Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Madagascar (Ratification: 1971)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

The Committee notes the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE) and of the General Confederation of Workers’ Unions of Madagascar (FISEMA), received on 1 September 2022.

Article 2 of Convention No. 81 and Article 4 of Convention No. 129. Labour inspection activities in export processing zones (EPZ). The Committee notes the Government’s information that Decree No. 2018-900 amends and supplements certain provisions of Decree No. 2014-1822 of 4 December 2014, setting forth the reform of the regulations of the Economic Development Board of Madagascar (EDBM). The Committee also notes that the new section 13bis of Decree No. 2018-900 provides for the establishment of the Interministerial Technical Committee, which is mandated at the request of the Governing Board and/or the General Management of EDBM, to carry out monitoring and ensure follow-up in the enterprises in EPZ on the compliance of their activities with the texts in force. In addition, the Committee notes the Government’s indication that, in practice, the activities of the labour inspectorate in EPZs encompass, in particular, the inspection of EPZs and relevant enterprises for authorization granted by the Interministerial Technical Committee. The Committee requests the Government to provide detailed information on the inspection and follow-up activities carried out by the Interministerial Technical Committee. It also requests the Government to provide more information on the activities of the labour inspectorate in the EPZs, by sending detailed statistics on both the inspections conducted and their results, and on the follow-up given to inspections in these zones (infringements identified, formal notices issued, and so forth).

Articles 5(a), 21(c) and 23 of Convention No. 81 and Articles 12(1) and 27(c) Convention No. 129. Inter-institutional cooperation for the exchange of information with a view to the preparation of a register of workplaces. Further to its previous comment, the Committee notes the efforts made by the Government as part of the inter-institutional cooperation for the exchange of information with a view to the preparation of a register of workplaces, including through: (i) the organization of workshops to promote cooperation among the EDBM, the National Social Security Fund (CNaPS), the Ministry of Economy and Finance and the Ministry of Justice; (ii) the signing of an agreement on 2 June 2021 between the General Directorate of Taxation, the National Institute of Statistics, the EDBM, the Ministry of Justice and the CNaPS with a view to digitalizing the process of establishment, modification and dissolution of enterprises, and the implementation of unique user identification for enterprises; (iii) the cooperation of the ministries, including the Ministry of Agriculture, with the General Directorate of Finance and General Affairs to ensure the communication of a list of National Public Workplaces before 31 January 2022. The Committee also notes that the regional services of the General Directorate for Employment Promotion draw up annual reports on their activities, containing a list of registered enterprises with periodic information on the workforce situation, workplaces registered at the regional level and the number of workers recruited. In addition, the data base of the CNaPS contains statistical information on the number of workplaces disaggregated by activity sectors and the number of workers. The Committee requests the Government to pursue its efforts to establish a data base on the workplaces subject to inspections and the number of workers occupied in these workplaces, including in the agricultural sector. It also requests the Government to communicate these statistics and to ensure that this information is included in the annual labour inspection report in future.

Articles 5(a), 15(a), 17 and 18 of Convention No. 81 and Articles 12(1), 20(a), 22 and 24 of Convention No. 129. Cooperation with the justice system, legal proceedings and penalties. Prohibition from having any direct or indirect interest in the undertaking liable to inspection. The Committee notes the observations of FISEMARE that there are shortcomings in the working methods of the labour inspectorate and the administrative court, leading to a considerable delay in the administrative processing of inspection cases, hence with a gap between the decision and the imposition of penalties. In addition, FISEMARE reports that some labour inspectors encounter difficulties in enforcing and applying the law, particularly with respect to minimum wages and the participation of enterprises in the CNaPS. Lastly, the Committee notes that FISEMARE refers to problems related to the independence of labour inspectors. The Committee requests the Government to provide information on the effective application of the penalties imposed by the labour inspectorate, including detailed information on the number and nature of penalties imposed, covering the amounts of the fines imposed and collected, once enforcement proceedings have been opened and decisions issued. The Committee also requests the Government to provide information disaggregated by year on the number of complaints received against labour inspectors, specifying the grounds of the complaint, the number of inquiries effectively launched and their outcome.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between officials of the labour inspectorate and employers and workers or their organizations. Further to its previous comment, the Committee notes the information provided by the Government on the activities of the National Labour Council for 2021-2022. It also notes that the collaboration between officials of the labour inspectorate and employers and workers or their organizations takes place during: (a) the preparation of the internal enterprise rules, which must be submitted to workers’ representatives for their opinion in order to obtain authorization from the labour inspectorate; (b) inspections, through the interview between labour inspectors and representatives of the workers’ and the employer; (c) inspections, during which labour inspectors provide technical advice to employers and workers on the most effective means of complying with the legal provisions in force, and ensure that close cooperation is maintained among the three parties; and (d) the settlement of labour disputes. The Committee requests the Government to continue to provide information on the collaboration between officials of the labour inspectorate and employers and workers or their organizations, and to indicate whether this collaboration also takes place through the National Labour Council and the regional tripartite labour council.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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) together.

The Committee notes the observations of the General Confederation of Workers' Unions of Madagascar (FISEMA) and the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE), received on 1 September 2022.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties of labour inspectors. Further to its previous comment, the Committee notes the Government’s indication that labour inspectors are making efforts to discharge duties other than their primary duties. The Committee notes the observations of FISEMA in this regard that the predominance of mediation and conciliation activities within the labour inspection services is to the detriment of inspections in enterprise, thereby giving employers more power to act as they wish in matters of industrial relations and occupational safety and health standards. The Committee recalls that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties entrusted to labour inspectors, including conciliation, should not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee once again requests the Government to take the necessary steps without delay to ensure that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, duties other than primary duties assigned to inspectors do not interfere with the performance of the latter. It also requests the Government to provide detailed information on the time and resources dedicated to conciliation and mediation activities carried out by the labour inspectors, by percentage of total time and resources that inspectors dedicate to the discharge of their primary duties.

