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2006, Labour Inspection: Chapter II - Mandate of the labour inspection

Description:(General Survey)
Convention:C081
Convention:P081
Convention:C129
Recommendation:R081
Recommendation:R082
Recommendation:R133
Subject classification: Labour Inspection
Subject: Labour Administration and Inspection
Document:(Report III Part 1B)
Session of the Conference:95
Display the document in: French Spanish
Document No. (ilolex): 252006G04

Chapter II

Mandate of the labour inspection

44. According to Article 2, paragraph 1, of Convention No. 81, conditions of work and the protection of workers while engaged in their work are the main area of competence of labour inspectorates in industrial and commercial workplaces. Article 6, paragraph 2, of Convention No. 129 states that labour inspectors may have enforcement functions regarding legal provisions concerning conditions of life of agricultural workers and their families.

45. Many different issues are covered by the term "working conditions". They concern the conditions and the environment in which work is carried out. For example, Article 3, paragraph 1(a), of Convention No. 81, refers to hours, wages, safety, health and welfare, and the employment of children and young persons, while Article 6, paragraph 1(a), of Convention No. 129 refers in addition to weekly rest, holidays, and the employment of women.

46. The expression "protection of workers while engaged in their work" used in Convention No. 81 has to be understood in a broader manner in the context of the subsequent Conventions and Recommendations. Thus, it relates more specifically to social protection and to the fundamental rights of workers throughout their employment. It is clear from the preparatory documents relating to Convention No. 129 that the term was intended to cover areas such as the right to organize and engage in collective bargaining, conditions of termination of employment, and social security.

47. The supervision of legal provisions concerning other areas which might have some relationship or connection with working conditions and protection of workers may also come within the remit of the labour inspectorate, as is indicated in Article 3, paragraph 1(a), of Convention No. 81, and Article 6, paragraph 1(a), of Convention No. 129. Paragraph 2 of Recommendation No. 133, which supplements Convention No. 129, refers indicatively to provisions relating to: (a) training of workers; (b) social services in agriculture; (c) cooperatives; and (d) compulsory school attendance.

48. According to Article 3, paragraph 1(a), and Article 27, of Convention No. 81, and Article 2 and Article 6, paragraph 1(a), of Convention No. 129, the areas of competence of the labour inspectorate include at the national level legal provisions, enforcement of which is entrusted to labour inspectors. These provisions include, apart from legislation, arbitration awards and collective agreements that have force of law.

49. The areas of competence of labour inspectorates is based most often on legislative provisions of general scope such as labour codes, general labour laws, and laws concerning labour relations and, more recently, equality and anti-discrimination laws, supplemented by regulations on the organization, functioning or powers of the bodies that constitute the labour administration system. Specific statutes on labour inspection can specify the areas of competence of the labour inspectors. (Endnote_1) To determine the exact scope of the mandate of the labour inspectorate, however, it is often necessary to consider a number of texts that differ in nature and scope, together with a number of exclusions.

I. Conditions of work and protection of workers

A. The conditions of work covered by the instruments

50. In many countries (Belgium, Bulgaria, Chile, Denmark, (Endnote_2) France, Ghana, (Endnote_3) Greece, Lebanon, Lesotho, (Endnote_4) Mongolia, Nigeria, (Endnote_5) South Africa, Spain, all the French-speaking countries of Africa and most countries in Latin America), labour inspection extends to all areas covered by labour legislation. In Lebanon, for example, the Labour Inspection Department is responsible for the enforcement of all laws and regulations concerning terms and conditions of employment and protection of workers at the workplace, including the provisions of ratified international labour Conventions. The areas covered by the remit of the labour inspectorate include, but are not limited to, the following: hours of work, rest periods, wages, safety, hygiene, occupational health and health care, occupational diseases and accidents at work, occupational risks and the employment of young people. (Endnote_6)

Labour inspection and child labour

A strong legal basis

ILO Conventions Nos. 81 and 129 establish an explicit link between labour inspection and child labour by including among the primary functions of labour inspection the enforcement of the legal provisions relating to conditions of work and the protection of workers, such as provisions relating to the employment of children and young persons. Recommendations were made on this basis by the Meeting of Experts on Labour Inspection and Child Labour in Geneva in 1999 and the Tripartite Meeting of Experts from the Africa Region on the role of labour inspection in combating child labour in Harare in 2001, which called on the ILO to continue to support the strengthening of labour inspection capacities to work against child labour in a meaningful way.
The partnership between IPEC and labour inspectorates

