Labour Inspection Convention, 1947 (No. 81) - Sierra Leone (Ratification: 1961)

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

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

Labour Inspection Convention, 1947 (No. 81)

Article 4 of the Convention. Labour Reform. Structure and organization of the system of labour inspection. Supervision and control by a central authority. The Government indicates that labour inspection is placed under the supervision and control of the Ministry of Employment, Labour and Social Security, which is the central authority. The Committee notes that, according to the Organigramme of the Ministry provided by the Government, under the Directorate of Labour and Employment there are labour and employment officers/inspectors, while under the Directorate for Occupational Safety and Health (OSH) there are OSH officers/ inspectors, and that they all report to the Commissioner of Labour. The Government indicates that inspections relating to OSH are carried out by the new Directorate of OSH pursuant to the Factories Act 1974, which is still in force pending the adoption of the new OSH Act. The Committee requests the Government to provide clarifications on the structure of the labour inspection services following the adoption of the new Employment Act 2023, including an organizational chart, if available. The Committee also requests the Government to provide information on the performance of any labour inspection functions that have been entrusted to the bodies of provincial regions.

Article 9. Association of duly qualified technical experts and specialists in the work of the labour inspection services. In reply to Committee’s previous request, the Government indicates that high consideration is given by the Ministry during recruitment processes to acquire qualified professionals with technical expertise associated with inspections in areas such as engineering, electricity and chemistry. Additionally, the Ministry works in partnership with other stakeholders to assure the participation in OSH inspection of qualified professionals in areas such as medicine, engineering, electricity and chemistry. The Committee takes note of this information which addresses its previous request.

Article 16. Sufficient number of inspection visits. In reply to the Committee’s previous request for information on the number of labour inspections, including the number of labour inspections that were routine visits and those that were made in reaction to a complaint, the Government indicates that there is currently no statistical data available. Recalling that in accordance with Article 16 of the Convention, workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee reiterates its request that the Government indicate how it is ensured that a sufficient number of labour inspections are undertaken and requests that the Government provide information on any practical measures taken in this regard. The Committee requests once again that the Government provide statistical information on the number of labour inspections by indicating the number of labour inspections that were routine visits and those that were made in reaction to a complaint.

Labour Administration Convention, 1978 (No. 150)

The Committee notes the Government’s first report.

Articles 1 and 4 of the Convention. Organization, and effective operation of the labour administration system and coordination of its functions. The Government indicates that the Ministry of Employment, Labour and Social Security is the principal Government body responsible for labour administration matters and is conferred supervisory and administrative duties for all labour related activities. The Committee notes that the Ministry has undertaken administrative restructuring which led to a new organizational structure. In this respect the Committee notes the detailed information provided with respect to the functions of the Labour Commissioner under the new Employment Act 2023, as well as the internal organization of the Ministry, including its Directorates and specialized units. The Committee requests the Government to provide information on the measures taken to ensure adequate coordination between the central administration and the various institutions and bodies, including those providing field services. It also requests the Government to communicate extracts of any reports or other periodic information provided by the principal labour administration services.

Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee takes note of the different arrangements that are in place at national level aiming to secure consultation, co-operation and negotiation between the public authorities and the most representative organizations of employers and workers, or employers’ and workers’ representatives. With respect to tripartite bodies, the Committee notes that the Joint Consultative Committee provides advice to the Minister on labour matters and the tripartite Joint National Negotiation Board has a mandate to set and review the minimum wages every second year. At the level of the different sectors of economic activity, consultations are sometimes made on a trade group basis. There are about 18 trade groups which comprise equal numbers of representatives from the employers’ and workers’ organizations in a particular trade or economic activity such as mining, building and construction, and public utilities. The Committee notes that the National Employment Policy 2020-2024 provides for the establishment of a Tripartite Plus Committee on employment as a forum for the coordination of the activities executed by the various authorities and bodies concerned with particular aspects of the employment policy. Moreover, the National Social Security and Insurance Trust (NASSIT) holds at least five tripartite meetings yearly. Noting the arrangements made at the national and sectoral level, the Committee requests the Government to indicate whether any arrangements are made at the regional and local levels. The Committee requests the Government to provide information on the functioning, composition and activities of the Tripartite Plus Committee on employment.The Committee alsorequests the Government to refer to its comments on the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 6(1) and (2)(a). National employment policy. The Committee takes note of the adoption of the National Employment Policy 2020-2024. The Government indicates that the representatives of the employers’ and workers’ organizations actively participate from the commencement up to the point of validating a developed and or reviewed national employment policy. The Committee requests the Government to provide information on the administration, co-ordination, and review of the National Employment Policy, as well as on any new policy subsequently adopted, indicating the role of the relevant bodies involved in the process.

Article 7. Gradual extension of the labour administration system. The Government indicates that national conditions provide for the gradual extension of the functions of labour administration system in order to cover persons performing work which can be deemed to be in the nature of employment or work for remuneration. The Committee notes that unlike formal sector workers, the National Social Security and Insurance Trust (Amendment) Act 2016 provides that informal sector workers can only voluntarily join the scheme. However, the Committee notes that efforts are currently being made to incorporate informal sector workers into the social security insurance scheme. The Committee requests the Government to continue to provide information on the progress achieved in extending social security coverage to workers in the informal economy, and on all other measures taken or envisaged to extend the functions of the system of labour administration to the categories of workers covered by Article 7.

Article 10(2). Human resources and material means and financial resources necessary for the operation of the labour administration system. Regarding human resources, the Committee notes that there are currently 65 staff exercising functions in the area of labour administration within the Ministry (16 Administrative staff; 35 Technical/professional staff and 14 assigned staff) and provides information on their geographical distribution. The Government indicates that, despite the fact that there are more than 50 vacancies, the Human Resources Management Office of the Public Service Commission and the Ministry of Finance have not given approval to the Ministry to recruit staff. Regarding financial resources, the Government indicates that more funding is required to ensure an effective labour administration and that only 1 per cent of the budget of the Ministry comes from the Government. The Committee requests the Government to continue to provide detailed information on the number of the labour administration staff, if possible disaggregated by gender. The Committee requests the Government to provide information on the measures taken or envisaged to increase the number of labour administration staff. Noting the challenges with respect to funding, the Committee requests the Government to pursue its efforts to reinforce the financial resources made available to the labour administration services and to provide more information on the material means currently available to labour administration staff for the performance of their duties.

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

Previous comment

Labour law reform. The Committee notes the Government’s indication in its report that a new Employment Act No. 15 has been adopted in 2023 (Employment Act 2023), which inter alia provides details on the structure and responsible authority with regards to labour administration and labour law enforcement in Sierra Leone. The Committee notes that at the same time, pending the adoption of a new OSH Act, the Factories Act 1974 which provides for the duties and responsibilities of the Factory Inspectorate is still in force. Furthermore, the Government has provided a copy of the Draft Employment Regulations, which also include references to inspection functions and relevant processes. Taking note of the new legislative developments, the Committee requests the Government to indicate the progress made towards the adoption of the new OSH Act and the Employment Regulations, and to provide copies once adopted.