Articles 6, 10 and 11 of Convention No. 81 and Articles 8, 14 and 15 of Convention No. 129. Status and conditions of service of labour inspectors and controllers. Resources at the disposal of the labour inspectorate. Further to its previous comment, the Committee notes that the Government indicates that the protocol agreement signed on 10 April 2015 between the Ministry of Economy and Finance and the Autonomous Trade Union of Labour Inspectors (SAIT) providing for a compensation award in connection with the duties of labour inspectors has no legal scope because the decree issuing the regulations on compensation has not been adopted. While noting the Government’s indication that the draft review of the General Civil Service Regulations has been delayed because of the priority given to the fight against COVID-19, the Committee notes with regret that no information has been provided on the adoption of special regulations for labour inspectors and controllers as part of this review. The Government also indicates that it is endeavouring to maintain dialogue with the labour inspectors’ union and that efforts are being made to improve their conditions of service by increasing the material resources available to them, in particular through the provision of work vehicles for the regional labour directorates, computer equipment and the construction of administrative buildings for use as offices. The Committee notes that the staff numbers in the labour inspectorate have risen from 128 labour inspectors in 2017 to 189 inspectors and 193 controllers on duty in 2021, and that four regional departments are now equipped with work vehicles, namely Analamanga, Atsinanana, Diana and Upper Matsiatra. In this regard, the Committee notes the observations of FISEMA that the labour inspection services in industry and trade still suffer from insufficient human and material resources, which affects their effectiveness. In addition, despite announcements by successive governments to establish a labour inspection system in the agricultural sector, no specific information or draft text has been received by the trade union organizations, while fundamental rights, social protection, freedom of association and equality of treatment and remuneration of agricultural workers are not fully guaranteed, as the majority of them work in the informal economy. Recalling that Article 6 of Convention No. 81 and Article 8 of Convention No. 129 provide that inspection staff shall be composed of public officials whose status and conditions of service assure them stability of employment and make them independent of changes of government and of improper external influences, the Committee urges the Government to take the necessary measures, without delay, including the adoption of staff regulations specifically for labour inspectors and controllers in the context of the draft review of the General Civil Service Regulations. The Committee also requests the Government to continue to intensify its efforts to increase the resources at the disposal of labour inspectors and to provide information on the specific measures taken in this respect, including for inspection in the agricultural sector. It also requests the Government to continue to provide information on the number of labour inspectors, resources and means of transport assigned to the labour inspection services.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training for labour inspectors. Further to its previous comment, the Committee notes the Government’s indication that the General Labour Directorate has undertaken to organize training to strengthen the capacities of labour inspectors to ensure that inspection activities reach all current branches of activity. In this context, the introduction of a subject on inspection in the agricultural sector for labour inspectors in training at the National School of Administration of Madagascar (ENAM) is especially necessary. The Committee notes that under Order No. 10989/2021 on the opening of a direct competition and a vocational competition, the number of inspectors in training at ENAM has been doubled (from 25 to 50) to cover all activity sectors, including the agricultural sector. It also notes the subjects and the programme of the direct competition and the vocational competition, in the annex to the above-mentioned Order but notes, however, that the Government has not provided any information on further training of labour inspectors. The Committee therefore once again requests the Government to take the necessary measures to ensure further training for labour inspectors, and to provide information on the duration of the training, the number of participants and the subjects covered. It also requests the Government to intensify its efforts to provide labour inspectors with specialized agricultural training.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Submission of periodic reports to the central inspection authority. Preparation, publication and transmission of the annual inspection report. Further to its previous comment, the Committee notes the Government’s indication that the results of labour inspection activities and inspection reports are submitted periodically (quarterly and annually) to the central inspection authorities. The Committee notes the observations of FISEMA that the production of activity reports is still lacking, despite their previous observations in this respect. The Committee urges the Government to take all necessary measures to ensure the preparation and publication of an annual report on the work of the labour inspection services, in accordance with Article 20 of Convention No. 81 and Articles 25 and 26 of Convention No. 129, and to take the necessary steps to ensure that these reports contain information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide an overview of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), in a single comment.

The Committee notes that the Government’s report due in 2021 has not been received.

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), sent with the Government’s report in 2017.

Articles 2, 5(a), 21(c) and 23 of Convention No. 81 and Articles 4, 12(1) and 27(c) of Convention No. 129. Labour inspection activities in export processing zones and inter-institutional cooperation for the exchange of information with a view to the preparation of a register of workplaces. Further to its previous comments, the Committee notes the information previously provided by the Government on the cooperation launched by the Ministry of the Civil Service, Administrative Reform, Labour and Social Legislation (MFPRATLS) with the different institutions holding relevant data on enterprises established in the territory of Madagascar and in the export processing zones (EPZs), particularly the Ministry of Finance and Budgets, the Economic Development Board of Madagascar and the National Social Security Fund (CNaPS). However, the Government indicates that it is not in a position to establish a register of workplaces, including in the agricultural sector, because of the large number of registered enterprises, the disparity of their locations and the information needed on the number of workers employed, as well as the lack of financial resources to conduct surveys on the ground. SEKRIMA hopes that the Government will take the necessary measures to promote inter-institutional cooperation with the above-mentioned bodies, including the CNaPS, with which many workers are not registered, in order to establish and update a register of workplaces and monitor the conformity of the situation of workers. While noting the difficulties indicated by the Government, the Committee requests the Government to pursue its efforts to promote inter-institutional cooperation with the above-mentioned bodies in order to establish and update a register of workplaces, including in the agricultural sector.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties of labour inspectors. Further to its previous comments, the Committee notes the information previously provided by the Government to the effect that the labour inspectorate is not in a position to devote itself fully to inspection duties on the ground. The Government points out that, in the context of Madagascar, conciliation and mediation are important for preserving social peace and that it is seeking to increase the numbers of labour inspection staff so that inspectors can perform both primary duties and those considered to be secondary. In this regard, the Committee notes SEKRIMA’s assertion that the labour inspection services should be reinforced so that they can be relieved both in law and practice of the duties assigned to them in the areas of mediation and conciliation, so as to be able to devote themselves fully to the performance of primary duties. The Committee requests the Government to take the necessary steps to ensure that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, duties other than primary duties assigned to inspectors do not interfere with the performance of the latter, and to provide information on all progress made in this regard.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between officials of the labour inspectorate and employers and workers or their organizations. Further to its previous comments, the Committee notes the Government’s previous indication that reviving the National Labour Council and its various structures is one of its priorities. In this regard, the Committee notes that Decree No. 2017-843 of 19 September 2017 establishing a National Labour Council and tripartite regional labour councils has been adopted. The Committee requests the Government to provide more detailed information on the measures taken to promote collaboration between labour inspection officials and employers and workers and their organizations, including collaboration in practice within the National Labour Council and the tripartite regional labour councils.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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) together.

The Committee notes that the Government’s report due in 2021 has not been received.

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), communicated with the Government’s report in 2017. It also notes the observations of the Autonomous Trade Union of Labour Inspectors (SAIT), received on 9 March 2021.

