Labour Inspection Convention, 1947 (No. 81) - Dominica (Ratification: 1983)

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

The Committee notes with deep concern that the Government’s reports on Convention No. 81, due since 2014, and on Convention No. 150, due since 2015, have not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Conventions on the basis of the information at its disposal.

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

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Article 3 of the Convention. Functions of labour inspection. The Committee notes that inspectors, as defined under the Labour Standards Act, ensure the enforcement of provisions relating to wages, working hours and employment conditions (section 28(2)), while safety officers, as defined under the Employment Safety Act (section 8) are responsible for the inspection of working conditions that affect occupational safety and health. The Committee requests the Government to indicate through what measures or activities inspectors and safety officers: (i) provide technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions; and (ii) bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions, as required by Article 3(1)(b) and (c) of the Convention.

Articles 4, 6, 7, 8, 10 and 16. Central authority. Number and conditions of service of labour inspection staff. Frequency of inspection visits. The Committee notes that, according to the information available on the official website of the Government, the Division of Labour is now under the Ministry of National Security and Home Affairs. The Committee notes that the Government Directory of officials in the Division of Labour includes the Labour Commissioner, the Deputy Labour Commissioner and labour officers. It is not clear which of these officials perform the functions of inspectors and safety officers, and there is no information on how the inspection activities are performed. The Committee requests the Government to indicate which officials in the Division of Labour perform the functions of inspectors and safety officers. It also requests the Government to provide information on the employment status of the inspectors and safety officers, as well as the recruitment procedures, qualification requirements and trainings available to them. The Committee finally requests the Government to provide information on the frequency of inspection visits carried out by both inspectors and safety officers, with a view to ensuring that all workplaces are inspected as often and as thoroughly as necessary.

Article 11. Necessary equipment and material resources available to labour inspectors. The Committee requests the Government to provide information on the provision of necessary equipment and material resources to inspectors and safety officers for the performance of their duties, including suitably equipped offices, transport facilities and reimbursement of expenses.

Articles 14, 20 and 21. Data collection and reporting. Publication and content of annual report. The Committee observes that there does not seem to be any information regarding the notification of industrial accidents and cases of occupational diseases to the Division of Labour. The Committee further notes that no recent annual reports on inspection services have been published or submitted. The Committee requests the Government to provide information on the arrangements for the notification of industrial accidents and occupational diseases in practice. The Committee also requests the Government to take the necessary measures to ensure that an annual report on the work of the labour inspection services is prepared and published, and that it contains information on all the items listed under Article 21 of the Convention, notably, statistics of inspection visits, violations and penalties imposed, as well as industrial accidents and cases of occupational disease. 

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1 and 4 of the Convention. Organization and operation of the labour administration system. The Committee notes that the Division of Labour is now under the Ministry of National Security and Home Affairs, consisting of a Labour Commissioner, Deputy Labour Commissioner, labour officers, a senior clerk, a senior executive officer and a tribunal officer. The Committee requests the Government to provide information on the functions and responsibilities of each of those positions, and on how those functions and responsibilities are coordinated within the labour administration system.

Articles 5, 6 and 8. Consultations within the system of labour administration. Formulation and monitoring of national labour policy. Participation in the preparation of a national policy concerning international labour affairs. The Committee previously noted that, according to the Government, the Industrial Relations Advisory Committee (IRAC), which is tripartite, is involved in the formulation of the national policy and the preparation of policy concerning international labour affairs, through the submission of draft legislation to Parliament. However, the Committee also recalls that, according to the observations submitted by the Waterfront and Allied Workers Union in 2010 the IRAC was inactive. The Committee also notes that, according to section 7 of the Employment Safety Act, consultative and advisory committees, consisting of the Ministers responsible for planning and health and representatives of employers and workers, may be established to advise on any matters in relation to the administration of the Act, to assist in the establishment of reasonable standards of safety, and to recommend regulations respecting safe employment practices, procedures and techniques. The Committee requests the Government to provide information on the activities carried out by the IRAC, including specifically all activities carried out since 2018, and to provide information on the scope of the IRAC’s proposals, together with any relevant documents on its meetings. It also requests the Government to indicate whether any consultative and advisory committees, as provided for under section 7 of the Employment Safety Act, have been established, and if so, to provide further information on their functioning in practice. Regarding the preparation of policy concerning international labour affairs, the Committee also refers to its comments under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 7. Extension of the functions of the system of labour administration. The Committee notes that, according to the information provided by the Government in its first report, the national labour legislative system does not cover workers who are not employees, and the Division of Labour does not have the mandate to consider this extension. The Committee requests the Government to indicate whether it has any plans to extend the functions of labour administration to include activities relating to the conditions of work and working life of categories of workers who are not, in law, employed persons, as set forth in Article 7(a)–(d) of the Convention.

Article 10. Human resources and material means for the labour administration system. The Committee notes that, according to the information in the Government’s first report, the recruitment of officials in the labour administration falls under the purview of the Public Service Commission and is regulated by the Public Services Act. The Government also indicated that the status of staff of the labour administration and the conditions of services are negotiated between the Establishment, Personnel and Training Department and public personnel unions, such as the Dominica Public Service Union, and reflected in memorandum agreements and general orders. Moreover, specialized technical trainings are available both internally and with external collaboration. The Government further stated that financial resources for the performance of labour administration duties are allocated and budgeted for in the annual estimates of the Government, and are subject to the annual budget change. The Committee requests the Government to provide further information on the recruitment procedure and qualifications required for labour administration personnel. It also requests the Government to provide detailed information on the status and conditions of service of those personnel, including copies of related memorandum agreements and general orders, as well as on the content of initial and in-service trainings. The Committee finally requests the Government to provide information, as far as possible, on the elements taken as a basis to determine the annual budgetary allocation for the material means and financial resources available to the labour administration.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 3, 6, 7, 10 and 16 of the Convention. Numbers, conditions of service and functions of labour inspection staff. Number of labour inspection visits. The Committee notes from the Government’s report that the Labour Department cannot increase its staff and that inspectors operate in all areas of labour administration. The Government also declares that every attempt is made to ensure that inspectors are professional in their conduct. The Committee requests once again the Government to indicate the criteria and process for the recruitment of labour inspectors, and to specify the training activities provided to them upon their entry into service and in the course of employment. Please also indicate how it is ensured that the conditions of remuneration and career development of labour inspectors reflect the importance and specificities of their duties, and take into account personal merit.

