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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) in a single comment.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Duties entrusted to labour inspectors. In reply to the Committee’s previous comment, the Government indicates that in 2021 a total of 14 per cent of labour inspections related to illegal work and in particular the under-declaration of working hours and the issue of workers not declared as employees by the employer (faux patentés), that six administrative fines were imposed but that none of these cases were concerned with workers in irregular situations. The Government also indicates that during 2021 a total of 47 per cent of inspections related to occupational safety and health, 24 per cent to hours of work and 15 per cent to staff representation bodies. The Committee requests the Government to provide information on any measures taken or envisaged to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers, in particular action against under-declaration of working hours and the issue of undeclared employees.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspectors. In reply to the Committee’s previous comment, the Government indicates that career prospects are encouraging for labour inspectors originating from French Polynesia since the country is seeking to promote the appointment of officials of such origin (océanisation). The Government also indicates that the staff of the labour inspectorate is composed as follows: three labour inspectors (two officials of French Polynesian origin and one seconded from the labour inspectorate in metropolitan France on a two-year secondment which is renewable once) and five labour controllers (three having civil servant status, the other two being administration employees without civil servant status (ANFA), who enjoy the same guarantees of independence and stability of employment as civil servants). The Committee notes that labour inspectors are paid according to salary scales established by the civil service of French Polynesia or by the civil service of the State in the case of civil servants seconded from metropolitan France. However, the Committee notes the Government’s indication that even though inspection staff salaries are adjusted regularly according to their career progression, a financial incentive taking account of the technical nature of the profession has still not been implemented and discussions are under way on this matter. The Committee requests the Government to provide information on any measures taken or envisaged with a view to establishing a financial incentive that takes account of the technical nature of the inspection profession.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual inspection report. Further to its previous comment, the Committee notes the information and general statistical data contained in the report sent by the Labour Directorate for 2021 regarding the staff of the labour inspection service, workplaces liable to inspection, inspection visits, violations committed and penalties imposed, as well as regarding occupational accidents resulting from falls from height (Article 21(b)–(f) of Convention No. 81 and Article 27 of Convention No. 129, respectively). However, the Committee notes that the report in question does not contain any specific information on the agricultural sector. Referring to its general observation of 2010 on Convention No. 81, the Committee recalls that, when well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. In this regard, the Committee also recalls that, in paragraph 322 of the General Survey of 2006 on labour inspection, it emphasized the need for the Government to ensure that the annual report of the central inspection authority is published within the time limits laid down in the Conventions and that it deals in as much detail as possible with the subjects covered in Article 21 of Convention No 81 and Article 27 of Convention No. 129. The Committee therefore requests the Government to indicate any measures taken or envisaged to ensure that, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, annual reports on the work of the labour inspection service are published within the prescribed time limits and deal in as much detail as possible with all the subjects listed in Article 21(a)–(g) of Convention No. 81 and Article 27 of Convention No. 129. The Committee also requests the Government to take the necessary steps to ensure that these reports contain specific information on inspections carried out in agriculture.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues concerning the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 (labour inspection) and Convention No. 129 (labour inspection (agriculture)) together.

Article 3(1) and (2), and Article 5(a) of Convention No. 81, and Article 6(1) and (3), and Article 12(1) of Convention No. 129. Duties entrusted to labour inspectors in cooperation with other government services to combat illegal employment. Subsequent to its previous comments concerning the role of labour inspectors in combatting irregular employment, the Committee notes the statistical information supplied by the Government in its report, showing that 147 of the 530 inspections conducted in 2017 concerned the declaration of workers. 143 of those 147 inspections included matters other than the declaration of workers and four inspections concerned the declaration of workers exclusively. It notes that 14 administrative penalties were issued for failure to declare a worker prior to employment, with the request that the employers regularize the situation of the workers, but that none of the penalties concerned foreign workers in an irregular situation. It also notes that the three infringement reports submitted to the prosecutor in 2017 concerned cases including irregular employment as well as safety regulation violations. The Committee requests the Government to continue to supply information on the nature of action undertaken by the labour inspectorate to combat irregular employment, specifying the number of cases of workers in an irregular situation who effectively succeed in obtaining their rights, including payment of unpaid wages, social security coverage or the drawing up of an employment contract. Where applicable, the Committee requests the Government to indicate the number of cases that concern migrant workers in an irregular situation.

Articles 5(a), 17, 18 and 21(e) of Convention No. 81 and Article 12(1) and Articles 22, 24 and 27(e) of Convention No. 129. Cooperation between the labour inspection services and the judiciary, and the necessary balance between the prevention and the imposition of penalties. Subsequent to its previous comments, the Committee notes the statistics supplied by the Government, in particular on the number of infringements and the type of penalties imposed. The Committee notes that a total of 2,522 observations were recorded in 2017, as well as 29 official notices to prevent occupational hazards, 18 temporary suspensions of activity following observation of a serious danger, 51 administrative fines and three infringement reports placed before the prosecutor. It notes the Government’s indication that the use of infringement reports was limited to breaches with the most serious consequences and that of the three reports submitted in 2017, two were subsequent to a fatal occupational accident. The Government also states that the 51 administrative fines imposed in 2017 constituted a rapid and effective response.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspectors. The Committee previously noted the Government’s indication that labour inspectors and controllers are either public servants in the labour inspection service, or public servants or employees of the administration who benefit from employment security. In that connection, the Committee notes the Government’s statement that the employees of the administration have the same guaranteed independence and employment security as do the public servants. It notes that of the eight inspectorate posts, seven are held by three labour inspectors and four by controllers, of whom two are public servants and two employees of the administration. It also notes that the fifth post of controller was to be filled by a public servant recruited by open competition in 2019, and that recruitment of non-public servants would cease. The Committee requests the Government to supply additional information on the conditions of service of labour inspectors, whether they are public servants or not, in particular with regard to wages and career prospects.

Articles 20 and 21 of Convention No. 81, and Articles 26 and 27 of Convention No. 129. Annual inspection report. Subsequent to its previous comments, the Committee notes with interest the labour inspectorate’s report for 2017, which contains the detailed information on the points listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee requests the Government to continue to send the annual inspection report to the ILO and to provide information on its publication, in conformity with Article 20(1) of Convention No. 81, and Article 26(1) of Convention No. 129.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes the information provided by the Government in its report in reply to the Committee’s previous comments on the additional functions entrusted to labour inspectors in relation to Article 3 of the Convention (the settlement of labour disputes), Article 7 (the training of inspection staff) and Article 9 (the association of duly qualified technical experts and specialists in the work of inspection).