Articles 6, 10 and 11 of Convention No. 81 and Articles 8, 14 and 15 of Convention No. 129. Status and conditions of service of labour inspectors and controllers. Resources at the disposal of the labour inspectorate. Further to its previous comments, the Committee notes the information previously provided by the Government on the difficulties faced in fully meeting the needs of labour inspection, especially in view of the regular socio-economic crises, the size of the territory in which inspection has to operate and the dilapidated state of the roads. The Government also indicates that, following the general strike led by SAIT in March 2015 and pending the adoption of the labour inspection staff regulations, a memorandum of understanding between the Ministry of Finance and Budgets and the chairperson of SAIT was signed, providing for the grant of an allowance for labour inspectors. In this regard, the Committee notes with concern the observations of SAIT, according to which this allowance has never been paid and the labour inspection staff regulations have still not been adopted, resulting in a general strike of labour inspectors from 12 November 2020. SAIT also highlights the need to establish a labour inspection system with adequate human and material resources at its disposal, including appropriately equipped work premises, transport facilities and reimbursement of occupational travel costs. Recalling that Article 6 of Convention No. 81 and Article 8 of Convention No. 129 provide that inspection staff shall be composed of public officials whose status and conditions of service assure them stability of employment and make them independent of changes of government and of improper external influences, the Committee urges the Government to take the necessary measures in this regard, which includes adopting staff regulations specifically for labour inspectors and controllers. The Committee also requests the Government to take the necessary steps to increase resources at the disposal of labour inspectors and to provide information on the specific measures taken in this respect. The Committee further requests the Government to provide information on the number of labour inspectors, resources and means of transport, and/or budgets available to cover travel costs for the labour inspection services.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training for labour inspectors. Further to its previous comments, the Committee notes the information sent previously by the Government on initial training for labour inspectors given at the National School of Administration of Madagascar (ENAM) and on the need for reform of the system to enable specialization in other recent branches of activity, particularly in agriculture. SEKRIMA refers to the Government’s indication of the need to include a specialization in agriculture in the training programme for labour inspectors and hopes that this will constitute a starting point for improving conditions of work for agricultural workers. The Committee requests the Government to continue providing information on the training given to new labour inspectors, particularly the efforts made to provide labour inspectors with specialized training in agriculture. The Committee also requests the Government to provide information on further training for labour inspectors, indicating the duration of the training, the number of participants and the subjects covered.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Submission of periodic reports to the central inspection authority. Preparation, publication and transmission of the annual inspection report. The Committee requests the Government to take all necessary measures to ensure the preparation and publication of an annual report on the work of the labour inspection services, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, and to take the necessary measures to ensure that these reports contain information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee also requests the Government to provide information on the submission to the central inspection authority of periodical reports on the results of the activities of labour inspectors, in accordance with Article 19 of Convention No. 81 and Article 25 of Convention No. 129.

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

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

The Committee notes the observations of the Autonomous Trade Union of Labour Inspectors (SAIT), received on 29 January 2015, and of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015. In this regard, it also refers to its comments under the Labour Inspection Convention, 1947 (No. 81).

Application of the Convention. Establishment of a system of labour inspection in agriculture. Training of inspectors. The Committee notes that, in its report, the Government expresses its willingness to examine in depth how to give effect to the Convention. The Government indicates that it has started to collect statistics from the Department concerned on the number and geographical distribution of agricultural enterprises and the number of workers employed in them, as well as other relevant information, such as the texts in force in the sector and the different materials and machinery used. It also notes the observations by SEKRIMA indicating that it is paradoxical that the country is unable to define its policy on labour inspection in the agricultural sector, and that the adoption of texts in conformity with the Convention must be a priority. With regard to training, the Committee notes the Government’s indication that, in order to introduce a training module on labour inspection in agricultural enterprises in the training programme for student-labour inspectors at the National School of Administration (ENAM), qualified trainers in this area are required, and that they are currently lacking. Moreover, the labour inspectors currently in service also need to update their skills in this area. The Committee notes the willingness expressed by the Government to receive technical assistance from the Office for the training of those providing training to labour inspectors in the field of inspection in agriculture. It also notes that, according to SEKRIMA, the training programme at the agricultural training centre must without delay incorporate a section on the application of the Convention. The Committee hopes that the Office will provide the technical assistance requested by the Government. Meanwhile, it asks the Government to provide all relevant information available on the specific situation of the labour inspection services in agricultural enterprises, including the number of inspectors in this sector, resources, structure, material resources and transport facilities available. The Committee also requests the Government to provide information on cooperation with other competent public bodies, with a view to establishing a national register or local registers of agricultural enterprises, including enterprises in export processing zones, and on the results obtained.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

The Committee takes note of the comments made by the Autonomous Trade Union of Labour Inspectors (SAIT) in a communication dated 26 August 2011. The Committee requests the Government to provide its comments in this respect.

The Committee notes with regret that the Government has not replied to the Committee’s previous comments, merely reiterating the content of its reply to the observation under the Labour Inspection Convention, 1947 (No. 81). It acknowledges however that the application of the Convention is encountering difficulties and attributes these to the lack of specific training on labour inspection in agriculture in the training programme for labour inspectors at the National School of Administration (ENAM). The Committee refers in this respect to the Government’s report sent to the ILO in 2009, in which it stated its intention to include a course specialized in this area in the training programme of this school. The Government had added that contacts had been made with those responsible in the ministry concerned but that work had been suspended because of the country’s political crisis. The Committee notes once again the Government’s good intention to ensure respect for the provisions of the Convention, accompanied by a request for assistance from the Office for this purpose.

The Committee therefore invites the Government to formalize its request for technical assistance by providing the Office with all the relevant information at its disposal concerning the actual situation of labour inspection in agricultural enterprises, its resources, structure, logistical means, and available transport means and facilities. The Committee also asks the Government to provide information on the number of inspectors assigned to duties in the agricultural enterprises and on the nature of these duties, on the capacities of the labour inspectorate to establish, in collaboration with other competent public administration bodies, a national register or local registers of agricultural enterprises, including free zone enterprises. Finally, the Government is asked to send the most recent available data on the number and geographical distribution of agricultural enterprises, as well as on the number of workers engaged in these enterprises.

Referring to the comment of the SAIT in which it indicates that it is fully prepared to assume its share of responsibility in efforts to attain the Decent Work Agenda, the Committee would be grateful if the Government would provide information on the measures taken to begin, with the support of the social partners, the necessary procedures for gradually establishing a labour inspection system in agriculture.

The Committee finally asks the Government to provide information on the steps taken with the Ministry responsible for ENAM to introduce a training module on labour inspection in agricultural enterprises in the training programmes for student-inspectors.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee takes note of the comments made by the Autonomous Trade Union of Labour Inspectors (SAIT) in a communication dated 26 August 2011. The Committee requests the Government to communicate any observation it deems appropriate in relation to these comments.

The Committee notes with regret that the Government has not replied to the Committee’s previous comments, merely reiterating the content of its reply to the observation under the Labour Inspection Convention, 1947 (No. 81). It acknowledges however that the application of the Convention is encountering difficulties and attributes these to the lack of specific training on labour inspection in agriculture in the training programme for labour inspectors at the National School of Administration (ENAM). The Committee refers in this respect to the Government’s report sent to the ILO in 2009, in which it stated its intention to include a course specialized in this area in the training programme of this school. The Government had added that contacts had been made with those responsible in the ministry concerned but that work had been suspended because of the country’s political crisis. The Committee notes once again the Government’s good intention to ensure respect for the provisions of the Convention, accompanied by a request for assistance from the Office for this purpose.

