Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Labour Inspection Convention, 1947 (No. 81) - Armenia (Ratification: 2004)

The Committee notes the Government’s report accompanied by the comments made by the Union of Manufacturers and Entrepreneurs of Armenia (UMEA) and the Confederation of Trade Unions of Armenia (CTUA) received by the ILO on 23 December 2009.

Articles 16 and 18 of the Convention. Obstructions to the performance of inspection duties. The Committee notes with concern the Government’s indication that 137 inspections of enterprises were prevented from being carried out. The Committee requests the Government to indicate why it was not possible to carry out the inspections mentioned and to specify the measures taken to overcome the obstacles identified, if necessary through the application of penalties in the case of obstructions.

Article 5(b). Collaboration between labour inspectorate officials and employers and workers or their organizations. In its comments, the UMEA reports a lack of collaboration between the labour inspectorate and the social partners and expresses the hope for periodic exchanges on problems faced. The Committee requests the Government to refer to paragraphs 163–172 of its General Survey of 2006 concerning the role of the social partners in the operation of the labour inspectorate, in which it emphasizes that the labour inspectorate can attain its objectives only if appropriate measures are adopted by the competent authority to promote effective collaboration with employers and workers in its operations and activities. Such collaboration may take place within a tripartite advisory body with a general mandate for labour issues. The Committee requests the Government to indicate the measures taken or envisaged to promote collaboration between the labour inspectorate and organizations of workers and employers and to keep the Office informed of the results achieved in that regard.

Articles 20 and 21. Annual reports on the work of the labour inspectorate. The UMEA emphasizes that although section 12 of the Act on the conditions of service of the labour inspectorate provides for the preparation and publication of an annual report on the work of the labour inspectorate, such reports are not published (2008 report), are incomplete or are published late. The Committee reminds the Government that a report on the work of the labour inspectorate should be published and transmitted to the ILO each year. The Committee requests the Government to take the necessary measures to publish and transmit an annual report on the work of the labour inspectorate as soon as possible. It draws the Government’s attention to the guidance provided in paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81) on the presentation of the information required.

Communication of legal texts. The Committee notes that the Government has not yet provided the ILO with the documents requested by the Committee in its previous comments. The Committee therefore once again requests the Government to provide the ILO with the following texts as soon as possible:

–      the Administrative Infringements Code of 6 December 1985;

–      the Act of 17 May 2000 on the Organization and Conduct of Inspections;

–      the Act of 13 December 2004 on Administrative Conduct and Principles;

–      Government Decision No. 1146-N of 29 August 2004 establishing the State Labour Inspectorate within the Ministry of Labour and Social Affairs, confirming the statutes of the State Labour Inspectorate and amending previous Government Decision (14 November 2002) No. 1821-N;

–      Government Decision No. 1893-N of 6 October 2005 on the provision of information to the State Labour Inspectorate;

–      Government Decision No. 2301-N of 6 October 2005 adopting the procedure for the submission of quarterly reports by employers to the State Labour Inspectorate;

–      Government Decision No. N876 of 16 June 2006 establishing the form, use and procedure for issuing a copy of a workbook;

–      Government Decision No. N1882-N of 20 October 2005 on the procedure for publication, accounting, conservation and archiving of the employer’s internal and private legal documents;

–      The Public Service Act.

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