Labour Inspection Convention, 1947 (No. 81) - Angola (RATIFICATION: 1976)

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Article 3(2) of the Convention. Additional functions assigned to labour inspectors. 1. Mediation. The Committee previously noted that section 275 of the General Labour Act entrusted labour inspectors with the function of mediating disputes between employers and workers. The Committee notes that mediation is also identified as a function of inspectors in the new Organization Statute of the Labour Inspectorate (Presidential Decree No. 90/22 of 18 April 2022). The Committee further notes the information in the periodic reports “Zero Risk” published by the General Labour Inspectorate (IGT), that in 2021, the labour inspectorate received 5,989 requests for mediation of labour disputes (of which 3,401 mediation procedures were carried out), and 5,718 such requests in 2019, compared with 4,454 requests in 2016. The Committee recalls that in accordance with Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, as defined in Article 3(1). Noting the increasing number of requests for mediation of labour disputes, the Committee requests the Government to provide information on the measures taken to ensure that additional duties assigned to labour inspectors, such as mediation, are not such as to interfere with the effective discharge of their primary duties, and in that regard once again requests the Government to provide information on the time and resources of the inspection services spent on mediation, in relation to their primary duties as defined in Article 3(1) of the Convention..

2. Immigration. Following its previous comments, the Committee notes the Government’s indication that one of the tasks of the labour inspectorate isto monitor compliance with the provisions concerning the employment of non-resident foreign nationals. It notes that this is identified as a function of the inspectorate provided for in section 6(g) of the Organization Statute of the Labour Inspectorate (No. 90/22). In this respect, the Committee notes the detailed information in the periodic reports Zero Risk on the number of foreign workers covered by inspections, disaggregated between residents, non-residents and refugees. Consequently, the Committee once again requests the Government to provide further information on the specific role of labour inspectors with regard to the monitoring of the immigration status of foreign workers.

Articles 6, 10 and 11(1)(a) and (b). Human and financial resources, means of action and transport facilities available to the inspection services. The Committee notes the Government’s indication, in response to the Committee’s previous request, concerning transport facilities that: (i) ten new vehicles were recently purchased for use by the provincial inspectorates; (ii) fuel cards were issued to provincial inspection services; (iii) the vehicles' periodic inspections and repairs are covered by the central labour inspectorate; and (iv) subsistence allowances are provided to inspectors conducting inspections in remote municipalities. The Committee also notes that, pursuant to section 11(b) of the new Labour Inspection Statute, adopted by the Presidential Decree No. 80/22 of 11 April 2022, inspectors are entitled to free public transport while on duty upon the presentation of their credentials. The Committee further notes the information in the Government’s report that there are currently 257 inspectors for the country as a whole (compared to 277 noted in 2020), including 52 directors (56 in 2020), 125 senior technical inspectors (130 in 2020), 62 technical inspectors (69 in 2020) and 18 are deputy inspectors (22 in 2020). Noting the decline in the number of inspectors across all categories, the Committee requests the Government to provide information on the reasons for this decline as well as information on any measures taken to ensure that there is a sufficient number of inspectors for the discharge of the IGT’s functions.The Committee also requests the Government to continue to provide information on the total number of labour inspectors, as well as their grades and geographical distribution by province. Lastly, the Committee once again requests the Government to provide information on the conditions of service of labour inspectors, particularly related to remuneration (including salary and benefits) and career prospects, in comparison to public servants exercising similar functions within other government services, such as tax inspectors and police.

Articles 9, 14 and 21(g). Notification to the labour inspectorate of industrial accidents and cases of occupational disease. The Committee previously noted that section 16 of Decree No. 31/94 of 5 August 1994 on the occupational safety, hygiene and health system required employers to notify the IGT of industrial accidents and cases of occupational disease. It observed that labour inspection reports contained information on occupational accidents, but not on occupational diseases.

The Committee notes that, pursuant to the Organizational Statute of the Labour Inspectorate (No. 90/22), the former Occupational Safety and Health Centre (CSST) was eliminated, and its staff were incorporated into the Department of Occupational Safety and Hygiene and the Department of Occupational Health. It notes that pursuant to section 16(2)(h) of the Statute, the Department of Occupational Safety and Hygiene has the function of organizing the collection, analysis and recording of occupational accidents and cases of occupational diseases. The Committee further notes that while the periodic report Zero Risk includes information about the number of occupational accidents, disaggregated by sector, it does not include information on the detection or notification of any cases of occupational disease. The Committee requests the Government to provide information on the impact of the re-organization of the labour inspectorate on the monitoring of occupational safety and health. The Committee also requests the Government to take measures to ensure that future reports of the IGT contain statistical information on cases of occupational disease, in conformity with Article 21(g).

Article 12(2). Notification of the presence of inspectors. The Committee notes that section 22(b) of the Organizational Statute of Labour Inspection No. 79/2015 provided that during an inspection, IGT personnel shall inform the employer or their representative of their presence, unless such notice would hinder the effectiveness of the inspection. Statute No. 79/2015 was repealed by the Organizational Statute of the Labour Inspectorate (No. 90/22). The Committee notes that while section 26(b) of the new Statute provides that inspectors shall inform the employer or their representative of their presence, the Statute does not refer to the possibility of forgoing this notification if the inspector considers that it may be prejudicial to the performance of their duties, as required by Article 12(2) of the Convention.The Committee requests the Government to provide information on the measures taken to give effect to Article 12(2) of the Convention, to allow inspectors the possibility of not notifying the employer of their presence should they consider such a notification to be prejudicial to the performance of their duties.

Article 16. Adequacy and frequency of labour inspection visits. The Committee notes the information published by the IGT in the periodic reports Zero Risk indicating a significant increase in the number of inspections undertaken (from 5,461 in 2019 to 9,088 in 2021), as well as in the number of violations detected (from 16,859 in 2019 to 32,473 in 2021). The Committee requests the Government to provide information on the impact of the increase in the number of inspections on the enforcement of the legal provisions relating to conditions of work and the protection of workers, as well as more specific information on the nature of the violations detected, and to continue to provide information on the number of inspections undertaken and the number and nature of violations detected in the course of these inspections, as well as on the outcome of the inspections.

Articles 20 and 21. Publication and communication of an annual report on labour inspection. The Committee welcomes the detailed information on the activities of the IGT published in the periodic reports Zero Risk, available on the website of the IGT. The Committee requests the Government to continue its efforts to publish periodic reports on the activities of the IGT, and to take measures to ensure that they are transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.

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The Committee notes the observations of the National Union of Angolan Workers (UNTA) received in 2019, which include reference to responsibilities under Articles 6 and 11(1)(a) and (b) of the Convention.

Article 3(2) of the Convention. Additional functions assigned to labour inspectors. 1. Mediation. The Committee previously noted that section 275 of the General Labour Act entrusted labour inspectors with the function of mediating disputes between employers and workers. It noted from the annual report on labour inspection of 2016 that the number of mediation requests had increased significantly and that 4,454 requests had been received. The Committee notes that the Government does not provide information on this matter in its report. The Committee recalls that, in accordance with Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, as defined in Article 3(1). Consequently, the Committee once again requests the Government to provide information on the time and resources of the inspection services spent on mediation, in relation to their primary duties as defined in Article 3(1) of the Convention.

2. Immigration. In its previous comments, the Committee noted that the annual labour inspection reports 2014 to 2016 contained information on the number of foreign workers, disaggregated between residents, non-residents and refugees. It also noted that the labour inspection report of 2016 stated that one of the most significant issues that arises in the course of the inspectorate’s work is the procedure for hiring of non-resident workers. The Committee notes that the Government does not provide information on this matter. Consequently, the Committee once again requests the Government to provide further information on the role of labour inspectors with regard to the monitoring of the immigration status of foreign workers.

Article 6 Inspection staff composed of public officials. In its previous comments, the Committee noted the Governments’ indication that in general labour inspectors have the same status as public servants. The Committee notes the observations of the UNTA that the functioning of the labour inspectorate remains weak due to the low wages that inspectors receive. The Committee requests the Government to provide information on the measures taken or envisaged to improve the conditions of service of labour inspectors, particularly related to remuneration and career prospects. In this respect, the Committee requests the Government to provide information on the salary, benefits, and career prospects of labour inspectors, disaggregated by senior technical, technical, and deputy, in comparison to public servants exercising similar functions within other government services, such as tax inspectors and police.

Articles 10 and 11(1)(a) and (b). Human and financial resources, means of action and transport facilities available to the inspection services. The Committee notes that the UNTA refers to a reduced number of labour inspectors to cover a high number of enterprises as well as insufficient means of transport.