Since its establishment, ILO-IPEC has worked with national labour inspectorates (Footnote 1) and the International Association of Labour Inspection (IALI). Recognizing that labour inspectors have a pivotal role to play in combating child labour by virtue of their right of entry and enforcement mandates, IPEC has centred its efforts on improving the labour inspector's capacity to identify underage workers and the hazards which put them at special risk and to coordinate with other parties to see that child workers, once found, are referred to schools or services. Materials have been developed to support this; they include the Handbook for labour inspectors on combating child labour (2002), a training guide for labour inspectors (2005), and a set of technical sheets (2005), aimed at helping labour inspectors tackle specific child labour situations.
The limited number of labour inspectors in developing countries has made it difficult for inspectors to cover the informal economy and agriculture where most child labour is found. To address this, IPEC developed the concept of "child labour monitoring systems" (CLM) in which labour inspectorates feature as core partners. CLM extends the eyes and ears of the inspectorate through locally developed teams of monitors.

Footnote 1: In Albania, Ghana, Indonesia, Kenya, Mongolia, Pakistan, Philippines, Turkey, Romania, United Republic of Tanzania, Uganda, Ukraine.

51. In other countries, labour inspection is restricted to specific areas such as occupational safety and health, including the employment of women and children; this is the case in the United Kingdom. In Switzerland, cantonal labour inspectorates are responsible for enforcing the protective provisions under the relevant federal laws on labour (Endnote_7) and accident insurance. (Endnote_8)

Turkey: An innovative labour inspectorate to combat child labour

Between 1994 and 2003, six action programmes on child labour within the IPEC framework have been implemented by the labour inspectorate of the Turkish Ministry of Labour and Social Security (MOLSS). The early projects centred around understanding the working conditions of children in industry, increasing the awareness of the labour inspectors toward child labour and, most importantly, introducing a new inspection system into the Ministry. The new inspection system aimed at improving cooperation of inspectors with working children, managers and employers in an effort to bring about a safer workplace. The success of the new inspection system depended not only on a change in the philosophy of inspection on the part of the labour inspectors, but also on persuading the working children, managers and employers to view labour inspectors as a hand extended by the Government not to punish, but rather to provide assistance for improving working conditions in the establishment and in the industry in general. In short, the new inspection system attempted to introduce a participatory method to address the issue of child labour.
The Ministry of Labour and Social Security trained 108 labour inspectors who worked full time on child labour issues. During this time, seven sectors (metal, woodworking, textile, garment, leather, auto repair and car polishing) in seven regions of the country were the most extensively covered. Labour inspectors collected detailed information on specific subjects, including: the sectors where child labour was extensively employed; the educational status of child workers and their families; the risks faced in workplaces; industrial relations; the levels of occupational training; and future expectations. This was an important step toward filling the information gap existing in the field of child labour as the inspectors were able to reach over 10,000 children. Different methods of data collection were used to provide a detailed picture of the risks and hazards faced by children working in these sectors.

52. In some countries, certain areas of legislation are expressly excluded from the scope of labour inspection; one example is Luxembourg, which excludes occupational health. (Endnote_9) In other countries, the scope of enforcement of legislation on conditions of work and protection of workers varies according to economic sector, with agricultural workers only partially covered (Endnote_10) or not at all, (Endnote_11) or according to whether the establishment in question is public or private (workers in the public sector are not always covered by the minimum standards of protection).

53. Certain governments have indicated that the enforcement of legal provisions concerning conditions of work and protection of workers in certain non-commercial services is the responsibility of bodies distinct from the labour inspectorate. (Endnote_12)

B. New aspects of conditions of work

54. Provisions relating to the protection of women as regards pregnancy and maternity, hours of work, wages, children and adolescents, weekly rest, and holidays, are covered by most systems of labour inspection. In addition, there is now evidence of an emerging role for labour inspectors in monitoring equality and diversity in the workplace. There is nevertheless a marked tendency for hygiene, welfare, and occupational safety and health, to predominate.

55. Over recent decades, advances in scientific, psychological and technical knowledge have revealed the impact of working conditions on workers' physical and mental health and, consequently, on the productivity of enterprises. As a result, considerable efforts have been made, especially in the developed countries, to improve inspection systems and broaden the mandate of the labour inspectorate. The narrow concept of health used in the instruments rapidly gave way to a broader notion of occupational health, which is almost invariably linked with occupational safety. The economic consequences of a number of recently identified phenomena such as workplace stress, aggressive and bullying behaviour in the workplace and sexual harassment at work have prompted a number of countries, such as Sweden and Switzerland, to recruit and train specialist labour inspectorate staff in the area of mental health at work. More generally, action is being taken to ensure that the working environment and workplace are better adapted to workers' needs and to develop an occupational safety and health culture that gives priority to prevention, especially prevention of certain specific occupational ergonomic and psychosocial hazards such as chronic back pain, stress and fatigue. It is normally labour inspectors who are responsible for enforcing the relevant legal provisions.

