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Previous comments on Conventions Nos 81 and 129, and Convention No. 150
Articles 6(1)(a), 26 and 27 of the Convention. Scope of labour inspection services. Publication and communication to the ILO of an annual report on labour inspection activities in agriculture. Following its previous comments, in which the Committee had noted that it would examine the annual labour inspection report for 2008 at its current session even though it did not seem to be a published document, the Committee notes that this annual report does not refer to any inspection activity in agricultural enteprises. No reference is made to the provision of any specific training to inspectors in order to improve their skills in specific types of control especially in relation to the products and substances used in agriculture. Moreover, refering to the Government’s indication that there is no judicial decision which relates to the questions covered by the Convention, the Commission concludes that the analysis appearing in the 2008 annual report on the convictions and releases pronounced does not relate to labour inspection activity in agricultural enterprises. The Committee is therefore not in a position to evaluate the level and quality of the functioning of the labour inspection system in agriculture with regard to the provisions of the Convention. Refering to its previous comments in which it had noted the Government’s statement on the possibility of revising the Labour Code in order to include within its scope agricultural activities and safety and health standards for each type of activity, the Committee notes that the Government insists in its report that agriculture is not excluded from the general scope of the text. The Committee notes, however, that the Government does not provide relevant information on the application of this text in practice. Consequently, the Committee urges the Government to take measures aimed at giving full effect to Articles 26 and 27 of the Convention and ensuring that an annual report on labour inspection activities in agricultural enterprises is published in the very near future either as a separate report or as part of the general report of the central labour inspection authority.
Labour inspection activities directed at child labour in agricultural enterprises. The Committee notes the Ministerial Orders Nos 118 of 2003 and 1454 of 2001 relative to the prohibition of child labour in certain agricultural activities. It also takes note of the statistical tables relative to inspection controls directed at child labour in 2009. It notes that these tables relate to the distribution by administrative direction of various types of visits (routine, verification campaigns) and to their results (certificate of conformity, formal notice, statement of offence), the number of workers covered (by gender) and – only as far as campaigns are concerned – the legal areas targeted by the controls: working time, rest periods, weekly rest. The Committee notes however that no information is given on the control of the application of the abovementioned Ministerial Orders. Noting that the above statistics do not make a distinction between the various sectors covered by inspections, the Committee would be grateful if the Government would take measures to ensure that in future all documents relating to labour inspection specify this information so that they can be used as a basis for reinforcing the inspection services in relation to specific inspection needs. The Government is requested to provide to the ILO information on such measures or, where applicable, on any difficulty which prevents their implementation.
Referring to the Government’s indication that there is no judicial decision relative to the questions covered by the Convention but also noting that a certain number of statements of offence have been issued by labour inspectors in 2009, the Committee requests the Government to provide information on the judicial or administrative treatment of these statements against offending employers during the period covered by its next report, and to specify the cases where violations were found in agricultural enterprises.
The Committee takes due note of the Government’s detailed report received by the Office in September 2009, and the attached legislation. It would be grateful if the Government would supplement this legislative information by providing with its next report of information and documentation illustrating the application of the Convention in practice.
Article 7 of the Convention. Extension of the functions of the system of labour administration to workers who are not employed persons. The Committee notes that, according to the Government, the members of cooperatives and self-managed enterprises, as well as persons working in systems established by custom and community traditions, are covered by the system of labour administration with the exception, for the latter category, of persons engaged in the informal economy. The Committee would be grateful if the Government would provide details on the legal provisions and practice in relation to the services provided by the labour administration for the above categories of persons.
Article 9. Means of ascertaining the discharge of labour administration functions that are delegated. The Committee once again requests the Government to indicate the manner in which it is ensured that parastatal agencies and regional and local agencies responsible for certain activities in the field of labour administration operate in accordance with national laws and regulations and adhere to the objectives assigned to them.
Part III of the report form. Noting that, according to the Government, no court rulings involving questions of principle relating to the application of the Convention have been handed down, the Committee wishes to emphasize that any court decision handed down by administrative or social jurisdictions, particularly in relation to industrial relations, freedom of association, compensation for injury caused by occupational accidents or diseases, as well as any decision to convict or release the author of a violation of the legislation liable to supervision by the labour inspectorate, are among the decisions covered by this request in the report form. The Government is therefore requested to indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, to provide copies of such decisions.
Part IV. The Government is requested to provide any general information considered useful on the manner in which the Convention is applied and to supply extracts of any reports or other periodic information provided by the principal institutions of the labour administration referred to in the report as indicated in Paragraph 20 of Recommendation No. 158.
Part V. The Committee would be grateful if the Government would indicate any assistance or advice provided by the ILO in the context of a technical cooperation project implemented during the period covered by the report and the measures taken as a result affecting the organization and functioning of the labour administration, as well as any factors which may have prevented or delayed the adoption of such measures.