The Committee also notes the Government’s indication, in response to the Committee’s previous request, that the organizational structure of the General labour inspectorate includes both a Directorate (central services, including administrative bodies, support services and executives) and local offices pursuant to section 7 of the Organic Statute of Labour Inspection (OSLI). The Government indicates that the central authority, which oversees all work throughout the country, provides facilities or offices for the operations of the respective services. With regard to the geographical distribution of inspection offices, the Government indicates that, because the inspectorate operates through its local offices, there is one in each of the 18 provinces of the country. In addition, the Committee notes that the labour inspectorate currently has 277 inspectors for the country as a whole (a significant increase from the 144 noted in 2016), of which 56 hold management and executive posts, 130 are senior technical inspectors, 69 are Grade 3 technical inspectors and 22 are deputy inspectors. With regard to transport, the Government indicates that, although they are not sufficient, the labour inspectorate has its own vehicles with which to meet its transport needs during the discharge of its duties. Taking due note of the organizational and geographical distribution of the General labour inspectorate and local offices and the total number of labour inspectors, the Committee requests the Government to continue to provide information on the total number of labour inspectors as well as their grades and geographical distribution by province. In addition, the Committee requests the Government to provide information on specific actions taken to ensure that adequate material means are provided to inspectors for the performance of their functions throughout the territory, and that any costs incurred by inspectors in the performance of their duties are reimbursed. The Committee requests the Government to provide information in particular on the transport facilities available to labour inspectors in each province, and the total amount spent on travel allowances each year.

Articles 14 and 21(g). Notification to the labour inspectorate of industrial accidents and cases of occupational disease. The Committee previously noted that pursuant to section 13(2) of the OSLI, the Department of Safety, Hygiene and Health at Work ensures the collection, treatment and analysis of occupational accident and disease data as well as the preparation of annual statistical reports. It also noted that the labour inspection reports of 2015 and 2016 contained information on occupational accidents. The Committee notes the Government’s indication that pursuant to section 16 of Decree No. 31/94 of 5 August 1994 on the occupational safety, hygiene and health system, employers are required to notify the General labour inspectorate of industrial accidents and cases of occupational disease. In addition, it notes that fatal work accidents must be mandatorily reported to the competent judicial bodies within 24 hours after their occurrence. Lastly, the Committee notes that a violation of an employer’s duty to provide notification of industrial accidents and cases of occupational disease is punishable by a fine of up to ten times the average wage paid by the enterprise pursuant to section 31 of Decree No. 31/94. The Committee requests the Government to provide information on any violations of the employer duties identified above, and the amounts of any fines levied and collected as a result of those violations. The Committee also requests the Government to take measures to ensure that future annual labour inspection reports contain statistical information on cases of occupational disease, in conformity with Article 21(g).

Articles 20 and 21. Publication and communication of an annual report on labour inspection. The Committee notes that the annual report on the activities of the labour inspectorate has not been communicated since 2016. The Committee requests the Government to take the necessary measures to ensure that annual labour inspection reports are prepared, published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.

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The Committee notes the observations of National Union of Angolan Workers (UNTA) received 30 August 2019, which state that the labour inspectorate is quite weak, due to the low number of inspectors compared to the number of enterprises, as well as low salaries for inspectors and insufficient means of transportation for the conduct of inspections. With reference to its comments on Articles 6 and 11(1)(a) and (b) below, 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 expects that the next report will contain full information on the matters raised in its previous comments.

Reform of the labour inspection system. The Committee notes with interest the adoption of Presidential Decree No. 79/15 of 13 April 2015, enacting the Organic Statute of Labour Inspection (OSLI), which repeals the Presidential Decree No. 9/95 Regulations of the Inspectorate- General of Labour, and gives effect to the following Articles of the Convention: 1, 2(1), 3(1), 4, 5(a), 7(1) and (2), 12, 13, 15(b) and (c), 17, and 22.

Article 3(2) of the Convention. Additional functions assigned to labour inspectors. Mediation. The Committee previously noted that section 275 of the General Labour Act entrusted labour inspectors with the function of mediating disputes between employers and workers. The Committee notes from the statement in the annual report on labour inspection of 2016, that the number of mediation requests has increased significantly and that 4,454 requests were received. The Committee requests the Government to provide the information on the time and resources of the inspection services spent on mediation, in relation to their primary duties as defined in Article 3(1) of the Convention.

Inspection of foreign workers. Following its previous comments, the Committee notes that the annual labour inspection reports 2014 to 2016 contain information on the number of foreign workers, disaggregated between residents, non-residents and refugees. It also notes that the labour inspection report of 2016 states that one of the most significant issues that arises in the course of the inspectorate’s work is the procedure for hiring a non-resident workers. The Committee requests the Government to provide further information on the role of labour inspectors with regard to the monitoring of the immigration status of foreign workers.

Article 4. Supervision and control of the labour inspection system by a central authority. The Committee takes due note of the Government’s statement in its report, in response to its previous request concerning Article 4, that the General Labour Inspectorate reports to, without being directly dependant on, the Ministry of Public Administration, Labour and Social Security and that it receives guidance from that Ministry.

Article 6. Inspection staff composed of public officials. The Committee notes the information provided by the Government in its report, in response to the Committee’ previous request, that in general labour inspectors have the same status as public servants. The Committee requests the Government to provide further information on the conditions of service of labour inspectors, particularly related to remuneration and career prospects.

Article 11(1)(a) and (b). Human and financial resources, means of action and transport facilities available to the inspection services. The Committee notes an absence of information in response to its previous request concerning the resources referred to in Article 11(a) of the Convention. The Committee also notes that, pursuant to section 40 of the OSLI, the labour inspectors are able, when in service and upon display of their identification card, to use public transportation free of charge in the geographic area indicated. The Committee once again requests the Government to provide information regarding how the central inspection authority ensures that inspection offices, especially local offices, have the human resources, equipment and office furnishings necessary for inspection duties. The Committee also requests the Government to provide further information on the manner in which it ensures the provision of the necessary transport facilities for the performance of labour inspectors’ duties in cases where suitable public facilities do not exist. It also requests the Government to provide information on the measures taken for the reimbursement of labour inspectors in the various provincial inspectorates of all travel and incidental expenses necessary for the discharge of their duties.

Article 14. Notification to the labour inspectorate of industrial accidents and cases of occupational disease. The Committees notes that pursuant to section 13(2) of the OSLI, the Department of Safety, Hygiene and Health at Work shall ensure the collection, treatment and analysis of occupational accident and disease data as well as the preparation of annual statistical reports. The Committee also takes due note of the detailed information contained in the annual labour inspection reports of 2015 and 2016 concerning occupational accidents registered with the labour inspectorate. The Committee requests the Government to provide information on the manner in which the labour inspectorate is notified of cases of occupational disease.

Article 18. Appropriate penalties. The Committee previously noted that section 308 of the General Labour Act of 2015 provides that violations of labour legislation are punishable by fines to be imposed in accordance with the law implementing this provision, and it requested information on the adoption of implementing legislation. In this respect, the Committee takes due note of the Presidential Decree No. 154/2016 on the Legal Regime of Fines for Contraventions of the General Labour Act, adopted on 15 June 2016, which establishes the applicable penalties for violations of the General Labour Act.

Articles 20 and 21. Publication and communication of an annual report on labour inspection. The Committee notes with interest the detailed annual reports on labour inspection communicated by the Government for 2015 and 2016, containing the following information: (i) the relevant laws and regulations to the work of inspection service; (ii) the number of labour inspectors (151 in 2015 and 144 in 2016); the number of inspections undertaken (7,147 in 2015 and 7,050 in 2016); (iii) the number of workers in the workplaces inspected (247,685 in 2015 and 191,072 in 2016); (iv) the statistics of the 25 most recurrent violations; (v) the number of penalties imposed (24,958 in 2015 and 21,124 in 2016); and (vi) the number of industrial accidents (982 in 2015 and 969 in 2016). Taking due note of this information, the Committee once again requests the Government to takes measures to ensure that the annual reports also contain information on cases of occupational disease, in accordance with Article 21(g) of the Convention.

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Reform of the labour inspection system. The Committee notes with interest the adoption of Presidential Decree No. 79/15 of 13 April 2015, enacting the Organic Statute of Labour Inspection (OSLI), which repeals the Presidential Decree No. 9/95 Regulations of the Inspectorate- General of Labour, and gives effect to the following Articles of the Convention: 1, 2(1), 3(1), 4, 5(a), 7(1) and (2), 12, 13, 15(b) and (c), 17, and 22.

Article 3(2) of the Convention. Additional functions assigned to labour inspectors. Mediation. The Committee previously noted that section 275 of the General Labour Act entrusted labour inspectors with the function of mediating disputes between employers and workers. The Committee notes from the statement in the annual report on labour inspection of 2016, that the number of mediation requests has increased significantly and that 4,454 requests were received. The Committee requests the Government to provide the information on the time and resources of the inspection services spent on mediation, in relation to their primary duties as defined in Article 3(1) of the Convention.

Inspection of foreign workers. Following its previous comments, the Committee notes that the annual labour inspection reports 2014 to 2016 contain information on the number of foreign workers, disaggregated between residents, non-residents and refugees. It also notes that the labour inspection report of 2016 states that one of the most significant issues that arises in the course of the inspectorate’s work is the procedure for hiring a non-resident workers. The Committee requests the Government to provide further information on the role of labour inspectors with regard to the monitoring of the immigration status of foreign workers.

Article 4. Supervision and control of the labour inspection system by a central authority. The Committee takes due note of the Government’s statement in its report, in response to its previous request concerning Article 4, that the General Labour Inspectorate reports to, without being directly dependant on, the Ministry of Public Administration, Labour and Social Security and that it receives guidance from that Ministry.

Article 6. Inspection staff composed of public officials. The Committee notes the information provided by the Government in its report, in response to the Committee’ previous request, that in general labour inspectors have the same status as public servants. The Committee requests the Government to provide further information on the conditions of service of labour inspectors, particularly related to remuneration and career prospects.

