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

Labour Inspection Convention, 1947 (No. 81) - Sint Maarten

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Articles 3(2), 10 and 16 of the Convention. Human resources of the labour inspectorate and additional duties entrusted to labour inspectors. The Committee notes that according to the Government, the Labour Inspectorate is currently comprised of four labour inspectors, including the chief inspector, who is also a sworn extraordinary police officer, and that two positions, one of inspector and one of controller, are currently vacant. The Committee further notes that the labour inspectors are entrusted with the enforcement of the National Ordinance on Foreign Labour, and that many critical violations identified in 2019 related to the lack of employment permits for migrant workers. The Committee also notes that according to the Government, some inspection visits are carried out with the assistance of the Police and/or the Immigration Department. Noting the absence of information on this matter, the Committee once again requests that the Government provide detailed information on the nature and scope of the activities carried out by the labour inspector in relation to the control of the employment of foreigners, including information on the violations detected and the legal provisions concerned, as well as the legal proceedings initiated, remedies applied, and sanctions imposed. The Committee also requests the Government to provide information on the measures taken for the filling of the vacant labour inspection posts.

Article 6. Status and conditions of service of labour inspectors. Noting the continued absence of information on this regard, the Committee urges the Government to provide information on the status of labour inspectors and to communicate any legal texts ensuring their stability of employment and independence of changes of government and improper external influences. The Committee also urges the Government to specify the scale of remuneration of labour inspectors by comparison to the remuneration of comparable categories of public officers such as tax inspectors.

Article 7. Training of labour inspectors. The Committee notes the Government’s information on the training and workshops provided to labour inspectors in 2019. The Committee also notes that the Government did not provide information on the duration and number of participants of such training. The Committee requests the Government to continue to provide information on the training provided to labour inspectors, including the subjects covered. It further once again requests that this information include details on the duration and participants of such training.

Articles 12, 13, 17 and 18. Labour inspectors’ powers and powers related to occupational safety and health (OSH) enforcement. Adequate penalties and effective enforcement. The Committee notes the Government’s information on the different types of inspection visits and the statistics on the number and nature of inspections undertaken. It further notes the Government’s indication that most violations committed by businesses in 2016 concerned the Labour Regulation, whereas in 2019 they related to the National Safety Ordinance and the National Ordinance Foreign Labour. The Government indicates that labour inspectors intervened with verbal warnings, directives, stop orders and, in case of multiple violations, the issuing of official letters. The Committee requests the Government to continue to provide information on the nature and number of inspection visits, including details on inspections undertaken without previous notice. It also requests the Government to provide detailed information on the measures adopted by the labour inspectors, including those with immediate executory force. In addition, the Committee requests the Government to provide information on the nature and extent of penalties actually applied for violations of the legal provisions enforceable by labour inspectors.

Article 14. Reporting of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes that according to the Government, the immediate notification to the labour inspectorate when occupational accidents occur rarely happens and, in certain cases, accidents are being reported days after they occurred. In 2016, no industrial accidents were reported to the labour inspectorate, and in 2019, three accidents were reported, which resulted in two deaths. The Committee further notes the information provided by the Government concerning (i) an Occupational Health and Safety awareness campaign, which introduced an emergency phone line for the public; (ii) the complaint officer stand-by, which is at the public’s disposal to report dangerous working situations, and an email address to file a complaint; and (iii) in-house training for inspectors regarding industrial accidents.

The Committee notes that while in 2016 there were no complaints directly related to occupational diseases, in 2019, nine complaints were filed. The Committee also notes that the complaints mostly concerned mould infested buildings, insufficient air circulation, and other related effects, and that after hurricanes Irma and Maria, mould infestation increased. The Committee requests the Government to continue to provide information on the measures taken or envisaged to improve the notification to the labour inspectorate of industrial accidents. It further requests once again that the Government provide details on the impact of such measures. The Committee also once again requests the Government to provide information on the mechanisms in place for the reporting of cases of occupational disease.

Articles 20 and 21. Publication and communication to the ILO of annual reports. The Committee notes that an annual inspection report has not been received. It also notes that some statistical information was provided in the Government report such as on (i) the staff of the Labour Inspectorate; (ii) inspection visits; (iii) number of industrial accidents, and (iv) occupational diseases. The Committee notes that the Labour Market Information System was reintroduced in 2019 to replace the way in which records are kept in spreadsheets and to produce statistics of all inspections conducted. The Committee encourages the Government to pursue its efforts to ensure the preparation and transmission to the ILO of the annual labour inspection report containing information on all the subjects of Article 21(a)–(g). The Committee requests the Government to provide information on the publication of the annual report, in accordance with Article 20(1) of the Convention.