2006, Labour Inspection: Chapter VI - Resources of the labour inspectionDescription:(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): 252006G08 Chapter VI Resources of the labour inspection 238. In order to carry out its functions effectively, a labour inspectorate does not only need an adequate number of staff, with appropriate conditions for hiring, training and service; these staff must also be given the necessary resources to perform their tasks and to ensure that their role and the importance of their work is appropriately recognized. In this regard, the labour inspection Conventions provide that it is the responsibility of the competent authority to make the necessary arrangements. 239. Under Article 11 of Convention No. 81 and Article 15 of Convention No. 129, the competent authority shall make the necessary arrangements to furnish labour inspectors with local offices suitably equipped in accordance with the requirements of the service, and accessible to all persons concerned; the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist; and the reimbursement of any travelling and incidental expenses which may be necessary for the performance of their duties. Convention No. 129 adds that the labour inspection offices, accessible in so far as possible to the persons concerned, shall be so located to take account of the geographical situation of the agricultural undertakings and of the means of communication. Recommendation No. 133 recommends in addition that employers in agricultural enterprises should provide the necessary facilities to labour inspectors, including, where appropriate, the use of a room for interviews with persons working in the undertaking. I. Budgetary resources of the labour inspectorate240. Governments provide little information on how the budgetary resources of the labour inspectorate are determined. It does appear, however, that in most countries the labour inspection budget comes under the general budget of the ministerial department responsible for labour, social affairs and related matters. (Endnote_1) The allocation of financial resources to the operation of the labour inspectorate is not always determined in a precise and definitive manner for the budgetary period. In South Africa, they are revised and readjusted as necessary and within the limits of the available resources. In all too many countries, the labour inspectorate does not receive a specific budgetary allocation, which makes the financing of the inspection services precarious. (Endnote_2) 241. In some countries, sums received in the form of fines imposed as a result of violations of the legal provisions enforced by labour inspection are entirely or partly paid back into the labour administration budget. This is the case, for example, in Argentina, where the funds received are used towards improving the labour administration services, (Endnote_3) in Mali, where 60 per cent go to the public revenue department and 40 per cent to the labour administration services; (Endnote_4) and in Saudi Arabia, where they are paid into the Employees' Social Insurance Fund in a special account to finance projects to improve living and working conditions. (Endnote_5) 242. In Chile and Cuba, the resources allocated to the labour inspectorate are separate from those of the labour ministry; their amount is determined on the basis of annual inspection plans. 243. In France, the central labour inspection authority indicates that needs are met and the inspectorate is generally adequately equipped. Priority is given to improving working conditions of inspectors and access by the public. This is reflected in better control over operating costs and the planning of vehicle and equipment maintenance and renewal over several years. II. Conditions of work of labour inspectorsA. Offices 244. Many governments consider that the labour inspectors in their countries have suitably equipped offices as required for the performance of their duties. (Endnote_6) The Committee observes, however, that this is not always the case. In Benin, for example, according to the activity reports of some departmental directorates, the labour inspectorate lacks appropriate offices and suffers from having to share space with other decentralized structures. This is the case in most sub-Saharan African countries, (Endnote_7) such as Mali, where the Government reports the deterioration of offices, inadequate space and poor ventilation; Mauritania, where the Government and the regional labour inspectorates refer to decrepit and poorly maintained offices, lack of water and electricity and even of the necessary resources to pay the rent. (Endnote_8) In some countries the shortage of resources is so severe that inspectors are unable to carry out most of their tasks for lack of writing materials. (Endnote_9) 245. In Latin America, the financial difficulties affecting the labour inspectorates are often mentioned by workers' organizations or associations of labour inspectors. Lack of paper and other stationery items was reported by a trade union confederation in Uruguay (Endnote_10) and a professional association of labour inspectors of Costa Rica. (Endnote_11) Inadequate premises were mentioned in Costa Rica, (Endnote_12) while insufficient computer equipment, telephones, tables and chairs were cited in Brazil, (Endnote_13) Guatemala (Endnote_14) and Peru. (Endnote_15) 246. In Algeria, offices are provided under the responsibility of the regional inspectorate, which is tasked with assessing needs and distributing the available resources in a rational manner. (Endnote_16) Most of the inspectorate's offices are located in independent structures; computer equipment and modern means of communication are available in every office; the offices are refurbished every year, depending on the resources allocated. In the Libyan Arab Jamahiriya, mobile telephones are provided to the labour inspectors of each province. 