Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Labour Inspection Convention, 1947 (No. 81) - Cabo Verde (Ratification: 1979)

Legislation. The Committee notes that new regulations for the labour inspectorate-general, which give effect to certain provisions of the Convention, were adopted by Legislative Decree No. 13/2012 of 26 January 2012.

Article 14 of the Convention. Notification to the labour inspectorate of cases of occupational disease. The Committee notes with satisfaction that section 17(1) of the new regulations of the labour inspectorate-general establishes the obligation to notify the competent regional delegation for labour inspection of fatal cases of occupational disease. This notification, as for fatal industrial accidents, must be made by the employer within 24 hours. It also notes that, according to section 18 of the same regulations, the employer is obliged to gather, collate and communicate to the labour inspectorate-general within ten days after the end of the relevant three-month period, quarterly data concerning diagnosed cases of occupational disease, and also industrial accidents which result in incapacity for work of more than one day. These data must be accompanied by an indication of the date and location of the accident or of the origin of the disease, its cause, the nature and extent of the injury, and the number of days of incapacity. The Committee requests the Government to send any legislative text adopted pursuant to the provisions of the abovementioned section 17, and also statistics of industrial accidents and cases of occupational disease communicated to the various regional labour inspection branches during the period covered by the Government’s next report, pursuant to the legislation in force.

Article 15. Scope of the obligation of professional secrecy. The Committee notes with satisfaction that section 34(1) of the new regulations of the labour inspectorate-general extends the obligation of professional secrecy that applies to labour inspectors beyond the end of their activity. The Committee requests the Government to indicate what would be the consequences for labour inspectors of non-compliance with the obligation of secrecy and also the obligation of confidentiality and the prohibition on personal interests prescribed by sections 34 and 35, respectively, of the new regulations, and to send copies, if applicable, of any relevant legislative texts.

Articles 20 and 21. Publication and communication of an annual report. The Government indicates in its report that, in view of the inadequacy of human resources and material means for the collection and processing of statistical information, the labour administration is still not in a position to collect and process statistical data. However, the Committee notes the internal annual report for 2011, copies of which have been made available to the social partners and the Office. This report contains information on the number of inspectors per branch; the number of inspections undertaken by the various inspection branches and by sector of activity; the number of compliance orders issued and the number of prosecutions initiated by branch office; the type of infringements reported; the number of requests for action submitted and the infringements to which they relate; the number of procedures initiated per infringement; the number of procedures concluded; the number of procedures referred to the court, the number of procedures archived, and the number of procedures per infringement in progress; and the number of industrial accidents and the percentage of accidents per sector of activity. The Committee invites the Government to refer to the guidance given in Part IV of Recommendation No. 81 concerning the manner in which the information required by Article 21 may be presented in the annual report to serve as a basis for evaluating the operation of the labour inspectorate and the level of application of the legislation under its supervision, and also the adoption of the necessary measures for its improvement. It also reminds the Government of the possibility of availing itself of technical assistance from the ILO in order to establish the necessary conditions for the preparation of an annual report, its publication and the communication thereof to the ILO, in accordance with Article 20, and the inclusion of the information required by Article 21 in such a report. The Committee requests the Government to provide in its next report information on the formal steps it might have taken in this respect.