The Committee asks the Government to provide information on the time and resources spent on mediation/conciliation of industrial disputes in relation to their primary duties of inspection established under this Convention. It asks the Government to take the necessary measures to ensure that, in accordance with Article 3(2), any duties which may be entrusted to labour inspectors in addition to their primary functions shall not be such as to interfere with the effective discharge of the latter. It also asks the Government to provide information on the measures taken to ensure that all workplaces are inspected as often and as thoroughly as necessary in line with Article 16 of the Convention.

Article 15. Duty of confidentiality. Referring to the Committee’s previous comments on this issue, the Committee notes from the Government’s report that there has not been any change in legislation to give effect to this Article of the Convention and that the issue is to be addressed by the Industrial Relations Advisory Committee. The Government also reports that the department and labour inspectorate have always maintained strict confidentiality. The Committee once again requests the Government to take steps to ensure that the legislation is supplemented so as to give full effect to Article 15 of the Convention and to keep the Office informed of all progress in this respect and to send copies of any relevant draft or final texts.

Articles 5(a), 17, 18, 20 and 21. Cooperation with the justice system and enforcement of adequate penalties. Publication and content of an annual report. The Committee notes from the Government’s report that steps will be taken to improve the quality of the annual report on inspection services. The Committee hopes that the Government will make every effort to ensure that an annual report on the work of the labour inspection services is elaborated and published and that it contains information on all the items listed in Article 21 of the Convention, notably, statistics of inspection visits, violations and penalties imposed as well as industrial accidents and cases of occupational disease. The Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), as to the type of information that should be included in the annual labour inspection reports.

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

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 3, 6, 7, 10 and 16 of the Convention. Numbers, conditions of service and functions of labour inspection staff. Number of labour inspection visits. The Committee notes from the Government’s report that the Labour Department cannot increase its staff and that inspectors operate in all areas of labour administration. The Government also declares that every attempt is made to ensure that inspectors are professional in their conduct. The Committee requests once again the Government to indicate the criteria and process for the recruitment of labour inspectors, and to specify the training activities provided to them upon their entry into service and in the course of employment. Please also indicate how it is ensured that the conditions of remuneration and career development of labour inspectors reflect the importance and specificities of their duties, and take into account personal merit.

The Committee asks the Government to provide information on the time and resources spent on mediation/conciliation of industrial disputes in relation to their primary duties of inspection established under this Convention. It asks the Government to take the necessary measures to ensure that, in accordance with Article 3(2), any duties which may be entrusted to labour inspectors in addition to their primary functions shall not be such as to interfere with the effective discharge of the latter. It also asks the Government to provide information on the measures taken to ensure that all workplaces are inspected as often and as thoroughly as necessary in line with Article 16 of the Convention.

Article 15. Duty of confidentiality. Referring to the Committee’s previous comments on this issue, the Committee notes from the Government’s report that there has not been any change in legislation to give effect to this Article of the Convention and that the issue is to be addressed by the Industrial Relations Advisory Committee. The Government also reports that the department and labour inspectorate have always maintained strict confidentiality. The Committee once again requests the Government to take steps to ensure that the legislation is supplemented so as to give full effect to Article 15 of the Convention and to keep the Office informed of all progress in this respect and to send copies of any relevant draft or final texts.

Articles 5(a), 17, 18, 20 and 21. Cooperation with the justice system and enforcement of adequate penalties. Publication and content of an annual report. The Committee notes from the Government’s report that steps will be taken to improve the quality of the annual report on inspection services. The Committee hopes that the Government will make every effort to ensure that an annual report on the work of the labour inspection services is elaborated and published and that it contains information on all the items listed in Article 21 of the Convention, notably, statistics of inspection visits, violations and penalties imposed as well as industrial accidents and cases of occupational disease. The Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), as to the type of information that should be included in the annual labour inspection reports.

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

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

Articles 3, 6, 7, 10 and 16 of the Convention. Numbers, conditions of service and functions of labour inspection staff. Number of labour inspection visits. The Committee notes from the Government’s report that the Labour Department cannot increase its staff and that inspectors operate in all areas of labour administration. The Government also declares that every attempt is made to ensure that inspectors are professional in their conduct. The Committee requests once again the Government to indicate the criteria and process for the recruitment of labour inspectors, and to specify the training activities provided to them upon their entry into service and in the course of employment. Please also indicate how it is ensured that the conditions of remuneration and career development of labour inspectors reflect the importance and specificities of their duties, and take into account personal merit.

The Committee asks the Government to provide information on the time and resources spent on mediation/conciliation of industrial disputes in relation to their primary duties of inspection established under this Convention. It asks the Government to take the necessary measures to ensure that, in accordance with Article 3(2), any duties which may be entrusted to labour inspectors in addition to their primary functions shall not be such as to interfere with the effective discharge of the latter. It also asks the Government to provide information on the measures taken to ensure that all workplaces are inspected as often and as thoroughly as necessary in line with Article 16 of the Convention.

Article 15. Duty of confidentiality. Referring to the Committee’s previous comments on this issue, the Committee notes from the Government’s report that there has not been any change in legislation to give effect to this Article of the Convention and that the issue is to be addressed by the Industrial Relations Advisory Committee. The Government also reports that the department and labour inspectorate have always maintained strict confidentiality. The Committee once again requests the Government to take steps to ensure that the legislation is supplemented so as to give full effect to Article 15 of the Convention and to keep the Office informed of all progress in this respect and to send copies of any relevant draft or final texts.

Articles 5(a), 17, 18, 20 and 21. Cooperation with the justice system and enforcement of adequate penalties. Publication and content of an annual report. The Committee notes from the Government’s report that steps will be taken to improve the quality of the annual report on inspection services. The Committee hopes that the Government will make every effort to ensure that an annual report on the work of the labour inspection services is elaborated and published and that it contains information on all the items listed in Article 21 of the Convention, notably, statistics of inspection visits, violations and penalties imposed as well as industrial accidents and cases of occupational disease. The Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81) as to the type of information that should be included in the annual labour inspection reports.

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

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

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

Repetition

Articles 3, 6, 7, 10 and 16 of the Convention. Numbers, conditions of service and functions of labour inspection staff. Number of labour inspection visits. The Committee notes from the Government’s report that the Labour Department cannot increase its staff and that inspectors operate in all areas of labour administration. The Government also declares that every attempt is made to ensure that inspectors are professional in their conduct. The Committee requests once again the Government to indicate the criteria and process for the recruitment of labour inspectors, and to specify the training activities provided to them upon their entry into service and in the course of employment. Please also indicate how it is ensured that the conditions of remuneration and career development of labour inspectors reflect the importance and specificities of their duties, and take into account personal merit.

