Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

Convention (n° 81) sur l'inspection du travail, 1947 - Nouvelle-Calédonie

The Committee notes the Government's report and the annual reports of the labour inspection services for 1997 and 1998. The Committee draws the Government's attention to the following points.

Article 6 of the Convention. The Committee notes the information concerning the labour inspection personnel. It would be grateful if the Government would supply detailed information on the status and conditions of service of the four labour inspectors working on the territory and specify in particular if they are authorized to serve official notices in cases of infringements.

Article 16. The Committee notes that inspection visits are still becoming less frequent. It also notes that the sole criterion for determining the frequency of visits (number of employees) is not always relevant, and account should also be taken of the nature of the activity practised. Some activities practised in establishments with few employees may be of a dangerous character, calling for particular vigilance from the inspection services. Moreover, due to the small number of employees, workers' associations likely to request the intervention of the labour inspection services where needed, may not be constituted in some enterprises. The Committee would be grateful if the Government would indicate the number of visits carried out relative to the number of enterprises liable to inspection, the number of employees and the branch of activity.

Articles 17 and 18. The Committee notes the large reduction in the number of official reports of offences drawn up between 1997 and 1998 by the inspection services. It also notes that the statistics provided concern only regular visits, and not those made on receipt of complaints. The information that the insignificance of the fines imposed by the courts acts as a disincentive to the labour inspectors to submit official reports of offences, gives cause for concern on several fronts: firstly it removes the principal objective of fines, which is to dissuade employers from contravening the law; secondly, it reduces the authority and credibility of labour inspectors, both in respect of employers and workers; finally, workers are likely to cease denouncing the offences of which they are the first victims. Such a situation is liable to jeopardize the objectives of the Convention. It is therefore of particular importance that measures should be taken as soon as possible to ensure greater collaboration between the labour inspectorate and the judicial authority, for a correct application of the provisions of the Convention. The Committee requests the Government to take such measures as it considers appropriate in this connection and to transmit information on these measures as well as on progress achieved.

Article 20. The Committee requests the Government to state whether the annual inspection reports as submitted to the ILO are published within the time limits required under this Article, to indicate in what manner these reports are made available to the employers and workers as well as to their organizations, so as to allow the basic objectives of this provision, as set forth in paragraphs 272 and 273 of the 1985 General Survey by the Committee of Experts on labour inspection, to be attained.

Article 21. The Committee notes that the annual reports on inspection do not contain certain information indispensable to an adequate understanding of the situation of the fields covered. The statistics on establishments visited (d) should include statistics of workplaces liable to inspection (c) and should indicate a number of useful details as listed under (c) and (d) of Paragraph 9 of Recommendation No. 81 which supplements this Convention. As regards statistics of occupational accidents and diseases (Article 21(g) and (f)), they should be subdivided in the manner indicated in Paragraph 9(f) and (g) of the same Recommendation. The Committee would be grateful if the Government would take measures to ensure the correct implementation of this provision and hopes that the next annual reports of inspection will contain detailed information on the subjects mentioned above.

[The Government is asked to report in detail in 2000.]