Labour Inspection Convention, 1947 (No. 81) - Singapore (RATIFICATION: 1965)

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

Repetition

Legislation. The Committee notes the information provided by the Government, in response to its previous request, concerning amendments to the Central Provident Fund Act (CPFA), the Employment Act (EA), and the Workplace Safety and Health Act (WSHA). The Government also provided information on the WorkRight Initiative, under which more than 28,000 proactive workplace inspections have been conducted since 2012, aimed at educating employers on employment laws and ensuring that they fulfil their responsibilities towards their employees, including migrant workers. The WorkRight Initiative also includes outreach activities aimed especially at vulnerable low-wage workers; the Government indicates that its “roadshows” have attracted over 100,000 individuals, including migrant workers, since 2012. The Committee notes this information.

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes the Government’s indication, in reply to its previous request, that the Ministry of Manpower (MoM) enforces employers’ statutory obligations to all migrant workers, regardless of their legal status. The Government states that the MoM educates all migrant workers to approach it if they do not receive their statutory benefits. The Government states that labour inspectors carry out controls of irregular work and employers’ obligations under the Employment of Foreign Manpower Act (EFMA). In 2017, over 2,300 inspections focused on compliance with the EFMA (compared with 5,000 inspections under the WorkRight initiative and 6,000 OSH inspections), which resulted in approximately 300 prosecutions for the EFMA offences and the imposition of over 1,000 compositions or financial penalties. The Committee requests the Government to provide information on specific actions undertaken by the MoM to ensure the enforcement of the statutory rights of migrant workers found to be in an irregular situation under the terms of the EFMA. It also asks the Government to provide information on the number of cases in which workers found to be in an irregular situation have been granted their due rights, such as the payment of outstanding wages, social security benefits, or the conclusion of an employment contract, including cases where the workers in question have left the country or are liable to expulsion.

Articles 4, 6 and 7 of the Convention. Supervision and control of the central authority. Recruitment and qualifications of labour inspectors. In its previous comments, the Committee noted that following the extension of the WSHA to all workplaces, the Government engaged the Auxiliary Enforcement Agency (AEA), with a view to extending the enforcement efforts of the MoM. It requested the Government to provide detailed information on the legal basis on which the AEA operates, the administrative organization, as well as the manner in which the AEA reports to, and is supervised by, the central labour inspection authority. The Committee notes the Government’s indication in response that the team of 20 inspectors from the AEA, who are gazetted under the WSHA, conducts approximately 12,000 inspections per year. This complements the MoM’s existing enforcement resources and maintains enforcement oversight on lower-risk workplaces. AEA officers focus on basic compliance with the WSHA such as the implementation of risk management as well as targeted operations including forklift management. AEA inspectors are required to follow up with rectification actions or bring the non-compliant workplaces to the MoM for enforcement action to be taken. In this respect, the Committee notes that the 12,000 inspections conducted in 2017 by the AEA were comparable in number to the 13,300 inspections conducted by labour inspectors under the statutory provisions and initiatives described above. The Committee further notes that pursuant to section 7 of the WSHA, inspectors for workplace safety and health shall be appointed by the Commissioner for Workplace Safety and Health. Recalling that Article 4 of Convention No. 81 requires placing labour inspection under the supervision and control of a central authority, the Committee requests the Government to provide further information on the manner in which the AEA reports to and is supervised by the central labour inspection authority, including the manner in which its inspection activities are coordinated with OSH inspection activities of the MoM. It also requests the Government to provide an organizational chart of the labour inspection system. In addition, recalling that, under Article 6 of the Convention, labour inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of improper external influences, the Committee requests the Government to provide information on the status and conditions of service of inspectors of the AEA and to indicate whether AEA inspectors are appointed in accordance with section 7 of the WSHA.

Article 7(3). Training for labour inspectors. The Committee takes note of the information provided by the Government, in reply to its previous request, that the MoM provides both initial and continuing training for inspectors. This includes a foundation programme as well as on-the-job training for new inspectors. The Government further indicates that specialist inspectors in the areas of WSHA undergo training in specific areas such as pressure vessel safety, crane safety, and occupational hygiene. The Committee notes this information.

Article 12(1). Investigation powers and the right of free access of labour inspectors to workplaces. The Committee previously noted the Government’s intention to empower labour inspectors under the EA to enter workplaces without previous notice through legislative changes. The Committee takes note of section 103(1)(aa) of the EA that empowers the Commissioner or any inspecting officer to enter without previous notice at any reasonable time any place of employment for the purpose of conducting any audit in relation to the terms and conditions of employment of any employee. Recalling that pursuant to Article 12(1)(a) labour inspectors with proper credentials shall be empowered to enter workplaces liable to inspection at any hour of the day or night, the Committee requests the Government to provide information on the implementation of section 103(1)(aa) in practice, including the proportion of unannounced inspections in relation to total labour inspections under the different statutory provisions.

Articles 20 and 21. Publication and content of an annual labour inspection report. The Committee notes the Government’s reference, in response to its previous request concerning the publication of annual labour inspection report, to the MoM and the Gazette websites. The Committee observes that these websites do not appear to contain statistics related to the labour inspection system and its activities. However, it takes due note of the Government’s indication that it will continue to consider publishing an annual report. The Committee requests the Government to pursue its efforts to publish and transmit to the ILO an annual labour inspection report, which covers all the subjects listed in Article 21 (a)–(g) of the Convention.

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Legislation. The Committee notes the information provided by the Government, in response to its previous request, concerning amendments to the Central Provident Fund Act (CPFA), the Employment Act (EA), and the Workplace Safety and Health Act (WSHA). The Government also provided information on the WorkRight Initiative, under which more than 28,000 proactive workplace inspections have been conducted since 2012, aimed at educating employers on employment laws and ensuring that they fulfil their responsibilities towards their employees, including migrant workers. The WorkRight Initiative also includes outreach activities aimed especially at vulnerable low-wage workers; the Government indicates that its “roadshows” have attracted over 100,000 individuals, including migrant workers, since 2012. The Committee notes this information.

