National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
DISPLAYINEnglish - French - Spanish
Previous comment
Repetition Labour law reform. The Committee notes the Government’s reference in its report to the ongoing review of the national labour legislation. It also notes that the Government has sought ILO technical advice on a draft of the Labour Act in the context of the current labour law reform. The Committee requests that the Government take into account its comments below, particularly concerning Articles 3(1) and (2), 12(1)(a) and 18, in the context of its ongoing labour law reform, to ensure full conformity with the Convention. It also requests the Government to provide a copy of the Labour Act, once adopted. Article 3(1) and (2) of the Convention. Additional duties entrusted to labour inspectors. The Committee notes that, despite the limited number of labour inspectors, the information in the Government’s report indicates that a number of labour inspectors are assigned to work that does not constitute the primary functions of labour inspectors, as set out in Article 3(1) of the Convention. Particularly, the Government’s report indicates that out of 24 labour inspectors: two are assigned to the supervision of work permits, three inspectors focus on matters related to labour migration, three inspectors are charged with employment services for jobseekers and five labour inspectors focus on industrial relations and labour disputes. The Committee recalls that, pursuant to Article 3(1) and (2) of the Convention, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work (for example, provisions relating to hours, wages, occupational safety and health (OSH), child labour), and 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 to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Noting the limited available resources, the Committee requests the Government to take specific measures, including in the context of the ongoing labour law reform process, to ensure that any other functions assigned to labour inspectors do not interfere with their main objective, to ensure the protection of workers in accordance with Article 3(1) and (2) of the Convention. The Committee requests the Government to provide information on the measures taken in this respect and, in the meantime, to continue to provide information on the total number of labour inspectors as well as the number of inspectors assigned to monitoring labour migration and to functions relating to industrial relations and labour disputes. Article 9. Association of duly qualified technical experts and specialists in the work of the labour inspection services. Taking due note of the Government’s reference in its report to the difficulty in engaging technical experts and specialists due to a lack of sufficient funds, the Committee expresses the hope that the Government will be in a position to make the necessary arrangements to ensure that duly qualified technical experts and specialists such as those in medicine, engineering, electricity and chemistry, are associated in the work of inspection in the areas of OSH. Articles 10 and 11. Resources of the labour inspectorate. The Committee previously noted that there was no fixed budget for the labour inspectorate and that it was practically inoperative. The Committee notes with concern the Government’s indication that labour inspectors continue to face severe resource constraints, having no access to appropriate inspection tools, materials, adequate transport facilities or stationery. The Government also indicates that the number of labour inspectors is insufficient to ensure the enforcement of laws which fall under the jurisdiction of the labour inspectorate (24 labour inspectors in total for 10,000 workplaces liable to inspection). Taking due note of the difficulties in obtaining sufficient funds, the Committee expresses the firm hope that the Government will be in a position to report on measures taken to secure an adequate number of labour inspectors and access to the tools, materials and transport facilities necessary for the performance of their duties, in accordance with Articles 10 and 11 of the Convention. It requests the Government to provide information on progress in this respect. Articles 15(c) and 16. Sufficient number of inspection visits and duty of confidentiality of the source of any complaint. The Committee notes the Government’s indication that labour inspectors perform annual regular inspections, while they hardly perform follow-up inspections and special inspection visits, due to the lack of funds and transport facilities. The Committee recalls that in accordance with Article 16 of the Convention, workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. Noting the limited available resources, the Committee requests the Government to indicate how it is ensured that a sufficient number of labour inspections are undertaken and requests that the Government provide information on any practical measures taken in this regard. Noting the Government’s indication that in practice, only annual regular inspections are performed, the Committee requests that the Government indicate whether it is possible for an individual worker to file a complaint confidentially to the labour inspectorate in accordance with Article 15(c) of the Convention. Articles 20 and 21. Publication and communication to the ILO of an annual report. The Committee notes that no annual inspection reports have been prepared or communicated to the ILO for many years. However, it welcomes the statistics of the number of labour inspectors, contained in the Government’s report. Taking due note of the resource constraints, the Committee hopes that the Government will take all possible 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.