Articles 3(1) and (2) and 5(a). Additional duties entrusted to inspection staff in cooperation with other governmental services to combat illegal employment. In its previous comments, the Committee noted that the action to combat illegal employment was undertaken by a committee composed of the Deputy Public Prosecutor, the Department of Labour, the Social Welfare Fund, the gendarmerie, the Department of Public Security, the border police and the tax authorities. It requested the Government to take all the necessary measures, in law and practice, to return labour inspectors to their functions as defined by the Convention and to limit their involvement in joint inspection operations to an extent that is compatible with the objectives of the Convention. In this regard, the Government indicates that, regardless of the specific form it takes, the objective of illegal employment is generally to deprive employees of all or some of the rights granted to them under labour legislation. Action by the labour inspectorate to combat illegal employment does not therefore conflict with its primary role of ensuring compliance with legislation on working conditions and the protection of workers, but is rather an intrinsic part of this role. In addition to the restoration of their right to wages and to social protection, the protection of workers who are subject to illegal employment is provided through the right to a minimum fixed sum of compensation equivalent to six months’ wages when an employer terminates the employment relationship. The Department of Labour is planning to offer a “supervision kit” in addition to the other services with which it coordinates its action against illegal employment to highlight aspects related to the protection of employees. This protection also concerns foreign employees, regardless of whether their status complies with the rules governing residency. Illegal work in the country only marginally concerns foreign nationals. The Committee requests the Government to provide statistical data on the measures taken by the labour inspection services to restore the right to wages and to social protection of employees who have been victims of illegal employment, specifying the number of cases of foreign workers in an irregular situation. The Committee also requests the Government to provide statistical information on inspections aimed at enforcing the application of provisions relating to working conditions and the protection of workers, in comparison with inspections conducted by labour inspectors aimed at controlling illegal employment.

Articles 5(a), 17, 18 and 21(e). Cooperation between the labour inspection services and the Judiciary, and the necessary balance between the prevention and imposition of penalties. In its previous comments, the Committee noted that, although the number of infringements recorded had risen sharply compared with 2010, the number of compliance notices and infringement reports had dropped significantly. It asked the Government to explain the reasons for this trend and to supply additional information on the violations recorded and the nature of the penalties imposed. The Government indicates that the number of criminal offences has fallen, and that criminal proceedings are restricted by the discretionary power of the prosecution services. It adds that an active policy to impose penalties will be developed, with a particular emphasis on the quality of infringement reports and on the relationship with the prosecution services, and an extension of the use of administrative penalties, particularly fines. The Committee requests the Government to provide information on the measures taken in this regard.

Article 6. Status and conditions of service of inspection staff. With regard to the status of inspection staff, the Committee notes that the Government once again indicates that labour inspectors and controllers are either public servants in the labour inspection service, or public servants or employees in the administration, who benefit from employment security. The Committee requests the Government to provide details on the nature of the recruitment of employees who are not public servants, and their terms and conditions of service compared with those of public servants.

Articles 20 and 21. Annual inspection report. While noting the extract from the 2014 annual report of the Department of Labour, and the 2014 review of statistics on occupational accidents and diseases attached to the Government’s report, the Committee requests the Government to ensure that an annual report on the work of the inspection services, containing information on the matters covered by Article 21(a)–(g), is published and communicated regularly to the Office within the time limits set out in Article 20.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government in its report in reply to the Committee’s previous comments on the additional functions entrusted to labour inspectors in relation to Article 3 of the Convention (the settlement of labour disputes), Article 7 (the training of inspection staff) and Article 9 (the association of duly qualified technical experts and specialists in the work of inspection).

Articles 3(1) and (2) and 5(a). Additional duties entrusted to inspection staff in cooperation with other governmental services to combat illegal employment. In its previous comments, the Committee noted that the action to combat illegal employment was undertaken by a committee composed of the Deputy Public Prosecutor, the Department of Labour, the Social Welfare Fund, the gendarmerie, the Department of Public Security, the border police and the tax authorities. It requested the Government to take all the necessary measures, in law and practice, to return labour inspectors to their functions as defined by the Convention and to limit their involvement in joint inspection operations to an extent that is compatible with the objectives of the Convention. In this regard, the Government indicates that, regardless of the specific form it takes, the objective of illegal employment is generally to deprive employees of all or some of the rights granted to them under labour legislation. Action by the labour inspectorate to combat illegal employment does not therefore conflict with its primary role of ensuring compliance with legislation on working conditions and the protection of workers, but is rather an intrinsic part of this role. In addition to the restoration of their right to wages and to social protection, the protection of workers who are subject to illegal employment is provided through the right to a minimum fixed sum of compensation equivalent to six months’ wages when an employer terminates the employment relationship. The Department of Labour is planning to offer a “supervision kit” in addition to the other services with which it coordinates its action against illegal employment to highlight aspects related to the protection of employees. This protection also concerns foreign employees, regardless of whether their status complies with the rules governing residency. Illegal work in the country only marginally concerns foreign nationals. The Committee requests the Government to provide statistical data on the measures taken by the labour inspection services to restore the right to wages and to social protection of employees who have been victims of illegal employment, specifying the number of cases of foreign workers in an irregular situation. The Committee also requests the Government to provide statistical information on inspections aimed at enforcing the application of provisions relating to working conditions and the protection of workers, in comparison with inspections conducted by labour inspectors aimed at controlling illegal employment.

Articles 5(a), 17, 18 and 21(e). Cooperation between the labour inspection services and the Judiciary, and the necessary balance between the prevention and imposition of penalties. In its previous comments, the Committee noted that, although the number of infringements recorded had risen sharply compared with 2010, the number of compliance notices and infringement reports had dropped significantly. It asked the Government to explain the reasons for this trend and to supply additional information on the violations recorded and the nature of the penalties imposed. The Government indicates that the number of criminal offences has fallen, and that criminal proceedings are restricted by the discretionary power of the prosecution services. It adds that an active policy to impose penalties will be developed, with a particular emphasis on the quality of infringement reports and on the relationship with the prosecution services, and an extension of the use of administrative penalties, particularly fines. The Committee requests the Government to provide information on the measures taken in this regard.