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes the Government’s indication, in reply to its previous request, that the Ministry of Manpower (MoM) enforces employers’ statutory obligations to all migrant workers, regardless of their legal status. The Government states that the MoM educates all migrant workers to approach it if they do not receive their statutory benefits. The Government states that labour inspectors carry out controls of irregular work and employers’ obligations under the Employment of Foreign Manpower Act (EFMA). In 2017, over 2,300 inspections focused on compliance with the EFMA (compared with 5,000 inspections under the WorkRight initiative and 6,000 OSH inspections), which resulted in approximately 300 prosecutions for the EFMA offences and the imposition of over 1,000 compositions or financial penalties. The Committee requests the Government to provide information on specific actions undertaken by the MoM to ensure the enforcement of the statutory rights of migrant workers found to be in an irregular situation under the terms of the EFMA. It also asks the Government to provide information on the number of cases in which workers found to be in an irregular situation have been granted their due rights, such as the payment of outstanding wages, social security benefits, or the conclusion of an employment contract, including cases where the workers in question have left the country or are liable to expulsion..

Articles 4, 6 and 7 of the Convention. Supervision and control of the central authority. Recruitment and qualifications of labour inspectors. In its previous comments, the Committee noted that following the extension of the WSHA to all workplaces, the Government engaged the Auxiliary Enforcement Agency (AEA), with a view to extending the enforcement efforts of the MoM. It requested the Government to provide detailed information on the legal basis on which the AEA operates, the administrative organization, as well as the manner in which the AEA reports to, and is supervised by, the central labour inspection authority. The Committee notes the Government’s indication in response that the team of 20 inspectors from the AEA, who are gazetted under the WSHA, conducts approximately 12,000 inspections per year. This complements the MoM’s existing enforcement resources and maintains enforcement oversight on lower-risk workplaces. AEA officers focus on basic compliance with the WSHA such as the implementation of risk management as well as targeted operations including forklift management. AEA inspectors are required to follow up with rectification actions or bring the non-compliant workplaces to the MoM for enforcement action to be taken. In this respect, the Committee notes that the 12,000 inspections conducted in 2017 by the AEA were comparable in number to the 13,300 inspections conducted by labour inspectors under the statutory provisions and initiatives described above. The Committee further notes that pursuant to section 7 of the WSHA, inspectors for workplace safety and health shall be appointed by the Commissioner for Workplace Safety and Health. Recalling that Article 4 of Convention No. 81 requires placing labour inspection under the supervision and control of a central authority, the Committee requests the Government to provide further information on the manner in which the AEA reports to and is supervised by the central labour inspection authority, including the manner in which its inspection activities are coordinated with OSH inspection activities of the MoM. It also requests the Government to provide an organizational chart of the labour inspection system. In addition, recalling that, under Article 6 of the Convention, labour inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of improper external influences, the Committee requests the Government to provide information on the status and conditions of service of inspectors of the AEA and to indicate whether AEA inspectors are appointed in accordance with section 7 of the WSHA.

Article 7(3). Training for labour inspectors. The Committee takes note of the information provided by the Government, in reply to its previous request, that the MoM provides both initial and continuing training for inspectors. This includes a foundation programme as well as on-the-job training for new inspectors. The Government further indicates that specialist inspectors in the areas of WSHA undergo training in specific areas such as pressure vessel safety, crane safety, and occupational hygiene. The Committee notes this information.

Article 12(1). Investigation powers and the right of free access of labour inspectors to workplaces. The Committee previously noted the Government’s intention to empower labour inspectors under the EA to enter workplaces without previous notice through legislative changes. The Committee takes note of section 103(1)(aa) of the EA that empowers the Commissioner or any inspecting officer to enter without previous notice at any reasonable time any place of employment for the purpose of conducting any audit in relation to the terms and conditions of employment of any employee. Recalling that pursuant to Article 12(1)(a) labour inspectors with proper credentials shall be empowered to enter workplaces liable to inspection at any hour of the day or night, the Committee requests the Government to provide information on the implementation of section 103(1)(aa) in practice, including the proportion of unannounced inspections in relation to total labour inspections under the different statutory provisions.

Articles 20 and 21. Publication and content of an annual labour inspection report. The Committee notes the Government’s reference, in response to its previous request concerning the publication of annual labour inspection report, to the MoM and the Gazette websites. The Committee observes that these websites do not appear to contain statistics related to the labour inspection system and its activities. However, it takes due note of the Government’s indication that it will continue to consider publishing an annual report. The Committee requests the Government to pursue its efforts to publish and transmit to the ILO an annual labour inspection report, which covers all the subjects listed in Article 21 (a)–(g) of the Convention.

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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 initially made in 2013.

Repetition

Legislation. The Committee notes that, according to the Government, the Ministry of Manpower (MOM) and the Central Provident Fund Board (CPFB) are in the process of amending the Employment Act (EA) and the Central Provident Fund Act (CPFA) to increase penalties and powers of inspectors. It also notes with interest the information on the launch of the WorkRight initiative in November 2012 to enhance compliance with the EA and the CPFA. The Committee requests the Government to indicate the specific provisions of the amended legislation giving effect to the Articles of the Convention, and to communicate copies of these texts once adopted.

Furthermore, the Committee would be grateful if the Government would provide more information on the WorkRight initiative and on its impact on the protection of workers while engaged in their work. In particular, noting that the WorkRight initiative includes, inter alia, measures to educate workers on their employment rights, the Committee would be grateful if the Government would indicate if any measures have been taken within the framework of this initiative to inform foreign workers of their statutory rights, regardless of their employment status.