Part VI. Finally, the Committee would be grateful if the Government would provide any observations received from the organizations of employers or workers concerning the content of any of its reports on the present Convention relating to the practical application of the provisions of the Convention or the application of the legislation or other measures implementing the Convention. If so, please indicate to the ILO any comments considered useful.
The Committee notes the partial replies from the Government to its previous comments. It requests the Government to provide additional information and also all relevant documents on the following issues.
Article 6, paragraph 1(a), of the Convention. Field of competence of the labour inspectorate. The Committee notes the Government’s statement that the Labour Code is being revised with a view to extending it to agricultural occupations and including occupational safety and health standards. The Committee would be grateful if the Government would keep the ILO informed of all progress made in this respect and send copies of any legislative texts adopted.
Work of women and children in agriculture. The Committee requests the Government to supply a copy of the Ministerial Order (undated) concerning the employment of children and women, Order No. 118 of 2003 and Ministerial Order No. 1454, particularly with reference to the provisions of the latter concerning the prohibition of the employment of children in certain types of work such as cotton pressing, the preparation and spreading of pesticides, agriculture and the treatment of plants.
Articles 6, paragraph 1(b), 12 and 13. Cooperation in relation to surveillance of child labour in agriculture and cooperation between the inspection services and the social partners of agricultural undertakings. As in its 2008 report relating to the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government refers to multi-sectoral cooperation in the area of child labour, particularly in agriculture, in order to prevent minors from being employed in cotton harvesting, and refers to the establishment of monitoring systems including inspections in commercial plantations with heavy agricultural production. Information meetings are also organized for employers and workers in agricultural undertakings by inspectors responsible for monitoring child labour, in cooperation with the persons holding responsibility in cooperatives – including agricultural cooperatives – and agricultural advisers. Further to its direct request of 2008 regarding the application of Convention No. 182, in which it noted that, according to the International Confederation of Free Trade Unions (ICFTU), now the International Trade Union Confederation (ITUC), in 2005 some 78 per cent of working children were occupied in the agricultural sector, the Committee requests the Government to supply details of the practical functioning of the monitoring systems designed to protect children from hazardous agricultural work and the results recorded, and to send any relevant statistics which are available.
Specific cooperation between the labour inspectorate and the judiciary. Noting the information supplied by the Government regarding the content of Ministerial Order No. 129 of 2007 on this matter, the Committee requests the Government to send a copy of this text and also of the court decisions which apply these provisions.
Articles 10, 15, paragraph 1(b), and 21. Transport facilities available to labour inspectors in the performance of their duties in agriculture and activities in undertakings liable to inspection. The Government states that it is doing its utmost to provide inspectors with transport facilities and that it recognizes that this is absolutely essential for the performance of their tasks. The Committee again requests the Government to supply detailed information on the progress made in this area and indicate the extent of coverage achieved by the labour inspectorate in agriculture, the geographical distribution of the available means of transport and also the ratio of men and women inspectors with respect to the number of agricultural undertakings liable to inspection.
Articles 26 and 27. Publication and transmission of an annual report on the work of the inspection services in agriculture. The Committee notes the Government’s undertaking to take account of its previous comments regarding the possibilities offered by the Convention with respect to the form of the annual report on the work of the inspection services in agriculture. Noting the communication of a report on the activities of the labour inspectorate in 2008, received by the ILO on 14 October 2009, the Committee will examine its content together with the next report of the Government. However, it already notes that this document does not seem to be published as provided for by Article 26 of the Convention. Consequently, it requests the Government to ensure that the next annual reports on labour inspection are published.
The Committee takes note of the Government’s brief report and the information in reply to its previous comments, including several statistical tables. It regrets, however, that the tables concerning infringements and relevant inspection activities (infringement reports, penalties and other data) for the year 2007, are partly illegible due to the quality of the photocopy.
Article 3, paragraph 1(a), and Article 10 of the Convention. Geographical distribution of labour inspection personnel, in relation to the distribution of the number of workplaces and workers employed therein. The Committee notes that, according to the statistics for the period July 2007–June 2008, 590 inspectors covered 859,515 workplaces employing 2,044,903 persons. According to the Government in its report under Convention No. 129, the labour inspectorate attached to the Ministry of Manpower and Migration is in charge of all private sector enterprises and agricultural enterprises. The Government’s report under Convention No. 182 on the Worst Forms of Child Labour, 1999, specifies that between 2006 and 2007, 2,000 labour inspectors had reported 72,000 violations of relevant legal provisions. The Committee would be grateful if the Government would specify the number of labour inspectors currently in charge of the enforcement of the legal provisions relating to conditions of work and the protection of workers in industrial and commercial workplaces.
