All Comments

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 30 August 2023, and the observations of the Confederation of Haitian Workers (CTH) and the CTSP received on 2 November 2022.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

The Committee notes the observations of the Confederation of Haitian Workers (CTH) and the Confederation of Public and Private Sector Workers (CTSP) received on 2nd of November 2022.

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 1 September 2019.

Article 3(1)(b) of the Convention. Technical information and advice as a permanent function of the system of labour inspection. In its previous comments, the Committee noted that section 411 of the Labour Code stipulated that labour inspectors shall provide employers and workers with technical information and advice “where necessary”. It noted the Government’s proposal to modify the expression “where necessary”. The Committee requested the Government to keep it informed of any progress made so that the provision of technical information and advice to employers and workers is recognized as a permanent function of the labour inspectorate. The Committee notes the Government’s indication that the reform process pertaining to the Labour Code, which includes the deletion of the term “where necessary” from section 411, is at the stage wherein each party (Government, employers and workers) is preparing proposals to be submitted for assessment by an ILO expert for final recommendations. The Committee requests the Government to keep it informed of any developments concerning the amendment of section 411 of the Labour Code.

Articles 5 and 21(e). Effective cooperation with other government departments and with employers’ and workers’ organizations. The Committee notes the Government’s indication in reply to its previous comments, that: (i) the labour inspectorate is developing close relations with the social security bodies and the special labour mediation office for the textile industry, with the view to coordinating to ensure conformity of the social security enterprises and of the other general labour laws; (ii) monthly meetings are held to plan joint strategy interventions; and (iii) a joint visit of the enterprises was conducted in 2018 and others were planned in 2019. The Committee notes that, in the 2018 annual report of the labour administration, it was indicated that during the inspections carried out that year by inspectors from the western department, three cases of obstruction were identified and official statements were drawn up. The Committee also notes that the CTSP observes that there is no genuine cooperation between the labour inspectorate and the justice system, and that there is no system for the registration of judicial decisions, particularly regarding labour matters. The Committee recalls that, in conformity with Article 5of the Convention, the performance of labour inspection functions requires, in order to be effective in view of the objective pursued, broad cooperation of the main structures responsible with other Government services and public or private institutions engaged in similar activities, and that the labour inspectorate can attain its objectives only if appropriate measures are adopted by the competent authority to promote effective collaboration with employers and workers in its operations and activities. The Committee requests the Government to continue its efforts to strengthen cooperation with other Government services, with bodies of the justice system and with employers’ and workers’ organizations. The Committee once again requests the Government to provide statistics on the follow-up to reports of infringements submitted by the labour inspectorate to the judicial bodies and to state whether measures have been taken or envisaged to strengthen cooperation between the labour inspectorate and the justice system.

Article 7(3). Training of inspectors. The Committee notes that, further to its request to develop a training strategy, the Government indicates that: (i) through the project to build the capacities of the Ministry of Social Affairs and Labour (ILO/MAST), piloted by the ILO, labour inspectors received a number of training sessions in different areas relating to their function, thereby establishing a task force of 12 inspectors in the field and eight trainers; (ii) inspectors in the field, from the western and north-eastern departments, are responsible for replicating this training in their respective offices for those who did not participate; and trainers are tasked with training inspectors in the other departments based on a national training plan designed to that end; (iii) six of the ten departments in the country have already benefited from a training session by the task force trainers, and there are plans to replicate this training in four other departments in the country; and (iv) two training sessions would be held annually for each department, which included a follow-up session. Welcoming these measures, the Committee requests the Government to continue its efforts to strengthen training for inspectors and to keep the Committee informed of any developments in this regard.

Article 12. The right of inspectors to freely enter any workplace. The Committee notes the observations of the CTSP according to which, in certain export processing zones, inspectors are not authorized to visit and that employers choose the inspectors who are to conduct a visit in their factories. The Committee recalls that Article 12 of the Convention provides that labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee requests the Government to provide information on the way in which it is ensured that labour inspectors provided with proper credentials are empowered to enter freely any workplace liable to inspection, in conformity with Article 12(1) of the Convention.

Article 14. Notification and registration of industrial accidents and cases of occupational disease. The Committee notes that, in reply to its previous comments requesting the Government to describe in detail the system for the notification of industrial accidents and cases of occupational disease, the Government indicates that: (i) under section 35 of the Act of 28 September 1967, establishing the Employment Injury, Sickness and Maternity Insurance Office (OFATMA), employers are obliged to declare all accidents resulting in a day’s sick leave to the institution; and (ii) employers must also submit, on a monthly basis, a list to the OFATMA of all accidents occurring in their workplaces, in a form prepared for this purpose. The Committee also notes the CTSP’s indication that the only statistics in the country in relation to accidents are those of the OFATMA, which cover 3‒4 per cent of industrial accidents. The Committee notes that the Government has not provided any information on notification of occupational disease. The Committee requests the Government to ensure that the labour inspectorate is informed of industrial accidents and cases of occupational disease, and that representative statistics in this regard are included in the annual labour inspectorate report.

Articles 20 and 21. Annual labour inspection report. Further to its previous comments, the Committee notes the Government’s indication that, with the support of Better Work Haiti, there is a technological application available to it aimed at facilitating the collection and treatment of statistical data on labour inspection, to enable it to establish a statistical database of enterprises subject to monitoring by the General Labour Inspectorate. The Government adds that it envisages establishing a database that will allow it to attribute a unique social security number to all persons of working age. The Committee also notes that in the annex to its report, the Government includes the 2018 annual report of the labour administration, as well as inspection plans and schedules in the western department for 2017, 2018 and 2019, and in the north-eastern department for 2018. The Committee requests the Government to continue all efforts in the collection and treatment of data regarding labour inspection in order to conform with the obligation under Article 20 of the Convention to regularly prepare, publish and transmit to the ILO an annual inspection report containing full information on the work of the labour inspection services. The Committee also requests the Government to continue to provide it with all available statistics on the matter in the country.

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 30 August 2023, and the observations of the Confederation of Haitian Workers (CTH) and the CTSP received on 2nd of November 2022. The Committee requests the Government to provide its comments in this respect.

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

The Committee notes the observations of the Confederation of Haitian Workers (CTH) and the Confederation of Public and Private Sector Workers (CTSP) received on 2nd of November 2022. The Committee requests the Government to provide its comments in this respect.

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) received on 1 September 2019, in which it reiterated its observations of 2016, 2017 and 2018 and adds that the situation has deteriorated.

Articles 3, 12, 13, 15, 16, 17 and 18 of the Convention. Discharge of primary duties of the labour inspectorate. Appropriate sanctions. In its previous comment, the Committee noted the Government’s indications concerning the obstacles faced in applying the Convention in practice, particularly the inadequate numbers of labour inspectors, and requested the Government to supply detailed information together with statistics on the planning and implementation of systematic inspections throughout the country, including in the export processing zones, and also their results. The Committee notes the information provided by the Government concerning the planning and implementation of inspection visits in two of the ten departments in the country in several activity sectors, including: (i) in the western department: 64 inspections (32 initial inspections and 32 catch-up inspections) conducted in 2017; 16 inspections (11 of which in the textile industry), 31 unannounced inspection visits in enterprises and 24 investigations, conducted in 2018; and 42 visits planned and ten advice services carried out in 2019; and (ii) in the north-eastern department, ten initial inspections and ten follow-up inspections were conducted in 2018. The Government indicates that the main objective of labour inspection over this period has been redressing the inconformity identified, rather than imposing penalties. The Committee also notes that the CTSP in its observations indicates that inspectors do not provide technical advice to workers and employers, but limit themselves to calculating the statutory benefits due in disputes between employers and workers. The CTSP also indicates that there are no statistics on labour inspection in the country; to its knowledge, there is no planning or implementation of systematic inspections throughout the country; and, in practice, labour inspection was carried out only in the textile industry. While duly noting the progress achieved since 2017 by the labour inspectorate in the country, particularly concerning the planning and implementation of visits in two of the ten departments in the country, the Committee requests the Government to strengthen its efforts to progressively expand the planning and conducting of inspection visits to all regions and all economic sectors of the country. The Committee also requests the Government to continue to provide information on the measures taken in this regard, including the statistics concerning the number of inspections planned and conducted, disaggregated by sector, along with details of the results of these visits, including the warnings issues, legal procedures brought or recommended, and penalties imposed and applied. The Committee also requests the Government to ensure that, during their inspection visits, the inspectors perform their primary functions in conformity with Article 3 of the Convention.

