Labour Inspection Convention, 1947 (No. 81) - Guyana (RATIFICATION: 1966)

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

Articles 3(1)(a) and (b), 5(a), 13, 17 and 18 of Convention No. 81 and Articles 6(1)(a) and (b), 12(1), 18, 22, 23 and 24 of Convention No.129. Enforcement and advisory functions of labour inspection. 1. Enforcement mechanisms and cooperation with the justice system. In reply to the Committee’s previous comment, the Government indicates that when employers are found to be in breach of any legal requirement, they are given a citation to remedy the infringement within a specific timeframe (from five to 14 days). A follow-up inspection takes place to ensure that the employer has complied with the citation. If the infringement is not remedied, legislation provides for prosecution. The Government indicates that the Ministry of Labour filed a total of 763 charges in 2021, with 70 per cent of the charges concerning two security companies and the remaining 30 per cent against twenty other employers. The Ministry has closed 47 cases in 2021 and the remaining matters are still before the courts.

In reply to the Committee’s previous comment on the extent of effective cooperation between the labour inspection services and the judicial authorities,the Government indicates that the officers of the Ministry of Labour usually receive full cooperation from the judicial clerks and staff with regard to the prosecution process, especially with the filing and serving of claims and summons. Moreover, the Government indicates that the Ministry of Labour is planning to collaborate with the Office of the Director of Public Prosecution to implement prosecutorial training for labour and OSH officers. The Committee requests the Government to continue to provide detailed information on the enforcement activities of the labour inspectorate, and again requests that this information include not only the detection of infringements, but also the issuance of non-compliance notices, the initiation or recommendation of prosecutions and their outcome (number of convictions in relation to the infringements reported, amount of penalties imposed, etc.), including in the agricultural sector. The Committee also requests the Government to provide information on the cooperation with the Director of Public Prosecution on the implementation of training for labour inspectors.

2. Activities of the labour inspectorate in the area of occupational safety and health (OSH). The Government indicates that the Occupational Safety and Health Department, within the Ministry of Labour, aims to improve working conditions and environment in Guyana with an emphasis on preventive measures. The Government indicates that while breaches of the OSH Act have been found in some instances, the focus is on getting workplaces to voluntarily comply with the requirements of the OSH Act. The Government indicates that there have been occasions where work activities have been suspended due to the failure of some employers to provide adequate personal protective equipment for the employees. The Government notes that in these cases, occurring mainly in the construction sector, work was resumed following the necessary compliance. Concerning training, the Government indicates that the OSH Department provided a two-day training for joint workplace safety and health committee representatives. In 2021, 18 training programmes were conducted for members of 18 Joint Workplace Safety and Health Committees in both the public and private sectors, and approximately 200 persons were trained. Moreover, according to the Government, the Ministry of Labour held training seminars with the labour and occupational safety and health (OSH) officers in all regions to enhance their understanding of labour and OSH legislation, as well as the process and practices regarding inspections. The Committee requests the Government to provide details on the enforcement activities of the labour inspectors in the field of OSH, such as the number of compliance and suspension orders issued, including in the agricultural sector. It also requests the Government to continue to provide information on the OSH training delivered to labour inspectors, including the subject matter of the sessions and the numbers of persons attending.

Article 3(2) of Convention No. 81 and Article 6(2) of Convention No. 129. Additional duties entrusted to labour inspectors. The Committee previously noted that “labour inspectors” referred to in the Government’s report seemed to be the same as the “labour officers” referred to in the annual report of the Labour and Occupational Safety and Health Department (LOSHD). It appeared that labour inspectors (or labour officers) were entrusted with a variety of functions within the mandate of the LOSHD, in addition to the functions within the meaning of the Convention. These functions include the conciliation of labour disputes and the settlement of complaints. The Government indicates that the terms labour inspectors and labour officers are used interchangeably in Guyana. It adds that the primary functions of the labour officers are to conduct inspections at industrial establishments to ensure compliance with labour laws, and to resolve complaints and disputes between employers and workers. Labour officers are expected to conduct inspections three days per week. The Committee notes that the agricultural sector accounted for 2.9 per cent of complaints received by the Ministry of Labour from employees. The Committee requests the Government to continue to provide information on the time and resources that labour inspectors spend on conciliation and settlement of complaints compared to activities aiming at securing the enforcement of legal provisions relating to conditions of work and the protection of workers. It also requests the Government to provide the number of mediation cases and the number of complaints received and settled by labour inspectors.

Articles 11 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Material resources of the labour inspectorate and frequency of inspection visits. Material and logistical resources, including transport facilities, and safety of labour inspectors. The Government indicates that the Ministry of Labour conducted 960 inspections in 2021 to secure the enforcement of labour laws relating to conditions of work and the protection of workers, including provisions on working hours, wages, weekly rest, holidays, OSH, and employment of young persons. It adds that in 2021 inspection data was not disaggregated by sector and indicates that such break down will be implemented as of 2022. The Government states that there are no dedicated officers for inspections in the agricultural sector. The Committee also notes the Government’s indication that labour and OSH officers are employed in all regions of Guyana, except Region 8, to ensure that workplaces are inspected as often as possible, including in remote areas. There is, however, a transportation challenge in the hinterland regions, with a need for all-terrain vehicles, boats and engines. With respect to the measures taken to ensure the safety of inspection staff, the Government indicates that the Ministry of Labour collaborates with the Geology and Mines Commission, the Guyana Forestry Commission, the Ministry of Natural Resources, the Guyana Police Force and other authorities to conduct inspections whenever it anticipates an unsafe climate. The Government adds, however, that the need for collaboration to protect inspection staff has not arisen during the reporting period. The Committee requests the Government to continue to provide information on the measures taken to ensure that all workplaces are inspected as often and as thoroughly as necessary, including in remote areas and in the agricultural sector and that labour inspectors are equipped with transport facilities for this purpose.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification to the labour inspectorate of industrial accidents and cases of occupational diseases. The Government indicates that an employer is required to report cases of fatalities without delay and accidents that require workers to be away from work for at least one day must be reported within four days. In the case of occupational diseases, every medical practitioner who attends to a patient who is believed to be suffering from an occupational disease is required to notify the OSH Authority. An employer is also required to notify the OSH Authority in writing if he has reason to believe that an employee is suffering from an occupational disease. The Committee notes the Government’s indication that there is compliance to a large extent, mostly by large and medium-sized enterprises, with respect to reporting cases of accidents. For 2021, the Government notes that there were a total of 164 non-fatal occupational accidents in the agricultural sector (fisheries, sugar and farming) reported to the Ministry of Labour. The Government adds, however, that notifications are rarely received for occupational diseases. The Government indicates that the Ministry of Labour is planning to work with the Ministry of Health and the National Insurance Scheme to address reporting deficiencies. The Committee notes that the Ministry of Labour, with the assistance of the ILO, trained a number of OSH officers in March 2022 on recording and notification of occupational accidents and diseases. In April 2022, the Ministry of Labour obtained equipment to develop and implement a recording and notification system of occupational accidents and diseases. The Committee requests the Government to continue to provide information on the measures taken to ensure that labour inspectors are notified of both industrial accidents and cases of occupational disease so that they are in a position to identify the occupational risks inherent in the various activities carried out in the workplaces liable to inspection and can take appropriate preventive measures. In light of the large number of occupational accidents in the agricultural sector in 2021, the Committee requests that the Government explain any steps taken or contemplated to focus greater attention on safety and health risks in the agricultural sector. The Committee also requests the Government to indicate the outcome of the actions taken in cooperation with the Ministry of Health in order to address the reporting deficiencies of occupational diseases and to provide information on the implementation of the notification system for occupational accidents and diseases. It further requests the Government to provide information on the number of occupational accidents and diseases notified to labour inspectors, disaggregated by sector to the extent possible.