56. Labour inspectors have an especially important role in protecting workers in relation to the HIV/AIDS pandemic. The ILO and the UNDP developed a partnership to combat HIV/AIDS involving pilot projects in three countries (Ghana, Thailand and Ukraine). One major aspect of these projects is the training of labour inspectors in this area and on the means that need to be applied to eradicate the problem. A number of other seriously affected countries are adopting measures to give their labour inspectorates powers that will enable them to help combat this problem.

C. Protection of workers while engaged in their work

57. While referring in distinct terms both to conditions of work and the protection of workers while engaged in their work, the instruments foresee the labour inspectorate covering rights recognized in national labour legislation. In a number of countries, the labour inspection is competent to cover freedom of association, equality of treatment, (Endnote_13) dismissal procedures, (Endnote_14) and social security. (Endnote_15)

D. Related matters

58. Legal provisions pertaining to matters related to conditions of work and protection of workers fall within the scope of the instruments under consideration by virtue of Article 3, paragraph 1(a), of Convention No. 81 and Article 6, paragraph 1(a), of Convention No. 129. Available information indicates that most national legislations confer on labour inspection bodies the authority to enforce or participate in the enforcement of the application of legal provisions concerning training (Endnote_16) – often in the area of occupational safety and health (Endnote_17) – equipment purchases, (Endnote_18) regulations concerning the form and substance of contracts of employment, (Endnote_19) workplace rules, (Endnote_20) the obligation to inform workers of the terms of their employment contracts when they are hired, (Endnote_21) individual labour disputes, (Endnote_22) registration of employers' and workers' organizations, (Endnote_23) collective agreements, (Endnote_24) and workers' stores (Endnote_25) and unemployment insurance. (Endnote_26)

59. When the professional activities of certain workers require employers to take charge of their living conditions, or certain aspects of them, national legislation may contain provisions on the employer's obligations in this regard, and in some cases it is the labour inspectorates that are responsible for enforcement of these provisions. Thus, in Croatia, the labour inspectorate enforces regulations on the provision of accommodation, food and transportation for workers at temporary work sites outside the seat of the organization or employer.

II. Living conditions of workers and their families

60. Workers in agriculture and their families often have to live on the agricultural production site. Family members of agricultural workers are often involved in agricultural work as well, without remuneration. In view of this, Article 6, paragraph 2, of Convention No. 129 provides that national laws or regulations may give labour inspectors advisory or enforcement functions regarding legal provisions relating to conditions of life of workers and their families. In a number of industrialized countries labour inspection coverage has been extended to the living conditions of agricultural workers, and less frequently those of their families. These are mainly advisory and assistance functions, however, and rarely include enforcement, which falls within the remit of other public institutions. In Norway, for example, the labour inspectorate is required to forward to the Health Council complaints and reports on the hygiene conditions of accommodation provided by employers. (Endnote_27) It also pays special attention to compliance with the statutory limits on child labour and distributes illustrated booklets to farmers informing them of legislation and the best way to apply it. In Finland, although not explicitly tasked with enforcement of living conditions of self-employed farmers' families, the labour inspectorate has organized and carried out, in cooperation with the farmers' social insurance institution, an active campaign for the prevention of safety and health risks to children living on farms, aimed inter alia at reducing the number of tractor accidents they are exposed.

61. In Central and Eastern European countries, since the 1990s labour inspectorates have been assigned the task of supervising agricultural employers' compliance with their obligations with regard to the living conditions and social integration of families of agricultural workers living on farms. In Poland, for example, they verify whether employers with more than 20 employees meet their obligation to set up a social fund to finance social activities (culture, education, sports and leisure, material assistance in cash and in kind and housing assistance) for current and former workers and their families. (Endnote_28) They are empowered to impose fines in the event of violations.