Articles 6, 10 and 11. Human and material resources available to the labour inspectorate. The Committee notes the Government’s indication in reply to its previous comments that: (i) between 2014 and 2017, thanks the project to build the capacities of the Ministry of Social Affairs and Labour (ILO/MAST), piloted by the ILO, a team was established of 20 officials, 12 of whom are inspectors in the field and eight are trainers; (ii) in 2018, means of transport (six motorcycles and a car) were provided to certain regional MAST offices and that efforts are envisaged to equip all inspection services with the means necessary to guarantee labour inspection in workplaces; and (iii) it planned to upwardly revise the salaries of labour inspectors in the same way as all other inspectors of the public administration. The Committee notes the CTSP’s observations, according to which the Government has not made an effort to change the status of labour inspectors in order to provide them with better employment conditions, such as a decent salary, a guarantee of productive employment and social advantages, which could jeopardize the independence of inspectors. The Committee requests the Government to pursue its efforts towards progressively increasing the number of inspectors and the material means placed at their disposal to enable them to effectively discharge the functions of the inspection services. The Committee also requests the Government to take the necessary measures to improve the conditions of service of the inspectors, including increasing their remuneration. In this regard, it requests the Government to provide information on the salary scales and labour inspectors’ career prospects, compared with public servants who carry out similar functions within other government services, such as tax inspectors and the police.

Articles 6, 7(1) and Article 15(a). Recruitment of inspectors. Prohibition from having any direct or indirect interest in the undertakings. In its previous comment, the Committee noted that, in its observations, the CTSP indicated that recruitment of labour inspectors was carried out on the basis of clientelism. The Committee notes the Government’s indication that, to ensure full application of sections 47 to 75 of the Decree of 17 May 2005, revising the general public service regulations, which regulate the recruitment procedure of public service agents, including labour inspectors, an administrative structure has been established for this purpose, entitled the Office for Human Resources Management (OMRH). The Committee also notes that the CTSP reiterated in 2019 its previous observations on this matter and indicated the further deterioration of the labour inspectorate’s independence vis-à-vis employers. The Committee requests the Government to ensure that labour inspectors are recruited with sole regard to their qualifications for the performance of their duties and that their status and conditions of service are such that they are independent of changes of government and of improper external influences in conformity with Articles 6 and 7(1) of the Convention. The Committee also requests the Government to provide information on the composition of the OMRH as well as on its prerogatives.

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

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

The Committee notes the observations of the Confederation of Haitian Workers (CTH) and the Confederation of Public and Private Sector Workers (CTSP) received on 2nd of November 2022.

The Committee notes with concern 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.

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 1 September 2019.

Article 3(1)(b) of the Convention. Technical information and advice as a permanent function of the system of labour inspection. In its previous comments, the Committee noted that section 411 of the Labour Code stipulated that labour inspectors shall provide employers and workers with technical information and advice “where necessary”. It noted the Government’s proposal to modify the expression “where necessary”. The Committee requested the Government to keep it informed of any progress made so that the provision of technical information and advice to employers and workers is recognized as a permanent function of the labour inspectorate. The Committee notes the Government’s indication that the reform process pertaining to the Labour Code, which includes the deletion of the term “where necessary” from section 411, is at the stage wherein each party (Government, employers and workers) is preparing proposals to be submitted for assessment by an ILO expert for final recommendations.The Committee requests the Government to keep it informed of any developments concerning the amendment of section 411 of the Labour Code.

Articles 5 and 21(e). Effective cooperation with other government departments and with employers’ and workers’ organizations. The Committee notes the Government’s indication in reply to its previous comments, that: (i) the labour inspectorate is developing close relations with the social security bodies and the special labour mediation office for the textile industry, with the view to coordinating to ensure conformity of the social security enterprises and of the other general labour laws; (ii) monthly meetings are held to plan joint strategy interventions; and (iii) a joint visit of the enterprises was conducted in 2018 and others were planned in 2019. The Committee notes that, in the 2018 annual report of the labour administration, it was indicated that during the inspections carried out that year by inspectors from the western department, three cases of obstruction were identified and official statements were drawn up. The Committee also notes that the CTSP observes that there is no genuine cooperation between the labour inspectorate and the justice system, and that there is no system for the registration of judicial decisions, particularly regarding labour matters. The Committee recalls that, in conformity with Article 5of the Convention, the performance of labour inspection functions requires, in order to be effective in view of the objective pursued, broad cooperation of the main structures responsible with other Government services and public or private institutions engaged in similar activities, and that the labour inspectorate can attain its objectives only if appropriate measures are adopted by the competent authority to promote effective collaboration with employers and workers in its operations and activities.The Committee requests the Government to continue its efforts to strengthen cooperation with other Government services, with bodies of the justice system and with employers’ and workers’ organizations. The Committee once again requests the Government to provide statistics on the follow-up to reports of infringements submitted by the labour inspectorate to the judicial bodies and to state whether measures have been taken or envisaged to strengthen cooperation between the labour inspectorate and the justice system.

Article 7(3). Training of inspectors. The Committee notes that, further to its request to develop a training strategy, the Government indicates that: (i) through the project to build the capacities of the Ministry of Social Affairs and Labour (ILO/MAST), piloted by the ILO, labour inspectors received a number of training sessions in different areas relating to their function, thereby establishing a task force of 12 inspectors in the field and eight trainers; (ii) inspectors in the field, from the western and north-eastern departments, are responsible for replicating this training in their respective offices for those who did not participate; and trainers are tasked with training inspectors in the other departments based on a national training plan designed to that end; (iii) six of the ten departments in the country have already benefited from a training session by the task force trainers, and there are plans to replicate this training in four other departments in the country; and (iv) two training sessions would be held annually for each department, which included a follow-up session.Welcoming these measures, the Committee requests the Government to continue its efforts to strengthen training for inspectors and to keep the Committee informed of any developments in this regard.

Article 12. The right of inspectors to freely enter any workplace. The Committee notes the observations of the CTSP according to which, in certain export processing zones, inspectors are not authorized to visit and that employers choose the inspectors who are to conduct a visit in their factories. The Committee recalls that Article 12of the Convention provides that labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection.The Committee requests the Government to provide information on the way in which it is ensured that labour inspectors provided with proper credentials are empowered to enter freely any workplace liable to inspection, in conformity with Article 12(1) of the Convention.