Article 3(1) and (2) of the Convention. Additional duties entrusted to labour inspectors. In its previous comments, the Committee noted that a number of labour inspectors are assigned duties that do not constitute their primary functions, including supervision of work permits, labour migration, employment services for jobseekers, and industrial relations and labour disputes. The Government indicates that the reform process and the restructuring of the Ministry of Employment, Labour and Social Security have been carried out to ensure that any functions assigned to labour inspectors do not interfere with their primary functions. The Government indicates that this is a work in progress and funding is required for more labour officers to be recruited and trained. While taking note of this information, the Committee notes that the Government does not clarify how the new structure ensures that any additional duties entrusted to labour inspectors do not interfere with the effective discharge of their primary duties to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Furthermore, the Government does not provide information on the total number of labour inspectors and the duties assigned to them. The Committee expresses its concerns that the Government take measures, including in the context of the ongoing restructuring of the Ministry, to ensure that any functions assigned to labour inspectors do not interfere with their primary duties, which are related to enforcement of the legal provisions relating to the conditions of work and the protection of workers while engaged in their work, in accordance with Article 3(1) and (2) of the Convention. The Committee requests the Government to provide detailed information on the adoption of such measures, on the total number of labour inspectors and the duties assigned to them.

Articles 6 and 7. Recruitment and independence of labour inspectors. In reply to the Committee’s previous comment, the Government indicates that the basic requirement for the recruitment of labour inspectors is a Diploma or Certificate and that the Ministry of Employment works in partnership with the Human Resources Management Office of the Public Service Commission to put out notices advertising the need for recruitment for labour inspectors. While taking note of this information, the Committee notes with regret that the Government once again does not indicate how it ensures that political affiliation is not one of the factors considered in recruitment. The Committee once again requests the Government to take the necessary measures as soon as possible to ensure that labour inspectors are recruited with sole regard to their qualifications for the performance of their duties, in accordance with Article 7 of the Convention.

Article 7. Training of labour inspectors. The Committee notes that newly recruited inspectors are provided orientation and training on labour inspection, administration and management amongst others. However, it notes the Government’s indication that, in general, the training is sporadic due to the lack of resources and that the Government is in the process of sourcing funds to ensure routine training and the development and progressive update of training manuals. Taking due note of the limited resources available, the Committee hopes that the Government will be able to provide information on the content, frequency and duration of the training given to inspectors, as well as the number of participants.

Articles 10 and 11. Resources of the labour inspectorate. The Committee notes once again with concern that the labour inspectorate continues to face severe constraints of human and material resources. The Government indicates that, although efforts have been made for the addition of labour inspectors, there have been no new recruitments since the last report due to lack of funding. The Government indicates that it envisages recruiting new labour inspectors through the Human Resource Management Office after the workforce hearing scheduled for September 2023. The Committee notes that there is no inspection equipment and tools for the conduct of OSH inspections in workplaces. Furthermore, it notes that the vehicles available at the Ministry are accessible only to different Heads of Unit and can be assigned to inspectors when the need arises to carry out their functions and that the Ministry has no vehicles for field services. As a result, the Ministry rarely carries out field services including labour inspections. Taking due note of the continuous difficulties in obtaining sufficient funds, the Committee requests the Government to take the necessary measures to ensure that the labour inspection services have sufficient human resources necessary for their operation. In this respect, the Committee requests the Government to provide information on any developments with regard to the planned recruitment of new labour inspectors and detailed information on the number of labour inspectors, disaggregated by gender. The Committee requests that the Government provide detailed information and relevant data with regards to material resources allocated to the labour inspectorate (including the budget allocated to the labour inspection services, the number of computers and vehicles available, etc.). Noting that there is no vehicle available for field services, the Committee requests the Government to provide information on any measures adopted or envisaged to strengthen the transport facilities available to inspectors, particularly in regions where public transport facilities are scarce.

Articles 17 and 18. Adequate penalties imposed and effectively enforced. The Committee notes the Government’s indication that the new Employment Act 2023 incorporates adequate penalties for the breaches of the legal provisions enforceable by labour inspectors. At the same time, it notes that, pending the adoption of a new OSH Act, the Factories Act 1974, which established inadequate fines remains in force. Noting this legislative overlap, the Committee requests the Government to clarify which penalties can be imposed by labour inspectors and on what legal basis and to ensure that the new OSH Act establishes adequate penalties for the legal provisions enforceable by inspectors. The Committee requests the Government to provide detailed information on the number of violations detected, the number of infringement reports issued, the number of cases brought to the courts, and the penalties subsequently imposed.

Articles 19, 20 and 21. Periodic reports and preparation, publication and transmission of an annual report on the work of the inspection services. The Government indicates that under section 29 of the Employment Act 2023, the Commissioner of Labour is obliged to publish an annual report after submitting it to the Minister of Labour within four months following the end of the financial year. The Committee takes note of the information provided by the Government on the number of workplaces that have been registered and inspected for 2018–23 but also notes that no annual inspection reports have been prepared or communicated to the ILO for many years. The Committee requests the Government to take all the necessary measures to ensure that the labour inspection report is published and transmitted to the ILO, in accordance with Article 20 and that such report contains information on all the subjects listed in Article 21 (a)–(g).

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

Article 3(1) and (2) of the Convention. Additional duties entrusted to labour inspectors. In its previous comments, the Committee noted that a number of labour inspectors are assigned duties that do not constitute the primary functions of labour inspectors, as set out in Article 3(1) of the Convention. Particularly, the Committee noted that out of 24 labour inspectors: two were assigned to the supervision of work permits, three inspectors focused on matters related to labour migration, three inspectors were charged with employment services for jobseekers and five labour inspectors focused on industrial relations and labour disputes. In its report, the Government indicates that the Ministry of Labour and Social Security (MLSS) recruited 15 Labour Officers and 10 Factory Inspectors in 2014 with specific duties, including labour inspection. The Committee notes that there are currently two senior labour and employment officers assigned to monitor labour migration, and three labour and employment officers and three labour inspectors focused on industrial relations and labour disputes. The Government indicates that following a functional and management review of the MLSS, conducted with the support of the ILO, a new structure is envisaged to facilitate the specialization of staff for executing labour administration activities. The Committee notes that the new structure makes provision for four technical directorates namely the labour and employment, policy, planning and research, occupational safety and health and, social protection. Although the Committee takes note of this information, it notes that, as indicated above, there is still a number of labour inspectors conducting work that does not constitute the primary functions of labour inspectors, as set out in Article 3(1) of the Convention. Furthermore, the Government does not provide information on the total number of labour inspectors. The Committee recalls once again that, pursuant to Article 3(1) and (2) of the Convention, 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 (for example, provisions relating to hours of work, wages, occupational safety and health (OSH) and the elimination of child labour). Any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work.  The Committee requests the Government to take specific measures, including in the context of the ongoing labour law reform process and the restructuring of the Ministry, to ensure that any functions assigned to labour inspectors do not interfere with their main objective, to ensure the protection of workers in accordance with Article 3(1) and (2) of the Convention. The Committee requests the Government to provide information on the adoption of such measures and on the total number of labour inspectors.

