Labour Inspection Convention, 1947 (No. 81) - 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 Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE), received on 31 August 2014, and the Government’s reply to those; and the observations of the Autonomous Trade Union of Labour Inspectors (SAIT), received on 29 January 2015, and the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015.

Articles 2, 5(a), 21(c) and 23 of the Convention. Labour inspection activities in export processing zones and inter-institutional cooperation for the exchange of information aimed at the establishment of a register of workplaces. The Committee recalls that, following the expansion of the Labour Code’s scope to cover export processing zones (EPZs), it asked the Government to provide statistics on labour inspection activities in these zones and their outcome. It also asked the Government to indicate the measures taken to collect information on the number of employers and workers, as well as the enterprises and EPZs, covered by the Labour Code. The Committee notes that SEKRIMA notes the need for statistics on employers and workers, and on the enterprises and EPZs, at a time when the country is reinstating its market into the African Growth and Opportunity Act (AGOA) and is expecting to implement the Millennium Challenge Account (MCA) programme. The SAIT expresses its concern at the effectiveness of labour inspection in relation with the reinstatement of the market into the AGOA, which will involve the reopening of several previously closed enterprises and the creation of thousands of jobs.

In this regard, the Government indicates in its report that 34,475 employers and 567,917 workers are affiliated to the National Social Security Fund (NSSF). The Committee underlines in this respect, as it did in its general observation of 2009, the importance of the availability of a register of workplaces liable to labour inspection, as well as the activities performed and the categories of workers employed therein, for the assessment of the coverage of the labour inspection system to meet its needs, and the need, to this end, to promote effective cooperation with other governmental services and public and private institutions that hold relevant data (for example, tax administration, the chambers of commerce and industry, and the ministries responsible for the sectors covered). The Committee hopes that the Government will take the necessary measures promptly with a view to promoting inter-institutional cooperation with the abovementioned bodies and that such cooperation will serve to establish and update a register of workplaces.

Article 3(2). Other functions of labour inspectors. In its previous comments, the Committee asked the Government to take all the necessary measures, including revising the relevant provisions of the Labour Code, with a view to gradually dissociating the roles of arbitration and conciliation from those of labour inspection, to enable labour inspectors to devote their time more fully to monitoring the enforcement of legal provisions relating to conditions of work and the protection of workers. The Committee notes that SEKRIMA maintains that the number of inspectors will remain insufficient as long as they assume two different roles, that is, enforcing the legislation and conciliating individual and collective labour disputes, and that the employers’ influence over certain inspectors during labour disputes may affect the decision taken. With reference, in this respect, to paragraphs 72–74 of its 2006 General Survey on labour inspection, the Committee considers that the time spent on the function of conciliation or arbitration is often at the expense of the primary duty, as set out in Article 3(1), especially in a setting with limited resources. It also draws the Government’s attention to the guidance in paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81) according to which, “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee encourages the Government to take the necessary measures to ensure that labour inspectors are released, in law and practice, from the duties to which they are assigned in the area of conciliation and arbitration in order that they may devote themselves fully to their primary duties as set out in Article 3(1) of the Convention.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. In its previous comments, the Committee noted that the National Labour Council had resumed its work in 2010, and asked the Government to provide information on the activities of the Council with respect to strengthening the labour inspection system. According to FISEMARE, the Council has not convened since 2012 and, therefore, the Ministry of Public Service, Labour and Social Laws (MFPTLS) acts without any consultation with the employers’ and workers’ organizations. In this regard, the Government indicates that there is currently no collaboration between the inspection services and the National Labour Council. It also indicates that this body has been partially functional despite the crisis, focusing its activities on issues relating to salaries. The Committee requests the Government to take the necessary measures to promote collaboration between officials of the labour inspectorate and employers and workers or their organizations, including through the revitalization of the National Labour Council.

Observation (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 the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015.

Article 6. Status and conditions of service of labour inspectors and controllers. In its previous comments, the Committee asked the Government to undertake an in-depth examination of the transfers of labour inspectors to very remote locations in the month following their participation in industrial action, as referred to by the SAIT in its previous observations, and to take the necessary measures to ensure that the draft Decree on the statute of labour inspectors be adopted and enacted as soon as possible. The Committee notes that the SAIT, in its new observations, maintains that the body of labour inspectors is bound to disappear in the future owing to the attrition rate of staff, as every year five to eight labour inspectors change post or even service. Unlike staff of other services trained in the National School of Administration (ENA), there are no special regulations for labour inspectors providing for compensation to alleviate the problem of their precarious work, or risk allowance, even though labour inspectors are constantly exposed to dangers in the workplaces they monitor. SEKRIMA notes the need for inspectors to have career prospects that value their seniority. The Government indicates that the country is regaining stability and steadily returning to constitutionality following the crisis. In this regard, the Committee notes with interest that, according to the Government, the measures taken in this climate of political instability and the decisions relating to transfers mentioned by the SAIT, which do not contribute to this process, are no longer taken into consideration. The Government also indicates that the SAIT took media action to prompt the State to improve the working conditions of labour inspectors through the promulgation of special regulations for them and that it has begun negotiations with the Government. Lastly, the Government states that it expresses the hope that there will be an improvement of the conditions of service of labour inspectors. The Committee hopes that the Government will take the necessary measures to ensure that the regulations for labour inspectors will be adopted and that the conditions of service of labour inspectors will be improved.

Articles 7, 10 and 11. Training and means of action of labour inspectors and labour controllers. In its previous comments, the Committee asked the Government to provide information on the type, content, duration and frequency of the training provided to labour inspectors, and on the number of inspectors who have benefited from such training. The Committee notes SEKRIMA’s statement that it is necessary to periodically strengthen the capacities of labour inspectors. The Government refers to the urgent need to strengthen the competencies of labour inspectors in the light of the development of the labour market which is increasingly targeted towards the mining, agricultural and technology sectors.

The SAIT also emphasizes the deterioration of the working conditions of labour inspectors: there are two or even three inspectors to one office; the furniture is dilapidated and office material, such as paper, computers and printers, is scant; and that the labour inspectorate does not have any vehicle for visits to workplaces.

While also recognizing the urgent need to equip labour inspection with the material means for the discharge of the duties of inspectors and controllers, the Government expresses the wish to benefit from assistance in order to restore the proper functioning of the labour inspection system. The Committee hopes that the Office will provide the technical assistance requested by the Government so that a needs assessment relating to labour inspection can be carried out, with a view to enabling the effective discharge of the functions of the system of labour inspection.

Articles 19–21. Submission of periodic reports to the central inspection authority, and the preparation, publication and transmission of the annual inspection report. In its previous comments, the Committee noted the difficulties in collecting and routing data from regional offices outside of Analamanga. It requested the Government to provide a copy of one of the periodic reports drawn up by these local offices and to specify how they are compiled and sent to the central authority. The Committee notes that, contrary to the indication in the report, the Government has not provided a copy of these reports. The only information it has provided in relation to the periodic reports is the fact that the competent authority requires labour inspectors to produce the periodic reports and that obstacles remained to the establishment of the reports required under these provisions. The Committee hopes that the Government will take the necessary measures, including through a request for technical assistance, to set up a data collection and compilation system for the preparation by the local inspection offices of periodic reports, and that this will in turn enable the central inspection authority to prepare an annual report in conformity with the relevant provisions of the Convention.

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

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

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.

Repetition

Article 2 of the Convention. Scope of application. Referring to its previous comments, the Committee notes that, following the extension of the Labour Code’s scope to cover export processing zones, the labour inspectorate carried out 13 initial inspections and five follow-up inspections in the export processing zones in the Analamanga region. The Committee would be grateful if the Government could keep the Office informed of labour inspection activities in the export processing zones in future, by providing statistics on both the inspections carried out and their outcome and the follow-up to inspections in these zones (infringements observed, compliance orders issued, etc.).

Referring to its previous comments and its 2009 general observation, the Committee notes that, according to the Government, the number of establishments liable to inspection is not available at the moment because many enterprises have closed during the crisis. The Committee would like the Government to indicate the measures taken to collect and submit to the Office statistical information on the number of employers and workers, as well as the enterprises and export processing zones, covered by the new Labour Code compared to those covered under the previous Labour Code.

Articles 3(2), 11 and 16. Other functions entrusted to labour inspectors and lack of material means. The Committee notes that, according to the Government, it goes without saying that any improvements in labour inspection services are contingent upon their being equipped with adequate material means to carry out the many and complex functions they are called upon to do. In this respect, the Committee points out that labour inspectors have to assume important duties in the settlement of both individual and collective disputes under the legislation. According to section 217, paragraph II, of the Labour Code, if the parties involved in a collective dispute fail to agree upon an arbitrator, the competent labour inspector is appointed as a matter of course to fulfil this role; and section 199 of the Labour Code provides for the mandatory intervention of the labour inspector to try and reach an amicable settlement in an individual dispute between a worker and his employer, before the worker brings an action before the competent court.

The Committee notes that, according to the statistics on the number of individual and collective disputes in which labour inspectors were called upon to act as conciliators in 2010 in the Analamanga region alone, there were 671 files on individual disputes and 26 files on collective disputes in which the labour inspection services were involved, whereas they only carried out 74 inspection visits. The Committee recalls that, according to paragraph 72 of its 2006 General Survey on labour inspection, it is important to avoid overburdening inspectorates with tasks, which by their nature may in certain countries be understood as incompatible with their primary function of enforcing legal provisions. Accordingly, in many countries, the roles of conciliation and enforcement are separated for two reasons. Firstly, because in those countries the nature and role of labour inspection are such that conciliation of labour disputes by labour inspectors unrelated to a breach of the law is not effective; secondly, the time and energy that inspectors spend on seeking solutions to collective labour disputes is often at the expense of their primary duties. As pointed out in paragraph 74 of the General Survey, assigning conciliation and mediation in collective labour disputes to a specialized body or officials enables labour inspectors to carry out their supervisory function more consistently. This should result in better enforcement of the legislation and hence a lower incidence of labour disputes.

The Committee asks the Government to take all the necessary measures, including revising the relevant provisions of the Labour Code, with a view to gradually dissociating the roles of arbitration and conciliation from those of labour inspection, to enable labour inspectors to devote their time more fully to monitoring the enforcement of legal provisions relating to conditions of work and the protection of workers, as stipulated under Article 3(1) of the Convention. It asks the Government to keep the Office informed of any progress made in this respect.

