and Trade and other parties responsible, inter alia, for environmental issues.

The Committee also notes that pursuant to Regulation No. 7 of 1998 on the establishment of occupational safety and health committees and the designation of supervisors, qualified technical experts have been appointed in private sector enterprises and occupational safety and health committees have been set up in 34 enterprises.

In 2005, the third edition of Occupational Safety and Health Week was held with support from various enterprises and public and private institutions, including the Jordan Press Foundation. In the course of this event, 12 workshops were organized at various sites, attended by about 1,000 participants, and a brochure, a prospectus and other types of information materials were published. Furthermore, inspection forms were devised and distributed for use by inspectors in large and small enterprises and in the qualified industrial zones, where the workforce is largely composed of women. The Committee notes with particular interest that a special programme to computerize inspection reports has been prepared in cooperation with the Ministry’s information service and hopes that this will lead rapidly to the production of periodic reports and an annual report by the central inspection authority. The Committee also notes that foreign workers wishing to return to their countries of origin have received the necessary assistance to recover their entitlements upon their return. After 2006, earmarked by the Ministry as a year of priority for labour inspection, in cooperation with other public and private bodies and institutions, an Occupational Safety and Health Week was organized from 3 to 7 July 2007, with support from the Corporation for Reconstruction and other public and private institutions and, once again, the Press Foundation. Three other campaigns targeting violations of the legislation on the employment of immigrant workers were launched with cooperation from the Ministry of the Interior as a result of which provisional residence papers were issued to 5,000 illegal foreign workers and fines for breaches of residence laws that had been imposed on illegal foreign workers occupied in the qualified industrial zones were cancelled. Furthermore, workers employed in offending enterprises or enterprises ordered to close benefited from transfers to other enterprises that were in compliance with the law. The Government indicates in this connection that a new central inspection team has been established specializing in the supervision of workplaces and that it will be responsible for placing enterprises on a gold list or a blacklist based on their observance of the law.

Specific cooperation with judicial bodies. The Committee is grateful to the Government for having taken account of its invitation in the general observation of 2007 to take steps to encourage effective cooperation between the labour inspectorate and the judicial system aimed at attaining the objectives of the Convention. It notes in this connection that the Government is contemplating sending a letter to the courts asking them to send to the labour inspection department excerpts from decisions and judgements in cases of the breach of labour legislation so that the labour inspectorate can verify that the measures it has taken are effective and lawful, and that it envisages establishing an electronic system for communication with the judiciary.

Articles 13, 16, 17, 18, 19, 20 and 21. Work of the labour inspectorate and results. Content and publication of an annual inspection report. The Committee notes that a number of inspection campaigns were organized in 2007 in the qualified industrial zones, covering not only occupational safety and health but also general conditions of work. Numerous instances of abuses against workers were accordingly remedied and proceedings brought against the offending employers.

The year 2006, designated the Year of Labour Inspection, saw a significant increase in the volume and quality of inspection visits: 101,190 workplaces were inspected, the inspectorate was called on to provide advice and guidance in 25,630 instances, to issue 1,544 enforcement notices and to impose 10,639 fines. In 2007, labour inspectors carried out 69,869 inspections of workplaces, provided advice and opinions in 20,693 cases, issued 917 enforcement notices and imposed 6,216 fines.

