Labor Inspection
What it is what it does
Workshops for workers
June 2012
Helena Pérez
Consutant
Labour Administration and Inspection Programme
LAB/ADMIN
http://www.ilo.org/labadmin
What is the ILO?
• Promote and realize standards, and
fundamental principles and rights at work.
• Create greater opportunities for women and
men to secure decent employment.
• Enhance the coverage and effectiveness of
social protection for all.
• Strengthen tripartism and social dialogue.
2
What is labour inspection?
Discuss within your working groups
what you think labour inspection is
and come up with a definition.
3
How and where did labour inspection
being?
How long do you think labour inspection has been
around in the world?
-
1802: Act to preserve the morals of apprentices
1833: First labour Inspectors
1890: Berlin Conference
Treaty of Versailles
1919: ILC
1923: Recommendation No. 20
4
ILO Conventions
• Convention 81 on Labour Inspection, 1947
• Recommendation 81, 1947
• Convention 129 on Labour Inspection
(Agriculture), 1969
• Recommendation 133, 1969
Has your country ratified these two
Conventions?
What implications does that have?
5
ILO Conventions
Ratification of Fundamental and Priority
Conventions
141
200
49
180
160
140
120
100
80
60
40
20
14
4
C.
12
9
C.
81
C.
12
2
C.
18
2
C.
38
C.
1
11
1
C.
10
0
C.
98
C.
87
C.
10
5
C.
C.
2
9
0
6
What is the purpose of the LI
• How do labour inspection services ensure decent
working conditions?
– Enforcement of legislation
– Advice and information
– Preventive measures
• What do these functions imply?
• Are these functions complimentary or contradictory?
7
Who receives inspection visits and
how often?
• How often should a company receive an
inspection visit?
• What criteria do you think the labour
inspection services use to target inspection
visits?
• Do inspectors only visit workplaces?
8
What principles guide Labour
inspection?
•
•
•
•
•
•
•
•
•
•
Public Service
Accountability
Efficiency and Effectiveness
Universality
Transparency
Consistency and coherence
Proportionality
Equality
Cooperation
Collaboration
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The powers of labour inspectors
• Free entry
• Free investigation
• Injunction
10
Powers of labour inspectors
(a) to enter freely and without previous notice at
any hour of the day or night any workplace
liable to inspection;
(b) to enter by day any premises which they
may have reasonable cause to believe to be
liable to inspection;
Art. 12 C81
11
Powers of labour inspectors
(c) to carry out any examination, test or enquiry which they may consider
necessary in order to satisfy themselves that the legal provisions are
being strictly observed, and in particular-– (i) to interrogate, alone or in the presence of witnesses, the
employer or the staff of the undertaking on any matters concerning
the application of the legal provisions;
– (ii) to require the production of any books, registers or other
documents, and to copy such documents or make extracts from
them;
– (iii) to enforce the posting of notices required by the legal
provisions;
– (iv) to take or remove for purposes of analysis samples of materials
and substances used or handled.
Art. 12 C81
12
The powers of labour inspectors:
Injunction
• What are powers of Injunction?
• Why do you think inspectors are empowered
with this authority?
13
Powers of labour inspectors
1. Labour inspectors shall be empowered to take steps with a view to
remedying defects observed in plant, layout or working methods which
they may have reasonable cause to believe constitute a threat to the
health or safety of the workers.
2. In order to enable inspectors to take such steps they shall be
empowered, subject to any right of appeal to a judicial or administrative
authority which may be provided by law, to make or to have made
orders requiring-(a) such alterations to the installation or plant, to be carried out within a
specified time limit, as may be necessary to secure compliance with the
legal provisions relating to the health or safety of the workers; or
(b) measures with immediate executory force in the event of imminent
danger to the health or safety of the workers.
Art. 13 C81
14
Obligations of labour inspectors
A labour inspector arrives to the workplace and
informs the employer that the Labour Inspectorate
has received a complaint from a worker and that she
has come to act upon it. She informs the employer
that she needs to perform interviews and provides
the names of the workers she wishes to interview.