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

Articles 6 and 10 of Convention No. 81 and Articles 8 and 14 of Convention No. 129. Status and conditions of service of labour inspectors and number of labour inspectors. The Committee previously noted from the annual report of the Labour and Occupational Safety and Health Department (LOSHD) that, due to resignations or non-renewal of contracts, the number of labour inspection staff significantly decreased, and that it was not possible to find suitable candidates to fill the vacant positions. The Committee further recalled its earlier observation, according to which the salary of labour inspectors was less than half that of tax inspectors and approximately half that of National Insurance Scheme Inspectors. The Government indicates that, in 2021, the Ministry of Labour filled all the vacancies for labour officers and that promotion from labour officer to senior labour officer is possible and is based on performance. The Government indicates that a total of 12 labour officers and nine occupational safety and health (OSH) officers were hired in 2021. The Committee notes the Government’s indication that salary scales have not been revised, but are comparable with those in the public service. The Committee requests the Government to continue to provide information on the total number of labour inspectors and to indicate the number of new recruitments and promotions of incumbent staff. It also requests the Government to provide details on the salary scale and career stability of labour inspectors and to provide a comparison in relation to those of other similar categories of public officials, specifically including tax inspectors and National Insurance Scheme Inspectors.

Articles 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Annual labour inspection reports. Concerning the Committee’s previous comment on the establishment of a register of workplaces liable to inspection and the number of workers employed therein, the Government indicates in its report that there is a requirement for industrial workplaces to register with the Ministry of Labour on a yearly basis by, for example, indicating the number of workers being employed. The Government notes, however, that not all industrial establishments are registering with the Ministry and that efforts are being made to ensure that this registration takes place. The Government indicates that employers are informed that the failure to register with the Ministry of Labour is a breach of the OSH Act and that legal actions may be instituted against them. For the years 2020 and 2021, a total of 424 workplaces were registered, mainly for businesses located in Region 4. The Government notes that a strategy is being designed to establish a similar system in other regions to facilitate the registration process. The Committee notes the Government’s indication that ILO technical assistance would be welcomed to establish a recording system to facilitate the registration of workplaces. The Committee notes that no labour inspection report was transmitted to the ILO and that the Government report contains limited information on the activities of labour inspectors for 2021, such as the number of inspection visits, the number of charges filed and the number of non-fatal occupational accidents in the agricultural sector. Therefore, the Committee requests the Government to pursue its effort to ensure that the labour inspection report is compiled and published in accordance with Article 20 of Convention No. 81 and Articles 25 and 26 of Convention No. 129 and that such report contains information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee hopes that the technical assistance requested by the Government will be provided in the near future, with a view to ensuring the establishment of a register of enterprises and full compliance with Articles 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129.

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

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Referring to its observation, the Committee wishes to raise the following additional points.

Articles 3(1)(a) and (b), 5(a), 13, 17 and 18 of the Convention. Enforcement and advisory functions of labour inspection. 1. Enforcement mechanisms and cooperation with the justice system. The Committee notes that while the Government has not provided a reply in response to its request for detailed information on the enforcement activities of the labour inspectorate, some relevant statistics can be found in the annual report of the Labour and Occupational Safety and Health Department (LOSHD) for 2012. These statistics relate to the number of infringements detected, the legal obligations to which they relate, and the number of legal proceedings instituted against employers. As it appears from the report, penalties have been imposed by the courts in 14 cases. The Committee also notes from the information in the report that labour inspectors have been trained in the prosecution of labour law infringements, among others by a representative of the Public Prosecutor’s Office. The Committee once again asks the Government to provide detailed information on the enforcement activities of the labour inspectorate, including the detection of infringements, the issuance of non-compliance notices, the initiation or recommendation of prosecutions and their outcome (number of convictions in relation to the infringements reported, amount of penalties imposed, etc.). Please also continue to provide information on any training sessions provided to labour inspectors with a view to enhancing their capacity to effectively prosecute labour law infringements.

Drawing attention to its general observation of 2007 on the importance of cooperation between the labour inspectorate and the justice system for the effective enforcement of legal provisions relating to conditions of work and the protection of workers, the Committee once again asks that the Government state what measures have been taken or are envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities (such as joint meetings to discuss practical aspects of cooperation, joint training on the procedural and material aspects of labour law and inspection procedures, the establishment of a system for the recording of judicial decisions accessible to labour inspectors, etc.).

2. Activities of the labour inspectorate in the area of occupational safety and health (OSH). The Committee notes that, except for the reference to training of employers in the annual report of the LOSHD, no information has been provided on the measures taken by labour inspectors in the area of OSH, which makes it impossible to assess the work of the labour inspectorate in this respect. The Committee therefore asks that the Government provide detailed information on the activities of the labour inspectorate in the area of OSH, indicating both the enforcement activities (number of infringements detected and effectively prosecuted), and the preventive measures taken by labour inspectors with a view to remedying defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers, including measures with immediate executory force ordered by labour inspectors (work stoppage, suspension of the operation of machines or equipment, the prohibition of the use of products or substances, etc.).

Article 3(2). Additional duties entrusted to labour inspectors. The Committee notes that the 16 “labour inspectors” referred to in the Government’s report seem to be the same as the “labour officers” referred to in the annual report of the LOSHD. It appears that labour inspectors (or labour officers) are entrusted with a variety of functions within the mandate of the LOSHD, in addition to the functions within the meaning of the Convention. It understands that these functions include the conciliation of labour disputes and the settlement of complaints. In this respect, the Committee would like to draw the Government’s attention to paragraph 69 of its General Survey of 2006 on labour inspection, in which it is emphasized that the primary duties of labour inspectors are complex and require time, resources, training and considerable freedom of action and movement. Any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. With specific regard to functions exercised in the context of labour disputes, the Committee refers the Government to the guidance contained in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee asks the Government to clarify whether the terms “labour inspectors” and “labour officers” are used interchangeably, and to provide information on any other functions assumed by these officers, as well as an estimate of the time spent on activities focusing on primary labour inspection duties in relation to their other duties. It hopes that the Government will take the necessary measures, in accordance with Article 3(2) of the Convention, to ensure that any other functions entrusted to inspection officers do not interfere with the effective discharge of their primary duties.

Articles 6 and 10. Status and conditions of service of labour inspectors and number of labour inspectors. The Committee notes from the annual report of the LOSHD that, due to resignations or the non-renewal of contracts, the number of staff significantly decreased, and that it was not possible to find suitable candidates to fill the vacant positions. In this context, the Committee recalls its previous observations according to which the salary of labour inspectors is less than half that of tax inspectors and approximately half that of National Insurance Scheme inspectors. It once again draws the Government’s attention to paragraphs 204 and 209 of the 2006 General Survey on labour inspection, which emphasize that the levels of remuneration and career prospects of inspectors have to be such that high-quality staff are attracted, retained, and protected from any improper influence. Having previously noted that labour inspectors enjoy the status of public servants and stability of employment, the Committee asks the Government to provide explanations as to the abovementioned non-renewal of contracts. Moreover, it asks that the Government indicate the measures taken or envisaged to fill the vacant positions and to improve the conditions of service of labour inspectors, including their remuneration and career prospects, with a view to retaining them within the labour inspection services and attracting suitable candidates.

