Inspection Trade Unions

8/12/2019 Inspection Trade Unions

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Trade Union Training onOccupational Safety and Health and

HIV and AIDS

Labour Inspection andRole of Trade Unions


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Outline of the Presentation What is labour inspection?

ILO standards concerning labour inspection

Key functions of labour inspection

Principles of labour inspection

Who is a labour inspector?

Powers of labour inspectors

Obligations of labour inspection

Conditions of service of labour inspectors

Criteria for determining the number of labour inspectors required

Material means and practical conditions

Types of labour inspection visits

How do labour inspection services ensure decent working conditions Why are sanctions required to promote compliance

Current challenges in labour inspection

Role of trade unions in labour inspection


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What is Labour Inspection?

The labour inspection is the national

competent authority that ensures that labour

legislation and policies are applied in practice at

the enterprise level.

An efficient labour inspectorate is the surest

guarantee that national and international labour

standards are complied with not only in law but

also in fact.


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ILO Standards concerning Labour

InspectionConventions Recommendations

C. 81 Industry and commerce R.81

C. 110 Plantations R82 (mining & transport)

C. 129 Agriculture R133 (Agriculture)

C. 178 Maritime

Protocol C. 81 (not commercial)

The above-mentioned instruments together with C.122 and C.144constitute the authority of labour inspection systems and play apivotal role in promoting full, productive and freely chosenemployment, building social cohesion through social dialogue, andmaintaining decent conditions of work through a functional labourinspectorate


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Labour Inspection Convention No.

81 The Labour Inspection Convention No. 81 was adopted

by the ILC in 1947.

Has been ratified by 141 member States of the ILO

Convention 81 remains the principal internationalreference for labour inspection services and is asrelevant today as it was 60 years ago.

The provisions of the Convention No. 81 cover:

- The functions, duties and responsibilities of labour inspection

systems;- Requirement for the recruitment of staff;

- Resources for inspectors;

- Powers and obligations of inspectors.


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Key Functions of Labour Inspection

Promote compliance with relevant national legislation

Give advice and information

Enforcement when necessary

A ll these fun ct ions are part icular ly relevant fo r the

inspection of wo rk ing condi t ions.


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Information and Awareness Raising Campaigns

Information campaigns

TV and radio talk shows and other forms of mediacampaigns on the importance of decent workingconditions

Training, in different forms and modalities, can play a

key role for building awareness, knowledge andcompetences for promoting better working conditions.


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Compl iance Ensure compliance with the national labour legislation is

an effective way of achieving decent working conditions.

Ensure revision of national minimum wage on a periodicbasis, in order to protect the lowest paid workers and to

ensure decent standards of living to workers and theirfamilies.

Ensure full compliance with the 8-hour day and 48-hourweek working time, recognizing the right to a certainamount of weekly rest and annual holidays with pay.

Guarantee in law and practice protection of the healthand well-being of the child and prevention ofdiscrimination and dismissal of the mother during hermaternity leave.


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Provide information, guidance and supportto social partners

Organise awareness-raising campaigns

Prevent poor working conditions byidentifying abuses and ensuringcompliance with labour legislation, and

taking enforcement action where needed.


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Which Principles Guide Labour

Inspection? Pubic Service: Labour inspection is a public function

Accountability: Labour inspectors are public officials guaranteedof security of tenure and are accountable for their actions andperformance.

Efficiency & Effectiveness: Priorities are set on the basis ofappropriate criteria to maximise impact

Universality: The aspirations of labour inspection services is toachieve universal coverage.

Transparency: Employers, workers and other stakeholders areinformed of their rights and duties, what is expected of them underthe law, and what they can expect from the labour inspectionservices.


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Consistency & Coherence: In labour inspection matters,inspectors, will treat similar cases in similar ways under similarconditions to achieve similar prevention and compliance ends.Labour inspectors should be provided guidelines for common,coherent and consistent intervention approaches.

Proporsonality: Relating enforcement action to risks.

Equality: Equal protection for all workers in comparable situation isensured with regard to the law.

Cooperation: Inspection staff should cooperate with otherorganisations and bodies.

Collaboration: Inspection staff should collaborate with employersand worker and their organisations at national, sectoral andenterprise levels.


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Who is a Labour Inspector?

Labour inspectors are supervisors, advisors andenforcement agents, with an overall mission of guidanceof improving working conditions and productivity in theworkplace.

The system of labour inspection is backed up by a bodyof specialists to whom the more complex cases arereferred by the generalists

Generalists are inspectors who know something abouteverything

Specialists are experts who know everything aboutsomething


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Powers of Labour Inspectors

Supervision: including its right of free entry to

establishments and the right of free inspection.

Injunction: ordering the enterprise to adopt necessarymeasures to remedy defects in accordance to the labour

legislation.