Article 5(b). Cooperation between the inspection services and other institutions. The Committee notes that, according to the Government, the National Labour Council resumed its work in 2010, following the election of its new members. The Committee would like the Government to keep the Office informed of the activities of the National Labour Council with respect to strengthening the labour inspection system.

Article 7. Training of labour inspectors. The Committee notes the explanatory statement contained in the Labour Code, which refers to the establishment of the National Labour Institute as a workers’ education training centre for labour inspectors and controllers. The Committee would be grateful if the Government would provide information on the nature, content, duration and frequency of the training provided to labour inspectors and controllers, as well as on the number of inspectors and controllers who have benefited from this training.

Article 8. Number of women inspectors. In reply to its previous comments, the Committee notes that the Government refers to the introduction of a gender-approach policy into its development strategy to explain the reversal of the statistics on the number of women and men undergoing labour inspection training. The Committee requests the Government to describe the components of the gender-approach policy and to continue providing statistics on developments on the breakdown between women and men labour inspectors. It would be grateful if the Government could indicate whether the same trend exists in other groups of public servants which, according to information provided by the Autonomous Trade Union of Labour Inspectors (SAIT) in 2008, enjoy better working conditions than those of labour inspectors.

Article 12. Investigatory powers of labour inspectors. In reply to its previous comments, the Government states that the activities referred to under section 238 of the Labour Code constitute the normal duties of a labour inspection service despite the lack of means available, which is partly offset by cooperation with the local administrative authorities (which, for example, provide a means of transport or accommodation). The Committee recalls that in its previous comments, it welcomed the adoption of section 238 of the Labour Code which attempted to give statutory effect to Article 12(1)(c)(i), (ii), (iii) and (iv) of the Convention, concerning the investigatory prerogatives of labour inspectors. The Committee requests the Government to provide information and statistical data concerning the implementation of section 238 of the Labour Code during inspection visits (exercise of investigatory powers and results obtained).

Article 13. Powers of injunction of labour inspectors with regard to occupational safety and health. The Committee notes the Government’s reply to the comments made in 2007 and 2010, to the effect that section 240 of the new Labour Code might indeed cause problems concerning the extent and limits of the powers of labour inspectors. However, the Government states that, in practice, labour inspectors do not hesitate to decide that an injunction should be issued in the event of imminent danger to workers. The Committee requests the Government to take the necessary measures to ensure that the extent of the power of injunction of labour inspectors is clearly defined in the Labour Code in conformity with Article 13 of the Convention. Furthermore, it asks the Government to provide statistics on the injunctions issued by the labour inspectors, including in the event of imminent danger.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the Government’s indications that, in the event of an industrial accident and occupational disease, the employer is bound to make a statement to the National Social Security Fund (NSSF), if it belongs to the Fund. According to information provided previously by the Government, the Fund must keep the labour inspectorate informed of any occupational accidents and cases of occupational disease that might have occurred. The Committee notes in this context that under section 1 of Decree No. 69-145 of 8 April 1969 establishing the Social Security Code, any employer engaging one or more persons is bound to affiliate with the NSSF. The Government states that if an employer fails to join the Fund, the worker may lodge a complaint with the labour inspectorate.

The Committee would be grateful if the Government could provide information on the way this system operates in practice if the employer fails to affiliate with the Fund and to indicate the measures that might be taken to ensure that the labour inspectors are informed of the greatest number of industrial accidents and cases of occupational disease possible, with a view to investigating their causes and preventing their recurrence. The Committee would like to draw the Government’s attention to the ILO code of practice on the recording and notification of occupational accidents and diseases which is available at the web page: http://www.ilo.org/safework/info/standards-and-instruments/codes/WCMS_ 107800/lang--en/index.htm.

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

The Committee notes the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE), received on 31 August 2014. The Committee requests the Government to provide its comments in this respect.

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

Articles 6, 7 and 11 of the Convention. Status, conditions of service and work of labour inspectors. Means at the disposal of the labour inspectorate. In its previous comments, the Committee expressed its concern at the situation described not only by the Government but also by the Autonomous Trade Union of Labour Inspectors (SAIT) with respect to the severe lack of material means available to the labour inspectorate in relation to the numerous and complex duties that inspectors are required to carry out. This situation seemed to be exacerbated by a clear lack of consideration on the part of the authorities towards labour inspection staff, resulting in a weakening of the public institution to which they belonged, the role of which was to enforce the labour legislation. Inspectors were therefore discredited in the eyes of the social partners due not only to the severe lack of means available to them, but also, and above all, to their precarious status compared to the status of other public servants with similar qualifications and responsibilities. The Committee also noted that the rare information provided by the Government concerning the operation of the labour inspectorate in practice indicated a clear lack of understanding of the value and socio-economic role of this public institution. Recalling that the independence of labour inspectors from any change of government and from any undue external influence is one of the key principles laid down in the Conventions concerning labour inspections, the Committee noted that the documents provided by the SAIT concerning the dismissal and transfer of labour inspectors to very remote locations in December 2009, which took place in the month following their participation in industrial action, seemed to confirm the SAIT’s opinion that these measures were designed to punish trade union membership or activity.

The Committee notes with regret that the Government’s report merely states that, due to the increase in the number of inspectors who have graduated recently, redeployment measures were taken at the level of the ministry, accompanied by a decision to assign inspectors to the regions, without any consideration of their trade union membership. However, according to the Government, the assignments were suspended because of political instability. The Government adds that the draft Decree concerning the special regulations for senior labour inspectors has yet to be finally adopted and enacted by the competent authorities on account of the present crisis. The Committee notes that, without this Decree, the labour inspectors are at present in a legal vacuum as regards their specific status (given that Decree No. 61-226 establishing a body of labour and social inspectors and establishing the specific status of this body seems to have been repealed by Act No. 2003-11 on the general regulations for civil servants). The Committee recalls that the Higher Council of the Public Service had already approved this draft Decree in 2007 with a view to improving inspectors’ working conditions which, according to the SAIT, are far inferior to those of other bodies of civil servants with comparable qualifications and similar functions, such as civil administrators, tax inspectors, etc., thereby constituting an unjustified discrimination.

In paragraphs 218 and 219 of its 2006 General Survey on labour inspection, the Committee referred to situations in which labour inspectors’ conditions of service were very precarious, and in which mistrustful attitudes as to their integrity, rather than any concern to keep them in the service, appeared to underlie their career management, with labour inspectors being transferred without any consideration for the negative effects on their family and social life. The Committee emphasizes that the competent authority at national level should strive to ensure that labour inspectors are treated with the respect to which their everyday responsibilities entitle them to and with due regard to the social importance of their duties, namely the continued improvement of conditions of work and the protection of workers while engaged in their work and, by the same token, as is now widely recognized, the improvement of the economic performance of the enterprise (2010 general observation). They should legitimately be able to expect career prospects that value their seniority, enthusiasm and commitment, and any unprofessional conduct on their part should be penalized, depending on its severity, in accordance with formal procedures which protect them from arbitrary decisions. As the Committee emphasized in its 2006 General Survey (paragraphs 202 and 204), inspectors cannot act in full independence, as required by their functions, if their service or their career prospects depend on political considerations. It is vital that inspectors’ levels of remuneration and career prospects, as well as the material resources and training put at their disposal, be such that high-quality staff are attracted, retained, and protected from any improper influence.

The Committee once again firmly hopes that the Government will undertake an in-depth examination of the transfers reported by the trade union SAIT. It asks the Government to keep the Office informed of the measures taken in this respect and to indicate whether the Government intends reviewing the decisions to transfer officials in question, which have been suspended for the time being.

The Committee asks the Government to take the necessary measures to ensure that the draft Decree on the status of labour inspectors be adopted and enacted as soon as possible and to keep the Office informed of any progress in this respect.

The Committee strongly encourages the Government to request technical assistance from the Office with a view to restoring the normal functioning of the labour inspection system and identifying donors for this purpose.

Articles 19, 20 and 21. Reporting obligations. Coordination of the submission of periodical reports by a central authority. The Committee notes with regret that the Office has not received a consolidated annual inspection report since 1995, as the statistics contained in the Government’s report only cover the region of Analamanga. The Committee also notes the Government’s indication that there are apparent difficulties in the collection and delivering of data from other regions. Referring to its 2010 general observation, the Committee recalls the importance of collecting and publishing information on labour inspection activities in an annual report, to be able to assess the functioning of the labour inspection system, the identification of priorities and the formulation of appropriate budget estimates based on consultation with the social partners. The Committee requests the Government to provide a copy of a periodical report of the local inspection offices (Article 19) and to indicate the way in which these reports are compiled and submitted to the central authority, with a view to identifying any possible shortcomings in the system of drafting an annual report, in accordance with Articles 20 and 21 of the Convention.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

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

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

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

Article 2 of the Convention. Scope of application. Referring to its previous comments, the Committee notes with interest that, following the extension of the Labour Code’s scope to cover export processing zones, the labour inspectorate carried out 13 initial inspections and five follow-up inspections in the export processing zones in the Analamanga region. The Committee would be grateful if the Government could keep the Office informed of labour inspection activities in the export processing zones in future, by providing statistics on both the inspections carried out and their outcome and the follow-up to inspections in these zones (infringements observed, compliance orders issued, etc.).

Referring to its previous comments and its 2009 general observation, the Committee notes that, according to the Government, the number of establishments liable to inspection is not available at the moment because many enterprises have closed during the crisis. The Committee would like the Government to indicate the measures taken to collect and submit to the Office statistical information on the number of employers and workers, as well as the enterprises and export processing zones, covered by the new Labour Code compared to those covered under the previous Labour Code.

Articles 3(2), 11 and 16. Other functions entrusted to labour inspectors and lack of material means. The Committee notes that, according to the Government, it goes without saying that any improvements in labour inspection services are contingent upon their being equipped with adequate material means to carry out the many and complex functions they are called upon to do. In this respect, the Committee points out that labour inspectors have to assume important duties in the settlement of both individual and collective disputes under the legislation. According to section 217, paragraph II, of the Labour Code, if the parties involved in a collective dispute fail to agree upon an arbitrator, the competent labour inspector is appointed as a matter of course to fulfil this role; and section 199 of the Labour Code provides for the mandatory intervention of the labour inspector to try and reach an amicable settlement in an individual dispute between a worker and his employer, before the worker brings an action before the competent court.