Articles 11 and 16. Material resources of the labour inspectorate and frequency of inspection visits. 1. Material and logistical resources, including transport facilities. The Committee notes the Government’s indication that, in accordance with the Public Service Rules, labour inspectors are reimbursed travel and subsistence expenses. It also notes that labour inspectors are assigned to divisions of wards and districts and that inspections are conducted routinely and inspectors are rotated every six months. The Committee asks the Government to provide further information on the measures taken to ensure that all workplaces are inspected as often and as thoroughly as necessary including in remote areas and that labour inspectors are furnished with transport facilities for this purpose.

2. Safety of labour inspectors. In its previous comments, the Committee had noted that, due to a climate of violence, the labour inspectorate was unable to ensure a presence in workplaces situated in certain particularly dangerous regions. The Committee once again asks for information on the measures taken to ensure the safety of inspection staff in the regions affected by the climate of violence towards public servants, with a view to effectively guaranteeing the enforcement of legal provisions relating to conditions of work (the possibility of labour inspectors being accompanied by the police, etc.).

Article 14. Notification to the labour inspectorate of industrial accidents and cases of occupational diseases. The Committee notes that sections 69 and 70 of the Occupational Safety and Health Act provide for the notification of occupational accidents and diseases to the labour inspectorate. It further notes that statistics relating to industrial accidents are contained in the annual report of the LOSHD, but that statistics relating to cases of occupational diseases have never been provided by the Government. The Committee asks the Government to describe the functioning in practice of the system of notification of industrial accidents and cases of occupational diseases. It asks the Government to take measures to ensure that labour inspectors are notified of both industrial accidents and incidences of occupational disease so that they are in a position to identify the occupational risks inherent in the various activities carried out in the workplaces liable to inspection and can take appropriate preventive action and, further, that they are able to provide relevant information to the central inspection authority for the purposes set out in the Convention, including for the inclusion of such data in the annual reports on the activities of the labour inspection services (Article 21(f) and (g)).

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Articles 20 and 21 of the Convention. Communication and content of the annual labour inspection report. The Committee notes that the annual report for 2012 concerning the activities of the Labour and Occupational Safety and Health Department (LOSHD) of the Ministry of Labour, Human Services and Social Security, attached to the Government’s report, contains information on the labour inspection activities carried out in 2012, such as the number of labour inspection visits, the number of violations detected, the subjects to which they relate and the number of cases brought to court, as well as the number of industrial accidents that have occurred. However, it notes that information such as the number of industrial and commercial workplaces liable to inspection and the number of workers employed therein (Article 21(c)), which is essential for evaluating the extent to which the Convention is applied, is not contained in the report of the LOSHD. Referring to its general observation of 2009, the Committee emphasizes the importance of establishing and updating a register of workplaces and enterprises liable to inspection and the number of workers employed therein, which would provide the central labour inspection authorities with the data that is essential in preparing the annual report. Noting from the information provided under the Labour Inspection (Agriculture) Convention, 1969 (No. 129), that memoranda of understanding exist between the Ministry of Labour and several agencies conducting similar activities (such as the National Insurance Scheme, the Guyana Revenue Authority, etc.), the Committee hopes that the exchange of data with these institutions will enable the establishment of a register of workplaces that meets the assigned objectives. While welcoming the efforts made by the Government in providing the abovementioned statistical information, the Committee once again asks the Government to indicate what measures are being taken to set up a register of workplaces liable to inspection and the number of workers employed therein, with a view to the fulfilment by the central inspection authority of its obligation to publish and transmit to the ILO an annual report containing complete information on all the subjects listed in Article 21(a) to (g) of the Convention. It reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.

In this regard, the Committee draws the attention of the Government to the valuable guidance provided in Part IV of Recommendation No. 81 on the manner in which the information required by Article 21 could be presented in order to reflect usefully the labour inspectorate’s work in practice.

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

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Referring to its observation, the Committee wishes to raise the following additional points.

Articles 3(1)(a) and (b), 13, 17 and 18 of the Convention. Enforcement and advisory functions of the labour inspection and legal proceedings against offending employers. In reply to the Committee’s previous comments, the Government indicates that presently, there are no court decisions in proceedings instituted against employers for infringements relating to the holding of registers, dismissal notices and the payment of redundancy pay, paid leave, overtime and salaries, but employers are invited to attend seminars with a view to correcting the various breaches.

The Committee draws attention to paragraphs 279 and 280 of its 2006 General Survey on Labour Inspection according to which while technical advice and information supplied by the labour inspectors can only encourage compliance with legal provisions, it should nonetheless be accompanied by an enforcement mechanism enabling those guilty of violations reported by labour inspectors to be prosecuted. The credibility of any inspectorate depends to a large extent on its ability to advise employers and workers on the most effective means of complying with the legal provisions within its remit; however, it also depends on the existence and implementation of a sufficiently dissuasive enforcement mechanism. For the labour inspectorate, the functions of enforcement and advice are inseparable in practice. The Committee requests the Government to provide detailed information on the enforcement activities of the labour inspectors including notifications of violations, warnings, the initiation or recommendation of prosecutions and the imposition of penalties and to provide copies of relevant court decisions. Moreover, drawing attention to its General Observation of 2009 on the importance of cooperation between the labour inspectorate and the justice system, the Committee requests the Government to indicate any measure taken to encourage due diligence and attention in the treatment by judicial bodies of violations reported by labour inspectorates as well as disputes in the same fields referred directly to them by workers and their organizations.

Furthermore, the Committee requests the Government to provide details on the advisory activities carried out by the labour inspectorate and in particular, the seminars addressed to employers found in violation of legal provisions enforceable by labour inspectors (e.g. content, duration, attendance) and their impact on the effective application of these provisions in practice.

Finally, the Committee requests the Government to describe the preventive measures taken by labour inspectors with a view to remedying defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers, including measures with immediate executory force ordered by labour inspectors (Article 13).

Article 6. Status of labour inspection staff. The Committee notes that, according to the Government, the salary of labour inspectors is less than half that of tax inspectors and approximately half that of National Insurance Scheme (NIS) inspectors. The Committee draws the Government’s attention to paragraphs 204 and 209 of the 2006 General Survey on Labour Inspection, which emphasize that the levels of remuneration and career prospects of inspectors have to be such that high-quality staff are attracted, retained, and protected from any improper influence. Although the Committee is aware of the severe budgetary restrictions governments often face, it is bound to emphasize the importance it places on the treatment of labour inspectors in a way that reflects the importance and specificities of their duties and that take account of personal merit. Sometimes, very low levels of labour inspectors’ salaries, combined with the absence of career prospects, could cause inspectors to turn from the labour inspectorate towards other, more prestigious sectors of the public service or the private sector. The Committee would be grateful if the Government would specify how it ensures that the conditions of remuneration and career development of labour inspectors reflect the importance and specificities of their duties, take account of personal merit and keep them within the labour inspection system.