247. Labour inspectorates need adequate equipment (which has to be stored and maintained) to take samples and carry out measurements in enterprises. To perform analyses that require special technical processes or methods, they need to have access to the services of specialized regional or national laboratories. The Committee has limited information concerning the technical facilities provided to inspectorates. It appears that in industrialized countries the situation is evolving with the development of new technologies and economic activities. However, some deficiencies were noted in Luxembourg during a tripartite audit of the labour inspectorate carried out with ILO technical assistance. (Endnote_17) According to information communicated in an activity report of the medical inspectorate of Belgium in 1999, staff are equipped with instruments for measuring the work environment, such as thermometers, hygrometers, light meters, sound meters and dosimeters, as well as appropriate personal protection equipment. Inspectorate staff use the services of the industrial toxicology laboratory for analysing samples, measuring levels of chemical substances in the workplace atmosphere and identifying hazardous substances, as well as carrying out sophisticated analyses. 248. The central labour inspection authority of Bulgaria and the Government of the Republic of Moldova raised the issue of the lack of resources to provide the equipment necessary for carrying out certain technical inspections. B. Transport facilities and reimbursement of travelling expenses249. The duties of a labour inspector require considerable mobility. The establishments, enterprises and workplaces subject to labour inspection are located in an area that may span thousands of square kilometres. This is why the instruments provide that the competent authority shall make the necessary arrangements to furnish labour inspectors with the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist. 250. The Committee observes that in many countries labour inspectors may use transport specially assigned to them, or they may use public transport or taxis. In addition, the competent authority makes the necessary arrangements to pay a travel allowance for work-related travel or alternatively to reimburse promptly their expenses on accommodation and meals. (Endnote_18) 251. In France, inspectors share a vehicle fleet used by all of the decentralized labour administration services. Where necessary, they are compensated for the use of their personal vehicle for work-related travel in the form of a flat-rate travel allowance, which is regularly updated. In Hong Kong Special Administrative Region, China, the annual reports of the inspectorate show that inspectors are provided with adequate means and facilities to cover a fairly small area. In Algeria, the labour inspectorate has a fleet of 71 vehicles. In Japan, the cost of work-related travel of labour inspectors is covered in the same way as that of any other public servant. 252. In developing countries, a major obstacle preventing labour inspectors from carrying out their tasks is the inadequacy (Endnote_19) or even the absence (Endnote_20) of transportation. Where vehicles are available, their use may be prevented by the lack of resources to pay for petrol (Endnote_21) or carry out maintenance. (Endnote_22) Access to workplaces that are to be inspected could be facilitated by cost-efficient means of transport, including public transport, motorbikes and bicycles, as has been implemented in some countries. 253. To make up for the lack of transportation facilities, most countries have adopted legal provisions for the reimbursement of inspectors' expenses on travel while carrying out their duties. (Endnote_23) The Committee has considered that the possibility of obtaining assistance from employers for this purpose (Endnote_24) is likely to prejudice the impartiality and authority which are necessary to inspectors in their relations with employers and workers, by creating a risk of dependency on employers. It notes with interest the express prohibition of this practice in Colombia. (Endnote_25) 254. Trade union organizations in Brazil, (Endnote_26) Costa Rica, (Endnote_27) Guatemala, (Endnote_28) Paraguay, (Endnote_29) Peru, Uruguay, (Endnote_30) Central African Republic, (Endnote_31) Chad (Endnote_32) and Sri Lanka (Endnote_33) have alleged non-observance of the provisions on reimbursement of travel costs or excessively complicated procedures to obtain it. According to the available information, in some countries there are no arrangements in practice for reimbursing the expenses defrayed by inspectors. (Endnote_34) 255. In agriculture, the availability of transportation is crucial for inspectors to carry out their duties. However, according to the available information, this is chronically lacking in many countries. (Endnote_35)