Article 9. Association of duly qualified technical experts and specialists in the work of the labour inspection services. The Government indicates that the MLSS is taking measures to recruit more staff from various backgrounds and with the requisite qualifications to work in the OSH directorate, but does not provide further specifications in this regard. The Committee requests the Government to specify the measures taken to ensure that duly qualified technical experts and specialists, in areas such as medicine, engineering, electricity and chemistry, are associated to the work of inspection in the area of OSH.

Articles 10 and 11. Resources of the labour inspectorate. The Committee notes with concern that the labour inspectorate continues to face severe resource constraints, having inadequate staff, no access to appropriate inspection tools, offices, or adequate transport facilities. However, the Government indicates that it intends to address these challenges by recruiting additional inspectors, providing more office space, tools and transportation, including by seeking support from development partners. Taking due note of the difficulties in obtaining sufficient funds, the Committee reiterates its firm hope that the Government will be in a position to report on measures taken to secure an adequate number of labour inspectors and access to the tools, materials and transport facilities necessary for the performance of their duties, in accordance with Articles 10 and 11 of the Convention. In this respect, the Committee requests the Government to provide more information on the recruitment procedure for labour inspectors as well as detailed information on the financial and material resources placed at the service’s disposal, for example, the number of vehicles available to inspectors.

Articles 15(c) and 16. Sufficient number of inspection visits and duty of confidentiality of the source of any complaint. In its previous comments, the Committee noted that in practice, only annual regular inspections are performed and requested the Government to indicate whether it is possible for an individual worker to file a complaint confidentially to the labour inspectorate in accordance with Article 15(c) of the Convention. In its reply, the Government indicates that, in addition to the integrated labour inspections, the Ministry also conducts regular factory inspections. Furthermore, it indicates that an individual worker has the right to file a complaint to the MLSS in line with Article 15(c) of the Convention. Recalling that in accordance with Article 16 of the Convention, workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee reiterates its request that the Government indicates how it is ensured that a sufficient number of labour inspections are undertaken and requests that the Government provide information on any practical measures taken in this regard. In this respect, the Committee requests the Government to provide statistical information on the number of labour inspections by indicating the number of labour inspections that were routine visits and those that were made in reaction to a complaint.

Articles 20 and 21. Publication and communication to the ILO of an annual report. The Committee notes that no annual inspection reports have been prepared or communicated to the ILO for many years. Taking due note of the Government’s intention to ensure that the annual integrated labour inspection reports are prepared, published and transmitted to all relevant authorities in the future, the Committee reiterates its hope that the Government will soon be able to take all possible measures in this respect.

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

Labour law reform. In its previous comments, the Committee noted that the Government sought ILO technical advice on a draft of the Labour Act in the context of the labour law reform. The Committee notes that in 2018, the Office provided its comments to the draft Labour Act, which is intended to consolidate and revise various pieces of legislation, including the Regulation of Wages and Industrial Relations Act (1971). In its report, the Government indicates that the draft legislation is now available but does not indicate the progress made in its adoption. Noting that the labour law reform has been pending for many years, the Committee requests the Government to indicate the progress made towards the adoption of the new Labour Act.

Articles 6 and 7 of the Convention. Recruitment and training of labour inspectors and independence of labour inspectors. In its previous comments, the Committee noted that no training opportunities were provided to labour inspectors in terms of technical or specialized areas. In its reply, the Government indicates that in 2015, the Ministry of Labour and Social Security with support from the ILO conducted training for Labour Inspectors, Labour Officers and Factory Inspectors on general labour administration. In its previous comment, the Committee also noted that, with respect to recruitment of labour inspection staff, one of the factors considered in recruitment is political affiliation. The Committee requested the Government to take the necessary measures to ensure that labour inspectors are recruited with sole regard to their qualifications for the performance of their duties. The Committee regrets that the Government does not address this request in its report and once again recalls that, pursuant to Article 6 of the Convention, labour inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of improper external influences. The Committee also recalls that, pursuant to Article 7, they shall be recruited with sole regard to their qualifications for the performance of their duties. Therefore, the Committee once again requests the Government to take the necessary measures as soon as possible to ensure that labour inspectors are recruited with sole regard to their qualifications for the performance of their duties, in accordance with Article 7 of the Convention. Taking due note of the limited resources available, the Committee requests the Government to provide information on the content, frequency and duration of the training given to inspectors, as well as the number of participants.

Article 12(1)(a). Unannounced visits and free entry into workplaces liable to inspection. In its previous comments, the Committee noted that under Article 12 of the Convention, labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice any workplace liable to inspection. It requested the Government to take the necessary measures, including in the context of the ongoing labour law reform process, to ensure that labour inspectors are empowered, in law and in practice, to enter freely and without previous notice any workplace liable to inspection. In its reply, the Government indicates that the Regulation of Wages and Industrial Relations Act, 1971, and the Factories Act, 1974 make adequate provisions for labour inspectors to enter freely and without previous notice to any workplace liable to inspection. It also indicates that similar provisions have been included in relevant draft labour legislation. The Committee takes note of this information and requests the Government to provide a copy of the new legislation, once adopted.

Article 18. Adequate penalties. In its previous comments, the Committee noted that the fines established in the Factories Act, 1974 are quite low, and requested the Government to take the necessary measures to ensure the establishment of adequate penalties for the legal provisions enforceable by labour inspectors. The Government acknowledges that the existing penalties are indeed inadequate, but indicates that new penalties have been incorporated in the draft labour legislation. The Committee hopes that the new legislation will ensure the establishment of adequate penalties for breaches of the legal provisions enforceable by labour inspectors and requests the Government to provide a copy, once the new legislation is adopted.

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

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

Labour law reform. The Committee notes the Government’s reference in its report to the ongoing review of the national labour legislation. It also notes that the Government has sought ILO technical advice on a draft of the Labour Act in the context of the current labour law reform. The Committee requests that the Government take into account its comments below, particularly concerning Articles 3(1) and (2), 12(1)(a) and 18, in the context of its ongoing labour law reform, to ensure full conformity with the Convention. It also requests the Government to provide a copy of the Labour Act, once adopted.

