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Repetition The Committee notes the scarce information in the Government’s report. The Committee has equally taken note of the information on the labour administration system contained: (i) in the 2006 handbook elaborated by the Ministry of Labour, Technological Development and Environment, and published by the ILO; as well as (ii) in the Government’s reports in relation to other Conventions. The Committee requests the Government to provide up-to-date and as detailed information as possible on every Article of the present Convention.Article 1 of the Convention. Organization of the labour administration system. The Committee requests the Government to provide up-to-date information on the organization of the whole labour administration system (Ministry of Labour, Technological Development and Environment, its composing departments and, if applicable, its regional and local structure; ministerial institutions on national and, if applicable, regional and local levels; or any other public administrative bodies) and to provide a relevant organizational chart. Further, it would be grateful if the Government would indicate whether there are any parastatal bodies which have been entrusted with labour administration functions.The Committee requests the Government to provide a copy of State Decree SB 1992 No. 71 on the organizational structure of the Ministry of Labour, Technological Development and Environment and/or the State Decree of 27 January 1970 containing the terms of reference of this Ministry, respectively, which according to the information in the 2006 handbook, seems to have last been modified in 2002. It also requests the Government to provide any other texts on the organization and functioning of other organs entrusted with functions related to labour administration, such as legal instruments governing the National Labour Mediation Council, the Dismissal Board, the Social Investment Fund, the Foundation for Productive Work Units, the Foundation for Labour Mobilization and Development, the Suriname Labour College, the Board for Cooperatives, the Board for Occupational Health, the Social and Economic Council and the National Commission on Employment (or the National Council for Employment, after its establishment).Article 2. Delegation of certain activities to non-governmental organizations. The Committee requests the Government to provide information on any developments regarding the delegation of labour administration activities to non-governmental organizations, including employers’ or workers’ organizations.Article 3. Activities in the field of labour policy which are regulated by recourse to direct negotiation between employers’ and workers’ organizations. The Committee notes that, according to the statement by the Ministry of Labour, Technological Development and Environment in the 2006 handbook on the labour administration system, collective bargaining agreements are widespread in the country. The Committee requests the Government to provide information on any developments as regards particular activities in the field of labour policy regulated by recourse to direct negotiation between employers’ and workers’ organizations. If applicable, it requests the Government to provide a copy of any relevant collective agreements in force.Article 4. Organization and effective operation of the labour administration system. The Committee requests the Government to provide information as detailed as possible on the manner in which an effective operation and coordination is ensured among the functions and responsibilities of the different entities of the labour administration system (for example, priorities and targets set out, reporting system and interaction between the different entities).Article 5 of the Convention and Part IV of the report form. Consultation, cooperation and negotiation between the public authorities and the most representative employers’ and workers’ organizations. The Committee had previously noted that, in conformity with the objective set in the Constitution of the country to involve labour unions in the determination of labour policy (article 31(2) provides, among other things, for their involvement in the preparation of labour legislation and the preparation and supervision of the implementation of social and economic plans), there have been several tripartite bodies set up in the country, such as the Labour Advisory Board, the National Labour Mediation Council, the Dismissal Board (DB) and the Suriname Labour College (SIVIS). Further, the Committee has noted, in its comments under Employment Policy Convention, 1964 (No. 122), in 2007 and 2009 and its comments under Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) in 2004, 2006 and 2008, the developments concerning the participation of tripartite bodies in the determination of labour policy, namely: (i) the participation of tripartite partners in six commissions set up to revise labour legislation in Suriname and their submission of views regarding amendments or new laws; (ii) the consultation with social partners in the realization of the Multi-Annual Development Plan for 2006–11; and (iii) the submissions by the Labour Advisory Board to the Ministry of Labour and the Ministry of Public Health in the area of draft legislation on migrant labour, as well as in the area of contract labour and health insurance. It further noted that, under the abovementioned Conventions, the Labour Advisory Board was inactive during some periods of time, that the tripartite Social Economic Council had not been installed until 2009, and that the Government intends to transform the National Commission on Employment into a permanent tripartite entity named National Council for Employment. The Committee requests the Government to provide information on all entities that have a tripartite structure (including entities with a tripartite management board), provide a copy of any legislative texts governing these entities and describe their respective activities and their functioning in practice. It asks the Government to provide a copy of any report or extract from any report on the work of these tripartite entities and to provide information on the impact of their submissions in the area of labour administration.The Committee asks the Government to indicate if measures have been taken to enhance consultations, negotiations or tripartite cooperation also on regional or local level or in different economic sectors.Article 6(2)(a), (b), (c) and (d). Preparation and administration of national labour policy and employment policy. Services available to employers and workers. The Committee noted, under its comment under Convention No. 122 in 2007, that the Multi-Annual Development Plan for 2006–11 contains the following objectives: (i) eradication of unemployment through