62. Countries including Guatemala, Honduras, (Endnote_29) Kenya, (Endnote_30) Mauritius, (Endnote_31) Nigeria (Endnote_32) and Uruguay have vested labour inspectors with extensive powers to inspect the living conditions of agricultural workers and their families. In Honduras, labour inspectors' tasks include enforcing compliance with the obligation for agricultural or forestry enterprises employing more than 20 workers to provide schoolroom premises for their employees' children. (Endnote_33) In addition, they verify whether work done by an under-age or female family member to help an agricultural worker is considered, as provided by law, as establishing a contractual employment relationship. (Endnote_34) The same applies in Guatemala, where legislation provides more specifically that any contribution by a family member of the employee to the operation of the agricultural enterprise entitles that person to remuneration, (Endnote_35) and where labour inspectors are also responsible for enforcing regulations concerning the hygiene conditions and amenities of accommodation provided to agricultural workers and their families (water, electricity, number of rooms, etc.). (Endnote_36) In Uruguay labour inspectors are empowered to impose fines on employers for infringing similar provisions, which in addition lay down the obligation to provide food to the worker's spouse, children and parents; the prohibition on using the worker's accommodation as storage space; the obligation to encourage children's schooling and provide supplies for the purpose; and the obligation to keep a dismissed worker or family member on the farm in the event of illness. (Endnote_37) In Cambodia, labour inspectors are responsible for enforcing legal provisions relating to the living conditions of workers and their families on plantations, which require employers to provide benefits in the form of housing, schooling, care, food and water supplies, as well as coverage of funeral expenses. (Endnote_38)

63. The Committee notes, however, that in the few cases where information is provided concerning the labour inspectors' role in practice under such legal provisions, it is not specific enough and is inadequate as a basis for assessing their impact on the improvement of living conditions. (Endnote_39) Governments of many developing countries have repeatedly pointed out that the lack of sufficient financial and human resources remains the main obstacle in the way of translating political will into action in this regard.

III. Other functions entrusted to labour inspectors by national legislation

64. The available information suggests that most national legislation empowers labour inspectors to enforce the application of legal provisions pertaining to areas not actually covered by the instruments under consideration, or even entrust them with certain other functions. For example, the Committee has noted cases of labour inspectors being entrusted with powers relating to product safety and market surveillance, (Endnote_40) calculation of redundancy payments, or assisting workers with letters of resignation, on-the-job training, (Endnote_41) and other areas. Among the many tasks assigned to labour inspectors, some are purely administrative, such as calculation of severance pay and drafting of resignation letters at the worker's request in El Salvador; or, in several countries, the issuance of work permits (Endnote_42) or approval of internal regulations of establishments and enterprises. (Endnote_43)

65. In Niger, labour inspectors have teaching duties in schools and training centres. (Endnote_44) In Costa Rica, they are invited to conduct presentations in schools and training centres to familiarize pupils with aspects of their future working conditions and employment relationships.

66. In some countries, placement services are supervised by labour inspectors. (Endnote_45) The Government of Mauritania has decided to relieve the labour inspectorate of its tasks in this area.

67. In the course of performing its various tasks, the labour inspectorate is required to collect a considerable amount of economic and social statistics. It is hardly surprising therefore that in some countries it is responsible for providing the authorities with reports on particular aspects of economic and social life. In Tunisia, for example, labour inspection officials verify the industrial relations and employment clauses of procurement contracts of the State and public bodies. (Endnote_46)

68. A number of other more or less time-consuming tasks are assigned to labour inspectors in several countries: for example, safety checks of freight elevators in Nigeria; supervision of technical equipment and products placed on the market in Germany, Hungary and Sweden; supervision of toys in Luxembourg; issuance of permits to market hot water heaters and other hazardous equipment in Japan. The Government of the Netherlands has stated that inspectors issue the compulsory licenses for the use of radioactive substances. In some countries, legislation provides in general terms that labour inspectors may be required to carry out any other function at the request of the competent authority.

69. The labour inspection instruments do not rule out the possibility of labour inspectors being assigned other promotional tasks by legislation or national practice, in addition to those inherent in their primary duties. It should be recalled, however, that their primary duties are complex and require time, resources, training and considerable freedom of action and movement. This is why both Conventions contain identical provisions stipulating that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers (Article 3, paragraph 2, of Convention No. 81 and Article 6, paragraph 3, of Convention No. 129). The information provided by governments both in their reports to the Office and in the annual reports published by the central inspection authority show that it is often difficult in practice for labour inspectorates to carry out all of their statutory functions in the sectors within their remit. For many developing countries, the lack of adequate resources for labour inspection is a major obstacle to meeting needs in a satisfactory manner. It is the root cause of a chain of failures: lack of a clear perception of the economic activities covered; shortage and inappropriate distribution of staff; employment and working conditions that are not conducive to retaining staff; distortion of the objectives of labour inspection, etc. This calls for increased efforts at both the national and international levels to strengthen labour inspection through sound strategies and policy tools.