Articles 6, 7, 9 and 10. Increasing the numbers and improving the qualifications of labour inspection staff. Pursuant to Regulation No. 42 of 1998 on prevention and medical care for workers, 26 doctors and 60 nurses specializing in occupational health were appointed to enterprises. The report on activities for 2006 indicates that a number of inspectors participated in inspection tours carried out by a team from the United States responsible for reporting on the situation prevailing in the industrial zones, and that occupational safety and health inspectors received specialized training at the ILO International Training Centre in Turin. The Committee notes with interest in this connection that a national occupational safety and health profile containing exhaustive information on all the aspects, laws, obstacles and objectives of occupational health in Jordan has been compiled in cooperation with the Turin Centre. According to the Government, this is the first national profile ever compiled and it will be the cornerstone for the development and investment of efforts deployed to this end in the country. In the course of 2007, some 20 inspectors received specialized training at the Turin Centre in several workshops were organized in cooperation with public and private institutions and with civil society bodies, and the Human Rights Centre cooperated in organizing three regional workshops (north, centre and south) for all inspectors in the country. Furthermore, measures were undertaken to improve the quality of inspection work pertaining to working conditions, including training courses for all inspectors on the principles of inspection and international labour standards and an evaluation of the qualifications of all inspectors enabling them to be classified into three categories. Furthermore, three training sessions were organized for 61 specialists and technical experts to provide them with further training in occupational safety and health.

Article 15(c). Confidentiality of the source of complaints. Action directed to foreign workers. The Committee notes with satisfaction that the Ministry has set up a free call-in telephone service for foreign workers, who may submit complaints – in various languages such as Hindi, Bengali, Sri Lankan, Filipino, Chinese and Indonesian – about improper living and working conditions (accommodation, overtime pay, minimum wages, wage arrears, ill treatment and passport confiscation). In the course of 2006, 141 individual and collective complaints were received involving over 2,000 workers, many of whom were employed in the industrial zones. According to the information provided, 75 of these complaints were resolved through the joint efforts of the Ministry of Labour and other relevant ministries. According to the 2007 report, 755 individual complaints and 56 collective complaints concerned workers in the qualified industrial zones in particular and 90 per cent of these were settled in cooperation with other competent ministries.

The Committee remains attentive to the substantial progress – either achieved or under way – in reinforcing the strength of the inspection system through a quantitative and qualitative increase in human resources and also through the cooperation efforts of the various public and private actors involved in the operation of the system, and the results achieved. It would be grateful if the Government would provide information on all developments occurring during the period covered by the next report on the application of the Convention, and particularly on the work of the inspectorate, including its volume and results, and measures to encourage cooperation between the labour inspectorate and the judicial system.

The Committee also asks the Government to provide details of the results of the measures undertaken by the inspectorate to target breaches of the legal provisions on conditions of work and the protection of foreign workers while engaged in their work.

Lastly, the Committee expresses the firm hope that as a result of the many projects for international or bilateral cooperation now under way, an annual inspection report containing information on each of the subjects listed in Article 21 of the Convention and presented as far as possible in accordance with the guidance given in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), will be published shortly and that a copy will be sent to the ILO.

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Legislation. Since the Government’s report received at the ILO in May 2007 does not reply to the Committee’s previous comments, by a letter of 20 July 2007 the ILO drew the Government’s attention to the request it had made, namely to provide an official copy of the Regulations on the Labour Inspectorate as amended (Official Gazette No. 4581 of 16 January 2003) and of the Order on registers to be kept by employers (Official Gazette No. 4568 of 16 October 2002).

The Committee notes that, by electronic mail of 20 August 2007, the Government announced that it was sending these two texts. It points out, however, that the Regulations on the Labour Inspectorate were the original regulations of 1996, and that both texts were incomplete. Consequently, the Committee is still not in a position to assess the extent to which improvements have been made to the legislation giving effect to the Convention. The Government is accordingly asked to provide both texts in full as soon as possible.

Articles 20 and 21 of the Convention. Annual labour inspection report. The Committee reminds the Government of the Convention’s requirements as to the form and content of the annual inspection report, and trusts that it will not fail to ensure that these are put into effect and to keep the ILO informed of any difficulties encountered in this respect since it last sent an annual report for 2000.