Article 8. Gender distribution of labour inspection personnel. While noting that, according to the Government, the gender distribution of labour inspectors has remained unchanged during the period covered by the report, the Committee would be grateful if it would provide details on this distribution according to grade and category, and indicate any observations made either by the central inspection authority, or by employers, workers or their respective organizations as to any differences in the approach to their duties, of male and female inspectors, especially in workplaces employing mostly women or a significant number of young workers.
Article 3, paragraph 1(b) of the Convention, and paragraph 7 of Recommendation No 81. Labour inspection and child labour. Educational tools on prevention and publicity on penalties. In its comments under Part V of the report form concerning Minimum Age Convention, 1973 (No. 138), the Committee refers to an observation from the former International Confederation of Free Trade Unions (ICFTU) pointing out that children were found to be working in repair and handicraft workshops, as well as in such heavy industries as brick making, textile, leather works and carpet making. According to the international organization, they are exploited by such long hours of work that their very lives are jeopardised. The Committee also refers in the same comment, to information, published on the website of the Office of the UN High Commissioner for Refugees, concerning child labour in other highly hazardous sectors, including building trades, carpentry, mines and quarries. The Government is requested to increase its efforts to promote the wide dissemination of information by the labour inspection authority, through media accessible to the majority of the population (radio, TV and newspapers) or by means of cars equipped with megaphones in localities particularly affected by the phenomenon of child labour, about its adverse effects. In this manner, the families and employers concerned might also be informed that the prosecution of those who use child labour is provided for by relevant laws. The Committee hopes that the Government will supply information on any practical measures taken in this direction and that it will ensure that statistics on cases of violations (and the legal provisions concerned) and penalties imposed (amounts of fines and other actions such as suspension of activities, closure, imprisonment or other administrative or judicial measures) are regularly published, widely disseminated and communicated to the ILO.
Articles 11 and 16. Means of transport and transport-related facilities necessary for the performance by labour inspectors of their duties in industrial and commercial workplaces. The Committee requests the Government to describe the means of transport and transport-related facilities (distribution of vehicles if any, arrangements made with public transport agencies, payment of transportation allowances, reimbursement of travel and travel-related expenses) made available to labour inspectors in order to give effect to Article 16, according to which workplaces shall be inspected as frequently as is necessary to ensure the effective application of the provisions of Article 3, paragraph 1, of the Convention.
Articles 5(a) and 14. Notification of industrial accidents and cases of occupational disease. The Committee notes with interest the collaboration between the Department of Occupational Health and Safety of the Ministry of Manpower and Migration and the National Centre for Studies charged with this issue, with a view to the establishment of an annual research plan based on the inspectors’ report and statistics, aimed at identifying skills and industries which involve the most serious exposure to chemical, mechanical or physical hazards. The Committee would be grateful if the Government would supply the relevant statistics which have been submitted, to this end, to the national research centre mentioned above.
Noting the small proportion of violations in the area of occupational safety and health committed in large-scale enterprises, the Committee would be grateful if the Government would indicate labour inspection activities of a preventive nature undertaken in workplaces occupying fewer than 50 persons and the results achieved.
The Committee would also be grateful if the Government would keep the ILO informed about the impact of the recommendations on health and safety of the research bodies disseminated to the 188 occupational safety and health committees established throughout the country.
Articles 20 and 21. While noting the statistics on labour inspection activities and on the number of workplaces and workers covered, the Committee notes that no annual report as prescribed by the above provisions has been communicated to the ILO. The Committee requests the Government to take measures to ensure that such a report is published and communicated promptly to the ILO. Recalling that it should contain information on the subjects defined by paragraphs (a)–(g) of Article 21, the Committee hopes that the directives provided by Paragraph 9 of Recommendation No. 81 will be taken into account in its elaboration. The Committee would like to draw the Government’s attention on the possibility of requesting ILO technical assistance to this end.
1. Monitoring of the occupational safety and health conditions of young workers. The Government indicates that child labour inspection units have been set up in all the directorates. The Committee asks the Government to provide more detailed information on these specific units, in particular with regard to the number of inspectors working therein and the results of their activities.
2. Article 8 of the Convention. The specific role of female labour inspection staff. The Government is asked to provide information on changes in the number of female labour inspection staff, as it said it would in its last report.
3. Article 21(c) and (e). Information contained in the annual inspection report. With reference to its previous observation, the Committee notes with interest the statistics communicated pursuant to Article 21 of the Convention. It notes that the Government has communicated statistics on the number of warnings issued, measures ordered and infringements reported by labour inspectors as a result of their visits. It seems, however, that inspection activities are mainly geared towards monitoring the legality of employment (approximately 60 per cent), rather than to activities aimed at monitoring conditions of work and the protection of workers while engaged in their work. The Committee would be grateful if the Government would ensure that the statistics tables relating to penalties also indicate the nature of the provisions violated.