EndnotesEndnote 1Algeria, Australia, Austria, Botswana, Ethiopia, Gabon, Mali, Mongolia, Nicaragua, Papua New Guinea, Peru, Philippines, South Africa, Trinidad and Tobago and Tunisia. Labour administrations in most English- speaking African countries receive no more than 1 per cent of the national budget (in some cases, the figure is 0.1 per cent). Labour inspections, in turn, receive only a fraction of these resources (W. von Richthofen: Labour inspection – A guide to the profession, ILO, 2002, p. 146). Endnote 2In Mozambique, where no part of the general labour administration budget is specifically allocated to labour inspection, the provincial offices have neither transport nor any other facility for work-related travel of labour inspectors. In Papua New Guinea, the labour inspectorate lacks staff, materials, equipment and means of transportation. In Rwanda, according to the Government, the human, logistical and material resources allocated to the labour inspectorate bear no relation to needs. Endnote 3Section 13 of Appendix II of Act No. 25212 of 23 October 1999, ratifying the Federal Labour Pact. Endnote 4Section A.296(2) of Order No. 1566/MEFPT-SG of 7 October 1996 on the methods of application of certain provisions of the Labour Code. Endnote 5Section 207(2) of the Labour Code. Endnote 6Barbados, Burundi, Cameroon, China (Hong Kong Special Administrative Region), Latvia, Gabon, Mozambique. The Government of Denmark points out that inspectors have 30 square metres of space each, with natural lighting, a computer and suitable furniture; each national office includes a space for receiving the public and several meeting rooms. Endnote 7Côte d'Ivoire, in particular with regard to the premises used by labour inspectors covering agricultural enterprises; Ghana, where in 2003 the Government highlighted the need for renovation to ensure visitors' safety. Endnote 8As there is no budget allocated for the purpose, the inspectorates rely on charity dispensed by the municipality or the wilaya. Endnote 9For example, in the Central African Republic, Guinea and Mali. The General Workers' Union of Cameroon referred in 2004 to the lack in some offices of computer equipment, furniture, stationery and drinking water. Endnote 10The Inter-Trade Union Assembly – Workers' National Convention (PIT-CNT). Endnote 11The National Association of Labour Inspectors (ANIT). Endnote 12By the Rerum Novarum Confederation of Workers and the Staff Association of the Ministry of Labour and Social Security (AFUMITRA). Endnote 13By the Association of Labour Inspectors of Minas Gerais (AAFIT/MG). Endnote 14By the National Federation of Unions of State Employees (FENASTEG). Endnote 15By the trade union of labour inspectors of the Ministry of Labour and Employment Promotion (SIT). Endnote 16Decree No. 90-209 of 14 July 1990 on the organization and functioning of the labour inspectorate. Endnote 17ILO: Audit du système d'inspection du travail du Grand-Duché de Luxembourg, 2002, p. 45. Endnote 18El Salvador, Honduras, Latvia, Republic of Moldova, Spain. Endnote 19The Government of Burundi stated that there is only one vehicle for the entire General Directorate of Labour and Vocational Training of the ministry, which may be used occasionally for inspections. In the Solomon Islands, the inspectorate's entire fleet consists of one vehicle. The Government of Peru stated that the labour inspectorate only has one vehicle for the entire national territory. Endnote 20In Mauritania, according to information contained in the periodical reports of the labour inspectorate, there is no transport available for inspectors to travel for the purposes of their work. Endnote 21In Benin, for example; in Niger; and in Uruguay, according to the Association of Labour Inspectors. Endnote 22In Ghana, for example, according to the annual report of the Department of Factories Inspectorate for 2000. In Burkina Faso, according to the quarterly activity report (second quarter) of a regional inspectorate, the only vehicle available was a bicycle. The lack of transportation appears to be critical in Mozambique, where inspections are only carried out in areas close to provincial capitals. An activity report of the inspectorate of Sao Tome and Principe suggests international cooperation to obtain resources that can be used for maintaining the vehicle fleet. Endnote 23Barbados, Benin, Bolivia, El Salvador, Honduras, Latvia, Republic of Moldova, for example. Endnote 24As is the case in Peru. Endnote 25Circular of 8 August 2000 of the Ministry of Labour and Social Security. Endnote 26The Association of Labour Inspectors of Minas Gerais (AAFIT/MG) described as inadequate the allowances paid to inspectors for long-distance travel, while the Gaucha Association of Labour Inspectors (AGITRA) denounced the obligation in practice for labour inspectors to pay out of their own pockets the expenses defrayed for some activities following a freeze on the allowances payable. Endnote 27The National Association of Labour Inspectors denounced obstacles preventing the payment of travel allowances and failure to reimburse inspectors' expenses. Endnote 28The National Federation of Trade Unions of State Employees (FENASTEG). Endnote 29The Latin American Confederation of Labour Inspectors (CIIT) in a comment concerning the deficiencies of labour inspection systems in the region. Endnote 30The Association of Labour Inspectors of Uruguay and the Trade Union of Labour Inspectors of Peru (SIT) criticized in particular the delays in reimbursing travel expenses. Endnote 31The Christian Confederation of Central African Workers (CCTC) reported the failure to implement measures ordered in 1990 to ensure reimbursement of inspectors' travel expenses. Endnote 32Confederation of Trade Unions of Chad (CST). Endnote 33The Lanka Jathika trade union considers that the amount of travel allowances is inadequate. Endnote 34For example, in Gabon, Mali and Mozambique. In Bolivia, there does not appear to be any legal provision for reimbursing inspectors' travel expenses. Endnote 35In Côte d'Ivoire, for example, where a large proportion of the workforce is employed in industrial plantations, inspectorates have few opportunities to visit them. |
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