Labor Inspection What it is what it does

Labor InspectionWhat 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.

What is labour inspection? Discuss within your working groups what you think labour inspection is and come up with a definition.

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

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?

ILO Conventions 141 49

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?

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?

What principles guide Labour inspection? • Public Service • Accountability • Efficiency and Effectiveness • Universality • Transparency • Consistency and coherence • Proportionality • Equality • Cooperation • Collaboration

The powers of labour inspectors • Free entry • Free investigation • Injunction

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

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

The powers of labour inspectors: Injunction • What are powers of Injunction? • Why do you think inspectors are empowered with this authority?

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

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.

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.

Obligations of labour inspectors • Integrity, Independence and Impartiality • Professional secrecy • Confidentiality regarding the source of complaint • Professionalism and Competency

Are sanctions important to ensure compliance? ROLE PLAY Different actors…different perspectives? • Employers • Workers • Government • Consumers / general public

Similarities and differences • Structure • Issues they oversee • Organization • Resources • Recruitment • …

Structure: Central authority Moldova Ministry of Economy

Structure: Central authority Montenegro Ministry of Health, Labour and SW

Minister Secretary Department of Transport Management Employment Promotion, Adm. Transport Mgt. Division Policy Planning and Labour Relations Division Department of Labour and Employment Promotion Vocational and Skill Dev. Training Directorate Occupational, Safety and Health Project Foreign Empl., Monitoring and Inspection Section Technical Support and Management Section Labour Offices (10) Vocational Training Centers (11) Act, Law Consultation Section Policy Planning, and Programme Coordination Section Administration and Transport Management Section Labour Relations and Child Labour Elimination Section Financial and Administrative Section Research, Information Mgt.., Monitoring and Evaluation Section Structure: Central authority Nepal: Ministry of Labour and Transport Management

Structure: Central authority Costa Rica Ministry of Labour and Social Security

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.

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

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.

Are there differences? Between Labour inspection and … 1. Administration on Social Justice 2. Technical Inspection 3. Social Auditing

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?

Trust building What can be done to encourage workers to present complaints to labour inspectors and to collaborate with them during inspection visits?

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?

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.

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?

Thank you for your participation Workshops for workers Helena Pérez Consutant Labour Administration and Inspection Programme LAB/ADMIN http://www.ilo.org/labadmin

Labor Inspection What it is what it does