Labour Inspection Convention, 1947 (No. 81) - North Macedonia (Ratification: 1991)

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

Previous comments: Direct request and observation.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour Inspection Convention, 1947 (No. 81) and Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Legislation. Further to its previous comment, the Committee notes the adoption of the new Law on Inspection Supervision in 2019 and the Government’s indication that: (i) the 2019 Law on Inspection Supervision is a general law regulating the basic principles of inspection of all supervisory bodies, the status, competences and functioning of the Inspection Council and the modes of operation of inspectors in the various bodies; (ii) the Law on Labour Inspection of 1997 is a special law that regulates the organization and work of the State Labour Inspectorate, which is responsible for the enforcement of laws and regulations on labour relations, labour protection, collective agreements and employment contracts; and (iii) the Law on Inspection Supervision of 2019 and the Law on Labour Inspection of 1997 are compatible, the difference is that the latter empowers labour inspectors to enter the employer’s premises, at any time of the day and night, without prior notice and regardless of the employer’s working hours (section 10), whereas the Law on Inspection Supervision of 2019 provides for announced inspections as a general rule (section 69(2)). The Government indicates that in practice the inspectors did not face any major challenges in their actions by applying the provisions of both laws. The Committee takes note of this information, which responds to its previous request.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Undeclared work. The Committee notes that the Government did not provide the information requested in its previous comment. The Committee once again requests the Government to provide information on the labour inspection activities related to undeclared work, including the number of inspections undertaken, violations identified, orders issued for the establishment of employment contracts and subsequent penalties imposed.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Structure of the labour inspection system. Supervision and control by a central authority. In response to its previous comment, the Committee notes the Government’s indication that under section 18 of the Law on Inspection Supervision of 2019, the Inspection Council: (i) gives its consent to the annual and monthly inspection plans of the State Labour Inspectorate containing information on the elements planned for the following period, including on the recruitment of inspectors, the number of trainings, the budgetary funds required and the number of inspections planned per inspector in the following month; (ii) evaluates the six-month reports on the work carried out by the State Labour Inspectorate, taking into account the number of inspections performed, the infringements detected, the number of new hires or retirements in the service in the last period, the trainings carried out, the budget execution, the risk assessment methodologies adopted by the inspection services and the performance evaluation of the inspectors; and (iii) gives indications and guidelines to improve the work of the labour inspection services in relation to the planning of inspections and their execution and organizes working meetings to overcome the problems faced by the inspection services. It also notes the number of improvement orders issued by the Inspection Council to the State Labour Inspectorate during 2020 and 2021. The Committee requests the Government to continue to provide information on the impact of supervision by the Inspection Council on the activities of the State Labour Inspectorate, including the content of the indications and guidelines given by the Council to improve the work of the labour inspection services.

Articles 5(a), 13 and 14 of Convention No. 81 and Articles 12(1), 18 and 19 of Convention No. 129. Cooperation between the inspection services and government services in the areas of occupational safety and health (OSH). In reply to its previous comment, the Committee notes the information provided by the Government on the joint inspections carried out by the State Labour Inspectorate and various government services, including the State Education Inspectorate, the State Environmental Inspectorate and public health institutions. In this respect, it notes the comprehensive information provided on the number of joint inspection visits carried out in 2020 and 2021 (60,976 inspections), as well as the number of injuries and fatalities by economic activity in 2020, 2021 and 2022. The Committee takes note of this information, which responds to its previous request.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 13, 22, 23 and 24 of Convention No. 129. Legal proceedings and adequate penalties. Cooperation with the judiciary. Further to its previous comment, the Committee notes the statistical information provided by the Government on the number of violations identified, administrative measures and orders issued, misdemeanour and criminal charges filed and penalties imposed. It also notes the Government’s indication that, in 2022, the Inspection Council submitted an instruction to the Ministry of Labour and Social Policy on the need to amend the Labour Relations Law of 2015 to reinforce measures and penalties for labour offences related to the payment of wages and other payments from employment.

It further notes that the Government did not provide information on the impact of the settlement procedure provided for in section 266(c)(3) and (5) of the Labour Relations Law of 2015, whereby the amount of the fine imposed may be reduced by half on the basis of the agreement of the liable employer to pay the fine within eight days. The Committee once again requests the Government to indicate the impact of the settlement procedures on the protection of workers’ rights and how it ensures that sanctions for violations are effectively enforced and remain sufficiently dissuasive, including in the context of the possible amendment of the Labour Relations Law of 2015. It also requests the Government to continue to provide statistics on violations, administrative measures and sanctions imposed, as well as on settlement procedures, disaggregated by the nature of infringements according to the legal provisions to which they relate (OSH, wages, annual paid leave, and other connected matters).

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers or their organizations. In response to its previous comment, the Committee notes the Government’s indication that under section 18(1)(19) of the Law on Inspection Supervision of 2019, employers’ and workers’ organizations can submit petitions and proposals for inspections to be conducted to protect their rights. The Committee requests the Government to continue to provide information on the collaboration between the labour inspectorate and employers and workers or their organizations, including the number and nature of petitions and proposals for inspection submitted by employers’ or workers’ organizations, as well as information on any activity undertaken by the Council for Occupational Safety and Health and the Economic and Social Council in relation to labour inspection.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspection staff. Further to its previous comment, the Committee notes that the Government informs that: (i) the total budget for salaries and allowances of the State Labour Inspectorate has increased from 97,400,000.00 denars in 2019 to 158,481,795.00 denars in 2021; (ii) these salary increases and allowances were established pursuant to the Law on Inspection Supervision of 2019, according to which inspectors are entitled to a salary supplement of 30 per cent of the amount of the basic salary if there is a high risk to their life and health in the exercise of their duties (section 48(2)), and to an additional monthly salary once a year for good performance (section 51(1) and (2)); (iii) labour inspectors who obtain an inspector license after completion of the 12-month training provided for in section 42(1) of the Law on Inspection Supervision of 2019 receive a salary increase; and (iv) in 2021 and 2022, 12 inspectors received salary increases for acquiring inspector licenses.

Concerning disciplinary procedures, the Government indicates that: (i) in 2021, five disciplinary proceedings were initiated; however, the inspection services determined that four of the proceedings were time-barred under Section 78 of the Law on Administrative Officers of 2014; (ii) in 2022, two disciplinary procedures were concluded; and (iii) only one inspector complained about the 30 per cent salary reduction for one month as a disciplinary measure, and a final decision was taken dismissing his appeal. The Committee requests the Government to provide information on the number of labour inspectors who have received salary increases due to the existence of a high risk to their life and health in the performance of their duties, as provided for in section 48(2) of theLaw on Inspection Supervision of 2019. It also requests the Government to continue to provide information on the number of labour inspectors receiving salary increases for good performance, the number of disciplinary procedures initiated and their causes, the number of appeals from disciplinary procedures and the outcomes of these procedures.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors and specific training for labour inspectors in agriculture. Further to its previous comment, the Committee notes that the Government indicates that, in accordance with the Law on Inspection Supervision of 2019, the Inspection Council shall adopt and implement an annual program for the general training of inspectors (section 16(5)) and the Director of the Inspection Service shall, based on the annual general training program, adopt an annual plan for the individual training of inspectors (section 18(6)). The Government adds that the inspection services organize specialized training on topics related to their scope of work.

With regard to the training activities carried out, the Committee notes that during 2019 and 2022: (i) the Inspection Council organized several trainings for inspectors on methodologies for conducting inspections under the project for the modernization of inspection services; (ii) 114 inspectors received training on the Law on Inspection Supervision of 2019, legal sanctions and computer skills, among other matters; (iii) 27 labour inspectors completed the three-month training through the new electronic platform and acquired the corresponding licenses; and (iv) 2,562 general training certificates were issued.

It further notes the Government’s indication that the labour inspectorate is expected to provide training focusing on the technical knowledge and skills of labour inspectors in agriculture. The Committee requests the Government to continue to provide information on the training of labour inspectors, in particular on the training provided on the technical knowledge and skills required for labour inspectors in agriculture, including the subjects covered and the number of inspectors trained.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Resources of the labour inspection system and inspection visits. Further to its previous comment, the Committee notes the information provided by the Government on: (i) the number of labour inspection visits caried out from 2019 to the first semester of 2023 (23,821 inspections in 2019; 31,261 in 2020; 28,010 in 2021; 24,917 in 2022 and 10,893 in the first semester of 2023); (ii) the number of labour inspectors from 2019 to 2023 (112 inspectors in 2019; 106 in 2020; 107 in 2021; 105 in 2022; and 104 in 2023); (iii) the budgetary allocation to the State Labour Inspectorate, which has significantly increased from 2019 to 2022; and (iv) the sectors of economic activity liable to inspections. While noting the Government’s indication that 22 labour inspectors have retired in 2022, the Committee requests the Government to provide information on the measures taken to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate and to continue to provide information on the number of labour inspectors, the number of labour inspection visits undertaken, the budgetary allocation to the State Labour Inspectorate and the number of workplaces liable to inspection.

Articles 14 and 21 of Convention No. 81 and Articles 19 and 27 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. Content of the annual inspection reports. With reference to its previous comment, the Committee notes the statistical information contained in the Government’s report on the number of occupational injuries and fatalities in the years 2020 (1,020 occupational injuries and 19 fatalities), 2021 (467 and 19), and the first half of 2022 (708 and 4). It also notes that the Government did not provide information on the cases of occupational diseases notified to the labour inspectorate. The Committee once again requests the Government to ensure that statistical information on the number of industrial accidents and cases of occupational disease is notified to the labour inspectorate and that this information is reflected in the annual inspection reports in accordance with Article 21(f)–(g) of Convention No. 81 and Article 27(f)–(g) of Convention No. 129.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Content of annual reports on the work of the labour inspection services. The Committee notes that the Government did not transmit the annual labour inspection reports to the ILO. It notes the statistical information contained in the six-monthly reports on the work of the labour inspection services published on the website of the State Labour Inspectorate, including the number of labour inspectors and the number of labour inspection visits carried out, disaggregated by region and sector of economic activity. It also notes the information provided by the Government on the number of violations detected, enforcement measures applied, and occupational injuries and fatalities reported from 2020 to the first half of 2022. The Committee once again requests the Government to take the necessary measures to ensure that the annual labour inspection reports are regularly published and communicated to the ILO, and that they contain information on all the subjects covered by Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Article 12 of Convention No. 129. Cooperation between the inspection services in agriculture and government services. With reference to its previous comment, the Committee notes the information provided by the Government on the joint inspections carried out between the State Labour Inspectorate and various government services, including the Ministry of Internal Affairs, the Public Prosecutor’s Office for injuries at work, the State Inspectorate of Environment and the State Inspectorate of Construction and Urban Planning. It notes that 88 joint inspections were carried out during 2021 and the first half of 2022.

It also notes the Government’s indication that joint inspections between the State Labour Inspectorate and the State Inspectorate for Agriculture are envisaged and that the Inspection Council will organize coordination meetings to ensure more effective joint action. The Committee requests the Government to continue to provide information on the measures taken to promote effective cooperation between the State Labour Inspectorate and government services, in particular on the joint inspections carried out in cooperation with the State Inspectorate for Agriculture.