Article 14. Notification and registration of industrial accidents and cases of occupational disease. The Committee notes that, in reply to its previous comments requesting the Government to describe in detail the system for the notification of industrial accidents and cases of occupational disease, the Government indicates that: (i) under section 35 of the Act of 28 September 1967, establishing the Employment Injury, Sickness and Maternity Insurance Office (OFATMA), employers are obliged to declare all accidents resulting in a day’s sick leave to the institution; and (ii) employers must also submit, on a monthly basis, a list to the OFATMA of all accidents occurring in their workplaces, in a form prepared for this purpose. The Committee also notes the CTSP’s indication that the only statistics in the country in relation to accidents are those of the OFATMA, which cover 3‒4 per cent of industrial accidents. The Committee notes that the Government has not provided any information on notification of occupational disease.The Committee requests the Government to ensure that the labour inspectorate is informed of industrial accidents and cases of occupational disease, and that representative statistics in this regard are included in the annual labour inspectorate report.

Articles 20 and 21. Annual labour inspection report. Further to its previous comments, the Committee notes the Government’s indication that, with the support of Better Work Haiti, there is a technological application available to it aimed at facilitating the collection and treatment of statistical data on labour inspection, to enable it to establish a statistical database of enterprises subject to monitoring by the General Labour Inspectorate. The Government adds that it envisages establishing a database that will allow it to attribute a unique social security number to all persons of working age. The Committee also notes that in the annex to its report, the Government includes the 2018 annual report of the labour administration, as well as inspection plans and schedules in the western department for 2017, 2018 and 2019, and in the north-eastern department for 2018.The Committee requests the Government to continue all efforts in the collection and treatment of data regarding labour inspection in order to conform with the obligation under Article 20 of the Convention to regularly prepare, publish and transmit to the ILO an annual inspection report containing full information on the work of the labour inspection services. The Committee also requests the Government to continue to provide it with all available statistics on the matter in the country.

The Committee notes the observations of the Confederation of Haitian Workers (CTH) and the Confederation of Public and Private Sector Workers (CTSP) received on 2nd of November 2022. The Committee requests the Government to provide its comments in this respect.

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) received on 1 September 2019, in which it reiterated its observations of 2016, 2017 and 2018 and adds that the situation has deteriorated.

Articles 3, 12, 13, 15, 16, 17 and 18 of the Convention. Discharge of primary duties of the labour inspectorate. Appropriate sanctions. In its previous comment, the Committee noted the Government’s indications concerning the obstacles faced in applying the Convention in practice, particularly the inadequate numbers of labour inspectors, and requested the Government to supply detailed information together with statistics on the planning and implementation of systematic inspections throughout the country, including in the export processing zones, and also their results. The Committee notes the information provided by the Government concerning the planning and implementation of inspection visits in two of the ten departments in the country in several activity sectors, including: (i) in the western department: 64 inspections (32 initial inspections and 32 catch-up inspections) conducted in 2017; 16 inspections (11 of which in the textile industry), 31 unannounced inspection visits in enterprises and 24 investigations, conducted in 2018; and 42 visits planned and ten advice services carried out in 2019; and (ii) in the north-eastern department, ten initial inspections and ten follow-up inspections were conducted in 2018. The Government indicates that the main objective of labour inspection over this period has been redressing the inconformity identified, rather than imposing penalties. The Committee also notes that the CTSP in its observations indicates that inspectors do not provide technical advice to workers and employers, but limit themselves to calculating the statutory benefits due in disputes between employers and workers. The CTSP also indicates that there are no statistics on labour inspection in the country; to its knowledge, there is no planning or implementation of systematic inspections throughout the country; and, in practice, labour inspection was carried out only in the textile industry.While duly noting the progress achieved since 2017 by the labour inspectorate in the country, particularly concerning the planning and implementation of visits in two of the ten departments in the country, the Committee requests the Government to strengthen its efforts to progressively expand the planning and conducting of inspection visits to all regions and all economic sectors of the country. The Committee also requests the Government to continue to provide information on the measures taken in this regard, including the statistics concerning the number of inspections planned and conducted, disaggregated by sector, along with details of the results of these visits, including the warnings issues, legal procedures brought or recommended, and penalties imposed and applied. The Committee also requests the Government to ensure that, during their inspection visits, the inspectors perform their primary functions in conformity with Article 3 of the Convention.

Articles 6, 10 and 11. Human and material resources available to the labour inspectorate. The Committee notes the Government’s indication in reply to its previous comments that: (i) between 2014 and 2017, thanks the project to build the capacities of the Ministry of Social Affairs and Labour (ILO/MAST), piloted by the ILO, a team was established of 20 officials, 12 of whom are inspectors in the field and eight are trainers; (ii) in 2018, means of transport (six motorcycles and a car) were provided to certain regional MAST offices and that efforts are envisaged to equip all inspection services with the means necessary to guarantee labour inspection in workplaces; and (iii) it planned to upwardly revise the salaries of labour inspectors in the same way as all other inspectors of the public administration. The Committee notes the CTSP’s observations, according to which the Government has not made an effort to change the status of labour inspectors in order to provide them with better employment conditions, such as a decent salary, a guarantee of productive employment and social advantages, which could jeopardize the independence of inspectors.The Committee requests the Government to pursue its efforts towards progressively increasing the number of inspectors and the material means placed at their disposal to enable them to effectively discharge the functions of the inspection services. The Committee also requests the Government to take the necessary measures to improve the conditions of service of the inspectors, including increasing their remuneration. In this regard, it requests the Government to provide information on the salary scales and labour inspectors’ career prospects, compared with public servants who carry out similar functions within other government services, such as tax inspectors and the police.

Articles 6, 7(1) and Article 15(a). Recruitment of inspectors. Prohibition from having any direct or indirect interest in the undertakings. In its previous comment, the Committee noted that, in its observations, the CTSP indicated that recruitment of labour inspectors was carried out on the basis of clientelism. The Committee notes the Government’s indication that, to ensure full application of sections 47 to 75 of the Decree of 17 May 2005, revising the general public service regulations, which regulate the recruitment procedure of public service agents, including labour inspectors, an administrative structure has been established for this purpose, entitled the Office for Human Resources Management (OMRH). The Committee also notes that the CTSP reiterated in 2019 its previous observations on this matter and indicated the further deterioration of the labour inspectorate’s independence vis-à-vis employers.The Committee requests the Government to ensure that labour inspectors are recruited with sole regard to their qualifications for the performance of their duties and that their status and conditions of service are such that they are independent of changes of government and of improper external influences in conformity with Articles 6 and 7(1) of the Convention. The Committee also requests the Government to provide information on the composition of the OMRH as well as on its prerogatives.

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

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

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

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 1 September 2019.

Article 3(1)(b) of the Convention. Technical information and advice as a permanent function of the system of labour inspection. In its previous comments, the Committee noted that section 411 of the Labour Code stipulated that labour inspectors shall provide employers and workers with technical information and advice “where necessary”. It noted the Government’s proposal to modify the expression “where necessary”. The Committee requested the Government to keep it informed of any progress made so that the provision of technical information and advice to employers and workers is recognized as a permanent function of the labour inspectorate. The Committee notes the Government’s indication that the reform process pertaining to the Labour Code, which includes the deletion of the term “where necessary” from section 411, is at the stage wherein each party (Government, employers and workers) is preparing proposals to be submitted for assessment by an ILO expert for final recommendations. The Committee requests the Government to keep it informed of any developments concerning the amendment of section 411 of the Labour Code.

