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

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

Articles 3(2), 10 and 16 of the Convention. Functions and number of labour inspectors and frequency of inspection visits. In its previous comments, the Committee noted that according to a 2009 job description communicated by the Government, labour inspectors were obliged to carry out other functions in the Labour Department, in addition to their primary duties, as well as the functions assigned to them by their immediate supervisor, the Labour Commissioner or the Deputy Labour Commissioner. It also noted that from 1997 to 2010, there had been a high fluctuation in the number of labour inspections, with a decrease in the number of labour inspections from 2009 to 2010 of almost half (that is, from 248 to 128). The Committee notes the Government’s indication in its present report that the 2009 job description of labour inspectors remains valid and that unforeseen challenges had been the cause of the fluctuations and reductions in the number of labour inspections. The Committee requests that the Government provide detailed information on the current number of labour inspectors (including the number of labour inspectors specializing in occupational safety and health (OSH)), and an indication as to whether this number is sufficient to secure the effective discharge of the duties of the inspectorate. The Committee also requests that the Government provide information on whether any additional functions are entrusted to labour inspectors (such as the mediation and conciliation of labour disputes), as well as information on the measures taken to ensure that any further duties do not interfere with the effective discharge of the primary duties of labour inspectors.

Article 5(a) and (b). Cooperation between the labour inspection services and other government services or public institutions and collaboration with employers’ and workers’ organizations. The Committee again notes with regret that the Government has once again not provided the requested information on the content and modalities of any existing cooperation between the labour inspectorate and the Ministry of Health (or information on any difficulties preventing such cooperation in practice). The Committee further notes that the Government has once again not provided the requested information on the details of collaboration between the labour inspectorate and the social partners. The Committee therefore once again requests that the Government provide detailed information on the measures taken to develop cooperation between the labour inspectorate and the Ministry of Health (such as on regular exchange of information and data, common training seminars or conferences). It also once again requests that the Government provide details on the content and modalities of any existing cooperation (such as the organization of conferences or joint committees, or similar bodies, to discuss questions concerning the enforcement of labour legislation and the health and safety of workers, and whether the labour inspectorate is represented on the National Labour Board).

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