Article 6. Status and conditions of service of inspection staff. With regard to the status of inspection staff, the Committee notes that the Government once again indicates that labour inspectors and controllers are either public servants in the labour inspection service, or public servants or employees in the administration, who benefit from employment security. The Committee requests the Government to provide details on the nature of the recruitment of employees who are not public servants, and their terms and conditions of service compared with those of public servants.

Articles 20 and 21. Annual inspection report. While noting the extract from the 2014 annual report of the Department of Labour, and the 2014 review of statistics on occupational accidents and diseases attached to the Government’s report, the Committee requests the Government to ensure that an annual report on the work of the inspection services, containing information on the matters covered by Article 21(a)–(g), is published and communicated regularly to the Office within the time limits set out in Article 20.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Referring to its observation, the Committee would like to raise the following additional points.

Legislation. The Committee notes that, according to the Government, the amended territorial Act No. 2011-15 of 4 May 2012 has endorsed the codification of labour legislation and been enforced since 1 August 2011, and that an Act amending the Labour Code was due to be voted by the Assembly of French Polynesia in 2012 in order to correct the factual errors contained in the said Code. The Committee also notes that territorial Act No. 2010-10 of 19 July 2010 concerning occupational health has paved the way for the introduction of the occupational risk assessment document on 1 January 2014. The Government adds that this Act will be supplemented in 2013 by the adoption of a territorial Act concerning occupational health, particularly with respect to moral and sexual harassment, discrimination in hiring, safety and working conditions, working equipment and dangerous machines. It further adds that a territorial Act is being drafted on the subject of ionizing radiation. The Committee requests the Government to continue keeping the Office informed of any relevant developments in labour legislation.

Articles 1, 4, 9, 10, 11 and 14 of the Convention. Transfer of the competences and organization of the labour inspectorate. Resources of the inspection service. The Committee notes that the Labour Directorate’s budgetary resources enable it to operate with adequate material means. It notes however that, according to the Government, the social dialogue office is vacant and the post of medical labour inspector has not been filled, which undermines the smooth running of occupational medicine and the work of the Labour Directorate. Furthermore, the Government notes that it was impossible to continue assisting enterprises in assessing occupational hazards at the workplace, a process that began in 2010, because the technician/engineer in charge of this work resigned. The Committee requests the Government to provide information on any measures taken to increase the staff of the labour inspectorate and ensure that the post of a medical labour inspector is filled. It also asks the Government once again to provide information on the measures taken for the allocation of final compensation in relation to the pay of inspection staff provided for under Decree No. 2005-1688 of 26 December 2005. The Committee also asks the Government to continue submitting relevant information on any developments pursuant to the merger of the inspection service and labour service, which has become the Labour Directorate, especially on the establishment of a labour inspectorate council, as well as on the impact of this merger on the running of the labour inspection system.

Articles 5(a) and 21(e). Cooperation between the labour inspection services and the judicial bodies. The Committee notes that, according to the Government, cooperation between the labour inspection services and the judiciary takes the form of relations between the Director of Labour and the Public Prosecutor, and that emphasis is placed on safety violations at worksites and illegal work. However, it notes the information contained in the 2011 report stating that, although there had been a sharp increase in the number of infringements compared to 2010, the number of compliance notices and infringement reports had significantly dropped. Referring to its 2007 general observation on the importance of cooperation between the labour inspection services and the justice system, the Committee asks the Government to explain the reasons for these trends and to provide additional information on the violations recorded and the nature of the penalties imposed. The Committee would be grateful if the Government would supply more detailed information on the cooperation between the Director of Labour and the Public Prosecutor.

Article 6. Conditions of service of inspection staff. The Committee notes that, according to the Government, restrictions on length of service have made mobility a necessity in order to guarantee the independence of the labour inspectors and the renewal of the service. It also notes that Act No. 2010-5 of 3 May 2010 introduced regulations establishing the principles of the independence of the labour inspection services in French Polynesia, specifically stipulating that a controller could not be moved without his or her agreement, subject to disciplinary proceedings under public service rules. The Committee asks the Government to continue providing information on the way in which the status and conditions of service of labour inspection officials, such as labour inspectors and controllers, provide them with stability in employment.

Article 7(1) and (3). Recruitment and training of labour inspection staff. The Committee notes that, pursuant to Decision No. 2010-39 APF of 25 August 2010, the Labour Directorate has introduced training sessions for four new trainee controllers who will undergo specific training that is identical to the initial training of metropolitan officials. According to the Government, labour inspection controllers underwent 248 hours of continuing training in 2011 and 157 hours for the first six months in 2012. The Committee asks the Government to continue providing any relevant information on the initial training of labour inspectors and their in-service further training, particularly with respect to the content and frequency of these training programmes, the number of persons attending them and their impact.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 3(2) and 5(a) of the Convention. Additional duties entrusted to controllers, and cooperation between the inspection services and other governmental services and public or private institutions. 1. Efforts to curb illegal employment. The Committee notes that, according to the Government, efforts to combat illegal employment are undertaken by a committee made up of the Deputy Public Prosecutor, the Labour Directorate, the Social Welfare Fund, the gendarmerie, the Public Safety Directorate, the border police and the tax authorities. The Government states that in 2011, attention was focused on the building and public works sector, hotels, cafes and restaurants, as well as on cleaning and security enterprises, and that out of 17 infraction reports on clandestine work, 12 were issued by the labour inspectorate and five by the gendarmerie.

The Committee reminds the Government that the cooperation referred to in Article 5(a) of the Convention is intended to strengthen measures to enforce the legal provisions relating to conditions of work and the protection of workers (Articles 2 and 3(1)). Referring to paragraphs 75 to 78 of its 2006 General Survey on labour inspection, the Committee points out that the function of verifying the legality of employment should have as it corollary the reinstatement of the statutory rights of all the workers concerned if it is to be compatible with the objective of protection afforded by the Labour Inspection. This objective can only be met if the workers covered are convinced that the primary task of the inspectorate is to enforce the legal provisions relating to conditions of work and protection of workers. The Committee requests the Government to take all the necessary measures, in law and in practice, to re-establish labour inspectors in their functions as defined by the Convention and to limit their involvement in joint inspection operations to an extent that is compatible with the objectives of the Convention. The Committee also requests the Government to supply information enabling it to assess the way in which foreign workers in an irregular situation are guaranteed the same protection provided by the labour inspectorate as other workers.