70. The functions assigned to the labour inspectorate by the instruments all share the same objective: enforcement and improvement of the legislation on legal provisions relating to conditions of work and the protection of workers while engaged in their work. In addition to their inspection function, they have other tasks with the same ultimate aim: to supply technical information and advice, and to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. Any further duties which may be entrusted to labour inspectors must not be such as to interfere with the discharge of their primary duties with the necessary authority and impartiality.

A. Functions in the event of collective labour disputes

71. Among the duties sometimes assigned to labour inspectors in addition to inspection related to conditions of work and protection of workers while engaged in their work, one of the most controversial tasks is the settlement of collective labour disputes. The labour inspectorate has an important role in conciliation during collective labour disputes in the following States: Algeria, Burundi, Cameroon, (Endnote_47) Central African Republic, Chad, Djibouti, Guinea, (Endnote_48) Madagascar, Mali and Morocco, as well as most Latin American countries. In Colombia, for example, the Committee has observed that inspectors' conciliation activities in labour disputes far outweighed their inspection visits. In Bolivia, (Endnote_49) Ecuador, (Endnote_50) El Salvador, (Endnote_51) Japan, Kenya, (Endnote_52) Mauritius and the Bolivarian Republic of Venezuela (Endnote_53) inspectors are also required to intervene in disputes as mediators or conciliators.

72. The Committee recalls the importance of avoiding overburdening inspectorates with tasks, which by their nature may in certain countries be understood as incompatible with their primary function of enforcing legal provisions. It observes that there are countries in which conciliation is regarded as a natural aspect of the function of labour inspector because, as public officials closest to the social partners, and because of their qualities of independence and impartiality foreseen in Article 6 of Convention No. 81, labour inspectors are considered to be in the best position to understand conflicts between workers and their employers. However, Recommendation No. 81 provides that "the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes". (Endnote_54) Accordingly, in many countries, the roles of conciliation and enforcement are separated for two reasons. Firstly because in those countries the nature and role of labour inspection are such that conciliation of labour disputes unrelated to a breach of the law is not effective. Secondly, the time and energy that inspectors spend on seeking solutions to collective labour disputes is often at the expense of their primary duties. (Endnote_55)

73. In countries where occupational safety and health aspects of working conditions are traditionally the main concern of the labour inspectorate, labour relations fall within the remit of bodies set up for the purpose. (Endnote_56)

74. Assigning conciliation and mediation in collective labour disputes to a specialized body or officials enables labour inspectors to carry out their supervisory function more consistently. This should result in better enforcement of the legislation and hence a lower incidence of labour disputes. In Jordan, for example, conciliation is conducted by labour ministry officials appointed for the purpose. (Endnote_57) In Lesotho, the existence of a specialized body has not prevented the labour inspectorate from maintaining its conciliation role in practice. In Rwanda (Endnote_58) and Zimbabwe, (Endnote_59) this task is now within the remit of the labour jurisdiction. A similar measure was announced by the Government of Swaziland and was taken recently in Honduras at the regional level (Tegucigalpa and San Pedro de Sula).

B. Control of illegal employment

75. Many countries assign the labour inspectorate the task of supervising the legality of employment and prosecuting violations, including both clandestine work and migrant workers in an irregular situation. (Endnote_60)

76. The labour inspection systems established in accordance with the instruments should perform the labour inspection functions laid down in them with the main objective of enforcing the legal provisions relating to conditions of work and the protection of workers and, where appropriate, their living conditions and those of their families. For this purpose, Article 12, paragraph 1, subparagraph (c)(ii), of Convention No. 81 and Article 16, paragraph 1, subparagraph (c)(ii), of Convention No. 129 provide that the books, registers or other documents that labour inspectors must be empowered to require during inspections are those the keeping of which is prescribed by laws or regulations relating to conditions of work – and of life, in the case of agricultural enterprises. It is the labour inspectorate that is responsible for verifying whether the conditions in which the contract of employment is concluded and fulfilled comply with the applicable provisions, in particular in the case of vulnerable workers such as young persons or people with certain disabilities.