The Committee therefore invites the Government to formalize its request for technical assistance by providing the Office with all the relevant information at its disposal concerning the actual situation of labour inspection in agricultural enterprises, its resources, structure, logistical means, and available transport means and facilities. The Committee also asks the Government to provide information on the number of inspectors assigned to duties in the agricultural enterprises and on the nature of these duties, on the capacities of the labour inspectorate to establish, in collaboration with other competent public administration bodies, a national register or local registers of agricultural enterprises, including free zone enterprises. Finally, the Government is asked to send the most recent available data on the number and geographical distribution of agricultural enterprises, as well as on the number of workers engaged in these enterprises.

Referring to the comment of the SAIT in which it indicates that it is fully prepared to assume its share of responsibility in efforts to attain the Decent Work Agenda, the Committee would be grateful if the Government would provide in its next report information on the measures taken to begin, with the support of the social partners, the necessary procedures for gradually establishing a labour inspection system in agriculture.

The Committee finally asks the Government to provide information on the steps taken with the Ministry responsible for ENAM to introduce a training module on labour inspection in agricultural enterprises in the training programmes for student-inspectors.

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

Also referring to its observation, the Committee draws the Government’s attention to the following points.

Article 6(2) of the Convention. Prerogatives for labour inspectors regarding the living conditions of agricultural workers and their families. Further to its previous comments on this point, in the absence of concrete information, the Committee once again requests the Government to report on the progress made in extending the advisory or enforcement functions of labour inspectors in agriculture regarding the living conditions of agricultural workers and their families, in accordance with this Article of the Convention.

Articles 9(3) and Article 11. Training for labour inspectors in specific aspects of agricultural work and association of qualified technical experts. The Committee notes the Government’s indication that although it maintains its intention to include a course on labour inspection in agriculture in the training programme of the National School of Administration (ENAM) for labour inspectors, the preparation is suspended due to the political crisis in the country. It also notes the absence of the requested information on measures taken or envisaged to ensure the association of qualified technical experts to help solve problems demanding specific knowledge. The Committee stresses once again the need, according to Article 9(3), of specific training of labour inspectors aimed at enabling them to perform their duties in the agricultural enterprises and requests the Government to take appropriate steps to this end and to keep the Office informed of any progress made.

The Committee is also bound to once again request the Government to indicate any measures taken to associate qualified technical experts on agriculture in labour inspection activities in this sector, or to keep the ILO informed of any difficulty encountered in this regard.

Article 15. Resources needed for labour inspection in agriculture. In the absence of a reply on this point, the Committee repeats its previous request to provide information on the progress made in reinforcing the material resources necessary for labour inspection in agriculture, particularly transport facilities.

Articles 25–27. Periodic and annual reports on the activities of labour inspectors. The Committee notes a copy of the inspection report form which includes a dedicated section on inspection in agriculture. It also notes the limited statistical information provided by the Government concerning workplaces liable to inspection, inspection visits, violations and penalties imposed, industrial accidents and occupational diseases. However, the Committee observes that such information does not provide a coherent picture of the results of labour inspection activities, which should be done through the annual report as described in Articles 26 and 27. The Committee therefore asks the Government to take the necessary steps aimed at ensuring the systematic collection by the central labour inspection authority of all relevant information requested by Article 27 on the labour inspection in agriculture and the publication of an annual report. The Committee draws the Government’s attention to the guidance provided in Part IV of Recommendation No. 81 on labour inspection, 1947, as to the manner in which such information could be disaggregated to provide a comprehensive reflection of the work of the labour inspection system, its strengths and gaps.

Labour inspection and child labour. The Committee notes the information provided by the Government concerning the situation of child labour in the country and the efforts deployed to combat the phenomena. The Committee would appreciate receiving information on measures taken or envisaged to establish and implement effective cooperation with labour inspectors in the framework of the action against child labour, making use of, for example, their local presence which would help reach more children in remote areas.

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

The Committee notes the Government’s report received on 5 November 2009. It draws the Government’s attention to its observation under the Labour Inspection Convention, 1947 (No. 81), in which it refers to the comments of the Autonomous Trade Union of Labour Inspectors (SAIT), received by the ILO on 2 February 2010 and sent to the Government on 5 April 2010. These comments, accompanied by supporting documents, mainly concern the worsening conditions of service and work of labour inspectors and controllers and the action taken by the Government against a number of labour inspectors and controllers in response to their participation in industrial action aimed at obtaining conditions of service and work in line with the provisions of the two ratified international Conventions on labour inspection. Given that the comments of the SAIT concern matters affecting all labour inspectors and controllers, including those performing their duties in agricultural enterprises, the Committee urges the Government to provide information in its next report in reply to the points raised in its observation under Convention No. 81 concerning the application of the provisions of Articles 8 and 15 of this Convention.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee refers to its observation and its comments on the application of Convention No. 81 and would be grateful if the Government would provide further information on the following points.

1. Article 6, paragraph 2, of the Convention. Prerogatives for labour inspectors regarding the living conditions of agricultural workers and their families. Noting that the Government plans to extend labour inspectors’ supervisory duties in this area, the Committee hopes that it will soon be in a position to report progress and provide information on any developments in this respect.

2. Article 9, paragraph 3. Training for labour inspectors in specific aspects of agricultural work. The Committee notes that the Government has again stated its intention of including a course on labour inspection in agriculture in the training programme of the National School of Administration (ENAM). It adds that the training could begin at the start of the 2008 academic year. The Committee requests the Government to provide information on all training activities that specifically target the work of labour inspectors in agriculture, both in ENAM or elsewhere (seminars, workshops, etc.), specifying in particular the duration of the training, the number of participants and the subjects covered (child labour, prevention of occupational risks, occupational safety and health, etc.).

3. Article 11. Collaboration with qualified technical experts. Since at present there are no inspectors specialized in agriculture, the Committee again points out that it would be useful for labour inspectors to be able to cooperate with duly qualified technical experts, as envisaged in Article 11 of the Convention, for the purpose of preventing and controlling occupational risks specific to agriculture such as those involved in the handling and use of chemicals and agricultural machinery. It again requests the Government to indicate whether measures have been taken to this end and, if so, to give details of how such collaboration takes place.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s report and the information replying to its previous comments.