the creation of facilities for small businesses; (ii) achieving a gender balance by promoting the employment of women in management positions; (iii) fostering vocational training; (iv) creating a social investment fund to provide credit facilities for small businesses; and (v) renaming the National Commission on Employment to the National Council for Employment and providing for a tripartite structure. The Committee asks the Government to indicate if and how it is envisaged to involve entities like the National Labour Advisory Board, the National Council for Employment or the Social and Economic Council in the development of future national labour policy or, for example, the Multi-Annual Development Plan for 2012–17 (Article 6(2)(a)). As employment services are concerned, the Committee notes the information in the 2006 handbook of the Ministry of Labour, Technological Development and Environment, on the functions of its Labour Market Department (composed of the following units: Labour Market Analysis, Labour Statistics, Employment Agency and Labour Market Development), as well as the functions of the Foundation for Labour Mobilization and Development in the area of job market training. The Committee requests the Government to provide information on the activities of the Labour Market Department and to provide a copy of any relevant documentation in this regard. In addition, it also requests the Government to provide information on the activities of the Foundation for Labour Mobilization and Development, namely the content, scope, frequency and participants of any training courses made available to workers. Please also indicate if there are other bodies entrusted with functions related to employment policy and provide information on its activities (Article 6(2)(b)).The Committee equally notes the information in the handbook on the different functions of the National Labour Mediation Council (providing general advice, carrying out mediation or conciliation, providing assistance to parties before an arbitration tribunal and carrying out instances of arbitration). The Committee requests the Government to provide information on the activities of the Labour Mediation Council in practice and to provide a copy of any relevant report. Further, please indicate if there are other bodies entrusted with the provision of services other than in the area of dispute resolution or bodies entrusted with the provision of technical advice on labour matters, to employers and workers and their respective organizations (Article 6(2)(c )and (d)).Article 7. Extension of the functions of the system of labour administration to categories of workers who are not considered employed persons by law. The Committee requests the Government to indicate any development regarding the intention to extend labour administration activities to workers engaged in occupations listed in paragraphs (a)–(d) of this Article.Article 8 of the Convention. Participation in the preparation of national policy concerning international labour affairs. The Committee has previously noted, for example in its comments under Convention No. 144 in 2001, 2004 and 2006, that tripartite consultations have taken place in the Labour Advisory Board, with a view to subsequent ratifications of several international labour Conventions, namely Minimum Age Convention, 1973 (No. 138), Private Employment Agencies Convention, 1997 (No. 181), and Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee equally notes the information on the functions of the International Affairs Unit of the Legal and International Affairs Department at the Ministry of Labour, Technological Development and Environment. The Committee requests the Government to continue to provide detailed information on consultations held within tripartite bodies like the Labour Advisory Board in this regard and the impact in law and practice of views expressed therein. Further, please provide information on the activities of the International Affairs Unit of the Legal and International Affairs Department or any other body entrusted with functions in this regard and communicate a copy of any reports containing information on their activities.Article 9 of the Convention. Supervision of parastatal and regional or local agencies to which particular labour administration activities may have been delegated. The Committee requests the Government, if applicable, to describe the means to ensure that any parastatal organisms and regional or local entities respect national laws and objectives of national labour policy.Article 10 of the Convention. Staff of the labour administration system and material means. The Committee requests the Government to provide up-to-date and detailed information on the composition, status and conditions of service of the staff of the labour administration system. Please provide a copy of legal texts governing the labour administration staff, documentation on the content, frequency and scope of training provided or any other relevant information in this regard (paragraph 1).Further, please describe the material means and the financial resources allocated for the effective performance of duties of the personnel and, if applicable, any difficulties encountered in this regard (paragraph 2).Judicial decisions. Application in practice. The Government is requested to respond in detail to the questions under these points of the form, and to provide information on any practical difficulties encountered in the application of the Convention.
Referring to its observation and drawing the Government’s attention to its 2007 and 2009 general observations under this Convention, the Committee reiterates its previous comments and once again requests the Government to provide the Office with relevant information on the following points.
Articles 10, 16 and 21(c) and (d) of the Convention. Staff of the labour inspectorate and inspection visits. While noting the information on the material and institutional difficulties of keeping a register of workplaces (registers not up to date and variations in the duration of enterprises), the Committee draws the Government’s attention to the need to have data on the number of workplaces liable to inspection and the number and categories of workers employed in them, in order to be able to assess the extent of the inspectorate’s coverage in the light of needs and the number and geographical distribution of serving inspectors. In order to improve the efficiency of the inspection services and determine priorities on the basis of available resources, the competent authorities and the need for inspectors to have a thorough knowledge of the economic fields that they cover. The Government is therefore asked to take the necessary measures to rationalize the existing registration system and to keep the Office informed of all progress in this respect.