The Committee asks the Government to provide information on the time and resources spent on mediation/conciliation of industrial disputes in relation to their primary duties of inspection established under this Convention. It asks the Government to take the necessary measures to ensure that, in accordance with Article 3(2), any duties which may be entrusted to labour inspectors in addition to their primary functions shall not be such as to interfere with the effective discharge of the latter. It also asks the Government to provide information on the measures taken to ensure that all workplaces are inspected as often and as thoroughly as necessary in line with Article 16 of the Convention.

Article 15. Duty of confidentiality. Referring to the Committee’s previous comments on this issue, the Committee notes from the Government’s report that there has not been any change in legislation to give effect to this Article of the Convention and that the issue is to be addressed by the Industrial Relations Advisory Committee. The Government also reports that the department and labour inspectorate have always maintained strict confidentiality. The Committee once again requests the Government to take steps to ensure that the legislation is supplemented so as to give full effect to Article 15 of the Convention and to keep the Office informed of all progress in this respect and to send copies of any relevant draft or final texts.

Articles 5(a), 17, 18, 20 and 21. Cooperation with the justice system and enforcement of adequate penalties. Publication and content of an annual report. The Committee notes from the Government’s report that steps will be taken to improve the quality of the annual report on inspection services. The Committee hopes that the Government will make every effort to ensure that an annual report on the work of the labour inspection services is elaborated and published and that it contains information on all the items listed in Article 21 of the Convention, notably, statistics of inspection visits, violations and penalties imposed as well as industrial accidents and cases of occupational disease. The Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81) as to the type of information that should be included in the annual labour inspection reports.

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

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

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

Repetition

Articles 3, 6, 7, 10 and 16 of the Convention. Numbers, conditions of service and functions of labour inspection staff. Number of labour inspection visits. The Committee notes from the Government’s report that the Labour Department cannot increase its staff and that inspectors operate in all areas of labour administration. The Government also declares that every attempt is made to ensure that inspectors are professional in their conduct. The Committee requests once again the Government to indicate the criteria and process for the recruitment of labour inspectors, and to specify the training activities provided to them upon their entry into service and in the course of employment. Please also indicate how it is ensured that the conditions of remuneration and career development of labour inspectors reflect the importance and specificities of their duties, and take into account personal merit.

The Committee asks the Government to provide information on the time and resources spent on mediation/conciliation of industrial disputes in relation to their primary duties of inspection established under this Convention. It asks the Government to take the necessary measures to ensure that, in accordance with Article 3(2), any duties which may be entrusted to labour inspectors in addition to their primary functions shall not be such as to interfere with the effective discharge of the latter. It also asks the Government to provide information on the measures taken to ensure that all workplaces are inspected as often and as thoroughly as necessary in line with Article 16 of the Convention.

Article 15. Duty of confidentiality. Referring to the Committee’s previous comments on this issue, the Committee notes from the Government’s report that there has not been any change in legislation to give effect to this Article of the Convention and that the issue is to be addressed by the Industrial Relations Advisory Committee. The Government also reports that the department and labour inspectorate have always maintained strict confidentiality. The Committee once again requests the Government to take steps to ensure that the legislation is supplemented so as to give full effect to Article 15 of the Convention and to keep the Office informed of all progress in this respect and to send copies of any relevant draft or final texts.

Articles 5(a), 17, 18, 20 and 21. Cooperation with the justice system and enforcement of adequate penalties. Publication and content of an annual report. The Committee notes from the Government’s report that steps will be taken to improve the quality of the annual report on inspection services. The Committee hopes that the Government will make every effort to ensure that an annual report on the work of the labour inspection services is elaborated and published and that it contains information on all the items listed in Article 21 of the Convention, notably, statistics of inspection visits, violations and penalties imposed as well as industrial accidents and cases of occupational disease. The Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81) as to the type of information that should be included in the annual labour inspection reports.

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

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

Articles 3, 6, 7, 10 and 16 of the Convention. Numbers, conditions of service and functions of labour inspection staff. Number of labour inspection visits. The Committee notes from the Government’s report that the Labour Department cannot increase its staff and that inspectors operate in all areas of labour administration. The Government also declares that every attempt is made to ensure that inspectors are professional in their conduct. The Committee requests once again the Government to indicate the criteria and process for the recruitment of labour inspectors, and to specify the training activities provided to them upon their entry into service and in the course of employment. Please also indicate how it is ensured that the conditions of remuneration and career development of labour inspectors reflect the importance and specificities of their duties, and take into account personal merit.

The Committee asks the Government to provide information on the time and resources spent on mediation/conciliation of industrial disputes in relation to their primary duties of inspection established under this Convention. It asks the Government to take the necessary measures to ensure that, in accordance with Article 3(2), any duties which may be entrusted to labour inspectors in addition to their primary functions shall not be such as to interfere with the effective discharge of the latter. It also asks the Government to provide information on the measures taken to ensure that all workplaces are inspected as often and as thoroughly as necessary in line with Article 16 of the Convention.

Article 15. Duty of confidentiality. Referring to the Committee’s previous comments on this issue, the Committee notes from the Government’s report that there has not been any change in legislation to give effect to this Article of the Convention and that the issue is to be addressed by the Industrial Relations Advisory Committee. The Government also reports that the department and labour inspectorate have always maintained strict confidentiality. The Committee once again requests the Government to take steps to ensure that the legislation is supplemented so as to give full effect to Article 15 of the Convention and to keep the Office informed of all progress in this respect and to send copies of any relevant draft or final texts.

Articles 5(a), 17, 18, 20 and 21. Cooperation with the justice system and enforcement of adequate penalties. Publication and content of an annual report. The Committee notes from the Government’s report that steps will be taken to improve the quality of the annual report on inspection services. The Committee hopes that the Government will make every effort to ensure that an annual report on the work of the labour inspection services is elaborated and published and that it contains information on all the items listed in Article 21 of the Convention, notably, statistics of inspection visits, violations and penalties imposed as well as industrial accidents and cases of occupational disease. The Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81) as to the type of information that should be included in the annual labour inspection reports.

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

Articles 3, 6, 7, 10, 15 and 16 of the Convention. Numbers, conditions of service and functions of labour inspection staff. Number of labour inspection visits. The Committee notes from the Government’s latest and previous reports that the Department of Labour consists of four officials responsible for labour and safety inspection, in addition to other functions, including mediation and conciliation of labour disputes. Furthermore, the Committee observes that, according to the annual reports on the administrative activities of the labour department, the number of both labour inspections and safety and health inspections decreased between 2004 and 2010 (from 103 to 90 and from 23 to 12 respectively), whereas both individual complaints reported and cases referred to the tribunals increased.