Article 4 of the Convention. Supervision and control of the central authority. With reference to the application of Articles 10 and 16 of the Convention, the Government indicates that, between 2012 and 2013, the number of inspectors increased from 26 to 35, and that 20 outsourced inspectors from the WorkRight inspection team have been trained to conduct labour inspections. The Government also indicates that, following the extension of the coverage of the Workplace Safety and Health Act to all workplaces, it engaged a third party agency, the Auxiliary Enforcement Agency (AEA), with a view to extending the MOM’s enforcement efforts. The Committee also notes that, according to the Government, in 2012, the MOM carries out 6,000 inspections in high-risk sectors, while the AEA inspected 11,000 lower-risk workplaces. The Committee requests the Government to provide detailed information on the legal basis on which the AEA operates, the administrative organization, the number and status of the AEA staff carrying out inspection duties, their powers, obligations and operating procedure, as well as the manner in which the AEA reports to and is supervised by the central labour inspection authority.

Article 7(3). Training for labour inspectors. The Committee would be grateful if the Government would provide information (for example: content, duration, frequency and number of participants, etc.) on initial and further training provided to labour inspectors for the performance of their duties.

Article 12(1). Investigation powers and the right of free access of labour inspectors to workplaces. The Committee notes the information on the Government’s intention to empower labour inspectors to enter workplaces without previous notice and that legislative changes in this respect are expected to be made in 2014. The Committee requests the Government to keep the Office informed of any legislative developments in this respect and to communicate a copy of the new legislation once adopted.

Articles 20 and 21. Publication and content of an annual report. The Committee notes that, according to the Government, the MOM’s integrated Occupational Safety and Health System provides a picture of OSH profiles of workplaces and workers employed therein. It also notes the annual reports of the Occupational Safety and Health Division and the Workplace Safety and Health Council (WSH) annual reports, which both focus on OSH matters. The Committee requests the Government to continue to take the necessary measures to ensure the fulfilment by the central inspection authority of its obligation to publish and transmit to the ILO an annual report dealing not only with OSH, but with all the subjects listed in Article 21(a)–(g) of the Convention. It draws the Government’s attention to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), concerning the type of information that should be included in labour inspection reports.

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes that, according to the Government, labour inspections are carried out irrespective of nationality and that employers engaging workers covered under the Employment Act are required to discharge their obligations with regard to the statutory rights of foreign workers. The Government also indicates that foreign workers “who are not complicit” in their illegal employment may seek recourse for salary arrears and other benefits. The Committee reminds the Government 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, or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. Furthermore, the Committee refers to paragraphs 75–78 of its 2006 General Survey on labour inspection, in which it emphasized, in relation to the assignment to labour inspectors of the task of supervising the legality of employment and prosecuting violations, including migrant workers in an irregular situation, that the primary duty of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of all workers and not to enforce immigration law, and that the Convention does not contain any provision suggesting that any worker be excluded from the protection afforded on account of their irregular employment status. The Committee reminds the Government that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. The Committee requests the Government to provide information on how it ensures the discharge of employers’ obligations with regard to the statutory rights of foreign workers illegally employed, regardless of whether or not they are aware of their employment status, such as the payment of wages and any other benefits owed for the work performed in the framework of their employment relationship, including where the workers in question are liable to expulsion or after they have left the country.

Furthermore, the Committee asks the Government to provide information on the time and resources the labour inspectorate spends on activities in the area of irregular work in relation to activities spends on securing the enforcement of legal provisions relating to other areas (such as provisions relating to working hours, wages, safety and health, child labour, etc.), and to continue providing relevant information on the number of inspections, violations found and penalties imposed, categorized according to the legal provisions to which they relate.

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

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

CMNT_TITLE

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

Repetition

With reference to its observation, the Committee would like to raise the following additional points.

Legislation. The Committee notes that, according to the Government, the Ministry of Manpower (MOM) and the Central Provident Fund Board (CPFB) are in the process of amending the Employment Act (EA) and the Central Provident Fund Act (CPFA) to increase penalties and powers of inspectors. It also notes with interest the information on the launch of the WorkRight initiative in November 2012 to enhance compliance with the EA and the CPFA. The Committee requests the Government to indicate the specific provisions of the amended legislation giving effect to the Articles of the Convention, and to communicate copies of these texts once adopted.

Furthermore, the Committee would be grateful if the Government would provide more information on the WorkRight initiative and on its impact on the protection of workers while engaged in their work. In particular, noting that the WorkRight initiative includes, inter alia, measures to educate workers on their employment rights, the Committee would be grateful if the Government would indicate if any measures have been taken within the framework of this initiative to inform foreign workers of their statutory rights, regardless of their employment status.

Article 4 of the Convention. Supervision and control of the central authority. With reference to the application of Articles 10 and 16 of the Convention, the Government indicates that, between 2012 and 2013, the number of inspectors increased from 26 to 35, and that 20 outsourced inspectors from the WorkRight inspection team have been trained to conduct labour inspections. The Government also indicates that, following the extension of the coverage of the Workplace Safety and Health Act to all workplaces, it engaged a third party agency, the Auxiliary Enforcement Agency (AEA), with a view to extending the MOM’s enforcement efforts. The Committee also notes that, according to the Government, in 2012, the MOM carries out 6,000 inspections in high-risk sectors, while the AEA inspected 11,000 lower-risk workplaces. The Committee requests the Government to provide detailed information on the legal basis on which the AEA operates, the administrative organization, the number and status of the AEA staff carrying out inspection duties, their powers, obligations and operating procedure, as well as the manner in which the AEA reports to and is supervised by the central labour inspection authority.

Article 7(3). Training for labour inspectors. The Committee would be grateful if the Government would provide information (for example: content, duration, frequency and number of participants, etc.) on initial and further training provided to labour inspectors for the performance of their duties.

