Labour Inspection Convention, 1947 (No. 81) - Syrian Arab Republic (RATIFICATION: 1960)

CMNT_TITLE_CAS

A Government representative requested an extension of the deadline for supplying the Government's inspection reports. In order to obtain the statistics and information needed under the Convention, it was necessary to contact various government bodies such as the Directorate of Social and Labour Affairs. Moreover, this information concerning the different districts had to be authenticated by the Central Statistical Office. He indicated that it was necessary for the Government to enter into consultation with the employers' and workers' organisations to improve labour inspection. Finally, he noted that he had supplied a first inspection report to the ILO, and he hoped that this would satisfy the Committee.

The Employers' members stated that they could not comment on the substance of the matter because the Experts' report noted only that inspection reports had not been supplied for several years. They were aware that preparation and publication of these reports required time. Nevertheless, they emphasised that the obligation under the Convention was to publish and supply such reports to the ILO on an annual basis. The Employers' members noted that the Government had supplied inspection reports immediately prior to the Conference, which amounted to a first step, and hoped that such reports would be supplied regularly in the future.

The Workers' members joined in the comments and the request of the Employers' members.

The Committee noted the information given by the Government. It recalled its repeatedly expressed views on the importance of the yearly reports on labour inspection. It sincerely hoped that the Government would comply with the requirements of the Convention in that respect.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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 (agriculture) together.

The Committee acknowledges the complexity of the situation prevailing on the ground due to the presence of armed groups and armed conflict in the country.

Articles 4 and 5 of Convention No. 81 and Articles 7 and 12 of Convention No. 129. Labour inspection structure and organization. In its previous comment, the Committee noted that the Ministry of Social Affairs was separated from the Ministry of Labour in 2013 and that the new organizational structure of the Ministry of Labour provided for an independent Directorate for labour inspection. The Committee notes the Government’s indications in its report that the Ministry of Social Affairs was re-merged with the Ministry of Labour to create the Ministry of Social Affairs and Labour pursuant to Act No. 16 of 31 July 2016. It further notes that, according to the Government, the labour inspection system in place prior to this merger remains in place, with no changes. The Committee requests the Government to provide information on the structure of the labour inspection system within the Ministry of Social Affairs and Labour, including an organizational chart, if available, and information on collaboration between officials of the labour inspection system and employers and workers or their organizations.

Articles 5(a), 20 and 21 of Convention No. 81 and Articles 12(1), 26 and 27 of Convention No. 129. Data on labour inspection to facilitate the preparation of annual labour inspection reports. Following its previous comment, the Committee notes the Government’s indications that efforts have been undertaken to create an automated database of inspection records to the extent currently possible, as a first step to monitoring the situation and compiling labour inspection data at the national level in order to pave the way for the preparation of an annual labour inspection report. It further notes that this database will be developed to contain full data on workplaces once the current crisis in the country ends, as stable and accurate data are not available with accuracy under the present circumstances. Acknowledging the difficult situation prevailing in the country, the Committee encourages the Government to pursue its efforts, and to continue to provide information and indicate any progress made towards the preparation of annual labour inspection reports.

Issues specifically concerning labour inspection in agriculture

Articles 9, 14 and 15 of Convention No. 129. Recruitment and training of labour inspectors specializing in agriculture. Following its previous comment, the Committee notes the Government’s indications that the number of labour inspectors in agriculture decreased from 20 to 13 between 2013 and 2019 and that there are four governorates where there are no labour inspectors deployed. The Committee also notes the Government’s indications that inspectors in agriculture undergo initial and subsequent training and that a number of training courses for agricultural inspectors have been held in recent years with a view to enabling the Ministry to build the capacities of agricultural labour inspectors in four governorates. The Committee encourages the Government to pursue its efforts to ensure that labour inspectors are adequately trained for the performance of their duties in the agricultural sector, and to provide information on the measures taken or envisaged. It requests the Government to continue to provide information on the recruitment of labour inspectors specializing in agriculture, including the number of inspectors.

CMNT_TITLE

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 (agriculture)) together.

The Committee acknowledges the complexity of the situation prevailing on the ground due to the presence of armed groups and armed conflict in the country.