77. Concerning clandestine or illegal employment, it should be pointed out that neither Convention No. 81 nor Convention No. 129 contain any provision suggesting that any worker be excluded from the protection afforded by labour inspection on account of their irregular employment status. On the contrary, it is clear from Article 4 of Convention No. 129 that the system of labour inspection in agriculture must apply to all employees or apprentices, however they may be remunerated and whatever the type, form or duration of their contract. During the preparatory work for the adoption of this provision, most of the member States that responded considered that, given the traditionally informal nature of the employment relationship in agricultural enterprises in many countries, the existence of a wage relationship with the operator should be the determining factor in defining the workers covered. (Endnote_61)

78. Inspections of clandestine work or illegal employment, which are increasingly closely linked to irregular migration, are carried out in many countries through a partnership between the labour inspectorate and other public administration bodies (such as internal and border police, customs, social insurance bodies and tax services), each in pursuit of its own objectives. (Endnote_62) In some countries labour inspectors are assigned a major role in this area, in view of their special knowledge of the world of work and free access to workplaces, as may be seen from the annual activity reports of the labour inspection authorities received by the International Labour Office. The Committee recalls that the primary duty of labour inspectors is to protect workers and not to enforce immigration law. In some cases the Committee has noted that a large proportion of inspection activities are spent on verifying the legality of the immigration status. Since the human and other resources available to labour inspectorates are not unlimited, this would appear to entail a proportionate decrease in inspection of conditions of work. The Committee would like to draw the attention of the governments of the countries concerned to the need to ensure, in accordance with Article 3, paragraph 2, of Convention No. 81 and Article 6, paragraph 3, of Convention No. 129, that additional duties that are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers are assigned to labour inspectors only in so far as they do not interfere with their primary duties. It has welcomed the initiative of certain governments to relieve the inspectorate of the task of policing illegal employment and transfer it to another body. (Endnote_63) Illegal employment, "clandestine work" or "illegal employment of foreign labour" is on the increase in many industrialized countries. Efforts to control the use of migrant workers in an irregular situation require the mobilization of considerable resources in terms of staff, time and material resources, which inspectorates can only provide to the detriment of their primary duties. With the exception of a few countries, only the employer is held accountable for illegal employment as such, with the workers involved in principle being seen as victims. However, where the workers concerned are foreigners residing illegally in the country, they are doubly penalized in that, in addition to losing their job they face the threat of expulsion, if not actual expulsion. Nonetheless, the fact that labour inspection in general has the power to enter establishments without prior authorization allows it more easily than other institutions to put an end to abusive working conditions of which foreign workers in an irregular situation are often the victim, and to ensure that workers benefit from recognized rights. In these circumstances, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection. This objective can only be met if the workers covered are convinced that the primary task of the inspectorate is to enforce the legal provisions relating to conditions of work and protection of workers.

C. Functions related to the exercise of freedom of association and the right to collective bargaining

79. Labour inspection officials often bear responsibilities in the field of industrial relations, relating to the exercise of trade union rights and protection of trade union members. One such task is the registration of trade unions, generally accompanied by verification of the legality of their by-laws. (Endnote_64)

80. In some countries, the role assigned to labour inspectors in the field of industrial relations tends to take the form of close supervision of the activities of trade unions and employers' organizations to ensure that they do not exceed the limits laid down by legal provisions, their own internal regulations and their by-laws. The Committee can only express its reservations when excessive use is made of such supervision to the extent that it takes the form of acts of interference in these organizations' legitimate activities. It recalls that the labour inspectorate should only act in exceptional cases such as offences or violations of the law denounced by a significant number of members. In this regard, the Committee noted with satisfaction the repeal of certain provisions of Colombian legislation authorizing labour inspectors to interfere in trade unions' internal affairs. (Endnote_65)

81. In Honduras, (Endnote_66) labour inspectors may contribute to the process of revising collective agreements; they register and supervise such agreements in Bolivia, (Endnote_67) Ecuador, (Endnote_68) El Salvador, (Endnote_69) Ghana, (Endnote_70) Paraguay (Endnote_71) and the Bolivarian Republic of Venezuela. (Endnote_72) In Brazil, in contrast, a recent Ministerial Ordinance confirmed that the labour inspection could not revise the provisions of collective agreements registered by the Labour Ministry. (Endnote_73) In Italy, a 1990 Act vested labour inspectors with responsibility for supervising votes that may be held in the event of a controversy on the exercise of the right to strike. (Endnote_74)

D. Child labour

82. One hundred and fifty-seven States have ratified the Worst Forms of Child Labour Convention, 1999 (No. 182). The Convention requires ratifying member States to take immediate and effective steps to prohibit and eliminate the worst forms of child labour. The measures include a number of penal prohibitions concerning child labour ranging from, for example, trafficking, forced labour, prostitution and pornography to hazardous work. The measures require States to prevent these forms of child labour and to investigate, prosecute and punish violations of the penal provisions.