The Committee also notes the report on a review of the functions and organizational structure of the Department of Labour of Dominica carried out in 2006 (the 2006 report), which was communicated by the Government. The 2006 report proposes that the Department of Labour be organized around three technical units (policy and labour relations, employment and labour market, and labour and safety inspectorate) and that staff be assigned to undertake the relevant duties. The Committee also notes that, according to the 2006 report, “the technical officers, in addition to undertaking duties inherent in their position as labour administrators should also be assigned to undertake technical work in the assigned unit, research on labour matters, and conciliation in collective labour disputes (the latter being assigned to the more experienced officers, as appropriate). These tasks would be in addition to their regular work of administering the labour laws, investigating and settling individual labour complaints, completing weekly-targeted number of labour inspections, ongoing advisory work and the monitoring of the general labour situation in the country.”

The Committee recalls that, according to Article 3(2) of the Convention, any duties entrusted to labour inspectors which are additional to their primary duties, consisting in the control of application of labour laws and the provision of information and advice to employers and workers, should not be as such to interfere with the effective discharge of these primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. It recalls in this regard that, according to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), labour inspectors should not be entrusted with the conciliation of labour disputes. The Committee also recalls that according to Article 10 of the Convention, the number of labour inspectors should be sufficient to secure the effective discharge of their duties in the light of the number of the workplaces liable to inspection, the number of workers employed therein, the number and complexity of the legal provisions to be enforced as well as the material means placed at the disposal of the inspectors and the practical conditions under which visits of inspection must be carried out in order to be effective. Moreover, according to Article 16, workplaces should be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Committee would be grateful if the Government would indicate the measures taken or envisaged in order to ensure that the functions of labour inspection and of mediation/conciliation of industrial disputes are dissociated so that labour inspectors can focus on their primary duties of inspection under the Convention. It also requests the Government to indicate the measures taken or envisaged pursuant to the 2006 report in order to ensure that sufficient technical staff is assigned to the unit of the Labour Department in charge of labour inspection so that workplaces can be inspected as often and as thoroughly as necessary.

Noting also that according to the 2006 report, all technical staff assigned to the specialized technical units should be subject to periodic rotation assignment for staff development purposes, the Committee requests the Government to specify the criteria and process for the recruitment of labour inspectors and the training provided to them in line with Article 7 as well as their conditions of service and the manner in which it is ensured that labour inspectors are independent of any changes of government and of any undue external influence as provided for in Article 6.

Article 15. Duty of confidentiality. With regard to the Committee’s previous comments on this issue, the Committee notes that according to the Government, there has not been any legislative measure to give effect to Article 15 of the Convention, but the issue is to be addressed in the near future by the Industrial Relations Advisory Committee as well as in the framework of the Decent Work Country Programme which includes the amendment of labour legislation as one of its pillars. The Committee recalls once again from Article 15: (i) the prohibition on labour inspectors to have any direct or indirect interest in enterprises liable to inspection; (ii) the obligation of professional secrecy; and (iii) the obligation of confidentiality with respect to the source of any complaint and the connection that may exist between an inspection visit and a complaint. The Committee refers the Government to paragraphs 227–237 of the 2006 General Survey on Labour Inspection in this regard. It once again requests the Government to take steps to ensure that the legislation is supplemented so as to give full effect to Article 15 of the Convention and to keep the Office informed of all progress in this respect and to send copies of any relevant draft or final texts.

Articles 5(a), 17, 18, 20 and 21. Publication and content of an annual report. Cooperation with the justice system and enforcement of adequate penalties. The Committee notes that the reports sent by the Government contain information related to the whole Labour Department and not to the Labour Inspectorate specifically, and that they do not provide the level of detail required under Article 21 so as to enable the Committee to evaluate the functioning of the labour inspection system in practice. Referring to its general observation of 2010 on Articles 20 and 21 of the Convention, the Committee recalls that detailed and well prepared annual labour inspection reports are of fundamental importance to assess the rate of coverage by labour inspection services in relation to their scope and to determine the resources that have to be allocated to this public function. The Committee once again draws the Government’s attention to the obligations under Articles 20 and 21 of the Convention and requests it to indicate the measures taken or envisaged in order to ensure that an annual report on the work of the labour inspection services is elaborated and published and that it contains information on all the items listed in Article 21 of the Convention, notably, statistics of inspection visits, violations and penalties imposed as well as industrial accidents and cases of occupational disease. The Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81) as to the type of information that should be included in the annual labour inspection reports.

As long as an annual labour inspection report is not available, the Committee requests the Government to provide detailed information and data on the violations detected during inspection visits with reference to the legal provisions concerned, as well as the notices served and cases brought to the justice system and the outcome of the judicial proceedings (i.e. convictions pronounced, penalties imposed, etc.).

The Committee also asks once again the Government to provide a list of the provisions establishing penalties for violations of the provisions relating to conditions of work and the protection of workers and the contraventions to which they apply and to send a copy of any document describing specific cases of convictions of employers involving the imposition of a fine and/or imprisonment.

Moreover, noting that the Labour Department is in charge of arrangements for adjudication by the labour tribunals, the Committee refers to its general observation of 2007 and requests the Government to provide information on the arrangements in place so as to promote effective cooperation between the labour inspection services and the justice system.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes that the Government’s report received in March 2009 contains no information in reply to its direct request formulated in 2007 and repeated in 2008. It notes that, despite the reminder sent to it by the ILO in May 2009, the Government has not supplied the required information.

Given that for many years the Government has not supplied a detailed report on the manner in which effect is given in law and in practice to the Convention and that the most recent annual report on the work of the labour inspectorate transmitted to the ILO concerns 1996, the Committee would be grateful if the Government would take all the necessary steps to ensure that the next report pursuant to article 22 of the ILO Constitution contains the level of detail required by the report form. It requests the Government to ensure that the information available on each of the subjects listed in Article 21 are included in its report pending the publication of the next annual report on the work of the labour inspectorate.

Articles 3, 6, 10, 12, 13, 15, 17 and 19 of the Convention. Duties, status, numbers, rights, obligations and powers of labour inspectors. In reply to the Committee’s previous comments, the Government indicates that the staff of the Labour Department consists of four officials, namely the Labour Commissioner, his deputy, and two agents. According to the Government, these officials perform all the duties allocated by the Labour Department. Although they possess the necessary qualifications for providing high-quality advice to employers and workers, the staff of the Labour Department are, however, insufficient in number and also faced with a lack of equipment aggravated by the austerity measures imposed by the International Monetary Fund, making it difficult to undertake advisory activities. Nevertheless, the Government expresses the hope that recommendations resulting from a study of the situation undertaken by a former ILO expert may be implemented. The Committee, however, notes that a copy of the report on this study has not been transmitted to the ILO, despite a written request dated 19 March 2007.