Article 18. Penalties for violations of the legal provisions enforceable by labour inspectors. The Committee notes that discussions are under way between the Ministry of Labour and the Ministry of Justice and Police to overcome what the labour inspectors consider to be a difficulty in applying the Convention: the legal limitation on their collection of fines. The Committee would be grateful if the Government would provide information on the results of these discussions in terms of impact in law and practice regarding the punishment of violations in accordance with the Convention.
Articles 20 and 21. Publication and communication of annual reports. The Committee refers to its previous comments and notes that, according to the Government, the difficulties encountered in preparing annual inspection reports have not as yet been overcome. However, it notes that the computerization of the labour inspectorate is now in its final stages, which will facilitate the discharge of the annual reporting obligations. The Committee requests the Government to keep the Office informed of any developments in this respect and to ensure that an annual report on the work of the labour inspection services is published shortly and that a copy is sent to the Office. It draws the Government’s attention to the guidance in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), as to how the information required by Article 21(a)–(g) could be presented in such a report.
Labour inspection and child labour. The Committee notes that the labour inspectorate will be represented on the Commission against Child Labour, which, according to the Government, is in the process of being established. It would be grateful if the Government would keep the Office informed of any legislative or practical measures implemented to the inspection of child labour in the industrial and commercial establishments covered by the Convention.
The Committee notes the scarce information in the Government’s report. The Committee has equally taken note of the information on the labour administration system contained: (i) in the 2006 handbook elaborated by the Ministry of Labour, Technological Development and Environment, and published by the ILO; as well as (ii) in the Government’s reports in relation to other Conventions. The Committee would be grateful if the Government would provide up-to-date and as detailed information as possible on every Article of the present Convention.
Article 1 of the Convention. Organization of the labour administration system. The Committee requests the Government to provide up-to-date information on the organization of the whole labour administration system (Ministry of Labour, Technological Development and Environment, its composing departments and, if applicable, its regional and local structure; ministerial institutions on national and, if applicable, regional and local levels; or any other public administrative bodies) and to provide the ILO with a relevant organizational chart. Further, it would be grateful if the Government would indicate whether there are any parastatal bodies which have been entrusted with labour administration functions.
The Committee would be grateful if the Government would provide the ILO with a copy of State Decree SB 1992 No. 71 on the organizational structure of the Ministry of Labour, Technological Development and Environment and/or the State Decree of 27 January 1970 containing the terms of reference of this Ministry, respectively, which according to the information in the 2006 handbook, seems to have last been modified in 2002. It would equally be grateful if the Government would provide any other texts on the organization and functioning of other organs entrusted with functions related to labour administration, such as legal instruments governing the National Labour Mediation Council, the Dismissal Board, the Social Investment Fund, the Foundation for Productive Work Units, the Foundation for Labour Mobilization and Development, the Suriname Labour College, the Board for Cooperatives, the Board for Occupational Health, the Social and Economic Council and the National Commission on Employment (or the National Council for Employment, after its establishment).
Article 2. Delegation of certain activities to non-governmental organizations. The Committee would be grateful if the Government would keep the ILO informed of any developments regarding the delegation of labour administration activities to non-governmental organizations, including employers’ or workers’ organizations.
Article 3. Activities in the field of labour policy which are regulated by recourse to direct negotiation between employers’ and workers’ organizations. The Committee notes that, according to the statement by the Ministry of Labour, Technological Development and Environment in the 2006 handbook on the labour administration system, collective bargaining agreements are widespread in the country. The Committee would be grateful if the Government would keep the ILO informed of any developments as regards particular activities in the field of labour policy regulated by recourse to direct negotiation between employers’ and workers’ organizations. If applicable, it requests the Government to provide a copy of any relevant collective agreements in force.
Article 4. Organization and effective operation of the labour administration system. The Committee would be grateful if the Government would provide as detailed information as possible on the manner in which an effective operation and coordination is ensured among the functions and responsibilities of the different entities of the labour administration system (e.g. priorities and targets set out, reporting system and interaction between the different entities).
Article 5 of the Convention and Part IV of the report form. Consultation, cooperation and negotiation between the public authorities and the most representative employers’ and workers’ organizations. The Committee had previously noted that, in conformity with the objective set in the Constitution of the country to involve labour unions in the determination of labour policy (article 31(2) provides, among other things, for their involvement in the preparation of labour legislation and the preparation and supervision of the implementation of social and economic plans), there have been several tripartite bodies set up in the country, such as the Labour Advisory Board, the National Labour Mediation Council, the Dismissal Board (DB) and the Suriname Labour College (SIVIS). Further, the Committee has noted, in its comments under Employment Policy Convention, 1964 (No. 122) in 2007 and 2009 and its comments under Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) in 2004, 2006 and 2008, the developments concerning the participation of tripartite bodies in the determination of labour policy, namely: (i) the participation of tripartite partners in six commissions set up to revise labour legislation in Suriname and their submission of views regarding amendments or new laws; (ii) the consultation with social partners in the realization of the Multi-Annual Development Plan for 2006–11; and (iii) the submissions by the Labour Advisory Board to the Ministry of Labour and the Ministry of Public Health in the area of draft legislation on migrant labour, as well as in the area of contract labour and health insurance. It further noted that, under the abovementioned Conventions, the Labour Advisory Board was inactive during some periods of time, that the tripartite Social Economic Council had not been installed until 2009, and that the Government intends to transform the National Commission on Employment into a permanent tripartite entity named National Council for Employment. The Committee would be grateful if the Government would indicate all entities that have a tripartite structure (including entities with a tripartite management board), provide a copy of any legislative texts governing these entities and describe their respective activities and their functioning in practice. It asks the Government to provide the ILO with a copy of any report or extract from any report on the work of these tripartite entities and to provide information on the impact of their submissions in the area of labour administration.