83. It is quite evident from the nature of many of these offences (trafficking, prostitution, pornography and drugs, etc.) and from the nature and location of policing these offences (streets, airports, borders etc.) that the labour inspectorate is unsuited to be the principal monitoring and investigating agency in this respect. Indeed, in most countries these offences are primarily dealt with by policing and immigration agencies, which are more appropriate for the task. In some countries, however, the labour inspectorate has been nominated as the primary monitoring and enforcement agency to give effect to the requirements of the Convention. This is often due to the summary inclusion of penal prohibitions against the worst forms of child labour in the country's labour legislation rather than into its penal code or criminal law.

84. Labour inspectors, however, continue to play an important role in the protection of the health, safety and welfare of children. Convention No. 182 requires member States to determine conditions, activities and workplaces that are hazardous for children, to identify the workplaces where these hazardous activities occur and to prohibit employment of children under such conditions and in such activities and workplaces. The labour inspector has a critical role in giving effect to these measures. It is important to note, however, that the Convention applies to all children, not only those in formal employment. Accordingly, it is important for labour inspectors to be given powers to monitor and investigate the position of all children doing hazardous work and engaged either directly or indirectly by persons who benefit from their work in order to protect their health, safety and morals. In doing so, labour inspectors should usually coordinate their activities with those of the appropriate agencies involved in children's welfare.

Endnotes

Endnote 1

Latvia: Point 2 of the Statutes on State Labour Inspection, Regulation No. 53 of 14 March 1995 provides that the state labour inspectorate enforces laws and regulations concerning labour, social protection, and the use and maintenance of hazardous facilities. Mexico: General Regulations on inspection and application of sanctions for violations of labour legislation.

Endnote 2

Working Environment Act.

Endnote 3

Section 122 of the Labour Act No. 651 of 2003.

Endnote 4

Section 14 of Labour Code Order No. 24 of 1992.

Endnote 5

Section 78 of Chapter 198 of the 1990 Labour Act.

Endnote 6

Section 2 of Presidential Decree No. 3273 of 26 June 2000.

Endnote 7

Federal Act of 13 March 1964 concerning labour in industry, crafts and commerce.

Endnote 8

Federal Act of 20 March 1981 concerning accident insurance.

Endnote 9

Section 1 of the Act of 14 December 2001, amending the Act of 17 June 1994, concerning occupational health services.

Endnote 10

For example, in Egypt, sections 97 and 103 of the Labour Code expressly exclude conditions of work of women and children in the agricultural sector; in Turkey, only agricultural undertakings employing 50 or more workers are liable to labour inspection.

Endnote 11

The Governments of Japan and Panama state that there is no labour inspection in agriculture. In Qatar, the Labour Code is not applicable to agricultural workers, and there is no official body responsible for labour inspection in agricultural enterprises.

Endnote 12

Including, for example, the army (Cameroon, Denmark, Kenya, Lesotho, Luxembourg); maritime services (Croatia, Denmark, Sweden); aviation (Denmark, Sweden).

Endnote 13

For example, Ghana.

Endnote 14

Benin, Côte d'Ivoire, Guinea, Niger and the Bolivarian Republic of Venezuela, with regard to lay-offs for economic reasons and dismissals of workers' representatives.

Endnote 15

For example, Angola, Argentina, Bolivia, China, Cuba, Mongolia, Niger, Paraguay.

Endnote 16

For example, Denmark, France, Mexico, Peru, Tunisia.

Endnote 17

For example, Japan, Lesotho, New Zealand, Niger, Slovenia, Sweden.

Endnote 18

For example, France, Germany, Luxembourg, Nigeria, Sweden.

Endnote 19

For example, Ecuador, Nicaragua, Paraguay, Slovenia.

Endnote 20

For example, Benin, Chad, Côte d'Ivoire, Guatemala, Paraguay, Russian Federation.

Endnote 21

Nigeria.

Endnote 22

Burundi, Cameroon, Ecuador, Guinea, Kenya.

Endnote 23

Ghana, Honduras, Niger, Bolivarian Republic of Venezuela.

Endnote 24

Bolivia, El Salvador, Ecuador, Paraguay.

Endnote 25

Benin, Democratic Republic of the Congo, Rwanda.

Endnote 26

For example, South Africa.

Endnote 27

Act of 19 December 1958 respecting the conditions of employment of agricultural workers.

Endnote 28

Section 12 of the Act of 4 March 1994 on the social fund.

Endnote 29

Section 614(V) of the Labour Code.

Endnote 30

Section 50(a) of Chapter 226 of the Employment Act, as amended in 1997.

Endnote 31

Section 14(2) of the Occupational Safety, Health and Welfare Act (No. 34 of 1988).

Endnote 32

Section 78(b) of the Labour Act.

Endnote 33

Section 198 of the Labour Code.