In reply to the Committee’s requests concerning the way in which it is ensured that labour inspectors abide by the code of ethics relevant to their duties, as defined by Article 15(a), (b) and (c) of the Convention, the Government has supplied information on the legal provisions concerning the general obligations of all officials. The Committee would like to emphasize that these provisions are insufficient in relation to the requirements of the Convention. There has to be the strictest possible observance of ethical principles by inspectors to counterbalance the extensive powers and prerogatives which, in accordance with the Convention, have to be accorded exclusively to labour inspection officials in the performance of their duties. The Committee would be grateful if the Government would refer to its General Survey of 2006 on labour inspection with regard to: (i) the prohibition on labour inspectors to have “any direct or indirect interest” in enterprises liable to inspection (paragraph 227); (ii) the scope of the obligation of professional secrecy (paragraphs 229–232); and (iii) the obligation of confidentiality with respect to the source of any complaint and the connection that may exist between an inspection visit and a complaint (paragraphs 235–237). The Committee requests the Government to take steps to ensure that the legislation is supplemented in the light of these clarifications with regard to the duties and obligations of labour inspection officials. It further requests the Government to keep the Office informed of all progress in this respect and to send copies of any relevant draft or final texts.

Necessity for adequate penalties. Article 18. The Committee notes the Government’s statement that the amount of fines which can be imposed on persons who contravene the legislation enforceable by the labour inspection officials has not been revised since 1990 and section 32 of the Act on labour standards provides that anyone contravening the provisions of sections 28 and 29 (concerning the powers and prerogatives of labour inspectors) is liable to a fine, the amount of which is fixed at 75 dollars and multiplied by the number of days for which the contravention continues. However, the Committee notes that section 13 of the Act of 1983 on occupational safety (Chapter 90:08) provides that the amount of the fine applicable for a violation of its provisions is 5,000 dollars, with the possible addition of imprisonment for one year. The Committee would be grateful if the Government would clarify whether the staff responsible for monitoring enforcement of the Act on occupational safety are the same as the staff of the Labour Department, who are also responsible for monitoring the legislation concerning other conditions of work and protection of workers, and to supply a list of the provisions establishing penalties for violations of the provisions relating to conditions of work and the protection of workers and the contraventions to which they apply. The Committee also requests the Government to send a copy of any document describing specific cases of convictions of employers involving the imposition of a fine and/or imprisonment.

In addition, the Committee requests the Government to provide a copy of the study carried out in 2007 on the situation of the labour administration system, together with information on the follow-up measures taken by the Government in relation to the recommendations contained in the study.

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

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report received in March 2009 contains no information in reply to its direct request formulated in 2007 and repeated in 2008. It notes that, despite the reminder sent to it by the ILO in May 2009, the Government has not supplied the required information. The Committee is therefore bound to repeat its previous direct request on the following points:

Given that for many years the Government has not supplied a detailed report on the manner in which effect is given in law and in practice to the Convention and that the most recent annual report on the work of the labour inspectorate transmitted to the ILO concerns 1996, the Committee would be grateful if the Government would take all the necessary steps to ensure that the next report pursuant to article 22 of the ILO Constitution contains the level of detail required by the report form. It requests the Government to ensure that the information available on each of the subjects listed in Article 21 are included in its report pending the publication of the next annual report on the work of the labour inspectorate.

Articles 3, 6, 10, 12, 13, 15, 17 and 19 of the Convention. Duties, status, numbers, rights, obligations and powers of labour inspectors. In reply to the Committee’s previous comments, the Government indicates that the staff of the Labour Department consists of four officials, namely the Labour Commissioner, his deputy, and two agents. According to the Government, these officials perform all the duties allocated by the Labour Department. Although they possess the necessary qualifications for providing high-quality advice to employers and workers, the staff of the Labour Department are, however, insufficient in number and also faced with a lack of equipment aggravated by the austerity measures imposed by the International Monetary Fund, making it difficult to undertake advisory activities. Nevertheless, the Government expresses the hope that recommendations resulting from a study of the situation undertaken by a former ILO expert may be implemented. The Committee, however, notes that a copy of the report on this study has not been transmitted to the ILO, despite a written request dated 19 March 2007.

In reply to the Committee’s requests concerning the way in which it is ensured that labour inspectors abide by the code of ethics relevant to their duties, as defined by Article 15(a), (b) and (c) of the Convention, the Government has supplied information on the legal provisions concerning the general obligations of all officials. The Committee would like to emphasize that these provisions are insufficient in relation to the requirements of the Convention. There has to be the strictest possible observance of ethical principles by inspectors to counterbalance the extensive powers and prerogatives which, in accordance with the Convention, have to be accorded exclusively to labour inspection officials in the performance of their duties. The Committee would be grateful if the Government would refer to its General Survey of 2006 on labour inspection with regard to: (i) the prohibition on labour inspectors to have “any direct or indirect interest” in enterprises liable to inspection (paragraph 227); (ii) the scope of the obligation of professional secrecy (paragraphs 229–232); and (iii) the obligation of confidentiality with respect to the source of any complaint and the connection that may exist between an inspection visit and a complaint (paragraphs 235–237). The Committee requests the Government to take steps to ensure that the legislation is supplemented in the light of these clarifications with regard to the duties and obligations of labour inspection officials. It further requests the Government to keep the Office informed of all progress in this respect and to send copies of any relevant draft or final texts.

Necessity for adequate penalties. Article 18. The Committee notes the  Government’s statement that the amount of fines which can be imposed on persons who contravene the legislation enforceable by the labour inspection officials has not been revised since 1990 and section 32 of the Act on labour standards provides that anyone contravening the provisions of sections 28 and 29 (concerning the powers and prerogatives of labour inspectors) is liable to a fine, the amount of which is fixed at 75 dollars and multiplied by the number of days for which the contravention continues. However, the Committee notes that section 13 of the Act of 1983 on occupational safety (Chapter 90:08) provides that the amount of the fine applicable for a violation of its provisions is 5,000 dollars, with the possible addition of imprisonment for one year. The Committee would be grateful if the Government would clarify whether the staff responsible for monitoring enforcement of the Act on occupational safety are the same as the staff of the Labour Department, who are also responsible for monitoring the legislation concerning other conditions of work and protection of workers, and to supply a list of the provisions establishing penalties for violations of the provisions relating to conditions of work and the protection of workers and the contraventions to which they apply. The Committee also requests the Government to send a copy of any document describing specific cases of convictions of employers involving the imposition of a fine and/or imprisonment.