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Supervision Powers of Labour Inspectors

To enter freely and without previous notice at any hour ofthe day or night any workplace liable to inspection

To enter by day any premises which they may havereasonable cause to believe to be liable to inspection

To carry out any examination, test or enquiry which they

may consider necessary in order to satisfy themselvesthat the legal provisions are being strictly observed, ()


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IN PARTICULAR:

To interrogate the employer or the staff

To require the production of documents, the keeping ofwhich is prescribed by national laws, and to copy suchdocuments

To enforce the posting of notices

To take or remove for purposes of analysis samples ofmaterials and substances used or handled


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Injunction Powers of Labour Inspectors

Make legal orders and require the adoption of measuresneeded to correct the law breach () within a settimeframe

Order the immediate adoption of corrective measures or,the immediate stoppage of working activities

Apply, or propose to the competent authority to start a

procedure to impose sanctions and penalties

Decide in each case to give advice or warning, or startenforcement proceedings


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Obligations of Labour Inspectors

Integrity, independence and impartiality

Professional secrecy

Confidentiality regarding the source of complaint

Professionalism and competency

Discretion


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Conditions of Service of Labour

Inspectors Public officials assured of stability of employment

Recruited with sole regard to their qualifications (womenshall be eligible for appointment to the inspection staff)

Adequately trained and provided with the necessaryinstructions and support for the performance of theirduties

Competent to undertake their responsibilities

Impartial and independent of improper external

influences

Remuneration and career prospects sufficient to attractand retain qualified personnel


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Criteria for Determining the Number

of Labour Inspectors Required The importance of the duties they have to perform, in

particular:

The number, nature, size and situation of theworkplaces liable to inspection

The number and classes of workers employed in suchworkplaces

The number and complexity of the legal provisions tobe enforced

The material means at their disposal

The practical conditions of the visits


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Material Means & Practical Conditions

Proper credentials to allow free access to the workplaces

Properly equipped with suitable offices

Provided with transport facilities and adequatelyreimbursed for any necessary expenses they incur incarrying out their duties

Supported by adequate penalties for violations of legal

provisions enforceable by them and for obstructing themin the performance of their duties

Properly empowered with intervention powers


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Types of Labour Inspection Visits

ROUTINE VISITS

VISITS BY REQUEST

EMERGENCY VISITS


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How Do Labour Inspection Services

Ensure Decent Working Conditions?

The Labour Inspection can achieve decent workingconditions through:

- Enforcement of law, which is traditionallyperceived as control or supervision; and

- Prevention of poor working conditions fromexisting in the first place.

Prevention in the context of labour inspection means a

determined effort to avoid or eliminate the risk ofaccidents and diseases, labour disputes, conflicts, unfairtreatment of workers, etc. by assuring compliance withexisting legislation.


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The preventative role of the labour inspection servicesimplies an increasing emphasis on proactive activitiesnamely:

- Carrying out planned proactive inspection visits toidentify cases of non-compliance and taking

corrective action;

- Assessing plans for new buildings, plant, equipment,processes, etc.;

- Promotion of preventive culture in the enterprisesthemselves among employers and employees.


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Labour inspection services ensure the effectiveapplication of legal provisions through:

- Securing enforcement of laws by verifying how farthey are actually adhered to, by dealing withaccidents, incidents and disputes and enforcing

penalties and sanctions;

- Supplying information and advice and providingrelevant education and training to employers andworkers that are directed towards the future.

- Inspectors give advice about the measures to betaken to:

- Ensure safety;


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- Devising and implementing policies to prevent poorworking conditions from existing and promoting aprevention culture in enterprises.

- Explaining the legal requirement concerning the

payment of wages;

- Indicating where and how medical examinations canbe carried out;

- Demonstrating the importance of limiting work hours;

- Discussing existing or potential problems with theemployer and workers.


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Why are Sanctions Required to Promote

Compliance?

Deterrence is the most important purpose of thesanctions and a key to promote compliance. In additiondeterrence, the other main purposes of sanctions are:

- Punishment: sanctions have value as a means of

securing social justice.- Rehabilitation: sanctions may be used to help

educate offenders, albeit through forceful means, asto what the law requires and the need to comply withit.

- Restoration: restorative justice gives victims thechance to understand the real impact of what theyhave done and to do something to repair the harm(in this case against workers or workers families).


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Current Challenges in Labour Inspection

Changes in the economic situation and social structure

Changes in industrial structure

Changes in the organization of labour and employment

Changes in social and political expectations.

Changes in technology and in the nature of workhazards


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Changes in Economic situation & Social Structure

Economic crises

International migration

Ageing

Change in the gender profiles at work


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Changes in Industrial Structure

Switch from manufacturing to services

Privatisation

Downsizing

concentrating on core activities

contractorization


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Changes in labour organisation

Small Firms growth

Trade Union membership decline.

Changes in the working relationships:

People working remotely

Increased use of contractors/subcontractors. Increase of self-employed workers

Increase of the informal workers


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Changes in working hazards

New and emerging health hazards

Ergonomics

HIV/AIDS

Stress


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Role of Trade Unions in Labour Inspection

Trade unions should negotiate decent working conditionsfor their members.

Disseminate information about collective bargainingagreements to all union members.

Educate shop-floor union leaders about labourlegislation, CBAs, Codes of practice and support theiractions in ensuring members& employerscompliance.

Advocate for the creation of functional bipartite and

tripartite labour inspection committees and playconstructive roles in these bodies.


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Take active part in the formulation of sound labourinspection legislation and policies and monitor andevaluate their implementation

Identify, expose and report abuses of workers working

conditions

Organize awareness raising campaigns throughmultifaceted channels to educate members, employers,public authorities and the population at large about the

importance of improved working conditions and effectivelabour inspection.


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The End!

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Inspection Trade Unions

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