Endnote 34

Section 199 of the Labour Code.

Endnote 35

Section 139 of the Labour Code.

Endnote 36

Section 104 of the General Regulations of 28 December 1957 respecting health and safety at work.

Endnote 37

Act No. 14785 of 9 May 1978 to promulgate regulations on the employment of rural workers.

Endnote 38

Chapter VII of the Labour Code, concerning special conditions of work in agricultural occupations.

Endnote 39

The Government of Kenya has supplied statistics on the inspections carried out with regard to the employer's obligation to provide workers and their families with hygienic accommodation on sisal and coffee plantations, under the Employment Act.

Endnote 40

For example, Germany, Luxembourg, New Zealand.

Endnote 41

For example, in France.

Endnote 42

This is generally the case in the Gulf States, owing to the large proportion of foreign workers.

Endnote 43

For example, in Cameroon, Guinea, Niger and Paraguay.

Endnote 44

Under section 510(1) of the Labour Code.

Endnote 45

In Bulgaria and Niger, for example.

Endnote 46

Section 180 of the Labour Code.

Endnote 47

Sections 158 and 160 of the Labour Code.

Endnote 48

Sections 331 and 358 of the Labour Code. However, the Government announced its intention of taking steps to ensure that labour inspectors are released from the duty of conciliation during collective labour disputes.

Endnote 49

Sections 107 and 110 of the Presidential Decree of 24 May 1939 to promulgate the General Labour Act.

Endnote 50

Section 477 of the Labour Code.

Endnote 51

Section 22(d) of Decree No. 682 of 11 Apr. 1996 respecting the organization and functions of the labour and social welfare sector.

Endnote 52

Although legislation only assigns this role to labour inspectors in the event of individual disputes (section 40(2)(a) of the Employment Act, as amended in 1977), they also perform it in collective disputes in practice, according to the Government's 2001 report on the application of Convention No. 81.

Endnote 53

Sections 478 and 480 of the Organic Labour Act.

Endnote 54

Recommendation No. 133 provides that, where no special bodies for this purpose exist in agriculture, labour inspectors in agriculture may be called upon as a temporary measure to act as conciliators, yet measures should be taken with a view to relieving labour inspectors progressively of such functions so that they are able to devote themselves to a greater extent to the actual inspection of undertakings (Paragraph 3(2) and (3) of the Recommendation).

Endnote 55

According to the Latin American Confederation of Labour Inspectors (CIIT), inspectors' mediation tasks constitute an additional obstacle to the performance of their inspection duties.

Endnote 56

This is the case, inter alia, in Denmark, Germany and the United Kingdom, as well as in Mali, where an Arbitration Council under section L.219 of the Labour Code should be responsible for the conciliation procedure.

Endnote 57

Section 120 of the Labour Code.

Endnote 58

Under section 183 of the Labour Code, collective labour disputes must be referred to a joint council tasked with seeking conciliation between the parties, failing which the dispute is referred to the competent jurisdiction.

Endnote 59

Labour Relations Amendment Act, 2002 (No. 17 of 2002).

Endnote 60

For example, Belgium, Italy, Kuwait, Saudi Arabia, Spain and the United Arab Emirates.

Endnote 61

ILO: Labour inspection in agriculture, Report V(2), ILC, 52nd Session, Geneva, 1968. This view was particularly clearly expressed, for example, by the Governments of Canada, Greece, Mauritania, New Zealand, Switzerland, United Republic of Tanzania and the United Kingdom. No views were expressed suggesting that workers be excluded on account of their irregular status.

Endnote 62

For example, in Belgium, France, Italy, Luxembourg, Portugal and Spain.

Endnote 63

For example, in Austria.

Endnote 64

This is the case, for example, in El Salvador, Ghana, Honduras, Niger, Paraguay and the Bolivarian Republic of Venezuela.

Endnote 65

The power of supervision of trade union activities entrusted to labour inspectors by section 41 of Legislative Decree No. 2351 of 1965 was abolished by section 20 of Act No. 584 of 13 June 2000 repealing and amending certain provisions of the Labour Code.

Endnote 66

Under section 614(V) of Decree No. 189 of 15 July 1959, as amended up to 1999, on the Labour Code.

Endnote 67

Section 18 of the Presidential Decree of 24 May 1939 to promulgate the General Labour Act.

Endnote 68

Section 229 of the Labour Code.

Endnote 69

Section 22(f) of Decree No. 682.

Endnote 70

Under section 102(3) of the Labour Act, 2003.

Endnote 71

Section 9(12) of Decree No. 3286 of 4 March 1964.