She is accompanied to the workstations of the
requested workers and she performs the interviews
at their workstation.
15
Obligations of labour inspectors
A labour inspector arrives to the worksite to
perform a routine visit. As lunchtime
approaches, the inspector is seen to walk out
of the worksite with the employer in a very
friendly manner. After lunch the inspector
returns to continue with the inspection, and
as he finishes, the employer provides him
with transportation to assist him to arrive to
the central inspection offices.
16
Obligations of labour inspectors
• Integrity, Independence and Impartiality
• Professional secrecy
• Confidentiality regarding the source of
complaint
• Professionalism and Competency
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Are sanctions important to ensure
compliance?
ROLE PLAY
Different actors…different perspectives?
•
•
•
•
Employers
Workers
Government
Consumers / general public
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Similarities and differences
•
•
•
•
•
•
Structure
Issues they oversee
Organization
Resources
Recruitment
…
19
Structure: Central authority
Moldova Ministry of Economy
20
Structure: Central authority
Montenegro Ministry of Health, Labour and SW
21
Structure: Central authority
Minister
Secretary
Department of
Transport
Management
Employment
Promotion, Adm.
Transport Mgt.
Division
Policy Planning and
Labour Relations
Division
Foreign Empl.,
Monitoring and
Inspection Section
Technical Support
and Management
Section
Act, Law
Consultation
Section
Policy Planning, and
Programme
Coordination Section
Administration and
Transport
Management
Section
Financial and
Administrative
Section
Labour Relations and
Child Labour
Elimination Section
Research,
Information Mgt..,
Monitoring and
Evaluation Section
Department of
Labour and
Employment
Promotion
Labour Offices (10)
Vocational and
Skill Dev.
Training
Directorate
Occupational,
Safety and Health
Project
Vocational Training
Centers (11)
Nepal: Ministry of
Labour and Transport
Management
22
Structure: Central authority
Costa Rica Ministry of Labour and Social Security
23
What issues do LI services oversee?
• OSH;
• wages/salaries;
• working hours and overtime, holidays and rest
periods including sick and maternity leave;
• fundamental labour rights and anti-discrimination
measures;
• Employment matters;
• Social security contributions;
• Employment of children and young persons and other
workers with special needs; and
• Social dialogue and industrial relations issues and
monitoring of collective agreements.
24
Old myths new realities
• Employers are not sanctioned enough
• Labour inspection authorities are understaffed and
weak
• Labour inspectors are in the employer’s pocket
• Inspection visits are not frequent enough
• Workers do not know to which inspector they can
present a claim
25
Old myths new realities
Employers think that…..
•
•
•
•
•
•
•
Inspectors are repressors.
Inspectors are outdated.
Inspectors apply the law too literally.
Inspectors do not act on the basis of ethical values.
Inspectors interpret and apply the law to their convenience.
Inspectors impose serious burdens on businesses.
There are too many inspectorates and they are not coordinated.
26
Are there differences?
1. Administration on
Social Justice
Between
Labour inspection
and …
2. Technical
Inspection
3. Social Auditing
27
How can the labour inspection help
you?
How can the labour inspection help:
You as a worker?
The company you work in?
You as an organisation?
28
Trust building
What can be done to encourage workers to
present complaints to labour inspectors and
to collaborate with them during inspection
visits?
29
What can you do to collaborate with
the LI?
What measures/actions could you take in order
to collaborate with the labour inspection and
promote compliance?
30
Tripartism strengthening LI
A labour inspector arrives to a worksite to
perform an unannounced visit. The
workplace has an operational safety and
health committee, but they are only informed
that a labour inspector has arrived by a
worker after she has been interviewed.
31
Moving forward
If you wanted to change the perception the
members of your organisation and other
workers in your country have towards the LI
what measures/actions would you plan?
32
Thank you
for your participation
Workshops for workers
Helena Pérez
Consutant
Labour Administration and Inspection Programme
LAB/ADMIN
http://www.ilo.org/labadmin