Labour Administration Convention, 1978 (No. 150)

Article 7 of the Convention. Progressive extension of the functions of the system of labour administration to certain categories of workers. Noting the absence of information on this matter, the Committee once again requests the Government to provide information regarding any developments on the intention to extend labour administration activities to workers engaged in the occupations listed under Article 7 of the Convention.

Article 10. Staff of the labour administration system.While noting the information provided by the Government on the number of staff and the financial resources provided to the State Labour Inspectorate, the Committee once again requests the Government to provide information on the number of staff and the material means and financial resources provided to the Ministry of Labour and Social Policy and its affiliated agencies and bodies, as well as on accreditation and recruitment procedures for those labour administration staff other than labour inspectors.

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

Previous comment

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.

Article 3(1)(a) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Labour inspection activities with regard to foreign workers and the protection of foreign workers in an irregular situation. With reference to its previous comment, the Committee notes the Government’s indication in its report that, due to the lack of a developed analytical data center of the State Labour Inspectorate, it is unable to provide information on the violation of labour rights of foreign workers. It also notes that the Government does not provide information on the measures taken to ensure that the functions assigned to labour inspectors do not interfere with the primary functions of labour inspectors as defined in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. The Committee urges the Government to adopt the necessary measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to ensure the protection of workers in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It also once again requests the Government to provide information on the action taken by the State Labour Inspectorate to ensure: (i) the enforcement of the rights of foreign workers found in an irregular situation, such as the payment of outstanding wages, annual leave and social security benefits; and (ii) improved data on the recovery of wage and social security credits specific to foreign workers without a residence permit.

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

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

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

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour inspection: Conventions Nos 81 and 129

Legislation. The Committee notes the overlapping provisions of the Law on Labour Inspection (LLI), 2002 (as amended) and the Law on Inspection Supervision (LIS), 2011 (as amended) (which applies to all supervisory bodies, not only the labour inspectorate). Pursuant to section 18(2) of the LIS, inspectors are authorized to undertake procedures and activities in accordance with the LIS and LLI with no explicit reference to the legal hierarchy in terms of their application.The Committee requests the Government to provide information on the extent to which labour inspectors are bound by the principles established under the LIS as well as on how the overlapping or conflicting provisions under the LIS and LLI are applied in practice to the daily work of labour inspectors.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Undeclared work. Following its previous comments, the Committee notes that labour inspectors are able to issue a decision to order the employer to enter into a permanent employment contract when they detect undeclared work without an appropriate employment contract and registration in the compulsory social insurance scheme (section 259 of the Labour Relations Law).Noting the Government’s failure to reply to its previous request for information on the labour inspection activities related to undeclared work, including the proportion of time and resources spent on activities related to undeclared work compared with the time spent on securing the enforcement of legal provisions relating to other areas (e.g. working hours, wages, occupational safety and health (OSH), child labour), the Committee once again requests the Government to provide this information, including information on the State Labour Inspectorate’s activities on undeclared work, including the number of inspections, violations found, orders for the entrance into employment contracts, and subsequent penalties imposed.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Structure of the labour inspection system. Supervision and control by a central authority. The Committee welcomes the Government’s indication that as of 2014, the State Labour Inspectorate became an independent body within the Ministry of Labour and Social Policy (MoLSP), as a legal entity with its own budget account. However, the Committee takes note of the Government’s indication that the Inspection Council (IC) established under the LIS is charged with supervising all the state inspection authorities, including coordinating the work of inspection services and monitoring the application of inspection procedures and the performance of each inspection institution, accompanied by disciplinary procedures for inspectors.The Committee requests the Government to provide information on the impact of the supervision by the IC on the activities of the labour inspectorate.

Articles 5(a), 13 and 14 of Convention No. 81 and Articles 12(1), 18, and 19 of Convention No. 129. Cooperation between the inspection services and government services in the areas of OSH. The Committee notes the detailed information in the Government’s report, in reply to its previous comments, on the cooperation between the Health Insurance Fund and the State Labour Inspectorate, as well as the information on the number of occupational injuries and fatalities in 2013, 2014 and 2015. The Committee notes with interest the information contained in the annual labour inspection report for the work of 2017 (2017 Annual Report) that labour inspectors and sanitary health inspectors carry out joint and coordinated inspections. In 2017, a total of 156 such joint inspections were carried out.The Committee requests the Government to continue to provide information on the impact of the LIS on the enforcement of OSH legislation and the prevention of industrial accidents and cases of occupational disease and to provide information on the outcomes of the joint inspections (including the number of detected violations, subsequent corrective measures taken and sanctions imposed).

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 13, 22, 23 and 24 of Convention No. 129. Legal proceedings and adequate penalties. Cooperation with the judiciary. The Committee notes the statistical information contained in the 2017 Annual Report on the administrative measures or orders issued, misdemeanour charges filed, sanctions applied, and criminal charges filed. The Committee also notes that, under the misdemeanour procedure, the amount of the established fines can be reduced to half, based on the liable employer’s agreement to settlement for paying the fine within eight days (section 266(c) of the Labour Relations Law). It further notes the information contained in the Government’s report that labour inspectors collaborate with the courts through participation as a witness in the court hearings.The Committee requests the Government to indicate the impact of the settlement procedures on the protection of workers’ rights and the manner in which it ensures that penalties for violations are effectively enforced and remain sufficiently dissuasive. The Committee requests the Government to continue to provide statistics of violations, administrative measures, settlement procedures and penalties imposed, disaggregated by the nature of infringements according to the legal provisions to which they relate.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers or their organizations. The Committee requests the Government to indicate whether the State Labour Inspectorate is able to collaborate or consult with employers’ and workers’ organizations on any of the matters under the supervision of the IC which relate to the labour inspection system and its functioning. It also once again requests the Government to provide detailed information on the activities of the Council for Occupational Safety and Health and the Economic and Social Council in relation to labour inspection.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspection staff. The Committee notes that, pursuant to section 3 of the LLI, the Director of the State Labour Inspectorate is now appointed by the Government for a four-year term with the possibility of extension and is mandated to develop an annual programme for the work of the State Labour Inspectorate and submit it to the IC for review. The Director is responsible for: reporting to the IC on the implementation of the work plan on a quarterly basis; preparing each inspector’s monthly plan of work; and preparing and submitting an annual report to the IC. The Committee notes that, pursuant to section 19(j) of the LIS, inspectors are subject to annual evaluations, which are taken into account for salary increases, promotions or disciplinary procedures for unsatisfactory performance.The Committee requests the Government to provide more detailed information on the application in practice of the evaluation process under the LIS, including the number of inspectors receiving salary increases, the number receiving salary decreases, the number of disciplinary procedures undertaken, the number of appeals from salary decreases or disciplinary procedures, and the outcomes of these procedures.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors and specific training for labour inspectors in agriculture. The Committee notes the information in the Government’s report, in reply to its previous comments, that labour inspectors in OSH are university graduates in mechanical engineering, civil engineering, architecture, technology, electrical engineering and occupational safety with a minimum of three years’ work experience. It also notes that, in addition to the professional requirements in terms of the LLI, the LIS obliges all state inspectors including labour inspectors to pass an inspector examination and obtain a licence. The IC is responsible for the examination, licensing, professional qualification and specialization of inspectors. The Government states that OSH inspectors attend mandatory internal training in order to update them on legal developments, as well as training courses arranged with external experts. The Committee further notes the information in the 2017 Annual Report that four training courses were organized on minimum wages and general administrative procedure in performing inspection supervision under a project for Modernization of the Inspection Services, and a number of information sessions were offered in the course of 2017.The Committee requests the Government to continue to provide information on training of inspectors, including training focused on the technical knowledge and skills for labour inspectors in agriculture. Recalling the importance of specific training for the performance of labour inspection duties in agriculture and related issues, the Committee also requests the Government to take the necessary measures to ensure that labour inspectors are provided with specific training in this area, upon their entry into service and in the course of employment.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration with private experts in OSH-related matters. The Committee notes the Government’s indication, in reply to its previous comments on the supervision of entities or persons licensed to perform expert tasks in the area of OSH that the State Labour Inspectorate prepares a report twice a year on the OSH violations detected by private experts or professionals licensed by the MoLSP.The Committee requests the Government to ensure that the reports on the OSH violations detected by private experts or professionals are reflected in the annual labour inspection report and transmitted to the ILO.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Resources of the labour inspection system and inspection visits. The Committee previously noted the decrease in the number of regular inspections and insufficient material means available to labour inspectors. It notes that, according to the Government’s report and the 2017 Annual Report, the number of regular inspections in the areas of labour relations has further declined from 22,973 in 2015 to 13,255 in 2017, despite a slight increase in the number of labour inspectors, from 114 in 2015 up to 118 in 2017.Recalling the importance of ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to provide information on the reasons for the significant decrease in the overall number of regular labour inspections undertaken. It requests the Government to continue to provide information on the number of inspections undertaken and the number of labour inspectors, and the budgetary allocation to the State Labour Inspectorate, as well as information on the coverage of workplaces liable to inspections.

Articles 14 and 21 of Convention No. 81 and Articles 19 and 27 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. Content of the annual inspection reports. The Committee notes the statistical information in the Government’ report on the number of occupational injuries, diseases and deaths for the years 2013–15: there was an increase in the number of serious injuries and occupational fatalities from 2013 to 2015 (from 1,338 to 1,461 and 16 to 24 respectively). However, the Committee notes that the 2017 Annual Report does not appear to contain equivalent statistical information.The Committee requests the Government to ensure that statistical information on the number of industrial accidents and cases of occupational disease is collected, and this information is reflected in annual labour inspection reports in accordance with Article 21(f)–(g) of Convention No. 81 and Article 27(f)–(g) of Convention No. 129.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Content of annual reports on the work of the labour inspection services. The Committee notes that the 2017 Annual Report contains information on the number of labour inspectors and the number of inspections performed (as required by Article 21(b) and (d) of Convention No. 81). The Committee observes, however, that the 2017 Annual Report does not contain information on the numbers of workplaces liable to inspection and of workers employed therein, the statistics on violations, industrial accidents, and occupational diseases (Article 21(c), (e), (f) and (g) of Convention No. 81 respectively). Furthermore, no disaggregated data or specific information on labour inspection activities in agriculture is provided (as required by Articles 26 and 27 of Convention No. 129). The Committee notes that the Government has recently sought ILO technical assistance with respect to data collection by the State Labour Inspectorate.The Committee urges the Government to pursue its efforts to ensure that the annual labour inspection report contains full information on the labour inspection services including in agriculture, required by Article 21(c), (e), (f) and (g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129, and transmit them to the ILO.

Issues specifically concerning labour inspection in agriculture

Article 12 of Convention No. 129. Cooperation between the inspection services in agriculture and government services. The Committee previously noted the Government’s indication that inspections would be carried out with the State Inspectorate for Agriculture (SIA) as part of the implementation of the Rulebook on minimal requirements for occupational safety and health of workers exposed to risks related to chemical substances. It notes the Government’s indication, in reply to its previous comments, that no joint inspections were performed by the State Labour Inspectorate and the SIA.The Committee requests the Government to indicate the reasons why joint inspections by the State Labour Inspectorate and the SIA have not been implemented and to provide information on any collaboration in the agricultural sector undertaken by the State Labour Inspectorate or the SIA with other government services or institutions engaged in similar activities.