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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 with interest the information and legal provisions recently adopted to give further effect to Article 6 of the Convention by measures aiming at improving the motivation of labour inspection staff and to Article 12, by ordering registers to be kept by employers and submitted on request to labour inspectors, and which contain data on workers, training, injuries, wages and overtime pay. The Committee asks the Government to send an official copy of the said provisions, namely: (1) the Regulations on the labour inspectorate as amended (Official Gazette No. 4581 dated 16 January 2003); and (2) the Order on registers to be kept by employers (Official Gazette No. 4568 dated 16 October 2002).

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The Committee notes with interest the information and legal provisions recently adopted to give further effect to Article 6 of the Convention by measures aiming at improving the motivation of labour inspection staff and to Article 12, by ordering registers to be kept by employers and submitted on request to labour inspectors, and which contain data on workers, training, injuries, wages and overtime pay. The Committee asks the Government to send an official copy of the said provisions, namely: (1) the Regulations on the labour inspectorate as amended (Official Gazette No. 4581 dated 16 January 2003); and (2) the Order on registers to be kept by employers (Official Gazette No. 4568 dated 16 October 2002).

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With reference also to its observation, the Committee draws the Government's attention to the following points:

Elaboration and publication of annual inspection reports. The Committee notes that the annual inspection report provided for under Article 20 of the Convention has not been sent. The need to give full application to all provisions of Article 20 is developed in paragraphs 272-281 of its 1985 General Survey by the Committee of Experts on labour inspection. It hopes that the Government will refer to this publication and will take appropriate measures for the elaboration and publication of annual labour inspection reports answering both in form and substance to the provisions of the Convention.

Free entry of labour inspectors in workplaces liable to inspection. Noting the information that inspectors have freedom of access to workplaces during the working hours of the workplaces liable to inspection, the Committee wishes to stress that freedom of access, as provided by Article 12, paragraphs 1(a) and (b), must not be restricted to the working hours of the workplaces liable to inspection. To be effective, inspection visits must have an unexpected character and thus be likely to occur, possibly, during periods when the establishments are supposed to be inactive, so that inspectors may carry out inspections in respect of hours of illegal work or undeclared workers or as regards the safety of machines and installations, the defects of which may only be observed when such machines and installations are not in operation. Therefore, for a correct application of the provisions cited above, it is important that the Government should take measures to guarantee the extension of freedom of access of labour inspectors to workplaces liable to inspection beyond the hours of work of such workplaces.

Statistics of workplaces liable to inspection. The Committee stresses that if a clear appreciation of statistics of inspection visits is to be gained, it is also necessary to have statistics of all workplaces liable to inspection and the number of workers employed therein (Article 20(c)). The Committee therefore requests the Government to take the measures necessary so that this information will be included in subsequent annual inspection reports.

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Further to its previous observation, the Committee notes the detailed information supplied in the Government's report as well as the texts of regulations and documents annexed thereto. It notes with particular satisfaction the adoption, within a reasonable time, of the texts implementing the Labour Code of 1996 in respect of occupational safety and health, that is: regulation No. 43 of 1998 on prevention and safety regarding industrial equipment, machinery and workplaces; regulation No. 7 of 1998 on the composition of occupational health and safety committees and supervisors and the directives applicable in the sectors concerned; the regulations concerning preventive and therapeutic medical care for workers employed in certain enterprises; the directives related to the protection of workers and establishments against hazards of the working environment; the Minister of Labour's decision on first-aid material and equipment for workers employed in establishments; the Minister of Labour's decision on training and places of training for those responsible for monitoring occupational safety and health. The Committee hopes that the Government will not fail to transmit information regularly on the effect of the implementation of these new texts on the activities of the labour inspection services.

The Committee also notes with satisfaction the information on the women employed in the labour inspection services and hopes that the proportion of women will increase, to give full effect to Article 8 of the Convention.

The Committee is also addressing a request regarding certain points directly to the Government.

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With reference also to its observation under the Convention and further to its previous comment, the Committee notes the information provided by the Government in its reports.