Articles 4 and 5 of Convention No. 81 and Articles 7 and 12 of Convention No. 129. Labour inspection structure and organization. In its previous comment, the Committee noted that the Ministry of Social Affairs was separated from the Ministry of Labour in 2013 and that the new organizational structure of the Ministry of Labour provided for an independent Directorate for labour inspection. The Committee notes the Government’s indications in its report that the Ministry of Social Affairs was re-merged with the Ministry of Labour to create the Ministry of Social Affairs and Labour pursuant to Act No. 16 of 31 July 2016. It further notes that, according to the Government, the labour inspection system in place prior to this merger remains in place, with no changes. The Committee requests the Government to provide information on the structure of the labour inspection system within the Ministry of Social Affairs and Labour, including an organizational chart, if available, and information on collaboration between officials of the labour inspection system and employers and workers or their organizations.

Articles 5(a), 20 and 21 of Convention No. 81 and Articles 12(1), 26 and 27 of Convention No. 129. Data on labour inspection to facilitate the preparation of annual labour inspection reports. Following its previous comment, the Committee notes the Government’s indications that efforts have been undertaken to create an automated database of inspection records to the extent currently possible, as a first step to monitoring the situation and compiling labour inspection data at the national level in order to pave the way for the preparation of an annual labour inspection report. It further notes that this database will be developed to contain full data on workplaces once the current crisis in the country ends, as stable and accurate data are not available with accuracy under the present circumstances. Acknowledging the difficult situation prevailing in the country, the Committee encourages the Government to pursue its efforts, and to continue to provide information and indicate any progress made towards the preparation of annual labour inspection reports.

Issues specifically concerning labour inspection in agriculture

Articles 9, 14 and 15 of Convention No. 129. Recruitment and training of labour inspectors specializing in agriculture. Following its previous comment, the Committee notes the Government’s indications that the number of labour inspectors in agriculture decreased from 20 to 13 between 2013 and 2019 and that there are four governorates where there are no labour inspectors deployed. The Committee also notes the Government’s indications that inspectors in agriculture undergo initial and subsequent training and that a number of training courses for agricultural inspectors have been held in recent years with a view to enabling the Ministry to build the capacities of agricultural labour inspectors in four governorates. The Committee encourages the Government to pursue its efforts to ensure that labour inspectors are adequately trained for the performance of their duties in the agricultural sector, and to provide information on the measures taken or envisaged. It requests the Government to continue to provide information on the recruitment of labour inspectors specializing in agriculture, including the number of inspectors.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in it previous comments.

Repetition

Follow-up given to the recommendations made in the 2010 needs assessment on labour inspection. The Committee previously noted that the Government had expressed its firm intention to follow up on the recommendations made in the labour inspection needs assessment conducted by the ILO in 2010, and that some of these recommendations had already been taken into account in a number of provisions of the Labour Code, No. 17/2010 adopted in 2010. The Committee notes that these recommendations concern the effectiveness of the labour inspection system and should, once implemented, improve the application of the principles contained in the Convention.

In this regard, the Committee notes that some of the measures taken that the Government refers to in its report give further effect to some of the recommendations made in the 2010 needs assessment.

1. Adoption of regulations implementing the Labour Code, No. 17/2010. The Committee previously requested the Government to provide a copy of any implementing texts provided for under the 2010 Labour Code. In this regard, the Committee notes the Government’s reference to a number of decisions implementing different sections of the Labour Code. It notes, in particular, Decision No. 19 of 2010 in application of section 250 of the Labour Code containing regulations on labour inspection. The Committee will examine these regulations once a translation is available.

The Committee also notes Decision No. 25 of 2010 giving effect to section 249(e) of the Labour Code, and containing sample forms for labour inspection in the areas of labour conditions and occupational safety and health. In this context, the Committee recalls that the 2010 labour inspection needs assessment found that the checklist used by labour inspectors was too concise to provide labour inspectors with the minimum information required for labour inspection, leading to poor quality inspections and resulting in the most important issues remaining uncovered.

2. Articles 4 and 5 of the Convention. Labour inspection structure and organization. The Committee notes the Government’s indications that the Ministry of Social Affairs was separated from the Ministry of Labour by virtue of Legislative Decree No. 150 of 2013. It further notes that, according to the Government, the new organizational structure of the Ministry of Labour provides for an independent Directorate for labour inspection (under the former structure, labour inspection was organized as a unit within a directorate). It notes the Government’s indications that these changes will result in significant developments with regard to labour inspection. In this regard, the Committee recalls the recommendations in the 2010 labour inspection needs assessment that a large independent institution, integrating most labour inspection services, was considered the best option for the structure and organization of labour inspection.