Article 11(1)(a) and (b). Human and financial resources, means of action and transport facilities available to the inspection services. The Committee notes an absence of information in response to its previous request concerning the resources referred to in Article 11(a) of the Convention. The Committee also notes that, pursuant to section 40 of the OSLI, the labour inspectors are able, when in service and upon display of their identification card, to use public transportation free of charge in the geographic area indicated. The Committee once again requests the Government to provide information regarding how the central inspection authority ensures that inspection offices, especially local offices, have the human resources, equipment and office furnishings necessary for inspection duties. The Committee also requests the Government to provide further information on the manner in which it ensures the provision of the necessary transport facilities for the performance of labour inspectors’ duties in cases where suitable public facilities do not exist. It also requests the Government to provide information on the measures taken for the reimbursement of labour inspectors in the various provincial inspectorates of all travel and incidental expenses necessary for the discharge of their duties.

Article 14. Notification to the labour inspectorate of industrial accidents and cases of occupational disease. The Committees notes that pursuant to section 13(2) of the OSLI, the Department of Safety, Hygiene and Health at Work shall ensure the collection, treatment and analysis of occupational accident and disease data as well as the preparation of annual statistical reports. The Committee also takes due note of the detailed information contained in the annual labour inspection reports of 2015 and 2016 concerning occupational accidents registered with the labour inspectorate. The Committee requests the Government to provide information on the manner in which the labour inspectorate is notified of cases of occupational disease.

Article 18. Appropriate penalties. The Committee previously noted that section 308 of the General Labour Act of 2015 provides that violations of labour legislation are punishable by fines to be imposed in accordance with the law implementing this provision, and it requested information on the adoption of implementing legislation. In this respect, the Committee takes due note of the Presidential Decree No. 154/2016 on the Legal Regime of Fines for Contraventions of the General Labour Act, adopted on 15 June 2016, which establishes the applicable penalties for violations of the General Labour Act.

Articles 20 and 21. Publication and communication of an annual report on labour inspection. The Committee notes with interest the detailed annual reports on labour inspection communicated by the Government for 2015 and 2016, containing the following information: (i) the relevant laws and regulations to the work of inspection service; (ii) the number of labour inspectors (151 in 2015 and 144 in 2016); the number of inspections undertaken (7,147 in 2015 and 7,050 in 2016); (iii) the number of workers in the workplaces inspected (247,685 in 2015 and 191,072 in 2016); (iv) the statistics of the 25 most recurrent violations; (v) the number of penalties imposed (24,958 in 2015 and 21,124 in 2016); and (vi) the number of industrial accidents (982 in 2015 and 969 in 2016). Taking due note of this information, the Committee once again requests the Government to takes measures to ensure that the annual reports also contain information on cases of occupational disease, in accordance with Article 21(g) of the Convention.

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Legislation. The Committee notes the adoption of Act No. 7/15 of 15 June 2015, enacting the General Labour Act, which repeals the General Labour Act of 2000 in its totality.

Reform of the labour inspection system. Noting that the Government’s report does not reply to its previous comments on this subject, the Committee once again requests the Government to provide information on the measures taken in the context of the reform of the labour inspection system. The Committee requests the Government to identify in particular the steps that have been taken to give effect to the recommendations made in the context of ILO technical assistance in relation to the implementation of the legislative reforms, including: (1) the adoption of the draft conditions of service of the General Labour Inspectorate; (2) the need to secure the enforcement of legal provisions (Articles 3(1), 16 and 17 of the Convention); (3) the conditions of service of labour inspectors (remuneration and career prospects, in accordance with Article 6); and (4) the requirement to notify labour inspectors of industrial accidents and cases of occupational disease (Article 14).

Article 3 of the Convention. Additional functions assigned to labour inspectors. Mediation. The Committee notes that section 275 of the new General Labour Act entrusts labour inspectors with the function of mediating in disputes between employers and workers. The Committee recalls that the principal functions of labour inspectors are set out in Article 3(1) of the Convention and do not include mediation. The Committee refers to paragraphs 72 to 74 of its 2006 General Survey on labour inspection, and emphasizes that the time and energy required for that function are liable to be to the detriment of the discharge of the principal duties of labour inspectors. The Committee therefore encourages the Government to take the necessary measures to ensure that labour inspectors are relieved in law and practice of the functions assigned to them in the field of mediation so that they can devote themselves fully to the discharge of their principal functions, as set out in Article 3(1) of the Convention.

Inspection of foreign workers. In the absence of a reply from the Government on this subject, the Committee once again requests the Government to specify the role of labour inspectors with regard to foreign workers who are not legally entitled to remain in the country, and the means by which it is ensured that these workers can obtain their entitlements acquired in the course of their working relationship.

Articles 4 and 11. Supervision and control of the labour inspection system by a central authority, human and financial resources, and means of action and transport facilities available to the inspection services. In its previous comments, the Committee noted that the General Labour Inspector is the central inspection authority. The Committee indicated its understanding that the expenses related to inspection activities were assumed, to some extent, by the General Secretariat of the Ministry of Public Administration, Employment and Social Security, as well as by provincial governments. In the absence of a reply to its previous request on this subject, the Committee once again requests the Government to specify how the central inspection authority ensures that inspection offices, especially local offices, have the human resources, equipment and office furnishings necessary, and the necessary transport facilities for the discharge of inspection duties in accordance with the needs of each province. It also requests the Government to specify the measures taken for the reimbursement to labour inspectors in the various provincial inspectorates of all travelling and incidental expenses necessary for the discharge of their duties.

Article 18. Appropriate penalties. The Committee notes that the terms of section 308 of the General Labour Act provide that violations of labour legislation are punishable by fines to be imposed in accordance with the law implementing this provision. The implementing law determines the minimum and maximum amounts of fines, identifies which body is responsible for their imposition and the criteria for their level and the conditions for their prescription. The Committee requests the Government to provide the implementing text for this provision.

Article 21. Annual inspection report. The Committee notes with interest the annual inspection reports communicated by the Government for 2011, 2012, 2013 and 2014, and the report for the first quarter of 2015. It notes that these reports contain information, in particular, on: the number of inspectors by category; the number of inspections and the number of workplaces inspected by sector; the number of contraventions by subject; the number of infringement reports; the number of industrial accidents by their gravity and by sector; and the number of occasions on which technical information and advice has been provided. The Committee requests the Government to ensure that the annual inspection reports also contain information on cases of occupational disease, in accordance with Article 21(g) of the Convention.

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The Committee refers the Government to its observation and requests it to provide further information on the following points.

Articles 3(1)(a), 10, 16 and 21(b) and (c) of the Convention. Matching human resources to inspection needs. The Committee would be grateful if the Government would communicate the total number of labour inspectors currently in service. It also requests the Government to specify which inspection staff categories are responsible for inspection visits to workplaces and whether all the inspectors assigned to workplace inspection have responsibility for ensuring enforcement of legal provisions regarding safety and health at work. Furthermore, the Committee requests the Government to provide updated information in its next report on the number of workplaces liable to inspection and the number of workers employed therein.

Articles 3(1)(a), 13, 17 and 18. The role of labour inspectors regarding occupational safety, health and welfare. The Committee notes that the annual inspection report for 2010 shows a greater tendency to remedy infringements in the area of general working conditions than in the area of health and safety. It also notes that, according to information contained in the same report, the most widespread infringements in terms of occupational health and safety are: the failure to provide personal protective equipment to workers or the provision of quantitatively and qualitatively inadequate equipment; the failure of workers to undergo medical examinations and the failure to set up occupational health and safety services and employment injury prevention committees. The Committee notes from the information provided in the two annual reports that there is a fairly marked difference between the number of “social” and “technical” visits. The Committee requests the Government to specify reasons which may explain such a difference in the number of these visits, the purposes of which are to supervise general working conditions on the one hand and, on the other, occupational health and safety. The Committee would also be grateful if the Government would provide information on the manner in which labour inspectors exercise the powers provided for in Article 13 of the Convention (with statistics on injunction measures with specific time limits and those with immediate executory force ordered during the period covered by the Government’s last report), and on the sanctions imposed.

Article 3(1)(a) and (2). Extending the legislative areas covered by the labour inspection services. Inspection of working conditions and illegal employment. The Committee notes the information contained in the annual inspection report for 2010, according to which labour inspectors are responsible for monitoring the presence of foreigners legally entitled to be in the country and compliance with the contractual conditions concluded between them and the employers. The Committee requests the Government to specify the role of labour inspectors with regard to foreign workers who are not legally entitled to remain in the country, and the manner in which it is ensured that these workers can obtain their entitlements acquired in the course of their actual employment relationship.

Articles 4 and 11. Supervision and control of the labour inspection system by a central authority and human and financial resources, and means of action and transport available to the inspection services. The Committee notes that, according to information contained in the annual inspection report for 2011, the General Labour Inspectorate is the central inspection authority. The Committee understands that the expenses related to inspection activities are assumed, to some extent, by the general secretariat of the Ministry of Public Administration, Employment and Social Security and by provincial government budgets. The Committee requests the Government to specify how the central inspection authority ensures that the offices, especially local offices, have human resources, equipment and office furnishings that meet the needs of each one, and the necessary transport facilities for inspection duties to be performed according to the needs of each province, and that the labour inspectors of the various provincial services are reimbursed for all travelling and incidental expenses necessary for the performance of their duties. The Committee also requests the Government to describe the means of transport assigned to each local inspection office.

