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“Building modern and effective labour inspection systems”“Building modern and effective labour inspection systems”“Building modern and effective labour inspection systems”“Building modern and effective labour inspection systems”

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ITCITCITCITC----ILO Curriculum on “Building modern and effective labour inspection systems”ILO Curriculum on “Building modern and effective labour inspection systems”ILO Curriculum on “Building modern and effective labour inspection systems”ILO Curriculum on “Building modern and effective labour inspection systems”

Copyright © International Labour Organization 2010 First published 2010 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: [email protected]. The International Labour Office welcomes such applications.

Libraries, institutions and other users registered with reproduction rights organizations may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. ILO Cataloguing in Publication Data ITC-ILO curriculum on "building modern and effective labour inspections systems" : module O : introductory module / International Labour Office. - Geneva: ILO, 2010 1 v. ISBN: 9789221243069;9789221243076 (web pdf) International Labour Office labour inspection / methodology / developed countries / developing countries 04.03.5 The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers.

The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them.

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Preface Labour Administration and Labour Inspection have enjoyed an increasingly high profile in recent years, both at the national and international levels. Much of the increased interest has come from governments, as labour administration in a globalized world has become a key factor in the elaboration and implementation of Governments' economic and social policies. The 2008 ILO Declaration on Social Justice for a Fair Globalization reaffirmed the need to "strengthen the ILO's capacity to assist its Members' efforts to reach the ILO objectives in the context of globalization and of promoting social dialogue and tripartism as the most appropriate methods for (among others) making labour law and institutions effective, including in respect of the recognition of the employment relationship, the promotion of good industrial relations and the building of effective labour inspection systems." The International Training Centre of the ILO continues to play a core role in assisting the constituents, especially the labour inspectorates throughout the world to better implement policies and laws. Its training activities are essential for developing skills at the national level which allow better compliance with labour legislation. This involves building the capacities of labour administrations/inspectorates as well as those of workers and employers. This training package on "Building modern and effective labour inspection systems" is the result of a close and practical cooperation between the Labour Administration and Inspection Programme of the ILO (LAB/ADMIN) and the International Training Centre, which believe that the importance of labour inspection in promoting decent work is more and more recognized as a fundamental tool of good governance. International standards for labour inspection have existed for many years. These include the Labour Inspection Convention, 1947 (No. 81) and the Labour inspection (Agriculture) Convention, 1969 (No. 129). Other Conventions include provisions on labour inspection such as the Convention concerning Occupational Safety and Health and the Working Environment, 1981 (No. 155), the Convention concerning the Promotional Framework for Occupational Safety and Health, 2006 (No. 187) and the Convention concerning the Inspection of Seafarers' Working and Living Conditions, 1996 (No. 178) which recognizes the need of labour inspection for mariners. Through the international labour standards framework and with this training module, the ILO aims to strengthen labour inspection systems with a view towards ensuring compliance with labour laws and sound labour inspection policies. Giuseppe Casale Director of the Labour Administration and Inspection Programme (LAB/ADMIN) ILO, Geneva

François Eyraud Executive Director of the ILO Director of the International Training Centre of the ILO

0000. . . . IntroducIntroducIntroducIntroductorytorytorytory ModuleModuleModuleModule

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TABLE OF CONTENTS

1. 1. 1. 1. BackgroundBackgroundBackgroundBackground 5555

2. 2. 2. 2. The curriculumThe curriculumThe curriculumThe curriculum 6666

3. 3. 3. 3. The modular structureThe modular structureThe modular structureThe modular structure 7777

4. Training strategy and target population4. Training strategy and target population4. Training strategy and target population4. Training strategy and target population 8888

5. Packaging5. Packaging5. Packaging5. Packaging 10101010

6. Next steps6. Next steps6. Next steps6. Next steps 10101010

6.1. The feedback workshop .......................................................................... 10

6.2. Revision, translation and adaptation ....................................................... 11

6.4. TOT training: generating a multiplier effect ............................................. 11

7. The modules in a nutshell7. The modules in a nutshell7. The modules in a nutshell7. The modules in a nutshell 11112222

Module 1 ....................................................................................................... 12

Module 2 ........................................................................................................ 14

Module 3 ....................................................................................................... 16

Module 4 ....................................................................................................... 18

Module 5 ....................................................................................................... 20

Module 6 ....................................................................................................... 22

Module 7 ....................................................................................................... 24

Module 8 ....................................................................................................... 26

Module 9 ....................................................................................................... 28

Module 10 ..................................................................................................... 31

Module 11 ..................................................................................................... 33

Module 12 ..................................................................................................... 35