Articles 13, 17 and 18 of the Convention. Further to its previous observation, the Committee notes that, where there is a threat to the health or safety of the workers within the meaning of Article 13 of the Convention, the Minister of Labour can, under the terms of section 84 of the Labour Code, order the closure or total or partial suspension of work at an establishment where an infraction is noted until such time as the infraction is remedied, if the employer, having been given prior warning, fails to takes steps within the prescribed time limits to remedy the infraction. Proceedings against the person responsible for the infraction are initiated by the Minister of Labour and the penalty is a fine, the minimum and maximum amounts of which are fixed by the same section of the Labour Code. The Committee also notes that, under section 9, labour inspectors may, in circumstances other than those provided for in Article 13, apply to the Minister of Labour for an order to close the establishment if the employer fails to remedy the violation within a set period. The offender is ordered by a court to end the violation and fined. Lastly, section 133 of the Code also provides for fines in the case of violations of certain of its provisions and section 139 provides for fines for any violation of the Code or any regulations issued thereunder for which no fine has been set.

The aforementioned provisions of the Labour Code are not clear with regard to the respective roles of the authorities empowered to act on behalf of the Minister of Labour which, under the terms of section 3(a) of Regulations No. 56 of 1996, should come under the supervisory responsibilities of the labour inspectors, as the Government indicates in referring in this context to section 9 of the Code. The Committee points out that it is vitally important for the application of these fundamental provisions of the Convention that the authority of labour inspectors to carry out their mandate of monitoring the application of legislation must be expressly established in the texts which form the legal basis of their activities. The Committee would also point out that it may be useful to draw a distinction between measures which inspectors may be called on to take with a view to remedying situations that may constitute a threat to the health or safety of workers (Article 13) and measures taken to record and punish violations (Articles 17 and 18). In this regard, the Committee draws the Government's attention to its 1985 General Survey on labour inspection (paragraphs 179 to 185, concerning the powers of injunction of inspectors, and paragraphs 253 to 267, concerning proceedings and penalties). The Committee hopes that the Government has taken the necessary measures to adopt implementing regulations for the above provisions of the Labour Code and Regulations No. 56 of 1996, and that it will provide copies for the ILO in the near future.

Article 10. The Government indicates in its report that labour inspectors are provided with offices in the labour inspection directorate and that these offices are suitably equipped and easily accessible to all persons concerned. The Committee would be grateful if the Government would indicate whether these offices are made available to inspectors when needed, on a temporary basis, or whether they are permanently assigned to the inspectors.

Article 12, paragraph 1(a) and (b). The Committee notes that, in accordance with Article 16, workplaces are visited regularly and that the inspection visits are normally carried out at establishments where violations of legislation have been reported. The Committee also notes that section 5 of Regulations No. 56 of 1996 stipulates that inspection visits must be comprehensive. However, it follows both from the provisions of this text and from the information provided by the Government that, contrary to the Convention, the freedom of inspectors to enter establishments under their supervision is limited to working hours. The Committee draws the Government's attention to the fact that labour inspectors should be entitled to enter any workplace liable to inspection at any time of the day or night (subparagraph (a)), and should have the right to enter by day any premises which they may have reasonable cause to believe to be liable to inspection (subparagraph (b)). The Committee draws the Government's attention to its comments on this matter in its 1985 General Survey (paragraphs 167 and 168). The Committee requests the Government to take the necessary measures to give effect to these provisions of the Convention and to provide in its next report information on the measures taken or contemplated for this purpose.

Articles 14 and 21. The Committee notes with interest that the provisions of Chapter X of the Labour Code (obligations of employers in the event of industrial accidents and occupational illnesses) also apply to workers as defined in section 2 of the Code who are not covered by the social security system. Noting that section 9 of the Labour Code requires an employer to notify any cases of industrial accidents and occupational diseases, and referring to its previous observation in which it noted the absence in the annual inspection reports of statistics relating to occupational diseases (Article 21(g)), the Committee notes that, despite the title of Chapter X, its provisions concern industrial accidents only, not occupational diseases. The Committee also notes once again that statistics on occupational diseases are still not being communicated to the ILO. Referring again to its general observation of 1996, the Committee requests the Government to take the necessary measures to give effect to this provision of the Convention and to communicate to the Office the texts governing the procedure for the notification of occupational diseases as provided in section 9 of the Labour Code.