Article 3(1) and (2) of the Convention. Additional duties entrusted to labour inspectors. The Committee notes that, despite the limited number of labour inspectors, the information in the Government’s report indicates that a number of labour inspectors are assigned to work that does not constitute the primary functions of labour inspectors, as set out in Article 3(1) of the Convention. Particularly, the Government’s report indicates that out of 24 labour inspectors: two are assigned to the supervision of work permits, three inspectors focus on matters related to labour migration, three inspectors are charged with employment services for jobseekers and five labour inspectors focus on industrial relations and labour disputes. The Committee recalls that, pursuant to Article 3(1) and (2) of the Convention, 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 (for example, provisions relating to hours, wages, occupational safety and health (OSH), child labour), and any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Noting the limited available resources, the Committee requests the Government to take specific measures, including in the context of the ongoing labour law reform process, to ensure that any other functions assigned to labour inspectors do not interfere with their main objective, to ensure the protection of workers in accordance with Article 3(1) and (2) of the Convention. The Committee requests the Government to provide information on the measures taken in this respect and, in the meantime, to continue to provide information on the total number of labour inspectors as well as the number of inspectors assigned to monitoring labour migration and to functions relating to industrial relations and labour disputes.

Article 9. Association of duly qualified technical experts and specialists in the work of the labour inspection services. Taking due note of the Government’s reference in its report to the difficulty in engaging technical experts and specialists due to a lack of sufficient funds, the Committee expresses the hope that the Government will be in a position to make the necessary arrangements to ensure that duly qualified technical experts and specialists such as those in medicine, engineering, electricity and chemistry, are associated in the work of inspection in the areas of OSH.

Articles 10 and 11. Resources of the labour inspectorate. The Committee previously noted that there was no fixed budget for the labour inspectorate and that it was practically inoperative. The Committee notes with concern the Government’s indication that labour inspectors continue to face severe resource constraints, having no access to appropriate inspection tools, materials, adequate transport facilities or stationery. The Government also indicates that the number of labour inspectors is insufficient to ensure the enforcement of laws which fall under the jurisdiction of the labour inspectorate (24 labour inspectors in total for 10,000 workplaces liable to inspection). Taking due note of the difficulties in obtaining sufficient funds, the Committee expresses the firm hope that the Government will be in a position to report on measures taken to secure an adequate number of labour inspectors and access to the tools, materials and transport facilities necessary for the performance of their duties, in accordance with Articles 10 and 11 of the Convention. It requests the Government to provide information on progress in this respect.

Articles 15(c) and 16. Sufficient number of inspection visits and duty of confidentiality of the source of any complaint. The Committee notes the Government’s indication that labour inspectors perform annual regular inspections, while they hardly perform follow-up inspections and special inspection visits, due to the lack of funds and transport facilities. The Committee recalls that in accordance with Article 16 of the Convention, workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. Noting the limited available resources, the Committee requests the Government to indicate how it is ensured that a sufficient number of labour inspections are undertaken and requests that the Government provide information on any practical measures taken in this regard. Noting the Government’s indication that in practice, only annual regular inspections are performed, the Committee requests that the Government indicate whether it is possible for an individual worker to file a complaint confidentially to the labour inspectorate in accordance with Article 15(c) of the Convention.

Articles 20 and 21. Publication and communication to the ILO of an annual report. The Committee notes that no annual inspection reports have been prepared or communicated to the ILO for many years. However, it welcomes the statistics of the number of labour inspectors, contained in the Government’s report. Taking due note of the resource constraints, the Committee hopes that the Government will take all possible measures to ensure that annual labour inspection reports are prepared, published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.

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

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 6 and 7 of the Convention. Recruitment and training of labour inspectors and independence of labour inspectors. The Committee notes the information in the Government’s report that no training opportunities have been provided to labour inspectors in terms of technical or specialized areas, although initial induction training is offered for labour inspectors within the various units in the Ministry of Labour and Social Security. The Committee also notes the Government’s indication that, with respect to qualifications of the labour inspection staff, one of the factors considered in recruitment is political affiliation. The Committee recalls that pursuant to Article 6 of the Convention, labour inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of improper external influences and, pursuant to Article 7, they shall be recruited with sole regard to their qualifications for the performance of their duties. The Committee requests the Government to take necessary measures to ensure that labour inspectors are recruited with sole regard to their qualifications for the performance of their duties, in accordance with Article 7 of the Convention. Taking due note of the resource constraints, the Committee expresses the hope that the Government will be in a position to make the necessary arrangements to implement an ongoing training programme for labour inspectors, and it requests the Government to provide information on any developments in this respect.

Article 12(1)(a). Unannounced visits and free access to workplaces liable to inspection. The Committee notes the Government’s indication in its report that owners of workplaces are notified of formal inspection visits. In this respect, the Committee recalls that under Article 12 of the Convention, labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice any workplace liable to inspection. The Committee requests the Government to take the necessary measures, including in the context of the ongoing labour law reform process, to ensure that labour inspectors are empowered, in law and practice, to enter freely and without previous notice any workplace liable to inspection.

Article 18. Adequate penalties. The Committee notes the Government’s reference to the Factories Act, 1974 concerning applicable fines or penalties, and it observes in this respect that the fines established are quite low. The Committee requests the Government to take the necessary measures in the context of the ongoing labour law reform, to ensure the establishment of adequate penalties for the legal provisions enforceable by labour inspectors.

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 2019, published 109th ILC session (2021)

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

Labour law reform. The Committee notes the Government’s reference in its report to the ongoing review of the national labour legislation. It also notes that the Government has sought ILO technical advice on a draft of the Labour Act in the context of the current labour law reform. The Committee requests that the Government take into account its comments below, particularly concerning Articles 3(1) and (2), 12(1)(a) and 18, in the context of its ongoing labour law reform, to ensure full conformity with the Convention. It also requests the Government to provide a copy of the Labour Act, once adopted.

Article 3(1) and (2) of the Convention. Additional duties entrusted to labour inspectors. The Committee notes that, despite the limited number of labour inspectors, the information in the Government’s report indicates that a number of labour inspectors are assigned to work that does not constitute the primary functions of labour inspectors, as set out in Article 3(1) of the Convention. Particularly, the Government’s report indicates that out of 24 labour inspectors: two are assigned to the supervision of work permits, three inspectors focus on matters related to labour migration, three inspectors are charged with employment services for jobseekers and five labour inspectors focus on industrial relations and labour disputes. The Committee recalls that, pursuant to Article 3(1) and (2) of the Convention, 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 (for example, provisions relating to hours, wages, occupational safety and health (OSH), child labour), and any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Noting the limited available resources, the Committee requests the Government to take specific measures, including in the context of the ongoing labour law reform process, to ensure that any other functions assigned to labour inspectors do not interfere with their main objective, to ensure the protection of workers in accordance with Article 3(1) and (2) of the Convention. The Committee requests the Government to provide information on the measures taken in this respect and, in the meantime, to continue to provide information on the total number of labour inspectors as well as the number of inspectors assigned to monitoring labour migration and to functions relating to industrial relations and labour disputes.