4. Assessment of the situation concerning occupational safety and health and outlook. The Committee notes with interest the communication of detailed statistics on occupational accidents and diseases for the 2004-05 period. It would be grateful if the Government would indicate the manner in which this information has been used by the central inspection authority to develop an inspection policy aimed at reducing occupational hazards. It also asks the Government to ensure that the statistics tables on inspection activities are supplemented by an indication of the number of workplaces liable to labour inspection and the number of workers employed therein. This information is vital for evaluating the effective coverage with regard to needs.
5. Publication of the annual report. The Committee reminds the Government of its obligation to ensure that the central authority publishes the annual inspection report, in accordance with Article 20 of the Convention, and would be grateful if the Government took measures to this end and kept the Office informed of any progress made in this respect.
The Committee notes the Government’s report on the application of Convention No. 129 for the period ending June 2006.
1. Article 5 of the Convention. Competence of labour inspection services in agriculture. The Committee notes the Government’s reply to its previous request according to which, undertakings in which the employer and his family work are excluded from the application of the Convention. However, it would appear that this category of enterprises is preponderant in the agricultural sector. The Committee further notes that women and children working in simple agricultural activities are also excluded from the application of Chapters 2 and 3 of Title VI of the Labour Code on the organization of work, under the terms of sections 97 and 103 of the Labour Code. The Committee requests the Government to specify the fields of labour legislation covered by labour inspection in relation to women and children working in agriculture and to provide any relevant text. It would be grateful if it would also indicate the number and geographical distribution of agricultural undertakings, including agro-industrial plantations, covered by the labour inspectorate, and the number of workers occupied therein.
The Government is finally requested to indicate whether it is envisaged to extend the functions of the labour inspection system so as to ensure that self‑employed workers and family members working with them are covered by information activities and technical advice, particularly in relation to occupational safety and health, as well as social insurance.
2. Role of the labour inspectorate in combating child labour. The Committee notes with interest the establishment in all directorates of inspection units responsible for monitoring child labour and the implementation in the context of the IPEC programme of a project entitled “Institutional development and formulation of policies to reduce child labour”. The Committee notes that the objectives of this project include strengthening the capacity of labour inspectors to carry out effective inspections in this field, particularly in the agricultural sector in which child labour is principally concentrated. The Committee would be grateful if the Government would provide full information on developments in the role of the inspectorate in relation to child labour in agriculture and if it would provide information, copies of any laws, regulations, instructions or circulars providing a legal basis for the inspection activities of the units specializing in monitoring child labour in agriculture, as well as any relevant inspection form.
3. Article 15, paragraph 1(b). Transport facilities of inspectors in the agricultural sector. The Committee notes the Government’s indication that the provision of a single equipped vehicle per governorate for labour inspectors is not adequate in view of the significant distances that they have to cover to inspect agricultural undertakings, and that the allowance for their travel expenses is derisory. The Committee cannot overemphasize the need to take measures to provide inspectors with the transport facilities that are indispensable for the discharge of their functions, particularly in the agricultural sector, which is characterized by the distance and dispersion of agricultural undertakings. It requests the Government to take such measures and to provide information on any progress achieved in this respect, and on any difficulty encountered in the application of the Convention in this regard.
4. Article 27. Annual inspection report. The Committee notes that the statistical tables on the results of labour inspection activities contain data specifically covering the agricultural sector. The Committee requests the Government to take measures to ensure that such data are fully compiled in future in accordance with Article 27 and published in the form of a separate report or as part of a more general report, so that they can be brought to the knowledge of the social partners and other bodies and institutions concerned with improving the inspection system in agriculture.
The Committee notes with interest the Government’s report containing information in reply to its previous requests. It also notes with interest the inspection procedures manual and the statistics relating to labour inspection activities for 2005. The supplementary information communicated by the Government enables the Committee to note with interest that the provisions of the 2003 Labour Code and its implementing texts focus on the particular development of the role of the labour inspectorate in the fields of occupational health and safety, and that the application of these provisions and texts is reflected in the statistics relating to occupational accidents and diseases which are found in the annual inspection report.
1. Strengthening of occupational risk prevention. The Committee notes with interest that, pursuant to sections 218 and 219 of the Labour Act, the employer is now required to organize regular medical examinations for all workers and not only for those exposed to hazards, as was the case in the former text. The Committee also notes that enterprises are now required to provide workers with training and information on the risks inherent to the activity carried out, and that they are also required to provide adequate protective equipment and to ensure that such equipment is used by workers. The Committee would be grateful if the Government would provide additional information on the manner in which labour inspectors are responsible, in practice, for monitoring compliance with these provisions, the purpose of which is to prevent and reduce occupational hazards.