2. Additional functions entrusted to the labour inspectors. Settlement of labour disputes. The Committee notes that, in accordance with section 3 of Order No. 2385 CM of 23 December 2010, the Labour Directorate’s role includes promoting social dialogue and participating in the settlement of collective labour disputes. It also notes the information that territorial inspection units now take it in turn to settle individual labour disputes.

The Committee reminds the Government that, in accordance with Article 3(1) of the Convention, the main functions of labour inspectors are to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers, and to supply technical information and advice to employers and workers. It also recalls the guidelines contained in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), to the effect that “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee asks the Government to provide information on the time and resources of inspection services spent on conciliation in relation to their primary duties as defined in Article 3(1) of the Convention. The Committee hopes that the Government will take the necessary steps to ensure that, in accordance with Article 3(2) of the Convention, any duties entrusted to labour inspectors, outside their main duties, do not interfere with the effective discharge of these primary duties or prejudice in any way the authority necessary to inspectors in their relations with employers and workers. It asks the Government to provide any information concerning measures taken or envisaged in this respect in its next report.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

With reference to its observation, the Committee wishes to raise the following points.

Legislation. The Committee notes that the codification of labour legislation has been finalized, approved by the social partners and submitted to the Higher Council of French Polynesia and the Economic, Social and Cultural Council (CESC) before its submission to the Assembly, and that the first section of the draft Act concerning occupational health was voted by the Assembly of French Polynesia in March 2009 and was awaiting promulgation. The Committee requests the Government to send information on progress made in the procedure for the adoption and the codification of the labour legislation and the promulgation of the Act concerning occupational health.

Articles 1, 4, 9, 10, 11, 14, 16 and 22 of the Convention. Transfer of competence of the labour inspectorate; central inspection authority; human and material resources of the inspection service. The Committee notes that the transfer of the labour inspectorate pursuant to the Statute of Autonomy of French Polynesia was completed on 1 January 2009 and that the inspection service is now placed under the authority of the labour minister.

However, the Government indicates that the French State has not paid financial compensation corresponding to the amount of remuneration paid in 2008 to inspection staff transferred in 2009 and 2010, contrary to the principles laid down by Decree No. 2005-1688 of 26 December 2005 concerning arrangements for the evaluation of charges and the transfer of services. In addition, according to the Government, the State has not considered the transfer of the post of medical labour inspector, provided for by the regulations since 1986, since this post has been vacant since 2001. However, a post for a prevention engineer (with a fixed-term contract) has been created through the conversion of a lawyer’s post.

The Committee further notes that the labour inspectorate numbers ten staff, including two inspectors and four controllers (one of them was on a ten months’ training in mainland France, up to the beginning of 2011) in the inspection section and a labour controller responsible for administrative and budgetary matters, computer maintenance and the information system. The members of the labour inspectorate’s staff are obliged to inspect, in accordance with the December 2007 census, a total of 6,900 enterprises employing more than 69,000 workers scattered over 76 islands. The Committee previously noted that the target fixed in 2004 was eight inspection staff (two inspectors and six controllers) to undertake actual inspections in 10 per cent of enterprises liable to inspection. The Committee requests the Government to supply information on the measures taken or contemplated to strengthen the labour inspectorate, including through the allocation of financial compensation in relation to the pay of inspection staff provided for by Decree No. 2005-1688 of 26 December 2005.

Further noting that the annual inspection report for 2009 refers to an under-declaration of the number of occupational diseases, owing, inter alia, to insufficient knowledge in this domain on the part of doctors and that the Government’s 2008 report deplored the fact that the prolonged vacancy for a medical labour inspector was depriving the inspection service of essential competence for the discharge of its duties, the Committee requests the Government to indicate all the measures taken or contemplated to fill this post.

The Committee would also be grateful if the Government would provide information on any developments concerning the amalgamation of the inspection service and the labour department as mentioned in its report and to send detailed information, if applicable, on the impact of this amalgamation on the functioning of the labour inspection system.

Article 6. Conditions of service of inspection staff. According to the Government, the chief of the labour inspection service and labour inspectors and controllers can either be officials (fonctionnaires) or employees under private law (agents de droit privé) who have guaranteed employment. However, the Committee notes that, under section LP 81-1 of Act No. 86-845 of 17 July 1986 concerning the general principles of labour law and the structure and operation of the labour inspectorate and labour tribunals in French Polynesia, as amended by section LP 2 of national Act No. 2010-5 of 3 May 2010, employees of the labour inspection service are public employees whose status ensures them stability of employment and makes them independent of changes of government and of improper external influences. The Committee further notes that, under section LP 81-3 of Act No. 86-845 of 17 July 1986, as amended by section LP 2 of national Act No. 2010-5 of 3 May 2010, neither labour inspectors nor controllers can occupy a post in the same territorial unit for more than six consecutive years, and that an inspector who has worked in different territorial units, in the enterprise inspection department, can only be appointed for a further period of service after a four-year gap. The Committee requests the Government to supply further clarification on (i) the status and conditions of service of inspection staff (inspectors and controllers) and (ii) on the reasons of the restrictions concerning the period of service imposed on inspectors and controllers to the same position.

Article 7. Qualifications of labour inspection staff. The Committee notes that a decision concerning the conditions of recruitment for the chief, inspectors and controllers of the labour inspection service providing for compulsory initial training for new inspection staff has been submitted to the Assembly of French Polynesia for consideration. A training for inspection staff in safety and health matters has also been organized since 2008. The Committee requests the Government to send information on progress made on the procedure concerning any further developments regarding the adoption of the abovementioned provisions and, if applicable, to send a copy of the relevant texts adopted. It also requests the Government to send further information on the measures taken to ensure that inspection staff receive appropriate further training.

Articles 20 and 21. Content and publication of the annual inspection report. The Committee notes with interest that the labour inspection reports for 2007 and 2009 contain statistics on workplaces liable to inspection and the number of workers employed therein. The Committee requests the Government to ensure that in the future the annual report will contain information on each of the subjects covered by Article 21. The Government is also requested to indicate whether these reports have been published, as required by Article 20.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the transfer of the labour inspectorate pursuant to the Statute of Autonomy of French Polynesia was completed on 1 January 2009. It notes national Act No. 2010-5 of 3 May 2010 concerning labour inspection in French Polynesia. The Committee notes with interest that, under section LP 83-12 of this Act, labour inspectors now have the power to take, in accordance with Article 13(2)(b) of the Convention, any measures aimed at ensuring health protection, including the temporary stoppage of work or activities, in cases of serious risk defined in 11 situations listed in the text. Their decision is of immediate application and is not suspended if the employer makes use of the right of appeal to a higher authority (section LP 83-24 of the Act). The Committee requests the Government to provide information and statistics in its next report on the impact of this new power of direct injunction by labour inspectors on the level of compliance by employers with the legal requirements and prescriptions relating to the safety and health in workplaces characterized by a high rate of accidents.