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1. 1. 1. 1. BACKGROUNDBACKGROUNDBACKGROUNDBACKGROUND

In order to implement fundamental rights at work, there is the need for a coherent framework, including a comprehensive employment policy, strong and effective social dialogue which involves the social partners in all the processes, as well as an efficient system of labour inspection that also covers the agricultural sector. It is for this reason that the International Labour Organization has identified four Conventions as priority instruments for good governance, due to the function they play in helping member countries promote and enforce fundamental rights:

� Labour Inspection Convention, 1947 (No. 81)

� Employment Policy Convention, 1964 (No. 122)

� Labour Inspection (Agriculture) Convention, 1969 (No. 129)

� Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)

Two of these four Conventions deal with labour inspection, a key pillar of the labour administration system in charge of the supervision and implementation of labour legislation and labour policy principles in the workplace. The Labour Inspection Convention, 1947 (No. 81) provides useful guidance for designing and monitoring an efficient labour inspection system. According to Article 3(1) of the Convention, the primary functions of the system of labour inspection are:

� To secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. 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.

� To supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions.

� To bring to the attention of the competent authority defects or abuses not specifically covered by existing legal provisions.

In many countries, and in particular developing countries, labour inspectorates lack the resources for coping with the abovementioned tasks. The economic development model largely adopted in the last decades has tended to further reduce its functions, promoting other "softer" systems of compliance and stressing the preventive and awareness-raising function of labour inspection compared to the


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enforcement function. Today, the economic crisis has highlighted the importance of good labour market governance and of a solid normative framework. In this context, labour inspection is again capturing the interest of the international community, and this momentum should be utilized by member states to analyse, redesign and strengthen their systems. For this, they need to strengthen their institutional capacity. The ILO and its Training Centre are supporting member states to face this challenge by providing an overall training curriculum to develop competences of labour inspectorates.

2. 2. 2. 2. THE CURRICULUMTHE CURRICULUMTHE CURRICULUMTHE CURRICULUM

In the framework of the Norway funded project “Enhancing Labour Inspection Effectiveness”, the ITC/ILO in collaboration with the ILO Programme LABADMIN has developed a new curriculum on Labour Inspection. The curriculum is based on a modular training manual which covers a wide range of aspects related to Labour Inspection, from principles, policies and strategies to practical tools and methods for visits.

The first two modules provide a general framework in which labour inspection operates. It starts from the broader System of Labour Administration and follows with the main functions, roles and trends of labour inspection.

1.1.1.1. General Framework; Labour Administration and its key General Framework; Labour Administration and its key General Framework; Labour Administration and its key General Framework; Labour Administration and its key functionsfunctionsfunctionsfunctions

2.2.2.2. Introduction to the Labour InspectionIntroduction to the Labour InspectionIntroduction to the Labour InspectionIntroduction to the Labour Inspection

The following three modules deal with policies and strategies of labour inspection. These modules target policy and decision-makers and provide guidance for developing a vision and mission for their labour inspection system and define patterns for operationalizing them.

3.3.3.3. Policy and procedures Policy and procedures Policy and procedures Policy and procedures

4.4.4.4. Strategies of compliance Strategies of compliance Strategies of compliance Strategies of compliance

5.5.5.5. Cooperation and partnershipCooperation and partnershipCooperation and partnershipCooperation and partnership


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The next four modules deal with the three main areas of labour inspection, namely working conditions, employment relations and occupational safety and health. A specific module addresses vulnerable groups of workers, with particular focus on child labour, human trafficking, forced labour, HIV/AIDS and workers in the informal economy.

6.6.6.6. Inspection of working conditionsInspection of working conditionsInspection of working conditionsInspection of working conditions

7.7.7.7. Inspection of employment relationshipsInspection of employment relationshipsInspection of employment relationshipsInspection of employment relationships

8.8.8.8. Inspection of occupational safety and healthInspection of occupational safety and healthInspection of occupational safety and healthInspection of occupational safety and health

9.9.9.9. Vulnerable GroupsVulnerable GroupsVulnerable GroupsVulnerable Groups

A specific module is devoted to the factory visit, the very heart of labour inspection work. It provides guidance and tools for preparing, conducting, reporting and ensuring follow-up to the visit.

10.10.10.10. Labour Inspection Visit Labour Inspection Visit Labour Inspection Visit Labour Inspection Visit

The last two modules illustrate tools for improving the performance of labour inspectors, with particular emphasis on strengthening their competences.