In addition, the Committee requests the Government to provide a copy of the study carried out in 2007 on the situation of the labour administration system, together with information on the follow-up measures taken by the Government in relation to the recommendations contained in the study.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Given that for many years the Government has not supplied a detailed report on the manner in which effect is given in law and in practice to the Convention and that the most recent annual report on the work of the labour inspectorate transmitted to the ILO concerns 1996, the Committee would be grateful if the Government would take all the necessary steps to ensure that the next report pursuant to article 22 of the ILO Constitution contains the level of detail required by the report form. It requests the Government to ensure that the information available on each of the subjects listed in Article 21 are included in its report pending the publication of the next annual report on the work of the labour inspectorate.

Articles 3, 6, 10, 12, 13, 15, 17 and 19 of the Convention. Duties, status, numbers, rights, obligations and powers of labour inspectors. In reply to the Committee’s previous comments, the Government indicates that the staff of the Labour Department consists of four officials, namely the Labour Commissioner, his deputy, and two agents. According to the Government, these officials perform all the duties allocated by the Labour Department. Although they possess the necessary qualifications for providing high-quality advice to employers and workers, the staff of the Labour Department are, however, insufficient in number and also faced with a lack of equipment aggravated by the austerity measures imposed by the International Monetary Fund, making it difficult to undertake advisory activities. Nevertheless, the Government expresses the hope that recommendations resulting from a study of the situation undertaken by a former ILO expert may be implemented. The Committee, however, notes that a copy of the report on this study has not been transmitted to the ILO, despite a written request dated 19 March 2007.

In reply to the Committee’s requests concerning the way in which it is ensured that labour inspectors abide by the code of ethics relevant to their duties, as defined by Article 15(a), (b) and (c) of the Convention, the Government has supplied information on the legal provisions concerning the general obligations of all officials. The Committee would like to emphasize that these provisions are insufficient in relation to the requirements of the Convention. There has to be the strictest possible observance of ethical principles by inspectors to counterbalance the extensive powers and prerogatives which, in accordance with the Convention, have to be accorded exclusively to labour inspection officials in the performance of their duties. The Committee would be grateful if the Government would refer to its General Survey of 2006 on labour inspection with regard to: (i) the prohibition on labour inspectors to have “any direct or indirect interest” in enterprises liable to inspection (paragraph 227); (ii) the scope of the obligation of professional secrecy (paragraphs 229–232); and (iii) the obligation of confidentiality with respect to the source of any complaint and the connection that may exist between an inspection visit and a complaint (paragraphs 235–237). The Committee requests the Government to take steps to ensure that the legislation is supplemented in the light of these clarifications with regard to the duties and obligations of labour inspection officials. It further requests the Government to keep the Office informed of all progress in this respect and to send copies of any relevant draft or final texts.

Article 18. Necessity for adequate penalties. The Committee notes the Government’s statement that the amount of fines which can be imposed on persons who contravene the legislation enforceable by the labour inspection officials has not been revised since 1990 and section 32 of the Act on labour standards provides that anyone contravening the provisions of sections 28 and 29 (concerning the powers and prerogatives of labour inspectors) is liable to a fine, the amount of which is fixed at 75 dollars and multiplied by the number of days for which the contravention continues. However, the Committee notes that section 13 of the Act of 1983 on occupational safety (Chapter 90:08) provides that the amount of the fine applicable for a violation of its provisions is 5,000 dollars, with the possible addition of imprisonment for one year. The Committee would be grateful if the Government would clarify whether the staff responsible for monitoring enforcement of the Act on occupational safety are the same as the staff of the Labour Department, who are also responsible for monitoring the legislation concerning other conditions of work and protection of workers, and to supply a list of the provisions establishing penalties for violations of the provisions relating to conditions of work and the protection of workers and the contraventions to which they apply. The Committee also requests the Government to send a copy of any document describing specific cases of convictions of employers involving the imposition of a fine and/or imprisonment.

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

The Committee notes the Government’s report received in February 2007 and observes that it only contains information in reply to its previous comments. Given that for many years the Government has not supplied a detailed report on the manner in which effect is given in law and in practice to the Convention and that the most recent annual report on the work of the labour inspectorate transmitted to the ILO concerns 1996, the Committee would be grateful if the Government would take all the necessary steps to ensure that the next report pursuant to article 22 of the ILO Constitution contains the level of detail required by the report form. It requests the Government to ensure that the information available on each of the subjects listed in Article 21 are included in its report pending the publication of the next annual report on the work of the labour inspectorate.

Articles 3, 6, 10, 12, 13, 15, 17 and 19 of the Convention. Duties, status, numbers, rights, obligations and powers of labour inspectors. In reply to the Committee’s previous comments, the Government indicates that the staff of the Labour Department consists of four officials, namely the Labour Commissioner, his deputy, and two agents. According to the Government, these officials perform all the duties allocated by the Labour Department. Although they possess the necessary qualifications for providing high-quality advice to employers and workers, the staff of the Labour Department are, however, insufficient in number and also faced with a lack of equipment aggravated by the austerity measures imposed by the International Monetary Fund, making it difficult to undertake advisory activities. Nevertheless, the Government expresses the hope that recommendations resulting from a study of the situation undertaken by a former ILO expert may be implemented. The Committee, however, notes that a copy of the report on this study has not been transmitted to the ILO, despite a written request dated 19 March 2007.

In reply to the Committee’s requests concerning the way in which it is ensured that labour inspectors abide by the code of ethics relevant to their duties, as defined by Article 15(a), (b), and (c) of the Convention, the Government has supplied information on the legal provisions concerning the general obligations of all officials. The Committee would like to emphasize that these provisions are insufficient in relation to the requirements of the Convention. There has to be the strictest possible observance of ethical principles by inspectors to counterbalance the extensive powers and prerogatives which, in accordance with the Convention, have to be accorded exclusively to labour inspection officials in the performance of their duties. The Committee would be grateful if the Government would refer to its General Survey of 2006 on labour inspection with regard to: (i) the prohibition on labour inspectors to have “any direct or indirect interest” in enterprises liable to inspection (paragraph 227); (ii) the scope of the obligation of professional secrecy (paragraphs 229–232); and (iii) the obligation of confidentiality with respect to the source of any complaint and the connection that may exist between an inspection visit and a complaint (paragraphs 235–237. The Committee requests the Government to take steps to ensure that the legislation is supplemented in the light of these clarifications with regard to the duties and obligations of labour inspection officials. It further requests the Government to keep the Office informed of all progress in this respect and to send copies of any relevant draft or final texts.