The Committee further notes with interest that the abovementioned Act has replaced, by administrative fines, the system of penalties envisaged in the legal provisions relative to the obligation to submit a declaration prior to recruitment and to combat clandestine work, as well as in Decision No. 2000-130 APF of 26 October 2000, as amended, on professional divers and establishing specific protection measures for workers engaged in a high pressure environment and the organization of their vocational training (Chapter II of Act No. 2010-5). According to the explanations provided by the Government, this change is aimed at mitigating the near absence of repression by penal courts, the length of the procedures, and the very low amounts of the penalties imposed. Crimes as well as certain infringements still remain under penal court jurisdiction. The Committee would be grateful if the Government would supply examples of judicial decisions rendered before the adoption of Act No. 2006-20 of 28 November 2006 in cases of violation of the abovementioned legislation and administrative fines imposed since then, as well as information on the impact in terms of the evolution of the level of observance of this Act.

The Committee would also be grateful if the Government would indicate if it is intended to extend the new system of penalties to other matters relating to the conditions of work and the protection of workers while engaged in their work in order to reinforce the dissuasive effect of the repressive measures taken by labour inspectors, or if steps have been taken or envisaged to promote an effective cooperation between the labour inspection services and the justice system to the same end, as recommended in the general observation of 2007 under this Convention. The Committee also requests the Government to send the ILO a copy of Order No. 616 CM of 5 May 2009 establishing the labour inspection service of French Polynesia. It would be grateful if the Government would also provide information on the procedure for the adoption of the decision on the conditions for nomination to the positions of head of department, head of inspection and supervisors, referred to in its report received in November 2010.

Articles 3(1)(a) and (2), and 5(a) of the Convention. Additional duties assigned to controllers. Action against undeclared work. The Committee notes national Act No. 2006-20 of 28 November 2006 concerning the obligation of a declaration prior to recruitment and the action against undeclared work. With reference to its previous comments on this issue, the Committee notes that, according to the annual inspection report for 2009, the work of the labour inspectorate focused in priority on action against undeclared work and on measures to prevent falls from height in the construction and public works sector.

According to the information in the Government’s report received in 2008, since few cases are recorded of employment of foreigners without official papers owing to the geographical situation of the country, undeclared work is primarily the result of non-declaration of employees to the Social Security Fund (CPS), and controls made in this context generally lead to the regularization of the situation and not to dismissal of the employee. In the event of termination of the employment relationship under Act No. 2006-20 of 28 November 2006, workers employed in breach of the regulations are entitled to lump-sum compensation equivalent to six months’ wages, unless the application of other legal provisions would lead to a more favourable solution in accordance with national Act No. 2006-20 of 28 November 2006. However, the Government indicated in its report of 2008 that nothing has been undertaken to facilitate the implementation of this right. In the same report, the Government indicated that action against undeclared work was henceforth the subject of a meeting within an informal committee under the auspices of the Public Prosecutor and the labour inspectorate, with the participation of the monitoring service of the CPS, the gendarmerie, the police and the border police, and that common action was organized on a quarterly basis.

The Committee requests the Government to indicate the number of infringements reported in the context of action against undeclared work relating to conditions of work and the protection of workers, the legal provisions concerned, the penalties imposed and the corrective measures taken (for example, to guarantee the payment of the minimum wage and social benefits for work actually done). The Government is also requested to state in what manner the labour inspectorate ensures, in accordance with section L.341 6-1 of the Labour Code, and in the relevant provisions of the abovementioned Act No. 2006-20, that employers’ obligations are discharged with regard to work done by foreign workers who are illegally resident, where such workers are facing expulsion or removal from the country and to specify the number of regularizations for undeclared workers to the CPS.

The Committee requests the Government to also describe the procedure for the collaboration between the labour inspectorate, on the one hand, and the gendarmerie, police and border police, on the other, in the context of the informal committee which is responsible for action against undeclared work and to supply details of the joint action undertaken by this committee and the impact thereof.

Conciliation duties. With regard to its previous comments concerning the discharge of conciliation duties by the labour inspectorate in addition to their primary duties, the Committee notes with interest that, even though the regulations in force assign to controllers the task of taking action to resolve labour disputes, since 2006 all individual disputes has been handled by labour service staff and that action in cases of collective disputes has come within the competence of the labour director. The Committee requests the Government to indicate any measures taken or contemplated to ensure that the regulations in force are amended so that controllers are discharged of the duty of intervening in the resolution of labour disputes. The Government is also requested to continue to keep the ILO informed of the impact of relieving labour inspectors from conciliation duties on the exercise of their primary duties (inspection activities relating to conditions of work) and the protection of workers while engaged in their work.

Article 5. Effective cooperation between the labour inspection services and other government services and collaboration with social partners in the area of occupational safety and health. The Committee notes that cooperation is continuing between the labour inspection service and the Social Security Fund (CPS), especially its risk prevention service. In particular, it notes with interest that: (i) a guide for evaluating the main occupational hazards has been produced and disseminated; (ii) nine enterprises have been supported and monitored in this process; (iii) an information pamphlet on noise has been produced and disseminated; (iv) cooperation between occupational physicians and doctors in public health is planned with a view to improved prevention in the remote islands; and (v) the setting up of a hazard database continued in 2009 and related projects were expected to be completed in 2010. The Committee also notes that the inspection service is participating in training for trade unionists who are members of occupational safety and health committees and for new enterprise chiefs, and that a labour inspection council with an advisory function, the structure and operation of which are due to be fixed by the Council of Ministers, has been established under the auspices of the labour minister. The Committee requests the Government to keep the Office informed of all progress made through cooperation inter-institutional and collaboration with employers’ and workers’ organizations.

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

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

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).