The Committee notes that, according to the statistics on the number of individual and collective disputes in which labour inspectors were called upon to act as conciliators in 2010 in the Analamanga region alone, there were 671 files on individual disputes and 26 files on collective disputes in which the labour inspection services were involved, whereas they only carried out 74 inspection visits. The Committee recalls that, according to paragraph 72 of its 2006 General Survey on labour inspection, it is important to avoid overburdening inspectorates with tasks, which by their nature may in certain countries be understood as incompatible with their primary function of enforcing legal provisions. Accordingly, in many countries, the roles of conciliation and enforcement are separated for two reasons. Firstly, because in those countries the nature and role of labour inspection are such that conciliation of labour disputes by labour inspectors unrelated to a breach of the law is not effective; secondly, the time and energy that inspectors spend on seeking solutions to collective labour disputes is often at the expense of their primary duties. As pointed out in paragraph 74 of the General Survey, assigning conciliation and mediation in collective labour disputes to a specialized body or officials enables labour inspectors to carry out their supervisory function more consistently. This should result in better enforcement of the legislation and hence a lower incidence of labour disputes.

The Committee asks the Government to take all the necessary measures, including revising the relevant provisions of the Labour Code, with a view to gradually dissociating the roles of arbitration and conciliation from those of labour inspection, to enable labour inspectors to devote their time more fully to monitoring the enforcement of legal provisions relating to conditions of work and the protection of workers, as stipulated under Article 3(1) of the Convention. It asks the Government to keep the Office informed of any progress made in this respect.

Article 5(b). Cooperation between the inspection services and other institutions. The Committee notes with interest that, according to the Government, the National Labour Council resumed its work in 2010, following the election of its new members. The Committee would like the Government to keep the Office informed of the activities of the National Labour Council with respect to strengthening the labour inspection system.

Article 7. Training of labour inspectors. The Committee notes the explanatory statement contained in the Labour Code, which refers to the establishment of the National Labour Institute as a workers’ education training centre for labour inspectors and controllers. The Committee would be grateful if the Government would provide information on the nature, content, duration and frequency of the training provided to labour inspectors and controllers, as well as on the number of inspectors and controllers who have benefited from this training.

Article 8. Number of women inspectors. In reply to its previous comments, the Committee notes that the Government refers to the introduction of a gender-approach policy into its development strategy to explain the reversal of the statistics on the number of women and men undergoing labour inspection training. The Committee requests the Government to describe the components of the gender-approach policy and to continue providing statistics on developments on the breakdown between women and men labour inspectors. It would be grateful if the Government could indicate whether the same trend exists in other groups of public servants which, according to information provided by the Autonomous Trade Union of Labour Inspectors (SAIT) in 2008, enjoy better working conditions than those of labour inspectors.

Article 12. Investigatory powers of labour inspectors. In reply to its previous comments, the Government states that the activities referred to under section 238 of the Labour Code constitute the normal duties of a labour inspection service despite the lack of means available, which is partly offset by cooperation with the local administrative authorities (which, for example, provide a means of transport or accommodation). The Committee recalls that in its previous comments, it welcomed the adoption of section 238 of the Labour Code which attempted to give statutory effect to Article 12(1)(c)(i), (ii), (iii) and (iv) of the Convention, concerning the investigatory prerogatives of labour inspectors. The Committee requests the Government to provide information and statistical data concerning the implementation of section 238 of the Labour Code during inspection visits (exercise of investigatory powers and results obtained).

Article 13. Powers of injunction of labour inspectors with regard to occupational safety and health. The Committee notes the Government’s reply to the comments made in 2007 and 2010, to the effect that section 240 of the new Labour Code might indeed cause problems concerning the extent and limits of the powers of labour inspectors. However, the Government states that, in practice, labour inspectors do not hesitate to decide that an injunction should be issued in the event of imminent danger to workers. The Committee requests the Government to take the necessary measures to ensure that the extent of the power of injunction of labour inspectors is clearly defined in the Labour Code in conformity with Article 13 of the Convention. Furthermore, it asks the Government to provide statistics on the injunctions issued by the labour inspectors, including in the event of imminent danger.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the Government’s indications that, in the event of an industrial accident and occupational disease, the employer is bound to make a statement to the National Social Security Fund (NSSF), if it belongs to the Fund. According to information provided previously by the Government, the Fund must keep the labour inspectorate informed of any occupational accidents and cases of occupational disease that might have occurred. The Committee notes in this context that under section 1 of Decree No. 69-145 of 8 April 1969 establishing the Social Security Code, any employer engaging one or more persons is bound to affiliate with the NSSF. The Government states that if an employer fails to join the Fund, the worker may lodge a complaint with the labour inspectorate.

The Committee would be grateful if the Government could provide information on the way this system operates in practice if the employer fails to affiliate with the Fund and to indicate the measures that might be taken to ensure that the labour inspectors are informed of the greatest number of industrial accidents and cases of occupational disease possible, with a view to investigating their causes and preventing their recurrence. The Committee would like to draw the Government’s attention to the ILO code of practice on the recording and notification of occupational accidents and diseases which is available at the web page: http://www.ilo.org/safework/info/standards-and-instruments/codes/WCMS_107800/lang--en/index.htm.

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

The Committee notes the comments of the General Confederation of Workers’ Unions of Madagascar (CGSTM) dated 26 August 2011.

Articles 6, 7 and 11 of the Convention. Status, conditions of service and work of labour inspectors. Means at the disposal of the labour inspectorate. In its previous comments, the Committee expressed its concern at the situation described not only by the Government but also by the Autonomous Trade Union of Labour Inspectors (SAIT) with respect to the severe lack of material means available to the labour inspectorate in relation to the numerous and complex duties that inspectors are required to carry out. This situation seemed to be exacerbated by a clear lack of consideration on the part of the authorities towards labour inspection staff, resulting in a weakening of the public institution to which they belonged, the role of which was to enforce the labour legislation. Inspectors were therefore discredited in the eyes of the social partners due not only to the severe lack of means available to them, but also, and above all, to their precarious status compared to the status of other public servants with similar qualifications and responsibilities. The Committee also noted that the rare information provided by the Government concerning the operation of the labour inspectorate in practice indicated a clear lack of understanding of the value and socio-economic role of this public institution. Recalling that the independence of labour inspectors from any change of government and from any undue external influence is one of the key principles laid down in the Conventions concerning labour inspections, the Committee noted that the documents provided by the SAIT concerning the dismissal and transfer of labour inspectors to very remote locations in December 2009, which took place in the month following their participation in industrial action, seemed to confirm the SAIT’s opinion that these measures were designed to punish trade union membership or activity.

The Committee notes with regret that the Government’s report merely states that, due to the increase in the number of inspectors who have graduated recently, redeployment measures were taken at the level of the ministry, accompanied by a decision to assign inspectors to the regions, without any consideration of their trade union membership. However, according to the Government, the assignments were suspended because of political instability. The Government adds that the draft Decree concerning the special regulations for senior labour inspectors has yet to be finally adopted and enacted by the competent authorities on account of the present crisis. The Committee notes that, without this Decree, the labour inspectors are at present in a legal vacuum as regards their specific status (given that Decree No. 61-226 establishing a body of labour and social inspectors and establishing the specific status of this body seems to have been repealed by Act No. 2003-11 on the general regulations for civil servants). The Committee recalls that the Higher Council of the Public Service had already approved this draft Decree in 2007 with a view to improving inspectors’ working conditions which, according to the SAIT, are far inferior to those of other bodies of civil servants with comparable qualifications and similar functions, such as civil administrators, tax inspectors, etc., thereby constituting an unjustified discrimination. The Committee notes finally that, in its recent comments, the CGSTM confirms that the number of labour inspectors and means at their disposal are inadequate to ensure an efficient job of labour administration and inspection, which might even, in some cases, lead to some inspectors being influenced by employers.

In paragraphs 218 and 219 of its 2006 General Survey on labour inspection, the Committee referred to situations in which labour inspectors’ conditions of service were very precarious, and in which mistrustful attitudes as to their integrity, rather than any concern to keep them in the service, appeared to underlie their career management, with labour inspectors being transferred without any consideration for the negative effects on their family and social life. The Committee emphasizes that the competent authority at national level should strive to ensure that labour inspectors are treated with the respect to which their everyday responsibilities entitle them to and with due regard to the social importance of their duties, namely the continued improvement of conditions of work and the protection of workers while engaged in their work and, by the same token, as is now widely recognized, the improvement of the economic performance of the enterprise (2010 general observation). They should legitimately be able to expect career prospects that value their seniority, enthusiasm and commitment, and any unprofessional conduct on their part should be penalized, depending on its severity, in accordance with formal procedures which protect them from arbitrary decisions. As the Committee emphasized in its 2006 General Survey (paragraphs 202 and 204), inspectors cannot act in full independence, as required by their functions, if their service or their career prospects depend on political considerations. It is vital that inspectors’ levels of remuneration and career prospects, as well as the material resources and training put at their disposal, be such that high-quality staff are attracted, retained, and protected from any improper influence.

The Committee once again firmly hopes that the Government will undertake an in-depth examination of the transfers reported by the trade union SAIT. It asks the Government to keep the Office informed of the measures taken in this respect and to indicate whether the Government intends reviewing the decisions to transfer officials in question, which have been suspended for the time being.

The Committee asks the Government to take the necessary measures to ensure that the draft Decree on the status of labour inspectors be adopted and enacted as soon as possible and to keep the Office informed of any progress in this respect.

The Committee strongly encourages the Government to request technical assistance from the Office with a view to restoring the normal functioning of the labour inspection system and identifying donors for this purpose.

Articles 19, 20 and 21. Reporting obligations. Coordination of the submission of periodical reports by a central authority. The Committee notes with regret that the Office has not received a consolidated annual inspection report since 1995, as the statistics contained in the Government’s report only cover the region of Analamanga. The CGSTM also referred to this reporting failure in its comments. The Committee also notes the Government’s indication that there are apparent difficulties in the collection and delivering of data from other regions. Referring to its 2010 general observation, the Committee recalls the importance of collecting and publishing information on labour inspection activities in an annual report, to be able to assess the functioning of the labour inspection system, the identification of priorities and the formulation of appropriate budget estimates based on consultation with the social partners. The Committee requests the Government to provide a copy of a periodical report of the local inspection offices (Article 19) and to indicate the way in which these reports are compiled and submitted to the central authority, with a view to identifying any possible shortcomings in the system of drafting an annual report, in accordance with Articles 20 and 21 of the Convention.