2. Effective cooperation between the labour inspection services and research centres. The Committee notes that section 1 of Decree No. 114 of 2003, establishing the rules and procedures for research and studies in the field of health, occupational safety and occupational environment safety, provides that the National Research Centre for Industrial Safety shall take into consideration the recommendations of inspectors from both the General Department of Occupational Health and Safety and the Ministry of Health. The Committee also notes with interest that the General Authority for Occupational Health and Safety has carried out studies and research on certain chemical substances that can affect workers’ health. The Committee asks the Government to communicate to the ILO copies of any documents issued by these authorities concerning the matters covered by the Convention.
3. The Committee notes with interest that, by virtue of Decrees Nos. 152 of 2003 and 154 of 2003, tripartite bodies responsible for health and safety issues at national, provincial and enterprise level have been created in application of the provisions of the Labour Code. The Government is requested to communicate copies of any documents establishing the implementation in practice of these provisions and the operation of such committees.
The Committee is addressing a request directly to the Government on certain points.
The Committee notes the Government’s report and the information that it contains in reply to its previous request. It also notes the relevant provisions of Books 5 and 6 of Labour Act No. 12 of 2003 and the decrees issued under the Act. The Committee requests the Government to provide copies of the manual of procedures for industrial safety and the manual of procedures for labour inspection.
Powers of injunction of inspectors. The Committee notes with interest that, under the terms of section 225 of the Labour Act, in the event of the sudden occurrence of a danger threatening the safety of the establishment, the health of workers or the safety of the workplace, the competent administrative authority may, on the basis of the reports of the Occupational Safety and Health and Working Environment Inspection Agency, order the total or partial closure of establishments or the stoppage of machines until the causes of the danger are removed. The Committee requests the Government to provide copies of any texts issued under this provision and to specify, firstly, the authority vested with the powers of injunction established by the above section of the Labour Act and, secondly, whether it is envisaged to attribute the powers of injunction established in Article 13(b) of the Convention to the inspectors of the Occupational Safety and Health and Working Environment Inspection Agency or to another authority.
Publication of an annual report. With reference to its previous direct request, the Committee notes with regret that the annual report of the labour inspectorate for 2003-04 attached to the Government’s report does not contain the statistics required on industrial accidents and occupational diseases (Article 21(f) and (g) of the Convention), nor any other information enabling it to assess the scope of the activities of the labour inspectorate in the field of occupational safety and health, in accordance with Article 13 of the Convention. It requests the Government to ensure that the annual inspection report contains the required information and is published and transmitted to the ILO within a reasonable period (Article 20).
The Committee notes with interest the Government’s first report and Act No. 12 of 7 April 2003 and its implementing decrees. The Committee would be grateful if the Government would provide additional information on the following points.
1. Competence of labour inspection services in agriculture. Please indicate the provisions of national laws or regulations which determine the agricultural undertakings subject to the system of labour inspection in agriculture and the various categories of workers for whose protection this labour inspectorate is responsible (Article 4 of the Convention).
2. Training of labour inspectors in agriculture. Please indicate whether labour inspectors in agriculture receive specific training for the performance of their duties (Article 9, paragraph 3).
3. Gender balance in the labour inspectorate. Please indicate the proportion of women appointed to labour inspection in agriculture and state whether special tasks are assigned to them, as envisaged in Article 10.
4. Equipment furnished to labour inspectors in agriculture. Please provide detailed information on the equipment furnished to labour inspectors in agriculture enabling them, in particular, to take or remove for purposes of analysis samples of products, materials and substances used or handled in agricultural undertakings (Article 16, paragraph 1(c)(iii)).
5. Transport facilities. Please indicate whether labour inspectors have access to specific transport facilities for the performance of their duties in agriculture (Article 15, paragraph 1(b)).
6. Participation in inquiries into occupational accidents or occupational diseases. Please indicate the provisions of national laws or regulations requiring inspectors to be associated with any inquiry on the spot into the causes of occupational accidents or occupational diseases that have fatal consequences or affect a number of workers (Article 19, paragraph 2).
7. Annual report on the activities of the labour inspection services in agriculture. The Committee hopes that the Government will soon be in a position to send, in accordance with its undertakings, an annual report on the activities of the labour inspection services in agriculture containing information on each of the subjects listed in Article 27, and that will be published and sent to the ILO within the time limits set in Article 26.
The Committee notes the information and documents provided by the Government in reply to its previous comments and that further information and documents will be sent subsequently. The Committee also notes the adoption of the new Labour Code.
It reminds the Government that reports due under article 22 of the ILO Constitution should contain information on any change and developments in the application of the Convention during the reporting period, and should not be limited to replies to the Committee’s previous comments. The Government is therefore asked to provide, in accordance with its commitments, the information and documents previously requested under Articles 2, 3 and 9 of the Convention and Part IV of the report form, as well as information in reply to each of the requests contained in the report form for the Convention.