3. Articles 5(a), 20 and 21. Establishment of a database containing information on the number of workplaces liable to inspection as well as data on labour inspection to facilitate the preparation of annual labour inspection reports. The Committee notes the Government’s indications that work is under way to establish a modern database containing inspection data with a view to preparing the annual reports on labour inspection. It notes that the Government indicates that, once the crisis subsides, this database will be further developed so as to include full data on workplaces which are unavailable in view of the current situation.

The Committee requests the Government to continue to provide information, where applicable, on the progress made in the implementation of the recommendations of the 2010 labour inspection needs assessment, with a view to giving full effect to the abovementioned provisions of the Convention.

CMNT_TITLE

Follow-up given to the recommendations made in the 2010 needs assessment on labour inspection. The Committee previously noted that the Government had expressed its firm intention to follow up on the recommendations made in the labour inspection needs assessment conducted by the ILO in 2010, and that some of these recommendations had already been taken into account in a number of provisions of the Labour Code, No. 17/2010 adopted in 2010. The Committee notes that these recommendations concern the effectiveness of the labour inspection system and should, once implemented, improve the application of the principles contained in the Convention.

In this regard, the Committee notes that some of the measures taken that the Government refers to in its report give further effect to some of the recommendations made in the 2010 needs assessment.

1. Adoption of regulations implementing the Labour Code, No. 17/2010. The Committee previously requested the Government to provide a copy of any implementing texts provided for under the 2010 Labour Code. In this regard, the Committee notes the Government’s reference to a number of decisions implementing different sections of the Labour Code. It notes, in particular, Decision No. 19 of 2010 in application of section 250 of the Labour Code containing regulations on labour inspection. The Committee will examine these regulations once a translation is available.

The Committee also notes Decision No. 25 of 2010 giving effect to section 249(e) of the Labour Code, and containing sample forms for labour inspection in the areas of labour conditions and occupational safety and health. In this context, the Committee recalls that the 2010 labour inspection needs assessment found that the checklist used by labour inspectors was too concise to provide labour inspectors with the minimum information required for labour inspection, leading to poor quality inspections and resulting in the most important issues remaining uncovered.

2. Articles 4 and 5 of the Convention. Labour inspection structure and organization. The Committee notes the Government’s indications that the Ministry of Social Affairs was separated from the Ministry of Labour by virtue of Legislative Decree No. 150 of 2013. It further notes that, according to the Government, the new organizational structure of the Ministry of Labour provides for an independent Directorate for labour inspection (under the former structure, labour inspection was organized as a unit within a directorate). It notes the Government’s indications that these changes will result in significant developments with regard to labour inspection. In this regard, the Committee recalls the recommendations in the 2010 labour inspection needs assessment that a large independent institution, integrating most labour inspection services, was considered the best option for the structure and organization of labour inspection.

3. Articles 5(a), 20 and 21. Establishment of a database containing information on the number of workplaces liable to inspection as well as data on labour inspection to facilitate the preparation of annual labour inspection reports. The Committee notes the Government’s indications that work is under way to establish a modern database containing inspection data with a view to preparing the annual reports on labour inspection. It notes that the Government indicates that, once the crisis subsides, this database will be further developed so as to include full data on workplaces which are unavailable in view of the current situation.

The Committee requests the Government to continue to provide information, where applicable, on the progress made in the implementation of the recommendations of the 2010 labour inspection needs assessment, with a view to giving full effect to the abovementioned provisions of the Convention.

CMNT_TITLE

The Committee notes the general human rights situation in the country as referred to in its comments under the Abolition of Forced Labour Convention, 1957 (No. 105). It also notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

The Committee notes the Government’s favourable reception to the labour inspection audit carried out by the ILO in the context of the Decent Work Country Programme. Furthermore, it notes, according to information available to the ILO, that the Government has expressed its firm intention to continue the cooperation with a view to following up on the audit’s recommendations, particularly the one concerning the establishment of a structure responsible for developing the training and human resources of the labour inspectorate.

