Labour Inspection and Enforcement of Labour Legislation

1. ILO Subregional Office for the Caribbean Labour Inspection and Enforcement of Labour Legislation 2nd Meeting of the IACML Working Groups Nassau, Bahamas 17 – 18 April 2013

2. Overview • Labour inspection on the global agenda • ILS and ILO debates • National labour inspection services • Challenges and trends • Possible responses • Summary

3. Labour inspection on the global agenda Since ILO’s inception, frequently until today: 1st Session of the International Labour Conference (1919): Recommendation No. 5, Labour Inspection (Health Services) In several political documents, incl. the ILO Constitution: Declaration of Philadelphia, 1944;Declaration on Social Justice for a Fair Globalization, 2008; Global Jobs Pact, 2009. In more than 20 ILO Resolutions, spanning from 1923 to 2012. International Labour Standards are also used as instruments to guide national and int’l action. Many Conventions and Recommendations make specific reference to labour inspection.

4. ILS and Labour Inspection Two Labour Inspection Conventions are part of the four ILO “Priority Conventions” or “Governance Conventions”, ie:- C. 81 (1947) Labour Inspection Convention (Industry and Commerce), complemented by Protocol (1995) to C. 81 which includes Services - C. 129 (1969) Labour Inspection Convention (Agriculture) The most recent ILS with specific reference to labour inspection are: - Maritime Labour Convention, 2006 - C.187, Promotional Framework for OSH, 2006- R. 198, Employment Relationship, 2006- C. 189, Domestic Workers, 2011

5. ILO debates on labour inspection • Agenda item at the International Labour Conference (June 2006): General Survey on labour inspection • Discussion at the ILO Governing Body (Nov. 2006, ESP Committee): Strategies and practice for labour inspection • Regional Consultation Meeting (Lima, April 2011): Good practices in labour administration and inspection in the Americas • Agenda item at the 100th Session of the ILC (June 2011): Labour administration and labour inspection • Meetings, seminars, workshops at the national level

6. Relevance of labour inspection Quote from employers’ representative: “Effective labour inspection promotes a stable business environment, which in turn is an essential element for competitiveness, economic growth and job creation.” Quote from workers’ representative: “Labour inspection plays a pre-eminent role, not only on the health of workers, but also on the health of the economy.” Quote from Government delegates: “A well-organized labour inspection service with appropriate resources and adequate legal instruments is an important component of economic and social development. It also demonstrates good governance and upholds the rule of law.”

7. An efficient and effective labour inspection system is inevitable to ensure the implementation of the Decent Work concept.

8. National labour inspection services • Almost every country has a labour inspection service. • Differences are in the way that labour inspection is organized. • Most inspectorates combine advice and sanction, but the balance of approach does differ. • The precise mandate of inspectors varies, but the issues and challenges are often very similar. • The ILO Committee of Experts noted repeatedly that labour inspectors’ primary duties are complex, and require time, resources, training and considerable freedom of action and movement.

9. Major challenges and trends worldwide • Lack of resources (personnel, training, equipment, activities) • Growth of informal economy • Increasing labour migration • New forms of employment patterns and empl. relationships • Changing production processes and new technologies • Occupational safety and health, incl. new psychosocial risks • Forced labour • Child labour • Discrimination at the workplace (e.g. gender, HIV/AIDS) • Central coordination, internal collaboration and networking with other public administration branches • In some cases no transparency of decisions / open corruption

10. Possible responses • Lack of resources -> increase resources for concrete purpose - it helps to look for strategic alliances and convincing arguments prior to national budget debate; • Informal economy -> develop strategies how to cover and protect informal workers; -> involve E + W • Labour migration -> inspection of relevant workplaces; -> collaboration with other relevant agencies • New forms of employment -> develop clear priorities and strategies to meet new challenges; -> cooperation with E + W to promote voluntary compliance; -> collaboration with other authorities to detect hidden employment

11. Possible responses (2) • Changing workplaces -> continued and targeted training; -> acquire new skills and greater specialization • OSH -> set priorities in OSH, in line with new hazards, e.g. National OSH Policy • Forced labour -> control PEA and workplaces; -> collaborate with partner country authorities • Child labour -> use ILO Handbook; -> define role of LI; -> make detection of hazardous workplaces routine part of LI; -> exercise Team approach. • Discrimination -> use ILO Handbook

12. Possible responses (3) • Central coordination, networking -> maintain strong reporting system to central authority; -> have viable and uniform reporting forms; -> facilitate exchange of experience among labour inspectors nationwide; -> collaborate (joint visits) with other authorities such as tax inspection, social security; -> collaborate also to simplify procedures for business. • Transparency -> part of general structure in public service / society; -> an ethical and professional code of conduct could help in guiding labour inspectors in challenging situations.

13. Summary Following the Discussion at the ILC 2011, the Committee adopted a Resolution and Conclusions concerning labour administration and labour inspection (see ILO website). A compliance strategy should include the promotion of a prevention culture, and include corrective, developmental and technical advice, guidance, handbooks and promoting workplace best practices. Sufficiently dissuasive sanctions are an indispensable component of any labour inspection system. An appropriate mix of preventive measures combined with sanctions should be adopted.

14. Thank you – Gracias.