Article 10. Number of labour inspectors. The Committee once again requests the Government to provide detailed information on the number and distribution of labour inspectors by region, category, duties and level of qualification and to provide a copy of relevant legal texts.

Articles 11 and 16. Material and logistical resources of the labour inspectorate. The Committee notes from the Government’s report that as the labour inspectors are entitled to duty concessions, the majority have their own motor vehicle which they can use in order to carry out inspections. In its previous comments, the Committee had noted that due to a climate of violence the labour inspectorate was unable to ensure a presence in workplaces situated in certain particularly dangerous regions. The Committee once again requests the Government to provide information on the measures taken to ensure that all workplaces are inspected as often and as thoroughly as necessary including in remote areas, and to describe the method of reimbursement of travelling and incidental expenses to labour inspectors. The Committee also requests information on the measures taken to ensure the safety of inspection staff in the regions affected by the climate of violence towards public servants, with a view to effectively guaranteeing the enforcement of legal provisions relating to conditions of work.

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Articles 20 and 21 of the Convention. Communication and content of the annual inspection report. The Committee notes with regret that the last annual report of the Industrial Relations Department of the Ministry of Labour, Human Services and Social Security was received in 2006 and concerned the year 2004. It notes moreover with regret that the Government has still not provided a reply to the Committee’s comments on this report made in 2007, and repeated in 2008, 2009, 2010 and 2011. The Committee is therefore bound to repeat its previous comments, which read as follows:

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The Committee notes the communication, within the time limits prescribed by Article 20, of the annual report for 2004 of the Industrial Relations Department of the Ministry of Labour. However, it notes once again that information such as the number of industrial and commercial workplaces liable to inspection and the number of workers employed therein (Article 21(c)), which is essential for evaluating the extent to which the Convention is applied, is not always available. In addition, statistics of industrial accidents and cases of occupational disease (Article 21(f) and (g)) have never been provided, which makes it impossible to assess the work of the labour inspectorate in the area of occupational safety and health. The Committee strongly hopes that the Government will not fail to take the necessary measures quickly, in particular by calling for the cooperation of other competent public and private institutions, in particular the tax services, to establish a register of workplaces liable to inspection to enable each inspection service to plan its interventions with a view to prevention, while continuing to respond to specific requests.

The Committee would be grateful if the Government would also take measures to ensure that, in accordance with Article 14 of the Convention, labour inspectors are notified of industrial accidents and cases of occupational disease so that, on the one hand, they are in a position to identify the occupational risks inherent in the various activities carried out in the workplaces liable to inspection and to take appropriate preventive action and, on the other, that they are able in turn to provide relevant information to the central inspection authority for the purposes set out in the Convention.

Finally, the Committee invites the Government to draw the attention of the central labour inspection authority to the valuable guidance provided in Part IV of Recommendation No. 81 on the manner in which the information required by Article 21 could be presented in order to reflect usefully the labour inspectorate’s work in practice.

The Committee recalls moreover that the obligation to provide an annual report on the work of the inspection services under Article 20 of the Convention is an ongoing one and requests the Government to publish such a report and communicate it to the ILO within the time limits set in paragraphs 2 and 3 of this Article.

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

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

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

Repetition

Articles 6 and 10 of the Convention. Status of labour inspection staff and number of inspectors. The Committee notes that, in reply to its previous comments, two new labour officers have been recruited to the positions of Assistant Chief Labour Officer and Senior Labour Officer and it is planned to continue filling the numerous vacant posts. The Government also indicates that inspection staff have been granted the status of senior public servants and placed on the GS 7 and GS 9 salary scales. The Committee would be grateful if the Government would provide a copy of the relevant legal texts as well as information so that a comparison can be made of the status and salary of labour inspectors with those of other public servants with comparable responsibilities, such as tax inspectors and treasury officials. The Committee also requests the Government to continue to keep the ILO informed of any changes in the number of officials responsible for labour inspection and to specify in particular the number, position and geographical distribution of those responsible for supervising the workplaces covered by the Convention. The Committee would be grateful if the Government would specify the grades and duties of women employed in the labour inspectorate.

Articles 11 and 16. Material and logistical resources of the labour inspectorate. The Committee notes that, despite the financial constraints of the Department of Labour, 649 inspections were carried out in 2004. However, it notes with concern that, due to the climate of violence, the labour inspectorate is unable to ensure a presence in workplaces situated in certain regions that are particularly dangerous for carrying out inspections or conducting investigations. The Committee would be grateful if the Government would indicate how it ensures that labour inspection offices are accessible to workers and employers in each region and specify the geographical distribution of the transport facilities made available to labour inspectors to carry out inspections of workplaces, as well as the measures taken or envisaged to ensure that, in accordance with Article 16, workplaces are inspected as often and as thoroughly as necessary. The Government is also requested to indicate the measures that it intends to take to ensure the safety of inspection staff in the regions affected by the climate of violence towards public servants in order to guarantee the protection of workers against violations by employers of the legal provisions relating to conditions of work.

Articles 17 and 18. Legal proceedings against offending employers. The Committee notes the information provided on the number of legal proceedings instituted against employers for infringements relating to the protection of registers, dismissal notices and the payment of redundancy pay, paid leave, overtime and salaries. Referring to Article 18 of the Convention, which provides that penalties applicable to those committing a violation should be adequate and effectively enforced, the Committee would be grateful if the Government would provide copies of court decisions in cases concerning these types of violations, as well as information on the procedures for their effective enforcement.

Article 21. Content of the annual inspection report. The Committee notes the provision, within the time limits prescribed by Article 20, of the annual report for 2004 of the Industrial Relations Department of the Ministry of Labour. However, it notes once again that information such as the number of industrial and commercial workplaces liable to inspection and the number of workers employed therein (Article 21(c)), which is essential for evaluating the extent to which the Convention is applied, is not always available. In addition, statistics of industrial accidents and cases of occupational disease (Article 21(f) and (g)) have never been provided, which makes it impossible to assess the work of the labour inspectorate in the area of occupational safety and health. The Committee strongly hopes that the Government will not fail to take the necessary measures quickly, in particular by calling for the cooperation of other competent public and private institutions, in particular the tax services, to establish a register of workplaces liable to inspection to enable each inspection service to plan its interventions with a view to prevention, while continuing to respond to specific requests. The Committee would be grateful if the Government would also take measures to ensure that, in accordance with Article 14 of the Convention, labour inspectors are notified of industrial accidents and cases of occupational disease so that, on the one hand, they are in a position to identify the occupational risks inherent in the various activities carried out in the workplaces liable to inspection and to take appropriate preventive action and, on the other, that they are able in turn to provide relevant information to the central inspection authority for the purposes set out in the Convention. Finally, the Committee invites the Government to draw the attention of the central labour inspection authority to the valuable guidance provided in Part IV of Recommendation No. 81 on the manner in which the information required by Article 21 could be presented in order to reflect usefully the labour inspectorate’s work in practice.