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Articles 1, 4 and 6 of the Convention. Transfer of competence with regard to labour inspection and status of labour inspectors. The Committee notes Organic Act No. 2004-192 of 27 February 2004 concerning the autonomous status of French Polynesia and amending the distribution of competence between the latter and the State. The Government indicates that, although labour law is now under the sole competence of French Polynesia, the labour inspectorate remains formally a service of the State as long as the relevant decree implementing the Act has not been published. However, pursuant to an agreement signed on 2 June 2004 between the representative of the State and the President of French Polynesia, the transfer of labour inspection activities to French Polynesia is already a reality as far as the exercise of competence in labour law matters is concerned. According to the Government, this transfer of competence remains a source of concern in certain regards: it states that the social partners expressed the wish to continue to have inspectors from the national inspection corps until French Polynesian officials have been sufficiently trained and their number is such that there is a satisfactory rotation of staff. With regard to controllers, training in various areas of labour inspection competence and the venue for their training (on the spot or in metropolitan France) should be the subject of examination and appropriate measures. Finally, the new relationship between the inspection service and the labour service might necessitate restructuring in the long term. The Committee would be grateful if the Government would keep the Office informed of any development in this regard.

2. Articles 3, paragraph 1(b), 5, 14 and 21(f) and (g). Cooperation between the inspection service and other public institutions in monitoring conditions of work. The Committee notes with interest that the development of cooperation links between the inspection service and the Social Security Fund (CPS), the compulsory insurer of enterprises for occupational accidents and diseases, culminated in the creation of a service for the prevention of occupational risks within which the labour inspectorate is represented in an advisory capacity.

The Committee also notes that coordinated actions against undeclared labour undertaken with the Ministry of Public Affairs, the police and gendarmerie and the monitoring service of the CPS have enabled a significant number of current infringements to be recorded in several sectors of activity. It would be grateful if the Government would state whether the recorded infringements recorded also included infringements of the legal provisions relating to conditions of work and the protection of workers, the monitoring of which is a matter for the labour inspectorate pursuant to Articles 1 and 3, paragraph 1(a), irrespective of the situation of workers vis-à-vis  the regulations. If so, the Government is requested to provide information on the nature of these infringements and on the measures applied by the inspectors with regard to employers found guilty of irregularities.

3. Articles 3, paragraphs 1 and 2; 9, 10 and 16. Matching human resources and the needs of an effective labour inspectorate. The Committee notes that in 2002 the inspection service had two full-time control officials (50 per cent of the working time of four controllers being occupied by other tasks) to inspect 6,395 enterprises employing 61,444 workers scattered over several island groups covering a surface area comparable to that of Europe. In addition, the Government deplores the fact that the vacant post of medical inspector, the conditions of which were not sufficiently attractive, was not filled and underlines the gravity of this crucial lack of competence for developing actions to prevent occupational risks, as well as for monitoring occupational medicine in a context characterized by insufficient observance of health and safety rules. Recalling that, under the Convention, the labour inspection system is concerned with enforcing the legal provisions relating to conditions of work and the protection of workers while engaged in their work, the Committee notes that monitoring illegal employment occupies a large part of the working time of inspection officials in relation to requirements regarding health and safety at work. It hopes that, given the limited numbers of labour inspection staff in relation to the extent of the territory covered and in order to promote the process of reorganization, relieving them of this task might be envisaged so that they can devote themselves fully to their duties in the areas covered by Article 3 of the Convention.

The Committee notes with interest that, alongside the reactive measures which are central to their work, inspection officials will undertake activities identified as priorities for 2004, particularly in the field of health and safety in building and public works and in the area of staff transport. Referring to its previous comments regarding the random nature of the procedure for reporting occupational diseases, the Committee notes in the labour inspectorate’s 2002-03 activity report that the number of occupational diseases reported (between three and six per year) is clearly below the real number, which should increase significantly in the next few years. It would be grateful if the Government would indicate whether measures have been taken to improve and systematize the procedure for the reporting of occupational diseases, and to provide any relevant text or information on developments in this regard.

4. Articles 20 and 21. Relevance of the periodic evaluation of the labour inspection system for the purpose of improving it. The Committee notes with interest that the analysis of the results of inspection activities by the central authority enabled a number of conclusions to be reached on the causes of defects in the inspection system and on the negative impact of inadequate legislative controls (unfair competition profitable to employers committing infringements; economic and social cost of the frequency of occupational accidents; frequency and economic cost of collective disputes; damage caused to social protection schemes by the non-declaration of wage employees or hours of work). It notes that clear guidelines have been formulated for achieving the appropriate objectives, the Government considering that it is necessary to:

(i)  step up the on-site presence of inspectors and controllers by means of a rational restructuring of services and strengthening of staff numbers, particularly by the recruitment of a medical inspector, but also by the appointment of four new controllers in order to triple the current monitoring capacity;

(ii)  develop appropriate judicial means for the purpose of achieving effective controls: obligation to declare employees prior to their recruitment, in order to facilitate the recognition of undeclared work; improving procedures for declaring the opening of worksites and provisions for achieving greater transparency in cases of pyramid subcontracting; conferring a power of injunction on labour inspectors enabling them to take immediate and direct action in situations entailing a serious and imminent risk to the health or safety of workers; and possibly imposing administrative sanctions applicable in the event of non-observance of certain labour law provisions;

(iii)  strengthen existing partnerships (with the CPS, Ministry of Public Affairs, the gendarmerie and the police) by cooperation with environmental services with regard to the prevention of occupational risks in classified establishments; involve the social partners and administrations concerned in discussions regarding the prevention of occupational risks, in particular within the Technical Advisory Committee; launch awareness campaigns on specific subjects, using appropriate information media, including on activities which have already been undertaken, in order to achieve a cumulative effect;

(iv)  increase efficiency and speed by using the most powerful computer tools, to develop an information exchange network, standardizing all procedures and carrying out real-time follow-up to inspection visits.

The Committee welcomes the relevance of the means which have been defined in relation to the objectives pursued and their appropriateness with regard to the requirements of the Convention. It would be grateful if the Government would continue to provide information on any progress made or any obstacle encountered and to ensure that annual inspection reports, which are regularly communicated to the Office under Article 20, contain the information required on each of the matters covered by Article 21.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. Safety of professional divers employed in pearl farms. Referring to its previous observation on the recruitment and training rules of underwater divers employed in pearl farms, and recalling in this regard the recommendations of the ILO Governing Body following the examination of the representation made by the World Federation of Trade Unions (WFTU) during its 265th session held in March 1996, the Committee notes with satisfaction Decision No. 2000-130 APF of 26 October 2000 on professional divers, which specifies the special measures for the protection of workers operating in a hyperbaric environment and the organization of their professional training. In this regard, the Committee notes in particular that, according to section 4(6), line 4 of the text, labour inspectors or labour monitoring officers may impose, by virtue of a formal demand, heads of undertakings or their representatives to carry out in part or in full the monitoring of technical diving rules by the competent authorities. The decision/resolution contains provisions on the minimum age to admission to training (16 years); employment of underwater divers and maximum age (40 years); compulsory continuous training; equivalence between diplomas and work categories; medical control; professional equipment and their maintenance. The Committee notes however the appeal lodged by the representative of the State before the administrative tribunal so as to annul a few provisions of this decision which are not in conformity with the general principles of labour law. The Committee would be grateful if the Government could communicate detailed information on the subject of the appeal, and if this is not possible, the decision of the administrative tribunal.