The Committee asks the Government to indicate if measures have been taken to enhance consultations, negotiations or tripartite cooperation also on regional or local level or in different economic sectors.
Article 6(2)(a), (b), (c) and (d). Preparation and administration of national labour policy and employment policy. Services available to employers and workers. The Committee noted, under its comment under Convention No. 122 in 2007, that the Multi-Annual Development Plan for 2006–11 contains the following objectives: (i) eradication of unemployment through the creation of facilities for small businesses; (ii) achieving a gender balance by promoting the employment of women in management positions; (iii) fostering vocational training; (iv) creating a social investment fund to provide credit facilities for small businesses; and (v) renaming the National Commission on Employment to the National Council for Employment and providing for a tripartite structure. The Committee asks the Government to indicate if and how it is envisaged to involve entities like the National Labour Advisory Board, the National Council for Employment or the Social and Economic Council in the development of future national labour policy or, for example, the Multi-Annual Development Plan for 2012–17 (Article 6(2)(a)).
As employment services are concerned, the Committee notes the information in the 2006 handbook of the Ministry of Labour, Technological Development and Environment, on the functions of its Labour Market Department (composed of the following units: Labour Market Analysis, Labour Statistics, Employment Agency and Labour Market Development), as well as the functions of the Foundation for Labour Mobilization and Development in the area of job market training. The Committee would be grateful if the Government would provide information on the activities of the Labour Market Department and to provide a copy of any relevant documentation in this regard. In addition, it would be grateful if the Government would provide information on the activities of the Foundation for Labour Mobilization and Development, namely the content, scope, frequency and participants of any training courses made available to workers. Please also indicate if there are other bodies entrusted with functions related to employment policy and provide information on its activities (Article 6(2)(b)).
The Committee equally notes the information in the handbook on the different functions of the National Labour Mediation Council (providing general advice, carrying out mediation or conciliation, providing assistance to parties before an arbitration tribunal and carrying out instances of arbitration). The Committee would be grateful if the Government would provide information on the activities of the Labour Mediation Council in practice and to provide the ILO with a copy of any relevant report. Further, please indicate if there are other bodies entrusted with the provision of services other than in the area of dispute resolution or bodies entrusted with the provision of technical advice on labour matters, to employers and workers and their respective organizations (Article 6(2)(c )and (d)).
Article 7. Extension of the functions of the system of labour administration to categories of workers who are not considered employed persons by law. The Committee would be grateful if the Government would indicate any development regarding the intention to extend labour administration activities to workers engaged in occupations listed in paragraphs (a)–(d) of this Article.
Article 8 of the Convention. Participation in the preparation of national policy concerning international labour affairs. The Committee has previously noted, for example in its comments under Convention No. 144 in 2001, 2004 and 2006, that tripartite consultations have taken place in the Labour Advisory Board, with a view to subsequent ratifications of several international labour Conventions, namely Minimum Age Convention, 1973 (No. 138), Private Employment Agencies Convention, 1997 (No. 181) and Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee equally notes the information on the functions of the International Affairs Unit of the Legal and International Affairs Department at the Ministry of Labour, Technological Development and Environment. The Committee would be grateful if the Government would continue to provide detailed information on consultations held within tripartite bodies like the Labour Advisory Board in this regard and the impact in law and practice of views expressed therein. Further, please provide information on the activities of the International Affairs Unit of the Legal and International Affairs Department or any other body entrusted with functions in this regard and communicate a copy of any reports containing information on their activities.
Article 9 of the Convention. Supervision of parastatal and regional or local agencies to which particular labour administration activities may have been delegated. The Committee requests the Government, if applicable, to describe the means to ensure that any parastatal organisms and regional or local entities respect national laws and objectives of national labour policy.
Article 10 of the Convention. Staff of the labour administration system and material means. The Committee would be grateful if the Government would provide up-to-date and detailed information on the composition, status and conditions of service of the staff of the labour administration system. Please provide a copy of legal texts governing the labour administration staff, documentation on the content, frequency and scope of training provided or any other relevant information in this regard (paragraph 1).
Further, please describe the material means and the financial resources allocated for the effective performance of duties of the personnel and, if applicable, any difficulties encountered in this regard (paragraph 2).