Labour administration: Convention No. 150

The Committee notes the information provided by the Government in its first report on the application of the Convention.

Articles 5 and 9 of the Convention. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. The Committee notes the Government’s indication that the national tripartite Economic and Social Council plays a role in giving effect to the application of Article 5of the Convention.With regard to the activities of the Economic and Social Council, the Committee refers to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 6(2)(a). Preparation, administration, coordination, checking and review of the national employment policy by the competent bodies within the system of labour administration. With regard to the national employment policy, the Committee refers to its comments on the Employment Policy Convention, 1964 (No. 122).

Article 7. Progressive extension of the functions of the system of labour administration to certain categories of workers. The Committee notes the Government’s statement that the labour administration system does not cover persons who, pursuant to the law, are unemployed. The Government indicates that it monitors the situation and will extend the existing labour administration system if there is a need to do so.The Committee requests the Government to continue to provide information regarding any developments on the intention to extend labour administration activities to workers engaged in occupations listed in Article 7 of the Convention.

Article 10. Staff of the labour administration system. The Committee notes the information in the Government’s report on the number of labour inspectors, regular training offered to the employees of the bodies under the labour administration system, and the organizational chart.The Committee requests the Government to provide information on the number of staff of the labour administration system, as well as information on accreditation and recruitment procedures for those labour administration staff other than labour inspectors. It also requests the Government to provide information on the material means and the financial resources provided.

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

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.

Article 3(1)(a) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Labour inspection activities with regard to foreign workers and the protection of foreign workers in an irregular situation. The Committee notes the Government’s indication, in reply to its previous comments, that labour inspectors carry out the supervision of the implementation of the Law on Employment of Foreign Nationals (LEFN) during regular inspections in the areas of labour relations. The Committee notes that, pursuant to section 18(2) of the Law, the monitoring of its implementation shall be carried out by the State Labour Inspectorate (SLI) and pursuant to section 18(3), labour inspections related to work permits and illegal employment or work of foreign nationals may be carried out ex officio or at the request of the Employment Service Agency (ESA). The SLI is then obliged to submit reports every six months regarding the instituted procedures and imposed misdemeanour sanctions to the ESA pursuant to section 18(4) of the LEFN. Fines can be imposed not only on an employer or a facilitator of illegal work, but also on a foreign national if she or he does not present the work permit when requested by the SLI (section 27). The Committee recalls that, pursuant to Article 3 of Convention No. 81 and Article 6 of Convention No. 129, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Further, in its 2006 General Survey, Labour inspection, paragraph 78, the Committee indicated that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. Referring to paragraph 452 of the 2017 General Survey on certain occupational safety and health instruments, the Committee recalls that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country.The Committee requests the Government to take specific measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to ensure the protection of workers in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It requests the Government to provide information on action undertaken by the inspectorate to ensure the enforcement of the rights of foreign workers found to be in an irregular situation. It further asks the Government to provide information on the number of cases in which foreign workers found to be in an irregular situation have been granted their due rights, such as the payment of outstanding wages or social security benefits.

The Committee is raising 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 2021, published 110th ILC session (2022)

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

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour inspection: Conventions Nos 81 and 129

Legislation. The Committee notes the overlapping provisions of the Law on Labour Inspection (LLI), 2002 (as amended) and the Law on Inspection Supervision (LIS), 2011 (as amended) (which applies to all supervisory bodies, not only the labour inspectorate). Pursuant to section 18(2) of the LIS, inspectors are authorized to undertake procedures and activities in accordance with the LIS and LLI with no explicit reference to the legal hierarchy in terms of their application. The Committee requests the Government to provide information on the extent to which labour inspectors are bound by the principles established under the LIS as well as on how the overlapping or conflicting provisions under the LIS and LLI are applied in practice to the daily work of labour inspectors.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Undeclared work. Following its previous comments, the Committee notes that labour inspectors are able to issue a decision to order the employer to enter into a permanent employment contract when they detect undeclared work without an appropriate employment contract and registration in the compulsory social insurance scheme (section 259 of the Labour Relations Law). Noting the Government’s failure to reply to its previous request for information on the labour inspection activities related to undeclared work, including the proportion of time and resources spent on activities related to undeclared work compared with the time spent on securing the enforcement of legal provisions relating to other areas (e.g. working hours, wages, occupational safety and health (OSH), child labour), the Committee once again requests the Government to provide this information, including information on the State Labour Inspectorate’s activities on undeclared work, including the number of inspections, violations found, orders for the entrance into employment contracts, and subsequent penalties imposed.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Structure of the labour inspection system. Supervision and control by a central authority. The Committee welcomes the Government’s indication that as of 2014, the State Labour Inspectorate became an independent body within the Ministry of Labour and Social Policy (MoLSP), as a legal entity with its own budget account. However, the Committee takes note of the Government’s indication that the Inspection Council (IC) established under the LIS is charged with supervising all the state inspection authorities, including coordinating the work of inspection services and monitoring the application of inspection procedures and the performance of each inspection institution, accompanied by disciplinary procedures for inspectors. The Committee requests the Government to provide information on the impact of the supervision by the IC on the activities of the labour inspectorate.

Articles 5(a), 13 and 14 of Convention No. 81 and Articles 12(1), 18, and 19 of Convention No. 129. Cooperation between the inspection services and government services in the areas of OSH. The Committee notes the detailed information in the Government’s report, in reply to its previous comments, on the cooperation between the Health Insurance Fund and the State Labour Inspectorate, as well as the information on the number of occupational injuries and fatalities in 2013, 2014 and 2015. The Committee notes with interest the information contained in the annual labour inspection report for the work of 2017 (2017 Annual Report) that labour inspectors and sanitary health inspectors carry out joint and coordinated inspections. In 2017, a total of 156 such joint inspections were carried out. The Committee requests the Government to continue to provide information on the impact of the LIS on the enforcement of OSH legislation and the prevention of industrial accidents and cases of occupational disease and to provide information on the outcomes of the joint inspections (including the number of detected violations, subsequent corrective measures taken and sanctions imposed).

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 13, 22, 23 and 24 of Convention No. 129. Legal proceedings and adequate penalties. Cooperation with the judiciary. The Committee notes the statistical information contained in the 2017 Annual Report on the administrative measures or orders issued, misdemeanour charges filed, sanctions applied, and criminal charges filed. The Committee also notes that, under the misdemeanour procedure, the amount of the established fines can be reduced to half, based on the liable employer’s agreement to settlement for paying the fine within eight days (section 266(c) of the Labour Relations Law). It further notes the information contained in the Government’s report that labour inspectors collaborate with the courts through participation as a witness in the court hearings. The Committee requests the Government to indicate the impact of the settlement procedures on the protection of workers’ rights and the manner in which it ensures that penalties for violations are effectively enforced and remain sufficiently dissuasive. The Committee requests the Government to continue to provide statistics of violations, administrative measures, settlement procedures and penalties imposed, disaggregated by the nature of infringements according to the legal provisions to which they relate.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers or their organizations. The Committee requests the Government to indicate whether the State Labour Inspectorate is able to collaborate or consult with employers’ and workers’ organizations on any of the matters under the supervision of the IC which relate to the labour inspection system and its functioning. It also once again requests the Government to provide detailed information on the activities of the Council for Occupational Safety and Health and the Economic and Social Council in relation to labour inspection.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspection staff. The Committee notes that, pursuant to section 3 of the LLI, the Director of the State Labour Inspectorate is now appointed by the Government for a four-year term with the possibility of extension and is mandated to develop an annual programme for the work of the State Labour Inspectorate and submit it to the IC for review. The Director is responsible for: reporting to the IC on the implementation of the work plan on a quarterly basis; preparing each inspector’s monthly plan of work; and preparing and submitting an annual report to the IC. The Committee notes that, pursuant to section 19(j) of the LIS, inspectors are subject to annual evaluations, which are taken into account for salary increases, promotions or disciplinary procedures for unsatisfactory performance. The Committee requests the Government to provide more detailed information on the application in practice of the evaluation process under the LIS, including the number of inspectors receiving salary increases, the number receiving salary decreases, the number of disciplinary procedures undertaken, the number of appeals from salary decreases or disciplinary procedures, and the outcomes of these procedures.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors and specific training for labour inspectors in agriculture. The Committee notes the information in the Government’s report, in reply to its previous comments, that labour inspectors in OSH are university graduates in mechanical engineering, civil engineering, architecture, technology, electrical engineering and occupational safety with a minimum of three years’ work experience. It also notes that, in addition to the professional requirements in terms of the LLI, the LIS obliges all state inspectors including labour inspectors to pass an inspector examination and obtain a licence. The IC is responsible for the examination, licensing, professional qualification and specialization of inspectors. The Government states that OSH inspectors attend mandatory internal training in order to update them on legal developments, as well as training courses arranged with external experts. The Committee further notes the information in the 2017 Annual Report that four training courses were organized on minimum wages and general administrative procedure in performing inspection supervision under a project for Modernization of the Inspection Services, and a number of information sessions were offered in the course of 2017. The Committee requests the Government to continue to provide information on training of inspectors, including training focused on the technical knowledge and skills for labour inspectors in agriculture. Recalling the importance of specific training for the performance of labour inspection duties in agriculture and related issues, the Committee also requests the Government to take the necessary measures to ensure that labour inspectors are provided with specific training in this area, upon their entry into service and in the course of employment.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration with private experts in OSH-related matters. The Committee notes the Government’s indication, in reply to its previous comments on the supervision of entities or persons licensed to perform expert tasks in the area of OSH that the State Labour Inspectorate prepares a report twice a year on the OSH violations detected by private experts or professionals licensed by the MoLSP. The Committee requests the Government to ensure that the reports on the OSH violations detected by private experts or professionals are reflected in the annual labour inspection report and transmitted to the ILO.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Resources of the labour inspection system and inspection visits. The Committee previously noted the decrease in the number of regular inspections and insufficient material means available to labour inspectors. It notes that, according to the Government’s report and the 2017 Annual Report, the number of regular inspections in the areas of labour relations has further declined from 22,973 in 2015 to 13,255 in 2017, despite a slight increase in the number of labour inspectors, from 114 in 2015 up to 118 in 2017. Recalling the importance of ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to provide information on the reasons for the significant decrease in the overall number of regular labour inspections undertaken. It requests the Government to continue to provide information on the number of inspections undertaken and the number of labour inspectors, and the budgetary allocation to the State Labour Inspectorate, as well as information on the coverage of workplaces liable to inspections.

Articles 14 and 21 of Convention No. 81 and Articles 19 and 27 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. Content of the annual inspection reports. The Committee notes the statistical information in the Government’ report on the number of occupational injuries, diseases and deaths for the years 2013–15: there was an increase in the number of serious injuries and occupational fatalities from 2013 to 2015 (from 1,338 to 1,461 and 16 to 24 respectively). However, the Committee notes that the 2017 Annual Report does not appear to contain equivalent statistical information. The Committee requests the Government to ensure that statistical information on the number of industrial accidents and cases of occupational disease is collected, and this information is reflected in annual labour inspection reports in accordance with Article 21(f)–(g) of Convention No. 81 and Article 27(f)–(g) of Convention No. 129.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Content of annual reports on the work of the labour inspection services The Committee notes that the 2017 Annual Report contains information on the number of labour inspectors and the number of inspections performed (as required by Article 21(b) and (d) of Convention No. 81). The Committee observes, however, that the 2017 Annual Report does not contain information on the numbers of workplaces liable to inspection and of workers employed therein, the statistics on violations, industrial accidents, and occupational diseases (Article 21(c), (e), (f) and (g) of Convention No. 81 respectively). Furthermore, no disaggregated data or specific information on labour inspection activities in agriculture is provided (as required by Articles 26 and 27 of Convention No. 129). The Committee notes that the Government has recently sought ILO technical assistance with respect to data collection by the State Labour Inspectorate. The Committee urges the Government to pursue its efforts to ensure that the annual labour inspection report contains full information on the labour inspection services including in agriculture, required by Article 21(c), (e), (f) and (g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129, and transmit them to the ILO.