The Committee notes the Government’s report and the attached documents, as well as the replies to its previous comments. Additional information is still desirable on the following points.
1. Prevention of employment accidents and occupational diseases. In its previous comments, the Committee expressed its concern at the high number of employment accidents, work-related deaths and occupational diseases reported by the statistics over recent years and requested the Government to indicate the action which had been taken or was envisaged with a view to ensuring greater safety at the workplace under the supervision of the labour inspection services. The Government was also requested to indicate the manner in which labour inspectors supervise the application of legal provisions respecting occupational safety and health and to describe the procedures applicable, particularly in the cases covered by Article 13 of the Convention. In its report, the Government cites in response a number of legal texts respecting the protection of young workers, as well as other texts on safety and health. The annual report for the period ending June 2000 contains statistics of violations mainly related to legal provisions respecting work permits and other fields of social legislation. The Committee does not therefore have at its disposal information enabling it to assess the action of the labour inspectorate intended specifically to reduce the number of accidents and cases of occupational diseases. The Committee would be grateful if the Government would provide detailed information on the means of action of labour inspectors in practice to supervise compliance at the workplace with the relevant legal provisions and the elimination by the employer or his or her representative of situations which they deem to constitute a potential threat or an imminent danger to the health or safety of the workers. The Committee hopes that the Government will also be in a position to provide copies or extracts from documents relating to cases in which the relevant procedures have been followed.
2. Functioning of the Tripartite Commission on Safety and Health in Enterprises. Noting the establishment, under the terms of section 128 of the Labour Code of 1981, of the Tripartite Commission responsible for issues relating to occupational safety and health, the Committee requests the Government to provide copies of any texts issued concerning its establishment, functions and operation, as well as any extracts of reports of its activities related to the matters covered by the Convention.
3. Specific role of women in the labour inspectorate (Article 8 of the Convention). Noting that, in response to the Committee’s previous comment on this point, the Government cites a paper published in 1999 by the General Administration and Regulation Authority in which it indicates that the proportion of women in the staff of the labour inspectorate is 9.17 per cent, the Committee would be grateful if the Government would provide a copy of this work and supply information in its next report on the special role of women labour inspectors.
4. Supervision of the safety and health conditions of young workers. The Committee would be grateful if the Government would provide a copy of Ministerial Order No. 229 of 2000 respecting the establishment of the inspection service for child labour, which the Government indicates is attached to the Central Authority for Workers Welfare, as well as any other text respecting its functions and operation and the activities that it may already have commenced.
The Committee notes the Government’s reports and also Ministerial Order No. 120 of 1996 regarding the determination of the competence of the Ministry of Manpower and Migration. It notes that the Government’s report for the period ending in June 1996 supplies information already communicated in the first report on the application of the Convention and contains no reply to its comments which essentially concerned the practical implementation of legislation and regulations regarding the organization and functioning of the labour administration. The Committee therefore again considers it necessary to request the Government to supply information which will enable it to appreciate the extent to which the provisions of the Convention are effectively applied as concerns the following observations.
Articles 2, 3 and 9 of the Convention. Noting that under section 20 of the Labour Code, the Minister for Labour may grant authority to trade unions to set up employment agencies for their members, and that under section 80 and following of the same Code, contracts and collective labour agreements may be concluded in all sectors of the economy with a view to obtaining more favourable terms and conditions of employment, by negotiations between one or several trade unions and one or several employers or any other party employing workers affiliated to these trade unions or employers’ organizations, the Committee would be grateful if the Government would supply information on the manner in which recourse is made to these provisions in practice, specifying in particular the number and geographical distribution of the employment agencies created under section 20 of the Labour Code, as well as the number of, and matters covered by, the collective agreements concluded under section 80 and following of the same Code, and to supply a copy of all relevant texts. The Committee further requests the Government to supply detailed information on the means at the disposal of the Minister for Labour, other than the visits of the labour inspectorate, to ensure that the workers’ organizations to whom the possibility of creating employment agencies is granted, act in conformity with national legislation and respect the objectives which are set them.
Article 5. The Committee notes the provisions of sections 76 and following of the Labour Code, providing for the creation of a tripartite advisory labour council and for joint workers’ advisory committees in establishments employing more than 50 workers, or support committees and advisory committees in the field of employment, vocational training and wages at national, regional or sectoral level. The Government is requested to supply information on the practical application of these provisions, indicating such cooperative and consultation bodies which may have been established on the basis of these provisions of the Labour Code, providing copies of the texts which instituted them and defined their mandates, and detailing the areas covered by their activities over the last few years.