1. Articles 22, 23 and 24 of the Convention. Awareness-raising among magistrates regarding the prosecution of offenders. In its previous comments, the Committee noted with interest that a provision had been inserted in the Labour Code requiring the State Prosecutor to submit the labour inspectors’ report directly to the judge within one month. It expressed the hope that this progress in the legislation would be accompanied by measures to make the judiciary more aware of the value of treating cases relating to the protection of workers with the necessary seriousness and of making appropriate decisions in each case on the basis of the degree of gravity of the circumstances. The Committee refers the Government to its 2006 General Survey on labour inspection, in which it pointed out that the effectiveness of the sanctions available to the labour inspectorate depends to a large extent on the way in which the judicial authorities deal with the case files referred to them by, or on the recommendation of, the labour inspectors, and notes with satisfaction that the Labour Directorate and magistrates in charge of social matters now attend quarterly work sessions on interpreting and applying the Labour Code, the aim being to prevent labour inspectors’ reports of offences from being shelved.

2. Article 15. Resources needed for labour inspection in agriculture. The Committee notes from the information sent by the Government that, despite economic difficulties, funds have been found to build new premises for labour inspectors and to repair and refurbish others. It further indicates that the interregional directorates have been given vehicles and that their budgets provide for the purchase of fuel. The Committee requests the Government to continue to provide information on the material resources, and particularly transport facilities, available to labour inspectors for the performance of their duties, bearing in mind the distance they have to travel as agricultural undertakings are widely dispersed.

3. Articles 25, 26 and 27. Periodic and annual reports on the activities of labour inspectors. The Committee notes with interest that inspection visit forms have been designed and sent to outside offices in order to collect information on the activities of the labour inspection services and prepare the reports required by the abovementioned Articles of the Convention. It notes the Government’s indication that the annual report is not yet available. The Government nonetheless provides data on the agricultural undertakings liable to inspection and the visits for the province of Antananarivo (first half of 2007). The Committee stresses how useful such reports are in assessing the working of the labour inspectorate and determining the resources needed to improve it by making the necessary budgetary provisions. It reminds the Government that the publishing and sending of an annual report is an obligation, the purpose of which is to elicit the views of the social partners in the country and any proposals they may have for improvement of the operation of the system, and also, at international level, to enable the ILO supervisory bodies to ascertain the extent to which the Convention is applied in law and in practice and to offer relevant guidance. The Committee requests the Government to send with its next report a copy of the standard inspection visit form for agricultural undertakings and, as soon as it is prepared and published, a copy of the annual report on the activities carried out by the labour inspection services in agriculture. It hopes that information on the impact of the quarterly work sessions will be reflected, in the report, in statistics on judicial decisions penalizing the offences reported by labour inspectors.

4. Labour inspection and child labour. The Committee notes from the information in the Government’s report on the application of the Minimum Age Convention, 1973 (No. 138), that the most recent statistics available on child labour are from 1999 but that according to the first estimates of a national survey on child labour conducted by the National Statistics Institute with cooperation from the ILO/IPEC programme, the proportion of children in work has risen from 1 in 7 to 1 in 3. The final results of the survey should be available in early 2008. In its report on the application of the present Convention, the Government specifies that labour inspectors have already been trained to combat child labour but that they are having difficulty in carrying out controls in remote agricultural undertakings. However, according to the Government, with the recent establishment of regional observatories on child labour (ORTEs) and the launching of an institutional support programme, in the process of being approved by the ILO, it should be possible to build the capacity of labour inspectors and the local authorities to further the combating of child labour. The Committee notes that in 1999 child labour in rural areas reached very worrying proportions: 22 per cent in the 6 to 9 age group and 36 per cent in the 10 to 14 age group. It accordingly hopes that, under the abovementioned programme, a special effort will be made for children working in agricultural undertakings. In view of the limited resources of the inspectorate and the difficulty of getting to remote farms, the Committee strongly encourages the Government to promote effective cooperation between the labour inspection services and other players involved in combating child labour (Articles 12 and 13 of the Convention, and Paragraphs 1 and 2(d) of Labour Inspection (Agriculture) Recommendation, 1969 (No. 133)), particularly the social partners, the relevant local authorities and public institutions, and schools. The Committee would be grateful if the Government would keep the Office duly informed of any measures implemented or envisaged to these ends and to continue to provide information on the activities carried out by labour inspectors to combat child labour in the agricultural sector in particular, and on the results thereof.

The Committee is addressing a request concerning other matters directly to the Government.

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

Referring also to its observation and noting the announcement in the new Labour Code of several regulatory texts for its application, the Committee requests the Government to keep the ILO informed of the state of progress of the decree concerning the other aspects of supervisory powers of labour inspectors laid down in section 239 as well as on the other texts provided in sections 55, 63, 75, 93, 100, 135 and 245.

Article 17. The Committee requests the Government to indicate in what manner effect is given or envisaged to this provision under which labour inspection services in agriculture shall be associated in the preventive control of new plant, new substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety.

Article 19. The Committee requests the Government to supply detailed information on the procedure for notifying occupational accidents and cases of occupational disease occurring in the agricultural sector, and to indicate in particular whether labour inspectors are informed of them and in what way and, finally, to provide clarification on the follow-up given by the labour inspection service to such information. The Government is requested to supply copies of all relevant legal texts and administrative documents.

Article 20(c) of the Convention. The Committee requests the Government to take measures to ensure that full effect in law is given to this important provision under which inspectors should not only treat as confidential the source of any complaint concerning a defect, a danger in working processes, or a breach of legal provisions (section 236 of the Labour Code), but shall also abstain from giving any intimation to the employer or his representative that an inspection visit was made in consequence of the receipt of a complaint. The Committee trusts that the information on such measures, the aim of which is to guarantee the existence of suitable conditions for the establishment of an atmosphere of trust between workers and the labour inspection service and greater effectiveness of investigations, will be communicated to the ILO in the near future.

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

The Committee notes the Government’s report received on 8 June 2005 along with the attached documents. It also notes the new Labour Code adopted on 10 June 2004.

With reference to its previous comments concerning various deficiencies in the agriculture inspection system, the Committee notes with satisfaction the provisions of the new Labour Code which improve substantially the level of compliance of national legislation with the Convention.

1. Article 1, paragraph 1, and Articles 4, 9, paragraph 3, and 11 of the Convention. Scope of the labour inspection service and qualifications of labour inspectors performing in agricultural enterprises. Section 1 of the new Code indicates that it is applicable to all employers, irrespective of their nationality, status or sector of activity, and to all workers whose labour contract, whatever its form, is executed in Madagascar. By amending section 1 of the former Code by making a reference to the employer’s nationality, the new Code raises the principle of its applicability to employers and workers in free export enterprises and zones, including agricultural enterprises having this status; the Government indicates that there is only one such which conducts a fruit and vegetable exporting business. The Committee welcomes this legislative progress and notes with interest that the specific training that will be provided shortly by the National Administration School for labour inspectors assigned to the agricultural sector will include technical supervision methods in the sector, relevant international safety and health standards, the prevention of occupational disease and accidents and the employment of women and adolescents, in addition to other unspecified subjects.