The Committee is raising other points in a request that it is addressing directly to the Government.

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

Also referring to its observation, the Committee notes the copies of the regulations implementing the new Labour Code. The Committee would appreciate if the Government would keep the Office informed on legislative developments in the relevant fields.

Article 2 of the Convention. Scope of application. The Committee notes the Government’s indication that section 1 of the new Labour Code, setting its scope which covers, among others, employers and workers in export processing enterprises and zones, complements section 5 of Act No. 2007‑037 of 14 January 2008 concerning export processing enterprises and zones. The Committee requests the Government to provide information on the application in practice of these provisions, including statistical information showing the number of employers and workers, enterprises and export processing zones covered by the new Labour Code compared to those covered under the previous Labour Code.

Article 5(b). Collaboration between the labour inspection services and other bodies. The Committee notes the copy of Decree No. 2005-329 instituting the Tripartite National Council (CNT) which provides: in section 4 that the body is composed by representatives of the State and employers’ and workers’ organizations in equal numbers; in section 7 that the Council meets for a regular session twice a year and that it may also meet for an extraordinary session; and in section 12 that the CNT has four Permanent Committees on specific matters: employment and vocational training, labour, social protection and wages. It notes the Government’s indication that the CNT has not met in 2009 due to the political crisis. The Committee hopes that the national situation will soon allow the CNT to convene its session. It requests the Government to keep the Office informed of the relevant developments.

Article 8. Number of female inspectors. The Committee notes the Government’s indication that since 2008, the situation on the number of female labour inspectors was reversed and that currently out of 25 trainees, 16 are female. The Committee would be grateful if the Government would give the reasons of the new situation with regard to the gender balance among labour inspectors, and its impact on the application of the Convention.

Articles 10, 11 and 16. Resources matched to the needs of the labour inspectorate. While noting the statistical information concerning the number of establishments (including both export processing zones and ordinary enterprises) and the number of workers in the region of Analamanga, the Committee wishes to reiterate its view indicated in its last comments that information concerning workplaces liable to inspection and inspection activities conducted therein must be systematically collected and analyzed in order to assess the needs of the labour inspectorate and to identify priority actions. The Committee requests the Government to take measures to this end and to transmit relevant information.

Article 12. Investigatory powers of labour inspectors. The Government is requested to provide information concerning measures taken or envisaged and their results in order to implement strengthened powers of labour inspectors provided for in section 238 of the new Labour Code.

Article 13. Powers of injunction of labour inspectors with regards to occupational safety and health. The Committee notes the Government’s indication that section 240 of the new Labour Code is not applied at the moment. While recalling the Government’s reference to the political instability of the country, the Committee hopes that the Government will be in a position as soon as possible to give effect to the Committee’s previous comments on this point.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes the Government’s indication that the National Social Welfare Fund (CNaPS) provides its services in the field of, among others, workplace accidents and occupational diseases. The Committee requests the Government to provide additional information as to how the CNaPS coordinates with the labour inspectorate in handling cases of accidents and diseases, any relevant instruments establishing such cooperation, sample copies of any forms for this purpose, and any documents describing any difficulties encountered.

Articles 19, 20 and 21. Reporting obligations. The Committee notes the Government’s indication that according to the established reporting schedule, regional labour inspectorates submit their activity reports every six months to the central office so as to prepare an annual report. It also notes the statistical information on labour inspection as of 1 September 2009 and the report of activities for a period from 1 April to 20 June 2009. The Committee requests the Government to transmit on a regular basis a copy of the annual report on the labour inspection service. It would also be grateful if the Government would transmit its analyses of the activity reports submitted and its view on the needs for additional measures to improve the effectiveness of labour inspection services.

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

The Committee notes the Government’s report and the documents attached, received on 5 November 2009. It also notes the comments of the Autonomous Trade Union of Labour Inspectors (SAIT), dated 2 February 2010, concerning the application of this Convention and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). These comments were sent to the Government on 6 April 2010 but it has not provided any information on the points raised.

Articles 6 and 11 of the Convention. Conditions of service and work of labour inspectors. In its previous reports, the Government mentioned the poor conditions of work of labour inspectors and the lack of equipment and transport facilities owing to the meagre budgetary resources allocated to the labour administration, but the Committee noted in its previous observation that section 235 of the Labour Code provides that the competent authorities are obliged to adopt the necessary measures to provide inspectors with local offices which are suitably equipped in accordance with the requirements of the services and accessible to the persons concerned, and with the transport facilities necessary for the performance of their duties where no suitable public transport facilities exist, and are also obliged to make arrangements to ensure that labour inspectors are reimbursed for any travelling and incidental expenses which may be necessary for the discharge of their duties. The Committee further noted that, under the same text, the implementation of these measures is covered by the state budget. It therefore requested the Government to supply any information, together with any relevant legal, administrative, or financial text, or any document describing the measures taken for the purposes referred to in section 235 of the Labour Code and the impact of these measures on the operation of the labour inspectorate in practice.

However, in its report received in November 2009, the Government indicates that the procedure for the submission to the competent authorities of the draft text on the special conditions applicable to labour inspectors has been suspended due to political instability. The Committee understands that this text is designed to improve the conditions of work of inspectors, including travelling and incidental expenses and hours of work. With regard to the lack of means in relation to the labour inspectorate’s operational needs, the Government merely acknowledges that major efforts need to be made and mentions the possibility of the cooperation of other bodies without giving further details. Furthermore, the Government’s indications concerning the distribution of labour inspection staff are extremely contradictory in that it states on the one hand that in general, a labour inspection service operates with two labour inspectors, one controller, a secretary and an office junior, but refers on the other hand to a table in the 2009 biannual activity report which indicates that Antananarivo has a single inspection service operating with 53 inspectors, Antsirabe has a service operating with two inspectors, Toliary has a service operating with three inspectors and other regional services operate with one or two inspectors.

According to the SAIT, the Government has taken no steps to make the slightest improvement to the situation of the labour inspectorate, which it describes as wholly inadequate, with dilapidated infrastructure, furniture and other equipment allocated to the services and extremely precarious living and working conditions of labour inspectors and controllers, which are far removed from the concept of decent work, the promotion of which comes within the remit of the labour inspectorate. The SAIT states that labour inspectors are often required to finance the operational needs of the service using their own funds due to the failings of the administration. This includes the provision of office equipment and the funding of travelling costs incurred when visiting workplaces. Furthermore, the political crisis has apparently triggered an upsurge in action designed by those responsible to hinder the operation of the labour inspection services and harass labour inspectors and controllers.

The union indicates that a trade union demonstration was organized on 27 November 2009 as a sign of protest against the politicization of the labour administration and to stress the urgent need to modernize the labour inspectorate in the face of the crisis. According to the SAIT, in response to this demonstration, in which a large number of labour inspectors and controllers participated, the Labour Minister encouraged labour controllers to rise up against labour inspectors and dismissed several labour inspectors who had participated in the demonstration and who occupied senior posts within the Ministry, while transferring a number of other labour inspectors who had until then been working in the capital to posts several hundred kilometres away, with no regard for the inconvenience caused to their families, in particular to their children of school age, or to their trade union duties and imminent retirement.

The SAIT further indicates that, following the invitation it extended in vain to the Minister to engage in dialogue, it decided to report the situation described above to the Office while confirming the commitment of its members to assume their share of the responsibility for the efforts to implement the ILO’s Decent Work Agenda.

The Committee notes the following documents attached to the union’s comments:

(1)   labour inspectors’ communication dated 27 November 2009;

(2)   three individual service notes ordering national directors to hand over their functions;

(3)   four individual decisions concerning the assignment of labour inspectors, two of whom hold trade union office;

(4)   a copy of Decree No. 2004-841 of 31 August 2004 concerning the conditions governing the assignment and transfer of public servants;

(5)   a copy of Decree No. 2006-432 of 27 June 2006 implementing the system of quotas for recruitment competitions in the public service;

(6)   report on the election of the officers of the trade union of labour inspectors dated 25 April 2007 (which includes the names of the public servants who are the subject of the above individual decisions);

(7)   a document containing extracts from Ordinance No. 60-149 concerning the conditions governing the exercise of trade union rights and the defence of the occupational interests of public service employees and public servants; and

(8)   a copy of the SAIT’s comments to the ILO dated 4 June 2008 concerning the application of the Convention, which were not received, as a result of which the Committee was unable to examine them, in which the SAIT reports the appalling conditions of service and work of labour inspectors which are discriminatory compared to those enjoyed by other public servants with the same qualifications and similar responsibilities.

The Committee expresses deep concern at the situation described not only by the Government but also by the SAIT concerning the severe lack of material means available to the labour inspectorate in relation to the numerous and complex duties that inspectors are required to carry out. Furthermore, this situation seems to be exacerbated by a clear lack of consideration on the part of the authorities towards labour inspection staff and seems to have resulted in a weakening of the public institution of which they form part and the role of which is to enforce the labour legislation. Inspectors are therefore discredited in the eyes of the social partners due not only to the severe lack of means available to them, but also, and above all, to their precarious status compared to the status of other public servants with similar qualifications and responsibilities.

The rare information provided by the Government concerning the operation of the labour inspectorate in practice indicates a clear lack of understanding of the value and socio-economic role of this public institution. The independence of labour inspectors from any change of government and from any undue external influence is one of the key principles laid down in the Conventions concerning labour inspections. The documents provided by the SAIT concerning the dismissal and transfer of labour inspectors to very remote locations in December 2009, which took place in the month following their participation in industrial action by means of an administrative transfer, would seem to confirm the SAIT’s opinion that these measures were designed to punish trade union membership or activity.

The Committee urges the Government to provide detailed information in its next report in reply to the points raised by the SAIT. Furthermore, it requests it to take measures as a matter of urgency to restore normal operations within the labour inspectorate, including ensuring that an investigation using all legal means is carried out to verify the legitimacy of the grounds for the decisions to transfer members of the inspection staff who participated in the industrial action of 27 November 2009 and that any occupational and trade union rights which have been violated are restored.

The Committee also requests the Government to keep the ILO duly informed of the process of adopting the draft text relating to the special conditions applicable to labour inspectors and to provide a copy of the draft or final text, as applicable.