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With reference to its previous observation, the Committee notes with satisfaction that the Labour Code adopted by Act No. 8 of 1996 and the Labour Inspection Regulations No. 56 of 1996 give effect to a number of provisions of the Convention.

1. Adoption of legislation and regulations

Article 3 of the Convention. The Committee notes that Regulations No. 56 of 1996 specify that among the functions of the labour inspection system shall be those provided for in paragraph 1(a), (b) and (c) of this Article; that any other duties entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties; and that under section 7 of these Regulations, labour inspectors shall not be responsible for any tasks that are incompatible with their duties. In addition, under section 120 of the Labour Code, labour inspectors are now relieved of the task of conciliation in the event of collective labour disputes, this responsibility having been entrusted to specially appointed Ministry of Labour officials.

Article 5. The Committee notes that the cooperation and collaboration referred to in this Article are encouraged by section 79 of the Labour Code, which provides that the Minister, in consultation with the competent official bodies, shall prescribe the appropriate measures to ensure the prevention and protection of workers from occupational hazards and illnesses and to maintain a working environment that is conducive to the health and safety of workers; by section 83, which provides that employment in certain posts may be subject to a medical examination of the applicant to ensure that he or she is physically capable of doing the job; by section 85, according to which the Council of Ministers, at the recommendation of the Minister of Labour, can issue instructions to establish occupational safety and health committees, appoint supervisors for public and private establishments and define the powers and duties of these committees and supervisors (subparagraph (a)); and by section 3(c) of Regulations No. 56 of 1996 under which labour inspectors are responsible for encouraging cooperation between employers and their organizations, on the one hand, and workers and their organizations, on the other (subparagraph (b)).

Article 7, paragraphs 1 and 2. The Committee notes that, in accordance with these provisions, the qualifications required for the recruitment of labour inspectors are fixed by Regulations No. 56 of 1996.

Article 12, paragraph 2. The Committee notes that, under section 5(a) of Regulations No. 56 of 1996, the labour inspector is required to notify the employer or his representative of his presence when making an inspection visit, unless he believes that such notification may prevent him from carrying out his duties.

Article 14. Compulsory notification by employers of labour inspectors of any industrial accidents and cases of occupational diseases is provided by section 9 of Regulations No. 56 of 1996.

Article 15. The Committee notes that effect has been given to these provisions by section 6 of Regulations No. 56 of 1996.

2. Practical application of the Convention

The Committee notes with interest the detailed information on the efforts made to strengthen the labour inspection services and achieve a balanced distribution of labour inspection staff, and to provide continual training for labour inspectors (Articles 7, 10 and 11 of the Convention). The Committee also notes the annual activities reports of the labour inspection service published in the annual reports of the Ministry of Labour for 1993, 1994 and 1995 which provide information requested under Article 21(b), (c), (d), (e) and (f), as well as the information given in the annex to the Government's report of 1996. The Committee also notes the information provided in answer to the request contained in its previous observation on the geographical distribution of the labour inspectors and the proportion of women in the inspection service (Article 8). The Committee would be grateful if the Government would continue to provide such information to the ILO, in particular in the annual reports under Article 20.

A request regarding certain points is being addressed directly to the Government.

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Further to its previous comments, the Committee notes the information that the draft Labour Code would be submitted to the next session of the National Council, to be convened after the parliamentary elections in November 1993. It hopes the Government will provide full particulars on developments and that the Code, when adopted, will ensure amongst other things that:

(i) the power to make or have made orders with immediate executory force in the event of imminent danger is conferred directly on labour inspectors (Article 13 of the Convention); and

(ii) there is an obligation to notify the inspectorate of industrial accidents and occupational diseases (Article 14).