The Committee trusts that the Government will supply in its next report information on the measures actually implemented for adapting training of labour inspectors to the specific working and living conditions of workers and their families living in agricultural enterprises, particularly in plantations and the agriculture sector free enterprise area.

The Committee recalls the obligation under Article 11 of the Convention that the necessary measures shall be taken to ensure that duly qualified technical experts and specialists who might help to solve problems demanding technical knowledge, are associated in the work of labour inspection in agriculture The Committee would be grateful if the Government would take such measures and supply information on any progress made in this direction, particularly in establishing technical controls on the safety and health of agricultural workers and members of their families exposed to hazards linked to the use of chemical products, complex plant and machines or contact with potentially dangerous animals or plants.

2. Article 15. Financial resources necessary for the operation of the labour inspection service in the agricultural sector. The Committee notes with satisfaction the provisions of section 235 of the new Labour Code which requires the competent authorities to provide labour inspectors, from the state budget, with premises that are equipped and accessible to the public concerned, transport facilities and reimbursement of any travelling and incidental expenses necessary for the performance of their duties. While accessibility to local inspection offices is a prerequisite for spontaneous collaboration between workers and employers, the mobility of supervisory staff is a prerequisite for labour inspection, and is even more crucial in agricultural undertakings which are by their nature far from urban centres and, in addition, often spread through vast regions lacking public transport facilities. It is therefore particularly important that adequate financial resources are allocated to make available resources and transport facilities through written decisions in the state budgetary forecasts. That should contribute to better planning and conducting of inspection activities. The Committee hopes that the Government will indicate in its next report the manner in which effect has been given, in law and in practice, during recent budget exercises, to the aforementioned section of the Labour Code.

3. Article 6, paragraph 2, and Article 16.  Inspectors’ powers of inspection. The Committee notes with satisfaction section 238 of the new Labour Code which gives effect to its previous requests that legal provisions concerning investigatory powers of labour inspectors should be supplemented to ensure greater conformity with the provisions of paragraph 1(c)(i), (ii) and (iii) of this Article of the Convention. The Committee notes, however, that there are no legal provisions ensuring that inspectors have enforcement functions relating to conditions of life of workers and their families. It hopes that measures will be taken to this effect, in particular in plantations and in free agricultural enterprises where workers and their families may be accommodated, and that pertinent information will be communication to the ILO.

4. Articles 22, 23 and 24. Repression of violations to the legal provisions enforceable by labour inspectors. The Committee notes with particular interest the provision introduced by section 239 of the new Labour Code, providing an obligation for the State Prosecutor to submit directly to the judge within one month the labour inspectors’ report. This provision corrects the general trend for magistrates to shelve the court records of violations submitted to the court and thus to nullify labour inspection activities attempting to enlist the judicial authorities to persuade employers to comply more fully with legislation on labour conditions and the protection of workers in the exercise of their occupation. By instituting effective and diligent cooperation of the judicial authorities for the purpose of ensuring compliance with the objectives of the inspection, the legislator indicates a real will to reinforce the inspection services’ role. The Committee trusts that this legislative progress will be accompanied by measures intended to make the judiciary more aware of the value of treating questions linked to protection of workers with the necessary seriousness and of making appropriate decisions in each case on the basis of the degree of gravity of the circumstances.

5. Articles 25, 26 and 27. Reports on the activities of labour inspectors. The Committee notes that no annual inspection report covering agricultural undertakings has been received by the ILO since ratification of the Convention. It notes, however, that the Government has implemented measures intended to improve collection of relevant information from external services. The Committee emphasizes that such reports can be prepared only if the labour inspectors supply to the central inspection authority the periodic reports referred to in Article 25 on their activities in agriculture. It hopes that the measures mentioned by the Government include the preparation by the central authority of inspection forms for this purpose. The Committee also hopes that an annual inspection report containing as far as possible the information required under each of points (a) to (g) of Article 27 will shortly be communicated regularly to the ILO.

6. Inspection of child labour. According to the Government, the ILO/IPEC program against child labour is in process of identifying intervention zones and the target population in regard to the agricultural sector. The Government also announced in its report on the Minimum Age Convention, 1973 (No. 138) an institutional strengthening for this purpose, without specifying whether this affected the labour inspection system which, nevertheless, under section 234 of the new Labour Code, is responsible for supervision of this matter. Referring to its 1999 general observation under the Convention, the Committee urges the Government to envisage implementing measures involving active participation of labour inspectors in the identification and repression of violations of legislation on work of children and young persons in agricultural enterprises where, according to ILO statistics, this issue is particularly important.

The Committee is addressing a request on other matters directly to the Government.

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

1. Labour inspection activities in agricultural enterprises and annual report. With reference to its observation on the Labour Inspection Convention, 1947 (No. 81), which covers industry and commerce, the Committee takes due note that the Government is not in a position to provide activity reports on labour inspection in the agricultural sector covering periods that have long since elapsed. It would nonetheless point out in this connection the importance of providing such reports in future in one of the forms prescribed by of Article 26, paragraph 1, of the Convention within the time limits prescribed by paragraph 2 of the same Article. It would further draw the Government’s attention to the fact that the central authority is required to publish the annual report and that there is a purpose to proper discharge of this obligation. The first object of publication is to make the report available to employers and workers and their representative organizations so that they have an opportunity to express their views on the working of the inspection system and make proposals for its improvement in order both to protect the workers and to enhance the productivity of enterprises. Noting with interest that a subregional seminar on the representativeness of employers’ and workers’ organizations was organized in September 2004 by the Office, the Committee hopes that as an outcome of the seminar labour relations in the agricultural sector will, as anticipated, develop along these lines.

2. Human resources; specific skills and logistical resources of labour inspectors responsible for supervising agricultural enterprises. The Committee also notes with interest that a number of inspectors working in agricultural areas participated in the one day course on labour inspection, organized jointly in September 2004 by the Office and the Ministry of Labour. It nonetheless notes from information available at the Office, that financial and logistics problems together with shortcomings in the legislation, already a serious obstacle to labour inspection in the industrial and commercial sectors, have even more worrying repercussions on supervision of working conditions and hence on the social, economic and health situation of workers in the agricultural sector.

The Committee notes that, in reply to its previous comments, the Government indicates that the courses needed to qualify as a labour inspector in the agricultural sector should shortly be provided at the Ecole nationale de la magistrature, and that the agricultural sector is open to free enterprises in certain parts of the country for the cultivation of grains and horticultural products. The Committee would be grateful if the Government would provide the following information in its next report: (i) the number of inspectors covered by the abovementioned training and their geographical distribution; (ii) the type and nature of the training; (iii) the number and the activities of the abovementioned free enterprises; (iv) the categories and numbers of the workers employed therein. Please also provide copies of any special legal provisions governing working conditions in free enterprises in the agricultural sector including wages, hours of work, safety and health, and any arrangements for the accommodation of workers and their families and the schooling of their children. Please send copies of legal provisions on supervision of the application of such legislation.