Parts III and V of the report form. The Government is requested to respond in detail to the questions under these points of the form, and to provide information on any practical difficulties encountered in the application of the Convention.
The Committee notes that the Government’s report received on 25 September 2009 is identical to the one submitted in 2005. Consequently, the Committee is bound to reiterate its previous comments and requests which read as follows.
Article 7 of the Convention. Training of labour inspectors. The Committee hopes that the Government will continue to provide information on any new training activities for the purpose of improving inspectors’ skills and that it will also be able to report on the impact of retraining on the working and results of the labour inspection services.
Article 14. Notification to the labour inspectorate of cases of occupational disease. For many years the Committee has been drawing the Government’s attention to the need to ensure that full effect is given to this Article of the Convention, specifically as regards occupational diseases. The Government states that there have been no changes in the law with regard to application of the Convention, but that in view of the crucial role of labour administration in administering and enforcing labour laws, the labour inspection legislation is to be reviewed in order to bring it more into line with the provisions of the Convention. The Committee draws the Government’s attention in this connection to its General Survey of 2006 on labour inspection (paragraph 118), in which it emphasized that it is vital, for preventive purposes, for formal mechanisms to be put in place to provide the labour inspection services with the data they need to identify high-risk activities and the most vulnerable categories of workers. The Government is therefore asked to take advantage of the planned legislative revision in order to adopt provisions that supplement the national legislation, in accordance with this Article of the Convention, by defining the instances and the manner in which the labour inspectorate must be informed not only of occupational accidents, but also of cases of occupational disease. The Committee would be grateful if the Government would keep the Office informed of any progress in this respect and provide copies of any draft provisions or any adopted texts, together with all relevant documents (administrative orders, circulars, declaration forms, etc.).
Article 15(b). Scope of the obligation on labour inspectors to maintain professional secrecy. The Committee trusts that the Government will also take advantage of the revision which it announced, to give effect to this provision, as it undertook to do, by ensuring that a provision is adopted to extend the scope of the obligation on labour inspectors to observe professional secrecy in order to ensure that they continue to be bound by this obligation after they have left the service.
Scope of the obligation on labour inspectors to maintain professional secrecy. The Committee trusts that the necessary measures will be taken without delay so as to give full effect to Article 15(b) of the Convention by extending the duty of labour inspectors to observe professional secrecy to the period following their departure from the service.
In addition, the Committee draws the Government’s attention to the following point.
Articles 3(1)(a) and (b) and 5(b). In its 2009 direct request relating to the application of the Safety Provisions (Building) Convention, 1937 (No. 62), the Committee has noted from the statistics communicated by the Government a high increase of fatal and serious workplace accidents caused by materials, substances and radiation, between 2007 and 2008 in the building and construction sector. The Committee notes with concern these trends which are an indication of a serious failure in the functioning of labour inspection. The Government is requested to take all the necessary financial and capacity-building measures without delay to ensure that the labour inspection services can exercise their legal enforcement powers against negligent employers in construction workplaces with regard to occupational safety and health and provide employers and workers with information and technical advice aimed at raising their awareness in this area. The Committee urges the Government to inform the Office of such measures and the progress achieved in terms of fatal and serious work accidents.
The Committee is raising other points in a request addressed directly to the Government.
The Committee refers the Government to its observation and draws its attention to the following points.
Articles 20 and 21. Publication and communication of annual reports. The Committee refers to its previous comments and notes that, according to the Government, the difficulties encountered in preparing annual inspection reports have not as yet been overcome. However, it notes with interest that the computerization of the labour inspectorate is now in its final stages, which will facilitate the discharge of the annual reporting obligations. The Committee requests the Government to keep the Office informed of any developments in this respect and to ensure that an annual report on the work of the labour inspection services is published shortly and that a copy is sent to the Office. It draws the Government’s attention to the guidance in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), as to how the information required by Article 21(a)–(g) could be presented in such a report.
Labour inspection and child labour. The Committee notes with interest that the labour inspectorate will be represented on the Commission against Child Labour, which, according to the Government, is in the process of being established. It would be grateful if the Government would keep the Office informed of any legislative or practical measures implemented to the inspection of child labour in the industrial and commercial establishments covered by the Convention.
The Committee takes note of the Government’s report containing replies to its previous comments.
1. Article 7 of the Convention. Training of labour inspectors. The Committee notes with interest the information on the various training courses attended by labour inspectors during the period covered by the report in the context of bilateral cooperation and with ILO support, including courses on child labour, the planning, preparation and conducting of visits and follow-up thereto, industrial relations, and reporting on inspection visits. The Committee hopes that the Government will continue to provide information on any new training activities for the purpose of improving inspectors’ skills and that it will also be able to report on the impact of retraining on the working and results of the labour inspection services.