Articles 20 and 21. Further to its previous comments, the Committee notes that, while the annual inspection reports for the years 1988-91 have not been received, that for 1992 has reached the Office. It points out that the report for 1992 does not contain particulars of the staff of the labour inspection service including its geographic distribution within the country (Article 21(b)), and statistics of occupational diseases (Article 21(g)). The Committee wishes to underline the importance it attaches to the compilation, publication and transmission of such annual inspection reports in accordance with the requirements of Article 20, and containing all the information listed in Article 21.

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The Committee notes the Government's reply to its previous observation concerning Articles 12, 13 and 14 of the Convention, that the draft labour code which will deal with these matters is being considered by the Council of Ministers. It hopes the necessary measures will be taken very shortly, and that they will ensure amongst other things that:

(i) the power to make or have made orders with immediate executory force in the event of imminent danger is conferred directly on labour inspectors (Article 13); and

(ii) there is an obligation to notify the inspectorate of industrial accidents and occupational diseases (Article 14).

As regards Articles 20 and 21, the Committee hopes that inspection reports covering all the matters listed in the Convention will be published and transmitted within the time-limits laid down.

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Further to its previous observations, the Committee notes the discussion of this Convention in the Conference Committee in 1990: that Committee expressed the hope that the Government would be in a position to inform the ILO of changes in the national legislation before its next session.

The Committee notes that no information in this respect has been received by the ILO. It fully appreciates the efforts made by the Government and the difficulties experienced. Nevertheless, it would repeat its previous observation, which read as follows:

Article 12, paragraph 1(a), (b) and (c)(iv), of the Convention. The Committee regrets to note that no progress has yet been achieved in the adoption of the new draft Labour Code which, according to the Government's repeated assurances, should give effect to these provisions of the Convention (the right of inspectors to enter freely workplaces liable to inspection and to take or remove for the purposes of analysis samples of materials and substances used or handled). It trusts that the Government will not fail to take the necessary measures so that the draft Code giving effect to these provisions of the Convention is adopted in the very near future. Article 13. In reply to the Committee's previous comments, the Government states that by virtue of the powers with which he is entrusted, the administrative governor has the right to close workplaces in which workers are exposed to danger. The Committee hopes that the new Code will contain provisions giving inspectors the right to make or have made orders requiring all the necessary measures to safeguard the health and safety of workers. Article 14. The Committee notes that section 34 of the Labour Code which is currently in force provides for the notification of industrial accidents to the Department of Labour. It hopes that the new Code will also make it obligatory to give notification of occupational diseases.

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Article 12, paragraph 1(a), (b) and (c)(iv), of the Convention. With reference to its previous comments, the Committee regrets to note that no progress has yet been achieved in the adoption of the draft new Labour Code which, according to the Government's repeated assurances, should give effect to these provisions of the Convention (the right of inspectors to enter freely workplaces liable to inspection and to take or remove for the purposes of analysis samples of materials and substances used or handled). It trusts that the Government will not fail to take the necessary measures so that the draft Code giving effect to these provisions of the Convention is adopted in the very near future.

Article 13. In reply to the Committee's previous comments, the Government states that by virtue of the powers with which he is entrusted, the administrative governor has the right to close workplaces in which workers are exposed to danger. The Committee hopes that the new Code will contain provisions giving inspectors the right to make or have made orders requiring all the necessary measures to safeguard the health and safety of workers.

Article 14. The Committee notes that section 34 of the Labour Code which is currently in force provides for the notification of industrial accidents to the Department of Labour. It hopes that the new Code will also make it obligatory to give notification of occupational diseases. [The Government is asked to supply full particulars to the Conference at its 77th Session.]