Labour Administration and Inspection

1. Labour Administrationand Inspection

2. Basis in ILO Constitution • General principles under article 427, ninth point, of Part XIII of the Treaty of Versailles: "Each State should make provision for a system of inspection, in which women will take part, in order to ensure the enforcement of laws and regulations for the protection of the employed".

3. Constitution, art. 10 (2)(b): The Office shall “accord to governments at their request all appropriate assistance within its power in connection with the framing of laws and regulations on the basis of the decisions of the Conference and the improvement of administrative practices and systems of inspection.”

4. Major standards • Labour Inspection Convention, 1947 (No. 81) • Protocol of 1995 to the Labour Inspection Convention, 1947 • Labour Inspection (Agriculture) Convention, 1969 (No. 129) • Labour Administration Convention, 1978 (No. 150) • Labour Statistics Convention, 1985 (No. 160)

5. 2008 Declaration on FairGlobalization Methods of implementation: B. Members have a key responsibility to contribute, through their social and economic policy, to the realization of a global and integrated strategy for the implementation of the strategic objectives, which encompass the Decent Work Agenda … To that end, they may consider, among other steps:

6. (iii) the review of their situation as regards the ratification or implementation of ILO instruments with a view to achieving a progressively increasing coverage of each of the strategic objectives, with special emphasis on the instruments classified as core labour standards as well as those regarded as most significant from the viewpoint of governance covering tripartism, employment policy and labour inspection;

7. From GB paperJune 2010 4. The current economic crisis has created multiple challenges for national systems of labour administration. The primary challenge has been the rapid increase in responsibilities entrusted to labour ministries and their agencies. The deteriorating economic conditions and resulting social disruption has led a majority of countries to adopt rescue programmes that represent a significant increase in traditional areas of labour policy, such as employment, training, and social security, protection of vulnerable groups and the enforcement of labour laws.

8. 5. Labour administrations are also facing consequences of past decisions. In many cases, the institutional capacity of labour administrations was weakened through reduced staff and financial resources following structural adjustment policies and other austerity measures. The political importance of labour ministries suffered as did their voice in policy debates and their influence on budgetary allocations. As a result, in some countries labour administrations even lost their capacity to deliver traditional services. The growth of the informal economy and the undermining of traditional employment also narrowed the scope of action of labour administration. ...

9. ... Moreover, the apparent discrepancy between growing needs and reduced resources is likely to worsen in the near future because of significant fiscal consolidation, which is being carried out today in many parts of the world. As the crisis has reduced the amount of resources available to all state administrations, the prioritization of choices will be of utmost importance.

10. Conference discussion 2011 came to no very different conclusions, but called for increased attention to lab admin, greater resources, more prominent role. • Resolution 2011: 2. Effective labour administration systems, public employment services and labour inspection, are vital for good governance of labour matters and for economic and social progress. These systems can make decent work a reality in the workplace by enforcing labour standards and improving working and employment conditions, thus increasing accountability, occupational safety and health, competitiveness and productivity with social equity. At the same time, labour administration systems can help stimulate economic growth by developing and implementing economic and social policies designed to produce higher employment rates, social cohesion and decent work.

11. 6. The current weaknesses of labour administrations in many countries prevent ministries of labour from delivering adequate services to their citizens or meaningfully influencing policy-making processes. It is important to strengthen and increase the leadership role of ministries of labour in these countries in the coordination and development of employment and labour market policies and national development plans. Consultation with workers’ and employers’ organizations is essential. • 7. The lack of resources constitutes a major obstacle to effective labour administration in many countries. In countries where available resources are at critically low levels, a substantial and sustained increase of resources is necessary. In these countries, as in all countries, the focus should be on developing and retaining skilled human resources, since no labour administration can work without specifically dedicated staff who are qualified and adequately trained and equipped.

12. C150: Labour Administration, 1978 Functions: Article 4 • Each Member which ratifies this Convention shall, in a manner appropriate to national conditions, ensure the organisation and effective operation in its territory of a system of labour administration, the functions and responsibilities of which are properly co-ordinated.

13. Article 6 • 1. The competent bodies within the system of labour administration shall, as appropriate, be responsible for or contribute to the preparation, administration, co-ordination, checking and review of national labour policy, and be the instrument within the ambit of public administration for the preparation and implementation of laws and regulations giving effect thereto.

14. Art. 6 (2). In particular, these bodies, … shall-- • (a) participate in the preparation, administration, co-ordination, checking and review of national employment policy, …; • (b) study and keep under review the situation of employed, unemployed and underemployed persons, … draw attention to defects and abuses in such conditions and terms and submit proposals on means to overcome them; • (c) make their services available to employers and workers, and their respective organisations, …, with a view to the promotion …of effective consultation and co-operation between public authorities and bodies and employers' and workers' organisations, as well as between such organisations; • (d) make technical advice available to employers and workers and their respective organisations on their request.