Article 6. The Committee notes from the information supplied by the Government that the mandates of the various bodies responsible for labour administration within the Ministry of Manpower and Migration principally cover aspects related to Egyptian workers abroad and to foreign workers in Egypt, or to qualified workers. It also notes Ministerial Order No. 112 of 29 May 1999, under which the Minister for Insurance and Social Affairs has introduced a new regulation intended to develop the creation of family and environmental employment. This clearly indicates that all questions concerning work and the development of human resources are not the sole responsibility of the Ministry of Manpower and Migration but may fall within the realm of other ministerial departments or even be delegated by the public powers to parastatal bodies such as non-governmental organizations, as provided for by the abovementioned Ministerial Order. The Committee would be grateful if the Government would supply information on the ministerial departments other than that responsible for manpower and migration as well as on public or private entities exercising labour administration mandates, particularly in the fields of training, placement and the employment of national workers in the national labour market.
Part IV of the report form. The Committee would be grateful if the Government would supply copies or extracts of quarterly reports such as those drawn up by the Department for Planning of the activities of the Ministry; copies of statistical tables established by the Citizens’ Services Office and by the Department of Labour Statistics on the labour inspectorate, occupational safety and health, labour relations, trade unions; or by the Department of Manpower Statistics, in particular on occupational health and vocational training.
Part VI of the report form. The Government is requested to indicate any observations as may have been received from the employers’ and workers’ organizations in respect of the application of the Convention.
With reference to its observation under the Convention, the Committee notes the Government’s report for the period ending June 1997, and the detailed information contained in the annual inspection reports from 1995 to 1999. It requests the Government to provide additional information on the following points.
1. Prevention of employment accidents and occupational diseases. The Committee notes a worrying increase in the employment accidents, work-related deaths and occupational diseases reported over recent years and draws the Government’s attention to the need to take the appropriate measures for the prevention of occupational risks. It would be grateful if the Government would indicate the measures which have been taken or are envisaged with a view to ensuring greater safety at the workplace under the control of the labour inspection services.
2. Powers of injunction of labour inspectors. The Committee notes the statistics provided in the annual inspection reports concerning violations and the penalties imposed in the event of violations of the legal provisions which are under the supervision of the labour inspectorate. It notes that these statistics do not cover issues relating to occupational safety. It therefore requests the Government to provide details on the manner in which labour inspectors supervise the application of legal provisions respecting occupational safety and health and to describe the procedures applicable, particularly in relation to the provisions of Article 13.
3. Cooperation and collaboration in respect of labour inspection. The Committee notes the Government’s indications concerning the collaboration between the labour inspection services and other government services, and particularly the inspection services of the Ministry of Transport and local administrations in governorates, and it wishes to recall that, in accordance with Article 5(b),the competent authority shall make appropriate arrangements to promote collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee would be grateful if the Government would provide detailed information, firstly, on the nature and forms of the cooperation of the labour inspection services and the services referred to in its report for 1997 and, secondly, on any measure which has been taken or is envisaged under Article 5(b) to promote collaboration with the social partners or their representatives.
4. Participation and role of women in the staff of the labour inspection services. The Committee notes with interest the data provided concerning the permanent and temporary staff of the labour inspection services. It would be grateful if the Government would provide information on the proportion of women in the staff, at each level of responsibility, and if it would indicate whether, as envisaged in Article 8 of the Convention, special duties are assigned to men and women inspectors respectively.
5. Labour inspection and child labour. The Committee notes that the annual labour statistics show a significant number of young persons engaged in certain economic sectors. It would be grateful if the Government would indicate whether specific measures are taken by the inspection services to supervise the working conditions of young persons, particularly with regard to their health and their physical and moral safety at the workplace.
With reference to its previous observation, the Committee notes with interest that the Government has taken the necessary measures for the preparation, publication and transmission to the ILO on an annual basis of a general report on the work of the inspection services. The Committee notes the detailed information contained in the annual reports from 1995 to 1999 and trusts that such reports will continue to be transmitted to the ILO and that, in particular, they will make it possible for the Government to draw lessons for the future with a view to improving the working conditions and protection of workers in the exercise of their occupations.
The Committee is addressing a request on certain matters directly to the Government.
The Committee notes the Government's first and second reports. In order to enable the Committee to examine the implementation of the Convention in detail, it would be grateful if the Government would provide additional information on the following points, including information on the practical working of the system of labour administration. Please send a copy of Ministerial Order No. 34 of 1982 and Ministerial Order No. 33 of 1991.
Article 1 of the Convention. The Committee notes that the various bodies described in the Government's report form part of the central administration regarding employment in the Ministry of Manpower and Training. The Committee would be grateful if the Government would provide information regarding other aspects of labour administration in the field of labour policy.