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

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

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

Article 5(b) of the Convention. Collaboration between the labour inspection services and employers’ and workers’ organizations. According to the Government, the Tripartite National Council (CNT) and the tripartite regional councils constitute a forum for close collaboration between the social partners and the labour inspection services. The Committee would be grateful if the Government would supply a copy of Decree No. 2005-329 establishing the CNT and provide detailed information on the frequency and content of the meetings of the Council, together with extracts of reports on its work and of the work of the tripartite regional councils on the subjects covered by the Convention.

Article 6. Status and conditions of service of labour inspection staff. With reference to its repeated previous comments concerning the application of this provision, the Committee notes, according to the information supplied in 2006 and again in 2007, that a draft decree establishing the special conditions of the inspectorate of labour social legislation has already received the approval of the Higher Civil Service Council. It requests the Government to keep the Office informed of the progress made on the above draft decree or to send a copy of it if it has been adopted. If not, it requests the Government once again to provide information on the distribution of labour inspection staff according to their status as public officials or contractual public employees, giving details of their respective conditions of service.

Article 8. Number of women inspectors. Please provide the clarifications requested in the Committee’s previous comments with regard to the problems which explain the low numbers of women in the labour inspection staff and indicate the measures taken to rectify the situation.

Article 13. Powers of injunction of labour inspectors with regard to occupational safety and health. The Committee notes that section 240 of the new Labour Code provides that inspectors are authorized to issue orders or have orders issued for the imposition of measures within a specific deadline or that have immediate executory force with regard to occupational health and safety. The Committee emphasizes that the alternative contained in this respect in the wording of Article 13 of the Convention is a flexibility clause under which the national legislative authority is competent to decide whether labour inspectors shall be directly empowered in this area or shall be bound to request a designated competent authority to issue the necessary order for the same ends. The relevant provisions of national law must be clear in this respect, otherwise problems of application may arise which undermine the credibility of labour inspectors. The Committee hopes that the Government will not fail to take steps as soon as possible to clarify the scope of section 240 of the new Code by clearly defining the extent and limits of the powers of inspectors provided for by Article 13 of the Convention and will keep the ILO informed.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee again asks the Government to indicate whether steps have been taken to ensure coordination between the central health authority and the Labour Inspectorate, with a view to the establishment of an appropriate system for the registration and declaration of cases of occupational disease, and to send a copy of any relevant text and a copy of any form drawn up for this purpose. At all events, the Committee requests the Government to adopt measures to give full effect to this Article of the Convention, which is a prerequisite for the central authority to fulfil its obligation to include statistics of cases of occupational disease in the annual report. The Committee would be grateful if the Government would inform the ILO of any difficulties encountered in this respect and indicate the alternative solutions which it envisages for achieving the same ends.

Articles 19, 20 and 21. Reporting obligations. The Committee once again draws the Government’s attention to the twofold relevance, with a view to achieving the socio-economic objective of the Convention, of compiling the information required by Article 21 in an annual summary report. Such a document enables the central authority to evaluate the functioning of the inspection system, identify deficiencies or inadequacies, seek the opinion of the social partners with a view to making improvements and make appropriate and justified budgetary forecasts. The transmission to the ILO of an annual inspection report also enables the ILO supervisory bodies to assess the degree of application not only of the Convention but also of other ratified international labour standards concerning conditions of work and the protection of workers and to formulate useful guidance for improving the inspection system. The Government is requested to ensure that inspection activities are the subject of periodic reports to the central inspection authority in order to enable the latter to publish and communicate, within the required deadlines, an annual report on the work of the services under its control, progressively containing information, as far as possible, on the subjects listed by Article 21, clauses (a)–(g).

In this respect, the Committee observes that, contrary to what is stated in the Government’s report, the inspection statistics available for 2006 have not been received at the Office. It requests the Government to send these statistics and also those relating to the subsequent period covered by the next report.

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

With reference to its previous comments under this Convention and also to its comments in 2006 under Convention No. 129, the Committee notes with satisfaction the introduction of provisions in the new Labour Code adopted by Act No. 2003-44 giving substantial effect to the Convention. It also notes with interest the information supplied by the Government in its reports received at the ILO in September 2006 and October 2007, to the effect that regulations to implement the new Code are being drafted. The Committee would be grateful if the Government would keep the Office informed of the progress of the process under way and send copies of any implementing regulations adopted.

1. Article 2 of the Convention. Scope of the competence of labour inspection. Section 1 of the new Labour Code states that the Code 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 nationality of the employer, the new Labour Code raises the principle of applicability to employers and workers in export processing enterprises and zones. The Committee welcomes this legislative progress and requests the Government to supply information on the measures taken since the adoption of the new text to give effect to this provision.

2. Article 11. Conditions of work of labour inspectors. With reference to the previous Government reports concerning the poor conditions of work of labour inspectors and the lack of equipment and transport facilities owing to the meagre budgetary resources allocated to the labour administration, the Committee notes with interest that section 235 of the Labour Code provides that the competent authorities are now obliged to adopt the necessary measures to provide inspectors with local offices which are equipped in such a way as to meet the needs of the services and are accessible to all interested parties, and with transport facilities necessary for the performance of their duties where no suitable public transport facilities exist, and are also obliged to adopt measures to ensure the reimbursement of travel and incidental expenses necessary for the discharge of their duties. The Code also states that the implementation of these measures is covered by the state budget. The Committee would be grateful if the Government would supply any information, together with any relevant legal, administrative or financial text, or any document describing the measures taken for the purposes referred to by this section of the Labour Code and the impact of these measures on the practical operation of the labour inspectorate.

3. Article 12. Investigatory powers of labour inspectors. The Committee notes with satisfaction that its repeated comments on the need to take steps to make inspections more effective through measures to implement paragraph 1(c)(i), (ii), (iii), and (iv) of this Article of the Convention, concerning the investigatory powers of labour inspectors, have been given effect by section 238 of the new Labour Code. It would be grateful if the Government would supply information on the way in which effect is given, or planned to be given, in practice to these new provisions, and would send copies of any relevant texts or documents.

4. Articles 17 and 18. Legal proceedings and applicable penalties. The Committee notes with interest that under section 239 of the new Labour Code, any failure by a given party to respond to a summons issued by the labour inspector constitutes an obstruction of an investigatory police officer in the performance of his duties and is liable to the penalties laid down by section 473 of the Penal Code. It also notes with particular interest the obligation imposed by the same text on the State Prosecutor to submit directly to the judge within one month reports submitted by the labour inspector. Such a provision emphasizes the authority vested in labour inspectors and the consideration which must be given by prosecuting magistrates to the socio-economic role of the labour inspectorate. The Committee would be grateful if the Government would supply information on the practical application of the provisions of section 239 of the new Labour Code, together with any relevant document, such as copies of summons to appear in court, or any judgement or extract of a judgement issued further to an inspection report.

5. Articles 10, 11 and 16. Resources matched to the needs of the labour inspectorate. The registration of workplaces liable to inspection, the identification of activities performed therein and the categories of workers employed therein are key elements in recognizing the needs of the labour inspectorate and setting priorities for action in order to gradually meet those needs, in cooperation with other bodies, especially financial authorities and institutions for training inspection staff. The Committee sincerely hopes that the Government will adopt measures to this end as soon as possible and will be in a position to report on them in its next report.

The Committee is addressing a direct request to the Government on a number of other points.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation which read as follows:

The Committee notes with interest the Government’s detailed replies to its previous comments. It also notes the organization in September 2004, under the direction of the ILO Regional Office in Antananarivo, in collaboration with the Government, and with the very active participation of representatives of the Government and of the social partners and non-governmental organizations concerned, of a series of events aimed at strengthening tripartism in the context of labour administration. The Committee notes in particular with interest: (i) the holding of a tripartite monitoring workshop focusing on the definition of a suitable methodological approach for carrying out a study concerning observance of the fundamental rights and conditions of work of workers in “free enterprises” (entreprises franches); (ii) a workshop for the validation of a study on forced labour and the adoption of a relevant plan of action; and (iii) a day of work focusing on labour inspection, which was attended not only by representatives of the Government and the social partners, but also by managers, inspectors (40 in service and 20 receiving training at the National School of Administration) and labour controllers. According to the information available to the ILO, the importance of the role of the labour inspection system was recognized by all categories of participants in the above meeting. In addition, the Committee notes with interest the existence of high-level competence in the labour administration, as well as the expression of a genuine political will on the part of the Government to set up an effective labour inspection system. It notes, however, that a critical lack of material and financial means is currently a major obstacle to achieving this objective.

The Committee notes that the imbalance between available resources and needs is accentuated even further by the extent of the duties and areas of competence of the labour inspection system pursuant to the legislation. Noting that a draft Labour Code is currently being promulgated, the Committee hopes that a copy will be sent to the ILO and that measures will be taken to ensure that the texts necessary for the application of its provisions in relation to the matters covered by the Convention meet the requirements of the latter, and that needs are covered in a progressive manner, in the light of available resources and priorities adopted, in all legislative areas which come under the competence of the labour inspectors. The above measures should be taken with regard to the following matters:

(i)     the principle functions of the labour inspection system (controls, technical advice and information and contributing towards improving the legislation covered by the Convention);

(ii)     methods and means of control and supervision by a central authority;

(iii)    measures promoting spheres of cooperation with other public and private institutions, as well as methods of collaboration with the social partners and the development of procedures for: (a) notifying the labour inspectorate of industrial accidents and occupational diseases; (b) making an inventory of workplaces which are legally liable to inspection; and (c) communicating judicial decisions handed down with regard to employers found guilty of contraventions;

(iv)    the status and conditions of service of labour inspectors;

(v)    enhancing and developing the competencies of labour inspection staff;

(vi)    the provision of appropriate logistical and financial means to services;

(vii)   the scope of inspectors’ powers and their obligations;

(viii)  the effective application of dissuasive sanctions with respect to those responsible for contraventions.

The Committee trusts that the Government will communicate to the Office practical and legislative information (acts, decrees, regulations, circulars and instructions) concerning the development of the labour inspection system vis-à-vis the provisions of the Convention and inform it of any measures taken, where appropriate, to obtain international financial aid for this purpose and of any difficulties encountered.