The Committee notes that some of the audit’s recommendations were already taken into account with the adoption of the new Labour Code under Act No. 17/2010, inasmuch as the labour inspection services were strengthened by provisions ensuring that inspectors have the authority and credibility they need in the exercise of their functions, and guaranteeing that they will not be vested with any responsibilities liable to prejudice their mandate or prevent the exercise of this mandate (section 250). It particularly notes in this respect that labour inspectors will henceforth be recruited on the basis of skills criteria related to the functions they will have to assume: candidates for the post of labour inspectors dealing with general working conditions will be required to have a degree in law or economy, whereas those making a career as occupational safety and health inspectors will be obliged to have a degree in natural sciences, chemistry, pharmacy or engineering (section 245). The number of each category of inspectors will be determined by decree issued at the recommendation of the Minister of Labour. According to sections 253 and 254, labour inspectors will have legal protection from their ministry against anyone inflicting any physical or moral injuries on them in the course of their missions.

Subsequent implementing texts will determine the inspectors’ remuneration scheme (issued in coordination with the Ministry of Finance (section 247(b)), the extent of their right of entry into establishments liable to inspection, as well as their supervisory prerogatives and powers to prosecute those having committed a violation (sections 247(a), 250(b) and 251).

The Committee also notes that the principle of absolute confidentiality as to the source of complaints has finally been set forth in the legislation (section 249(g)) and hopes that measures will be taken to ensure that this obligation of confidentiality extends to the existence of any link between the inspection visit and a complaint, as this is a prerequisite for the protection of employees against any risk of reprisals on the part of the employer.

The Committee trusts that this active cooperation between the Government and the ILO with a view to implementing the recommendations of the labour inspection audit will continue with due regard for the principles contained in the Convention, and taking into account the relevant guidelines of the Labour Inspection Recommendation, 1947 (No. 81), as well as those contained in the general observations made by the Committee in 2007, on the need for effective cooperation between the labour inspection services and the justice system; in 2009 on the importance of having and updating a register of workplaces; and, in 2010, on the usefulness of publishing an annual report of the activities of the labour inspection services enabling them to evaluate the results of the work they have been assigned and subsequently, to determine the means necessary to improve their effectiveness.

The Committee requests the Government to inform the ILO of the progress made, as well as of any possible difficulties encountered in the implementation of the audit’s recommendations, and to send it a copy of any relevant texts, in particular the implementing texts provided for under sections 245, 247, 250 and 251 of the new Labour Code.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with interest the Government’s favourable reception to the labour inspection audit carried out by the ILO in the context of the Decent Work Country Programme. Furthermore, it notes, according to information available to the ILO, that the Government has expressed its firm intention to continue the cooperation with a view to following up on the audit’s recommendations, particularly the one concerning the establishment of a structure responsible for developing the training and human resources of the labour inspectorate.

The Committee notes with interest that some of the audit’s recommendations were already taken into account with the adoption of the new Labour Code under Act No. 17/2010, inasmuch as the labour inspection services were strengthened by provisions ensuring that inspectors have the authority and credibility they need in the exercise of their functions, and guaranteeing that they will not be vested with any responsibilities liable to prejudice their mandate or prevent the exercise of this mandate (section 250). It particularly notes in this respect that labour inspectors will henceforth be recruited on the basis of skills criteria related to the functions they will have to assume: candidates for the post of labour inspectors dealing with general working conditions will be required to have a degree in law or economy, whereas those making a career as occupational safety and health inspectors will be obliged to have a degree in natural sciences, chemistry, pharmacy or engineering (section 245). The number of each category of inspectors will be determined by decree issued at the recommendation of the Minister of Labour. According to sections 253 and 254, labour inspectors will have legal protection from their ministry against anyone inflicting any physical or moral injuries on them in the course of their missions.

Subsequent implementing texts will determine the inspectors’ remuneration scheme (issued in coordination with the Ministry of Finance (section 247(b)), the extent of their right of entry into establishments liable to inspection, as well as their supervisory prerogatives and powers to prosecute those having committed a violation (sections 247(a), 250(b) and 251).

The Committee also notes that the principle of absolute confidentiality as to the source of complaints has finally been set forth in the legislation (section 249(g)) and hopes that measures will be taken to ensure that this obligation of confidentiality extends to the existence of any link between the inspection visit and a complaint, as this is a prerequisite for the protection of employees against any risk of reprisals on the part of the employer.

The Committee trusts that this active cooperation between the Government and the ILO with a view to implementing the recommendations of the labour inspection audit will continue with due regard for the principles contained in the Convention, and taking into account the relevant guidelines of the Labour Inspection Recommendation, 1947 (No. 81), as well as those contained in the general observations made by the Committee in 2007, on the need for effective cooperation between the labour inspection services and the justice system; in 2009 on the importance of having and updating a register of workplaces; and, in 2010, on the usefulness of publishing an annual report of the activities of the labour inspection services enabling them to evaluate the results of the work they have been assigned and subsequently, to determine the means necessary to improve their effectiveness.