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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:

Articles 6 and 10 of the Convention. Status of labour inspection staff and number of inspectors. The Committee notes that, in reply to its previous comments, two new labour officers have been recruited to the positions of Assistant Chief Labour Officer and Senior Labour Officer and it is planned to continue filling the numerous vacant posts. The Government also indicates that inspection staff have been granted the status of senior public servants and placed on the GS 7 and GS 9 salary scales. The Committee would be grateful if the Government would provide a copy of the relevant legal texts as well as information so that a comparison can be made of the status and salary of labour inspectors with those of other public servants with comparable responsibilities, such as tax inspectors and treasury officials. The Committee also requests the Government to continue to keep the ILO informed of any changes in the number of officials responsible for labour inspection and to specify in particular the number, position and geographical distribution of those responsible for supervising the workplaces covered by the Convention. The Committee would be grateful if the Government would specify the grades and duties of women employed in the labour inspectorate.

Articles 11 and 16. Material and logistical resources of the labour inspectorate. The Committee notes that, despite the financial constraints of the Department of Labour, 649 inspections were carried out in 2004. However, it notes with concern that, due to the climate of violence, the labour inspectorate is unable to ensure a presence in workplaces situated in certain regions that are particularly dangerous for carrying out inspections or conducting investigations. The Committee would be grateful if the Government would indicate how it ensures that labour inspection offices are accessible to workers and employers in each region and specify the geographical distribution of the transport facilities made available to labour inspectors to carry out inspections of workplaces, as well as the measures taken or envisaged to ensure that, in accordance with Article 16, workplaces are inspected as often and as thoroughly as necessary. The Government is also requested to indicate the measures that it intends to take to ensure the safety of inspection staff in the regions affected by the climate of violence towards public servants in order to guarantee the protection of workers against violations by employers of the legal provisions relating to conditions of work.

Articles 17 and 18. Legal proceedings against offending employers. The Committee notes the information provided on the number of legal proceedings instituted against employers for infringements relating to the protection of registers, dismissal notices and the payment of redundancy pay, paid leave, overtime and salaries. Referring to Article 18 of the Convention, which provides that penalties applicable to those committing a violation should be adequate and effectively enforced, the Committee would be grateful if the Government would provide copies of court decisions in cases concerning these types of violations, as well as information on the procedures for their effective enforcement.

Article 21. Content of the annual inspection report. The Committee notes the provision, within the time limits prescribed by Article 20, of the annual report for 2004 of the Industrial Relations Department of the Ministry of Labour. However, it notes once again that information such as the number of industrial and commercial workplaces liable to inspection and the number of workers employed therein (Article 21(c)), which is essential for evaluating the extent to which the Convention is applied, is not always available. In addition, statistics of industrial accidents and cases of occupational disease (Article 21(f) and (g)) have never been provided, which makes it impossible to assess the work of the labour inspectorate in the area of occupational safety and health. The Committee strongly hopes that the Government will not fail to take the necessary measures quickly, in particular by calling for the cooperation of other competent public and private institutions, in particular the tax services, to establish a register of workplaces liable to inspection to enable each inspection service to plan its interventions with a view to prevention, while continuing to respond to specific requests. The Committee would be grateful if the Government would also take measures to ensure that, in accordance with Article 14 of the Convention, labour inspectors are notified of industrial accidents and cases of occupational disease so that, on the one hand, they are in a position to identify the occupational risks inherent in the various activities carried out in the workplaces liable to inspection and to take appropriate preventive action and, on the other, that they are able in turn to provide relevant information to the central inspection authority for the purposes set out in the Convention. Finally, the Committee invites the Government to draw the attention of the central labour inspection authority to the valuable guidance provided in Part IV of Recommendation No. 81 on the manner in which the information required by Article 21 could be presented in order to reflect usefully the labour inspectorate’s work in practice.

CMNT_TITLE

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:

Articles 6 and 10 of the Convention. Status of labour inspection staff and number of inspectors. The Committee notes that, in reply to its previous comments, two new labour officers have been recruited to the positions of Assistant Chief Labour Officer and Senior Labour Officer and it is planned to continue filling the numerous vacant posts. The Government also indicates that inspection staff have been granted the status of senior public servants and placed on the GS 7 and GS 9 salary scales. The Committee would be grateful if the Government would provide a copy of the relevant legal texts as well as information so that a comparison can be made of the status and salary of labour inspectors with those of other public servants with comparable responsibilities, such as tax inspectors and treasury officials. The Committee also requests the Government to continue to keep the ILO informed of any changes in the number of officials responsible for labour inspection and to specify in particular the number, position and geographical distribution of those responsible for supervising the workplaces covered by the Convention. The Committee would be grateful if the Government would specify the grades and duties of women employed in the labour inspectorate.

Articles 11 and 16. Material and logistical resources of the labour inspectorate. The Committee notes that, despite the financial constraints of the Department of Labour, 649 inspections were carried out in 2004. However, it notes with concern that, due to the climate of violence, the labour inspectorate is unable to ensure a presence in workplaces situated in certain regions that are particularly dangerous for carrying out inspections or conducting investigations. The Committee would be grateful if the Government would indicate how it ensures that labour inspection offices are accessible to workers and employers in each region and specify the geographical distribution of the transport facilities made available to labour inspectors to carry out inspections of workplaces, as well as the measures taken or envisaged to ensure that, in accordance with Article 16, workplaces are inspected as often and as thoroughly as necessary. The Government is also requested to indicate the measures that it intends to take to ensure the safety of inspection staff in the regions affected by the climate of violence towards public servants in order to guarantee the protection of workers against violations by employers of the legal provisions relating to conditions of work.

Articles 17 and 18. Legal proceedings against offending employers. The Committee notes the information provided on the number of legal proceedings instituted against employers for infringements relating to the protection of registers, dismissal notices and the payment of redundancy pay, paid leave, overtime and salaries. Referring to Article 18 of the Convention, which provides that penalties applicable to those committing a violation should be adequate and effectively enforced, the Committee would be grateful if the Government would provide copies of court decisions in cases concerning these types of violations, as well as information on the procedures for their effective enforcement.

Article 21. Content of the annual inspection report. The Committee notes the provision, within the time limits prescribed by Article 20, of the annual report for 2004 of the Industrial Relations Department of the Ministry of Labour. However, it notes once again that information such as the number of industrial and commercial workplaces liable to inspection and the number of workers employed therein (Article 21(c)), which is essential for evaluating the extent to which the Convention is applied, is not always available. In addition, statistics of industrial accidents and cases of occupational disease (Article 21(f) and (g)) have never been provided, which makes it impossible to assess the work of the labour inspectorate in the area of occupational safety and health. The Committee strongly hopes that the Government will not fail to take the necessary measures quickly, in particular by calling for the cooperation of other competent public and private institutions, in particular the tax services, to establish a register of workplaces liable to inspection to enable each inspection service to plan its interventions with a view to prevention, while continuing to respond to specific requests. The Committee would be grateful if the Government would also take measures to ensure that, in accordance with Article 14 of the Convention, labour inspectors are notified of industrial accidents and cases of occupational disease so that, on the one hand, they are in a position to identify the occupational risks inherent in the various activities carried out in the workplaces liable to inspection and to take appropriate preventive action and, on the other, that they are able in turn to provide relevant information to the central inspection authority for the purposes set out in the Convention. Finally, the Committee invites the Government to draw the attention of the central labour inspection authority to the valuable guidance provided in Part IV of Recommendation No. 81 on the manner in which the information required by Article 21 could be presented in order to reflect usefully the labour inspectorate’s work in practice.