The Committee also requests the Government to provide all available information on labour inspection in agricultural enterprises in general, with reference to the matters raised in the observation on Convention No. 81.

3. Combating child labour in agricultural enterprises. The Committee would be grateful if the Government would provide information on the role assigned to, and actually assumed by, labour inspectors in the implementation of the ILO/IPEC programme to combat unlawful child labour in the agricultural sector, and on infringements reported and any administrative or legal action taken on them.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its observation of 2000, the Committee would be grateful if the Government would provide regularly the information available on the measures taken to improve the skills of labour inspectors in relation to the supervision of child labour.

The Committee also once again requests the Government to indicate the training formula adopted in the context of technical assistance for inspectors in agriculture, between specialization within the National Administration School of Madagascar (ENAM) or abroad, by granting a fellowship.

The Committee notes the information to the effect that the draft revision of the 1995 Labour Code incorporates fully the provisions of Article 12 of the Convention concerning the powers of labour inspectors. It hopes that the new text will be adopted and that the Government will supply a copy to the ILO immediately.

Finally, the Committee trusts that the annual inspection reports for 1995, 1996 and 1997 will shortly be supplied, as announced by the Government, and that in future such reports will be published and communicated to the ILO within the time limits laid down in Article 26.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments, which read as follows:

With reference to its observation of 2000, the Committee would be grateful if the Government would provide regularly the information available on the measures taken to improve the skills of labour inspectors in relation to the supervision of child labour.

The Committee also once again requests the Government to indicate the training formula adopted in the context of technical assistance for inspectors in agriculture, between specialization within the National Administration School of Madagascar (ENAM) or abroad, by granting a fellowship.

The Committee notes the information to the effect that the draft revision of the 1995 Labour Code incorporates fully the provisions of Article 12 of the Convention concerning the powers of labour inspectors. It hopes that the new text will be adopted and that the Government will supply a copy to the ILO immediately.

Finally, the Committee trusts that the annual inspection reports for 1995, 1996 and 1997 will shortly be supplied, as announced by the Government, and that in future such reports will be published and communicated to the ILO within the time limits laid down in Article 26.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Referring also to its observation under the Convention, the Committee notes the information to the effect that the draft revision of the 1995 Labour Code incorporates fully the provisions of Article 12 of the Convention concerning the powers of labour inspectors. It hopes that the new text will be adopted and that the Government will supply a copy to the ILO immediately.

Finally, the Committee trusts that the annual inspection reports for 1995, 1996 and 1997 will shortly be supplied, as announced by the Government, and that in future such reports will be published and communicated to the ILO within the time limits laid down in Article 26.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with satisfaction the information supplied by the Government in relation to its 1999 general observation on the subject of actions undertaken to organize and strengthen the activities of the labour inspection with a view to combating child labour. A survey carried out in the framework of the ILO/IPEC project has shown that child labour is as extensive in the rural areas as in urban areas and that labour inspectors working throughout the country received training in May 2000 with a view to enhancing their competence in monitoring child labour. The Committee notes that this training ought to have made them aware of the damaging effects of child labour and enabled them to define activities to carry out with a view to improving the supervision and the elimination of child labour. It would be grateful if the Government would regularly supply information on the matter, indicating progress made and the difficulties encountered by the labour inspectors in performing this task.

The Committee also notes with interest the information supplied by the Government on the manner in which effect is given to Article 9(2), of the Convention which shows that, even though the inspection system has a field of general competence, the need has been felt to provide special qualifications for inspectors intended to work in the agricultural sector. Noting also that it is envisaged in the draft revision of labour legislation to make inspection supervision applicable both to conditions of work and to living conditions in the agriculture sector, the Committee would be grateful if the Government would indicate the training formula adopted in the framework of technical assistance for inspectors in agriculture, between specialization within the National Administration School of Madagascar (ENAM) or abroad, by granting a fellowship.

The Committee is addressing a request concerning other points directly to the Government.

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

The Committee notes the Government's report for the period ending 1 September 1998, received at the ILO after the Committee's 1998 session, where comments were addressed to the Government on the information supplied by it in its report for the period ending 30 September 1996.

Noting the Government's indication that the information supplied in the report regarding the application of Convention No. 81 applies mutatis mutandis to the present Convention, the Committee requests the Government to supply the information specific to the agriculture sector called for in its direct request of 1998 as follows:

The Committee notes the Government's report for the period ending 30 September 1996 and the information supplied in reply to its previous comments. The Committee requests the Government to provide additional information on the application of the following provisions of the Convention.

Article 9, paragraph 2, of the Convention. Noting from the information contained in the Government's report that the training of ten new inspectors should be nearing completion, and noting the information according to which, during the period covered by the report, training of labour inspectors in agriculture was not envisaged, the Committee would be grateful if the Government would indicate any measures taken since then to give effect to this provision or, if no such measures have been taken, to contemplate taking such measures in the near future and to inform the ILO of any progress in this regard.

Article 16. With reference to its previous comments in relation to this Convention and Convention No. 81 concerning the freedom of labour inspectors to enter workplaces, the Committee notes with interest that the provisions of section 133(3) of the Labour Code give effect to subparagraphs (a) and (b) of this Article of the Convention and, in a partial manner, to subparagraph (c). The Committee also notes that section 134(1) of the Code reiterates the provisions of section 110(2) of the old Code concerning the powers of investigation of labour inspectors, and notes that the inspectors are not always provided with the powers set out under points (i), (ii) and (iii) of this provision. Considering that the absence of specific legal provisions in this regard is detrimental to the effective carrying out of labour inspection tasks, the Committee hopes that the Government will soon be able, possibly through the implementing Decree announced in section 134 of the Code or other legislation or regulations, to ensure respect for these provisions of the Convention.

Articles 26 and 27. With reference also to its comments on the application of Article 20 of Convention No. 81, the Committee notes with regret that the annual inspection reports for the years 1995, 1996 and 1997 have still not been communicated to the ILO. The Committee requests the Government to provide clarification on the manner in which effect is given to Article 26, paragraph 2, which provides that annual reports shall be published within a reasonable time after the end of the year to which they relate, and at any event take the necessary measures to ensure that in future copies of annual reports containing the information required by Article 27, subparagraphs (a) to (g), are communicated regularly to the ILO.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report for the period ending 30 September 1996 and the information supplied in reply to its previous comments. The Committee requests the Government to provide additional information on the application of the following provisions of the Convention.