Article 12(1). Investigation powers and the right of free access of labour inspectors to workplaces. The Committee notes the information on the Government’s intention to empower labour inspectors to enter workplaces without previous notice and that legislative changes in this respect are expected to be made in 2014. The Committee requests the Government to keep the Office informed of any legislative developments in this respect and to communicate a copy of the new legislation once adopted.

Articles 20 and 21. Publication and content of an annual report. The Committee notes that, according to the Government, the MOM’s integrated Occupational Safety and Health System provides a picture of OSH profiles of workplaces and workers employed therein. It also notes the annual reports of the Occupational Safety and Health Division and the Workplace Safety and Health Council (WSH) annual reports, which both focus on OSH matters. The Committee requests the Government to continue to take the necessary measures to ensure the fulfilment by the central inspection authority of its obligation to publish and transmit to the ILO an annual report dealing not only with OSH, but with all the subjects listed in Article 21(a)–(g) of the Convention. It draws the Government’s attention to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), concerning the type of information that should be included in labour inspection reports.

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

Repetition

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes that, according to the Government, labour inspections are carried out irrespective of nationality and that employers engaging workers covered under the Employment Act are required to discharge their obligations with regard to the statutory rights of foreign workers. The Government also indicates that foreign workers “who are not complicit” in their illegal employment may seek recourse for salary arrears and other benefits. The Committee reminds the Government 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, or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. Furthermore, the Committee refers to paragraphs 75–78 of its 2006 General Survey on labour inspection, in which it emphasized, in relation to the assignment to labour inspectors of the task of supervising the legality of employment and prosecuting violations, including migrant workers in an irregular situation, that the primary duty of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of all workers and not to enforce immigration law, and that the Convention does not contain any provision suggesting that any worker be excluded from the protection afforded on account of their irregular employment status. The Committee reminds the Government that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. The Committee requests the Government to provide information on how it ensures the discharge of employers’ obligations with regard to the statutory rights of foreign workers illegally employed, regardless of whether or not they are aware of their employment status, such as the payment of wages and any other benefits owed for the work performed in the framework of their employment relationship, including where the workers in question are liable to expulsion or after they have left the country.

Furthermore, the Committee asks the Government to provide information on the time and resources the labour inspectorate spends on activities in the area of irregular work in relation to activities spends on securing the enforcement of legal provisions relating to other areas (such as provisions relating to working hours, wages, safety and health, child labour, etc.), and to continue providing relevant information on the number of inspections, violations found and penalties imposed, categorized according to the legal provisions to which they relate.

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

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

CMNT_TITLE

With reference to its observation, the Committee would like to raise the following additional points.

Legislation. The Committee notes that, according to the Government, the Ministry of Manpower (MOM) and the Central Provident Fund Board (CPFB) are in the process of amending the Employment Act (EA) and the Central Provident Fund Act (CPFA) to increase penalties and powers of inspectors. It also notes with interest the information on the launch of the WorkRight initiative in November 2012 to enhance compliance with the EA and the CPFA. The Committee requests the Government to indicate the specific provisions of the amended legislation giving effect to the Articles of the Convention, and to communicate copies of these texts once adopted.

Furthermore, the Committee would be grateful if the Government would provide more information on the WorkRight initiative and on its impact on the protection of workers while engaged in their work. In particular, noting that the WorkRight initiative includes, inter alia, measures to educate workers on their employment rights, the Committee would be grateful if the Government would indicate if any measures have been taken within the framework of this initiative to inform foreign workers of their statutory rights, regardless of their employment status.

Article 4 of the Convention. Supervision and control of the central authority. With reference to the application of Articles 10 and 16 of the Convention, the Government indicates that, between 2012 and 2013, the number of inspectors increased from 26 to 35, and that 20 outsourced inspectors from the WorkRight inspection team have been trained to conduct labour inspections. The Government also indicates that, following the extension of the coverage of the Workplace Safety and Health Act to all workplaces, it engaged a third party agency, the Auxiliary Enforcement Agency (AEA), with a view to extending the MOM’s enforcement efforts. The Committee also notes that, according to the Government, in 2012, the MOM carries out 6,000 inspections in high-risk sectors, while the AEA inspected 11,000 lower-risk workplaces. The Committee requests the Government to provide detailed information on the legal basis on which the AEA operates, the administrative organization, the number and status of the AEA staff carrying out inspection duties, their powers, obligations and operating procedure, as well as the manner in which the AEA reports to and is supervised by the central labour inspection authority.

Article 7(3). Training for labour inspectors. The Committee would be grateful if the Government would provide information (for example: content, duration, frequency and number of participants, etc.) on initial and further training provided to labour inspectors for the performance of their duties.

Article 12(1). Investigation powers and the right of free access of labour inspectors to workplaces. The Committee notes the information on the Government’s intention to empower labour inspectors to enter workplaces without previous notice and that legislative changes in this respect are expected to be made in 2014. The Committee requests the Government to keep the Office informed of any legislative developments in this respect and to communicate a copy of the new legislation once adopted.

Articles 20 and 21. Publication and content of an annual report. The Committee notes that, according to the Government, the MOM’s integrated Occupational Safety and Health System provides a picture of OSH profiles of workplaces and workers employed therein. It also notes the annual reports of the Occupational Safety and Health Division and the Workplace Safety and Health Council (WSH) annual reports, which both focus on OSH matters. The Committee requests the Government to continue to take the necessary measures to ensure the fulfilment by the central inspection authority of its obligation to publish and transmit to the ILO an annual report dealing not only with OSH, but with all the subjects listed in Article 21(a)–(g) of the Convention. It draws the Government’s attention to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), concerning the type of information that should be included in labour inspection reports.