Article 2. The Committee notes the information that section 20 of the Labour Code of 1981 provides for the Minister of Manpower to authorize trade unions to set up employment agencies for their members. Please provide full particulars if use has already been made of such provision in practice.
Article 4. Please describe the arrangements made to ensure the effective operation and coordination of the functions and responsibilities of the system of labour administration dealing with all aspects of national labour policy, including its workings.
Article 5. The Committee notes the provisions on consultation and cooperation of Title IV of the Labour Code. Please provide full details on the workings of the Central Advisory Labour Council (section 76 of the Labour Code), and the joint advisory committees (section 77 of the Code).
Article 6, paragraph 2(d). Please indicate what measures have been taken to ensure that competent bodies within the system of labour administration make technical advice available to employers and workers and their respective organizations on their request.
Article 9. The Committee would be grateful if the Government would provide details on the means (other than labour inspection visits) available to the Ministry of Manpower and Training to ascertain whether parastatal agencies and regional and local agencies are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them. Please indicate if means such as a reporting system or some other similar means are used to evaluate their work.
Article 10. Please indicate whether the particulars mentioned in the Government's report with respect to the qualification, status, and other aspects of work of labour inspectors are applicable to the other members of the labour administration system.
[The Government is asked to report in detail in 1996.]
Further to its previous observation, the Committee notes with interest the Government's report and the labour inspection and industrial safety reports for the first six months of 1993. It also notes that these reports are published in the form provided for by Article 20 of the Convention and that they contain the relevant subjects required by Article 21 of the Convention. The Committee further notes the Government's indication that some inspection reports are prepared on a six-monthly basis and others on a yearly basis. The Committee draws the Government's attention to Article 20 which requires that a general report be published annually. It also refers to the explanations contained in paragraph 278 of its 1985 General Survey on labour inspection to express the desirability of publishing such reports in a single document, unless they result from the work of autonomous labour inspection services covering different branches of activity or different objects of supervision. It hopes the Government will take these points into account, so that the manner in which the Convention is being applied can be duly appreciated.
Further to its previous comments made over many years, the Committee notes, from the Government's report covering the period ending June 1993 and from the statistical information provided, the information that a report on the activities of the inspection services for the years 1990-91 has been passed on to the Government and that the Government is preparing the annual inspection report for the period ending 30 June 1993 which it will communicate to the Office when completed. It also notes the annual report on safety at work containing statistics of occupational diseases and serious industrial accidents. It further notes that Ministerial Decree No. 33 of 1991 provides for the powers and duties of the Ministry of Labour including the labour inspectorate. The Committee underlines the importance of duly prepared inspection reports at the national and international levels for the assessment of whether workplaces are being inspected as often and as thoroughly as necessary, in accordance with Article 16 of the Convention. It is bound to observe that the Convention requires these data to be published regularly and, as indicated at paragraph 277 of the Committee's 1985 General Survey on Labour Inspection, widely disseminated among the authorities and administrations concerned and among workers' and employers' organizations, and placed at the disposal of all interested parties. The Committee also notes that the statistics of penalties imposed which are required under Article 21(e) have not been provided. It trusts the Government will indicate the measures taken or envisaged to ensure that the central inspection authority publishes and transmits to the ILO a regular annual inspection report within the time-limits set by Article 20, and containing all the information required by Article 21 of the Convention.
Articles 20 and 21 of the Convention. Further to its observation, the Committee notes the limited information and statistics provided with the Government's report. It is bound, however, to observe that the Convention requires these data to be published regularly and, as indicated at paragraph 277 of the Committee's 1985 General Survey on Labour Inspection, widely disseminated among the authorities and administrations concerned and among workers' and employers' organisations, and placed at the disposal of all interested parties. Additionally, the Committee notes that the statistics of penalties imposed, industrial accidents and occupational diseases required under Article 21(e), (f), and (g) have not been provided. Please indicate what steps are taken or envisaged to ensure that the central inspection authority publishes and transmits to the ILO a regular annual inspection report containing all the information required by the Convention.
In comments made over many years, the Committee has drawn attention to the need to compile, publish and transmit to the ILO each year inspection reports containing all the information required by the Convention (Articles 20 and 21). Such reports, duly prepared, are essential at both the national and international levels in order to assess whether workplaces are being inspected as often and as thoroughly as necessary, in accordance with Article 16. The Committee is again addressing a direct request to the Government concerning the implementation of these Articles.
Articles 20 and 21 of the Convention. While noting the statistical tables for 1987 supplied by the Government with its 1988 report, the Committee wishes to draw the Government's attention to the fact that the above Articles of the Convention provide that a general annual report on the work of the inspection services including statistics on the subjects listed at Article 21 must be published and transmitted to the International Labour Office within 12 months after the end of the year to which it relates. The Committee trusts that the Government will take the necessary steps to ensure that, in future, the requirements of these provisions are fully observed.