Issues specifically concerning labour inspection in agriculture

Article 12 of Convention No. 129. Cooperation between the inspection services in agriculture and government services. The Committee previously noted the Government’s indication that inspections would be carried out with the State Inspectorate for Agriculture (SIA) as part of the implementation of the Rulebook on minimal requirements for occupational safety and health of workers exposed to risks related to chemical substances. It notes the Government’s indication, in reply to its previous comments, that no joint inspections were performed by the State Labour Inspectorate and the SIA. The Committee requests the Government to indicate the reasons why joint inspections by the State Labour Inspectorate and the SIA have not been implemented and to provide information on any collaboration in the agricultural sector undertaken by the State Labour Inspectorate or the SIA with other government services or institutions engaged in similar activities.

Labour administration: Convention No. 150

The Committee notes the information provided by the Government in its first report on the application of the Convention.

Articles 5 and 9 of the Convention. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. The Committee notes the Government’s indication that the national tripartite Economic and Social Council plays a role in giving effect to the application of Article 5 of the Convention. With regard to the activities of the Economic and Social Council, the Committee refers to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 6(2)(a). Preparation, administration, coordination, checking and review of the national employment policy by the competent bodies within the system of labour administration. With regard to the national employment policy, the Committee refers to its comments on the Employment Policy Convention, 1964 (No. 122).

Article 7. Progressive extension of the functions of the system of labour administration to certain categories of workers. The Committee notes the Government’s statement that the labour administration system does not cover persons who, pursuant to the law, are unemployed. The Government indicates that it monitors the situation and will extend the existing labour administration system if there is a need to do so. The Committee requests the Government to continue to provide information regarding any developments on the intention to extend labour administration activities to workers engaged in occupations listed in Article 7 of the Convention.

Article 10. Staff of the labour administration system. The Committee notes the information in the Government’s report on the number of labour inspectors, regular training offered to the employees of the bodies under the labour administration system, and the organizational chart. The Committee requests the Government to provide information on the number of staff of the labour administration system, as well as information on accreditation and recruitment procedures for those labour administration staff other than labour inspectors. It also requests the Government to provide information on the material means and the financial resources provided.

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

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

Repetition

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.

Article 3(1)(a) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Labour inspection activities with regard to foreign workers and the protection of foreign workers in an irregular situation. The Committee notes the Government’s indication, in reply to its previous comments, that labour inspectors carry out the supervision of the implementation of the Law on Employment of Foreign Nationals (LEFN) during regular inspections in the areas of labour relations. The Committee notes that, pursuant to section 18(2) of the Law, the monitoring of its implementation shall be carried out by the State Labour Inspectorate (SLI) and pursuant to section 18(3), labour inspections related to work permits and illegal employment or work of foreign nationals may be carried out ex officio or at the request of the Employment Service Agency (ESA). The SLI is then obliged to submit reports every six months regarding the instituted procedures and imposed misdemeanour sanctions to the ESA pursuant to section 18(4) of the LEFN. Fines can be imposed not only on an employer or a facilitator of illegal work, but also on a foreign national if she or he does not present the work permit when requested by the SLI (section 27). The Committee recalls that, pursuant to Article 3 of Convention No. 81 and Article 6 of Convention No. 129, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Further, in its 2006 General Survey, Labour inspection, paragraph 78, the Committee indicated that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. Referring to paragraph 452 of the 2017 General Survey on certain occupational safety and health instruments, the Committee recalls that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. The Committee requests the Government to take specific measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to ensure the protection of workers in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It requests the Government to provide information on action undertaken by the inspectorate to ensure the enforcement of the rights of foreign workers found to be in an irregular situation. It further asks the Government to provide information on the number of cases in which foreign workers found to be in an irregular situation have been granted their due rights, such as the payment of outstanding wages or social security benefits.

The Committee is raising 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 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour inspection: Conventions Nos 81 and 129

Legislation. The Committee notes the overlapping provisions of the Law on Labour Inspection (LLI), 2002 (as amended) and the Law on Inspection Supervision (LIS), 2011 (as amended) (which applies to all supervisory bodies, not only the labour inspectorate). Pursuant to section 18(2) of the LIS, inspectors are authorized to undertake procedures and activities in accordance with the LIS and LLI with no explicit reference to the legal hierarchy in terms of their application. The Committee requests the Government to provide information on the extent to which labour inspectors are bound by the principles established under the LIS as well as on how the overlapping or conflicting provisions under the LIS and LLI are applied in practice to the daily work of labour inspectors.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Undeclared work. Following its previous comments, the Committee notes that labour inspectors are able to issue a decision to order the employer to enter into a permanent employment contract when they detect undeclared work without an appropriate employment contract and registration in the compulsory social insurance scheme (section 259 of the Labour Relations Law). Noting the Government’s failure to reply to its previous request for information on the labour inspection activities related to undeclared work, including the proportion of time and resources spent on activities related to undeclared work compared with the time spent on securing the enforcement of legal provisions relating to other areas (e.g. working hours, wages, occupational safety and health (OSH), child labour), the Committee once again requests the Government to provide this information, including information on the State Labour Inspectorate’s activities on undeclared work, including the number of inspections, violations found, orders for the entrance into employment contracts, and subsequent penalties imposed.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Structure of the labour inspection system. Supervision and control by a central authority. The Committee welcomes the Government’s indication that as of 2014, the State Labour Inspectorate became an independent body within the Ministry of Labour and Social Policy (MoLSP), as a legal entity with its own budget account. However, the Committee takes note of the Government’s indication that the Inspection Council (IC) established under the LIS is charged with supervising all the state inspection authorities, including coordinating the work of inspection services and monitoring the application of inspection procedures and the performance of each inspection institution, accompanied by disciplinary procedures for inspectors. The Committee requests the Government to provide information on the impact of the supervision by the IC on the activities of the labour inspectorate.

Articles 5(a), 13 and 14 of Convention No. 81 and Articles 12(1), 18, and 19 of Convention No. 129. Cooperation between the inspection services and government services in the areas of OSH. The Committee notes the detailed information in the Government’s report, in reply to its previous comments, on the cooperation between the Health Insurance Fund and the State Labour Inspectorate, as well as the information on the number of occupational injuries and fatalities in 2013, 2014 and 2015. The Committee notes with interest the information contained in the annual labour inspection report for the work of 2017 (2017 Annual Report) that labour inspectors and sanitary health inspectors carry out joint and coordinated inspections. In 2017, a total of 156 such joint inspections were carried out. The Committee requests the Government to continue to provide information on the impact of the LIS on the enforcement of OSH legislation and the prevention of industrial accidents and cases of occupational disease and to provide information on the outcomes of the joint inspections (including the number of detected violations, subsequent corrective measures taken and sanctions imposed).

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 13, 22, 23 and 24 of Convention No. 129. Legal proceedings and adequate penalties. Cooperation with the judiciary. The Committee notes the statistical information contained in the 2017 Annual Report on the administrative measures or orders issued, misdemeanour charges filed, sanctions applied, and criminal charges filed. The Committee also notes that, under the misdemeanour procedure, the amount of the established fines can be reduced to half, based on the liable employer’s agreement to settlement for paying the fine within eight days (section 266(c) of the Labour Relations Law). It further notes the information contained in the Government’s report that labour inspectors collaborate with the courts through participation as a witness in the court hearings. The Committee requests the Government to indicate the impact of the settlement procedures on the protection of workers’ rights and the manner in which it ensures that penalties for violations are effectively enforced and remain sufficiently dissuasive. The Committee requests the Government to continue to provide statistics of violations, administrative measures, settlement procedures and penalties imposed, disaggregated by the nature of infringements according to the legal provisions to which they relate.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers or their organizations. The Committee requests the Government to indicate whether the State Labour Inspectorate is able to collaborate or consult with employers’ and workers’ organizations on any of the matters under the supervision of the IC which relate to the labour inspection system and its functioning. It also once again requests the Government to provide detailed information on the activities of the Council for Occupational Safety and Health and the Economic and Social Council in relation to labour inspection.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspection staff. The Committee notes that, pursuant to section 3 of the LLI, the Director of the State Labour Inspectorate is now appointed by the Government for a four-year term with the possibility of extension and is mandated to develop an annual programme for the work of the State Labour Inspectorate and submit it to the IC for review. The Director is responsible for: reporting to the IC on the implementation of the work plan on a quarterly basis; preparing each inspector’s monthly plan of work; and preparing and submitting an annual report to the IC. The Committee notes that, pursuant to section 19(j) of the LIS, inspectors are subject to annual evaluations, which are taken into account for salary increases, promotions or disciplinary procedures for unsatisfactory performance. The Committee requests the Government to provide more detailed information on the application in practice of the evaluation process under the LIS, including the number of inspectors receiving salary increases, the number receiving salary decreases, the number of disciplinary procedures undertaken, the number of appeals from salary decreases or disciplinary procedures, and the outcomes of these procedures.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors and specific training for labour inspectors in agriculture. The Committee notes the information in the Government’s report, in reply to its previous comments, that labour inspectors in OSH are university graduates in mechanical engineering, civil engineering, architecture, technology, electrical engineering and occupational safety with a minimum of three years’ work experience. It also notes that, in addition to the professional requirements in terms of the LLI, the LIS obliges all state inspectors including labour inspectors to pass an inspector examination and obtain a licence. The IC is responsible for the examination, licensing, professional qualification and specialization of inspectors. The Government states that OSH inspectors attend mandatory internal training in order to update them on legal developments, as well as training courses arranged with external experts. The Committee further notes the information in the 2017 Annual Report that four training courses were organized on minimum wages and general administrative procedure in performing inspection supervision under a project for Modernization of the Inspection Services, and a number of information sessions were offered in the course of 2017. The Committee requests the Government to continue to provide information on training of inspectors, including training focused on the technical knowledge and skills for labour inspectors in agriculture. Recalling the importance of specific training for the performance of labour inspection duties in agriculture and related issues, the Committee also requests the Government to take the necessary measures to ensure that labour inspectors are provided with specific training in this area, upon their entry into service and in the course of employment.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration with private experts in OSH-related matters. The Committee notes the Government’s indication, in reply to its previous comments on the supervision of entities or persons licensed to perform expert tasks in the area of OSH that the State Labour Inspectorate prepares a report twice a year on the OSH violations detected by private experts or professionals licensed by the MoLSP. The Committee requests the Government to ensure that the reports on the OSH violations detected by private experts or professionals are reflected in the annual labour inspection report and transmitted to the ILO.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Resources of the labour inspection system and inspection visits. The Committee previously noted the decrease in the number of regular inspections and insufficient material means available to labour inspectors. It notes that, according to the Government’s report and the 2017 Annual Report, the number of regular inspections in the areas of labour relations has further declined from 22,973 in 2015 to 13,255 in 2017, despite a slight increase in the number of labour inspectors, from 114 in 2015 up to 118 in 2017. Recalling the importance of ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to provide information on the reasons for the significant decrease in the overall number of regular labour inspections undertaken. It requests the Government to continue to provide information on the number of inspections undertaken and the number of labour inspectors, and the budgetary allocation to the State Labour Inspectorate, as well as information on the coverage of workplaces liable to inspections.