2. Human and material resources available for labour inspection. The Committee further notes that in respect of its previous observation concerning insufficient operating funds, investment and inspection personnel, the State has taken specific measures so as to provide the necessary funds to labour inspection, and to ensure the beginning of the first round of recruitment. The Committee expresses the hope that the Government continues to provide information on the evolution of the labour inspection system as to human and material resources in light of the provisions set forth in Articles 3, 9, 10, 11, 12, 16, 17 and 18 of the Convention, as well as information on the results of inspection visits carried out on pearl farms.

3. Occupational accidents and diseases. The Committee notes the preoccupying situation described in the annual inspection report for 2000, regarding health and safety. It notes in particular the increasing numbers of fatal occupational accidents not only in the professional diving activity but also in the sectors of construction, and public works. In this connection, the Government has indicated that the labour inspection services are deploying efforts in collaboration with the social partners under the umbrella of the technical consultative committee so as to oversee the improvement of work conditions in the aforementioned sectors. The Committee would therefore be grateful if the Government would supply information on the issues dealt with by this body as well as on the follow up on the views put forward.

The Committee further notes that no established system for registering and notifying occupational diseases has been set in place, and that it is the duty of each salaried worker to declare to the Social Security Fund (CPS) the onset of an occupational disease which he/she believes has contracted by providing a medical certificate. The Government pointed out that ten declarations have been registered, and indicated that the technical consultative committee has expressed its views at its meeting held on 9 January 2001, in support of extending the application of the table on professional diseases to French Polynesia. The Committee would be grateful if the Government would indicate the respective roles of the doctor at work, and the doctor inspector specialized in the field, and to supply information on the follow up on the advice of the technical consultative committee as well as copies of any relevant texts.

4. Contents and publication of the annual inspection report. The Committee hopes that the next annual reports will contain information on each of the points under Article 21, and which will be published as provided for by Article 20.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's reports for 1997 and 1999, as well as the reports on the activities of the labour inspection for 1996 and 1997. It observes that the Government's reports do not contain the information requested in its previous observation and that the annual report for 1998 has not been sent.

Monitoring of safety conditions in work on pearl farms. According to the representation made in 1994 under article 24 of the Constitution by the World Federation of Trade Unions, the regulations on training, certification and safety rules adopted by the French Polynesian authorities in 1987 and applicable to underwater divers working in pearl farms, were inadequate, deficient and discriminatory. They might even be to blame for a large number of permanent disabilities and deaths among divers. The Committee requests the Government to report on progress achieved in the revision of regulations relative to professional diving, which should, in the Committee's view, aim to raise the level of protection for professional divers, while taking account of the economic and socio-cultural reality in the territory.

With reference to its earlier observation regarding the inspection of pearl-producing enterprises, the Committee notes that for 1996 and 1997 the total number of criminal proceedings initiated by the national police force was not registered. It again requests the Government to take the steps necessary to ensure that complete information is submitted on all infringements noted in pearl-producing enterprises and on the legal action engaged and the penalties imposed as well as on all action undertaken to give effect to the recommendations' of the Committee responsible for examining the representation mentioned above regarding the application of Articles 3, 12 and 13 of the Convention, in activities where professional divers are employed.

Insufficient means of the labour inspection in view of its numerous duties. The annual reports show that the duties for which the inspection services are responsible are beyond their capacities in view of their human, material and financial means. Articles 10 and 11 of the Convention describe the means needed to ensure the discharge of their principal functions, which are in turn set forth in Article 3 in conformity with the stipulations of Articles 12 and 16. In this connection, the Committee notes with interest that since 1 January 1999 the labour inspection service no longer oversees the Social Security Fund. It hopes that this reduction of duties, together with substantial financial and human inputs, will permit a better application of the legislation regarding safety and health in high risk sectors (building, public works, professional diving), with a view to preventing accidents and reaffirming the credibility of the inspection services, undermined by the neglect suffered by islands other than Tahiti and Moorea, on account of their far-flung position and the high cost of transport. The Government has already stated that the essential difficulty in the application of the Convention arises from insufficient operating funds, investment and inspection personnel. In the opinion of the director of the inspectorate in the 1997 annual report, without the urgent input of adequate operating funds, the solution would be to transport the inspection services to the metropolitan Ministry of Labour, as is the case for inspection services for the overseas departments and territories of Mayotte and St. Pierre and Miquelon. They would, in his view, profit from better operating conditions, as well as all the technical aids available on the metropolitan territory. The Committee noted, in this connection, that on 24 February 1999, the Council of State cancelled the decision criticized by the French Democratic Confederation of Labour (CFDT) in comments submitted to the ILO in October 1998. Under this decision, the territorial authorities had established a labour service under the authority of the Polynesian Government, containing territorial public officials. The Committee would be grateful if the Government would supply information on the lessons learned from the adoption and cancellation of this decision, and the consequences thereof on the current composition and operation of the labour inspection services.

Training of labour inspectors working in the territory. The 1997 annual report reveals serious failings in this field. Inspectors never receive initial training, unlike their counterparts in posts in metropolitan territory, but receive only "on-the-job" training; moreover, the sequences of training provided for other members of the personnel is no longer available since the closure, in 1991, of the Territorial School of Administration. Important needs are expressed for both minimum periodic training, and for inspectors to return by rote for training on metropolitan territory. In its last report, the Government does not mention these shortcomings, since the information it supplies regarding the application of Articles 6 and 7 of the Convention only concerns labour inspectors. The Committee would be grateful if the Government would provide details on recruitment levels, training and the conditions of service of labour inspectors, as well as on the authority they hold.

