Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Labour Inspection Convention, 1947 (No. 81) - Antigua and Barbuda (Ratification: 1983)

Articles 3(2), 10 and 16 of the Convention. Additional duties entrusted to labour inspectors. Number of labour inspectors and frequency of labour inspection visits. In its previous comments, the Committee noted a decrease in the number of labour inspections performed. It also noted that, according to the job description communicated by the Government, labour inspectors were assigned to carry out additional functions in the Labour Department, including those assigned by the Labour Commissioner or the Deputy Labour Commissioner. It requested information on any additional functions entrusted to labour inspectors.

The Committee notes the Government’s indication in response to the Committee’s previous request that there are currently seven labour inspectors, including one supervisor, and that this is sufficient to secure the effective discharge of their duties. The Government states that only one inspector has been extensively trained on occupational safety and health (OSH). The Government also indicates that inspections are conducted through proportional probability sampling with all firms in all sectors. According to the Government, labour inspectors occasionally provide advice on labour relations issues, but significant issues in this domain are mostly referred to the functional areas of the Labour Department charged with such issues. The Government states that there are no other duties that interfere with the performance of primary duties of the inspectors. Taking note of the Government’s indication, the Committee recalls that, in accordance with Article 3(1)(b) of the Convention, any advice given to employers or workers should be focused on the most effective means of complying with the legal provisions. The Committee requests the Government to continue to provide information on the manner in which it ensures that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, including further information on the methodology and criteria used for determining inspection priorities and specific information on OSH-related inspection strategies. It requests the Government to provide statistical information on labour inspection, including the number of visits undertaken and the outcome of these inspections. In addition, it requests the Government to supply a copy of the current standard job description for labour inspectors as well as the organizational chart of the Labour Department.

Article 5(a). Cooperation between the labour inspection services and other government services. The Committee notes the Government’s indication, in response to its previous request on cooperation with the Ministry of Health, that no measures have been taken to develop cooperation between the labour inspectorate and the Ministry of Health, but that it plans to take measures soon to establish a structure for cooperation between them. The Government indicates that there are cases in practice where the labour inspectorate refers relevant issues to the Ministry of Health for their action, such as when health risks are detected. However, it indicates that there is no further dialogue or collaborative training. The Committee requests the Government to continue to provide information on the cooperation developed between the labour inspectorate and the Ministry of Health, including the structure of cooperation established and the activities undertaken, as well as information on any cooperation with other government services engaged in similar activities.

Article 5(b). Collaboration with employers’ and workers’ organizations. The Committee notes the Government’s indication, in response to the Committee’s previous request on the labour inspectorate and the National Labour Board, that all inspectorate issues are taken to the Board by the Labour Commissioner. It notes in this respect that the Labour Commissioner acts as executive secretary for the tripartite Board (pursuant to division B5(3) of the Labour Code). The Committee takes note of this information.

Articles 6 and 7. Status and conditions of service. Qualifications of labour inspectors. In its previous comments, the Committee noted that there are two categories of labour inspectors: established inspectors whose remuneration is paid in accordance with the public service wage scales, and non-established inspectors. It noted the Government’s indication that the measures proposed in the context of a reform of the civil service included the recruitment of labour inspectors on the basis of their qualifications and competencies.

The Committee notes the Government’s indication, in reply to its previous request, that there is no new legislation governing the recruitment, status, conditions and service of labour inspectors and that the planned civil service reform was discontinued in 2014. The Government indicates that there is a proposed salary increment document under consideration for varying positions in the Labour Department, including labour inspectors. With respect to the Committee’s previous request concerning wage scales of labour inspectors, the Government indicates that public officers exercising similar functions, such as field auditors of the Inland Revenue Department, have substantially higher proposed annual salaries. The annual salaries range for labour inspectors is from $27,648 to $30,492 Eastern Caribbean dollars, while Inland Revenue field auditors annually earn salaries ranging from $40,536 to $44,772. The Government states that the rational for such a salary disparity is unclear but that there is no indication of a possible review in near future. In addition, the Government indicates that measures to provide training for labour inspectors will be put in place by the Labour Commissioner. The Committee requests the Government to indicate if there continue to be two categories of labour inspectors, and if so, to provide information on the recruitment (including required qualifications and competencies), status, and conditions of service of both established and non-established labour inspectors. Noting the Government’s indication that there is a substantial salary disparity between labour inspectors and other public officers with similar functions, the Committee urges the Government to provide information on any measures taken or envisaged to review and upgrade status of labour inspectors. Lastly, the Committee requests the Government to provide information on the training provided to labour inspectors, including the subjects covered and the number of participants.

Articles 17 and 18. Legal proceedings and penalties. Noting an absence of information in reply to its previous request, the Committee requests the Government to provide statistical information on the number of warnings issued by labour inspectors and the number of prosecutions initiated.

Articles 20 and 21. Publication and communication to the ILO of annual labour inspection reports. The Committee previously noted the Government’s indication that the Labour Market Information System (LMIS) would facilitate the development of the annual labour inspection report process. The Committee notes the Government’s indication that the LMIS is currently operational, but there are certain limitations. The Government indicates that an alternative mechanisms (DotStat) developed by CARICOM has been utilized to capture some data which cannot be accessed through the LMIS. The Committee once again requests the Government to ensure that annual labour inspection reports containing full information on the activities of the labour inspection services as required under Article 21(b)–(g), are published and transmitted to the ILO. It requests the Government to continue to provide information on measures taken in this respect, and, pending the publication of the annual report, to transmit available statistical information.