Observación (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) - Armenia (Ratificación : 2004)

Previous comment

The Committee notes the observations from the Confederation of Trade Unions of Armenia (CTUA) communicated with the Government’s reports.

Articles 3, 4, 7, 9, 12, 13, 16 and 17 of the Convention. Moratorium on labour inspections. The Committee notes that the moratorium on inspections expired on 1 January 2018. Taking due note of this information , the Committee expects that no moratorium on inspections will be placed in the future. Therefore, it requests the Government to provide detailed statistics on the number of inspection visits undertaken by the Health and Labour Inspection Body (HLIB).

Article 3(2). Additional duties of labour inspectors. The Committee notes the Government’s indication that the amendments to the Labour Code introduced by the Law N HO-265-N of 4 December 2019, which entered into force on 1 July 2021, provide that labour inspectors are empowered to control compliance with labour legislation and collective agreements and can apply enforcement measures in cases stipulated by law. The Government further indicates that the amended section 230 of the Code on Administrative Offenses, which came into force on 1 July 2021, grants to the HLIB the authority to handle cases regarding administrative offences for violating the requirements of the labour legislation.

The Committee also notes the Government’s indication about the amendments to HLIB’s Statute by Prime-Minister’s Decision N 768-L of 3 July 2020 and Decision No. 781-L of 23 July 2021. The Committee notes that section 11 of HLIB’s Statute enlists HLIB’s supervisory powers on a number of areas, including labour and OSH legislation. The Committee notes that other areas under HLIB’s supervision refer to matters unrelated to conditions of work and protection of workers (such as supervision over circulation of medicine; donation of human blood and its components and transfusion; human reproductive health and reproductive rights; psychiatric care, among others). The Committee recalls that according to Article 3(1) 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 and that according to Article 3(2), any further duties which may be entrusted to them must not be such as to interfere with the discharge of their primary duties.

Noting that the tasks assigned to the HLIB include a number of substantial functions in addition to 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 measures in law and practice to ensure that, in accordance with Article 3(2) of the Convention, additional functions entrusted to labour inspectors do not interfere with the effective discharge of their primary duties and to provide specific information on all progress thereon.

Articles 12 and 16. Free access of inspectors to workplaces without previous notice. Inspections as often and as thoroughly as necessary. The Committee notes the Government’s indication that section 7 of the Law “On Organization and Conduct of Inspections in the Republic of Armenia (RA)” provides for inspectors’ powers, while section 8(1) stipulates inspectors’ duties. However, the Committee notes that the Law does not provide for the right of labour inspectors to enter any workplace liable to inspection without previous notice at any hour of the day or night, as stipulated in Article 12(1)(a) of the Convention.

In addition, the Committee notes that section 3(2) of the same Law obliges inspection authorities, prior to inspection visits, to issue an order for inspection specifying, among others, the body conducting the inspection, full name of the commercial entity under inspection, name, surname of the official(s) conducting the inspection, scope of issues, period under review, purpose, inspection term, and legal basis for the inspection. The Committee notes the general requirement for the inspection authority to submit to the employer the order for inspection at least three working days in advance of the inspection (section 3(3)). The Committee also notes CTUA’s observations according to which the procedure for conducting inspections, as established by the legislation, is not in line with the requirements of Article 12(1) of the Convention.

The Committee recalls that Article 12(1)(a) provides that labour inspectors shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. In addition, Article12(2) provides that labour inspectors shall have the right to decide not to inform the employer or their representatives of their presence on the occasion of an inspection visit when they consider that such a notification may be prejudicial to the performance of their duties.

The Committee also notes the Government’s indication that the inspection body undertakes inspection based on an annual plan, which is presented by the Head of the inspection body, approved by the Governing Council of the inspection body and published on HLIB’s webpage, or alternatively in case of necessity. The Committee notes the Government’s reference to section 4(3) of the Law on Organization and Conduct of Inspections, which limits frequency of labour inspection visits in workplaces in accordance with risk categorization, such as high risk (inspections not more than once in a year), medium risk (inspections not more than once in three years) and low risk (inspections not more than once in five years). The Government indicates that public complaints about business entities are used in the risk-based gradation and that inspections in case of necessity, outside the annual plan, are undertaken in view of a high level of risk, or in case of multiple complaints about the same business entity in a short period of time. Noting the Government’s explanation about the possibility to modify the annual plan, the Committee once again expresses the view that limiting the number of inspection visits to a specific number for a certain time period raises obstacles to the effective performance of labour inspection functions.

Furthermore, the Committee notes that section 4(1) and (2) of the same Law limits the duration of an inspection visit to up to 15 consecutive working days per year, which can be extended up to the total duration of actual inspection of 30 working days upon a written justification. The Committee further observes that section 5 allows repeated inspections only in exceptional cases, such as following an instruction of the Prime Minister or within a criminal procedure. The Committee recalls that, according to Article 16, labour inspectors shall undertake inspections as often and as thoroughly as is necessary to ensure the effective application of relevant legal provisions. Noting with serious concern the extent of limitations imposed on the authority and powers of labour inspectors, the Committee requests the Government to take the necessary measures to ensure that labour inspectors provided with proper credentials are empowered to enter freely any workplace liable to inspection without previous notice and to conduct inspections as often and as thoroughly as necessary. The Committee also requests the Government to provide information on the number of announced and unannounced inspections conducted by labour inspectors as well as the number and nature of inspections conducted outside the scope of the annual plan. The Committee further requests the Government to provide its comments in respect of CTUA’s observations.

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