Articles 5 and 21(e). Effective cooperation with other government departments and with employers’ and workers’ organizations. The Committee notes the Government’s indication in reply to its previous comments, that: (i) the labour inspectorate is developing close relations with the social security bodies and the special labour mediation office for the textile industry, with the view to coordinating to ensure conformity of the social security enterprises and of the other general labour laws; (ii) monthly meetings are held to plan joint strategy interventions; and (iii) a joint visit of the enterprises was conducted in 2018 and others were planned in 2019. The Committee notes that, in the 2018 annual report of the labour administration, it was indicated that during the inspections carried out that year by inspectors from the western department, three cases of obstruction were identified and official statements were drawn up. The Committee also notes that the CTSP observes that there is no genuine cooperation between the labour inspectorate and the justice system, and that there is no system for the registration of judicial decisions, particularly regarding labour matters. The Committee recalls that, in conformity with Article 5 of the Convention, the performance of labour inspection functions requires, in order to be effective in view of the objective pursued, broad cooperation of the main structures responsible with other Government services and public or private institutions engaged in similar activities, and that the labour inspectorate can attain its objectives only if appropriate measures are adopted by the competent authority to promote effective collaboration with employers and workers in its operations and activities. The Committee requests the Government to continue its efforts to strengthen cooperation with other Government services, with bodies of the justice system and with employers’ and workers’ organizations. The Committee once again requests the Government to provide statistics on the follow-up to reports of infringements submitted by the labour inspectorate to the judicial bodies and to state whether measures have been taken or envisaged to strengthen cooperation between the labour inspectorate and the justice system.

Article 7(3). Training of inspectors. The Committee notes that, further to its request to develop a training strategy, the Government indicates that: (i) through the project to build the capacities of the Ministry of Social Affairs and Labour (ILO/MAST), piloted by the ILO, labour inspectors received a number of training sessions in different areas relating to their function, thereby establishing a task force of 12 inspectors in the field and eight trainers; (ii) inspectors in the field, from the western and north-eastern departments, are responsible for replicating this training in their respective offices for those who did not participate; and trainers are tasked with training inspectors in the other departments based on a national training plan designed to that end; (iii) six of the ten departments in the country have already benefited from a training session by the task force trainers, and there are plans to replicate this training in four other departments in the country; and (iv) two training sessions would be held annually for each department, which included a follow-up session. Welcoming these measures, the Committee requests the Government to continue its efforts to strengthen training for inspectors and to keep the Committee informed of any developments in this regard.

Article 12. The right of inspectors to freely enter any workplace. The Committee notes the observations of the CTSP according to which, in certain export processing zones, inspectors are not authorized to visit and that employers choose the inspectors who are to conduct a visit in their factories. The Committee recalls that Article 12 of the Convention provides that labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee requests the Government to provide information on the way in which it is ensured that labour inspectors provided with proper credentials are empowered to enter freely any workplace liable to inspection, in conformity with Article 12(1) of the Convention.

Article 14. Notification and registration of industrial accidents and cases of occupational disease. The Committee notes that, in reply to its previous comments requesting the Government to describe in detail the system for the notification of industrial accidents and cases of occupational disease, the Government indicates that: (i) under section 35 of the Act of 28 September 1967, establishing the Employment Injury, Sickness and Maternity Insurance Office (OFATMA), employers are obliged to declare all accidents resulting in a day’s sick leave to the institution; and (ii) employers must also submit, on a monthly basis, a list to the OFATMA of all accidents occurring in their workplaces, in a form prepared for this purpose. The Committee also notes the CTSP’s indication that the only statistics in the country in relation to accidents are those of the OFATMA, which cover 3‒4 per cent of industrial accidents. The Committee notes that the Government has not provided any information on notification of occupational disease. The Committee requests the Government to ensure that the labour inspectorate is informed of industrial accidents and cases of occupational disease, and that representative statistics in this regard are included in the annual labour inspectorate report.

Articles 20 and 21. Annual labour inspection report. Further to its previous comments, the Committee notes the Government’s indication that, with the support of Better Work Haiti, there is a technological application available to it aimed at facilitating the collection and treatment of statistical data on labour inspection, to enable it to establish a statistical database of enterprises subject to monitoring by the General Labour Inspectorate. The Government adds that it envisages establishing a database that will allow it to attribute a unique social security number to all persons of working age. The Committee also notes that in the annex to its report, the Government includes the 2018 annual report of the labour administration, as well as inspection plans and schedules in the western department for 2017, 2018 and 2019, and in the north-eastern department for 2018. The Committee requests the Government to continue all efforts in the collection and treatment of data regarding labour inspection in order to conform with the obligation under Article 20 of the Convention to regularly prepare, publish and transmit to the ILO an annual inspection report containing full information on the work of the labour inspection services. The Committee also requests the Government to continue to provide it with all available statistics on the matter in the country.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) received on 1 September 2019, in which it reiterated its observations of 2016, 2017 and 2018 and adds that the situation has deteriorated.

Articles 3, 12, 13, 15, 16, 17 and 18 of the Convention. Discharge of primary duties of the labour inspectorate. Appropriate sanctions. In its previous comment, the Committee noted the Government’s indications concerning the obstacles faced in applying the Convention in practice, particularly the inadequate numbers of labour inspectors, and requested the Government to supply detailed information together with statistics on the planning and implementation of systematic inspections throughout the country, including in the export processing zones, and also their results. The Committee notes the information provided by the Government concerning the planning and implementation of inspection visits in two of the ten departments in the country in several activity sectors, including: (i) in the western department: 64 inspections (32 initial inspections and 32 catch-up inspections) conducted in 2017; 16 inspections (11 of which in the textile industry), 31 unannounced inspection visits in enterprises and 24 investigations, conducted in 2018; and 42 visits planned and ten advice services carried out in 2019; and (ii) in the north-eastern department, ten initial inspections and ten follow-up inspections were conducted in 2018. The Government indicates that the main objective of labour inspection over this period has been redressing the inconformity identified, rather than imposing penalties. The Committee also notes that the CTSP in its observations indicates that inspectors do not provide technical advice to workers and employers, but limit themselves to calculating the statutory benefits due in disputes between employers and workers. The CTSP also indicates that there are no statistics on labour inspection in the country; to its knowledge, there is no planning or implementation of systematic inspections throughout the country; and, in practice, labour inspection was carried out only in the textile industry. While duly noting the progress achieved since 2017 by the labour inspectorate in the country, particularly concerning the planning and implementation of visits in two of the ten departments in the country, the Committee requests the Government to strengthen its efforts to progressively expand the planning and conducting of inspection visits to all regions and all economic sectors of the country. The Committee also requests the Government to continue to provide information on the measures taken in this regard, including the statistics concerning the number of inspections planned and conducted, disaggregated by sector, along with details of the results of these visits, including the warnings issues, legal procedures brought or recommended, and penalties imposed and applied. The Committee also requests the Government to ensure that, during their inspection visits, the inspectors perform their primary functions in conformity with Article 3 of the Convention.

Articles 6, 10 and 11. Human and material resources available to the labour inspectorate. The Committee notes the Government’s indication in reply to its previous comments that: (i) between 2014 and 2017, thanks the project to build the capacities of the Ministry of Social Affairs and Labour (ILO/MAST), piloted by the ILO, a team was established of 20 officials, 12 of whom are inspectors in the field and eight are trainers; (ii) in 2018, means of transport (six motorcycles and a car) were provided to certain regional MAST offices and that efforts are envisaged to equip all inspection services with the means necessary to guarantee labour inspection in workplaces; and (iii) it planned to upwardly revise the salaries of labour inspectors in the same way as all other inspectors of the public administration. The Committee notes the CTSP’s observations, according to which the Government has not made an effort to change the status of labour inspectors in order to provide them with better employment conditions, such as a decent salary, a guarantee of productive employment and social advantages, which could jeopardize the independence of inspectors. The Committee requests the Government to pursue its efforts towards progressively increasing the number of inspectors and the material means placed at their disposal to enable them to effectively discharge the functions of the inspection services. The Committee also requests the Government to take the necessary measures to improve the conditions of service of the inspectors, including increasing their remuneration. In this regard, it requests the Government to provide information on the salary scales and labour inspectors’ career prospects, compared with public servants who carry out similar functions within other government services, such as tax inspectors and the police.