Part V of the report form. The Committee requests the Government to indicate the representative workers’ and employers’ organizations to which a copy of the Government’s report has been provided, in accordance with article 23, paragraph 2 of the ILO Constitution. If no copy has been provided to the above organizations, the Committee requests the Government to specify the reasons which may explain such a situation.

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ILO technical assistance and reform of the labour inspection system. In its previous comments, the Committee requested the Government to keep the ILO informed of measures taken in the framework of the ongoing reform of the labour inspection system, particularly in respect of the recommendations made by the Office. The Government indicates that the implementation of the Institutional Development Plan is based on: (a) organic restructuring; (b) adequacy of human resources; (c) adequacy of infrastructure and means of action; and (d) institutional cooperation. It states that a draft organic statute on the general labour inspectorate has been prepared and submitted to the competent bodies for evaluation and approval.

The Committee also notes with interest the information provided in the Government’s report and that contained in the 2010 and 2011 inspection reports, particularly concerning: (a) the recruitment by competition in 2011 of 78 new inspectors and the recruitment and initial training planned for 2012 of a further 58 inspectors; (b) the implementation of an initial 120-hour training course for labour inspectors on labour inspection and control activities, including an introduction to law and to occupational safety and health; (c) the organization of continuous training sessions, particularly in the areas of labour relations and occupational safety and health; (d) the acquisition in 2011 of 30 cars for use by local offices and the acquisition of another 30 planned for 2012; (e) the supply of computers to central and local offices and the supply of 50 laptops for 50 country units planned for 2012; (f) the renewal of much of the office furniture in central offices and in the Luanda local services; (g) the development of a data base, which, the Government hopes, will be finalized by the end of 2012; (h) the holding of a conference on the new occupational safety and health challenges organized with ILO support and attended by 50 labour inspectors, as well as employers’ and workers’ representatives; (i) the participation of inspectors from the ministries of industry, of health and of the interior in a visit to facilities of a nitrogen production plant; (j) the launching in 2010 and 2011 of campaigns on occupational accident and disease prevention in the civil construction sector; (k) the holding of and participation in conferences and seminars organized by enterprises on occupational safety and health, occupational accident and disease prevention and the responsibility of employers and workers in the application of standards on occupational safety and health. The Committee requests the Government to continue providing information on the measures taken in the framework of the reform of the labour inspection system, particularly the measures to follow-up on the recommendations made in the context of ILO assistance for the implementation of the legislative reforms, describing their impaction on the application of the Convention in the areas of occupational safety and health, conditions of service (remuneration and labour inspectors’ career prospects), the functions of labour inspectors (with a view to relieving them of additional functions, such as mediation and conciliation), classification of breaches of labour law according to their gravity, determination of appropriate sanctions, the obligation to notify to the labour inspectorate cases of occupational accidents and diseases, and the need to ensure the enforcement of legal provisions. The Committee would be grateful if the Government would also provide a copy of any relevant texts or documents.

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

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The Committee 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 annual inspection report for 2009, containing figures on the staff of the labour inspection services, estimated data of workplaces liable to inspection, statistics of inspection visits, violations and penalties imposed and of industrial accidents as well as other instructive information on the activities of the General Labour Inspectorate (IGT), such as on preventive measures in the area of occupational safety and health.

The Committee notes an ongoing reform of the labour inspection system and a relevant plan for 2010–14. Further, it notes that, following a request by the Government for technical assistance and an assessment of the situation of labour inspection in the country by a multidisciplinary team of the ILO in March and April 2010 in response to this request, various recommendations were made. These recommendations relate to the need for legislative reforms, particularly as regards safety and health, the conditions of service (remuneration, career prospects) and powers of labour inspectors (with a view to relieving them of additional functions, such as mediation or conciliation), classification of breaches of labour law according to their gravity and determination of appropriate sanctions, as well as the obligation of notification to the labour inspectorate of cases of occupational accidents and diseases, and the need to ensure the application in practice of the relevant legal provisions. In addition, the Committee notes recommendations for improved initial and regular training of labour inspectors; initiation of proactive inspection visits through check-lists and computerized registers of workplaces and other useful data; the promotion of collaboration with the social partners and other bodies, such as the National Institute for Social Security (INSS), as well as the strengthening of coercive enforcement mechanisms. The Committee would be grateful if the Government would keep the ILO informed of the steps taken in the framework of the ongoing reform, particularly in relation to the recommendations made by the ILO, and communicate a copy of any relevant texts or document.

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

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The Committee notes with interest the annual inspection report for 2009, containing figures on the staff of the labour inspection services, estimated data of workplaces liable to inspection, statistics of inspection visits, violations and penalties imposed and of industrial accidents as well as other instructive information on the activities of the General Labour Inspectorate (IGT), such as on preventive measures in the area of occupational safety and health.

The Committee notes an ongoing reform of the labour inspection system and a relevant plan for 2010–14. Further, it notes with interest that, following a request by the Government for technical assistance and an assessment of the situation of labour inspection in the country by a multidisciplinary team of the ILO in March and April 2010 in response to this request, various recommendations were made. These recommendations relate to the need for legislative reforms, particularly as regards safety and health, the conditions of service (remuneration, career prospects) and powers of labour inspectors (with a view to relieving them of additional functions, such as mediation or conciliation), classification of breaches of labour law according to their gravity and determination of appropriate sanctions, as well as the obligation of notification to the labour inspectorate of cases of occupational accidents and diseases, and the need to ensure the application in practice of the relevant legal provisions. In addition, the Committee notes recommendations for improved initial and regular training of labour inspectors; initiation of proactive inspection visits through check-lists and computerized registers of workplaces and other useful data; the promotion of collaboration with the social partners and other bodies, such as the National Institute for Social Security (INSS), as well as the strengthening of coercive enforcement mechanisms. The Committee would be grateful if the Government would keep the ILO informed of the steps taken in the framework of the ongoing reform, particularly in relation to the recommendations made by the ILO, and communicate a copy of any relevant texts or document.

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With reference to its observation, the Committee draws the Government’s attention to the following points.

Articles 3, paragraph 1(b), 17 and 18 of the Convention. Enforcement action against employers that fail to heed advice and warnings in respect of all measures enforceable by the labour inspectorate. Noting the indication in the 2008 annual report that a number of inspection offices are persistently lenient in their dealings with offending employers, the Committee urges the Government to take measures to ensure that the central inspection authority complies, in law and in practice, with its duties to control and supervise all labour inspection staff, and to keep the Office informed.

Article 6. Conditions of service of labour inspectors. The Committee again asks the Government to indicate the reasons for the large gap between the highest and lowest levels of remuneration of inspection staff, and to provide information on the measures taken or envisaged to ensure that all inspection personnel have a status and conditions of service that assure them of stability of employment and independence of improper external influences.

Articles 15(c) and 16. Increase in routine inspections and observance of the principle of confidentiality regarding the source of complaints. The Committee notes that despite the principle of the annual programming of inspection visits, according to the statistics in the annual reports most inspections are carried out in response to a request for intervention or following a complaint. The Committee wishes to point out that it is essential, in order to ensure that labour inspectors observe confidentiality regarding complaints, that their presence in the workplace should not be systematically associated with a complaint in the mind of the employer or the employer’s representative. The Committee hopes that the Government will ensure, in the near future, if necessary with financial support in the context of international cooperation, that routine inspection visits are the rule, so as to encourage employers to comply with the law and so that the employer or his or her representative does not associate the inspector’s presence with the lodging of a complaint and take reprisals against the worker suspected of making it.

Articles 14 and 21(f) and (g). Notification and statistics of occupational accidents and cases of occupational illness. The Committee notes that the annual inspection report for 2008 contains statistics on occupational accidents but not on cases of occupational disease, as announced in the introduction to the document, yet the report indicates that a campaign to prevent occupational accidents and diseases was carried out. Further to its previous comments, the Committee again asks the Government to indicate the instances and the manner in which the inspectorate is informed of these accidents and diseases, and to provide a copy of any relevant texts or forms. It would also be grateful if the Government would describe the part of the abovementioned campaign that specifically targeted the prevention of occupational diseases, indicate the measures taken to inform employers, workers and practitioners (general and occupational physicians) of the procedure for reporting cases of occupational diseases, and to ensure that relevant statistics are included in future in the annual inspection report.

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The Committee notes the Government’s report, the comments by the National Union of Angolan Workers – Trade Union Confederation (UNTA–CS), received at the ILO on 17 November 2008. It also notes with interest the annual inspection report for 2008 in the form of a publication, as required by Article 20 of the Convention, and containing instructive information on the organization and working of the General Labour Inspectorate (IGT).

Legislation. Noting that the Government has not sent the information requested on the measures to develop, in consultation with the social partners, regulations to implement certain provisions of the law, the Committee requests the Government to take these measures and to keep the Office informed. It reminds the Government that it may seek assistance from the ILO for this purpose.