Repetition Articles 6 and 7 of the Convention. Recruitment and training of labour inspectors and independence of labour inspectors. The Committee notes the information in the Government’s report that no training opportunities have been provided to labour inspectors in terms of technical or specialized areas, although initial induction training is offered for labour inspectors within the various units in the Ministry of Labour and Social Security. The Committee also notes the Government’s indication that, with respect to qualifications of the labour inspection staff, one of the factors considered in recruitment is political affiliation. The Committee recalls that pursuant to 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 and, pursuant to Article 7, they shall be recruited with sole regard to their qualifications for the performance of their duties. The Committee requests the Government to take necessary measures to ensure that labour inspectors are recruited with sole regard to their qualifications for the performance of their duties, in accordance with Article 7 of the Convention. Taking due note of the resource constraints, the Committee expresses the hope that the Government will be in a position to make the necessary arrangements to implement an ongoing training programme for labour inspectors, and it requests the Government to provide information on any developments in this respect. Article 12(1)(a). Unannounced visits and free access to workplaces liable to inspection. The Committee notes the Government’s indication in its report that owners of workplaces are notified of formal inspection visits. In this respect, the Committee recalls that under Article 12 of the Convention, labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice any workplace liable to inspection. The Committee requests the Government to take the necessary measures, including in the context of the ongoing labour law reform process, to ensure that labour inspectors are empowered, in law and practice, to enter freely and without previous notice any workplace liable to inspection. Article 18. Adequate penalties. The Committee notes the Government’s reference to the Factories Act, 1974 concerning applicable fines or penalties, and it observes in this respect that the fines established are quite low. The Committee requests the Government to take the necessary measures in the context of the ongoing labour law reform, to ensure the establishment of adequate penalties for the legal provisions enforceable by labour inspectors.
Repetition Resources of the labour inspectorate. The Committee notes the Government’s report and the information it contains in response to its previous comments. It notes that there is no fixed allocation specified for the labour inspectorate in the budget of the Ministry of Labour, Social Security and Industrial Relations. Resources for labour inspection are drawn from money set aside for local travel within the professional division’s budget and are minimal. The Committee also notes that, according to the Government, the budgetary allocation set aside for the factory inspectorate within the Ministry’s budget should be increased, in order to allow the factory inspectorate to carry out the tasks incumbent upon it. Furthermore, it notes the information that the labour inspectorate is practically inoperative, while the factory inspectorate also suffers from a lack of staff. The Committee hopes that, in its next report, the Government will be in a position to report on measures, in particular of a budgetary nature, aimed at ensuring that the number of labour inspectors is sufficient (Article 10 of the Convention) and that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11). The Committee notes in this regard that the Government wishes to avail itself of the technical cooperation of the ILO in order to ensure the efficient operation of the labour inspection system. It requests the Government to indicate the steps it has taken to this end.
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Resources of the labour inspectorate. The Committee notes the Government’s report and the information it contains in response to its previous comments. It notes that there is no fixed allocation specified for the labour inspectorate in the budget of the Ministry of Labour, Social Security and Industrial Relations. Resources for labour inspection are drawn from money set aside for local travel within the professional division’s budget and are minimal. The Committee also notes that, according to the Government, the budgetary allocation set aside for the factory inspectorate within the Ministry’s budget should be increased, in order to allow the factory inspectorate to carry out the tasks incumbent upon it. Furthermore, it notes the information that the labour inspectorate is practically inoperative, while the factory inspectorate also suffers from a lack of staff. The Committee hopes that, in its next report, the Government will be in a position to report on measures, in particular of a budgetary nature, aimed at ensuring that the number of labour inspectors is sufficient (Article 10 of the Convention) and that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11). The Committee notes in this regard that the Government wishes to avail itself of the technical cooperation of the ILO in order to ensure the efficient operation of the labour inspection system. It requests the Government to indicate the steps it has taken to this end.