Articles 6, 7(1) and Article 15(a). Recruitment of inspectors. Prohibition from having any direct or indirect interest in the undertakings. In its previous comment, the Committee noted that, in its observations, the CTSP indicated that recruitment of labour inspectors was carried out on the basis of clientelism. The Committee notes the Government’s indication that, to ensure full application of sections 47 to 75 of the Decree of 17 May 2005, revising the general public service regulations, which regulate the recruitment procedure of public service agents, including labour inspectors, an administrative structure has been established for this purpose, entitled the Office for Human Resources Management (OMRH). The Committee also notes that the CTSP reiterated in 2019 its previous observations on this matter and indicated the further deterioration of the labour inspectorate’s independence vis-à-vis employers. The Committee requests the Government to ensure that labour inspectors are recruited with sole regard to their qualifications for the performance of their duties and that their status and conditions of service are such that they are independent of changes of government and of improper external influences in conformity with Articles 6 and 7(1) of the Convention. The Committee also requests the Government to provide information on the composition of the OMRH as well as on its prerogatives.

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

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

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 1 September 2019.

Article 3(1)(b) of the Convention. Technical information and advice as a permanent function of the system of labour inspection. In its previous comments, the Committee noted that section 411 of the Labour Code stipulated that labour inspectors shall provide employers and workers with technical information and advice “where necessary”. It noted the Government’s proposal to modify the expression “where necessary”. The Committee requested the Government to keep it informed of any progress made so that the provision of technical information and advice to employers and workers is recognized as a permanent function of the labour inspectorate. The Committee notes the Government’s indication that the reform process pertaining to the Labour Code, which includes the deletion of the term “where necessary” from section 411, is at the stage wherein each party (Government, employers and workers) is preparing proposals to be submitted for assessment by an ILO expert for final recommendations. The Committee requests the Government to keep it informed of any developments concerning the amendment of section 411 of the Labour Code.

Articles 5 and 21(e). Effective cooperation with other government departments and with employers’ and workers’ organizations. The Committee notes the Government’s indication in reply to its previous comments, that: (i) the labour inspectorate is developing close relations with the social security bodies and the special labour mediation office for the textile industry, with the view to coordinating to ensure conformity of the social security enterprises and of the other general labour laws; (ii) monthly meetings are held to plan joint strategy interventions; and (iii) a joint visit of the enterprises was conducted in 2018 and others were planned in 2019. The Committee notes that, in the 2018 annual report of the labour administration, it was indicated that during the inspections carried out that year by inspectors from the western department, three cases of obstruction were identified and official statements were drawn up. The Committee also notes that the CTSP observes that there is no genuine cooperation between the labour inspectorate and the justice system, and that there is no system for the registration of judicial decisions, particularly regarding labour matters. The Committee recalls that, in conformity with Article 5 of the Convention, the performance of labour inspection functions requires, in order to be effective in view of the objective pursued, broad cooperation of the main structures responsible with other Government services and public or private institutions engaged in similar activities, and that the labour inspectorate can attain its objectives only if appropriate measures are adopted by the competent authority to promote effective collaboration with employers and workers in its operations and activities. The Committee requests the Government to continue its efforts to strengthen cooperation with other Government services, with bodies of the justice system and with employers’ and workers’ organizations. The Committee once again requests the Government to provide statistics on the follow-up to reports of infringements submitted by the labour inspectorate to the judicial bodies and to state whether measures have been taken or envisaged to strengthen cooperation between the labour inspectorate and the justice system.

Article 7(3). Training of inspectors. The Committee notes that, further to its request to develop a training strategy, the Government indicates that: (i) through the project to build the capacities of the Ministry of Social Affairs and Labour (ILO/MAST), piloted by the ILO, labour inspectors received a number of training sessions in different areas relating to their function, thereby establishing a task force of 12 inspectors in the field and eight trainers; (ii) inspectors in the field, from the western and north-eastern departments, are responsible for replicating this training in their respective offices for those who did not participate; and trainers are tasked with training inspectors in the other departments based on a national training plan designed to that end; (iii) six of the ten departments in the country have already benefited from a training session by the task force trainers, and there are plans to replicate this training in four other departments in the country; and (iv) two training sessions would be held annually for each department, which included a follow-up session. Welcoming these measures, the Committee requests the Government to continue its efforts to strengthen training for inspectors and to keep the Committee informed of any developments in this regard.

Article 12. The right of inspectors to freely enter any workplace. The Committee notes the observations of the CTSP according to which, in certain export processing zones, inspectors are not authorized to visit and that employers choose the inspectors who are to conduct a visit in their factories. The Committee recalls that Article 12 of the Convention provides that labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee requests the Government to provide information on the way in which it is ensured that labour inspectors provided with proper credentials are empowered to enter freely any workplace liable to inspection, in conformity with Article 12(1) of the Convention.

Article 14. Notification and registration of industrial accidents and cases of occupational disease. The Committee notes that, in reply to its previous comments requesting the Government to describe in detail the system for the notification of industrial accidents and cases of occupational disease, the Government indicates that: (i) under section 35 of the Act of 28 September 1967, establishing the Employment Injury, Sickness and Maternity Insurance Office (OFATMA), employers are obliged to declare all accidents resulting in a day’s sick leave to the institution; and (ii) employers must also submit, on a monthly basis, a list to the OFATMA of all accidents occurring in their workplaces, in a form prepared for this purpose. The Committee also notes the CTSP’s indication that the only statistics in the country in relation to accidents are those of the OFATMA, which cover 3‒4 per cent of industrial accidents. The Committee notes that the Government has not provided any information on notification of occupational disease. The Committee requests the Government to ensure that the labour inspectorate is informed of industrial accidents and cases of occupational disease, and that representative statistics in this regard are included in the annual labour inspectorate report.

Articles 20 and 21. Annual labour inspection report. Further to its previous comments, the Committee notes the Government’s indication that, with the support of Better Work Haiti, there is a technological application available to it aimed at facilitating the collection and treatment of statistical data on labour inspection, to enable it to establish a statistical database of enterprises subject to monitoring by the General Labour Inspectorate. The Government adds that it envisages establishing a database that will allow it to attribute a unique social security number to all persons of working age. The Committee also notes that in the annex to its report, the Government includes the 2018 annual report of the labour administration, as well as inspection plans and schedules in the western department for 2017, 2018 and 2019, and in the north-eastern department for 2018. The Committee requests the Government to continue all efforts in the collection and treatment of data regarding labour inspection in order to conform with the obligation under Article 20 of the Convention to regularly prepare, publish and transmit to the ILO an annual inspection report containing full information on the work of the labour inspection services. The Committee also requests the Government to continue to provide it with all available statistics on the matter in the country.

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) received on 1 September 2019, in which it reiterated its observations of 2016, 2017 and 2018 and adds that the situation has deteriorated.