Articles 14 and 21 of Convention No. 81 and Articles 19 and 27 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. Content of the annual inspection reports. The Committee notes the statistical information in the Government’ report on the number of occupational injuries, diseases and deaths for the years 2013–15: there was an increase in the number of serious injuries and occupational fatalities from 2013 to 2015 (from 1,338 to 1,461 and 16 to 24 respectively). However, the Committee notes that the 2017 Annual Report does not appear to contain equivalent statistical information. The Committee requests the Government to ensure that statistical information on the number of industrial accidents and cases of occupational disease is collected, and this information is reflected in annual labour inspection reports in accordance with Article 21(f)–(g) of Convention No. 81 and Article 27(f)–(g) of Convention No. 129.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Content of annual reports on the work of the labour inspection services The Committee notes that the 2017 Annual Report contains information on the number of labour inspectors and the number of inspections performed (as required by Article 21(b) and (d) of Convention No. 81). The Committee observes, however, that the 2017 Annual Report does not contain information on the numbers of workplaces liable to inspection and of workers employed therein, the statistics on violations, industrial accidents, and occupational diseases (Article 21(c), (e), (f) and (g) of Convention No. 81 respectively). Furthermore, no disaggregated data or specific information on labour inspection activities in agriculture is provided (as required by Articles 26 and 27 of Convention No. 129). The Committee notes that the Government has recently sought ILO technical assistance with respect to data collection by the State Labour Inspectorate. The Committee urges the Government to pursue its efforts to ensure that the annual labour inspection report contains full information on the labour inspection services including in agriculture, required by Article 21(c), (e), (f) and (g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129, and transmit them to the ILO.

Issues specifically concerning labour inspection in agriculture

Article 12 of Convention No. 129. Cooperation between the inspection services in agriculture and government services. The Committee previously noted the Government’s indication that inspections would be carried out with the State Inspectorate for Agriculture (SIA) as part of the implementation of the Rulebook on minimal requirements for occupational safety and health of workers exposed to risks related to chemical substances. It notes the Government’s indication, in reply to its previous comments, that no joint inspections were performed by the State Labour Inspectorate and the SIA. The Committee requests the Government to indicate the reasons why joint inspections by the State Labour Inspectorate and the SIA have not been implemented and to provide information on any collaboration in the agricultural sector undertaken by the State Labour Inspectorate or the SIA with other government services or institutions engaged in similar activities.

Labour administration: Convention No. 150

The Committee notes the information provided by the Government in its first report on the application of the Convention.

Articles 5 and 9 of the Convention. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. The Committee notes the Government’s indication that the national tripartite Economic and Social Council plays a role in giving effect to the application of Article 5 of the Convention. With regard to the activities of the Economic and Social Council, the Committee refers to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 6(2)(a). Preparation, administration, coordination, checking and review of the national employment policy by the competent bodies within the system of labour administration. With regard to the national employment policy, the Committee refers to its comments on the Employment Policy Convention, 1964 (No. 122).

Article 7. Progressive extension of the functions of the system of labour administration to certain categories of workers. The Committee notes the Government’s statement that the labour administration system does not cover persons who, pursuant to the law, are unemployed. The Government indicates that it monitors the situation and will extend the existing labour administration system if there is a need to do so. The Committee requests the Government to continue to provide information regarding any developments on the intention to extend labour administration activities to workers engaged in occupations listed in Article 7 of the Convention.

Article 10. Staff of the labour administration system. The Committee notes the information in the Government’s report on the number of labour inspectors, regular training offered to the employees of the bodies under the labour administration system, and the organizational chart. The Committee requests the Government to provide information on the number of staff of the labour administration system, as well as information on accreditation and recruitment procedures for those labour administration staff other than labour inspectors. It also requests the Government to provide information on the material means and the financial resources provided.

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

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.

Article 3(1)(a) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Labour inspection activities with regard to foreign workers and the protection of foreign workers in an irregular situation. The Committee notes the Government’s indication, in reply to its previous comments, that labour inspectors carry out the supervision of the implementation of the Law on Employment of Foreign Nationals (LEFN) during regular inspections in the areas of labour relations. The Committee notes that, pursuant to section 18(2) of the Law, the monitoring of its implementation shall be carried out by the State Labour Inspectorate (SLI) and pursuant to section 18(3), labour inspections related to work permits and illegal employment or work of foreign nationals may be carried out ex officio or at the request of the Employment Service Agency (ESA). The SLI is then obliged to submit reports every six months regarding the instituted procedures and imposed misdemeanour sanctions to the ESA pursuant to section 18(4) of the LEFN. Fines can be imposed not only on an employer or a facilitator of illegal work, but also on a foreign national if she or he does not present the work permit when requested by the SLI (section 27). The Committee recalls that, pursuant to Article 3 of Convention No. 81 and Article 6 of Convention No. 129, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Further, in its 2006 General Survey, Labour inspection, paragraph 78, the Committee indicated that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. Referring to paragraph 452 of the 2017 General Survey on certain occupational safety and health instruments, the Committee recalls that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. The Committee requests the Government to take specific measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to ensure the protection of workers in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It requests the Government to provide information on action undertaken by the inspectorate to ensure the enforcement of the rights of foreign workers found to be in an irregular situation. It further asks the Government to provide information on the number of cases in which foreign workers found to be in an irregular situation have been granted their due rights, such as the payment of outstanding wages or social security benefits.

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

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

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

Article 4 of the Convention. Structure of the labour inspection system. Noting that the Government confines itself to indicating that inspectors are allocated in 30 district units, the Committee once again requests the Government to describe the structure of the labour inspection system including the number and coverage of the various divisions and offices at the central and local levels.

Articles 5(a), 13 and 14. Preventive measures in the field of labour relations and occupational safety and health (OSH). The Committee notes with interest that, according to the Government, cooperation has been established with the Health Insurance Fund – Skopje. The Government also indicates that, the State Labour Inspectorate of technical inspections prepared reports on occupational injuries, on the basis of the memoranda of cooperation between the Ministry of Labour and the Institute of Public Health, the Institute of Labour Medicine and the Ministry of the Economy. The Committee also notes the information on the adoption of a rulebook on education (Official Gazette of the Republic of Macedonia, No. 185/2011). Furthermore, the Committee notes that, according to the Government, the number of cases where labour inspectors prohibited the operation of the workplaces increased from 92 to 287 between 2009 and 2012. It also notes the information on the trends of occupational accidents which, according to the Government, appear to be on the increase. The Government indicates that this might be due to the fact that a greater number of accidents are reported. The Committee requests the Government to provide a copy of the abovementioned report on occupational injuries and to further elaborate on the cooperation with the Health Insurance Fund – Skopje and on its impact on the enforcement of OSH legislation and the prevention of industrial accidents and cases of occupational diseases.

The Committee also requests the Government to explain the reasons for the increase in the number of cases where labour inspectors prohibited the operation of the workplaces, and to provide information on cases of occupational diseases reported.

It also once again asks the Government to provide information on the use of checklists prepared by the State Labour Inspectorate and submitted to employers in order to familiarize them with their OSH obligations. Please keep the Office informed of the developments in the elaboration of the OSH strategy, if any, and communicate a copy of this document once adopted.

Article 5(b). Collaboration with employers and workers or their organizations. The Committee notes that, according to the Government, in April 2013, the Council for OSH adopted its rules of procedure. The Committee requests the Government to provide a copy of the abovementioned rules of procedure, and to provide more detailed information on the activities of the Council for Occupational Safety and Health and the Economic and Social Council in relation to labour inspection (for example: content, frequency and impact on the application of the Convention).

Article 9. Collaboration with private experts in OSH – related matters. The Committee notes the information on the entry into force of the rulebook on the costs of issuing licenses for experts and examinations in OSH (Official Gazette of the Republic of Macedonia, No. 56/12). It also notes that, according to the Government, inspectors may initiate a procedure calling upon the Minister to revoke licences if the tasks are not performed in accordance with the relevant OSH regulations, and that one license has been revoked for not fulfilling the general conditions for work. The Committee requests the Government to provide copies of the texts of the specific provisions of the abovementioned rulebook giving inspectors the responsibility to revoke licences, if any. It also once again requests the Government to provide information on the manner in which labour inspectors supervise entities or persons licensed to perform expert tasks in the area of OSH (for example, coverage of workplaces and effectiveness of the performances of the duties entrusted to them, such as risk assessments, regular testing and control of the working equipment, etc.).

Articles 11 and 16. Material means available to labour inspectors and inspection visits. The Committee notes that, according to the Government, labour inspectors are provided with fuel and vehicles, and that the remaining costs are not compensated. The Committee also notes from the Government’s report that, between 2010 and 2012, regular inspections decreased from 31,571 to 28,745. The Committee requests the Government to provide information on the remaining costs that are not compensated, and to indicate the measures taken to ensure that the necessary resources are allocated to the labour inspection system for its effective operation.

Article 14. Notification of industrial accidents and cases of occupational disease. The Government indicates that, in accordance with the EU Directive 89/391/EEC, section 36 of Act No. 53/2013 establishes that employers have to notify the State Labour Inspectorate “immediately or within 48 hours of any fatalities, collective accidents and injuries at work causing timely incapability of work longer than three working days”. The Committee also notes the samples of forms that employers are required to fill to notify accidents, in accordance with the rulebook on the manner of keeping records in the area of safety and health at work (Official Gazette of the Republic of Macedonia, No. 136/2007).

Furthermore, the Committee welcomes the information that the State Labour Inspectorate prepared a detailed analysis of registered accidents in 2012, indicating the sector of activity to which they relate and both their causes and consequences. The Committee requests the Government to provide details on the outcome of the analysis of registered accidents. Furthermore, noting that, according to the Government, it is necessary to implement an integrated system to monitor and report occupational accidents and diseases, the Committee requests the Government to keep the Office informed of any measures taken in this respect.

Articles 17 and 18. Legal proceedings and adequate penalties. The Committee notes the information on the specific provisions of the Act on safety and health at work (Official Gazette of the Republic of Macedonia, No. 53/2013) enabling labour inspectors to order remedial measures to correct any irregularities and to invite the responsible person to trainings relating to the area in which the irregularities was detected. It notes that, if the detected irregularities are not corrected, inspectors may submit a request for initiating a misdemeanour procedure to the misdemeanour commission (section 57 of Act No. 53/2013) or the competent court (section 58 of Act No. 53/2013).