CMNT_TITLE

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes that, according to the Government, labour inspections are carried out irrespective of nationality and that employers engaging workers covered under the Employment Act are required to discharge their obligations with regard to the statutory rights of foreign workers. The Government also indicates that foreign workers “who are not complicit” in their illegal employment may seek recourse for salary arrears and other benefits. The Committee reminds the Government 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, or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. Furthermore, the Committee refers to paragraphs 75–78 of its 2006 General Survey on labour inspection, in which it emphasized, in relation to the assignment to labour inspectors of the task of supervising the legality of employment and prosecuting violations, including migrant workers in an irregular situation, that the primary duty of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of all workers and not to enforce immigration law, and that the Convention does not contain any provision suggesting that any worker be excluded from the protection afforded on account of their irregular employment status. The Committee reminds the Government that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. The Committee requests the Government to provide information on how it ensures the discharge of employers’ obligations with regard to the statutory rights of foreign workers illegally employed, regardless of whether or not they are aware of their employment status, such as the payment of wages and any other benefits owed for the work performed in the framework of their employment relationship, including where the workers in question are liable to expulsion or after they have left the country.

Furthermore, the Committee asks the Government to provide information on the time and resources the labour inspectorate spends on activities in the area of irregular work in relation to activities spends on securing the enforcement of legal provisions relating to other areas (such as provisions relating to working hours, wages, safety and health, child labour, etc.), and to continue providing relevant information on the number of inspections, violations found and penalties imposed, categorized according to the legal provisions to which they relate.

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

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Articles 3(1)(a), 8, 10 and 16 of the Convention. Functioning of the labour inspection system and number of labour inspectors. The Committee notes with interest the extension of the coverage of the Workplace, Safety and Health Act (WSHA) to all workplaces in Singapore, including factories, and the retail, entertainment, finance and education sectors among others, bringing 100,000 employers and 1.6 million employees under the purview of the Act as of September 2011. It nevertheless notes that the number of full-time inspectors working in the Occupational Safety and Health Division (OSHD) has slightly increased from 160 to 165, including 54 women, and still falls short of the target of 280 inspectors indicated by the Government in its 2006 report. The Committee notes the information provided by the Government regarding targeted occupational safety and health (OSH) inspections in the areas of Work-at-Height and Crane Safety, which in 2010 recorded 800 and 400 inspections, respectively.

The Committee also notes that the number of full-time inspectors working within the Standards Compliance Section (SCS) of the Labour Relations Workplaces Division has increased from 18 to 26, including six women. However, unlike in previous years, no statistical information was provided regarding the number of inspections in the field of labour relations. Nevertheless, the Committee notes that the Government continues to focus on investigation into complaints and salary defaults, as well as targeted enforcement in high-risk and low-wage sectors such as cleaning and security, while progressively expanding its focus on other sectors including food and beverage, logistics, retail and landscaping.

The Committee would be grateful if the Government would continue to provide detailed information on the functioning of the labour inspection system and in particular:

• – its needs in terms of human resources both in the field of labour relations and OSH in the light of the number of workplaces liable to inspection and the number of workers employed therein and in the context of the extension of the WSHA and the expansion of the SCS responsibilities into other sectors;
• – the number of inspections carried out and their outcomes (violations detected, proceedings initiated and outcomes with reference to the relevant legal provisions) as well as the number of penalties effectively enforced.

Articles 3(1)(b), 5(a) and (b), 9 and 13. Cooperation with other public institutions, the social partners and technical experts in the area of prevention and advice. The Committee notes the information provided by the Government on the Business Under Surveillance (BUS) programme, and the BUS team which, according to the Government, helped in 2010 to address the systemic weaknesses of more than 60 companies and indirectly brought about better OSH performance from hundreds of subcontractors and vendors. The Committee would be grateful if the Government would provide further detailed information on the structure and organization of the BUS programme and its role within the larger labour inspection system as well as its impact on compliance with OSH legislation in individual sectors and workplaces.

The Committee notes moreover with interest the information provided by the Government on the promotional and educational activities of the Tripartite Alliance for Fair Employment Practices (TAFEP) concerning rights and obligations under the Employment Act as well as the adoption of tripartite guidelines and advisories, including on responsible outsourcing practices. The Committee would be grateful if the Government would continue to provide information on the activities of the TAFEP and their impact on labour law compliance.

Article 12(1). Investigation powers and the right of free access of labour inspectors to workplaces. Further to its previous request, the Committee notes that according to the Government, even though section 103(1)(a) of the Employment Act, as amended, is less prescriptive than before, the intention remains that labour inspectors retain the power to enter any premises without prior notice at any hour of the day or night (as previously explicitly provided in section 103(1)(a) of the Employment Act). The Committee requests the Government, in the absence of any explicit provision authorizing labour inspectors to enter and search premises without prior notice, to indicate the measures taken or envisaged to reinstate this prerogative to labour inspectors, in line with the provisions of Article 12(1).

The Committee notes the Government’s clarification that section 103(1)(c) of the Employment Act as amended expands the coverage of the earlier provision to authorize inspecting officers to require any person, including employees, to produce identity documents and answer questions under the Employment Act which, the Committee understands, includes identity control in the context of verifying the employment relationship. However, the Government states that it is not in a position to provide the data requested by the Committee on the number and nature of the actions taken by labour inspectors in case of irregular employment relationship found on the occasion of identity control, as the Ministry of Manpower does not track this data.

Referring to its General Survey of 2006 on labour inspection (paragraphs 75–78), the Committee recalls that Convention No. 81 does not contain any provision suggesting that any workers be excluded from the protection afforded by labour inspection on account of their irregular employment status. The primary duty of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers and not to enforce immigration law. To be compatible with the protective function of labour inspection, the verification of the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers. Furthermore, since the human and other resources available to labour inspectorates are not unlimited, the major role sometimes assigned to labour inspectors in the area of illegal employment would appear to entail a proportionate decrease in inspection of conditions of work. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the activities of the labour inspectorate targeted at verifying the employment relationship of foreigners do not prejudice the exercise of its primary duty to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers, and to describe the role of the labour inspectorate, along with the justice system, in ensuring the discharge of the employers’ obligations with regard to the statutory rights of foreign workers found to be illegally employed, such as the payment of wages and any other benefits owed for the work performed in the framework of their employment relationship, including where the workers in question are liable to expulsion or after they have left the country.