2. Article 14. Notification to the labour inspectorate of cases of occupational disease. For many years the Committee has been drawing the Government’s attention to the need to ensure that full effect is given to this Article of the Convention, specifically as regards occupational diseases. The Government states that there have been no changes in the law with regard to application of the Convention, but that in view of the crucial role of labour administration in administering and enforcing labour laws, the labour inspection legislation is to be reviewed in order to bring it more into line with the provisions of the Convention. The Committee draws the Government’s attention in this connection to its General Survey of 2006 on labour inspection (paragraph 118), in which it emphasized that it is vital, for preventive purposes, for formal mechanisms to be put in place to provide the labour inspection services with the data they need to identify high-risk activities and the most vulnerable categories of workers. The Government is therefore asked to take advantage of the planned legislative revision in order to adopt provisions that supplement the national legislation, in accordance with this Article of the Convention, by defining the instances and the manner in which the labour inspectorate must be informed not only of occupational accidents, but also of cases of occupational disease. The Committee would be grateful if the Government would keep the Office informed of any progress in this respect and provide copies of any draft provisions or any adopted texts, together with all relevant documents (administrative orders, circulars, declaration forms, etc.).
3. Article 15(b). Scope of the obligation on labour inspectors to maintain professional secrecy. The Committee trusts that the Government will also take advantage of the revision which it announced, to give effect to this provision, as it undertook to do, by ensuring that a provision is adopted to extend the scope of the obligation on labour inspectors to observe professional secrecy in order to ensure that they continue to be bound by this obligation after they have left the service.
The Committee is addressing a request on other matters directly to the Government.
The Committee notes the Government’s brief report and the information it contains in response to its previous comments. It draws the Government’s attention to the following points.
1. Initial and further training of labour inspectors. The Committee notes with interest the indications relating to training activities for labour inspectors for the period between June 2003 and September 2005. It requests the Government to specify the number of inspectors having participated in such activities, the nature and duration of the training, as well as its impact.
2. Number of inspection staff. The Committee notes with interest that the strength of the inspection staff rose from 32 in 1999 to 42 in 2005. It would be grateful to the Government if it would transmit information on the number and geographical distribution of the establishments subject to the supervision of the labour inspection service and the workers employed in such establishments (Article 10 of the Convention).
3. Notification to the labour inspectorate of cases of occupational disease. Please provide information on the measures taken to give effect to the Occupational Accidents Act (GB, 1947, No. 145) to ensure that the labour inspectorate is notified of cases of occupational disease, in accordance with Article 14 of the Convention.
4. Scope of the obligation of professional secrecy of labour inspectors. The Committee notes that the Government indicates that this aspect will be taken into account as soon as financial resources allow for the re-examination of the labour legislation. The Committee hopes that the Government will not fail to take measures to give full effect to Article 15(b) of the Convention.
5. Annual inspection report. The Committee recalls that no annual inspection report has been transmitted to the ILO since that of 1993. It notes that the Government indicates that difficulties of a technical nature have been encountered in the preparation of annual reports. The Committee recalls the importance attached to the publication by the central inspection authority, and the transmission to the ILO, of a report on the activities of the inspection services under its control in pursuance of Articles 20 and 21 of the Convention. It requests the Government to take any appropriate measures to give effect to these important provisions of the Convention and to transmit information on any developments in this regard.
6. Labour inspection and child labour. The Committee hopes that information on inspection activities in the field of child labour and on the results of such activities will be transmitted regularly.
In reference to its observation, the Committee draws the Government’s attention to the following points.
Article 14 of the Convention. Notification of cases of occupational disease to the labour inspectors. The Committee notes that subsection 2 of section 11 of the Act respecting employment accidents, to which the Government refers, does not mention the obligation to notify cases of occupational disease but only the obligation to notify occupational accidents. The form sent by the Government mentions both obligations but refers to section 27 of the above Act, which is not available at the Office. The Committee would be grateful if the Government would provide a copy of the Act in full.
Articles 20 and 21. Noting that, according to the Government, the annual inspection report was being prepared, the Committee hopes that the Government will be able regularly to publish and communicate such a report to the Office, as prescribed by Article 20 and that the report will cover each of the subjects specified in Article 21.
The Committee notes the information sent in reply to its repeated comments on the measures announced by the Government to give effect to Articles 14, 15(b), 20 and 21 of the Convention both in law and in practice.
1. Scope of the principle of professional confidentiality. The Committee notes that no measure has yet been taken to extend the scope of the principle of professional confidentiality established in Article 15(b) in order to ensure that inspectors are bound by it even after leaving service. The basic trust that must underlie the relationship between labour inspectors and employers cannot be established if employers are not legally protected in a durable manner against any dissemination by inspectors, including after they leave the service, of manufacturing or commercial secrets or operating procedures which they might have learned during the exercise of their duties. The Committee therefore trusts that, in accordance with the undertaking it has given for many years, the Government will promptly adopt the measures to amend the legislation in order to bring it into full conformity with the Convention on this point, and that the relevant information will be communicated in its next report.