The Government also indicates that the labour law determines three categories of offences and the respective sanctions accordingly, and that Act No. 53/2013 determines three categories of offences and one penalty for employers who do not respect the prescribed OSH measures and who fail to use the prescribed equipment for personal protection. The Committee also notes that, in 2012, 2,780 irregularities were detected and 2,410 were corrected, and that there were 370 requests for initiating a misdemeanour procedure against employers. The Government also indicates that in 34 cases the initiated procedures were successful and the procedure for mediation was cancelled. The Committee requests the Government to communicate copies of the texts of the specific provisions of the Labour Law and the Act No. 53/2013 on safety and health at work establishing penalties for different categories of infringements.

It also asks the Government to continue to provide statistics of violations and penalties imposed (for example, number and nature of infringements according to the legal provisions to which they relate; number of convictions and nature of penalties imposed).

Articles 19, 20 and 21. Annual report on the work of the inspection services. The Committee notes from the Government’s report that inspectors submit electronic copies of monthly reports on their activities to the State Labour Inspectorate. The Government also indicates that these reports contain, inter alia, information on the type of inspections, the irregularities detected and the decisions adopted in this respect. The Committee notes, however, that no annual report on the work of the labour inspectorate for 2012 has been transmitted to the Office and that the Government did not provide any information on the number of workplaces liable to inspection, or on the number of workers employed therein. The Committee requests the Government to indicate the measures taken to ensure the fulfilment by the central inspection authority of its obligation to publish and transmit to the ILO an annual report in accordance with Article 20 of the Convention, containing the information required by Article 21(a)–(g) of the Convention.

Finally, noting that the Government’s report does not appear to contain any information on cooperation with the judiciary (Article 5(a)) nor on the status and conditions of service of labour inspectors (Article 6), the Committee repeats its previous comment which reads as follows:

Article 5(a). Cooperation with the judiciary. The Committee once again, and with reference to section 20 of the Labour Inspection Act, requests the Government to provide a general appreciation of the current levels of cooperation between the labour inspectorate and other competent bodies, including the criminal courts and the commission responsible for minor offences relating to labour law (Misdemeanour Authority), and to describe the system through which the labour inspectorate is informed of their decisions on cases referred to them by the labour inspectorate.

Article 6. Status and conditions of service of labour inspectors. The Committee notes the Government’s indication that labour inspectors are civil servants governed by the Civil Servants Act. It also notes that the Government refers to civil servants as not being subject to a career-based system, but a position-based system. The Committee asks the Government to provide more detailed information on the position-based system, and to specify the way in which it is ensured that labour inspectors have stability of employment and remain independent of changes of government and of improper external influences. It also once again asks the Government to indicate the salary levels of labour inspectors in comparison to other comparable categories of public officers.

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

Article 3(1)(a) and (2) of the Convention. Functions entrusted to labour inspectors. Undeclared work. The Committee notes that, according to the Government, when inspectors detect the presence of workers in an irregular working relationship, they take administrative measures against the employers and transmit information on the workers to the Employment Service Agency and to the social security authorities, which then initiates procedures to remove them from the list of persons entitled to unemployment benefits and to cancel their social compensation. The Government indicates that, in 2012, 28,745 regular inspections were carried out. During the controls, inspectors detected 1,033 undeclared workers and submitted 941 requests for initiating a misdemeanour procedure against employers. The Government also indicates that irregularities were detected in 1,405 cases in relation to the payment of salaries, compensation and contributions and that, while a large number of irregularities were corrected after the inspectors intervened, the inspectors submitted requests for the initiation of misdemeanour procedures in 131 cases. The Committee refers to paragraphs 75–78 of its 2006 General Survey on labour inspection. It recalls that, in accordance with Article 3(2) of the Convention, additional duties that are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers should be assigned to labour inspectors, only in so far as they do not interfere with their primary duties, and shall not prejudice in any way the authority and impartiality that are necessary in their relations with employers and workers. The function of verifying the legality of employment should therefore have as its corollary the reinstatement of the statutory rights of all workers.

The Committee asks the Government to provide information on the time and resources of the labour inspectorate spent on activities in the area of undeclared work in relation to activities spent on securing the enforcement of legal provisions relating to other areas (such as provisions relating to working hours, wages, safety and health, child labour, etc.) and to continue to provide relevant information on the number of inspections, violations found and legal provisions to which they relate, and penalties imposed.

Furthermore, the Committee requests the Government to provide detailed information on the manner in which the labour inspectorate ensures the enforcement of employers’ obligations with regard to the rights of foreign workers in an irregular situation, such as the payment of wages and social security and other benefits for the period of their effective employment relationship, especially in cases where such workers are liable to expulsion from the country. It also asks the Government to provide information on the number of cases where undocumented workers have been granted their due rights.

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

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

Articles 3(1) and 17 of the Convention. Functions of the system of labour inspection and level of discretion exercised by labour inspectors. The Committee notes that the Government, in reply to its previous request concerning the competence of labour inspectors to give warnings and advice instead of instituting or recommending proceedings, indicates that there have been amendments to the Labour Relations Act and the Occupational Safety and Health (OSH) Act. The Committee understands from the Government’s report that these amendments enable labour inspectors to order, in addition to remedial measures to correct any defects identified within prescribed time limits, the participation of the person responsible for these violations in training relating to the area in which the defect was detected. The Committee understands that, after the completion of such training, the irregularity is considered as being addressed, if the detected irregularities are remedied and, if not, the labour inspectors can initiate minor offence proceedings. The Committee would be grateful if the Government would specify the legislative provisions, both in the consolidated OSH Act and the Labour Relations Act, to which it refers, and would provide further information on the level of discretion that labour inspectors may exercise under the terms of these Acts, as to whether to order remedial measures including a relevant training course, or immediately initiate minor offence proceedings.

The Committee further requests the Government to provide information and data on the application in practice of these provisions, including the number of cases in which the defects identified by labour inspectors have been remedied, or where minor offence procedures have been initiated.

The Committee would also be grateful if the Government would specify whether all violations of the consolidated OSH Act and the Labour Relations Act constitute minor offences and the penalties established in this regard.

Referring to its previous comment, the Committee also asks the Government to provide further information on the number of cases in which settlement or mediation procedures under the terms of the OSH Act have taken place, and to indicate their subjects (provisions or violations to which they related), as well as their outcome.

Articles 3(1)(b), 5(a), 13 and 17(2) of the Convention. Preventive measures in the field of labour relations and occupational safety and health (OSH). The Committee notes, from the annual report on the work of the labour inspectorate for 2010, that the National Labour Inspectorate has launched a website (www.dit.mk and www.dit.gov.mk), which contains information on the rights and obligations of employers and workers. The Committee further notes that, in order to raise awareness in the field of OSH and improve the application of the relevant legislation, the State Labour Inspectorate has prepared checklists, which are submitted to employers in order to familiarize them with their OSH obligations and to enable them to assess the level of compliance with OSH regulations in the workplaces under their responsibility. The Committee understands that these checklists, which employers have to complete and send to the National Labour Inspectorate, are used as an indicator to detect irregularities and defects and allow the National Labour Inspectorate to assume its functions more effectively with regard to the implementation of OSH regulations. The Committee requests the Government to keep the ILO informed of the implementation of this measure and its impact.

Noting the information provided in the annual labour inspection report for 2009 according to which in 92 cases labour inspectors prohibited the operation of the workplace due to immediate danger to the life and health of workers and that 5,929 orders have been issued in the area of OSH, the Committee asks the Government to continue to provide information and data on the preventive action taken by the labour inspectorate with a view to remedying defects observed in plant, layout or working methods which labour inspectors may have reasonable cause to believe constitute a threat to the health or safety of the workers, in addition to measures with immediate executory force in the event of imminent danger to the health or safety of the workers.

Noting also the information provided on the signing of a Memorandum of Understanding with a view to promoting cooperation between the National Labour Inspectorate and the National Occupational Safety and Health Association, as well as between the two agencies and the European Agency for Safety and Health at Work, the Committee requests the Government to keep the ILO informed of activities carried out in this framework and the impact of this cooperation on the enforcement of OSH legislation and the prevention of industrial accidents and cases of occupational disease.

Noting furthermore, that in 2010, steps have been taken for the elaboration of an OSH strategy in association with the Ministry of Health, the social partners, as well as other governmental and non-governmental institutions, the Committee requests the Government to keep the ILO informed of developments in this regard and to communicate a copy of the strategy once adopted, specifying the role and activities of the labour inspectorate in this framework.

Articles 3(2) and 5(a) of the Convention. Additional functions entrusted to labour inspectors and cooperation with other public institutions. The Committee notes the Government’s indication that the labour inspectorate plays a pivotal role in the prevention and detection of illegal employment and that approximately 50 inspections are carried out a month in this regard. It further notes that the State Labour Inspectorate has conducted a campaign aimed at combating the so-called “grey economy”, which was financed by a grant from the Netherlands in association with the World Bank, in the context of which it has published videos, broadcasted radio programmes and actively participated in information programmes. The Committee further notes the Government’s reference to amendments in the Labour Relations Act, according to which, in cases where workers are working without an employment contract or are not registered for mandatory social insurance, inspectors are required to order the establishment of a formal employment relationship between the worker and the employer for an indefinite period of time and the payment of the amount of three national average gross wages to the worker concerned. The Committee also notes that in accordance with article 59 of the Employment and Unemployment Insurance Act, the National Labour Inspectorate shall provide the employment agencies and social services centres within one week with personal data of the persons concerned. The Committee further notes that, in 2010, 2,918 workers without an employment contract have been identified and 1,391 decisions in conformity with the abovementioned amendments to the Labour Relations Act have been taken by labour inspectors. The Committee further notes that labour inspectors are empowered to prohibit work in cases where employers do not comply with the orders by labour inspectors regarding the employment relationship, the registration for mandatory social insurance or the payment of three average gross wages, and that 45 orders have been taken in 2010 following the non-compliance of employers in this regard. The Committee asks the Government to continue to provide information on the activities carried out by the labour inspectorate in the area of controlling undeclared work (particularly on the numbers, scope and nature of the controls carried out, violations found, legal proceedings instituted, remedies and sanctions imposed for undeclared work), and to specify the impact of these activities on the enforcement of legal provisions concerning conditions of work and the protection of workers. In particular, the Committee asks the Government to indicate the manner in which the labour inspectorate ensures that employers discharge their obligations with regard to workers in an irregular situation, such as the payment of wages and social security benefits in respect of the work already carried out and to provide copies of any judicial decisions ordering such payment.

Noting that the National Labour Inspectorate is required to provide employment agencies and social service centres with data on the persons concerned, the Committee requests the Government to specify the type of data shared, whether it concerns workers or employers or both, and the action taken, including any data exchange with other public institutions, in case the labour inspectorate detects work by undocumented migrant workers.

Article 5(a) of the Convention. Cooperation of the labour inspection services with other governmental bodies and institutions. The Committee notes the Government’s reference to the participation of the National Labour Inspectorate in the Coordination Body for Market Surveillance as well as in joint inspection visits with other institutions such as the State Market Inspectorate, the Customs Administration, the Public Revenue Office, the Financial Police, the Ministry of Internal Affairs (for the provision of police officers to ensure security during inspections), the Food and Veterinary Agency, the State Agricultural Inspectorate, the State Technical Inspectorate, and the State Environmental Inspectorate. It also notes that according to the Government, negotiations are under way for the conclusion of agreements on data exchange with a number of public institutions. The Committee requests the Government to supply further information on the forms and methods of cooperation between the National Labour Inspectorate and these institutions, and to provide copies of any agreements concluded.