Article 3, paragraph 1(b), Article 17, paragraph 2, and Article 21(e) of the Convention. Practical instructive measures to prevent risks of occupational accidents and punishment of negligent employers. The Committee notes that, having declined in 2007, the number of occupational accidents again climbed to a high level in 2008. The reason appears to be a significant increase in the number of industrial and commercial workplaces (from 15,722 in 2006 to 18,555 in 2008) and of workers. In this connection, the Committee notes with interest the preventive measures taken such as: (a) the planning of inspection visits targeting activities that traditionally expose workers to a high risk of accidents (particularly civil and industrial construction and transport); (b) significant development in technical information activities; (c) various information campaigns on occupational safety and health, one of which, launched in 2007, is a standing programme on the prevention of occupational accidents and diseases in the construction sector; (d) establishment of a World Day for Safety and Health at Work; (e) dissemination in the press and audiovisual media of information on the IGT’s role in occupational safety and health, the Committee on the Prevention of Industrial Accidents in the Hydrocarbons Sector, standards concerning noise at work, occupational safety and health in the diamond mining sector; and (f) the creation of enterprise safety and health committees and accident prevention committees. The Committee would be grateful if the Government would continue to provide information on the activities carried out by inspectors to introduce an occupational risk prevention culture, and on progress made in this area (statistics on occupational accidents and cases of occupational disease, contraventions of the relevant legislation). The Committee also asks the Government to indicate the policy applied by the labour inspectorate regarding employers that are reluctant to heed its technical advice and warnings.

Article 10. Adapting the labour inspectorate’s human, material and logistical resources to the expansion of industry and commerce.  The Committee notes with interest that the staff of the inspectorate has been increased (99 inspectors in 2005, 114 in 2006, 120 in 2007 and 138 in 2008) in order to cope with the continued growth in the number of workplaces subject to inspection. The Committee requests the Government to indicate how the budget for the IGT is determined, and in particular the share of the resources earmarked for annually programmed visits to workplaces by inspectors (technical equipment, transport facilities and reimbursement of duty travel expenses, for example).

The Committee also asks the Government to provide information on any outside financial support obtained in order to reinforce the labour inspection system, and to report on any progress made in this area.

Article 3, paragraph 2, and Article 5(a). Cooperation between the labour inspection services and other public bodies and institutions. According to the Government, the feasibility of establishing a forum for cooperation in the IGT, following a proposal by the UNTA–CS, is currently under study by the National Committee on ILO-related matters. The Government also indicates that joint inspections are carried out by the control services of the provincial governments, health inspectors and financial authorities. The Committee wishes to draw the Government’s attention to the need to ensure that any cooperation between the inspection services and other public bodies or institutions should not target objectives that conflict with those of the Convention, but should contribute to improving the working of the labour inspectorate. The Committee invites the Government to refer in this connection to the Committee’s comments on this subject in its General Survey of 2006 on labour inspection (paragraphs 75–78 and 150–162), and asks the Government to provide information on the objective of the above joint inspections and on the measures taken to ensure that these do not adversely affect the duty of the labour inspectorate to protect workers.

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

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The Committee notes that the Government’s report on the application of the Convention has not been received. While noting the annual reports on the work of the labour inspection services for 2006 and 2007 received by the Office, 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:

With reference to its observation, the Committee requests the Government to provide information in its next report on the following matters.

Occupational safety and health in high-risk activities and work by children and young persons. Further to its previous comments on the substantial increase in the number of employment accidents between 2000 and 2001 and the need to strengthen inspection activities in establishments that are potentially at high risk, and particularly inspection activities of an educational nature, the Committee notes that, according to the information provided by the Government, the campaigns of technical information and awareness raising on issues of health and safety have had a positive impact, particularly in construction enterprises, where there has been an increase in the structures responsible for safety and health and in accident prevention committees. According to the Government, the increase in the frequency of employment accidents in this sector can be explained by the important rise in the number of enterprises due to the reconstruction of the country’s infrastructure. While noting the information on training activities in the fields of occupational safety, health and hygiene undertaken by the general labour inspectorate for members of employment accident prevention committees, as well as workers, the Committee nevertheless notes the persistence of a trend for an increase in employment accidents between 2001 (1,759) and 2004 (2,238), and a drastic fall in the number of so-called “technical” inspections between 2003 (419) and 2005 (93). Furthermore, statistics on activities for the provision of technical information show a net decrease between 2004 (3,605) and 2005 (2,879).

According to the annual inspection report for 2005, the decline in the statistics on work by minors can be explained by the high unemployment rate, as well as the fact that most minors are engaged in the informal economy. The Committee nevertheless notes that the employment accident statistics by branch of activity and age group for the period 2000-04 refer to victims aged between 14 and 18 years.

The Committee expresses the firm hope that the improvement in the material conditions of the labour inspectorate, particularly means of transport, will facilitate an intensification of inspections and that this will result in a rapid reversal of these trends. It also trusts that the Government will not fail to take measures to ensure the implementation of proactive inspection activities with a view to developing a culture of risk prevention. It requests the Government to provide information in its next report on any progress achieved in this respect and to ensure that labour inspectors intensify their inspection activities relating to child labour in all establishments and activities liable to inspection.

Articles 3, paragraph 1(b), 17 and 18 of the Convention. The need for balance between educational inspection functions and enforcement functions. In the view of the central inspection authority, as expressed in the annual inspection reports for 2004 and 2005, while it is important for the labour inspectorate to play an educational role, it also has to discharge a supervisory function through the use of dissuasive repressive and coercive powers so as to impose its authority and respect for the public service. The annual report for 2004 refers to the lack of rigour in local offices in their relations with employers which are in violation of legal provisions and expresses the concern of the central inspection authority with regard to the manner in which public opinion might interpret such laxity by inspectors in relation to the principles of independence and professional conduct which should govern the profession. In paragraph 280 of its General Survey of 2005 on labour inspection, the Committee emphasizes that the credibility of any inspectorate depends to a large extent on its ability to advise employers and workers on the most effective means of complying with the legal provisions within its remit; however, it also depends on the existence and implementation of a sufficiently dissuasive enforcement mechanism. Drawing the Government’s attention to the value of giving appropriate publicity to enterprises based on their good practices or the legal proceedings and sanctions imposed upon them, with a view to reinforcing the credibility of the inspectorate, the Committee requests the Government to take measures to secure for the central inspection authority, in law and practice, the necessary means for the supervision and inspection of the activities under its responsibility and to keep the ILO informed. It would be grateful if the Government would also indicate whether it is envisaged giving appropriate publicity to the activities of the inspectorate with a view to reinforcing the authority and credibility of the labour inspectorate.

Article 5(a). Cooperation between the inspection services and other government services. According to the Government, brigades combining several services, such as labour inspection, the tax authorities, social insurance, the services for migrants and foreign nationals, have been established with a view to undertaking joint inspections. The Committee would be grateful if the Government would provide information on the manner in which these types of operations are conducted and their results in relation to employers committing infringements, with an indication of the manner in which protection is afforded in this context to the social rights of illegal workers as derived from the implementation of their informal labour contracts (payment of wages, social insurance registration, entitlement to leave, etc.).

Article 5(b). Collaboration between inspection officials and employers and workers. The Committee requests the Government to indicate whether Executive Decree No. 21 of 30 April 1998 on the participation of workers in the accident prevention programme in workplaces is still in force. If so, please provide information on its application in practice.

Article 6. Conditions of service of labour inspectors. Further to its previous comments on the need to guarantee labour inspectors remuneration and career prospects which take into account the complexity of the functions they are called upon to discharge, the Committee notes that, according to the Government, labour inspectors, in the same way as inspectors and controllers in other services of the state administration, are governed by a special technical career status and that their salaries are in general equal to those of other officials in the public administration, with a 20 per cent supplement by reason of various subsidies relating to exclusivity, risks, clothing, etc. The pay scale of inspectors is however between the values of US$148 and US$1,242 and, according to the conclusions of the report of the second methodological meeting of the heads of provincial labour inspection departments (4–5 May 2005), the suggestion was made to open a public competition with a view to promoting inspectors who are currently in service. The Committee would be grateful if the Government would indicate the reasons why there is such a wide gap in the pay scale of labour inspectors and if it would keep the ILO informed of any measure adopted or envisaged to secure for all inspection staff a status and conditions of service such that they are assured of stability of employment and are independent of any improper external influences.

Article 14. Notification to the labour inspectorate of industrial accidents and cases of occupational disease. Further to its previous comments, the Committee notes that, according to the Government, the procedure for the notification of industrial accidents and cases of occupational disease is governed by Decree No. 31/94 and by Executive Decrees Nos 6/96 and 21/98. These texts designate as the recipients of notifications “the competent authorities”, without further specification. They do not contain a description of the notification procedure. Under the terms of section 11(7) of Decree No. 53 of 15 August 2005, issuing legal provisions respecting industrial accidents and occupational diseases, workers who are victims of an industrial accident or an occupational disease, who are not covered by insurance, or the members of their family, have to notify the labour inspectorate of the accident or occupational disease within eight days of its date or the date on which they became aware of it. The Committee would be grateful if the Government would indicate the cases and the manner in which the labour inspectorate is informed of industrial accidents and cases of occupational disease and provide a copy of any relevant text or notification form.