2. Labour inspection and child labour. The Committee notes that, despite the Government’s undertaking to make its best effort to ensure enforcement by the labour inspectors of child labour legislation, no specific resources have yet been allocated to this task. It trusts that budgetary measures will soon be taken to this end and that the Government will provide relevant information on them.
The Committee is addressing a request on other points directly to the Government.
The Committee notes the Government’s report and the replies to its previous comments. It would be grateful if the Government would provide information on the progress made in relation to the draft Occupational Safety and Health Act, which it indicates is under discussion by the tripartite Labour Advisory Board, and on the following points.
Labour inspection and child labour. With reference to is general observation of 1999 on the important role that should be entrusted to labour inspection in combating child labour, the Committee notes the Government’s statement that it will do its utmost to take measures so that supervision of existing legal provisions is ensured by the labour inspection. It hopes that the Government will be able to provide numerical information in its next report on the means actually allocated for this purpose and the results achieved.
Article 14 of the Convention. With reference to its previous comments, and noting the indication that labour inspectors are kept informed of industrial accidents and cases of occupational diseases, the Committee would be grateful if the Government would provide copies of the legal texts and forms through which such notification is made.
Article 15(b). The Government is requested to provide information on the measures which have been taken or are envisaged to provide a legal basis for ensuring that labour inspectors do not reveal, even after leaving the service, any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties.
Noting that in reply to its previous comments under Articles 20 and 21, the Government indicated that an Inspector-General has been appointed for the first time, the Committee requests the Government to indicate the powers entrusted to the Inspector-General and to take any necessary measures to ensure that an annual report on the labour inspection services containing the information required on the matters set out in points (a) to (g) of Article 21 is published and communicated to the ILO, in accordance with the provisions of Article 20, and to keep the ILO informed of any progress in this respect.
Further to its previous comments, the Committee notes the information supplied by the Government in its recent reports. It requests the Government to provide detailed information on the points raised below.
Articles 14 and 15(b) of the Convention. The Committee notes the Government's indication in its 1997 report that a draft Occupational Safety and Health Act was drawn up in English and was being translated into Dutch. The Government's 1999 report however contains no further information on progress achieved in this respect, but indicates that the Labour Accidents Act (GB.1947, No. 145) under paragraph 2 of article 11 prescribes the employer's obligation to notify of cases of industrial accidents and occupational diseases.
In this regard the Committee requests the Government to provide further information on how the labour inspectorate, in accordance with Article 14, is notified of industrial accidents and cases of occupational diseases under this Act. It also hopes that the Government will supply information on the progress achieved towards the adoption of a new Occupational Safety and Health Act.
Articles 20 and 21. Further to its previous comments, the Committee notes that no annual labour inspection report has been communicated. It also notes that the Government indicated in its 1997 report difficulties in conducting annual inspection reports resulting from shortages of staff. The Committee hopes that the Government will make every effort to be able to provide such reports containing all the information enumerated in Article 21.
The Committee notes the information provided by the Government in reply to its previous comments. It would be grateful if the Government would provide further information on the points raised below.
Article 1 of the Convention. The Committee notes Decree SB 1992 No. 71 regarding the organization and structure of the Ministry of Labour. It would however reiterate its previous request for information on the staffing and field structure of the labour administration.
Article 4. Further to its previous comments, the Committee notes the information provided by the Government that through an ILO employment project the Ministry of Labour has been strengthened, the staff is receiving training, and some equipment like computers and transport vehicles is being made available. Please give more particulars on how such assistance and any other future inputs of material means and financial resources are improving the effective operation of the system of labour administration.
Article 5. Further to its previous comments, the Committee notes the information regarding the various tripartite bodies such as the National Planning Board which was never operational, the Mediation Board, and the most successful Labour Advisory Council. Please indicate how bodies like the Mediation Board and the National Advisory Council operate at the local levels and at the different sectors of economic activity. The Committee would also be grateful if the Government would provide its views on the comments made by the Suriname Trade and Industry Association (STIA) on the existing arrangements for mediation and other dispute settlement machinery. Please provide information on the STIA's statement that the Mediation Board has for some time now been incomplete and has required to be supplemented by the Labour Advisory Council.
Article 7. Further to its previous comments, the Committee notes the statement that there is no concrete information available regarding the promotion of the extension of labour administration activities to workers engaged in occupations listed in this Article. Please communicate any information on progress made in this respect.
Referring also to its observation under the Convention, the Committee hopes that the health and safety legislation under consideration will make it clear that the obligation of inspectors not to reveal manufacturing or commercial secrets or work processes extends even to the period after they leave service, as required by Article 15(1)(b).