CMNT_TITLE

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:

Articles 6 and 10 of the Convention. Status of labour inspection staff and number of inspectors. The Committee notes that, in reply to its previous comments, two new labour officers have been recruited to the positions of Assistant Chief Labour Officer and Senior Labour Officer and it is planned to continue filling the numerous vacant posts. The Government also indicates that inspection staff have been granted the status of senior public servants and placed on the GS 7 and GS 9 salary scales. The Committee would be grateful if the Government would provide a copy of the relevant legal texts as well as information so that a comparison can be made of the status and salary of labour inspectors with those of other public servants with comparable responsibilities, such as tax inspectors and treasury officials. The Committee also requests the Government to continue to keep the ILO informed of any changes in the number of officials responsible for labour inspection and to specify in particular the number, position and geographical distribution of those responsible for supervising the workplaces covered by the Convention. The Committee would be grateful if the Government would specify the grades and duties of women employed in the labour inspectorate.

Articles 11 and 16. Material and logistical resources of the labour inspectorate. The Committee notes that, despite the financial constraints of the Department of Labour, 649 inspections were carried out in 2004. However, it notes with concern that, due to the climate of violence, the labour inspectorate is unable to ensure a presence in workplaces situated in certain regions that are particularly dangerous for carrying out inspections or conducting investigations. The Committee would be grateful if the Government would indicate how it ensures that labour inspection offices are accessible to workers and employers in each region and specify the geographical distribution of the transport facilities made available to labour inspectors to carry out inspections of workplaces, as well as the measures taken or envisaged to ensure that, in accordance with Article 16, workplaces are inspected as often and as thoroughly as necessary. The Government is also requested to indicate the measures that it intends to take to ensure the safety of inspection staff in the regions affected by the climate of violence towards public servants in order to guarantee the protection of workers against violations by employers of the legal provisions relating to conditions of work.

Articles 17 and 18. Legal proceedings against offending employers. The Committee notes the information provided on the number of legal proceedings instituted against employers for infringements relating to the protection of registers, dismissal notices and the payment of redundancy pay, paid leave, overtime and salaries. Referring to Article 18 of the Convention, which provides that penalties applicable to those committing a violation should be adequate and effectively enforced, the Committee would be grateful if the Government would provide copies of court decisions in cases concerning these types of violations, as well as information on the procedures for their effective enforcement.

Article 21. Content of the annual inspection report. The Committee notes the provision, within the time limits prescribed by Article 20, of the annual report for 2004 of the Industrial Relations Department of the Ministry of Labour. However, it notes once again that information such as the number of industrial and commercial workplaces liable to inspection and the number of workers employed therein (Article 21(c)), which is essential for evaluating the extent to which the Convention is applied, is not always available. In addition, statistics of industrial accidents and cases of occupational disease (Article 21(f) and (g)) have never been provided, which makes it impossible to assess the work of the labour inspectorate in the area of occupational safety and health. The Committee strongly hopes that the Government will not fail to take the necessary measures quickly, in particular by calling for the cooperation of other competent public and private institutions, in particular the tax services, to establish a register of workplaces liable to inspection to enable each inspection service to plan its interventions with a view to prevention, while continuing to respond to specific requests. The Committee would be grateful if the Government would also take measures to ensure that, in accordance with Article 14 of the Convention, labour inspectors are notified of industrial accidents and cases of occupational disease so that, on the one hand, they are in a position to identify the occupational risks inherent in the various activities carried out in the workplaces liable to inspection and to take appropriate preventive action and, on the other, that they are able in turn to provide relevant information to the central inspection authority for the purposes set out in the Convention. Finally, the Committee invites the Government to draw the attention of the central labour inspection authority to the valuable guidance provided in Part IV of Recommendation No. 81 on the manner in which the information required by Article 21 could be presented in order to reflect usefully the labour inspectorate’s work in practice.

CMNT_TITLE

Articles 6 and 10 of the Convention. Status of labour inspection staff and number of inspectors. The Committee notes with interest that, in reply to its previous comments, two new labour officers have been recruited to the positions of Assistant Chief Labour Officer and Senior Labour Officer and it is planned to continue filling the numerous vacant posts. The Government also indicates that inspection staff have been granted the status of senior public servants and placed on the GS 7 and GS 9 salary scales. The Committee would be grateful if the Government would provide a copy of the relevant legal texts as well as information so that a comparison can be made of the status and salary of labour inspectors with those of other public servants with comparable responsibilities, such as tax inspectors and treasury officials. The Committee also requests the Government to continue to keep the ILO informed of any changes in the number of officials responsible for labour inspection and to specify in particular the number, position and geographical distribution of those responsible for supervising the workplaces covered by the Convention. The Committee would be grateful if the Government would specify the grades and duties of women employed in the labour inspectorate.

Articles 11 and 16. Material and logistical resources of the labour inspectorate. The Committee notes that, despite the financial constraints of the Department of Labour, 649 inspections were carried out in 2004. However, it notes with concern that, due to the climate of violence, the labour inspectorate is unable to ensure a presence in workplaces situated in certain regions that are particularly dangerous for carrying out inspections or conducting investigations. The Committee would be grateful if the Government would indicate how it ensures that labour inspection offices are accessible to workers and employers in each region and specify the geographical distribution of the transport facilities made available to labour inspectors to carry out inspections of workplaces, as well as the measures taken or envisaged to ensure that, in accordance with Article 16, workplaces are inspected as often and as thoroughly as necessary. The Government is also requested to indicate the measures that it intends to take to ensure the safety of inspection staff in the regions affected by the climate of violence towards public servants in order to guarantee the protection of workers against violations by employers of the legal provisions relating to conditions of work.

Articles 17 and 18. Legal proceedings against offending employers. The Committee notes with interest the information provided on the number of legal proceedings instituted against employers for infringements relating to the protection of registers, dismissal notices and the payment of redundancy pay, paid leave, overtime and salaries. Referring to Article 18 of the Convention, which provides that penalties applicable to those committing a violation should be adequate and effectively enforced, the Committee would be grateful if the Government would provide copies of court decisions in cases concerning these types of violations, as well as information on the procedures for their effective enforcement.

Article 21. Content of the annual inspection report. The Committee notes with interest the provision, within the time limits prescribed by Article 20, of the annual report for 2004 of the Industrial Relations Department of the Ministry of Labour. However, it notes once again that information such as the number of industrial and commercial workplaces liable to inspection and the number of workers employed therein (Article 21(c)), which is essential for evaluating the extent to which the Convention is applied, is not always available. In addition, statistics of industrial accidents and cases of occupational disease (Article 21(f) and (g)) have never been provided, which makes it impossible to assess the work of the labour inspectorate in the area of occupational safety and health. The Committee strongly hopes that the Government will not fail to take the necessary measures quickly, in particular by calling for the cooperation of other competent public and private institutions, in particular the tax services, to establish a register of workplaces liable to inspection to enable each inspection service to plan its interventions with a view to prevention, while continuing to respond to specific requests. The Committee would be grateful if the Government would also take measures to ensure that, in accordance with Article 14 of the Convention, labour inspectors are notified of industrial accidents and cases of occupational disease so that, on the one hand, they are in a position to identify the occupational risks inherent in the various activities carried out in the workplaces liable to inspection and to take appropriate preventive action and, on the other, that they are able in turn to provide relevant information to the central inspection authority for the purposes set out in the Convention. Finally, the Committee invites the Government to draw the attention of the central labour inspection authority to the valuable guidance provided in Part IV of Recommendation No. 81 on the manner in which the information required by Article 21 could be presented in order to reflect usefully the labour inspectorate’s work in practice.