Annual inspection report. The Committee notes that efforts continue to be made to identify establishments liable to inspection and the workers engaged therein, and to collect and consolidate statistics of occupational diseases. Reminding the Government of the possibility of seeking technical assistance from the ILO so as to establish the conditions for the formulation of an annual report, its publication and communication to the ILO, in accordance with Article 26, and for the inclusion in such a report of the information required by Article 27, the Committee requests the Government to provide information on the measures adopted or envisaged for this purpose.

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The Committee notes that the Government’s report on the application of the Convention has not been received. While noting the annual reports on the work of the labour inspection services for 2006 and 2007 received by the Office, it is bound to repeat its previous observation on the following matters:

Need for legislative, structural and budgetary measures to ensure the effective operation of the labour inspection system. The Committee notes that, according to the report of the second methodological meeting of the heads of provincial labour inspection departments (4–5 May 2005), the labour inspectorate suffers from a number of shortcomings and dysfunctions preventing its effective operation: the absence of texts implementing the Labour Code; the absence of labour inspection structures in the provincial directorates of Huambo and Namibe; the excessively weak cooperation of provincial judicial and financial authorities; and the manifest inadequacy of the proportion of the budget allocated to cover the operating expenses of inspection services. The Committee hopes that the Government will not fail to ensure that these shortcomings are remedied rapidly through:

(i)    the identification of fields in which the legislation requires the adoption of regulations for its implementation in practice and tripartite consultation with a view to the formulation of appropriate provisions;

(ii)   the implementation of measures to facilitate effective and useful collaboration between the labour inspection services and other public or private bodies and institutions; and

(iii)  the determination of appropriate budgetary allocations for the normal operation of the inspection services taking into account the need for fuel, materials and office consumer items, as well as other ongoing operational expenses (rent, maintenance of premises, water supply, electricity, telephone, etc.).

The Committee would be grateful if the Government would indicate in its next report any progress achieved in this respect, as well as the difficulties encountered.

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

The Committee is addressing a request directly to the Government on other matters.

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With reference to its observation, the Committee requests the Government to provide information in its next report on the following matters.

Occupational safety and health in high-risk activities and work by children and young persons. Further to its previous comments on the substantial increase in the number of employment accidents between 2000 and 2001 and the need to strengthen inspection activities in establishments that are potentially at high risk, and particularly inspection activities of an educational nature, the Committee notes with interest that, according to the information provided by the Government, the campaigns of technical information and awareness raising on issues of health and safety have had a positive impact, particularly in construction enterprises, where there has been an increase in the structures responsible for safety and health and in accident prevention committees. According to the Government, the increase in the frequency of employment accidents in this sector can be explained by the important rise in the number of enterprises due to the reconstruction of the country’s infrastructure. While noting with interest the information on training activities in the fields of occupational safety, health and hygiene undertaken by the general labour inspectorate for members of employment accident prevention committees, as well as workers, the Committee nevertheless notes the persistence of a trend for an increase in employment accidents between 2001 (1,759) and 2004 (2,238), and a drastic fall in the number of so-called “technical” inspections between 2003 (419) and 2005 (93). Furthermore, statistics on activities for the provision of technical information show a net decrease between 2004 (3,605) and 2005 (2,879).

According to the annual inspection report for 2005, the decline in the statistics on work by minors can be explained by the high unemployment rate, as well as the fact that most minors are engaged in the informal economy. The Committee nevertheless notes that the employment accident statistics by branch of activity and age group for the period 2000-04 refer to victims aged between 14 and 18 years.

The Committee expresses the firm hope that the improvement in the material conditions of the labour inspectorate, particularly means of transport, will facilitate an intensification of inspections and that this will result in a rapid reversal of these trends. It also trusts that the Government will not fail to take measures to ensure the implementation of proactive inspection activities with a view to developing a culture of risk prevention. It requests the Government to provide information in its next report on any progress achieved in this respect and to ensure that labour inspectors intensify their inspection activities relating to child labour in all establishments and activities liable to inspection.

Articles 3, paragraph 1(b), 17 and 18 of the Convention. The need for balance between educational inspection functions and enforcement functions. In the view of the central inspection authority, as expressed in the annual inspection reports for 2004 and 2005, while it is important for the labour inspectorate to play an educational role, it also has to discharge a supervisory function through the use of dissuasive repressive and coercive powers so as to impose its authority and respect for the public service. The annual report for 2004 refers to the lack of rigour in local offices in their relations with employers which are in violation of legal provisions and expresses the concern of the central inspection authority with regard to the manner in which public opinion might interpret such laxity by inspectors in relation to the principles of independence and professional conduct which should govern the profession. In paragraph 280 of its 2005 General Survey on labour inspection, the Committee emphasizes that the credibility of any inspectorate depends to a large extent on its ability to advise employers and workers on the most effective means of complying with the legal provisions within its remit; however, it also depends on the existence and implementation of a sufficiently dissuasive enforcement mechanism. Drawing the Government’s attention to the value of giving appropriate publicity to enterprises based on their good practices or the legal proceedings and sanctions imposed upon them, with a view to reinforcing the credibility of the inspectorate, the Committee requests the Government to take measures to secure for the central inspection authority, in law and practice, the necessary means for the supervision and inspection of the activities under its responsibility and to keep the ILO informed. It would be grateful if the Government would also indicate whether it is envisaged giving appropriate publicity to the activities of the inspectorate with a view to reinforcing the authority and credibility of the labour inspectorate.

Article 5(a). Cooperation between the inspection services and other government services. According to the Government, brigades combining several services, such as labour inspection, the tax authorities, social insurance, the services for migrants and foreign nationals, have been established with a view to undertaking joint inspections. The Committee would be grateful if the Government would provide information on the manner in which these types of operations are conducted and their results in relation to employers committing infringements, with an indication of the manner in which protection is afforded in this context to the social rights of illegal workers as derived from the implementation of their informal labour contracts (payment of wages, social insurance registration, entitlement to leave, etc.).

Article 5(b). Collaboration between inspection officials and employers and workers. The Committee requests the Government to indicate whether Executive Decree No. 21 of 30 April 1998 on the participation of workers in the accident prevention programme in workplaces is still in force. If so, please provide information on its application in practice.

Article 6. Conditions of service of labour inspectors. Further to its previous comments on the need to guarantee labour inspectors remuneration and career prospects which take into account the complexity of the functions they are called upon to discharge, the Committee notes that, according to the Government, labour inspectors, in the same way as inspectors and controllers in other services of the state administration, are governed by a special technical career status and that their salaries are in general equal to those of other officials in the public administration, with a 20 per cent supplement by reason of various subsidies relating to exclusivity, risks, clothing, etc. The pay scale of inspectors is however between the values of US$148 and US$1,242 and, according to the conclusions of the report of the second methodological meeting of the heads of provincial labour inspection departments (4-5 May 2005), the suggestion was made to open a public competition with a view to promoting inspectors who are currently in service. The Committee would be grateful if the Government would indicate the reasons why there is such a wide gap in the pay scale of labour inspectors and if it would keep the ILO informed of any measure adopted or envisaged to secure for all inspection staff a status and conditions of service such that they are assured of stability of employment and are independent of any improper external influences.

Article 14. Notification to the labour inspectorate of industrial accidents and cases of occupational disease. Further to its previous comments, the Committee notes that, according to the Government, the procedure for the notification of industrial accidents and cases of occupational disease is governed by Decree No. 31/94 and by Executive Decrees Nos. 6/96 and 21/98. These texts designate as the recipients of notifications “the competent authorities”, without further specification. They do not contain a description of the notification procedure. Under the terms of section 11(7) of Decree No. 53 of 15 August 2005, issuing legal provisions respecting industrial accidents and occupational diseases, workers who are victims of an industrial accident or an occupational disease, who are not covered by insurance, or the members of their family, have to notify the labour inspectorate of the accident or occupational disease within eight days of its date or the date on which they became aware of it. The Committee would be grateful if the Government would indicate the cases and the manner in which the labour inspectorate is informed of industrial accidents and cases of occupational disease and provide a copy of any relevant text or notification form.

Annual inspection report. The Committee notes with interest that efforts continue to be made to identify establishments liable to inspection and the workers engaged therein, and to collect and consolidate statistics of occupational diseases. Reminding the Government of the possibility of seeking technical assistance from the ILO so as to establish the conditions for the formulation of an annual report, its publication and communication to the ILO, in accordance with Article 26, and for the inclusion in such a report of the information required by Article 27, the Committee requests the Government to provide information on the measures adopted or envisaged for this purpose.

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The Committee notes the Government’s report and the attached documents, including the annual inspection reports for 2004 and 2005, the statistical report on employment accidents for the years 2000-04, the report of the second methodological meeting of the heads of provincial labour inspection departments and Executive Decree No. 21 of 30 April 1998 issuing general regulations on employment accident prevention commissions.

1. Strengthening of personnel and improvement of material working conditions in inspection services. With reference to its previous observation, the Committee notes with interest the information reporting the strengthening of: (i) the staff of the labour inspectorate following a public competition resulting in the recruitment and training of 23 inspectors; (ii) means of transport, through the provision of 16 vehicles and 26 motorcycles; and (iii) office equipment (desks, computers and air conditioning), as well as the refurbishing and rehabilitation work on the most dilapidated premises.