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

The Committee notes with interest the Government’s detailed replies to its previous comments. It also notes the organization in September 2004, under the direction of the ILO Regional Office in Antananarivo, in collaboration with the Government, and with the active participation of representatives of the Government and of the social partners and non-governmental organizations concerned, of a series of events aimed at strengthening tripartism in the context of labour administration. The Committee notes in particular with interest: (i) the holding of a tripartite monitoring workshop focusing on the definition of a suitable methodological approach for carrying out a study concerning observance of the fundamental rights and conditions of work of workers in "free enterprises" (entreprises franches); (ii) a workshop for the validation of a study on forced labour and the adoption of a relevant plan of action; and (iii) a day of work focusing on labour inspection, which was attended not only by representatives of the Government and the social partners but also by managers, inspectors (40 in service and 20 receiving training at the National School of Administration) and labour controllers. According to the information available to the ILO, the importance of the role of the labour inspection system was recognized by all categories of participants in the abovementioned meetings. In addition, the Committee notes with interest the existence of high-level competence in the labour administration, as well as the expression of a genuine political will on the part of the Government to set up an effective labour inspection system. It notes, however, that a critical lack of material and financial means is currently a major obstacle to achieving this objective.

The Committee notes that the imbalance between available resources and needs is accentuated even further by the extent of the duties and areas of competence of the labour inspection system pursuant to the legislation. Noting that a draft Labour Code is currently being promulgated, the Committee hopes that a copy will be sent to the ILO and that measures will be taken to ensure that the texts necessary for the application of its provisions in relation to the matters covered by the Convention meet the requirements of the latter, and that needs are covered in a progressive manner, in the light of available resources and priorities adopted, in all legislative areas which come under the competence of the labour inspectors. The abovementioned measures should be taken with regard to the following matters:

(i)  the principle functions of the labour inspection system (controls, technical advice and information and contributing towards improving the legislation covered by the Convention);

(ii)  methods and means of control and supervision by a central authority;

(iii)  measures promoting spheres of cooperation with other public and private institutions, as well as methods of collaboration with the social partners and the development of procedures for: (a) notifying the labour inspectorate of industrial accidents and occupational diseases; (b) making an inventory of workplaces which are legally liable to inspection; and (c) communicating judicial decisions handed down with regard to employers found guilty of contraventions;

(iv)  the status and conditions of service of labour inspectors;

(v)  enhancing and developing the competencies of labour inspection staff;

(vi)  the provision of appropriate logistical and financial means to services;

(vii)  the scope of inspectors’ powers and their obligations;

(viii)  the effective application of dissuasive sanctions with respect to those responsible for contraventions.

The Committee hopes that the Government will communicate to the Office practical and legislative information (acts, decrees, regulations, circulars and instructions) concerning the development of the labour inspection system vis-à-vis the provisions of the Convention and inform it of any measures taken, where appropriate, to obtain international financial aid for this purpose and of any difficulties encountered.

The Committee also notes with satisfaction the information indicating that section 5(2) of Decree No. 61-226 of 19 May 1961, which established "protective" discrimination with regard to women concerning eligibility for the occupation of labour inspector, has fallen into disuse in practice. It would be grateful if the Government would state the measures contemplated to give legislative effect to this social step forward.

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:

The Committee notes the Government’s information in reply to its general observation of 1999, the reports drawn up by the General Directorate of Labour and Labour Legislation concerning, firstly, the activities of the inspection services for 1999 and, secondly, a synthesis of reports of the external labour services for 1998. It also notes the Government’s partial replies to its previous direct request.

Labour inspection and child labour. With reference to its general observation of 1999, the Committee notes that the Government ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), in 2001 and has launched various awareness-raising activities with regard to child labour in the context of the International Programme for the Elimination of Child Labour (IPEC). In particular, it notes with interest the measures taken to train labour inspectors in this field and the implementation by the ministries responsible for labour and justice, in collaboration with IPEC, of a programme to strengthen the relevant institutions. The Government is requested to provide full particulars on the progress made in the revision of the Labour Code with a view to strengthening the statutory means for supervising the application of legal provisions respecting child labour, as well as information on the impact of the above activities.

Article 6 of the Convention. With reference to its repeated comments concerning the application of this provision, the Committee once again requests the Government to provide the information requested on the distribution of labour inspection staff as a function of their status as public officials or non-titularized state employees.

Article 8. Please provide the information requested in the Committee’s previous comments concerning the difficulties which, according to the Government, explain the low numbers of women staff in the labour inspectorate.

Article 12, paragraph 1(c). With reference to its previous comments, in which it noted the absence of legal provision conferring upon labour inspectors the powers of investigation set out in points (i), (ii), (iii) and (iv) of this provision, the Committee hopes that the Government will not fail to take the opportunity of the revision of the provisions of its labour laws and regulations to ensure that they provide for such powers, which are indispensable for the effective discharge of labour inspection duties.

Articles 10, 11 and 16. The Committee notes that, in addition to the inadequacy of the geographical distribution of the staff of provincial labour services, and despite the slight general increase in relation to 1998, the Government’s announcement in its 1995 report of a five-year programme for the additional recruitment of 40 labour inspectors has not been given effect. Indeed, the Committee notes that the numbers of labour inspectors fell from 28 to ten between 1995 and 1999. However, it notes the indication that there was a substantial increase in the number of inspections between 1998 and 1999 following an improvement in transport facilities and the recruitment of eight new inspectors. The Government is requested to indicate in its next report the number and geographical distribution of workplaces liable to inspection, and of the vehicles available to labour inspectors, and to ensure that future annual reports on the activities of the inspection services contain indications of the type of inspections undertaken (routine inspections; inspections to verify the implementation of injunctions; thematic inspections).

Article 11. With reference to the information concerning the poor condition of the buildings housing the labour inspection services and the lack of equipment due to the inadequacy of the budget assigned to the labour administration, the Committee would be grateful if the Government would provide information on the measures which have been taken or are envisaged to improve the situation.

Article 14. Please indicate whether, as advocated by the Committee in its previous comments, measures have been taken to ensure the coordination between the central authority responsible for health and the labour inspectorate with a view to the development of an appropriate system for the recording and notification of occupational diseases, and please provide copies, as appropriate, of any relevant text.

Articles 20 and 21. While noting the reports on the activities of the labour inspectorate provided to the ILO for 1998 and 1999, the Committee wishes to indicate that such reports cannot act as annual reports as required by these provisions of the Convention. In practice, a large part of the reports is devoted to the activities of the inspection services for the settlement of labour disputes and in relation to labour relations (trade union activities and the representation of workers), which are not the functions with which labour inspectors should principally be entrusted in accordance with Article 3, paragraph 1, of the Convention. In contrast, they contain no information on such important matters as the number of workplaces liable to inspection, the number of workers employed therein, statistics of the penalties imposed in the event of violations of the legal provisions which the labour inspectorate is responsible for supervising, and statistics of industrial accidents and occupational diseases. The Committee cannot over-emphasize the value of compiling such information in a synthesis document with a view to an annual evaluation by the central labour inspection authority of the functioning of the inspection system with a view to its constant adaptation to national conditions within a framework of tripartite dialogue and, at the international level, to allow the ILO supervisory bodies to assess the extent to which the Convention is applied and to supply useful pointers to improve its application. The Government is therefore requested to take the necessary measures to ensure that an annual report on the activities of the inspection services, containing information on each of the matters enumerated in Article 21(a) to (g), is published by the central authority so that it is accessible to any interested person, and particularly to the social partners, and that it is transmitted to the ILO within the time limits set out in Article 20.

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

The Committee notes the Government’s information in reply to its general observation of 1999, the reports drawn up by the General Directorate of Labour and Labour Legislation concerning, firstly, the activities of the inspection services for 1999 and, secondly, a synthesis of reports of the external labour services for 1998. It also notes the Government’s partial replies to its previous direct request.

Labour inspection and child labour. With reference to its general observation of 1999, the Committee notes that the Government ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), in 2001 and has launched various awareness-raising activities with regard to child labour in the context of the International Programme for the Elimination of Child Labour (IPEC). In particular, it notes with interest the measures taken to train labour inspectors in this field and the implementation by the ministries responsible for labour and justice, in collaboration with IPEC, of a programme to strengthen the relevant institutions. The Government is requested to provide full particulars on the progress made in the revision of the Labour Code with a view to strengthening the statutory means for supervising the application of legal provisions respecting child labour, as well as information on the impact of the above activities.

Article 6 of the Convention. With reference to its repeated comments concerning the application of this provision, the Committee once again requests the Government to provide the information requested on the distribution of labour inspection staff as a function of their status as public officials or non-titularized state employees.

Article 8. Please provide the information requested in the Committee’s previous comments concerning the difficulties which, according to the Government, explain the low numbers of women staff in the labour inspectorate.

Article 12, paragraph 1(c). With reference to its previous comments, in which it noted the absence of legal provision conferring upon labour inspectors the powers of investigation set out in points (i), (ii), (iii) and (iv) of this provision, the Committee hopes that the Government will not fail to take the opportunity of the revision of the provisions of its labour laws and regulations to ensure that they provide for such powers, which are indispensable for the effective discharge of labour inspection duties.

Articles 10, 11 and 16. The Committee notes that, in addition to the inadequacy of the geographical distribution of the staff of provincial labour services, and despite the slight general increase in relation to 1998, the Government’s announcement in its 1995 report of a five-year programme for the additional recruitment of 40 labour inspectors has not been given effect. Indeed, the Committee notes that the numbers of labour inspectors fell from 28 to ten between 1995 and 1999. However, it notes the indication that there was a substantial increase in the number of inspections between 1998 and 1999 following an improvement in transport facilities and the recruitment of eight new inspectors. The Government is requested to indicate in its next report the number and geographical distribution of workplaces liable to inspection, and of the vehicles available to labour inspectors, and to ensure that future annual reports on the activities of the inspection services contain indications of the type of inspections undertaken (routine inspections; inspections to verify the implementation of injunctions; thematic inspections).

Article 11. With reference to the information concerning the poor condition of the buildings housing the labour inspection services and the lack of equipment due to the inadequacy of the budget assigned to the labour administration, the Committee would be grateful if the Government would provide information on the measures which have been taken or are envisaged to improve the situation.

Article 14. Please indicate whether, as advocated by the Committee in its previous comments, measures have been taken to ensure the coordination between the central authority responsible for health and the labour inspectorate with a view to the development of an appropriate system for the recording and notification of occupational diseases, and please provide copies, as appropriate, of any relevant text.

