Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Labour Inspection Convention, 1947 (No. 81) - French Polynesia

The Committee notes the detailed information provided by the Government in reply to its previous comments, and the annual labour inspectorate report for 2005. The Committee notes that Decree No. 2005-1688 of 26 December 2005 concerning, in particular, the arrangements for the transfer of the labour inspection service to French Polynesia under the Statute of Autonomy, had not yet come into force by the date of issue of the report. According to the Government, the labour inspection service is still governed by Agreement No. 82-04 of 2 June 2004, signed by the French State and the Government of French Polynesia, under which the material functioning of the labour inspection service and the management of its staff remains within the competence of the High Commission of the Republic. The Committee asks the Government to provide, in its next report, information on any developments in respect of the permanent and effective transfer of the labour inspection service and the resources necessary for it to function, in accordance with Organic Act No. 2004-192 of 27 February 2004 issuing the Statute of Autonomy of French Polynesia, and on the response to concerns expressed by the social partners regarding the impact of this transfer on the number and qualifications of inspection staff.

While noting with interest the guidelines for achieving progress, as defined by the central authority in the 2002-03 activity report, and the tangible improvements that have resulted there from in respect of the functioning of the labour inspection service, the Committee asks the Government to provide additional information on the following points.

1. Article 3, paragraphs 1(a) and 2, of the Convention. Action against illegal employment, and monitoring of legislation relating to conditions of work and the protection of workers. While noting that inspection activities targeting undeclared labour are also an opportunity to apply the regulations relating to conditions of work and the protection of workers, the Committee notes that the number of reports of violations drawn up in 2005 was the same for violations in respect of illegal work as for violations concerning hygiene and safety. The Committee would be grateful if the Government would communicate particulars on the occurrence of each of these types of violation in relation to branch of activity, and on the administrative and penal action taken as a consequence of the reports of violations on each of the issues covered (in particular, illegal work, hygiene and security, occupational medicine, wages, hours of work and weekly rest). The Committee also requests the Government to indicate the manner in which it is ensured that illegal workers are covered by the rights resulting from their labour relationship.

2. Articles 5, 11, 14 and 21(f) and (g). Effective cooperation between labour inspection services and other government services. The Committee notes with interest that, in accordance with the guidelines for progress defined in the 2002-03 activity report, relations between the labour inspection service and the supervisory service of the Social Security Fund (CPS) have developed and become better established notably through joint monitoring activities, a significant increase in the recording of cases of occupational diseases, and an improvement in the collection and processing of statistics on industrial accidents and occupational diseases. The Committee would be grateful if the Government would continue communicating information on the development of relations with the other government services and on the impact of such relations on the functioning of the labour inspection system.

3. Article 3, paragraphs 1 and 2, and Articles 9, 10, 11, 15 and 16. Adequacy of human resources and conditions of work. The Committee notes with interest that the number of inspection staff has risen, thanks to the addition of two labour controllers. These labour controllers were trained by the labour inspection service and then received an additional four months of training in metropolitan France at the National Training Institute. The Committee notes that the objective, set in terms of the guidelines for progress determined in 2004, was eight supervisory officials (two inspectors and six controllers), to carry out the effective supervision of 10 per cent of the undertakings liable to inspection. The Committee requests the Government to keep the ILO informed of any developments in this regard and to indicate whether the post envisaged for a medical inspector has finally been filled and whether labour inspectors have been relieved of their conciliation duties in individual disputes so that they can, as explained in the report, devote themselves more fully to supervisory duties.

4. Article 16. Preventive control through specific activities. The Committee notes with interest the priority given by labour inspectors to the supervision of enterprises involved in construction and public works, in response to the very high rate of occupational accidents in this sector. The Committee hopes that this supervision is taken as an opportunity for inspectors to develop a preventive culture, not only through dissuasive legal proceedings, but also through the provision of information and technical advice to the employers and workers concerned on the most effective ways to observe the legal provisions and technical requirements that ensure satisfactory working conditions from the point of view of safety. The Government is asked to communicate information on the implementation, the results and the continuation of the supervision in question and to keep the ILO informed of any other initiatives to direct labour inspection activities towards targeted establishments or legislative fields.

5. Articles 14, 17, 18, 20 and 21. Statistics and evaluation of the labour inspection system. The Committee notes with interest that the information collection system has been completely revised since 2005, and that, according to the Government, the labour inspection service is now in possession of an invaluable tool which can be used by the central authority to evaluate the level of application of labour legislation. The Committee hopes that these improvements will soon lead to the publication, and communication to the ILO, on a regular basis, of an annual report on the activities of the inspection service and the results thereof, in a manner inspired by Part IV of Labour Inspection Recommendation, 1947 (No. 81).