2. Need for legislative, structural and budgetary measures to ensure the effective operation of the labour inspection system. The Committee notes that, according to the report of the second methodological meeting of the heads of provincial labour inspection departments (4-5 May 2005), the labour inspectorate suffers from a number of shortcomings and dysfunctions preventing its effective operation: the absence of texts implementing the Labour Code; the absence of labour inspection structures in the provincial directorates of Huambo and Namibe; the excessively weak cooperation of provincial judicial and financial authorities; and the manifest inadequacy of the proportion of the budget allocated to cover the operating expenses of inspection services. The Committee hopes that the Government will not fail to ensure that these shortcomings are remedied rapidly through:

(i) the identification of fields in which the legislation requires the adoption of regulations for its implementation in practice and tripartite consultation with a view to the formulation of appropriate provisions;

(ii) the implementation of measures to facilitate effective and useful collaboration between the labour inspection services and other public or private bodies and institutions; and

(iii) the determination of appropriate budgetary allocations for the normal operation of the inspection services taking into account the need for fuel, materials and office consumer items, as well as other ongoing operational expenses (rent, maintenance of premises, water supply, electricity, telephone, etc.).

The Committee would be grateful if the Government would indicate in its next report any progress achieved in this respect, as well as the difficulties encountered.

The Committee is addressing a request directly to the Government on other matters.

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The Committee refers the Government to its observation and asks it to provide additional information on the following points.

Labour inspection and child labour. The Committee notes that concern is expressed in the annual inspection report for 2000 about instances of child labour detected, particularly in certain sectors of activity, and that the central inspection authority intends to focus on supervision of the relevant legislation. It requests the Government to ensure that information on infringements reported and the measures and sanctions applied to combat child labour are regularly included in the annual inspection report.

Article 5 of the Convention. The Committee again requests the Government to provide copies of any texts applying section 93 of the Labour Code which provides for the establishment of an occupational accident prevention committee in industrial and transport undertakings.

Article 6. The Committee has already addressed the matter of the level of labour inspectors’ wages in relation to the cost of living and has stressed the need to ensure that inspectors’ remuneration and career prospects take into account the complexity of their duties in order to attract and retain in the profession staff of high quality and independent of improper external influences. The Committee observes that neither the Government’s report nor the inspection reports mention any measures taken or envisaged to this end and trusts that the Government will provide information on progress in this regard in its next report.

Article 7. The Committee notes with interest that in May 2003 21 labour inspectors attended a 78-hour training course on occupational safety, health and hygiene. The Committee would be grateful if the Government would continue to provide information on the measures taken to train serving inspectors, so that they can adapt their working methods to the new technologies and situations encountered in the sectors of activity covered by the Convention.

Articles 13 and 16. According to the report on occupational accidents in 2001, the number of such accidents has increased considerably by comparison with the previous year. The Committee trusts that in its next report the Government will provide information on measures taken to reverse this situation and to strengthen supervisory activities in workplaces where frequent accidents or particular risk factors have been identified. It further calls on the Government to ensure that labour inspectors carry out their preventive duties including the provision of information and technical advice to workers and employers and their organizations.

Articles 5(a) and 14. With reference to its previous comments, and noting that according to the annual report for 2003 the number of accidents and cases of occupational disease sent by employers to the inspection services bears no relation whatsoever to the data submitted by the insurance funds, the Committee points out the usefulness of measures to encourage cooperation between the inspection services and other services with similar activities (Article 5(a)). It again requests the Government to provide copies of any provisions implementing section 89(b) of Act No. 2/00 (Labour Code) regarding time limits and procedures for reporting occupational accidents and cases of occupational sickness to the competent authorities.

Article 18. The Committee notes that, according to the inspection report for 2003, many local inspection services are having difficulty in enforcing sanctions and that, in the majority of cases, the amounts of pecuniary sanctions are inconsistent with the law. The Committee further notes that the local services have no incentive to apply the sanctions because, in breach of Decree No. 11/03, the provincial financial authorities do not make over the proceeds of sanctions to the central labour inspectorate. The Committee requests the Government to take the necessary steps to give full effect to this Article of the Convention, to inform the Office of them and to provide detailed information on the source of the funds assigned to the labour inspectorate.

Articles 19, 20 and 21. With reference to its previous comments, the Committee notes with interest that the annual report for 2003 contains statistics of the workplaces visited, inspections carried out, violations, sanctions, occupational accidents and an indication of the cases of occupational disease. Noting that the list of inspectorate staff and a table showing recently adopted legislation were appended to the abovementioned report, the Committee requests the Government to ensure that annual inspection reports also contain statistics of the workplaces liable to inspection, the number of workers employed in them and occupational diseases (Article 21(b), (c) and (g)), are in future regularly published and sent to the Office within the time limit prescribed by Article 20.

The Committee would be grateful if the Government would provide a copy of Decree No. 11/03 of 11 March 2003.

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The Committee observes that the Government’s report does not reply to its previous comments. Noting the information in the labour inspectorate reports for the years 2000 and 2003 and the second half of 2000, and in the reports on occupational accidents in 2000 and 2001, the Committee draws the Government’s attention to the following points.

Articles 10, 11 and 16 of the Convention. The Committee notes with concern that there are again reports of a lack of human and material resources in the labour inspection services. It notes in particular the scarcity of means of transport and office supplies and the poor state of repair of typewriters in the various regional offices. The Committee further notes the significant decline in the total number of inspections and workplaces inspected, from 2,496 in 2002 to 1,559 in 2003 and from 1,836 in 2002 to 1,417 in 2003, respectively. Stressing once again the social role of labour inspection, the Committee considers that when a country’s economic situation does not allow it to apply the provisions of the Convention adequately, government must be at pains to maintain and develop the resources of the inspectorate, for example, through support from international cooperation where possible. The Committee trusts that the Government will promptly take steps to this end and that it will provide relevant information in its next report.

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

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With reference to its observation, the Committee requests the Government to provide additional information on the following points.

Article 3, paragraph 1(b), of the Convention. Noting that information and awareness activities on matters relating to occupational safety and health have been carried out by the labour inspection services with the support of the media at the national and local levels in the construction sector, the Committee would be grateful if the Government would indicate the impact of these activities in terms of employment accident statistics.

Article 5. Noting the adoption on 12 February 2000 of the General Labour Act, the Committee notes that section 93 of the Act provides for the creation of a joint commission in industrial and transport establishments for the prevention of industrial accidents with the collaboration of employers, workers, the labour inspectorate and other competent authorities in the field of occupational safety and health. Please keep the ILO informed of any measure taken in practice to give effect to this provision and provide copies of any relevant texts.

Article 6. According to the Government, despite the increase in the wage rates of public officials, the wages of labour inspectors are insufficient in relation to the cost of living. The Committee wishes to emphasize the need to take measures to guarantee labour inspectors remuneration and career prospects that are appropriate to their status and the numerous and complex tasks for which they are responsible, so as to attract and retain personnel in the profession who are protected from any improper external influences.

Article 7. Noting that, according to the Government, the provincial inspection departments require continuous methodological support, the Committee would be grateful if it would provide information on the nature of the needs that have been expressed. It also requests the Government to indicate the measures which have been taken or are envisaged with a view to the continuous training of labour inspectors.

Article 9. Noting that labour inspectors may, in accordance with the Handbook for labour inspectors of 1995, call on the collaboration of specialists in any discipline in the discharge of their duties, the Committee would be grateful if the Government would provide information on arrangements concerning such collaboration and the practical procedures for their implementation.

Article 14. Noting that the Labour Act of 11 February 2000 places the obligation upon employers of notifying the competent bodies of industrial accidents and cases of occupational disease which result in a work stoppage within specific time periods and in accordance with the law, the Committee would be grateful if the Government would provide copies of any texts issued under this provision, and of any laws or regulations respecting the cases and procedures for notification to the competent authorities of industrial accidents and cases of occupational disease.

Articles 19, 20 and 21. The Committee notes that, according to the inspection report provided, the provincial labour inspection departments are experiencing difficulties in compiling the inspection statistics required for the establishment of the quarterly reports that they are obliged to transmit to the central authority. These difficulties are impinging upon the latter’s implementation of its obligation to prepare, publish and transmit an annual report on the work of the inspection services under its control in the form and within the time limits set out in Article 20. The Committee notes in this respect that the report provided to the ILO does not cover a period of one year, but isolated six-monthly periods (first half of 1999 and first half of 2000) and that this report does not appear to be published in any way. Furthermore, these reports do not contain information on certain of the subjects set out in Article 21, which are indispensable in assessing the extent to which the Convention is applied and the effectiveness of the labour inspection services, namely: paragraph (b) staff of the labour inspection services; paragraph (c) statistics of workplaces liable to inspection and the number of workers employed therein; paragraph (g) statistics of occupational diseases. Recalling the attention that it paid in Chapter 7 of its 1995 General Survey on labour inspection to the question of reports of labour inspection services, the Committee hopes that the central inspection authority, within the meaning of the Convention, will not fail to take note of the above and that it will take the necessary measures to improve the implementation by the inspection services of their obligation to issue periodical reports in the form and in appropriate time limits with a view to enabling it to discharge its own obligations deriving from Articles 20 and 21. The Committee would be grateful if the Government would provide information on any progress achieved in this respect and requests it to take measures to ensure the publication by the central authority of the annual inspection report.

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The Committee notes the information contained in the Government’s reports for the period ending May 2001, and the statistics attached in the annex.