Cooperation with the judiciary. The Committee once again, and with reference to section 20 of the Labour Inspection Act, requests the Government to provide a general appreciation of the current levels of cooperation between the labour inspectorate and other competent bodies, including the criminal courts and the commission responsible for minor offences relating to labour law (Misdemeanour Authority), and to describe the system through which the labour inspectorate is informed of their decisions on cases referred to them by the labour inspectorate.

Articles 4(1) and 19 of the Convention. Supervision and control by a central authority, particularly through regular reporting. The Committee notes the information provided by the Government that the National Labour Inspectorate consists of four sectors, namely the labour relations inspection, the OSH inspection, the OSH normative section and the coordination section. It further notes that, while regional labour inspectors currently submit their monthly reports to the National Labour Inspectorate by mail, steps have been taken for the establishment of an electronic communication and reporting system that is expected to become operational soon. The Committee once again asks the Government to describe the structure of the labour inspection system including the number and coverage of the various divisions and offices at the central and local levels. Furthermore, the Committee asks the Government to keep the ILO informed of the progress made on the establishment of the above electronic communication system, and once again asks it to describe the subjects covered by the monthly reports of the regional labour inspectorates and to furnish samples of these reports.

Article 5(b) of the Convention. Collaboration with employers and workers or their organizations. The Committee notes the Government’s general information on the functions of the Governmental Expert Advisory Council for OSH and the Economic and Social Council (discussions and, in the latter case, review of legislation on labour relations and OSH and the expression of relevant opinions). Noting that the Government has not provided any information in response to the specific questions raised previously, the Committee once again asks the Government to indicate the activities carried out by the Council for OSH and the Economic and Social Council in relation to labour inspection, and to provide details on the content, frequency and impact of seminars addressed to the social partners.

Furthermore, as the Government has not provided any information on the collaboration between the labour inspection services and the social partners at the enterprise level, and with reference to sections 28 and 29 of the OSH Act on the appointment of elected representatives with responsibility for OSH in workplaces, the Committee once again asks the Government to provide details, including examples, of the manner in which OSH representatives collaborate with labour inspectors. In this regard, the Committee would like to draw the Government’s attention to the guidance provided in Part II of Recommendation No. 81 on the types of possible collaboration between the labour inspectorate and employers and workers and their organizations.

Article 6. Status and conditions of service of labour inspectors. The Committee notes the Government’s indication that labour inspectors are civil servants governed by the Civil Servants Act. It also notes that the Government refers to civil servants as not being subject to a career-based system, but a position-based system. The Committee asks the Government to provide more detailed information on the position-based system, and to specify the way in which it is ensured that labour inspectors have stability of employment and remain independent of changes of government and of improper external influences. It also once again asks the Government to indicate the salary levels of labour inspectors in comparison to other comparable categories of public officers.

Article 7. Training of labour inspectors. The Committee notes the Government’s indication that labour inspectors are not provided with initial training, but that trainings are organized on a regular basis and cover both general subjects as well as subjects in the specific areas of competence of labour inspectors. In this regard, the Committee notes the Government’s reference to ten trainings in 2009 and five in 2010, and the indication that training mainly focused on the transposition and implementation of European OSH directives. The Committee further notes that representatives of the National Labour Inspectorate have participated in several seminars and workshops, amongst others organized or supported by the National Occupational Safety and Health Association, the International Organization for Migration (IOM), the ILO, the European Commission, the Government of France and the Norwegian Labour Inspectorate. The Committee would be grateful if the Government would continue to provide in its next report, detailed information on the training provided to labour inspectors during the reporting period, specifying the subjects covered, number of participants, duration, and impact of the training on the effective discharge of the duties of labour inspectors.

Article 11. Transportation facilities and other means of action available to the labour inspection services. The Committee notes with that, with the aim of modernizing the State Labour Inspectorate, all inspectors and executives have been provided with portable computers and printers (scanners-faxes-photocopiers) in every region, that all inspectors own a computer, and that there are 27 vehicles available to the labour inspectorate. However, the Committee notes that, as part of the measures by the Government to address the crisis, the travel expenses of labour inspectors are not being reimbursed. Emphasizing the importance of inspection visits for the effective discharge of labour inspection functions, the Committee requests the Government to indicate the measures taken or envisaged so as to ensure that allowances for inspection visits continue to be paid and that any additional costs incurred in the course of inspections are recovered through appropriate procedures.

Articles 9 and 13 of the Convention. Collaboration with private experts in the field of occupational safety and health. The Committee notes that a commission has been created in 2010 for the purpose of laying down the conditions for granting licenses to legal entities or natural persons, for the performance of certain tasks for employers relating to their legal requirement to ensure health and safety at work under the terms of the OSH Act (such as risk assessment, regular testing and control of working equipment, etc). According to the Government, the commission operates in compliance with the rulebooks issued by the Minister under section 46 of the OSH Act on the conditions and on the procedure for granting a license to an authorized legal entity or a natural person, and provides advice to the Minister of Labour and Social Policy on their decisions to grant licenses. The Committee further notes that the Government does not provide any information on the cooperation of labour inspectors with and their supervision of authorized legal entities or natural persons, but only general information on the existence of cooperation with OSH specialists, joint seminars and workshops and the duty of labour inspectors to supervise all OSH measures and regulations. The Committee therefore once again asks the Government to specify the manner in which labour inspectors supervise the entities or persons licensed under section 45 of the OSH Act to perform expert tasks in the area of OSH, and provide an evaluation of their operation in practice (coverage of workplaces and effectiveness of the performance of the duties entrusted to them, such as risk assessments, regular testing and control of the working equipment, etc.).

The Committee also once again asks the Government to provide a copy of the abovementioned rulebooks, and to specify the conditions under which licenses may be revoked, and the role of labour inspectors in this framework, if any.

Article 14 of the Convention. Notification of industrial accidents and cases of occupational disease. Noting that steps have been taken to amend the OSH Act so as to transpose the requirements of EU OSH Directives, and take into account the views of the National Labour Inspectorate, the social partners and other organizations in the framework of the notification of industrial accidents and cases of occupational disease, the Committee asks the Government to send a copy of the consolidated version of the OSH Act, once modified.

As the Committee understands that under the OSH Act in its current version, employers are only obliged to notify the labour inspection services in the case of industrial accidents, the Committee asks the Government to take steps to ensure that the revised OSH Act, in accordance with Article 14 of the Convention, also contains provisions concerning the notification by employers of cases of occupational disease.

Articles 5(a), 10, 14, 20 and 21 of the Convention. Number of labour inspection staff in relation to the number of workplaces liable to inspection. Content of annual labour inspection reports. With regard to the Committee’s previous comments concerning the adequacy of the available human resources in the light of the frequency of inspection visits required by article 13 of the Labour Inspection Act, the Committee notes the Government’s indication that the current number of 107 inspectors (i.e. 69 in the field of labour relations and 37 in the field of OSH) is sufficient in relation to the number of workplaces liable to inspection. However, the annual report on the work of the labour inspectorate for 2010, which was attached to the Government’s report, does not contain information on the number of workplaces liable to inspection, nor on the number of workers employed therein. It also does not contain information on statistics of cases of occupational disease.

In its 2009 general observation, the Committee indicated that, through the establishment of a register of workplaces and the workers employed therein, the central labour inspection authorities are provided with the data essential, among others, for the preparation of the annual report. It further noted that continuing inter-institutional cooperation between the labour inspection services and other government bodies and public or private institutions in possession of relevant data is particularly desirable to ensure that the register of workplaces and enterprises meets the expected objectives.

The Committee therefore notes the Government’s reference to ongoing negotiations for the conclusion of agreements on data exchange between the National Labour Inspectorate and the National Employment Agency, the National Central Registry, the National Public Revenue Office, Inter-municipal Centres for Social Affairs, and the National Statistics Office. The Committee asks the Government to keep the ILO informed of any measures taken or envisaged for the establishment of a register of workplaces liable to inspection and the workers employed therein and the publication of the relevant data in the annual labour inspection report. It requests the Government to indicate the impact in this regard of data exchange between the labour inspectorate the above public entities.

Noting also from the Government’s report that negotiations are underway for the conclusion of agreements on data exchange with the National Pension and Disability Insurance Fund, the Administrative Court, the Ministry of Health, the Public Health Institute, the Institute for Occupational Health and the Public Health Fund, it requests the Government to specify the content of these agreements and indicate the measures taken or envisaged to ensure the recording, notification and publication in the annual labour inspection report of statistics of occupational diseases.

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

The Committee takes note of the Government’s first report and the attached text of the Occupational Safety and Health Act, 2007 (OSH Act).

Articles 3(1) and 17(2) of the Convention. Functions of the system of labour inspection and discretion of labour inspectors. The Committee notes that under the provisions of the OSH Act, the Labour Inspection Act, 1997, and the Labour Relations Act, 2005, the functions of labour inspectors appear to be mostly confined to enforcement. Under section 31 of the OSH Act, the labour inspector may order adjustments to the OSH training programme of a workplace or a repetition of training, but does not appear to provide directly any training or advice. The Committee indicated in paragraph 85 of its General Survey of 2006 on labour inspection, that Conventions Nos 81 and 129 give the same importance to information and advice to employers and workers concerning the most effective means of complying with the legal provisions as to enforcement; and that these two functions are inextricably linked and represent the two key aspects of labour inspection. The Committee requests the Government to provide details on the activities of labour inspectors in the area of provision of information and advice, in the areas of labour relations and OSH through for instance awareness-raising campaigns in the media, training, etc. and to specify the impact of such activities in terms of improved compliance rates.

Referring to section 20 of the Labour Inspection Act and sections 259, 264 and 265 of the Labour Relations Act and, recalling that according to Article 17(2) of the Convention, it should be left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings, the Committee requests the Government to specify whether labour inspectors have such discretion and to provide relevant details.

Articles 4(1) and 19. Supervision and control by a central authority, notably through periodical reporting. According to the Government, the labour inspection system is under the supervision of the Ministry of Labour and Social Policy. The Committee requests the Government to describe the structure of the labour inspection system including the number and coverage of the various divisions and offices at the central and local levels.

Noting moreover, that there is no information in the report on the manner in which local inspection offices report to the central inspection authority (electronically or otherwise, subjects covered and frequency), the Committee requests the Government to provide such information as required by Article 19, and to furnish copy of any periodical activity report.

Article 5(a). Cooperation with other bodies and institutions. Cooperation with the justice system. The Committee draws the Government’s attention to the general observation made in 2007 on the importance of effective cooperation between the labour inspection services and the justice system with a view to ensuring the enforcement of legal provisions relating to conditions of work and the protection of workers. Referring to section 20 of the Law on labour inspection of 16 July 1997, the Committee requests the Government to provide a general appreciation of current cooperation levels between the labour inspectorate and competent bodies including the criminal courts and the Misdemeanour Authority which is the body in charge of labour-related issues, and to describe the system through which the labour inspectorate is informed of their decisions.