CMNT_TITLE

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

The Committee would be grateful if the Government would provide information on the following points.

Articles 6, 8 and 10 of the Convention. The Committee notes that the staff of the labour inspectorate is made up of 80 per cent of women, that it is badly paid and that, in the opinion of the Government itself, this staff is inadequate in relation to the needs to be covered. The Committee wishes to emphasize the need to guarantee the staff of the labour inspectorate a status and conditions of service such that they are assured of stability of employment and are independent of any improper external influences. Indeed, it is important that such staff, whose functions are both complex and varied, are assured of living standards and career prospects such as to retain them in the profession and enable them to show the necessary impartiality and authority in their relations with workers and employers and their organizations. The Committee trusts that the Government will rapidly take the necessary measures to allocate labour inspection an appropriate proportion of the national budget so as to enable it to achieve its objectives, particularly by attracting and maintaining staff who are sufficiently competent and motivated and suitable to take on with the required level of effectiveness and independence the duties with which they are legally entrusted. The Government is requested to keep the Office informed of any developments in this respect.

Articles 16, 20 and 21. Noting the information of a general nature on the frequency and quality of the inspections of workplaces carried out by labour inspectors, and on the methods of registering the numbers of the workforce covered and the contraventions reported, the Committee notes once again that statistical information on the workplaces liable to inspection, the number of workers employed therein, the frequency and nature of inspection visits, statistics of industrial accidents and occupational diseases have still not been provided. The Committee would therefore be grateful if the Government would take the necessary measures to ensure that such information, which is essential for an assessment of the extent to which the Convention is applied, is included regularly in the annual inspection report, which it recalls must be published with a view to eliciting the reactions of all the interested parties.

Finally, noting that the Government has not indicated, as required in Part V of the report form on the Convention, whether a copy of the report and the replies to the Committee’s comments have been communicated to the most representative organizations of employers and workers, in accordance with article 23, paragraph 3, of the Constitution of the ILO, the Committee requests the Government to supply this information and to indicate any comments that may be made by these organizations.

CMNT_TITLE

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

The Committee notes the Government’s report, the information provided in reply to its previous comments, the annual report of the Department of Labour for 2000 and the copy of the Public Service Circular No. 11/1995 respecting travelling allowances and advances for the purchase of motor vehicles. It would be grateful if the Government would provide additional information on the following points.

Articles 6, 8 and 10 of the Convention. The Committee notes that the staff of the labour inspectorate is made up of 80 per cent of women, that it is badly paid and that, in the opinion of the Government itself, this staff is inadequate in relation to the needs to be covered. The Committee wishes to emphasize the need to guarantee the staff of the labour inspectorate a status and conditions of service such that they are assured of stability of employment and are independent of any improper external influences. Indeed, it is important that such staff, whose functions are both complex and varied, are assured of living standards and career prospects such as to retain them in the profession and enable them to show the necessary impartiality and authority in their relations with workers and employers and their organizations. The Committee trusts that the Government will rapidly take the necessary measures to allocate labour inspection an appropriate proportion of the national budget so as to enable it to achieve its objectives, particularly by attracting and maintaining staff who are sufficiently competent and motivated and suitable to take on with the required level of effectiveness and independence the duties with which they are legally entrusted. The Government is requested to keep the Office informed of any developments in this respect.

Articles 16, 20 and 21. Noting the information of a general nature on the frequency and quality of the inspections of workplaces carried out by labour inspectors, and on the methods of registering the numbers of the workforce covered and the contraventions reported, the Committee notes once again that statistical information on the workplaces liable to inspection, the number of workers employed therein, the frequency and nature of inspection visits, statistics of industrial accidents and occupational diseases have still not been provided. The Committee would therefore be grateful if the Government would take the necessary measures to ensure that such information, which is essential for an assessment of the extent to which the Convention is applied, is included regularly in the annual inspection report, which it recalls must be published with a view to eliciting the reactions of all the interested parties.

Finally, noting that the Government has not indicated, as required in Part V of the report form on the Convention, whether a copy of the report and the replies to the Committee’s comments have been communicated to the most representative organizations of employers and workers, in accordance with article 23, paragraph 3, of the Constitution of the ILO, the Committee requests the Government to supply this information and to indicate any comments that may be made by these organizations.

CMNT_TITLE

The Committee notes the Government’s report, the information provided in reply to its previous comments, the annual report of the Department of Labour for 2000 and the copy of the Public Service Circular No. 11/1995 respecting travelling allowances and advances for the purchase of motor vehicles. It would be grateful if the Government would provide additional information on the following points.

Articles 6, 8 and 10 of the Convention. The Committee notes that the staff of the labour inspectorate is made up of 80 per cent of women, that it is badly paid and that, in the opinion of the Government itself, this staff is inadequate in relation to the needs to be covered. The Committee wishes to emphasize the need to guarantee the staff of the labour inspectorate a status and conditions of service such that they are assured of stability of employment and are independent of any improper external influences. Indeed, it is important that such staff, whose functions are both complex and varied, are assured of living standards and career prospects such as to retain them in the profession and enable them to show the necessary impartiality and authority in their relations with workers and employers and their organizations. The Committee trusts that the Government will rapidly take the necessary measures to allocate labour inspection an appropriate proportion of the national budget so as to enable it to achieve its objectives, particularly by attracting and maintaining staff who are sufficiently competent and motivated and suitable to take on with the required level of effectiveness and independence the duties with which they are legally entrusted. The Government is requested to keep the Office informed of any developments in this respect.

Articles 16, 20 and 21. Noting the information of a general nature on the frequency and quality of the inspections of workplaces carried out by labour inspectors, and on the methods of registering the numbers of the workforce covered and the contraventions reported, the Committee notes once again that statistical information on the workplaces liable to inspection, the number of workers employed therein, the frequency and nature of inspection visits, statistics of industrial accidents and occupational diseases have still not been provided. The Committee would therefore be grateful if the Government would take the necessary measures to ensure that such information, which is essential for an assessment of the extent to which the Convention is applied, is included regularly in the annual inspection report, which it recalls must be published with a view to eliciting the reactions of all the interested parties.

Finally, noting that the Government has not indicated, as required in Part V of the report form on the Convention, whether a copy of the report and the replies to the Committee’s comments have been communicated to the most representative organizations of employers and workers, in accordance with article 23, paragraph 3, of the Constitution of the ILO, the Committee requests the Government to supply this information and to indicate any comments that may be made by these organizations.

CMNT_TITLE

The Committee notes the Government’s reports received in 1997 and 1999 in reply to its previous comments, as well as the information contained in the annual reports of the Department of Labour for 1996 and 1998 concerning certain of the activities of the labour inspection services. It wishes to draw the Government’s attention to and request it to provide additional information on the following points.