Articles 20 and 21. Annual reports by the central authority on the work of the inspection services. The Government indicates in its report that it will consider the Committee’s previous request to ensure that annual inspection reports deal not only with OSH but all the areas covered by the labour inspection services. The Committee once again requests the Government to keep the Office informed of any progress made in relation to this question so that annual inspection reports deal not only with OSH, but all the areas covered by the labour inspection services, as provided in Articles 20 and 21.

Noting moreover the Ministry of Manpower’s development of the IOSH and Employer Relationships, Industry Knowledge, Analysis (ERIKA) management systems, the Committee requests information on the impact of these systems on the preparation of an annual report containing full information on the subjects listed in Article 21(b)–(g).

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The Committee takes notes of the Government’s report which was received on 16 October 2009. It also notes the adoption of Act No. 32 of 2008 amending the Employment Act (Cap. 91), which entered into force on 1 January 2009.

Articles 3(1)(a), 8 and 10 of the Convention. Labour inspection system and number of labour inspectors. Further to its previous request, the Committee notes the updated information provided by the Government showing the number of inspectors and highlighting activities both in the field of labour relations and occupational safety and health (OSH). In particular, it notes that the number of gazetted OSH inspectors increased from 148 to 160 (as at 2008). It also notes that the number of full-time employment inspectors is 18. In this connection, it recalls the Government’s indication in its previous report that the number of total gazetted employment inspection officers was 37, 14 of whom were deployed as full-time inspectors to the Standards Compliance Section (SCS) of the Labour Relations and Workplaces Division (LRWD). The Committee requests the Government to clarify the current total number of gazetted employment inspection officers and of those deployed to the SCS. It would also be grateful if the Government would continue to provide information on the number and distribution of inspection staff. In doing so, the Government is requested to disaggregate the number of inspectors by sex.

Article 3(1)(b). Preventive information and advisory activities of labour inspectors. The Committee notes the information provided by the Government on different educational activities and the availability of various guidelines, booklets, reports, good practices on the web site of the Ministry of Manpower, including, in particular, a guide relating to the changes made to the Employment Act. The Committee would appreciate if the Government would continue providing up to date information on activities relating to prevention and information for workers and employers.

Articles 3(1)(b) and 13. Technical information and advice. The Committee notes with interest the Government’s Business under Surveillance Programme (BUS), whose objective is to engage companies through systematic interventions so as to prevent accidents, occupational diseases and to improve the company’s health management and performance. The Committee requests the Government to provide particulars about the content of the BUS programme and results achieved during the period covered by the next report and the role of the labour inspections in its implementation in the field of OSH.

Article 12(1). Investigation powers and right of free access of labour inspectors to workplaces. The Committee notes that the revised Employment Act provides for additional powers of labour inspectors under sections 103(c) and (h) (requiring any persons to produce information, document or articles), and 103(g) (obtaining photographic and videographic evidence). However, the Committee also notes that section 103(1)(a) of the amended Act no longer specifically authorizes labour inspectors to enter and search premises without previous notice, as opposed to section 103(1) of the old Act. The Committee would be grateful if the Government would specify the provisions which give inspectors the power to carry out inspections without previous notice in conformity with Article 12(1)(a) and (b) of the Convention.

The Committee notes that section 103(1)(c) of the amended Employment Act provides that any inspecting officers has the power to require any person who the inspecting officer has reason to believe has any document, including, among others, documents of identity, to produce any such document and to answer questions. The Committee would be grateful if the Government would clarify the purpose of this provision in relation to the primary function of the labour inspectors which is the control of the application of the legal provisions on conditions of work and the protection of workers while engaged in their work.

The Committee also requests the Government to provide information on the application of section 103(1)(c) in practice, including statistical data on the number and nature of the actions taken by labour inspectors in case of irregular employment relationship found on the occasion of identity control.

Articles 10 and 16. Effectiveness of the labour inspection system. Inspections (conditions of employment and work, occupational safety and health). The Committee notes the statistical information provided by the Government concerning the number of inspections carried out, the number of employers liable to inspection, and the number of workers covered under the Workplace Safety and Health Act (Act No. 7 of 2006). In particular, the Committee notes that, in the field of labour relations, there were 108,279 employers as at 31 December 2008 and 243 and 420 inspections were conducted in 2007 and 2008, respectively. The Committee also notes the Government’s reference to the strategy of the SCS to focus its resources on specific sectors, such as security officers and cleaners, indicating that there are 1.5 inspectors per 10,000 employees in these sectors. Considering this in conjunction with the abovementioned number of full-time employment inspectors, the Committee is of the view that the inspection in the field of labour relations is understaffed, resulting in low number of inspections conducted. The Committee would be grateful if the Government would continue to provide up-to-date information on the working of the labour inspection systems both in the field of labour relations and OSH. In particular, recalling the provision of Article 16 of the Convention that workplaces must be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee asks the Government to explain how this Article of the Convention is given effect, particularly with respect to inspection in the field of labour relations.

Articles 17 and 18. Legal proceedings and penalties for violations. The Committee notes the information on sanctions applied under the Workplace Safety and Health Act. It also notes that the revised Employment Act increased the fines for obstructing labour inspections as well as penalties for the violation of provisions of the Act. The Committee would be grateful if the Government would continue to provide information on the number and nature of violations of the national legislation, especially the recently revised Employment Act. Referring also to its general observation of 2007, the Committee would be grateful if the Government would provide information on the number of proceedings instituted and penalties effectively enforced as well as any measures to strengthen the cooperation between the labour inspection system and the judicial authorities.

Articles 20 and 21. Annual reports by the central authority on the work of the inspection services. In the absence of a reply on this point raised in its last comments, the Committee reiterates its previous request for the Government to take the necessary steps to ensure that annual inspection reports deal with not only occupational safety and health, but all the areas covered by the labour inspection services.