Article 18. Necessity for adequate penalties. The Committee notes the Government’s statement that the amount of fines which can be imposed on persons who contravene the legislation enforceable by the labour inspection officials has not been revised since 1990 and section 32 of the Act on labour standards provides that anyone contravening the provisions of sections 28 and 29 (concerning the powers and prerogatives of labour inspectors) is liable to a fine, the amount of which is fixed at 75 dollars and multiplied by the number of days for which the contravention continues. However, the Committee notes that section 13 of the Act of 1983 on occupational safety (Chapter 90:08) provides that the amount of the fine applicable for a violation of its provisions is 5,000 dollars, with the possible addition of imprisonment for one year. The Committee would be grateful if the Government would clarify whether the staff responsible for monitoring enforcement of the Act on occupational safety are the same as the staff of the Labour Department, who are also responsible for monitoring the legislation concerning other conditions of work and protection of workers, and to supply a list of the provisions establishing penalties for violations of the provisions relating to conditions of work and the protection of workers and the contraventions to which they apply. The Committee also requests the Government to send a copy of any document describing specific cases of convictions of employers involving the imposition of a fine and/or imprisonment. 

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

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

The Committee notes the brief indications provided by the Government in response to its previous request. It notes that, in the main, the Government indicates that no new measures have been taken with a view to improving the application of the Convention. The Committee hopes that the Government will soon be in a position to report that progress has been made in this respect and that its next report will contain detailed information with regard to the following points.

1. Functions of labour inspectors. Please indicate whether measures have been taken or envisaged in order to entrust labour inspectors with the function of supplying technical information and advice to employers and workers concerning the most effective means of complying with legal provisions (Article 3, paragraph 1(b), of the Convention) and to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions (Article 3, paragraph 1(c)).

2. Duties of inspectors. Please indicate whether measures have been taken or are envisaged to guarantee that labour inspectors have no direct or indirect interest in the establishments under their supervision, that they do not reveal any manufacturing or commercial secrets which may come into their knowledge in the course of their duties, and that they shall treat as absolutely confidential the source of any complaint, in accordance with Article 15(a), (b) and (c), respectively.

3. Adequate penalties. Please indicate whether measures have been taken or are envisaged to ensure that the amount of fines established to penalize violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties is sufficiently dissuasive in nature, for example by periodically revising the amount (Article 18).

4. Publication of an annual report. The Committee notes that the implementation of an information system on the labour market which should assist in the preparation of the annual labour inspection report has been delayed. It hopes, however, that an annual report on all of the issues mentioned under Article 21 will be published in the near future and communicated to the ILO within the deadlines prescribed by Article 20 of the Convention.

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

The Committee notes the brief indications provided by the Government in response to its previous request. It notes that, in the main, the Government indicates that no new measures have been taken with a view to improving the application of the Convention. The Committee hopes that the Government will soon be in a position to report that progress has been made in this respect and that its next report will contain detailed information with regard to the following points.

1. Functions of labour inspectors. Please indicate whether measures have been taken or envisaged in order to entrust labour inspectors with the function of supplying technical information and advice to employers and workers concerning the most effective means of complying with legal provisions (Article 3, paragraph 1(b), of the Convention) and to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions (Article 3, paragraph 1(c)).

2. Duties of inspectors. Please indicate whether measures have been taken or are envisaged to guarantee that labour inspectors have no direct or indirect interest in the establishments under their supervision, that they do not reveal any manufacturing or commercial secrets which may come into their knowledge in the course of their duties, and that they shall treat as absolutely confidential the source of any complaint, in accordance with Article 15(a), (b) and (c), respectively.

3. Adequate penalties. Please indicate whether measures have been taken or are envisaged to ensure that the amount of fines established to penalize violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties is sufficiently dissuasive in nature, for example by periodically revising the amount (Article 18).

4. Publication of an annual report. The Committee notes that the implementation of an information system on the labour market which should assist in the preparation of the annual labour inspection report has been delayed. It hopes, however, that an annual report on all of the issues mentioned under Article 21 will be published in the near future and communicated to the ILO within the deadlines prescribed by Article 20 of the Convention.

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

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

The Committee notes the Government’s report and the replies to its previous comments. The Government is asked once again to communicate a copy of the Employment Safety Act, which it indicates as forming an integral part of the revised legislation of 1990, and to provide additional information on the following points.

1. Article 3, paragraph 1, of the Convention. The Committee would be grateful if the Government would indicate the measures taken to entrust the labour inspection services, in accordance with subparagraph (b), with the duty of supplying technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions and, in accordance with subparagraph (c), that of bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

2. Article 3, paragraph 2. The Committee notes that, according to the Government, since the numbers of labour division staff are fairly low, possibilities for specialization in the performance of assigned duties are also limited. Referring to previous comments, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that any secondary duties entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, as provided for by subparagraphs (a) to (c) of Article 3, paragraph 1, or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Article 12, paragraphs 1 and 2. The Committee asks the Government to indicate the arrangements made to ensure that labour inspectors provided with proper credentials are empowered to enforce the posting of notices required by the legal provisions (paragraph 1(c)(iii)) and to decide whether, on the occasion of an inspection visit, they should notify the employer or his representative of their presence, if they consider that such a notification may be prejudicial to the performance of their duties (paragraph 2).

Article 15. Noting that no information indicating how effect shall be given to subparagraphs (a) to (c) of this Article has been communicated, the Committee should like to emphasize that the confidence that is necessary in relations between labour inspectors and employers and workers greatly depends on these provisions. It expresses the hope that relevant measures will be taken in this regard and that the Government will not fail to provide information on them in its next report.

Article 18. Emphasizing the need to maintain dissuasive financial penalties to encourage better implementation of legal provisions, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that the amount of fines established by the Labour Standards Act and the Employment Safety Act to penalize violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties, is periodically revised in order to take account of any monetary inflation.

Articles 20 and 21. The Committee notes that a project for setting up an information system on the labour market was due to be launched at the end of 2000 in the context of international technical assistance and that, through this project, labour officials would be trained in the fields of collection, analysis and recording of data. The Committee would hope that the Government will make the most of the abovementioned assistance to ensure that, in the near future, the central inspection authority will publish and communicate an annual inspection report as provided for by both the abovementioned provisions of the Convention.

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

The Committee notes the Government’s report and the replies to its previous comments. The Government is asked once again to communicate a copy of the Employment Safety Act, which it indicates as forming an integral part of the revised legislation of 1990, and to provide additional information on the following points.