Articles 3, 12, 13, 15, 16, 17 and 18 of the Convention. Discharge of primary duties of the labour inspectorate. Appropriate sanctions. In its previous comment, the Committee noted the Government’s indications concerning the obstacles faced in applying the Convention in practice, particularly the inadequate numbers of labour inspectors, and requested the Government to supply detailed information together with statistics on the planning and implementation of systematic inspections throughout the country, including in the export processing zones, and also their results. The Committee notes the information provided by the Government concerning the planning and implementation of inspection visits in two of the ten departments in the country in several activity sectors, including: (i) in the western department: 64 inspections (32 initial inspections and 32 catch-up inspections) conducted in 2017; 16 inspections (11 of which in the textile industry), 31 unannounced inspection visits in enterprises and 24 investigations, conducted in 2018; and 42 visits planned and ten advice services carried out in 2019; and (ii) in the north-eastern department, ten initial inspections and ten follow-up inspections were conducted in 2018. The Government indicates that the main objective of labour inspection over this period has been redressing the inconformity identified, rather than imposing penalties. The Committee also notes that the CTSP in its observations indicates that inspectors do not provide technical advice to workers and employers, but limit themselves to calculating the statutory benefits due in disputes between employers and workers. The CTSP also indicates that there are no statistics on labour inspection in the country; to its knowledge, there is no planning or implementation of systematic inspections throughout the country; and, in practice, labour inspection was carried out only in the textile industry. While duly noting the progress achieved since 2017 by the labour inspectorate in the country, particularly concerning the planning and implementation of visits in two of the ten departments in the country, the Committee requests the Government to strengthen its efforts to progressively expand the planning and conducting of inspection visits to all regions and all economic sectors of the country. The Committee also requests the Government to continue to provide information on the measures taken in this regard, including the statistics concerning the number of inspections planned and conducted, disaggregated by sector, along with details of the results of these visits, including the warnings issues, legal procedures brought or recommended, and penalties imposed and applied. The Committee also requests the Government to ensure that, during their inspection visits, the inspectors perform their primary functions in conformity with Article 3 of the Convention.

Articles 6, 10 and 11. Human and material resources available to the labour inspectorate. The Committee notes the Government’s indication in reply to its previous comments that: (i) between 2014 and 2017, thanks the project to build the capacities of the Ministry of Social Affairs and Labour (ILO/MAST), piloted by the ILO, a team was established of 20 officials, 12 of whom are inspectors in the field and eight are trainers; (ii) in 2018, means of transport (six motorcycles and a car) were provided to certain regional MAST offices and that efforts are envisaged to equip all inspection services with the means necessary to guarantee labour inspection in workplaces; and (iii) it planned to upwardly revise the salaries of labour inspectors in the same way as all other inspectors of the public administration. The Committee notes the CTSP’s observations, according to which the Government has not made an effort to change the status of labour inspectors in order to provide them with better employment conditions, such as a decent salary, a guarantee of productive employment and social advantages, which could jeopardize the independence of inspectors. The Committee requests the Government to pursue its efforts towards progressively increasing the number of inspectors and the material means placed at their disposal to enable them to effectively discharge the functions of the inspection services. The Committee also requests the Government to take the necessary measures to improve the conditions of service of the inspectors, including increasing their remuneration. In this regard, it requests the Government to provide information on the salary scales and labour inspectors’ career prospects, compared with public servants who carry out similar functions within other government services, such as tax inspectors and the police.

Articles 6, 7(1) and Article 15(a). Recruitment of inspectors. Prohibition from having any direct or indirect interest in the undertakings. In its previous comment, the Committee noted that, in its observations, the CTSP indicated that recruitment of labour inspectors was carried out on the basis of clientelism. The Committee notes the Government’s indication that, to ensure full application of sections 47 to 75 of the Decree of 17 May 2005, revising the general public service regulations, which regulate the recruitment procedure of public service agents, including labour inspectors, an administrative structure has been established for this purpose, entitled the Office for Human Resources Management (OMRH). The Committee also notes that the CTSP reiterated in 2019 its previous observations on this matter and indicated the further deterioration of the labour inspectorate’s independence vis-à-vis employers. The Committee requests the Government to ensure that labour inspectors are recruited with sole regard to their qualifications for the performance of their duties and that their status and conditions of service are such that they are independent of changes of government and of improper external influences in conformity with Articles 6 and 7(1) of the Convention. The Committee also requests the Government to provide information on the composition of the OMRH as well as on its prerogatives.

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

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 30 August 2017 and 29 August 2018. The Committee notes with deep concern that the Government’s report has not been received. While it is therefore bound to repeat its previous comments initially made in 2012, the Committee notes the Government’s communication received on 30 October 2018 in which it informs the Committee that, further to the conclusions of the Conference Committee on the Application of Standards, it has requested ILO technical assistance with a view to helping in the presentation of the reports due, strengthening the inspection services, consolidating social dialogue for the continuation of social reforms, and addressing the other points raised by the Conference Committee. The Government adds that it hopes to receive the requested assistance before the next session of the International Labour Conference. The Committee hopes that this technical assistance will be provided without delay and that it will give rise to timely delivery of all outstanding reports. It also requests the Government to send its comments on the observations of the CTSP of 2016, 2017 and 2018.

Repetition

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 31 August 2016.

The Committee notes that, according to the CTSP, although the Government receives ILO assistance to strengthen the labour inspectorate, the Government shows a lack of will to make the labour inspectorate operational. The CTSP reiterates its previous observations concerning: (i) the lack of inspections in sectors other than the textile industry, such as the hotel industry, the restaurant industry, petrol stations and construction; the precarious material resources made available to labour inspectors, particularly the transport facilities necessary for the performance of their duties; (iii) the recruitment of labour inspectors on the basis of “cronyism”; (iv) the inadequate academic level of labour inspectors; and (v) their low remuneration, which is often paid late, making labour inspectors vulnerable to corruption. The CTSP adds that no steps have been taken to set up a database containing labour statistics as a basis for the development of policies and actions. The trade union further indicates that inspectors are at risk of being transferred, dismissed and penalized if they take decisions that run counter to the interests of certain employers. The Committee requests the Government to send its comments on this matter.

Articles 3, 12, 13, 15, 16, 17 and 18 of the Convention. Discharge of primary duties of the labour inspectorate. Further to the Committee’s previous comments, the ITUC [International Trade Union Confederation] stresses the need to reform the Labour Code, especially section 411, which stipulates that labour inspectors shall provide employers and workers with technical information and advice “where necessary”.

The Committee notes the Government’s proposal to modify the expression “where necessary” in section 411 as part of the revision of the Labour Code, which is due to take place with technical support from the ILO, with a view to harmonizing the Labour Code with the international labour Conventions ratified by Haiti. The Government also emphasizes that, despite the wording of section 411 of the Labour Code, inspections have been conducted regularly over the last three years in Port au Prince and certain departments of the country.

The Committee recalls that the role of the labour inspectorate must not be limited to reacting to requests from workers or employers, and that inspections of workplaces, whether scheduled or not, should be conducted as often and as thoroughly as necessary throughout the country (Article 16), in order to enable the labour inspectorate to discharge its primary duties, as provided for in Article 3(1). The Committee notes that the effectiveness of the inspection system and the credibility of inspectors for employers and workers depends largely on the manner in which inspectors exercise their prerogatives (right to enter workplaces, direct or indirect powers of injunction, reporting infringements, initiating proceedings, etc.) and meet their obligations (such as displaying probity and observing confidentiality), as established by Articles 3, 12, 13, 15, 17 and 18 of the Convention.

The Committee requests the Government to keep the Office informed of any progress made regarding the revision of section 411 of the Labour Code, so that the provision of technical information and advice to employers and workers is recognized as a permanent function of the labour inspectorate in conformity with Article 3(1)(b).

The Committee also requests the Government to supply detailed information together with statistics on the planning and implementation of systematic inspections throughout the country, including in the export processing zones, and also their results (identification of infringements or irregularities, technical advice and information, observations, injunctions, notices of infringement, legal proceedings initiated or recommended, penalties imposed and enforced), and to indicate any obstacles to the full application in practice of the prerogatives and obligations of labour inspectors.

Finally, the Committee requests the Government to send a copy of the report form on violations and of some of such reports which have already been completed.