Article 9. Association of duly qualified technical experts and specialists in the work of the labour inspection services. Taking due note of the Government’s reference in its report to the difficulty in engaging technical experts and specialists due to a lack of sufficient funds, the Committee expresses the hope that the Government will be in a position to make the necessary arrangements to ensure that duly qualified technical experts and specialists such as those in medicine, engineering, electricity and chemistry, are associated in the work of inspection in the areas of OSH.

Articles 10 and 11. Resources of the labour inspectorate. The Committee previously noted that there was no fixed budget for the labour inspectorate and that it was practically inoperative. The Committee notes with concern the Government’s indication that labour inspectors continue to face severe resource constraints, having no access to appropriate inspection tools, materials, adequate transport facilities or stationery. The Government also indicates that the number of labour inspectors is insufficient to ensure the enforcement of laws which fall under the jurisdiction of the labour inspectorate (24 labour inspectors in total for 10,000 workplaces liable to inspection). Taking due note of the difficulties in obtaining sufficient funds, the Committee expresses the firm hope that the Government will be in a position to report on measures taken to secure an adequate number of labour inspectors and access to the tools, materials and transport facilities necessary for the performance of their duties, in accordance with Articles 10 and 11 of the Convention. It requests the Government to provide information on progress in this respect.

Articles 15(c) and 16. Sufficient number of inspection visits and duty of confidentiality of the source of any complaint. The Committee notes the Government’s indication that labour inspectors perform annual regular inspections, while they hardly perform follow-up inspections and special inspection visits, due to the lack of funds and transport facilities. The Committee recalls that in accordance with Article 16 of the Convention, workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. Noting the limited available resources, the Committee requests the Government to indicate how it is ensured that a sufficient number of labour inspections are undertaken and requests that the Government provide information on any practical measures taken in this regard. Noting the Government’s indication that in practice, only annual regular inspections are performed, the Committee requests that the Government indicate whether it is possible for an individual worker to file a complaint confidentially to the labour inspectorate in accordance with Article 15(c) of the Convention.

Articles 20 and 21. Publication and communication to the ILO of an annual report. The Committee notes that no annual inspection reports have been prepared or communicated to the ILO for many years. However, it welcomes the statistics of the number of labour inspectors, contained in the Government’s report. Taking due note of the resource constraints, the Committee hopes that the Government will take all possible measures to ensure that annual labour inspection reports are prepared, published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.

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

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

Repetition

Articles 6 and 7 of the Convention. Recruitment and training of labour inspectors and independence of labour inspectors. The Committee notes the information in the Government’s report that no training opportunities have been provided to labour inspectors in terms of technical or specialized areas, although initial induction training is offered for labour inspectors within the various units in the Ministry of Labour and Social Security. The Committee also notes the Government’s indication that, with respect to qualifications of the labour inspection staff, one of the factors considered in recruitment is political affiliation. The Committee recalls that pursuant to Article 6 of the Convention, labour inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of improper external influences and, pursuant to Article 7, they shall be recruited with sole regard to their qualifications for the performance of their duties. The Committee requests the Government to take necessary measures to ensure that labour inspectors are recruited with sole regard to their qualifications for the performance of their duties, in accordance with Article 7 of the Convention. Taking due note of the resource constraints, the Committee expresses the hope that the Government will be in a position to make the necessary arrangements to implement an ongoing training programme for labour inspectors, and it requests the Government to provide information on any developments in this respect.

Article 12(1)(a). Unannounced visits and free access to workplaces liable to inspection. The Committee notes the Government’s indication in its report that owners of workplaces are notified of formal inspection visits. In this respect, the Committee recalls that under Article 12 of the Convention, labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice any workplace liable to inspection. The Committee requests the Government to take the necessary measures, including in the context of the ongoing labour law reform process, to ensure that labour inspectors are empowered, in law and practice, to enter freely and without previous notice any workplace liable to inspection.

Article 18. Adequate penalties. The Committee notes the Government’s reference to the Factories Act, 1974 concerning applicable fines or penalties, and it observes in this respect that the fines established are quite low. The Committee requests the Government to take the necessary measures in the context of the ongoing labour law reform, to ensure the establishment of adequate penalties for the legal provisions enforceable by labour inspectors.

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)

Labour law reform. The Committee notes the Government’s reference in its report to the ongoing review of the national labour legislation. It also notes that the Government has sought ILO technical advice on a draft of the Labour Act in the context of the current labour law reform. The Committee requests that the Government take into account its comments below, particularly concerning Articles 3(1) and (2), 12(1)(a) and 18, in the context of its ongoing labour law reform, to ensure full conformity with the Convention. It also requests the Government to provide a copy of the Labour Act, once adopted.

Article 3(1) and (2) of the Convention. Additional duties entrusted to labour inspectors. The Committee notes that, despite the limited number of labour inspectors, the information in the Government’s report indicates that a number of labour inspectors are assigned to work that does not constitute the primary functions of labour inspectors, as set out in Article 3(1) of the Convention. Particularly, the Government’s report indicates that out of 24 labour inspectors: two are assigned to the supervision of work permits, three inspectors focus on matters related to labour migration, three inspectors are charged with employment services for jobseekers and five labour inspectors focus on industrial relations and labour disputes. The Committee recalls that, pursuant to Article 3(1) and (2) of the Convention, 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 (for example, provisions relating to hours, wages, occupational safety and health (OSH), child labour), and any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Noting the limited available resources, the Committee requests the Government to take specific measures, including in the context of the ongoing labour law reform process, to ensure that any other functions assigned to labour inspectors do not interfere with their main objective, to ensure the protection of workers in accordance with Article 3(1) and (2) of the Convention. The Committee requests the Government to provide information on the measures taken in this respect and, in the meantime, to continue to provide information on the total number of labour inspectors as well as the number of inspectors assigned to monitoring labour migration and to functions relating to industrial relations and labour disputes.

Article 9. Association of duly qualified technical experts and specialists in the work of the labour inspection services. Taking due note of the Government’s reference in its report to the difficulty in engaging technical experts and specialists due to a lack of sufficient funds, the Committee expresses the hope that the Government will be in a position to make the necessary arrangements to ensure that duly qualified technical experts and specialists such as those in medicine, engineering, electricity and chemistry, are associated in the work of inspection in the areas of OSH.