Statistics on occupational diseases. The Committee notes the absence of data on cases of occupational diseases, the lack of education of workers regarding the procedures to follow and the scant enthusiasm of the medical corps to assist the workers in this regard. In paragraph 86 of its 1985 General Survey on labour inspection, the Committee stressed that the notification of occupational diseases was not an end in itself but part of the more general aim of accident prevention; that its purpose was to enable the labour inspectors to conduct investigations in the undertaking to establish the causes of work accidents and occupational diseases and to have steps taken to avoid their recurrence. Recalling its 1996 general observation on the application of Article 14 of the Convention, the Committee hopes that the Government will take measures with a view to ensuring the necessary coordination between the central authorities responsible for health and labour inspection so as to establish an appropriate system for the registering and notification of occupational diseases.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Article 3 of the Convention. The Committee notes the Government's indication that individual labour dispute settlement, monitoring and proposing the necessary changes in regulations account for a large part of the labour inspectorate's activities, to the detriment of their general duties to enforce labour regulations. The Committee asks the Government to indicate the measures taken or envisaged to remedy this problem.

Article 6. The Committee notes the Government's indication that most labour inspectors are subject to the rules of private labour contract law. As the Committee pointed out in its 1985 General Survey, the preparatory work on the Convention shows that the status of public servants was given to inspectorate personnel because it seemed the most appropriate to ensuring that they have the necessary independence and impartiality to carry out their duties. The Committee asks the Government to indicate the measures taken or envisaged to give effect to this Article.

Articles 7 and 11. The Committee notes that the Government's report contains no information on its previous comments on these Articles. It again asks the Government to indicate the measures taken or envisaged to remedy the difficulties in the training of inspectors and funding, which affect the proper running of the service.

Article 9. The Committee notes the Government's indication that the association of technical experts and specialists with the inspectorate provided for in this Article does not exist. It asks the Government to provide detailed information on the measures taken or envisaged to give effect to this Article, stating the extent to which the personnel responsible for inspection visits includes duly qualified technical experts and specialists in the specializations referred to in this Article or related specializations.

Articles 3, 10, 11 and 16. Referring to its observation on the Convention, the Committee notes the Government's indication in its report to the effect that the number of labour inspectors and the material means available to them are inadequate, and that the inspection of remote workplaces cannot be properly conducted owing to a lack of funds for transport. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that establishments are inspected as often and as thoroughly as is necessary to ensure the application of the relevant legal provisions.

Articles 20 and 21. The Committee notes that the Government's report contains no information in reply to its previous comments. It also notes that the Government has not sent an annual report on labour inspectorate activities for the period in question. It reminds the Government of the utmost importance of publishing annual inspection reports and transmitting them to the Office within the prescribed time-limit. It hopes that in future the Government will transmit these reports to the ILO within the time-limits prescribed by Article 20, and that they will contain all the information required by Article 21.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that, at its 265th Session (March 1996), the Governing Body adopted the report of the Committee set up to examine the representation made by the World Federation of Trade Unions (WFTU) under article 24 of the ILO Constitution, alleging non-observance by France of the Labour Inspection Convention, 1947 (No. 81), and the Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82). The allegations referred to the content and application of regulations on the training, certification and safety rules (diving schedules) applying to underwater divers working on pearl farms, adopted by the authorities of French Polynesia in 1987. In its representation, the WFTU considered, in view of the number of deaths and permanent disabilities among such divers, that the regulations were inadequate and deficient. Furthermore, they were discriminatory in that they barred divers trained in Polynesia from access to employment in companies governed by the regulations of metropolitan France.

In accordance with the recommendations set out in the above report, the Government is asked to take the necessary measures to ensure that the provisions of Articles 3, 12 and 13 of the Convention are effectively applied in activities in which professional divers are employed, and particularly that the labour inspectorate of the territory of French Polynesia has the human, material and technical resources to carry out the necessary inspection visits, and to continue to provide labour inspectorate data on occupational accidents involving professional divers. It is also asked, in accordance with these recommendations, to provide detailed information, particularly on the adoption of the laws and regulations to which it has referred and on inspection visits to enterprises employing professional divers, the observations and reports that the visits give rise to, the nature of infringements noted and accidents that have occurred in these enterprises.

The Committee hopes that the Government will supply information on the measures taken to give effect to the recommendations.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that at its 261st Session (November 1994) the Governing Body set up a tripartite committee to examine a representation submitted by the World Federation of Trade Unions (WFTU) under article 24 of the Constitution alleging the non-observance by France of Conventions Nos. 81 and 82.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Article 6 of the Convention. The Committee notes the statement in the annual inspection report for 1992 that section 1 of Decree No.740/TLS of 24 May 1983 is in apparent contradiction with this provision of the Convention. Please provide further particulars on the difficulties encountered as regards the status and conditions of service of the inspection staff and the measures taken or envisaged in this respect.

Articles 7 and 11. The Committee notes the information provided in the Government's report and in the annual report of the inspection service that there are difficulties in training inspectors and financial inadequacies affecting the proper functioning of the service which the Government should take measures to remedy. Please indicate steps taken or proposed in this regard.

Article 14. The Committee notes the Government's statement that an amendment to the new Labour Code is being drafted to provide for the labour inspectorate to be notified of industrial accidents and cases of occupational disease, even though in practice the inspectorate continues to be notified normally. The Committee hopes the necessary steps will be taken and that the Government will indicate all developments in this regard.

Article 3, paragraph 2, and Articles 10, 11 and 16. The Committee notes the information that the Government will soon be taking measures to remedy the problem of shortage of inspectors, which, when coupled with their duties regarding mediation of individual and collective labour disputes and a considerable number of other additional duties, as indicated in the 1992 annual inspection report, did not permit as many inspection visits as desirable. The Committee recalls that additional duties entrusted to inspectors should not interfere with the effective discharge of their primary duties (Article 3, paragraph 2). In the light of the specific shortcomings and recommendation contained in the annual inspection report, please provide full details of measures taken or envisaged to ensure that the fundamental requirement laid down in Article 16 is fulfilled.

Articles 20 and 21. The Committee notes with interest the annual report on the activities of the labour inspection service for 1992. Please indicate whether this report is published as required by Article 20 bearing in mind paragraph 277 of its 1985 General Survey on Labour Inspection. Please include in future reports statistics of workplaces liable to inspection, inspection visits, violations and penalties imposed, industrial accidents and occupational diseases (Article 21(c),(d),(e),(f) and (g)).