The Committee requests the Government to inform the ILO of the progress made, as well as of any possible difficulties encountered in the implementation of the audit’s recommendations, and to send it a copy of any relevant texts, in particular the implementing texts provided for under sections 245, 247, 250 and 251 of the new Labour Code.

CMNT_TITLE

Content of the information sent in response to the Committee’s comments. Legal aspects and practical scope. While noting the information on the process under way to adopt a new Labour Code concerning health supervision in enterprises, and certain information on the policy to prevent discrimination, prohibit human trafficking and protect domestic workers, the Committee notes that the Government has not replied to its previous comments, particularly those on the effect given in law and in practice to the provisions of the Convention.

It further notes that despite the Government’s stated intention, no annual inspection report has reached the Office. It points out that this is an obligation deriving not only from Articles 20 and 21 of the Convention, but also from section 41 of the regulations governing the bodies competent for health and safety. Furthermore, as the Government observes, labour inspection is high on the list of priorities in the Decent Work Country Programme agreed with the social partners in 2008 and publication of an inspection report has been recognized as essential, as the Committee has pointed out consistently since 2001.

The Committee is therefore bound to ask the Government in its next report to provide more than merely general or theoretical information on the manner in which effect is given to the Convention. It reiterates its previous request for the Government to provide copies of all the implementing texts adopted in the areas covered by the Convention, particularly regarding the establishment and operation in practice of occupational safety and health committees, and to send information to the Office, including relevant figures, on the impact of these measures in terms of the inspections carried out and trends in the occupational accidents and cases of occupational disease recorded.

Noting that the Government’s report does not reply to the Committee’s request for specific information on the role attributed to labour inspectors in the implementation of projects for international cooperation in the area of labour migration, and says nothing of the role they are called on to play in the context of the widespread shift towards enterprise privatization, the Committee once again asks the Government to provide this information together with statistics and any other relevant documentation.

The Committee also once again asks the Government to ensure, in accordance with Article 20, that an annual report on the work of the inspectorate containing the information requested under Article 21(a)–(g) is actually published by the central inspection authority and that a copy is sent to the ILO as soon as it is published. Compliance with this obligation is doubly essential: first, for the Committee and the other ILO supervisory bodies in performing their functions with respect to this Convention; and, secondly, for the need for the central labour inspection authority, other competent authorities and the social partners to be informed about the work of the labour inspectorate in law and in practice, with a view to contributing to its improvement.

Lastly, the Committee would be grateful if the Government would keep the ILO informed of any developments in the functioning of the labour inspectorate in the context of implementation of the Decent Work County Programme.

CMNT_TITLE

Article 5(b) of the Convention. Collaboration between officials of the labour inspectorate and employers and workers or their organizations. With reference to its previous comments, the Committee notes with interest the information describing the measures taken in accordance with Article 5(b) of the Convention in order to promote collaboration between the labour inspection services and employers and workers and their organizations with regard to prevention of occupational safety and health risks. It notes that other measures are planned, such as: holding symposiums aimed at increasing employers’ interest in prevention; developing statistics reflecting the real situation with regard to industrial accidents and occupational diseases; finding resources to encourage employers and workers to become involved in achieving the goal of reducing occupational risks; using posters, radio programmes and other media to publicize the importance of occupational safety and health and their impact on the protection of workers and also environmental protection; actions to promote the role and activities of labour inspectors, and also the cooperation of workers during inspections; and, finally, setting up a national tripartite committee for occupational safety and health. The Committee would be grateful if the Government would keep the ILO informed of the practical implementation of such measures, and also of the impact of the measures implemented on changing the situation with regard to occupational health and safety, in terms of industrial accidents and cases of occupational disease. The Government is also requested to indicate whether, as advocated by Paragraph 4(2) of Labour Inspection Recommendation, 1947 (No. 81), safety and health committees are operating within undertakings or establishments and, if so, to send copies of texts concerning their establishment, role and functioning.

Articles 20 and 21. Publication of an annual report on the work of the inspection services. Further to its previous comments and with reference to the Government’s statement that an annual inspection report is being prepared and should be published within the prescribed deadline, the Committee hopes that the necessary steps will be taken as soon as possible and a copy of such a report will be sent immediately to the ILO.