Article 9, paragraph 2, of the Convention. Noting from the information contained in the Government's report that the training of ten new inspectors should be nearing completion, and noting the information according to which, during the period covered by the report, training of labour inspectors in agriculture was not envisaged, the Committee would be grateful if the Government would indicate any measures taken since then to give effect to this provision or, if no such measures have been taken, to contemplate taking such measures in the near future and to inform the ILO of any progress in this regard.

Article 16. With reference to its previous comments in relation to this Convention and Convention No. 81 concerning the freedom of labour inspectors to enter workplaces, the Committee notes with interest that the provisions of section 133(3) of the Labour Code give effect to subparagraphs (a) and (b) of this Article of the Convention and, in a partial manner, to subparagraph (c). The Committee also notes that section 134(1) of the Code reiterates the provisions of section 110(2) of the old Code concerning the powers of investigation of labour inspectors, and notes that the inspectors are not always provided with the powers set out under points (i), (ii) and (iii) of this provision. Considering that the absence of specific legal provisions in this regard is detrimental to the effective carrying out of labour inspection tasks, the Committee hopes that the Government will soon be able, possibly through the implementing Decree announced in section 134 of the Code or other legislation or regulations, to ensure respect for these provisions of the Convention.

Articles 26 and 27. With reference also to its comments on the application of Article 20 of Convention No. 81, the Committee notes with regret that the annual inspection reports for the years 1995, 1996 and 1997 have still not been communicated to the ILO. The Committee requests the Government to provide clarification on the manner in which effect is given to Article 26, paragraph 2, which provides that annual reports shall be published within a reasonable time after the end of the year to which they relate, and at any event take the necessary measures to ensure that in future copies of annual reports containing the information required by Article 27, subparagraphs (a) to (g), are communicated regularly to the ILO.

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

Article 18, paragraph 4, of the Convention. The Committee notes the information provided in answer to its previous comments. It would be grateful if the Government would indicate the provisions of the Labour Code and the Decree defining the status of labour inspectors which explicitly require inspectors to make known to workers' representatives the defects noted on the occasion of a visit to an undertaking, as well as the measures ordered pursuant to paragraph 2 of this Article of the Convention. The Committee recalls the Government had earlier referred to filling the legislative gaps by adopting express provisions in this regard. Please give full details.

Articles 14, 15, 21, 26 and 27. Further to its previous comments, the Committee notes the information that the inspection services are entrusted with inspecting all sectors of activities including agricultural undertakings but that it was the shortage of staff and material means that hinder its proper functioning and report preparation in accordance with the requirements of the Convention. The Committee refers to its comments made under Articles 10, 11, 16, 20 and 21 of Convention No. 81 and hopes the Government will be able to take the necessary measures.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 18, paragraph 4, of the Convention. Further to its previous comments, the Committee notes from the Government's report that the promised legislation or regulations to establish the obligation to make known to workers' representatives the defects noted on the occasion of a visit to an undertaking, as well as the measures ordered pursuant to paragraph 2 of this Article of the Convention, have not been adopted. The Committee urges the Government to fill these legislative gaps as soon as possible and provide the text of the legislation or regulations as soon as they are adopted.

Articles 26 and 27. Further to its earlier comments, the Committee notes from the single annual inspection report for 1990 that it was primarily commercial, light industry and building and public works' undertakings that were inspected. It hopes the annual reports will in future provide information on agricultural undertakings that were inspected, including statistics on agricultural workplaces liable to inspection and on the number of workers employed therein (Article 27(c)), and statistics of occupational diseases (Article 27(g)). The Committee trusts future annual inspection reports will be published and transmitted within the time-limits required in Article 26 and contain all particulars listed in Article 27, in particular points (c) and (g).

Articles 8, 14, 15 and 21 and Article 16. The Committee refers to its comments under Articles 6, 10, 11 and 16 and Article 12 of Convention No. 81.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 18, paragraph 4, of the Convention. The Committee recalls the Government's statement that it will not fail to fill the existing gaps by measures to make express provision, through legislation or regulations, for the obligation to make known to workers' representatives the defects noted on the occasion of a visit to an undertaking as well as the measures ordered pursuant to paragraph 2 of this Article of the Convention. The Committee requests the Government to provide the text of the above legislation or regulations as soon as they are adopted.

Articles 26 and 27. In reply to the Committee's previous comments, the Government refers to the information contained in the report concerning the application of the Labour Inspection Convention, 1947 (No. 81). According to that report, the information called for under Article 21 of Convention No. 81 (Article 27 of Convention No. 129) is contained in the 1986 activities report of the Department of Labour. However, since this report has not been communicated to the ILO, the Committee hopes that the Government will submit it shortly, and that in the future annual inspection reports containing full particulars of the activities of the inspection services, including the statistical data called for under Article 27, will be published and communicated to the ILO within the time limits established in Article 26.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 18, paragraph 4, of the Convention. The Committee recalls the Government's statement that it will not fail to fill the existing gaps by measures to make express provision, through legislation or regulations, for the obligation to make known to workers' representatives the defects noted on the occasion of a visit to an undertaking as well as the measures ordered pursuant to paragraph 2 of this Article of the Convention. The Committee requests the Government to provide the text of the above legislation or regulations as soon as they are adopted.

Articles 26 and 27. In reply to the Committee's previous comments, the Government refers to the information contained in the report concerning the application of the Labour Inspection Convention, 1947 (No. 81). According to that report, the information called for under Article 21 of Convention No. 81 (Article 27 of Convention No. 129) is contained in the 1986 activities report of the Department of Labour. However, since this report has not been communicated to the ILO, the Committee hopes that the Government will submit it shortly, and that in the future annual inspection reports containing full particulars of the activities of the inspection services, including the statistical data called for under Article 27, will be published and communicated to the ILO within the time limits established in Article 26.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 18, paragraph 4, of the Convention. The Committee recalls the Government's statement that it will not fail to fill the existing gaps by measures to make express provision, through legislation or regulations, for the obligation to make known to workers' representatives the defects noted on the occasion of a visit to an undertaking as well as the measures ordered pursuant to paragraph 2 of this Article of the Convention. The Committee requests the Government to provide the text of the above legislation or regulations as soon as they are adopted.

Articles 26 and 27. In reply to the Committee's previous comments, the Government refers to the information contained in the report concerning the application of the Labour Inspection Convention, 1947 (No. 81). According to this report, the information called for under Article 21 of Convention No. 81 (Article 27 of Convention No. 129) are contained in the 1986 activities report of the Department of Labour. However, since this report has not been communicated to the ILO, the Committee hopes that the Government will submit it shortly, and that in the future, annual inspection reports containing full particulars on the activities of the inspection services, including the statistical data called for under Article 27, will be published and communicated to the ILO within the time-limits established in Article 26.