The Committee notes again with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information in reply to its previous direct request, which read as follows:
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:
Referring also to its observation, the Committee draws the Government’s attention to its obligations under this Convention and would be grateful if the Government would supply detailed information concerning: (i) the legislation in force dealing with labour inspection issues: issues relating to conditions of work (Article 3, paragraph 1, of the Convention), the status of labour inspectors (Article 6), the powers of labour inspectors (Articles 12 and 13) and their duties (Articles 15 and 19); (ii) the organization and the functioning of the central and local structures responsible for labour inspection (Articles 4 and 5). The Government is also asked to provide details on: (iii) the resources available to labour inspection units or services to perform their duties (Article 11); the geographical distribution of the staff of the labour inspectorate and the types and geographical distribution of workplaces liable to labour inspection (Article 10).
Referring to its previous reiterated comments, the Committee notes once again that, according to the Government, the peace having now returned, it is planned to recruit labour inspectors and to request technical assistance from the ILO to ensure the improvement of the labour inspection services throughout the country.
The Committee hopes once again that the Government would not fail to supply any available information requested in the report form under each of the provisions of the Convention; to indicate the areas where technical assistance is needed and to keep the ILO informed on any step taken in view to obtaining such assistance as well as on results reached.
The Committee is addressing a request directly to the Government concerning certain points.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee notes that the Government has not submitted a report under article 22 of the Constitution and that it has not replied to its earlier comments. It trusts that, with the return of peace and the normal operation of the country’s institutions, it will soon be in a position to do so. While reminding the Government that the ILO’s regional bodies can be of technical assistance in the search for appropriate solutions with a view to applying the Convention, the Committee asks the Government to provide all available information on the manner in which effect is given to its provisions in accordance with the requirements of the report form adopted by the Governing Body of the ILO.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
The Committee notes the Government's reply to its previous comments regarding the serious problems of application of the Convention. It notes the Government's statement that, in reality, there has been no labour inspection unit in the Labour Department and there have therefore been no labour inspectors to carry out labour inspection (Article 10 and 11 of the Convention). There is therefore no information as to the frequency of inspection visits (Article 16) or the preparation of annual labour inspection reports (Articles 20 and 21).
The Committee notes however that the Government now plans to employ labour inspectors for the smooth functioning of labour inspection. It hopes that, with the cooperation of the technical services of the office concerned, it will be possible to make some workable proposals of various kinds to the inspection services.
The Committee reiterates the view that labour inspection is of central importance in ensuring the implementation of labour standards. It hopes that the Government will continue to provide available information on the manner in which the Convention is applied and on progress made.
The Committee notes the Government's reply to its previous comments regarding the serious problems of application of the Convention. It notes that the situation of the labour inspection service, in particular the number of labour inspectors, the frequency of inspection visits, the transport facilities furnished to labour inspectors and the absence of publication and transmission of annual labour inspection reports (Articles 10, 11, 16, 20 and 21 of the Convention), has not improved. The Committee hopes that with the cooperation of the concerned technical department of the Office it will be possible to make some workable proposals for support of various kinds to the inspection services, and that the Government will continue to provide available information on the manner in which the Convention is applied and on any progress made.
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. Please indicate whether the number of labour inspectors is sufficient to enable them to visit the workplaces liable to inspection as often and as thoroughly as is necessary.
Article 11. Please indicate the transport facilities furnished to labour inspectors in order to enable them to perform their duties effectively.
Articles 20 and 21. The Committee notes the financial difficulties referred to in the last report, which prevent the publication of the annual inspection reports, and requests the Government to refer to the observation it made in 1987. It once again expresses the hope that future annual reports on the activities of the labour inspection services will contain all the information laid down in Article 21 and will be published and transmitted to the Office within the time-limits set forth in Article 20.
The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee would be grateful if the Government would supply detailed information on the measures that have been taken in order to give greater effect to the Convention, particularly regarding the following points:
Articles 20 and 21. The Committee notes the financial difficulties referred to in the report, which prevent the publication of the annual inspection reports, and requests the Government to refer to the observation it made in 1987. It once again expresses the hope that future annual reports on the activities of the labour inspection services will contain all the information laid down in Article 21 and will be published and transmitted to the Office within the time-limits set forth in Article 20.