Regional and international cooperation. The Committee notes that a mission from the ILO Bureau for Workers’ Activities (ACTRAV), received in Damascus from 14 to 17 December 2007, was invited to open a seminar of Arab women trade union leaders and meet officials of the International Confederation of Arab Trade Unions (ICATU) and also the president of the General Federation of Syrian Trade Unions (GFSTU). Noting that the subjects covered concerned in particular the fight against discrimination, measures to improve working conditions of migrant workers, and also the impact of the vast movement for the privatization of enterprises in the country, the Committee would be grateful if the Government would supply information to the Office on any involvement of the labour inspection services in any actions contemplated in response to the concerns expressed.

CMNT_TITLE

The Committee notes the Government’s report and the documents attached. Referring to its previous comments, it requests the Government to provide in its next report additional information on the following points.

Collaboration between employers and workers. Please describe the measures taken or envisaged in accordance with Article 5(b) of the Convention in order to encourage collaboration between the labour inspection services and the employers or workers or their organizations with a view, among other things, to the implementation of preventive occupational safety measures.

Publication of an annual report. The Committee notes that since 2001 no annual report on the work of the inspection services has been communicated to the International Labour Office. It points out in this regard the importance of publishing and communicating regularly to the International Labour Office an annual report that complies in both form and substance with the provisions of Articles 20 and 21 of the Convention. The Committee invites the Government to ensure that such a report is regularly published and communicated to the International Labour Office.

CMNT_TITLE

The Committee notes the Government’s report and the information it contains in reply to its previous comments, as well as the transmission of the 2001 annual inspection report and the decrees issued in 2001 fixing the minimum age for admission to certain occupations. It takes note with interest of the Circular of 26 April 2001 requesting the regional directorates to provide the labour inspection services with the human resources and the material means which would enable them to carry out the inspections of the undertakings falling within their field of competence, with a view to supervising the compliance with the recently amended legal provisions concerning the minimum age for admission to employment.

In addition, the Committee notes the information regarding the content of the Order of the President of the Council of Ministers No. 2907 of 2003 regarding the obligation of all public institutions to incorporate into their work regulations general principles in respect of safety and health at the workplace and the working environment. It further notes with interest the information concerning the priority accorded by the Government and the General Confederation of Workers to the question of occupational risks and the measures aiming at raising the workers’ awareness both in the public and the private sectors. The Committee would be grateful to the Government for providing a copy of the abovementioned Order as well as information on any cooperation between the inspection services and workers’ and employers’ organizations with a view to applying preventive measures in matters of work safety.

Finally, the Government is requested to indicate whether the annual report of the Labour Inspectorate concerning agricultural enterprises has been published as provided for in Article 20, paragraphs 1 and 2 of the Convention. If this is not the case, the Committee hopes that the Government will ensure that measures are taken to give effect to these provisions so that the social partners concerned are informed of the efforts undertaken to progressively adapt the means at the disposal of labour inspection services to current needs and so that they may also express their views on possible improvements.

CMNT_TITLE

The Committee notes the Government’s report, the replies to its previous comments, the annual inspection report and the statistical tables for 1999.

Labour inspection and child labour. With reference to its general observation of 1999, the Committee notes with interest the provisions of Law No. 24 of 2000 amending certain provisions of the Labour Code, and particularly those relating to the minimum age for employment. It hopes that this law will rapidly be supplemented by regulations for its implementation in practice and that inspectors will be provided with the necessary means to supervise its application in an effective manner. It would be grateful if the Government would provide copies of such texts and keep the ILO informed of the progress attained in relation to the Bill on compulsory education prepared in collaboration between the Ministry of Social Affairs and Labour and the other state bodies concerned.

Improvement of occupational safety and health. The Committee notes with interest the establishment of six additional occupational safety and health centres, thereby bringing their number to ten throughout the country. The Government indicates that the functions of these centres are, firstly, to provide guidance to enterprises in the field of occupational safety and health and, secondly, to inspect the above enterprises, and that the centres have been allocated technical human resources and equipment for preventive care. The Committee would be grateful if the Government would provide copies of the basic texts determining the establishment, functions and operation of these centres and details of the composition of their technical staff.

The Committee would also be grateful if the Government would provide information on the number and categories of persons who benefited, in the context of the national occupational safety and health programme, from awareness-raising sessions for workers exposed to occupational risks over recent years.