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The Committee notes the report and the statistics provided by the Government in response to its previous comments.

Articles 3, paragraph 1(a), and 10 of the Convention. Labour inspection system and number of labour inspectors. In its report, the Government states that the enforcement of provisions relating to labour relations and conditions of employment and work (hours of work, payment of wages, etc.) is the responsibility of the Labour Relations and Workplaces Division (LRWD) and, in particular, the Standards Compliance Section (SCS) established in March 2007, which employs 37 inspectors. Occupational safety and health is the responsibility of the Occupational Safety and Health Division (OSHD), which has a total of 148 inspectors. In its previous observation, the Committee noted with interest the plans to increase the number of labour inspection staff in the area of occupational safety and health to a total of 280 inspectors in 2006. The Committee would be grateful if the Government would provide in its next report updated information on the number of staff in each of the inspection services and on the criteria for the distribution of inspection staff.

Article 3, paragraph 1(b). Preventive information and advisory activities of labour inspectors. The Committee notes the Government’s information, according to which the LRWD provides employers and workers with advice on conditions of employment and work and responds to numerous inquiries. According to the Government, these activities have helped to minimize the number of disputes. The Committee emphasizes the importance of activities relating to prevention and information aimed at workers and employers and would be grateful if the Government would continue providing information on these activities in all the areas covered by the inspection services.

Articles 16, 17 and 18. Effectiveness of the labour inspection system. Inspections (conditions of employment and work, occupational safety and health) and penalties for violations. With regard to the monitoring of conditions of employment and work, the Committee notes that 277 inspections were carried out in 2006 by the inspectors of the LRWD following complaints in 273 establishments, when, according to the information provided by the Government, the total number of active employers, as at 31 December 2006, was 95,563. The Committee asks the Government to indicate whether this number corresponds to the total number of establishments effectively liable to inspection by these inspectors. It also asks the Government to provide detailed information on the total number of inspections carried out, whether or not following a complaint, and on the criteria used to determine the establishments to be inspected (planning of inspections, sectors identified as priority sectors, etc.), as well as particulars concerning the elements which are the focus of on-site investigations. The Committee notes with interest the adoption in 2006 of the Workplace Safety and Health Act (Act No. 7 of 2006) which determines, inter alia, the rights and duties of inspectors in this respect (sections 41–45), in particular the right to enter the workplace freely at any time and the right to inspect machinery, request records and take samples. In its report submitted in 2007, the Government states that occupational safety and health inspections concern approximately 23 per cent of the establishments liable to labour inspection and that the new Act will gradually be extended to cover more establishments over the coming years. The Committee would be grateful if the Government would continue providing detailed information on the increase in the number of establishments and workers covered by the new Act and on the monitoring of its implementation in practice, taking into account, in particular, the establishment, under this Act, of a system based essentially on effective risk management.

The Committee notes also with interest that the Workplace Safety and Health Act of 2006 provides for heavier penalties than those set by the Factories Act in the event of the violation of its provisions (sections 50 and 51). The Committee would be grateful if the Government would provide information on the handling of violations and the imposition of penalties in its next report, .

Articles 20 and 21. Annual reports by the central authority on the work of the inspection services. Further to its previous comments and its General Survey of 2006 on labour inspection (paragraphs 320–345), the Committee recalls that, pursuant to these provisions of the Convention, annual inspection reports must deal with all the areas covered by the labour inspection services and contain information and statistics on all the subjects listed. The 2006 report published on the Ministry of Manpower web site, like the previous reports on inspection activities, refers only to occupational safety and health. The Committee once again asks the Government to take the necessary steps to ensure that effect is given to these provisions of the Convention as soon as possible.

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With reference to its observation, and noting the detailed information provided in the Government’s report, the Committee notes that the most recent annual inspection report communicated to the ILO concerns the year 2001 and that it refers only to inspection activities in respect of occupational safety and health. The Committee would be grateful if the Government would take measures to ensure that such reports, as well as annual reports on labour inspection activities in other areas of labour legislation, are communicated within the time frame stipulated in Article 20 and that they contain the information required on each of the subjects listed in Article 21. With reference to its 2002 direct request, in which it notes that the inspection services had covered only 2 per cent of the workplaces liable to inspection, the Committee particularly insists on the need to be informed of the number of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) so that it can assess the effectiveness of the labour inspection system in respect of the needs to be covered.

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The Committee notes the information contained in the Government’s report for the period ending May 2006 on the strengthening of the inspection system, the results of its activities and the use made of the data acquired with a view to achieving greater effectiveness in terms of prevention.

1. Inspection of occupational safety and health conditions and collaboration with the social partners. The Committee notes with interest that the occupational safety and health inspection framework has been reformed with a view to responding in an appropriate manner to the problems demonstrated by the high numbers of industrial accidents. It further notes that it is planned to strengthen the numbers of inspectors, who currently number 173 officials, consisting of general inspectors (89), specialists in construction and safety engineering (16), occupational medicine (10), occupational hygiene (11) and risk management (5), with a view to expanding the staff strength to around 280 in the near future. The Government indicates that it launched a programme in March 2006 targeting four priority high-risk areas; scaffolding, confined spaces, metalworking and falls from heights, with a view to reducing the risk of fatal accidents. Furthermore, high-risk factories are monitored through various surveillance programmes.

The Committee also notes that the Workplace Safety and Health (Incident Reporting) Regulations prescribe new requirements for the notification of accidents, cases of occupational disease and dangerous occurrences at all workplaces. It notes with satisfaction that these requirements are intended to improve the relevance of the information gathered from notifications so that lessons can be learned for the future and hotspots can be rapidly identified and remedied.