1. Wages, terms and conditions of service and means of transport of labour inspectors (Articles 10, 11, paragraph 1(b), and 16 of the Convention). The Committee notes the difficulties of a material nature and the inadequacy of human resources facing the provincial departments of the labour inspectorate. Emphasizing, as it did in paragraph 214 of its 1985 General Survey on labour inspection, the economic and social value of labour inspection and the social cost of reducing its effectiveness, the Committee draws the Government’s attention to the need to secure for the institution, in the distribution of the national budget, the priority that corresponds to its objective. Human resources and material needs must be determined taking into account the various branches of economic activity, the number of enterprises and their geographical distribution, as well as the number of workers employed, the means of communication and the public transport available. The Committee places particular emphasis on the need to secure transport facilities for labour inspectors, without which they are not able to inspect workplaces as thoroughly and as frequently as set out in Article 16. It requests the Government to take all the appropriate measures to improve and develop the means of action of the labour inspectorate, to provide information on any progress achieved or any difficulties encountered and to furnish statistical data regularly concerning the staffing and geographical distribution of labour inspection services, and the means of transport available to such services in their respective jurisdictions.

2. Labour inspection and child labour. In reply to the Committee’s general observation in 1999 on the role of labour inspection in combating child labour, the Government refers to the recent ratification of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee hopes that the Government will not fail to take measures to enable labour inspectors to participate actively in combating unlawful work by children and to inform the competent authorities of the situation in the country in this respect.

The Committee is addressing a request directly to the Government on other points.

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

The Committee notes the Government's report covering the period up to September, 1998. It requests the Government to provide further information on a certain number of points.

Article 6 of the Convention. The Committee notes the content of Decree No. 10/96, dated 5 April 1996, and in particular, the scale of salaries of the public officials. Please indicate what salaries correspond to the positions on the different levels of the system of labour inspection. Please also indicate the amount of the average annual wage in Angola.

Article 8. Please indicate the current percentage of women appointed to the inspection staff to each of the levels of the labour inspection.

Article 9. The Committee would be grateful if the Government could provide information concerning rules or regulations governing the participation of experts and specialists in the work of inspection. Please also indicate whether technical experts and specialists participate in the inspection visits, and the forms of their collaboration with labour inspectors.

Article 10. The Committee requests the Government to provide information on the current number of labour inspectors and the measures taken or envisaged in order to increase the number of labour inspectors in the future. Please also indicate the distribution of the inspection staff among the capital and particular regions.

Article 11, paragraph 1. The Committee asks the Government to provide information about the average number of inspectors per car (or other vehicle) in the country and about the distribution of the total number of cars among the capital and particular regions of the country.

Article 14. Please indicate whether the legislation of Angola provides for the notification to the labour inspectorate of industrial accidents and cases of occupational disease and what is the procedure for such notification.

Article 15. The Committee asks the Government to provide information on the practical application of paragraph (a) of Article 15 of the Convention and, in particular, the criteria and the procedure for its enforcement.

Article 16. The Committee asks the Government to indicate: (i) the total number of workplaces liable to inspection; (ii) the number of workplaces inspected during the latest reporting period; and (iii) the usual period between two consecutive planned inspections at each single workplace. Please also describe the manner in which the inspection visits are conducted in practice.

Article 20. The Committee notes the statistical information about the work of the labour inspection in 1994 and in the first half of 1995 and asks the Government to indicate whether it was officially published and what is the procedure for access to such report by an interested party. The Committee asks the Government to provide a copy of such report within the time limit set forth by paragraph 3 of Article 20 of the Convention.

Article 21. The Committee asks the Government to take into consideration that the annual report published by the central inspection authority should deal in particular with the subjects listed in Article 21 of the Convention, including, but not limited to, statistics of industrial accidents and statistics of occupational diseases (Article 21(f) and (g)).

The Committee also asks the Government to provide copies of the following documents:

-- Law No. 2/92 concerning General Inspection of the State Administration, dated 17 January 1992.

-- Executive Decree No. 31/94, dated 25 November 1994.

-- Legal Statute and Internal Regulations of the General Labour Inspectorate, approved by Decree No. 9/95, dated 21 April 1995.

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The Committee notes the Government's report covering the period up to September, 1998. It requests the Government to provide further information on a certain number of points.

Article 6 of the Convention. The Committee notes the content of Decree No. 10/96, dated 5 April 1996, and in particular, the scale of salaries of the public officials. Please indicate what salaries correspond to the positions on the different levels of the system of labour inspection. Please also indicate the amount of the average annual wage in Angola.

Article 8. Please indicate the current percentage of women appointed to the inspection staff to each of the levels of the labour inspection.

Article 9. The Committee would be grateful if the Government could provide information concerning rules or regulations governing the participation of experts and specialists in the work of inspection. Please also indicate whether technical experts and specialists participate in the inspection visits, and the forms of their collaboration with labour inspectors.

Article 10. The Committee requests the Government to provide information on the current number of labour inspectors and the measures taken or envisaged in order to increase the number of labour inspectors in the future. Please also indicate the distribution of the inspection staff among the capital and particular regions.

Article 11, paragraph 1. The Committee asks the Government to provide information about the average number of inspectors per car (or other vehicle) in the country and about the distribution of the total number of cars among the capital and particular regions of the country.

Article 14. Please indicate whether the legislation of Angola provides for the notification to the labour inspectorate of industrial accidents and cases of occupational disease and what is the procedure for such notification.

Article 15. The Committee asks the Government to provide information on the practical application of paragraph (a) of Article 15 of the Convention and, in particular, the criteria and the procedure for its enforcement.

Article 16. The Committee asks the Government to indicate: (i) the total number of workplaces liable to inspection; (ii) the number of workplaces inspected during the latest reporting period; and (iii) the usual period between two consecutive planned inspections at each single workplace. Please also describe the manner in which the inspection visits are conducted in practice.

Article 20. The Committee notes the statistical information about the work of the labour inspection in 1994 and in the first half of 1995 and asks the Government to indicate whether it was officially published and what is the procedure for access to such report by an interested party. The Committee asks the Government to provide a copy of such report within the time limit set forth by paragraph 3 of Article 20 of the Convention.

Article 21. The Committee asks the Government to take into consideration that the annual report published by the central inspection authority should deal in particular with the subjects listed in Article 21 of the Convention, including, but not limited to, statistics of industrial accidents and statistics of occupational diseases (Article 21(f) and (g)).

The Committee also asks the Government to provide copies of the following documents:

-- Law No. 2/92 concerning General Inspection of the State Administration, dated 17 January 1992.

-- Executive Decree No. 31/94, dated 25 November 1994.

-- Legal Statute and Internal Regulations of the General Labour Inspectorate, approved by Decree No. 9/95, dated 21 April 1995.

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The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will supply complete information on the points raised in its previous direct request which was couched as follows:

The Committee notes the information provided by the Government, including the annual inspection reports for 1988, 1989 and 1990.

Articles 10, 16, 17 and 18 of the Convention. Further to its previous comments, the Committee hopes the Government will continue in its efforts to ensure that the number of labour inspectors is adequate, covers the whole country and enables workplaces to be inspected as often and as thoroughly as necessary. In view of the numbers of violations and accidents (including 76 fatalities) reported during 1990, the Government is asked to describe the manner in which the inspection operations work in practice.

Article 11, paragraph 1. Further to its previous comments, the Committee notes that the difficulties previously reported in providing facilities for the labour inspection service, particularly as regards transport, persist. The Committee hopes that the Government will redouble its efforts to improve this situation and asks that information on developments continue to be provided.

Articles 20 and 21. Please indicate whether the annual Report on the Activities of the General Inspectorate of Labour is published. Please also include in future reports the numbers of workplaces liable to inspection and of workers employed in them (Article 21(c)).

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The Committee notes the information provided by the Government, including the annual inspection reports for 1988, 1989 and 1990.

Articles 10, 16, 17 and 18 of the Convention. Further to its previous comments, the Committee hopes the Government will continue in its efforts to ensure that the number of labour inspectors is adequate, covers the whole country, and enables workplaces to be inspected as often and as thoroughly as necessary. In view of the numbers of violations and accidents (including 76 fatalities) reported during 1990, the Government is asked to describe the manner in which the inspection operations work in practice.

Article 11, paragraph 1. Further to its previous comments, the Committee notes that the difficulties previously reported in providing facilities for the labour inspection service, particularly as regards transport, persist. The Committee hopes that the Government will redouble its efforts to improve this situation and asks that information on developments continue to be provided.

Articles 20 and 21. Please indicate whether the annual Report on the Activities of the General Inspectorate of Labour is published. Please also include in future reports the numbers of workplaces liable to inspection and of workers employed in them (Article 21(c)).

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

Articles 10 and 16 of the Convention. The Committee hopes that the Government will be able to increase the staff of the labour inspection services so that all the workplaces liable to inspection can be visited regularly.

Article 11, paragraph 1. The Committee hopes that the Government will be able to overcome the present difficulties encountered in providing for the needs of the labour inspection services, particularly as regards transport facilities. It requests the Government to supply information on any progress achieved in this respect.

Articles 20 and 21. The Committee notes the statistics for 1986 on points (b), (c), (d) and (e) of Article 21. It trusts that in future annual reports on the work of the inspection services will be published and that they will contain information on all the points set out in Article 21.