Statistics on workplaces liable to inspection by the labour inspectorate. With reference to its previous comments and noting, firstly, the detailed information provided by the Government on the nature and aims of labour inspections carried out by the inspection services and, secondly, the relevant statistical tables for 1999, the Committee reminds the Government that, in order to assess the effectiveness of labour inspection, it is necessary to have information available on the number of workplaces liable to inspection (Article 21(c) of the Convention). It therefore once again requests the Government to ensure that this information is henceforth included in the annual inspection report.

Publication of an annual report on the inspection services. With reference to its previous comments, the Committee would be grateful if the Government would take the necessary measures to ensure that the annual inspection report is published and communicated to the ILO within the time limits set out in Article 20 of the Convention.

CMNT_TITLE

The Committee notes the Government’s report in reply to its comments. It notes that, according to the Government, the rarity of cases of infringements brought before the courts reflects the generally high level of application of the law. However, the Committee notes in the statistical tables provided by the Government a constant increase in the number of industrial accidents and occupational diseases between 1991 and 1998, with the number of deaths being quadrupled during that period. The Committee would be grateful if the Government would provide information on the measures which have been taken or are envisaged to make the necessary improvements in occupational safety and health conditions and once again requests it to provide information on the draft legislation announced in its previous report to establish a coordinating body between the various ministries responsible for occupational safety.

The Committee also notes that, while the number of inspections and their purpose is indicated in the tables of the annual report, it remains difficult to assess the effectiveness of the inspection services in relation to the number of workplaces liable to inspection, which is not indicated. The Committee therefore once again requests the Government to indicate the number of workplaces liable to inspection so that it can evaluate the manner in which effect is given to Article 16 respecting the frequency and thoroughness of inspections.

Finally, the Committee once again requests the Government to provide information demonstrating that, in accordance with the requirements of Article 20, an annual report on the activities of the inspection services, covering the subjects enumerated in Article 21(a) to (g), is published within the required time limits.

CMNT_TITLE

The Committee notes the detailed information contained in the Government's report received in August 1997. It also notes the annual reports of the inspection services for 1995, 1996 and 1997. The Government attention is drawn to the following points.

Articles 3, 13, 16 and 17 of the Convention. The Committee notes the small number of reports referred to justice following infringements of labour legislation relative to the number of routine inspection visits. It observes that the only cases subject to legal proceedings are those arising from receipt of complaint or denunciation. In this connection, the Committee notes from the information contained in the annual report for 1997, that inspection visits consist of questioning workers and employers and by examining various records. This procedure does not seem to answer fully to the requirements of Article 16 of the Convention, which stipulates that workplaces should be inspected as thoroughly as is necessary. This provision implies that labour inspectors should also carry out thorough inspections of the premises, installations, and, where necessary the living accommodation provided for the workers on or near the workplace, in particular testing the safety of working equipment and tools and also the quality and storing of products and provisions. Respect of the pertinent legislation is only possible through thorough inspection visits, to reveal such anomalies as may jeopardize safety and health at work or endanger the well-being of workers, and allowing the removal of these anomalies or the initiation of civil or criminal proceedings in conformity with Articles 13 and 17. However, the Committee notes that a large proportion of the activities of the labour inspectorate consists in resolving individual or collective disputes to the detriment of inspection activities. The Committee must remind the Government that if the Convention is to be correctly applied, the principal functions of the labour inspection services must be those set forth in Article 3, paragraph 1, and that, if any further duties are entrusted to labour inspectors, they must not, according to paragraph 2 of the same Article, be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Government should take the appropriate measures in the near future to reassert the principal duties of the labour inspection services in the terms defined by the Convention, as opposed to such functions as mediation, arbitration or the resolving of individual or collective disputes. The Committee would be grateful if the Government would indicate in its next report the measures taken or envisaged in this regard.

Article 5. With reference to a Government report announcing a draft Act establishing a coordinating body between the various Ministries responsible for the safety of workers, the Committee requests the Government to supply all information or a copy of any text in this connection.

Article 8. Noting with interest the consistent increases in the number of inspectors from 1996 to 1997, as well as the information that the Acts governing the public service statute of 1950 and 1985 do not provide for any discrimination on the basis of sex for appointment to posts in the public service, the Committee would be grateful if the Government would provide details on the number and distribution by sex of labour inspectors and indicate in what manner effect is given to this provision of the Convention, specifying, where necessary that special duties may be assigned to men and women inspectors.