Articles 20 and 21 of the Convention.  The Committee notes that the 1998 annual report transmitted to the ILO in November 1999 concerns the mission and functions of the Department of Labour. It reminds the Government that the annual report, the preparation, publication and transmission to the ILO of which are required by Article 20 of the Convention, should cover the work of the inspection services under the control of the central inspection authority and should contain information on each of the subjects enumerated in Article 21. The Committee requests the Government to take the necessary measures to ensure that such a report is published regularly and that a copy is transmitted to the ILO within the time limits set out in Article 20.

Article 8.  In relation to this provision, the Government indicates the absence of discrimination against women. However, the Committee notes that it also refers to the low level of salaries as an obstacle to the recruitment of inspectors. The Committee would be grateful if the Government would indicate the proportion of women, their position in the hierarchy of the labour inspection staff and the salary scale of the public service.

Article 10.  The Committee notes that the staff of the Department of Labour is composed of a chief labour officer, assisted by an assistant chief labour officer, two senior labour officers and 13 labour officers, and that these numbers are inadequate in relation to needs. The Government states that, to resolve the low level of the salaries of labour inspectors, a supplementary sum is paid to them for three years following their recruitment. The Committee would be grateful if the Government would indicate, firstly, whether all the above officers form part of the staff of the labour inspection services and, if not, the exact numbers of the staff of the labour inspectorate and, secondly, if it would specify the manner in which the maintenance of labour inspectors in their jobs is ensured after the payment of the salary supplement comes to an end three years after their recruitment.

Article 11.  The Committee notes that, according to the Government, travelling and incidental expenses are reimbursed to officers who do not possess their own means of transportation and it would be grateful if the Government would indicate the manner in which inspectors who make use of their own vehicles for professional travel are reimbursed the expenses which they occasion and if it would supply copies of the legal texts governing the cases and procedures for the reimbursement of the expenditure incurred in both cases, as well as the texts requiring the use by labour inspectors of public transport for their professional travel.

Article 16.  The Committee notes that the statistical data provided on the inspections undertaken between 1993 and 1998 concerns all economic sectors and does not allow an assessment to be made of the extent to which the Convention is applied. Such an assessment is only possible if figures are available on the number of workplaces liable to inspection and the number of workers employed therein. This information should be provided separately for the industrial workplaces covered by the Convention and should include information concerning the frequency of inspections, the nature of inspections (regular, as a result of complaints or campaigns, following formal notice), with a view to demonstrating the manner in which effect is given to this provision, which states that workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions which come under the supervision of the labour inspection services. The Government is therefore requested to indicate the measures which have been taken with a view to the application of this provision.

CMNT_TITLE

The Committee notes the information provided by the Government in its reports of 1994 and 1995.

1. Articles 10, 11 and 16 of the Convention. The Committee notes that the situation of the inspection service in the country has not improved: the number of inspectors, instead of the required 21, has decreased to four (previously seven), all of whom are presently based at the Head Office; the regions are only served periodically; inspection visits have declined. It further notes that there has been limited improvement to the central office and that local offices still need to be refurbished. The Committee recalls that the number of inspectors and the transport and other facilities provided should be sufficient to ensure that workplaces are inspected as often and as thoroughly as is necessary. It hopes that measures will be taken to improve the application of the Convention and it reiterates its previous suggestion that the Government solicit the assistance of the Office in this regard.

2. Articles 20 and 21(a), (b), (c), (f) and (g). The Committee notes once again that annual labour inspection reports indicated in the Government's reports as having been sent have not reached the Office. The Committee recalls the need to publish and supply to the Office within the time-limits laid down in Article 20 annual labour inspection reports containing all the particulars listed in Article 21. Referring to its comments on Articles 10, 11 and 16 above, the Committee reiterates its suggestion that the Government consider soliciting the ILO assistance so as to envisage resumption of better compliance with the requirements of the Convention in this respect.

3. The Committee takes note with interest of the information that technical assistance is being provided by the Office in drafting a comprehensive Occupational Safety and Health Act which will include provisions on some aspects of inspection. Please provide particulars on developments in this respect.

CMNT_TITLE

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:

Articles 10, 11 and 16 of the Convention. The Committee notes that the economic situation in the country has not improved enough to provide all inspectors with the necessary transport facilities and to attract persons to the job in order to increase their number. It again recalls that the number of inspectors and the transport and other facilities provided should be sufficient to ensure that all workplaces are inspected as often and as thoroughly as necessary. It hopes that it will be possible for new measures to be taken shortly to improve the application of the Convention.

Articles 20 and 21(a), (b), (c), (f) and (g). The Committee recalls that annual general reports on the work of the inspection services are required to be published and transmitted within the time-limits laid down in Article 20 of the Convention. It hopes the Government will be able to make further progress in preparing these reports and that they will also contain, among other relevant subjects, the pertinent laws and regulations, the staff of the labour inspection service, statistics of workplaces liable to inspection and the number of workers employed therein, statistics of industrial accidents, and statistics of occupational diseases, as required by the Convention.

The Committee wishes to point out that the technical help of the Office is available to assist the Government in addressing these points.

CMNT_TITLE

Further to its previous comments, the Committee notes the Government's report and the brief information contained in the summary of inspections carried out for the years 1987 and 1988.

Articles 10, 11 and 16 of the Convention. The Committee notes that the economic situation in the country has not improved enough to provide all inspectors with the necessary transport facilities and to attract persons to the job in order to increase their number. It again recalls that the number of inspectors and the transport and other facilities provided should be sufficient to ensure that all workplaces are inspected as often and as thoroughly as necessary. It hopes that it will be possible for new measures to be taken shortly to improve the application of the Convention.

Articles 20 and 21(a), (b), (c), (f) and (g). The Committee recalls that annual general reports on the work of the inspection services are required to be published and transmitted within the time-limits laid down in Article 20 of the Convention. It hopes the Government will be able to make further progress in preparing these reports and that they will also contain, among other relevant subjects, the pertinent laws and regulations, the staff of the labour inspection service, statistics of workplaces liable to inspection and the number of workers employed therein, statistics of industrial accidents, and statistics of occupational diseases, as required by the Convention.

CMNT_TITLE

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:

Articles 10, 11 and 16 of the Convention. With reference to its earlier comments, the Committee notes from the Government's report that no progress has been made towards ensuring more effective application of these Articles of the Convention. While noting that the Government is facing economic difficulties, it expresses the hope that it will be possible to increase the number of labour inspectors and that appropriate measures will be taken to provide all inspectors with the necessary transport facilities for them to visit workplaces regularly. It asks the Government, in its future reports, to provide detailed information on any new measures taken to this end.

Article 20. The Committee notes that the annual labour inspection reports have not reached the International Labour Office. It hopes that, in future, these reports will be transmitted within the time-limits laid down in Article 20 of the Convention.

CMNT_TITLE

Articles 10, 11 and 16 of the Convention. With reference to its earlier comments, the Committee notes from the Government's report that no progress has been made towards ensuring more effective application of these Articles of the Convention. While noting that the Government is facing economic difficulties, it expresses the hope that it will be possible to increase the number of labour inspectors and that appropriate measures will be taken to provide all inspectors with the necessary transport facilities for them to visit workplaces regularly. It asks the Government, in its future reports, to provide detailed information on any new measures taken to this end.

Article 20. The Committee notes that the annual labour inspection reports for 1987 and 1988 have not reached the International Labour Office. It hopes that, in future, these reports will be transmitted within the time-limits laid down in Article 20 of the Convention.