Articles 6, 8, 10 and 11. Human and material resources available to the labour inspectorate. The Government refers to the obstacles encountered in the application in practice of the Convention which, according to its report, are numerous: inadequate numbers of labour inspectors in view of the number, nature and size of workplaces liable to inspection and the complexity of the provisions of the Labour Code in force; lack of logistical resources; insufficient budget resources for paying reasonable salaries to labour inspectors; lack of mobile resources to facilitate the transportation of inspectors and enable them to fully perform their duties; premises inaccessible to certain persons (especially persons with disabilities).

According to the ITUC, the labour inspection services continue to lack the resources to be fully operational and show deficiencies in terms of supervision on the ground.

The Committee requests the Government to supply detailed information on the measures taken or envisaged, including having recourse to international financial aid, to obtain the necessary funds to build the capacities of the labour inspection system, especially by increasing the number of labour inspectors and the material and logistical resources available to the labour inspectorate.

The Committee also refers to paragraph 209 of its 2006 General Survey on labour inspection. While being fully aware of the problems faced by the Government, it is bound to emphasize the importance that it places on the treatment of labour inspectors in a way that reflects the importance and specific features of their duties and takes account of personal merit. The Committee requests the Government to indicate all the measures taken or envisaged to improve the status and conditions of service of inspectors, so that they correspond to the conditions of public officials performing comparable tasks, such as tax inspectors.

Articles 5(a) and 21(e). Effective cooperation with other government departments and with employers’ and workers’ organizations. The Committee requests the Government to provide details of this cooperation and its impact on the effectiveness of the action of the labour inspectorate, with a view to the application of the legal provisions relating to conditions of work and the protection of workers while engaged in their work.

The Committee requests the Government to provide statistics on the follow-up to reports of infringements submitted by the labour inspectorate to the judicial bodies and to state whether measures have been taken or envisaged to strengthen cooperation between the labour inspectorate and the justice system, for example by the creation of a system for the registration of judicial decisions accessible to the labour inspectorate, to enable the central authority to use this information to achieve its objectives, and to include them in the annual report, in accordance with Article 21(e) of the Convention.

The Committee also requests the Government to indicate the measures taken or envisaged to strengthen collaboration between the labour inspectorate and employers’ and workers’ organizations (Article 5(b)), including in the construction sector, which, in the opinion of the Government constitutes a priority for the revival of the country. The Committee recalls the guidance given in Paragraphs 4–7 of the Labour Inspection Recommendation, 1947 (No. 81), regarding collaboration between employers and workers in relation to safety and health.

Article 7(3). Training of inspectors. Further to the Committee’s comments on this subject, the ITUC notes certain gaps in the area of training, whereas the Government refers to a number of training courses in 2008 and 2011 with the support of the ILO and international donors. The Committee requests the Government to indicate the measures taken or envisaged to develop a training strategy, and to provide information on the frequency, content and duration of training given to labour inspectors, and also on the number of participants and the impact of this training on the effective performance of labour inspection duties.

Article 14. Notification and registration of industrial accidents and cases of occupational disease. The Committee notes the comments of the ITUC on the need to provide data on this subject and the information provided by the Government according to which industrial accidents are notified to the general inspectorate of OFATMA. The Committee requests the Government to describe in detail the system for the notification of industrial accidents and cases of occupational disease and to indicate the measures taken or envisaged following the earthquake, in order to collect and supply statistics on this subject, including in the construction sector.

The Committee urges the Government, as a preliminary stage in the preparation of an annual inspection report and in order to evaluate the situation of the labour inspection services in terms of their needs, to compile an inventory and register of industrial and commercial workplaces liable to inspection (number, activity, size and geographical situation) and of the workers employed in them (number and categories), and to keep the Office informed of any progress made in this field.

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

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 31 August 2016.

The Committee notes that, according to the CTSP, although the Government receives ILO assistance to strengthen the labour inspectorate, the Government shows a lack of will to make the labour inspectorate operational. The CTSP reiterates its previous observations concerning: (i) the lack of inspections in sectors other than the textile industry, such as the hotel industry, the restaurant industry, petrol stations and construction; the precarious material resources made available to labour inspectors, particularly the transport facilities necessary for the performance of their duties; (iii) the recruitment of labour inspectors on the basis of “cronyism”; (iv) the inadequate academic level of labour inspectors; and (v) their low remuneration, which is often paid late, making labour inspectors vulnerable to corruption. The CTSP adds that no steps have been taken to set up a database containing labour statistics as a basis for the development of policies and actions. The trade union further indicates that inspectors are at risk of being transferred, dismissed and penalized if they take decisions that run counter to the interests of certain employers. The Committee requests the Government to send its comments on this matter.

The Committee also notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Articles 3, 12, 13, 15, 16, 17 and 18 of the Convention. Discharge of primary duties of the labour inspectorate. Further to the Committee’s previous comments, the ITUC [International Trade Union Confederation] stresses the need to reform the Labour Code, especially section 411, which stipulates that labour inspectors shall provide employers and workers with technical information and advice “where necessary”.

The Committee notes the Government’s proposal to modify the expression “where necessary” in section 411 as part of the revision of the Labour Code, which is due to take place with technical support from the ILO, with a view to harmonizing the Labour Code with the international labour Conventions ratified by Haiti. The Government also emphasizes that, despite the wording of section 411 of the Labour Code, inspections have been conducted regularly over the last three years in Port-au-Prince and certain departments of the country.

The Committee recalls that the role of the labour inspectorate must not be limited to reacting to requests from workers or employers, and that inspections of workplaces, whether scheduled or not, should be conducted as often and as thoroughly as necessary throughout the country (Article 16), in order to enable the labour inspectorate to discharge its primary duties, as provided for in Article 3(1). The Committee notes that the effectiveness of the inspection system and the credibility of inspectors for employers and workers depends largely on the manner in which inspectors exercise their prerogatives (right to enter workplaces, direct or indirect powers of injunction, reporting infringements, initiating proceedings, etc.) and meet their obligations (such as displaying probity and observing confidentiality), as established by Articles 3, 12, 13, 15, 17 and 18 of the Convention.

The Committee requests the Government to keep the Office informed of any progress made regarding the revision of section 411 of the Labour Code, so that the provision of technical information and advice to employers and workers is recognized as a permanent function of the labour inspectorate in conformity with Article 3(1)(b).

The Committee also requests the Government to supply detailed information together with statistics on the planning and implementation of systematic inspections throughout the country, including in the export processing zones, and also their results (identification of infringements or irregularities, technical advice and information, observations, injunctions, notices of infringement, legal proceedings initiated or recommended, penalties imposed and enforced), and to indicate any obstacles to the full application in practice of the prerogatives and obligations of labour inspectors.

Finally, the Committee requests the Government to send a copy of the report form on violations and of some of such reports which have already been completed.

Articles 6, 8, 10 and 11. Human and material resources available to the labour inspectorate. The Government refers to the obstacles encountered in the application in practice of the Convention which, according to its report, are numerous: inadequate numbers of labour inspectors in view of the number, nature and size of workplaces liable to inspection and the complexity of the provisions of the Labour Code in force; lack of logistical resources; insufficient budget resources for paying reasonable salaries to labour inspectors; lack of mobile resources to facilitate the transportation of inspectors and enable them to fully perform their duties; premises inaccessible to certain persons (especially persons with disabilities).

According to the ITUC, the labour inspection services continue to lack the resources to be fully operational and show deficiencies in terms of supervision on the ground.

The Committee requests the Government to supply detailed information on the measures taken or envisaged, including having recourse to international financial aid, to obtain the necessary funds to build the capacities of the labour inspection system, especially by increasing the number of labour inspectors and the material and logistical resources available to the labour inspectorate.