1. Article 3, paragraph 1, of the Convention. The Committee would be grateful if the Government would indicate the measures taken to entrust the labour inspection services, in accordance with subparagraph (b), with the duty of supplying technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions and, in accordance with subparagraph (c), that of bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

2. Article 3, paragraph 2. The Committee notes that, according to the Government, since the numbers of labour division staff are fairly low, possibilities for specialization in the performance of assigned duties are also limited. Referring to previous comments, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that any secondary duties entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, as provided for by subparagraphs (a) to (c) of Article 3, paragraph 1,or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Article 12, paragraphs 1 and 2. The Committee asks the Government to indicate the arrangements made to ensure that labour inspectors provided with proper credentials are empowered to enforce the posting of notices required by the legal provisions (paragraph 1(c)(iii)) and to decide whether, on the occasion of an inspection visit, they should notify the employer or his representative of their presence, if they consider that such a notification may be prejudicial to the performance of their duties (paragraph 2).

Article 15. Noting that no information indicating how effect shall be given to subparagraphs (a) to (c) of this Article has been communicated, the Committee should like to emphasize that the confidence that is necessary in relations between labour inspectors and employers and workers greatly depends on these provisions. It expresses the hope that relevant measures will be taken in this regard and that the Government will not fail to provide information on them in its next report.

Article 18. Emphasizing the need to maintain dissuasive financial penalties to encourage better implementation of legal provisions, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that the amount of fines established by the Labour Standards Act and the Employment Safety Act to penalize violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties, is periodically revised in order to take account of any monetary inflation.

Articles 20 and 21. The Committee notes that a project for setting up an information system on the labour market was due to be launched at the end of 2000 in the context of international technical assistance and that, through this project, labour officials would be trained in the fields of collection, analysis and recording of data. The Committee would hope that the Government will make the most of the abovementioned assistance to ensure that, in the near future, the central inspection authority will publish and communicate an annual inspection report as provided for by both the abovementioned provisions of the Convention.

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

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

Article 3, paragraph 2, of the Convention. The Committee notes the information contained in the Labour Commissioner's Annual Report for 1996 that the Employment Safety Act Chapter 90:08 of the Revised Laws, 1990 empowered the Labour Commissioner to carry out an inspection to ensure that the workplaces are kept safe and healthy. It would be grateful if the Government would provide in its next report a copy of this Act. It also notes the information that the Division of Labour is in charge of the immigration and it provides conciliation services to employers and employees before disputes are sent to the Tribunal. The Committee requests the Government to indicate how it is ensured that the functions entrusted to labour inspectors relating to the conciliation between employers and workers do not interfere with the effective discharge of their primary duties or prejudice their authority and impartiality.

Articles 20 and 21. The Committee notes that the annual inspection report contains only partial information on the activities of the inspection services. However, it notes with interest the information that the reporting forms under the Accidents and Occupational Diseases (Notification) Act Chapter 89: were distributed in many workplaces. The Committee hopes that all information required by article 21 will be included in the reports. Referring also to its 1996 general observation under the Convention relating to the practical guidelines for the collection, recording and communication of reliable data on occupational accidents and diseases contained in the 1996 ILO publication "Recording and notification of occupational accidents and diseases", the Committee hopes that future annual labour inspection reports will also contain statistics on occupational diseases.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information contained in the Labour Commissioner's Annual Report for 1996.

Article 3, paragraph 2, of the Convention. The Committee notes the information contained in the Labour Commissioner's Annual Report for 1996 that the Employment Safety Act Chapter 90:08 of the Revised Laws, 1990 empowered the Labour Commissioner to carry out an inspection to ensure that the workplaces are kept safe and healthy. It would be grateful if the Government would provide in its next report a copy of this Act. It also notes the information that the Division of Labour is in charge of the immigration and it provides conciliation services to employers and employees before disputes are sent to the Tribunal. The Committee requests the Government to indicate how it is ensured that the functions entrusted to labour inspectors relating to the conciliation between employers and workers do not interfere with the effective discharge of their primary duties or prejudice their authority and impartiality.

Articles 20 and 21. The Committee notes that the annual inspection report contains only partial information on the activities of the inspection services. However, it notes with interest the information that the reporting forms under the Accidents and Occupational Diseases (Notification) Act Chapter 89: were distributed in many workplaces. The Committee hopes that all information required by article 21 will be included in the reports. Referring also to its 1996 general observation under the Convention relating to the practical guidelines for the collection, recording and communication of reliable data on occupational accidents and diseases contained in the 1996 ILO publication "Recording and notification of occupational accidents and diseases", the Committee hopes that future annual labour inspection reports will also contain statistics on occupational diseases.

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

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

Article 3, paragraph 1(b) and (c), of the Convention. With reference to its previous comments, the Committee trusts that the Government will take the necessary measures to ensure that the labour inspectorate is required to (a) supply technical information to employers and workers concerning the most effective means of complying with the legal provisions, and (b) bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

Article 15. While noting the information provided by the Government to the effect that it is normal that labour inspectors do not have direct or indirect interests in undertakings, the Committee hopes that appropriate legislative measures will be taken to give effect to the provisions of this Article of the Convention.

Articles 20 and 21. The Committee notes with regret that no report on the work of the inspection services has yet been communicated to the International Labour Office. It reiterates the hope that, in future, annual inspection reports containing all the information required under Article 21 will be published and transmitted to the International Labour Office within the time-limits laid down in Article 20.

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

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

Article 3, paragraph 1(b) and (c), of the Convention. With reference to its previous comments, the Committee trusts that the Government will take the necessary measures to ensure that the labour inspectorate is required to (a) supply technical information to employers and workers concerning the most effective means of complying with the legal provisions, and (b) bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

Article 15. While noting the information provided by the Government to the effect that it is normal that labour inspectors do not have direct or indirect interests in undertakings, the Committee hopes that appropriate legislative measures will be taken to give effect to the provisions of this Article of the Convention.

Articles 20 and 21. The Committee notes with regret that no report on the work of the inspection services has yet been communicated to the International Labour Office. It reiterates the hope that, in future, annual inspection reports containing all the information required under Article 21 will be published and transmitted to the International Labour Office within the time-limits laid down in Article 20.

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

Article 3, paragraph 1(b) and (c), of the Convention. With reference to its previous comments, the Committee trusts that the Government will take the necessary measures to ensure that the labour inspectorate is required to (a) supply technical information to employers and workers concerning the most effective means of complying with the legal provisions, and (b) bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

Article 15. While noting the information provided by the Government to the effect that it is normal that labour inspectors do not have direct or indirect interests in undertakings, the Committee hopes that appropriate legislative measures will be taken to give effect to the provisions of this Article of the Convention.

Articles 20 and 21. The Committee notes with regret that no report on the work of the inspection services has yet been communicated to the International Labour Office. It reiterates the hope that, in future, annual inspection reports containing all the information required under Article 21 will be published and transmitted to the International Labour Office within the time-limits laid down in Article 20.