15. Recommendation No. 158 Art. 1(b): the term system of labour administration covers all public administration bodies responsible for and/or engaged in labour administration--whether they are ministerial departments or public agencies, including parastatal and regional or local agencies or any other form of decentralised administration --and any institutional framework for the co-ordination of the activities of such bodies and for consultation with and participation by employers and workers and their organisations.

16. R. 158: II. Functions of the National System of Labour Administration 5. Labour Standards: take an active part in the preparation, development, adoption, application and review of labour standards, including relevant laws and regulations. 6. The system of labour administration should include a system of labour inspection. 7. … participate in the determination and application of such measures as may be necessary to ensure the free exercise of employers' and workers' right of association.

17. 11. …responsible for or participate in the preparation, administration, co-ordination, checking and review of national employment policy. 13. … co-ordinate, or participate in the co-ordination of, employment services, employment promotion and creation programmes, vocational guidance and vocational training programmes and unemployment benefit schemes, and they should co-ordinate, or participate in the co-ordination of, these various services, programmes and schemes with the implementation of general employment policy measures. 18. … should carry out research as one of its important functions and encourage research by others.

18. Labour Inspection • Standards adopted at first Conference • Scheduled update for 1940 – eventually basic C81 adopted in 1947 • Cs 81 and 129 ‘priority’ instruments, singled out for promotion in Social Justice Declaration. • Protocol to expand scope of C81 in 1995, but not very successful

19. ILC 2011 Resolution: • 12. As a main labour administration component, labour inspection is a public function and is at the core of effective labour law with wide powers and functions, including enforcement and sanctions that should be sufficiently dissuasive to deter violations of labour legislation while also providing corrective, developmental and technical advice, guidance, prevention tools and promoting workplace best practices. These functions should be regulated and balanced as part of a comprehensive compliance strategy in order to ensure decent working conditions and a safe working environment.

20. Convention No. 81 - coverage • Applies to industry and commerce – but commerce (Part II) may be excluded (only 18 of 142 have done this) • May exempt mining and transport undertakings or parts of such undertakings … • if “large areas where, by reason of the sparseness of the population or the stage of development of the area, the competent authority considers it impracticable to enforce the provisions of this Convention, … may exempt such areas from the application of this Convention either generally or with such exceptions in respect of particular undertakings or occupations as it thinks fit.”

21. Protocol of 1995 wouldextendcoverage: Article 1 1. Each Member which ratifies this Protocol shall extend the application of the provisions of the Labour Inspection Convention, 1947 (hereunder referred to as "the Convention" ), to activities in the non-commercial services sector. 2. The term "activities in the non-commercial services sector" refers to activities in all categories of workplaces that are not considered as industrial or commercial for the purposes of the Convention. 3. This Protocol applies to all workplaces that do not already fall within the scope of the Convention. (so far ratified by 11 countries)

22. Exclusion by legal provisions - from General Survey: • 23. Other limitations on the scope of labour inspection are based on various criteria relating to the scope of the labour legislation such as size, turnover or number of employees of the enterprise. As a result, the conditions of work of a varying substantial proportion of a country's workforce, scattered over a wide range of industrial and commercial activities, are excluded from any system of monitoring. Accordingly, some do not benefit from any technical advice or information from labour inspectors which would enable improvements to be made.

23. Art. 3: Functions of Inspection • (a) to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, such as provisions relating to hours, wages, safety, health and welfare, the employment of children and young persons, and other connected matters, in so far as such provisions are enforceable by labour inspectors; • (b) to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions; • (c) to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

24. 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; and • (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 …

25. (powers) • and in particular-- • (i) to interrogate … 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 …, in order to see that they are in conformity with the legal provisions, 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 … • 2. On the occasion of an inspection visit, inspectors shall notify the employer or his representative of their presence, unless they consider that such a notification may be prejudicial to the performance of their duties.

26. (powers – Art. 13) • 1. … empowered to take steps … to remedy 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. … shall be empowered … 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. • 3. Where the procedure prescribed in paragraph 2 is not compatible with the administrative or judicial practice of the Member, inspectors shall have the right to apply to the competent authority for the issue of orders or for the initiation of measures with immediate executory force.

27. Qualifications • Article 6: …composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. • Article 9: …duly qualified technical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, are associated in the work of inspection

28. Article 10 The number of labour inspectors shall be sufficient to secure the effective discharge of the duties of the inspectorate and shall be determined with due regard for: (a) the importance of the duties which inspectors have to perform, in particular-- (i) the number, nature, size and situation of the workplaces liable to inspection; (ii) the number and classes of workers employed in such workplaces; and (iii) the number and complexity of the legal provisions to be enforced; (b) the material means placed at the disposal of the inspectors; and (c) the practical conditions under which visits of inspection must be carried out in order to be effective.