Articles 20 and 21. While noting the reports on the activities of the labour inspectorate provided to the ILO for 1998 and 1999, the Committee wishes to indicate that such reports cannot act as annual reports as required by these provisions of the Convention. In practice, a large part of the reports is devoted to the activities of the inspection services for the settlement of labour disputes and in relation to labour relations (trade union activities and the representation of workers), which are not the functions with which labour inspectors should principally be entrusted in accordance with Article 3, paragraph 1, of the Convention. In contrast, they contain no information on such important matters as the number of workplaces liable to inspection, the number of workers employed therein, statistics of the penalties imposed in the event of violations of the legal provisions which the labour inspectorate is responsible for supervising, and statistics of industrial accidents and occupational diseases. The Committee cannot over-emphasize the value of compiling such information in a synthesis document with a view to an annual evaluation by the central labour inspection authority of the functioning of the inspection system with a view to its constant adaptation to national conditions within a framework of tripartite dialogue and, at the international level, to allow the ILO supervisory bodies to assess the extent to which the Convention is applied and to supply useful pointers to improve its application. The Government is therefore requested to take the necessary measures to ensure that an annual report on the activities of the inspection services, containing information on each of the matters enumerated in Article 21(a) to (g), is published by the central authority so that it is accessible to any interested person, and particularly to the social partners, and that it is transmitted to the ILO within the time limits set out in Article 20.

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

The Committee notes the Government's report for the period ending 1 September 1998, which arrived at the ILO too late to be examined by the Committee at its 1998 session. It notes that it contains partial elements of information regarding comments formulated at its 1998 session on the Government's reports from 1994 and 1995. The Government is therefore requested to supply additional detailed information concerning the abovementioned comments, to enable the Committee to ascertain the level of application of the present Convention. The comments read as follows:

The Committee notes the Government's report in reply to its previous comments for the period ending 30 June 1994 and the Government's report covering the period ending 30 June 1995. It also notes the report of the activities of the General Directorate of Labour and Social Protection for 1994 and the adoption in 1994 of Act No. 94-025 respecting the general conditions of service of employees of the State who do not have tenure, Act No. 94-027 issuing the Occupational Safety, Health and Environment Code and Act No. 94-029 issuing the Labour Code.

Article 20 of the Convention. The Committee notes with regret that the annual inspection reports for 1995, 1996 and 1997 have still not been transmitted to the ILO. It requests the Government to provide information on the manner in which effect is given to paragraph 2 of this Article, which provides that annual reports shall be published within a reasonable time after the end of the year to which they relate and in any case within 12 months. It also requests the Government to take the necessary measures to ensure that in future a copy of these reports is transmitted to the ILO within the time limits set out in paragraph 3 of the same Article.

Article 6. With reference to its previous comments, the Committee notes the Government's reply to the effect that the independence and employment stability of labour inspectors is guaranteed by sections 72 and 73 of Ordinance No. 93-019 of 30 April 1993 respecting the general conditions of service of public officials, which provides for the titularization of certain employees of the State who do not have tenure, subject to a minimum length of service at the date on which the above Ordinance was issued, and the provisions of Decree No. 94-075 of 25 January 1994 establishing the conditions for the titularization as public officials of employees of the State who do not have tenure. The Committee notes that this Decree has been in abeyance, under the terms of section 7 of the Decree, since the adoption of the above Act No. 94-025 respecting the general conditions of service of employees of the State who do not have tenure. This Act provides in section 1 that employees of the State who do not have tenure are covered by contractual relations with the administration and, in section 2, that they shall be recruited under short-term contracts. The annual report on the activities of the inspection services for 1994 indicates that a number of labour inspectors are engaged on a contractual basis, which means that those who have a seniority of less than six years do not benefit from the stability of employment guaranteed to their colleagues with greater seniority. The same report contains a schedule of draft orders respecting promotion, titularization and reclassification submitted to the public service in 1994, which shows that no application for titularization concerns labour inspectors or supervisors and that the services responsible for social protection and social security are affected by great instability due to the fragility of the status of their staff. The Committee hopes that the Government will be able to supply information in its next report on the measures which have been taken to guarantee these officials the employment stability and independence necessary for the fulfilment of their functions. It also hopes that future annual inspection reports will contain figures on the new distribution of labour inspectors and labour supervisors and will indicate their status following the implementation of the legislation referred to above.

Articles 10, 11 and 16. The Committee notes the information that 40 labour inspectors were to be recruited for the period 1996-2000. It requests the Government to indicate in its next report the effect given to this project and to supply, as appropriate, information on the impact of the strengthening of the inspection services on the application of the Convention. In a previous report, the Government announced that efforts were being made to furnish provincial labour inspectorates with offices and accommodation. The Committee has on many occasions requested the Government to provide detailed information on the measures which have been taken to enable inspectors to carry out their functions effectively by furnishing them with sufficient material and financial resources, including the necessary transport facilities. It notes from the report on the activities of the General Directorate of Labour and Social Protection for 1994 that, for reasons of a material and financial nature, the supervision of establishments which should, it is emphasized, be the principal activity of the labour inspection services cannot be carried out as often and as thoroughly as is necessary. The Committee also notes, as stated in the above annual report, that the geographical distribution of labour inspectors is very unequal. The Committee emphasizes that labour inspection is of fundamental importance in guaranteeing labour standards and should be given adequate priority in budgetary decisions. It therefore requests the Government to provide information in its next report on any measure that has been taken or is envisaged to give effect to these provisions.

Article 12. With reference to its previous comments, the Committee notes with interest the provisions of section 133(3) of the Labour Code, which gives effect to points (a) and (b) of this Article of the Convention and, in part, to point (c). The Committee notes that section 134(1) of the Labour Code reproduces the provisions of section 110(2) of the former Code respecting the powers of investigation of labour inspectors and notes that the powers set out in points (i), (ii), (iii) and (iv) are still not accorded by law to labour inspectors. The absence of such provisions is prejudicial to the fulfilment of the functions of the labour inspectorate. The Committee therefore hopes that the Government will soon be in a position to ensure that such provisions have been adopted, possibly in the context of the decree referred to in section 134 of the Labour Code or in any other relevant law or regulation.

Articles 14 and 21. In accordance with Article 14, the labour inspectorate shall be notified of industrial accidents and cases of occupational diseases in such cases and in such manner as may be prescribed by national laws or regulations. With reference to its previous comments, as well as its general observation of 1996 on the application of the Convention, the Committee notes that the above annual report does not contain any information on statistics of occupational diseases, as required by Article 21(g). It notes that, in accordance with section 170(2) of the Social Insurance Code of 1969, the employer is obliged to report any case of occupational disease to the National Social Insurance Fund within 15 days of the determination of the occupational nature of the disease. The Committee emphasized in its 1985 General Survey on labour inspection that notifying the labour inspectorate is not an end in itself but part of the more general aim of accident prevention. Its purpose is to enable the labour inspectors to conduct investigations in the enterprise to establish the causes of work accidents and occupational diseases and to have steps taken to avoid their recurrence. The Committee notes the cooperation established between the health inspectorate and the labour inspectorate in the framework of the technical supervision of the application of the Occupational Safety, Health and Environment Code, issued by Act No. 94-027 of 18 March 1994, and hopes that the Government will also take measures for the coordination necessary between the central authorities which are responsible for health and the labour inspectorate, with a view to giving effect to these Articles of the Convention, to develop an appropriate system for the recording and reporting of occupational diseases and that it will indicate in its next report the measures which have been taken or are envisaged to this effect and that it will transmit the respective texts, as appropriate.

With regard to Article 8 of the Convention, the Committee notes the information that the reason there are proportionately fewer women in the labour inspectorate is not simply because the duties are difficult, but also arises from the provisions of section 5, subsection 2, of Decree No. 61-226 of 19 May 1961. The Committee therefore requests the Government firstly, to provide details on the type of difficulties which might prevent women from performing the duties of a labour inspector, and secondly, to indicate why the Decree cited above continues to take effect despite its express abrogation by Decree No. 78-225 of 24 July 1978, announced in an earlier report.

The Committee would also like to request the Government to supply examples of six-monthly activities reports of the inspection services, mentioned in the annex to its last report, which have not yet been received by the ILO.

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

The Committee notes the Government's report in reply to its previous comments for the period ending 30 June 1994 and the Government's report covering the period ending 30 June 1995. It also notes the report of the activities of the General Directorate of Labour and Social Protection for 1994 and the adoption in 1994 of Act No. 94-025 respecting the general conditions of service of employees of the State who do not have tenure, Act No. 94-027 issuing the Occupational Safety, Health and Environment Code and Act No. 94-029 issuing the Labour Code.

Article 20 of the Convention. The Committee notes with regret that the annual inspection reports for 1995, 1996 and 1997 have still not been transmitted to the ILO. It requests the Government to provide information on the manner in which effect is given to paragraph 2 of this Article, which provides that annual reports shall be published within a reasonable time after the end of the year to which they relate and in any case within 12 months. It also requests the Government to take the necessary measures to ensure that in future a copy of these reports is transmitted to the ILO within the time-limits set out in paragraph 3 of the same Article.

Article 6. With reference to its previous comments, the Committee notes the Government's reply to the effect that the independence and employment stability of labour inspectors is guaranteed by sections 72 and 73 of Ordinance No. 93-019 of 30 April 1993 respecting the general conditions of service of public officials, which provides for the titularization of certain employees of the State who do not have tenure, subject to a minimum length of service at the date on which the above Ordinance was issued, and the provisions of Decree No. 94-075 of 25 January 1994 establishing the conditions for the titularization as public officials of employees of the State who do not have tenure. The Committee notes that this Decree has been in abeyance, under the terms of section 7 of the Decree, since the adoption of the above Act No. 94-025 respecting the general conditions of service of employees of the State who do not have tenure. This Act provides in section 1 that employees of the State who do not have tenure are covered by contractual relations with the administration and, in section 2, that they shall be recruited under short-term contracts. The annual report on the activities of the inspection services for 1994 indicates that a number of labour inspectors are engaged on a contractual basis, which means that those who have a seniority of less than six years do not benefit from the stability of employment guaranteed to their colleagues with greater seniority. The same report contains a schedule of draft orders respecting promotion, titularization and reclassification submitted to the public service in 1994, which shows that no application for titularization concerns labour inspectors or supervisors and that the services responsible for social protection and social security are affected by great instability due to the fragility of the status of their staff. The Committee hopes that the Government will be able to supply information in its next report on the measures which have been taken to guarantee these officials the employment stability and independence necessary for the fulfilment of their functions. It also hopes that future annual inspection reports will contain figures on the new distribution of labour inspectors and labour supervisors and will indicate their status following the implementation of the legislation referred to above.