Articles 20 and 21. The Committee notes with interest the information supplied in the annual reports of the inspection services regarding Article 21(a), (b), (d), (e), (f), and (g). To allow an overall appreciation of the application of the Convention, information should also be provided on Article 21(c), regarding statistics of workplaces liable to inspection and the number of workers employed therein. Please also indicate whether the annual reports of the inspection services are published regularly within the time limits set forth in Article 20 so that the information contained therein may be brought to the attention of the parties concerned. The Committee requests the Government to supply this information in its next report.

CMNT_TITLE

Article 5(a) of the Convention. Further to its previous comments, the Committee notes that the Government's report repeats the information that the Bill to provide for a coordinating body of the various ministries involved in the safety of workers and the working environment to be named the Environmental Safety Organization has not yet been adopted but that the Ministry of Labour has requested the Social Security Institution as well as the Ministry of the Environment to provide it with information on developments in this respect. The Committee renews its hope that the Government will adopt the Bill shortly and send a copy of the adopted text.

Articles 8, 10 and 21(a). Further to its observation, the Committee notes that the annual inspection reports for 1992 and 1993 do not provide information on the number of inspectors of different categories, taking also into account the requirements of Article 8 of the Convention, and including particulars of the geographical distribution of the inspection services. The Committee hopes future annual inspection reports will contain these particulars as required by these provisions of the Convention and the report form approved by the Governing Body.

CMNT_TITLE

Article 20 of the Convention. Further to its previous comments, the Committee notes with interest that the annual inspection reports for 1992 and 1993 have been received. It hopes the Government will continue to publish and transmit annual reports for subsequent years within the time-limits set out in Article 20 of the Convention.

The Committee is addressing certain other points in a direct request.

CMNT_TITLE

Article 5(a) of the Convention. Further to its previous comments, the Committee notes that the Bill to provide for a coordinating body of the various ministries involved in the safety of workers, entitled the Environmental Safety Organization, has not yet been adopted. It again requests the Government to indicate in its next report whether the Bill has become law, and to supply a copy.

CMNT_TITLE

Further to its previous observation the Committee notes the information supplied to the Conference Committee in 1992, the Government's report and the annual labour inspection reports for 1990 and 1991. It recalls the importance attached under Articles 20 and 21 of the Convention to the compilation and timely publication of such annual reports on labour inspection and again draws the Government's attention to the need for such reports at both the national and international levels to assess whether workplaces are being inspected as often and as thoroughly as necessary, in accordance with Article 16. The Committee is addressing a direct request to the Government concerning another point.

CMNT_TITLE

Article 5(a) of the Convention. Further to its earlier comments, the Committee notes that the Bill to provide for a coordinating body of the various ministries involved in the safety of workers, entitled the Environmental Safety Organisation, has been approved by the Council of Ministers but not yet adopted. It asks the Government to indicate in its next report whether the Bill has become law, and to supply a copy.

Articles 20 and 21. 1. Further to its observation, the Committee notes the report on the activities of the labour inspection service for 1989. The Committee would recall that under Article 20 a report of a general nature on the work of the inspection service must be published and communicated to the ILO each year. Please indicate whether the 1989 report has been published as required.

2. The Committee also notes that incomplete information is provided in the report with respect to the staff of the labour inspection service (Article 21(b)) and that statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) have not been provided. The Committee trusts that in the future reports containing information on all the subjects listed under Article 21, will be published and transmitted to the ILO within the periods laid down in Article 20.

CMNT_TITLE

In comments made over several years, the Committee has drawn attention to the need to compile, publish and transmit to the ILO each year inspection reports containing all the information required by the Convention (Articles 20 and 21). Such reports, duly prepared, are essential at both the national and international levels in order to assess whether workplaces are being inspected as often and as thoroughly as necessary, in accordance with Article 16. The Committee is again addressing a direct request to the Government concerning the implementation of these Articles.

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:

Article 5(a) of the Convention. With reference to its previous direct request, the Committee notes that the Bill to provide for the establishment of a co-ordinating body of the various ministries involved in the safety of workers, entitled the "Environmental Safety Organisation", has not yet been adopted. It reiterates the hope that this Bill will shortly be adopted and that a copy will be sent to the Committee.

Articles 10, 16, 20 and 21. The Committee recalls that under Article 20 of the Convention an annual report of a general nature on the work of the inspection services must be published and communicated to the ILO within 12 months from the end of the year covered. The Committee trusts that in the future, such reports, containing information on the subjects listed under Article 21, will be published and transmitted to the ILO within the periods laid down in Article 20.