Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Fiji

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2008)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2010)

In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

Legislative reforms. The Committee notes the Government’s indication, in reply to the Committee’s previous request concerning developments in relation to the proposed amendments to the scope of the Employment Relation Promulgation 2007 (ERP) and the Health and Safety at Work Act (HSWA), that a Bill amending the ERP will soon be presented to Parliament. The Committee requests that the Government continue to provide information on any legislative changes and provide a copy of any relevant legal texts, once that they have been adopted.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Scope of the functions of labour inspectors in practice under the HSWA. The Committee notes the information provided by the Government, in reply to its previous request concerning any additional functions assigned to labour inspectors, that they spend about 60 per cent of their time on labour inspection functions, and about 40 per cent of their time on assisting to resolve internal grievances and complaints through dialogue and good faith meetings.

The Committee wishes to call the Government’s attention to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), which provides that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. The Committee also recalls its indications made in paragraph 74 of the 2006 General Survey on labour inspection that assigning conciliation and mediation in a collective labour dispute to a specialized body or officials, enable labour inspectors to carry out their supervisory function more consistently and that this should result in better enforcement of the legislation and hence a lower incidence of labour disputes. The Committee requests that the Government provide information on the consideration given of the need to disassociate the functions of conciliation and mediation from the labour inspection functions and entrust them to another body.

Articles 5(a), 17, 18 of Convention No. 81 and Articles 12, 22, 23 and 24 of Convention No. 129. Effective enforcement of labour law violations. In reply to the previous request, the Committee notes the Government’s indication that there are currently six labour inspectors acting as prosecutors and legal representatives of workers before the Employment Relations Tribunal and the Employment Relations Court. The Committee notes from the first report of the Government that employers are given ample time to respond to compliance notices. It also notes that the Government has not provided further information on cooperation with the judicial system and the number and particulars of proceedings initiated by labour inspectors. The Committee requests the Government to include in the report supplementary information on cooperation with the judicial system and the number and particulars of proceedings initiated by inspectors.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. In its previous comment, the Committee requested the Government to provide information on the measures taken or envisaged to ensure that the status and the conditions of service of labour inspectors are such that they are assured of stability of employment and independence from any external influence. In this respect, the Committee notes that the Government indicates that the employment contract concluded with labour inspectors provides employment stability and regulates matters such as wages and allowances, the procedures for renewal of contracts, promotion, etc.

In this respect, the Committee would like to draw the Government’s attention to paragraph 203 of its 2006 General Survey on labour inspection, in which the Committee emphasized that, as public servants, labour inspectors are generally appointed on a permanent basis and can only be dismissed for serious professional misconduct. Noting that the Government refers to an employment contract, the Committee requests that the Government ensure that all labour inspectors and assistant labour inspectors are public servants. The Committee also requests the Government to ensure that all labour inspectors are recruited on a permanent basis so as to guarantee them full stability of employment and ensure that they are independent of changes of government and any improper external influences. Please also give details on the statute governing the conditions of service of labour inspectors (such as wages and benefits, etc.).

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Initial and continuous training of labour inspectors. In its previous comment, the Committee requested the Government to provide details on the training provided to labour inspectors concerning their primary duties. In this respect, the Committee notes the information that two senior labour inspectors participated in a training course in the ILO International Training Centre (ITC-ILO) in Turin and engaged in consultation with their colleagues on how to improve labour inspection in the country. The Government also refers to training on inspection procedures at the district and divisional levels without providing more detailed information. The Committee also notes the information provided that the recruitment criteria for labour inspectors have been revised. The Committee once again requests that the Government provide information on the number of labour inspectors that received training, the subjects of such training (child labour, freedom of association, wages and working time, occupational safety and health, etc.) and the duration of this training. The Committee also requests further information on the new recruitment criteria, and where applicable, a copy of any relevant document.

Articles 8 and 10 of Convention No. 81 and Articles 10 and 14 of Convention No. 129. Number of labour inspectors and women inspections and special duties entrusted to them. The Committee notes with interest the detailed information regarding the number of women labour inspectors as well as their special duties. The Committee notes from the first report of the Government that there were a total of 75 officers engaged in labour inspection work in the units of the Labour Compliance Service, the Occupational Safety and Health Inspectorate and the Workmen’s Compensation Service. The Committee requests that the Government provide information on the current number of labour inspectors working within the labour inspection services, including information on their specialization (such as general working conditions and occupational safety and health).

Article 11 of Convention No. 81 and Article 15 of Convention No. 129. Material resources of the labour inspection system. In its previous comment, the Committee noted the information provided by the Government on the practical difficulties encountered in the application of the Convention, including a large number of employers, overlapping national laws, lack of transportation means in light of the country’s geographical situation, lack of awareness, etc.