Articles 10, 11 and 16. The Committee notes the information that 40 labour inspectors were to be recruited for the period 1996-2000. It requests the Government to indicate in its next report the effect given to this project and to supply, as appropriate, information on the impact of the strengthening of the inspection services on the application of the Convention. In a previous report, the Government announced that efforts were being made to furnish provincial labour inspectorates with offices and accommodation. The Committee has on many occasions requested the Government to provide detailed information on the measures which have been taken to enable inspectors to carry out their functions effectively by furnishing them with sufficient material and financial resources, including the necessary transport facilities. It notes from the report on the activities of the General Directorate of Labour and Social Protection for 1994 that, for reasons of a material and financial nature, the supervision of establishments which should, it is emphasized, be the principal activity of the labour inspection services cannot be carried out as often and as thoroughly as is necessary. The Committee also notes, as stated in the above annual report, that the geographical distribution of labour inspectors is very unequal. The Committee emphasizes that labour inspection is of fundamental importance in guaranteeing labour standards and should be given adequate priority in budgetary decisions. It therefore requests the Government to provide information in its next report on any measure that has been taken or is envisaged to give effect to these provisions.

Article 12. With reference to its previous comments, the Committee notes with interest the provisions of section 133(3) of the Labour Code, which gives effect to points (a) and (b) of this Article of the Convention and, in part, to point (c). The Committee notes that section 134(1) of the Labour Code reproduces the provisions of section 110(2) of the former Code respecting the powers of investigation of labour inspectors and notes that the powers set out in points (i), (ii), (iii) and (iv) are still not accorded by law to labour inspectors. The absence of such provisions is prejudicial to the fulfilment of the functions of the labour inspectorate. The Committee therefore hopes that the Government will soon be in a position to ensure that such provisions have been adopted, possibly in the context of the decree referred to in section 134 of the Labour Code or in any other relevant law or regulation.

Articles 14 and 21. In accordance with Article 14, the labour inspectorate shall be notified of industrial accidents and cases of occupational diseases in such cases and in such manner as may be prescribed by national laws or regulations. With reference to its previous comments, as well as its general observation of 1996 on the application of the Convention, the Committee notes that the above annual report does not contain any information on statistics of occupational diseases, as required by Article 21(g). It notes that, in accordance with section 170(2) of the Social Insurance Code of 1969, the employer is obliged to report any case of occupational disease to the National Social Insurance Fund within 15 days of the determination of the occupational nature of the disease. The Committee emphasized in its 1985 General Survey on labour inspection that notifying the labour inspectorate is not an end in itself but part of the more general aim of accident prevention. Its purpose is to enable the labour inspectors to conduct investigations in the enterprise to establish the causes of work accidents and occupational diseases and to have steps taken to avoid their recurrence. The Committee notes the cooperation established between the health inspectorate and the labour inspectorate in the framework of the technical supervision of the application of the Occupational Safety, Health and Environment Code, issued by Act No. 94-027 of 18 March 1994, and hopes that the Government will also take measures for the coordination necessary between the central authorities which are responsible for health and the labour inspectorate, with a view to giving effect to these Articles of the Convention, to develop an appropriate system for the recording and reporting of occupational diseases and that it will indicate in its next report the measures which have been taken or are envisaged to this effect and that it will transmit the respective texts, as appropriate.

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

Article 6 of the Convention. Further to its previous comments, the Committee notes the information regarding the status and conditions of service of the contractual labour inspectors recruited to supplement regular labour inspectors. The Committee wishes to recall paragraphs 136 to 148 of its 1985 General Survey on Labour Inspection and underline the link between, on the one hand, the conditions of service of inspectors such as their period of appointment and career prospects, and their stability of employment and, on the other, their independence and ability to point out, without fear of any kind of reprisal, practices in undertakings that are contrary to the legal provisions. Please describe existing or planned arrangements that would ensure the stability of employment and independence of contractual labour inspectors as required by this provision of the Convention.

Articles 10, 11 and 16. The Committee notes the information provided in reply to its previous comments regarding the staffing levels in the inspection service and the filling of vacant posts. It would be grateful if the Government would continue to provide information on progress in this respect. The Committee notes however that the Government's report does not contain replies to its previous comments regarding the need to provide the inspection service with the material means to carry out their functions effectively and ensure that workplaces are visited with the necessary frequency and thoroughness required by the Convention. It hopes it will be possible to give the necessary priority to these matters when budgetary decisions are taken and trusts the Government will provide full details in its next report.

Article 12, paragraph 1(a), (b) and (c)(i) and (iv). Further to its previous comments, the Committee notes from the Government's report that measures to establish means and procedures for the exercise of the powers of labour inspectors provided for by the last paragraph of section 110 of the Labour Code and referred to by the Government in its 1985 report have not been taken or planned. The Committee draws the Government's attention to the need to provide for such means and procedures, taking into account paragraphs 156 to 178 of the 1985 General Survey on Labour Inspection. Please provide full details of steps taken or proposed.

Articles 20 and 21. Further to its previous comments, the Committee notes that the annual report of the Ministry of Labour covering the activities of the inspection services has not reached the Office. It also notes the information that statistics on occupational diseases are unavailable. The Committee would be grateful if the Government would provide a copy of the said annual report and hopes that it will be possible for future reports to be published and transmitted within the time-limits set in Article 20 and that they will contain all the information listed in Article 21 including points (c) and (g).

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

Article 6 of the Convention. The Committee notes from the Government's annual inspection report of 1990 that there are a significant number of contractual labour inspectors in addition to regular labour inspectors. Please provide further information on the status and conditions of service of these contractual labour inspectors and on how their stability of employment and independence from improper external influences, including changes of Government, is ensured as required by this Article of the Convention (see also paragraphs 136 to 148 of the 1985 General Survey on Labour Inspection).

Articles 10, 11 and 16. Further to its previous comments the Committee notes the information regarding the provision of local offices and service vehicles and alternative means of transportation for labour inspectors. It notes however the insufficiency of financial resources available to the labour inspection service as a result of the Government's general economic austerity programme, which limits inspection visits to those carried out after complaints or requests from workers. It further notes that not all the vacant posts in the service have been filled. The Committee wishes to recall the importance of the adequacy of the strength of the inspectorate, and the need to provide the necessary material means for labour inspectors to carry out their functions effectively and ensure that workplaces liable to inspections are visited with the necessary frequency and thoroughness required by the Convention. Please provide full details as to the measures taken or envisaged in this regard.

Article 12, paragraph 1(a), (b) and (c)(i) and (iv). Further to its previous comments, the Committee recalls that neither the Labour Code (sections 109 to 115) nor Decree No. 61-226 of 10 May 1961 provides for the means and procedures for the exercise of the powers of labour inspectors. Please indicate any measures taken or envisaged to issue the decree provided for by the last paragraph of section 110 of the Labour Code, to establish such procedures, to which the Government referred in its 1985 report.

Articles 20 and 21. Further to its previous comments, the Committee notes the annual labour inspection report for 1990 does not contain statistics on workplaces liable to inspection and on the number of workers employed therein (Article 21(c)), or statistics of occupational diseases (Article 21(g)). The Committee trusts future annual inspection reports will be published and transmitted within the time-limits required by Article 20 and will contain all particulars listed in Article 21, in particular points (c) and (g).

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

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 11, paragraph 1, of the Convention. The Committee notes from the Government's reports that labour inspectors are encountering serious practical, financial and technical difficulties in carrying out their duties. It would be grateful if, in its next report, the Government would provide detailed information on the measures taken or envisaged to remedy these difficulties and, in particular, on the transport facilities made available to inspectors.

Article 12, paragraph 1(a), (b), and (c)(i) and (iv). The Committee requests the Government to state whether the decree provided for by the last paragraph of section 110 of the Labour Code, to establish the procedures whereby labour inspectors shall exercise the powers conferred on them, and to which the Government refers in its report for the period ending 30 June 1985, has already been adopted and, in the affirmative, to provide a copy of the text.

Article 16. The Committee notes with interest from the annual report of the Directorate of Labour and Social Welfare for 1988, that the number of establishments subject to inspection has increased steadily since 1986. However, it notes that in general inspection visits were carried out only following complaints or requests from the workers. It hopes that appropriate measures will be taken to ensure that workplaces subject to inspection are inspected as often and as thoroughly as is necessary to ensure the effective application of the labour legislation.

Articles 20 and 21. The Committee notes that the annual activity report of the Directorate of Labour and Social Welfare for 1989 does not contain all the information required by this Article of the Convention. It trusts that future annual reports will be completed and published including detailed information on all the subjects, in particular statistics of workplaces liable to inspection and the number of workers employed therein (point c) and statistics of violations and penalties imposed (point e), listed at this Article.

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

Article 11, paragraph 1, of the Convention. The Committee notes from the Government's reports that labour inspectors are encountering serious practical, financial and technical difficulties in carrying out their duties. It would be grateful if, in its next report, the Government would provide detailed information on the measures taken or envisaged to remedy these difficulties and, in particular, on the transport facilities made available to inspectors.

Article 12, paragraph 1(a), (b), and (c)(i) and (iv). The Committee requests the Government to state whether the decree provided for by the last paragraph of section 110 of the Labour Code, to establish the procedures whereby labour inspectors shall exercise the powers conferred on them, and to which the Government refers in its report for the period ending 30 June 1985, has already been adopted and, in the affirmative, to provide a copy of the text.

Article 16. The Committee notes with interest from the annual report of the Directorate of Labour and Social Welfare for 1988, that the number of establishments subject to inspection has increased steadily since 1986. However, it notes that in general inspection visits were carried out only following complaints or requests from the workers. It hopes that appropriate measures will be taken to ensure that workplaces subject to inspection are inspected as often and as thoroughly as is necessary to ensure the effective application of the labour legislation.

Article 21. The Committee notes that the annual activity report of the Directorate of Labour and Social Welfare does not contain the information required by this Article of the Convention (apart from the statistics of inspection visits). It trusts that future annual reports will be completed so as to include detailed information on all the subjects listed at this Article.