Articles 10 and 11. Resources of the labour inspectorate. The Committee previously noted that there was no fixed budget for the labour inspectorate and that it was practically inoperative. The Committee notes with concern the Government’s indication that labour inspectors continue to face severe resource constraints, having no access to appropriate inspection tools, materials, adequate transport facilities or stationery. The Government also indicates that the number of labour inspectors is insufficient to ensure the enforcement of laws which fall under the jurisdiction of the labour inspectorate (24 labour inspectors in total for 10,000 workplaces liable to inspection). Taking due note of the difficulties in obtaining sufficient funds, the Committee expresses the firm hope that the Government will be in a position to report on measures taken to secure an adequate number of labour inspectors and access to the tools, materials and transport facilities necessary for the performance of their duties, in accordance with Articles 10 and 11 of the Convention. It requests the Government to provide information on progress in this respect.

Articles 15(c) and 16. Sufficient number of inspection visits and duty of confidentiality of the source of any complaint. The Committee notes the Government’s indication that labour inspectors perform annual regular inspections, while they hardly perform follow-up inspections and special inspection visits, due to the lack of funds and transport facilities. The Committee recalls that in accordance with Article 16 of the Convention, workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. Noting the limited available resources, the Committee requests the Government to indicate how it is ensured that a sufficient number of labour inspections are undertaken and requests that the Government provide information on any practical measures taken in this regard. Noting the Government’s indication that in practice, only annual regular inspections are performed, the Committee requests that the Government indicate whether it is possible for an individual worker to file a complaint confidentially to the labour inspectorate in accordance with Article 15(c) of the Convention.

Articles 20 and 21. Publication and communication to the ILO of an annual report. The Committee notes that no annual inspection reports have been prepared or communicated to the ILO for many years. However, it welcomes the statistics of the number of labour inspectors, contained in the Government’s report. Taking due note of the resource constraints, the Committee hopes that the Government will take all possible measures to ensure that annual labour inspection reports are prepared, published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.

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

Articles 6 and 7 of the Convention. Recruitment and training of labour inspectors and independence of labour inspectors. The Committee notes the information in the Government’s report that no training opportunities have been provided to labour inspectors in terms of technical or specialized areas, although initial induction training is offered for labour inspectors within the various units in the Ministry of Labour and Social Security. The Committee also notes the Government’s indication that, with respect to qualifications of the labour inspection staff, one of the factors considered in recruitment is political affiliation. The Committee recalls that pursuant to Article 6 of the Convention, labour inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of improper external influences and, pursuant to Article 7, they shall be recruited with sole regard to their qualifications for the performance of their duties. The Committee requests the Government to take necessary measures to ensure that labour inspectors are recruited with sole regard to their qualifications for the performance of their duties, in accordance with Article 7 of the Convention. Taking due note of the resource constraints, the Committee expresses the hope that the Government will be in a position to make the necessary arrangements to implement an ongoing training programme for labour inspectors, and it requests the Government to provide information on any developments in this respect.

Article 12(1)(a). Unannounced visits and free access to workplaces liable to inspection. The Committee notes the Government’s indication in its report that owners of workplaces are notified of formal inspection visits. In this respect, the Committee recalls that under Article 12 of the Convention, labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice any workplace liable to inspection. The Committee requests the Government to take the necessary measures, including in the context of the ongoing labour law reform process, to ensure that labour inspectors are empowered, in law and practice, to enter freely and without previous notice any workplace liable to inspection.

Article 18. Adequate penalties. The Committee notes the Government’s reference to the Factories Act, 1974 concerning applicable fines or penalties, and it observes in this respect that the fines established are quite low. The Committee requests the Government to take the necessary measures in the context of the ongoing labour law reform, to ensure the establishment of adequate penalties for the legal provisions enforceable by labour inspectors.

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

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

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

Repetition

Resources of the labour inspectorate. The Committee notes the Government’s report and the information it contains in response to its previous comments. It notes that there is no fixed allocation specified for the labour inspectorate in the budget of the Ministry of Labour, Social Security and Industrial Relations. Resources for labour inspection are drawn from money set aside for local travel within the professional division’s budget and are minimal. The Committee also notes that, according to the Government, the budgetary allocation set aside for the factory inspectorate within the Ministry’s budget should be increased, in order to allow the factory inspectorate to carry out the tasks incumbent upon it. Furthermore, it notes the information that the labour inspectorate is practically inoperative, while the factory inspectorate also suffers from a lack of staff. The Committee hopes that, in its next report, the Government will be in a position to report on measures, in particular of a budgetary nature, aimed at ensuring that the number of labour inspectors is sufficient (Article 10 of the Convention) and that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11). The Committee notes in this regard that the Government wishes to avail itself of the technical cooperation of the ILO in order to ensure the efficient operation of the labour inspection system. It requests the Government to indicate the steps it has taken to this end.

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

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

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 comments.

Repetition

Resources of the labour inspectorate. The Committee notes the Government’s report and the information it contains in response to its previous comments. It notes that there is no fixed allocation specified for the labour inspectorate in the budget of the Ministry of Labour, Social Security and Industrial Relations. Resources for labour inspection are drawn from money set aside for local travel within the professional division’s budget and are minimal. The Committee also notes that, according to the Government, the budgetary allocation set aside for the factory inspectorate within the Ministry’s budget should be increased, in order to allow the factory inspectorate to carry out the tasks incumbent upon it. Furthermore, it notes the information that the labour inspectorate is practically inoperative, while the factory inspectorate also suffers from a lack of staff. The Committee hopes that, in its next report, the Government will be in a position to report on measures, in particular of a budgetary nature, aimed at ensuring that the number of labour inspectors is sufficient (Article 10 of the Convention) and that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11). The Committee notes in this regard that the Government wishes to avail itself of the technical cooperation of the ILO in order to ensure the efficient operation of the labour inspection system. It requests the Government to indicate the steps it has taken to this end.

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

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:

Repetition

Resources of the labour inspectorate. The Committee notes the Government’s report and the information it contains in response to its previous comments. It notes that there is no fixed allocation specified for the labour inspectorate in the budget of the Ministry of Labour, Social Security and Industrial Relations. Resources for labour inspection are drawn from money set aside for local travel within the professional division’s budget and are minimal. The Committee also notes that, according to the Government, the budgetary allocation set aside for the factory inspectorate within the Ministry’s budget should be increased, in order to allow the factory inspectorate to carry out the tasks incumbent upon it. Furthermore, it notes the information that the labour inspectorate is practically inoperative, while the factory inspectorate also suffers from a lack of staff. The Committee hopes that, in its next report, the Government will be in a position to report on measures, in particular of a budgetary nature, aimed at ensuring that the number of labour inspectors is sufficient (Article 10 of the Convention) and that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11). The Committee notes in this regard that the Government wishes to avail itself of the technical cooperation of the ILO in order to ensure the efficient operation of the labour inspection system. It requests the Government to indicate the steps it has taken to this end.