The Committee notes that under the OSH Act, labour inspectors may take steps with a view to remedying defects in plant layout or working methods and may even prohibit the operation of an equipment in whole or in part if the workers’ occupational safety and health is endangered (section 49(2)); the labour inspector may also ban the operation of the workplace altogether, if the identified irregularities and flaws are not eliminated within a determined period of time (section 49(1) and (3)). At the same time, labour inspectors can refer cases to the Misdemeanour Authority which may issue fines for violations of the Act (sections 52 and 54 OSH Act). Prior to such referral, labour inspectors must propose a settlement procedure to the employer aimed at overcoming the consequences of the violation (section 54(1) OSH Act) especially in relation to category I and II misdemeanours, for example, in case of failure to appoint one or more persons in charge of OSH, or adopt safety measures in the event of a fire or prepare a rescue and evacuation plan. Moreover, for category III misdemeanours (e.g. failure to prepare and implement a safety statement, allowing access to employees to working places exposed to serious and specific hazards, etc.), the inspectors may propose mediation aimed at removing the consequences of the misdemeanour (section 55 of the OSH Act). The mediation procedure takes place before a mediation commission established by the Minister (section 55(5)). Section 50 provides that after receiving a notification of mediation, the labour inspector shall immediately make an inspection and, where the life and health of employees are directly threatened, the inspector shall immediately prohibit the operation of the workplace until the necessary measures are taken. The Committee would be grateful if the Government would provide details illustrating the manner in which this system operates in practice, in particular:

–      the frequency of injunctions issued by labour inspectors;

–      the activities of the mediation commission (frequency, subjects and outcomes of mediation);

–      whether the labour inspectors may refer cases of OSH violations to the criminal courts; and

–      whether in the case of imminent danger due to category III misdemeanours, measures with immediate effect may be imposed by the labour inspector prior to the initiation of mediation proceedings (sections 49, 50 and 55 of the OSH Act).

Cooperation with private experts in the area of OSH. Also with reference to Articles 9 and 13, the Committee notes that section 6(1) of the OSH Act authorizes the employer to delegate the responsibilities and activities related to OSH to an authorized legal entity or to a natural person who may be licensed by the Minister for Labour and Social Policy under section 45 of the Act to perform expert tasks (risk assessments, regular testing and control of the working equipment, etc.). This does not exempt employers from their responsibilities in the area of OSH (section 6(3)). The Committee would be grateful if the Government would specify the manner in which the entities or persons licensed to perform expert tasks in the area of OSH cooperate with labour inspectors including the manner in which it is ensured that the risk assessment system and workplace OSH policies remain under the control of labour inspectors.

Moreover, noting that the conditions for granting a licence to an authorized legal entity or a natural person are to be laid down in a rulebook to be issued by the Minister under section 46 of the OSH Act and that licences may be revoked, inter alia, upon proposal of the labour inspector according to section 45(2) of the OSH Act, the Committee requests the Government to provide a copy of the rulebook and to specify the manner in which these entities are supervised.

Cooperation with other government services. According to the Government, the labour inspectorate is divided into two major departments, one focusing on the labour relationship and one on OSH. The department in charge of the labour relationship has almost twice as many inspectors as the department in charge of OSH (63 and 33, respectively). The detection of people who work without an employment contract takes place in full cooperation with other inspection services and the Employment Service Agency, through common inspections and data exchange. According to the Labour Inspection Act, “the labour inspector is authorized to request presentation of personal identification documents (personal identification cards, passports, etc.) from persons working for the employer, and they are obliged to show the documents requested” (section 11, paragraph 3); the inspectors may temporarily seize documents which are necessary for providing evidence and for determination of facts (section 12); the inspector may take statements from workers (employees), give oral or written orders and, where necessary, request assistance by competent state bodies (section 11, paragraph 2); finally, the labour inspector is obliged to inform another competent body if he/she finds that a regulation under the competencies of that other body has been violated (section 20).

The Committee recalls that the role of the labour inspectorate, pursuant to the provisions of the Convention, is in principle not to monitor the legality of the employment relationship but the conditions in which the work is performed. The Committee recalls that neither Convention No. 81 nor the Labour Inspection (Agriculture) Convention, 1969 (No. 129), contain any provision suggesting that any worker be excluded from the protection afforded by labour inspection on account of their irregular employment status (see General Survey, op. cit., paragraph 77). In view of the growing numbers of foreign and migrant workers in many countries, the labour inspectorate is often asked to cooperate with the immigration authorities; such cooperation should be carried out cautiously, keeping in mind that the main objective of the labour inspection system is to protect the rights and interests of all workers and to improve their working conditions (General Survey, op. cit., paragraph 161). In this respect, it should be emphasized that the expression “while engaged in their work” used in Article 3(1)(a) of the Convention indicates that the protection afforded by the labour inspection must be provided to all workers for the period of their employment relationship. In order to remain in conformity with the purpose of their duties, the action taken by inspectors should enable the implementation of legal proceedings against employers guilty of contraventions, entailing not only the imposition of adequate penalties in accordance with the various categories of contraventions but also the requirement to pay any outstanding sums owed to the workers concerned for the actual duration of their period of employment. The financial consequences (fines and workers’ wages) resulting from the actions of the labour inspectorate can constitute, in the Committee’s opinion, an effective deterrent against the employment of persons in an irregular situation with regard to labour legislation. The Committee has also noted on several occasions that, under Article 3(2), any activities of labour inspectors which go beyond these parameters may interfere with the discharge of the primary duties of labour inspectors or prejudice the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee would be grateful if the Government would:

–      clarify the grounds on which labour inspectors may require the production of personal identification cards and passports under section 11 of the Labour Inspection Act and whether labour inspectors may seize passports of irregular foreign workers under section 12 and, if that is the case, take all necessary measures with a view to amending these provisions in light of the fact that the primary function of the labour inspection is to ensure the enforcement of legal provisions relating to conditions of work and the protection of all workers while engaged in their work under Article 3(1)(a) and that, under Article 3(2), any further duties entrusted upon labour inspectors should not prejudice in any way the effective discharge of the primary duties;

–      specify the proportion of the activities carried out by labour inspectors in the area of combating illegal employment in relation to activities in the areas of OSH and labour relations; and

–      clarify whether labour inspectors collaborate with the authority competent for the control of illegal migration under sections 11 and 20 of the Labour Inspection Act and, if that is the case, provide details on the objectives of the collaboration, the manner in which it takes place, etc. In particular, please indicate in which way foreign workers in an irregular residency status may recover their acquired rights, such as outstanding wages and social security benefits, in case they are expelled.

Article 5(b). Collaboration with employers and workers or their organizations. According to the Government, collaboration takes place regularly through seminars organized by the Ministry of Labour and Social Policy, trade unions and employers’ organizations both at the national and branch levels. The Committee also notes that the OSH Act provides for the appointment of elected representatives in charge of OSH in workplaces where there is a risk to occupational safety and health, independently of the number of employees, as well as in all workplaces with more than ten employees (sections 28 and 29). It also provides for the creation of an expert advisory Council for Occupational Safety and Health with tripartite composition (sections 43 and 44). In addition, an Economic and Social Council has been established since 2006. The Committee would be grateful if the Government would indicate the activities carried out by the Council for Occupational Safety and Health and the Economic and Social Council in relation to labour inspection, and would provide details on the content, frequency and impact of seminars addressed to the social partners. Finally, it requests the Government to provide details, including examples, on the manner in which OSH representatives collaborate with labour inspectors.

Articles 6 and 7. Status, conditions of service and training of labour inspectors. The Committee would be grateful if the Government would specify whether labour inspectors have security of employment as public servants and indicate the scale of their salaries and career prospects, also in relation to other comparable categories of public officers like tax inspectors.

The Committee also requests the Government to provide information on the training provided to labour inspectors both at the time of recruitment and subsequently, including on the subjects, frequency, attendance and evaluation of such training.

Articles 8 and 10. Numbers and gender composition of labour inspection staff. According to the Government, the total number of inspectors is 63 in the field of labour relationship and 33 in the field of OSH. In addition, seven inspectors have completed the procedure for admission. The Committee notes that the number of labour inspectors may appear limited given that under section 13 of the Labour Inspection Act, labour inspectors are obliged to inspect at least once a year the workplaces in the field of industry, trade, construction, agriculture, forestry, transport, communal services, craft trade, hotel and restaurant management, school and university workshops and laboratories for professional practice; moreover, workplaces in other fields should be inspected at least once every three years.

The Committee recalls that, under Article 10, the number of labour inspectors should be sufficient to secure the effective discharge of the duties of the inspectorate and should be determined with due regard to, among other things, the number of workplaces liable to inspection and the number of workers employed in such workplaces. The Committee refers in this regard to its 2009 general observation on the importance of comprehensive data on the number of industrial and commercial workplaces and workers covered in making an overall assessment of the impact of the labour inspection system and the sufficiency of the available human and material resources vis-à-vis identified needs. The Committee requests the Government to provide an appreciation of the current levels of labour inspection staff in relation to the number of workplaces liable to inspection, the workers employed therein, and the frequency of labour inspection visits. The Committee would also be grateful if the Government would specify the gender composition of the labour inspection staff.

Article 11. Material resources. The Committee notes that, according to the Government, labour inspectors are provided with adequately equipped offices and vehicles as well as other equipment; all expenses in connection with official duties are paid. The Committee would be grateful if the Government would describe the equipment (computers, technical equipment, consumables, etc.) and the number of vehicles at the disposal of labour inspectors and provide a copy of the form for the reimbursement of travelling expenses and allowances.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes that, according to sections 21 and 23 of the Labour Inspection Act, the Minister of Labour and Social Policy shall issue an instruction for conducting investigations of cases of death, collective and serious injuries at work within six months from the date of entry into force of the Act. The Committee requests the Government to communicate a copy of the relevant instruction.

Article 15(c). Duty of confidentiality as to the source of complaints. According to section 16 of the Labour Inspection Act, the inspector is obliged to act upon complaints submitted by workers and inform in writing the person who submitted the complaint on the inspection findings. However, the Committee notes that no information is provided as to the obligation of confidentiality relating to complaints in accordance with Article 15(c) of the Convention. The Committee requests the Government to indicate the provisions which establish a duty for labour inspectors to treat as absolutely confidential the source of any complaint and to avoid giving any intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint, as required by Article 15(c). If such provisions do not exist, the Government is requested to take the necessary steps to give effect to the Convention in this regard and to inform the ILO.

Articles 20 and 21. Publication of an annual inspection report. The Committee notes that the Government’s report contains no information on measures taken to give effect to these provisions of the Convention nor any statistics relating to labour inspection activities. The Committee recalls that, under Article 20, the central inspection authority should publish an annual report on the work of the inspection services and communicate a copy of it to the ILO within a reasonable period. It emphasizes that the publication of an annual inspection report is a very important tool for providing a general appreciation of the extent to which the national legal provisions are applied in practice. Good quality reports containing the information requested by Article 21 reflect the relevant legislation, organization, human and material resources, scope, activities and results of the labour inspection system. Consequently, they provide national authorities, including those in charge of budgetary matters, with a regular means for assessing the extent to which the available resources match the related needs and requirements. They are moreover an invaluable source of practical information and data for the ILO supervisory bodies but also the employers’ or workers’ organizations who may make appropriate comments on ways to improve the functioning of the labour inspection system. The Committee therefore requests the Government to ensure that an annual labour inspection report is published in the nearest future and to furnish until then all available data on the workplaces liable to inspection and the number of workers employed therein; inspection visits carried out, violations found, proceedings instituted and penalties imposed; and industrial accidents and occupational diseases.