In this respect, the Committee notes that the Government provides the information requested by the Committee on the total amount allocated to the labour inspection system, but that it does not provide the requested information concerning the proportion of the national budget allocated to labour inspection. The Committee further notes the information provided by the Government on the material means available to the labour inspection services, including the number of vehicles, and information on other means, such as personal protective equipment, desktops, printers and stationery. The Committee once again requests that the Government indicate the proportion of the national budget allocation to the labour inspection system. Please also provide information on the number of workplaces which have been inspected and also those which are liable, as well as the number of workers employed in these workplaces. Since the Government has not provided the information on the procedures for the repayment of duty travel expenses, the Committee also once again requests the Government to provide this information.

Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129. Free access of labour inspectors to workplaces liable to inspection at any hour of the day or night. The Committee notes that section 19(2) of the ERP 2007 provides that labour inspectors may only enter workplaces “at any reasonable time”, whereas Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129 provide that labour inspectors shall be empowered to enter freely and without previous notice “at any hour of the day or night” any workplace liable to inspection, and Article 12(1)(b) of Convention No. 81 and Article 16(1)(b) of Convention No. 129 provide that labour inspectors should be empowered to enter “by day” any premises which they may have reasonable cause to be believe to be liable to inspection.

The Committee recalls its indications made in paragraph 269 of its 2006 General Survey on labour inspection that the term “reasonable time” without defining the term constitutes a limitation to the scope of the prerogative in Article 12(1) of Convention No. 81 and Article 16(1) of Convention No. 129 concerning the timing of visits of inspections. The Committee further emphasized, in paragraph 270 of this General Survey, that the protection of workers and the technical requirements of inspection should be the primordial criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped. It finally emphasized that it should be for the inspector to decide whether a visit is reasonable, noting that obviously, inspections should only be carried out at night or outside working hours where this is warranted. The Committee therefore requests that the Government give consideration, in the current initiatives to reform the national legislation, to bring section 19(2) of the ERP 2007 into conformity with the requirements set out in Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129.

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Number of inspection visits. The Committee notes that the Government has indicated that in 2014, labour inspectors conducted 2,735 inspection visits, out of which all 2,735 were surprise visits. The Committee also understands that the inspections under the HSWA are required by law at specified periods. The Committee requests that the Government indicate the number of inspection visits in relation to the number of registered workplaces, as per the register maintained by the Ministry, as well as the relevant legal provisions that require inspections. The Committee also requests that the Government indicates the number of unannounced visits that were not made in response to a complaint.

Articles 19, 20 and 21 of Convention No. 81 and Articles 24, 25, 26 and 27 of Convention No. 129. Publication and communication of annual reports on the work of the labour inspection services. The Committee notes that no annual report on the work of the labour inspection services has yet been received. The Committee nevertheless notes the Government’s indication that it is working on publishing this report. It also notes the Government’s indication on the existence of a register of workplaces liable to inspection and workers employed therein, the number of inspection visits undertaken, and other relevant information. In view of the statistical information that is already available, the Committee requests that the Government make every effort to publish and communicate to the ILO, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, an annual report on the work of the labour inspection services, including labour inspection services in agriculture (either as a separate report, or as part of its general annual report), containing the information required in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129, to allow the Committee to assess the application of the Conventions in practice.

Issues specifically concerning labour inspection in agriculture

Articles 5, 6(1), 12 and 13 of Convention No. 129. Preventive activities of labour inspectors in agriculture. Cooperation of the labour inspection services in agriculture with other bodies exercising similar functions and collaboration with employers and workers or their organizations. The Committee notes the information provided by the Government concerning the awareness-raising activities of workers and farmers involved in sugar cane farming (in cooperation with the Ministry of Sugar, the Fiji Sugar Corporation Limited, Fiji Sugar Cane Growers Council and Fiji Cane Producers Association), a sector which provides the means of livelihood for more than half of the Fijian population. The Committee also notes the actions undertaken to withdraw children working in hazardous environment, and the cooperation with other national and international organizations concerning the specific issues relating to children working in the agricultural sector, and especially in the sugar industry. The Committee requests that the Government provide further information regarding preventive activities of labour inspectors in the agricultural sector, including in collaboration with tripartite organizations, other government ministries, and international preventative initiatives.

Articles 9 and 11 of Convention No. 129. Recruitment and training of labour inspectors. In reply to the previous request of the Committee concerning specific training of labour inspectors in agricultural matters, the Government indicates that inspectors in the agricultural sector are not given specialized training relating to chemicals and handling of chemicals, but that OSH inspectors are associated in inspections with specialized skills in this regard. The Committee once again requests that the Government provide information on any training provided to labour inspectors concerning specific risks in agriculture (including such as risks associated in the use of machines, the handling of animals, etc.).