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

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:

Repetition

Resources of the labour inspectorate. The Committee notes the Government’s report and the information it contains in response to its previous comments. It notes that there is no fixed allocation specified for the labour inspectorate in the budget of the Ministry of Labour, Social Security and Industrial Relations. Resources for labour inspection are drawn from money set aside for local travel within the professional division’s budget and are minimal. The Committee also notes that, according to the Government, the budgetary allocation set aside for the factory inspectorate within the Ministry’s budget should be increased, in order to allow the factory inspectorate to carry out the tasks incumbent upon it. Furthermore, it notes the information that the labour inspectorate is practically inoperative, while the factory inspectorate also suffers from a lack of staff. The Committee hopes that, in its next report, the Government will be in a position to report on measures, in particular of a budgetary nature, aimed at ensuring that the number of labour inspectors is sufficient (Article 10 of the Convention) and that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11). The Committee notes in this regard that the Government wishes to avail itself of the technical cooperation of the ILO in order to ensure the efficient operation of the labour inspection system. It requests the Government to indicate the steps it has taken to this end.

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

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:

Repetition

Resources of the labour inspectorate. The Committee notes the Government’s report and the information it contains in response to its previous comments. It notes that there is no fixed allocation specified for the labour inspectorate in the budget of the Ministry of Labour, Social Security and Industrial Relations. Resources for labour inspection are drawn from money set aside for local travel within the professional division’s budget and are minimal. The Committee also notes that, according to the Government, the budgetary allocation set aside for the factory inspectorate within the Ministry’s budget should be increased, in order to allow the factory inspectorate to carry out the tasks incumbent upon it. Furthermore, it notes the information that the labour inspectorate is practically inoperative, while the factory inspectorate also suffers from a lack of staff. The Committee hopes that, in its next report, the Government will be in a position to report on measures, in particular of a budgetary nature, aimed at ensuring that the number of labour inspectors is sufficient (Article 10 of the Convention) and that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11). The Committee notes in this regard that the Government wishes to avail itself of the technical cooperation of the ILO in order to ensure the efficient operation of the labour inspection system. It requests the Government to indicate the steps it has taken to this end.

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

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:

Resources of the labour inspectorate. The Committee notes the Government’s report and the information it contains in response to its previous comments. It notes that there is no fixed allocation specified for the labour inspectorate in the budget of the Ministry of Labour, Social Security and Industrial Relations. Resources for labour inspection are drawn from money set aside for local travel within the professional division’s budget and are minimal. The Committee also notes that, according to the Government, the budgetary allocation set aside for the factory inspectorate within the Ministry’s budget should be increased, in order to allow the factory inspectorate to carry out the tasks incumbent upon it. Furthermore, it notes the information that the labour inspectorate is practically inoperative, while the factory inspectorate also suffers from a lack of staff. The Committee hopes that, in its next report, the Government will be in a position to report on measures, in particular of a budgetary nature, aimed at ensuring that the number of labour inspectors is sufficient (Article 10 of the Convention) and that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11). The Committee notes in this regard that the Government wishes to avail itself of the technical cooperation of the ILO in order to ensure the efficient operation of the labour inspection system. It requests the Government to indicate the steps it has taken to this end.

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

The Committee notes again 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:

Resources of the labour inspectorate. The Committee notes the Government’s report and the information it contains in response to its previous comments. It notes that there is no fixed allocation specified for the labour inspectorate in the budget of the Ministry of Labour, Social Security and Industrial Relations. Resources for labour inspection are drawn from money set aside for local travel within the professional division’s budget and are minimal. The Committee also notes that, according to the Government, the budgetary allocation set aside for the factory inspectorate within the Ministry’s budget should be increased, in order to allow the factory inspectorate to carry out the tasks incumbent upon it. Furthermore, it notes the information that the labour inspectorate is practically inoperative, while the factory inspectorate also suffers from a lack of staff. The Committee hopes that, in its next report, the Government will be in a position to report on measures, in particular of a budgetary nature, aimed at ensuring that the number of labour inspectors is sufficient (Article 10 of the Convention) and that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11). The Committee notes in this regard that the Government wishes to avail itself of the technical cooperation of the ILO in order to ensure the efficient operation of the labour inspection system. It requests the Government to indicate the steps it has taken to this end.

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

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 in reply to its previous direct request, which read as follows:

Resources of the labour inspectorate. The Committee notes the Government’s report and the information it contains in response to its previous comments. It notes that there is no fixed allocation specified for the labour inspectorate in the budget of the Ministry of Labour, Social Security and Industrial Relations. Resources for labour inspection are drawn from money set aside for local travel within the professional division’s budget and are minimal. The Committee also notes that, according to the Government, the budgetary allocation set aside for the factory inspectorate within the Ministry’s budget should be increased, in order to allow the factory inspectorate to carry out the tasks incumbent upon it. Furthermore, it notes the information that the labour inspectorate is practically inoperative, while the factory inspectorate also suffers from a lack of staff. The Committee hopes that, in its next report, the Government will be in a position to report on measures, in particular of a budgetary nature, aimed at ensuring that the number of labour inspectors is sufficient (Article 10 of the Convention) and that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11). The Committee notes in this regard that the Government wishes to avail itself of the technical cooperation of the ILO in order to ensure the efficient operation of the labour inspection system. It requests the Government to indicate the steps it has taken to this end.

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

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:

Resources of the labour inspectorate. The Committee notes the Government’s report and the information it contains in response to its previous comments. It notes that there is no fixed allocation specified for the labour inspectorate in the budget of the Ministry of Labour, Social Security and Industrial Relations. Resources for labour inspection are drawn from money set aside for local travel within the professional division’s budget and are minimal. The Committee also notes that, according to the Government, the budgetary allocation set aside for the factory inspectorate within the Ministry’s budget should be increased, in order to allow the factory inspectorate to carry out the tasks incumbent upon it. Furthermore, it notes the information that the labour inspectorate is practically inoperative, while the factory inspectorate also suffers from a lack of staff. The Committee hopes that, in its next report, the Government will be in a position to report on measures, in particular of a budgetary nature, aimed at ensuring that the number of labour inspectors is sufficient (Article 10 of the Convention) and that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11). The Committee notes in this regard that the Government wishes to avail itself of the technical cooperation of the ILO in order to ensure the efficient operation of the labour inspection system. It requests the Government to indicate the steps it has taken to this end.