The Committee notes with interest that the inspection services responsible for occupational safety and health hold a regular dialogue and work in close partnership with employers and workers in the Workplace Safety and Health Advisory Committee (WSHAC), which is composed of representatives from industry, employees, employers, members of academia and advisers from the legal, insurance and training fields, as well as in the various advisory subcommittees which offer advice and make recommendations to develop a safer and healthier workplace.

2. Inspection of general conditions of work. The Committee notes the detailed information on the composition of the inspection staff responsible for terms and conditions of employment and the activities undertaken during the period covered by the report. In particular, it notes with interest that the inspection services handle a large number of requests for information and advice from employers and workers by telephone and in writing.

The Committee is addressing a request directly to the Government on one point.

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Further to its previous comments, the Committee notes the replies provided by the Government in its report for the period ending on 31 May 2001.

Size of the inspection staff and the number of inspection visits (Articles 10 and 16 of the Convention). The Committee notes the information provided by the Government according to which, in the context of the employment law of 2000, 25 inspectors of industrial relations have conducted 1,332 visits to 1,106 enterprises, which is only 2 per cent of the enterprises that are liable to inspection. The Committee notes, however, that in statistical bulletins and in an annual report of the Department of Occupational Safety and Health of the Ministry of Labour, it is indicated that 14,268 visits were made under the Factories Act. The Committee would be grateful if the Government would indicate the number of inspectors working in the Department of Occupational Safety and Health and provide all useful clarifications as to the reasons for the low level of coverage by the inspection services under the Employment Act.

Publication and transmission to the ILO of an annual report of inspection. The Committee notes that no labour inspection reports have been transmitted since 1997. It requests the Government to take the necessary measures to ensure that such report is published and transmitted within the time limits fixed by Article 20 and that it contains the information required by Article 21(a) to (g) of the Convention.

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1. The Committee notes the information supplied by the Government in answer to its 1998 direct request regarding inspection activities to enforce the Employment Act of 1968. It hopes that the Government will continue to provide full particulars on inspection activities of all areas as well as information on the application of each of the Articles of the Convention, in conformity with the report form approved by the Governing Body.

2. The Committee also notes the information on the number of labour inspection staff responsible for the application of the Employment Act (25 inspectors including 15 part-time inspectors) as well as labour inspection staff responsible for the application of the Factories Act (95 inspectors). It requests the Government to indicate in its next report the current proportion of women in these two teams (Article 8 of the Convention).

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The Committee notes the Government's reply to its previous comments as well as the annual reports of 1993 and 1996 from the Department of Industrial Safety of the Ministry of Labour and the 1996 report of the Department of Industrial Health. It requests the Government to provide further information and clarification on the following points:

Articles 3(a), 20 and 21 of the Convention. The Committee notes that there were 8,868 inspection visits in 1993 as indicated in the Government's report (1995). This appears to reflect the number of inspection visits in the field of industrial safety by the Department of Industrial Safety as mentioned in the Department's 1993 annual report. The Committee requests the Government to provide detailed information on inspection activities to enforce the Employment Act of 1968, as amended. The Committee further requests the Government to provide full particulars on inspection activities in commercial workplaces, as previously requested.

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The Committee notes with interest the Government's reply to its previous comments as well as the annual reports of the Department of Industrial Safety of the Ministry of Labour of 1992 and 1993. It would be grateful if the Government would provide further clarifications on the following points.

Articles 2, 3, paragraph 1(a), 5, 21 and 25 of the Convention. The Committee notes that neither the Government's report nor the annual reports of the Department of Industrial Safety for the years 1992 and 1993 contain information regarding inspection of mining and transport undertakings (Article 2, paragraph 2), and commercial workplaces (Part II) which were not excluded by the Government upon ratification by virtue of Articles 2, paragraph 2, and 25 of the Convention. It also notes that these reports do not provide information on inspection visits for the enforcement of legal provisions relating to conditions of work and the protection of workers other than on occupational safety (such as on hours of work, wages, health and welfare, the employment of children and young persons, and other connected matters, in so far as such provisions are enforceable by labour inspectors) as required by Article 3, paragraph 1(a). The Committee would also be grateful if the Government would provide indications on the arrangements it has made to ensure that there is effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities, and collaboration between officials of the labour inspectorate and employers and workers or their organizations as called for by Article 5 of the Convention. The Committee hopes the Government will take the necessary measures to ensure a better application of the Convention.

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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 following matter raised in its previous direct request, which read as follows:

1. Articles 20 and 21 of the Convention. Further to its previous comments, the Committee notes the information provided by the Government on the staff of the labour inspection service and statistics of workplaces liable to inspection. It would appear, however, that since 1987 no annual report on the activities of the labour inspection services has been published and transmitted to the Office as required by Article 20. The Committee hopes that the Government will publish the reports due including all the information required by Article 21, and forward them to the International Labour Office within the time-limits prescribed.

2. The Committee recalls that mining and transport undertakings have not been exempted from the application of the Convention under Article 2(2). It would be grateful if the Government would include in its next report the information requested in the report form, relating in particular to these sectors.

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1. Articles 20 and 21 of the Convention. Further to its previous comments, the Committee notes the information provided by the Government on the staff of the labour inspection service and statistics of workplaces liable to inspection. It would appear, however, that since 1987 no annual report on the activities of the labour inspection services has been published and transmitted to the Office as required by Article 20. The Committee hopes that the Government will publish the reports due including all the information required by Article 21, and forward them to the International Labour Office within the time-limits prescribed.

2. The Committee recalls that mining and transport undertakings have not been exempted from the application of the Convention under Article 2(2). It would be grateful if the Government would include in its next report the information requested in the report form, relating in particular to these sectors.

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Article 21 of the Convention. The Committee notes that, like the previous reports, the Ministry of Labour Report for 1987 contains no information on the staff of the labour inspection service nor statistics of workplaces liable to inspection (Article 21(b) and (c)). However, it notes with interest the Government's statement that this information will be incorporated into future reports.