The Committee also refers to paragraph 209 of its 2006 General Survey on labour inspection. While being fully aware of the problems faced by the Government, it is bound to emphasize the importance that it places on the treatment of labour inspectors in a way that reflects the importance and specific features of their duties and takes account of personal merit. The Committee requests the Government to indicate all the measures taken or envisaged to improve the status and conditions of service of inspectors, so that they correspond to the conditions of public officials performing comparable tasks, such as tax inspectors.

Articles 5(a) and 21(e). Effective cooperation with other government departments and with employers’ and workers’ organizations. The ITUC underlines the need to provide statistics that make it possible to assess any cooperation and procedures for such cooperation with other government departments and with employers’ and workers’ organizations. The Government, for its part, refers to cooperation between the labour inspectorate and other government departments, such as the National Office for Old-Age Insurance (ONA), the Office for Occupational Accident, Sickness and Maternity Insurance (OFATMA), the Office for the Protection of Citizens (OPC), and also civil society organizations for the defence of human rights. The Committee requests the Government to provide details of this cooperation and its impact on the effectiveness of the action of the labour inspectorate, with a view to the application of the legal provisions relating to conditions of work and the protection of workers while engaged in their work.

The Government also refers to cooperation between the labour inspectorate and the labour tribunal, to which files are referred for the imposition of penalties provided for by the law further to a report of non-compliance. The Committee recalls its general observation of 2007, in which it stressed the importance of measures enabling effective cooperation between the labour inspection system and the justice system, in order to encourage due diligence and attention in the treatment by judicial bodies of violations reported by labour inspectors, and in the disputes concerning the same fields which are submitted directly to them by workers or their organizations. The Committee requests the Government to provide statistics on the follow-up to reports of infringements submitted by the labour inspectorate to the judicial bodies and to state whether measures have been taken or envisaged to strengthen cooperation between the labour inspectorate and the justice system, for example by the creation of a system for the registration of judicial decisions accessible to the labour inspectorate, to enable the central authority to use this information to achieve its objectives, and to include them in the annual report, in accordance with Article 21(e) of the Convention.

The Committee also requests the Government to indicate the measures taken or envisaged to strengthen collaboration between the labour inspectorate and employers’ and workers’ organizations (Article 5(b)), including in the construction sector, which, in the opinion of the Government constitutes a priority for the revival of the country. The Committee recalls the guidance given in Paragraphs 4–7 of the Labour Inspection Recommendation, 1947 (No. 81), regarding collaboration between employers and workers in relation to safety and health.

Article 7(3). Training of inspectors. Further to the Committee’s comments on this subject, the ITUC notes certain gaps in the area of training, whereas the Government refers to a number of training courses in 2008 and 2011 with the support of the ILO and international donors. The Committee requests the Government to indicate the measures taken or envisaged to develop a training strategy, and to provide information on the frequency, content and duration of training given to labour inspectors, and also on the number of participants and the impact of this training on the effective performance of labour inspection duties.

Article 14. Notification and registration of industrial accidents and cases of occupational disease. The Committee notes the comments of the ITUC on the need to provide data on this subject and the information provided by the Government according to which industrial accidents are notified to the general inspectorate of OFATMA. The Committee requests the Government to describe in detail the system for the notification of industrial accidents and cases of occupational disease and to indicate the measures taken or envisaged following the earthquake, in order to collect and supply statistics on this subject, including in the construction sector.

The Committee urges the Government, as a preliminary stage in the preparation of an annual inspection report and in order to evaluate the situation of the labour inspection services in terms of their needs, to compile an inventory and register of industrial and commercial workplaces liable to inspection (number, activity, size and geographical situation) and of the workers employed in them (number and categories), and to keep the Office informed of any progress made in this field.

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

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), which were received on 31 August 2015.

The Committee notes that, according to the CTSP, the labour inspectorate is present only in Port-au-Prince and a few towns in the country and barely covers 5 per cent of enterprises in the country, mainly in the textiles industry. The CTSP claims that hotels, restaurants, petrol stations and shops are never inspected, and also denounces the lack of resources, particularly transport facilities, made available to labour inspectors. It also asserts that labour inspectors are underpaid and some of them have not been paid for two years, which places them in a vulnerable situation with regard to any attempted corruption on the part of employers. The CTSP alleges that the recruitment of labour inspectors follows a policy of “cronyism”, with disregard for the academic qualifications required to perform this duty. It also alleges that the labour inspectorate puts psychological pressure on workers to prevent them from defending their rights. In conclusion, the CTSP considers that labour inspection is non-existent in the country and that action is needed to rectify the situation. The Committee requests the Government to send its comments on this matter.

The Committee also notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Aware of the difficulties faced by the Government and the efforts which the latter must make to create the necessary conditions for application of the Convention, the Committee reminds the Government that it may avail itself of technical assistance from the ILO if it so wishes, including support for seeking the necessary resources in the context of international cooperation with a view to the progressive establishment of a labour inspection system which meets the requirements of the Convention. The Committee requests the Government to provide information on any formal steps taken to this end.

Articles 3, 12, 13, 15, 16, 17 and 18 of the Convention. Discharge of primary duties of the labour inspectorate. Further to the Committee’s previous comments, the ITUC [International Trade Union Confederation] stresses the need to reform the Labour Code, especially section 411, which stipulates that labour inspectors shall provide employers and workers with technical information and advice “where necessary”.

The Committee notes the Government’s proposal to modify the expression “where necessary” in section 411 as part of the revision of the Labour Code, which is due to take place with technical support from the ILO, with a view to harmonizing the Labour Code with the international labour Conventions ratified by Haiti. The Government also emphasizes that, despite the wording of section 411 of the Labour Code, inspections have been conducted regularly over the last three years in Port-au-Prince and certain departments of the country.

The Committee recalls that the role of the labour inspectorate must not be limited to reacting to requests from workers or employers, and that inspections of workplaces, whether scheduled or not, should be conducted as often and as thoroughly as necessary throughout the country (Article 16), in order to enable the labour inspectorate to discharge its primary duties, as provided for in Article 3(1). The Committee notes that the effectiveness of the inspection system and the credibility of inspectors for employers and workers depends largely on the manner in which inspectors exercise their prerogatives (right to enter workplaces, direct or indirect powers of injunction, reporting infringements, initiating proceedings, etc.) and meet their obligations (such as displaying probity and observing confidentiality), as established by Articles 3, 12, 13, 15, 17 and 18 of the Convention.

The Committee requests the Government to keep the Office informed of any progress made regarding the revision of section 411 of the Labour Code, so that the provision of technical information and advice to employers and workers is recognized as a permanent function of the labour inspectorate in conformity with Article 3(1)(b).

The Committee also requests the Government to supply detailed information together with statistics on the planning and implementation of systematic inspections throughout the country, including in the export processing zones, and also their results (identification of infringements or irregularities, technical advice and information, observations, injunctions, notices of infringement, legal proceedings initiated or recommended, penalties imposed and enforced), and to indicate any obstacles to the full application in practice of the prerogatives and obligations of labour inspectors.

Finally, the Committee requests the Government to send a copy of the report form on violations and of some of such reports which have already been completed.

Article 6, 8, 10 and 11. Human and material resources available to the labour inspectorate. The Government refers to the obstacles encountered in the application in practice of the Convention which, according to its report, are numerous: inadequate numbers of labour inspectors in view of the number, nature and size of workplaces liable to inspection and the complexity of the provisions of the Labour Code in force; lack of logistical resources; insufficient budget resources for paying reasonable salaries to labour inspectors; lack of mobile resources to facilitate the transportation of inspectors and enable them to fully perform their duties; premises inaccessible to certain persons (especially persons with disabilities).