In its previous comments the Committee had expressed the hope that the Government would take measures to give full effect to Article 14 of the Convention (notification of cases of occupational diseases to the labour inspectorate) and Article 15(b) (obligation of inspections not to reveal secrets). The Committee notes with interest the information contained in the Government's report that draft legislation to revise the occupational health and safety legislation is being prepared with ILO assistance and that a national multidisciplinary committee to evaluate the system of reporting of occupational accidents and diseases has been established. The Committee hopes that the Government will soon be in a position to report on progress achieved.
Articles 20 and 21. Further to its previous comments, the Committee notes with interest the 1993 annual labour inspection report communicated with the Government's report, which gives comprehensive information on the activities of the inspection services. It notes however that the report does not contain statistics on occupational diseases. The Committee hopes that following the evaluation of the system of reporting of occupational accidents and diseases the Government will be in a position to include such statistics in the annual labour inspection reports (Article 21(g)) and that it will continue to publish and transmit to the ILO these reports within the time-limits set forth in Article 20.
Further to its previous comments, the Committee notes with interest the information that, with the technical assistance of the ILO, the Government is currently studying a project for the revision of the labour legislation, and that computers are being introduced in the work of the inspection service to help facilitate access to statistical data. The Committee hopes these developments will enable the Government to take the necessary measures with regard to its previous comments and thus give full effect to Article 14 of the Convention (notification of cases of occupational diseases to the labour inspectorate) and Article 15(b) (obligation of inspectors not to reveal secrets).
Articles 20 and 21. Further to its previous comments, the Committee notes the brief statistical data provided and the information that the report of the inspection service will be transmitted as soon as possible. The Committee recalls that no annual report of the inspection service has been received since 1987, and that the last report failed to include a number of the types of information required by Article 21. The Committee trusts that the necessary measures will be taken to ensure that such annual reports, containing all the necessary information, are published and sent to the ILO within the time-limits required.
Further to its previous comments, the Committee notes once again that there has been no change in the application of Articles 14 (notification of cases of occupational diseases to the labour inspectorate) and 15(b) (obligation of inspectors not to reveal secrets) and that national legislation does not address these important requirements of the Convention. The Committee asks the Government to provide an indication of what action it is taking to remedy this problem and hopes that the necessary measures will soon be taken.
Articles 20 and 21. The Committee notes the Government's statement that the annual report of the labour inspection for the year 1988 will be forwarded as soon as possible. It notes, however, that the most recent report received was for 1987, which failed to include a number of the types of information required by Article 21. The Committee hopes that the necessary measures will be taken to ensure that annual reports of the inspection services, containing all the necessary information, are published and sent to the ILO within the time-limits required.
Further to its previous comments, the Committee notes the Government's indication that no important changes have occurred in application of the Convention, but that the Ministry is formalising its organisational structure. It would be grateful if the Government would kindly provide information on the following points:
Article 1 of the Convention. With respect to the organisation of the labour administration, please provide information on its staffing and field structure.
Article 3. Please indicate if there are particular activities in the field of labour policy which are regulated by recourse to direct negotiation between employers' and workers' organisations.
Articles 4 and 10. Please include in future reports details of organisational, budgetary and staffing developments affecting the efficiency of labour administration. Please indicate what material means and financial resources necessary for the effective performance of duties are made available to the staff of the labour administration system.
Article 5. The Committee would also be glad if the Government provided full information on the manner in which arrangements are made within the system of labour administration at the national, regional, and local levels and in different sectors of economic activity to ensure consultation, co-operation and negotiation between public authorities and the most representative organisations of employers and workers.
Article 6(2)(c) and (d). Please provide information on services available to employers and workers and their respective organisations designed to promote consultation and co-operation between public authorities and bodies and employers' and workers' organisations as well as between such organisations. Please also state what technical advice is available to employers and workers and their respective organisations.
Article 7. Please provide information on progress achieved in promoting the extension of labour administration activities to workers engaged in occupations listed in this Article.
Additionally, the Committee would be pleased if, in future reports, the Government would so far as possible respond to the questions posed in the report form.
With reference to its previous comments, the Committee notes that no progress has yet been achieved in giving effect to the provisions of Articles 14 (notification of cases of occupational diseases to the labour inspectorate) and 15(b) (obligation for inspectors not to reveal secrets) of the Convention. It hopes that appropriate measures to give effect to these Articles will be taken in the near future.
Articles 20 and 21 of the Convention. The Committee notes that the annual inspection report for 1987 provides statistics that mainly concern industrial accidents. It trusts that in future the reports will contain information on the work of the inspection services, including statistics on all the subjects enumerated in Article 21, and that they will be published and transmitted to the ILO within the time-limits set forth in Article 20.
The Committee has noted with interest the information provided by the Government in reply to the Committee's earlier request, and would be glad to receive further information as follows:
Articles 4 and 10 of the Convention. Please keep the Committee informed of organisational, budgetary and staffing developments aimed at increasing the efficiency of labour administration.
Article 7. Please keep the Committee informed of progress in the extension of labour administration activities to self-employed workers and co-operatives.