29. Convention No. 129 - Agriculture • Substantially the same as C81, except for coverage • Art. 4: shall apply to agricultural undertakings in which work employees or apprentices, however they may be remunerated and whatever the type, form or duration of their contract. • Art. 5: May also cover: • (a) tenants who do not engage outside help, sharecroppers and similar …; • (b) persons participating in a collective economic enterprise, such as members of a co-operative; • (c) members of the family of the operator of the undertaking, as defined by national laws or regulations. Important possible extension into the informal economy

30. Publication of reports Article 20 (C81 – same for both) 1. The central inspection authority shall publish an annual general report on the work of the inspection services under its control. 2. Such annual reports shall be published within a reasonable time after the end of the year to which they relate and in any case within twelve months. 3. Copies of the annual reports shall be transmitted to the Director-General of the International Labour Office within a reasonable period after their publication and in any case within three months.

31. Labour statistics • Indispensable tool in protecting human rights at work • Learning how to read statistical sources can help understand discrimination, employment rights, wages, etc. • ILO web site: ‘… statistics are needed for the development and evaluation of policies towards this goal and for assessing progress towards decent work. They are also an important tool for information and analysis, helping to increase understanding of common problems, explain actions and mobilize interest.’

32. Statistics help to measure differences, which alerts authorities to anomalies that need to be addressed. • To be valid, statistics need to measure same things over a number of years – absolute totals often less important than movement. • National labour statistics often the most complete picture of economic situation in any country.

33. Average earnings men 1999: 1449 2002: 1823 2006: 2947 Average earnings women 1999: 1398 2002: 1525 2006: 2168 Example: Botswana

34. Average earnings men 1999: 105.65 2002: 117.50 2006: 132.20 Average earnings women 1999: 93.98 2002: 103.70 2006: 117.30 Example: Sweden

35. Botswana statistics tell us that women have always been paid less than men – surprise – but more significantly that while both have higher earnings over an 8-year period, women lost comparative ground to men by a significant margin. • Sweden statistics say that women also consistently lag behind men – but differences are smaller, and women not losing ground. • Examine by economic activity, and even more revealing of areas of comparative advantage by sex. • Does this indicate discrimination? Maybe – but at least gives grounds for further inquiry, and above all indicates that a problem may exist.

36. Must measure to know • If no statistics available, information cannot fuel decision-making. • E.g., France does not collect statistics by race, so leaves it far less able to deal with race-based unemployment, discrimination, etc. • Information on ethnic identity often a problem, as seems to some to indicate internal divisions they do not wish to see. • For some, collecting data on sex workers implies recognizing legitimacy of the occupation. • Until recently, many countries did not collect information on illegal activities – e.g., child labour, forced labour – but ILO helped develop new statistical methods that help address problems.

37. International Conference of Labour Statisticians • Regularly convened by ILO – most recently in 2008 • Sets definitions and guidelines for national statistics offices to follow, to promote consistency and comparability • Last conference, e.g., adopted detailed instructions on measuring child labour and working time.

38. The 19th International Conference of Labour Statisticians has been convened by the Governing Body of the International Labour Office to take place on 2-11 October 2013 in Geneva, Switzerland. The Conference will consider for adoption revised draft standards of labour force and work statistics, including a set of measures of labour underutilization to supplement the unemployment rate. If adopted, the revised statistical standards will update the resolution of statistics of the economically active population, employment, unemployment and underemployment adopted by the 13th ICLS (1982), and related guidelines.

39. ILO Standards • C. 160: 49 ratifications (April 2013) • C. 63 (revised by C. 160): 14 ratifications • But most countries follow these Conventions even when not ratified – a practical necessity. • Other standards also require statistics to be compiled and published – e.g., labour inspection – and report forms for most Conventions ask for any relevant statistical data.

40. C160: Labour Statistics, 1985 • Article 1 • Each Member which ratifies this Convention undertakes that it will regularly collect, compile and publish basic labour statistics, which shall be progressively expanded in accordance with its resources to cover the following subjects: • (a) economically active population, employment, where relevant unemployment, and where possible visible underemployment; • (b) structure and distribution of the economically active population, for detailed analysis and to serve as benchmark data; • (c) average earnings and hours of work (hours actually worked or hours paid for) and, where appropriate, time rates of wages and normal hours of work;

41. (d) wage structure and distribution; • (e) labour cost; • (f) consumer price indices; • (g) household expenditure or, where appropriate, family expenditure and, where possible, household income or, where appropriate, family income; • (h) occupational injuries and, as far as possible, occupational diseases; and • (i) industrial disputes.

42. Article 5 • Each Member which ratifies this Convention undertakes to communicate to the International Labour Office, as soon as practicable, the published statistics compiled in pursuance of the Convention and information concerning their publication …

43. Article 16 • 1. Each Member which ratifies this Convention shall, in pursuance of the general obligations referred to in Part I, accept the obligations of the Convention in respect of one or more of the Articles of Part II. (i.e., more detailed statistical requirements.)