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

Resources of the labour inspectorate. The Committee notes the Government’s report and the information it contains in response to its previous comments. It notes that there is no fixed allocation specified for the labour inspectorate in the budget of the Ministry of Labour, Social Security and Industrial Relations. Resources for labour inspection are drawn from money set aside for local travel within the professional division’s budget and are minimal. The Committee also notes that, according to the Government, the budgetary allocation set aside for the factory inspectorate within the Ministry’s budget should be increased, in order to allow the factory inspectorate to carry out the tasks incumbent upon it. Furthermore, it notes the information that the labour inspectorate is practically inoperative, while the factory inspectorate also suffers from a lack of staff. The Committee hopes that, in its next report, the Government will be in a position to report on measures, in particular of a budgetary nature, aimed at ensuring that the number of labour inspectors is sufficient (Article 10 of the Convention) and that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11). The Committee notes in this regard that the Government wishes to avail itself of the technical cooperation of the ILO in order to ensure the efficient operation of the labour inspection system. It requests the Government to indicate the steps it has taken to this end.

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

Referring also to its observation, the Committee draws the Government’s attention to its obligations under this Convention and would be grateful if the Government would supply detailed information concerning: (i) the legislation in force dealing with labour inspection issues: issues relating to conditions of work (Article 3, paragraph 1, of the Convention), the status of labour inspectors (Article 6), the powers of labour inspectors (Articles 12 and 13) and their duties (Articles 15 and 19); (ii) the organization and the functioning of the central and local structures responsible for labour inspection (Articles 4 and 5). The Government is also asked to provide details on: (iii) the resources available to labour inspection units or services to perform their duties (Article 11); the geographical distribution of the staff of the labour inspectorate and the types and geographical distribution of workplaces liable to labour inspection (Article 10).

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

Referring to its previous reiterated comments, the Committee notes once again that, according to the Government, the peace having now returned, it is planned to recruit labour inspectors and to request technical assistance from the ILO to ensure the improvement of the labour inspection services throughout the country.

The Committee hopes once again that the Government would not fail to supply any available information requested in the report form under each of the provisions of the Convention; to indicate the areas where technical assistance is needed and to keep the ILO informed on any step taken in view to obtaining such assistance as well as on results reached.

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

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

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 has not submitted a report under article 22 of the Constitution and that it has not replied to its earlier comments. It trusts that, with the return of peace and the normal operation of the country’s institutions, it will soon be in a position to do so. While reminding the Government that the ILO’s regional bodies can be of technical assistance in the search for appropriate solutions with a view to applying the Convention, the Committee asks the Government to provide all available information on the manner in which effect is given to its provisions in accordance with the requirements of the report form adopted by the Governing Body of the ILO.

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

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

The Committee notes 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 has not submitted a report under article 22 of the Constitution and that it has not replied to its earlier comments. It trusts that, with the return of peace and the normal operation of the country’s institutions, it will soon be in a position to do so. While reminding the Government that the ILO’s regional bodies can be of technical assistance in the search for appropriate solutions with a view to applying the Convention, the Committee asks the Government to provide all available information on the manner in which effect is given to its provisions in accordance with the requirements of the report form adopted by the Governing Body of the ILO.

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

The Committee notes that the Government has not submitted a report under article 22 of the Constitution and that it has not replied to its earlier comments. It trusts that, with the return of peace and the normal operation of the country’s institutions, it will soon be in a position to do so. While reminding the Government that the ILO’s regional bodies can be of technical assistance in the search for appropriate solutions with a view to applying the Convention, the Committee asks the Government to provide all available information on the manner in which effect is given to its provisions in accordance with the requirements of the report form adopted by the Governing Body of the ILO.

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

The Committee notes the Government's reply to its previous comments regarding the serious problems of application of the Convention. It notes the Government's statement that, in reality, there has been no labour inspection unit in the Labour Department and there have therefore been no labour inspectors to carry out labour inspection (Article 10 and 11 of the Convention). There is therefore no information as to the frequency of inspection visits (Article 16) or the preparation of annual labour inspection reports (Articles 20 and 21).

The Committee notes however that the Government now plans to employ labour inspectors for the smooth functioning of labour inspection. It hopes that, with the cooperation of the technical services of the office concerned, it will be possible to make some workable proposals of various kinds to the inspection services.

The Committee reiterates the view that labour inspection is of central importance in ensuring the implementation of labour standards. It hopes that the Government will continue to provide available information on the manner in which the Convention is applied and on progress made.

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

The Committee notes the Government's reply to its previous comments regarding the serious problems of application of the Convention. It notes that the situation of the labour inspection service, in particular the number of labour inspectors, the frequency of inspection visits, the transport facilities furnished to labour inspectors and the absence of publication and transmission of annual labour inspection reports (Articles 10, 11, 16, 20 and 21 of the Convention), has not improved. The Committee hopes that with the cooperation of the concerned technical department of the Office it will be possible to make some workable proposals for support of various kinds to the inspection services, and that the Government will continue to provide available information on the manner in which the Convention is applied and on any progress made.

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:

Articles 10 and 16 of the Convention. Please indicate whether the number of labour inspectors is sufficient to enable them to visit the workplaces liable to inspection as often and as thoroughly as is necessary.

Article 11. Please indicate the transport facilities furnished to labour inspectors in order to enable them to perform their duties effectively.

Articles 20 and 21. The Committee notes the financial difficulties referred to in the last report, which prevent the publication of the annual inspection reports, and requests the Government to refer to the observation it made in 1987. It once again expresses the hope that future annual reports on the activities of the labour inspection services will contain all the information laid down in Article 21 and will be published and transmitted to the Office within the time-limits set forth in Article 20.

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

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

Articles 10 and 16 of the Convention. Please indicate whether the number of labour inspectors is sufficient to enable them to visit the workplaces liable to inspection as often and as thoroughly as is necessary.

Article 11. Please indicate the transport facilities furnished to labour inspectors in order to enable them to perform their duties effectively.

Articles 20 and 21. The Committee notes the financial difficulties referred to in the last report, which prevent the publication of the annual inspection reports, and requests the Government to refer to the observation it made in 1987. It once again expresses the hope that future annual reports on the activities of the labour inspection services will contain all the information laid down in Article 21 and will be published and transmitted to the Office within the time-limits set forth in Article 20.

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

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

The Committee would be grateful if the Government would supply detailed information on the measures that have been taken in order to give greater effect to the Convention, particularly regarding the following points:

Articles 10 and 16 of the Convention. Please indicate whether the number of labour inspectors is sufficient to enable them to visit the workplaces liable to inspection as often and as thoroughly as is necessary.

Article 11. Please indicate the transport facilities furnished to labour inspectors in order to enable them to perform their duties effectively.

Articles 20 and 21. The Committee notes the financial difficulties referred to in the report, which prevent the publication of the annual inspection reports, and requests the Government to refer to the observation it made in 1987. It once again expresses the hope that future annual reports on the activities of the labour inspection services will contain all the information laid down in Article 21 and will be published and transmitted to the Office within the time-limits set forth in Article 20.