11.11.11.11. Tools of the labour inspectorateTools of the labour inspectorateTools of the labour inspectorateTools of the labour inspectorate

12.12.12.12. Institutional Capacity Institutional Capacity Institutional Capacity Institutional Capacity DevelopmentDevelopmentDevelopmentDevelopment

3333. . . . THE MODULAR STRUCTURTHE MODULAR STRUCTURTHE MODULAR STRUCTURTHE MODULAR STRUCTUREEEE

Each module includes:

� An overview of the main topics.

� Objectives.

� Table of Contents.

� Content development, including boxes with examples of good practices.


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� Learning activities (individual and group exercises, case studies, discussions, etc.).

� Summary.

� Bibliography and key references (including internet links).

� List of additional readings.

� PowerPoint presentations. The content has been selected and structured by a pool of international experts, building on existing documents and training material - of different nature and with different approaches - developed in the last 10 years by the ILO (departments, offices, and projects), the ITC/Turin and IALI.1

4. 4. 4. 4. TRAINING STRATEGY ANTRAINING STRATEGY ANTRAINING STRATEGY ANTRAINING STRATEGY AND TARGET POPULATION D TARGET POPULATION D TARGET POPULATION D TARGET POPULATION

The purpose of the Curriculum is to equip Labour Inspections with a basic standard comprehensive training material, to be used as a tool and reference to develop their own training curriculum, adapted to the specific context, strategies, priorities and needs of the country.

The curriculum has been conceived for 2 weeks training of trainers, in order to enable them to design their own curricula, adapt the material, integrate it with specific national related issues, etc.

However, the modular structure is very flexible and the modules can be used either in the sequence suggested in the training package, for a two-week workshop; or in shorter workshops (3-5 days), reducing the number of activities, or expanded to more weeks – adding further case studies, activities and more detailed presentations. Individual modules could also be used separately, for specific short events, or packaged in a different tailor-made sequence, according to the objectives, context, target population and time constraints.

This flexible structure could be customized for addressing different target groups:

� Policy and decision makers.

� Managers of Labour Inspectorates.

� Senior Labour Inspectors.

� Newly recruited Labour Inspectors.

� Trainers.

� Monitors.

1 IALI: International Association on Labour Inspection.


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The matrix in the following page suggests the relevance of the different set of modules for the different target groups (dark grey = very relevant; pale grey = relevant; white = not relevant).

SUGGESTED USE OF SUGGESTED USE OF SUGGESTED USE OF SUGGESTED USE OF THE TRAINING PACKAGE ACCORDING THE TRAINING PACKAGE ACCORDING THE TRAINING PACKAGE ACCORDING THE TRAINING PACKAGE ACCORDING TO THE TARGET POPULATIONTO THE TARGET POPULATIONTO THE TARGET POPULATIONTO THE TARGET POPULATION

MODULESMODULESMODULESMODULES

Policy Policy Policy Policy makersmakersmakersmakers

ManagersManagersManagersManagers

TrainersTrainersTrainersTrainers2222

Newly Newly Newly Newly ----recruitedrecruitedrecruitedrecruited

Labour Labour Labour Labour InspectorsInspectorsInspectorsInspectors

SeniorSeniorSeniorSenior

Labour Labour Labour Labour InspectorsInspectorsInspectorsInspectors

1.General Framework; 1.General Framework; 1.General Framework; 1.General Framework; Labour Administration Labour Administration Labour Administration Labour Administration and its key functionsand its key functionsand its key functionsand its key functions

2.Introduction to the2.Introduction to the2.Introduction to the2.Introduction to the Labour InspectionLabour InspectionLabour InspectionLabour Inspection

3.Policy and procedures 3.Policy and procedures 3.Policy and procedures 3.Policy and procedures

4.Strategies of 4.Strategies of 4.Strategies of 4.Strategies of compliance compliance compliance compliance

5.Cooperation and 5.Cooperation and 5.Cooperation and 5.Cooperation and partnershippartnershippartnershippartnership

6.Inspection of working 6.Inspection of working 6.Inspection of working 6.Inspection of working conditionsconditionsconditionsconditions

7.Inspection of 7.Inspection of 7.Inspection of 7.Inspection of employment employment employment employment relationshipsrelationshipsrelationshipsrelationships

8.Inspection of 8.Inspection of 8.Inspection of 8.Inspection of occupational safety aoccupational safety aoccupational safety aoccupational safety and nd nd nd healthhealthhealthhealth

9.9.9.9.Vulnerable groupsVulnerable groupsVulnerable groupsVulnerable groups

10.10.10.10.Labour Inspection Labour Inspection Labour Inspection Labour Inspection Visit Visit Visit Visit

11.Tools of the labour 11.Tools of the labour 11.Tools of the labour 11.Tools of the labour inspectorateinspectorateinspectorateinspectorate

12.Institutional Capacity 12.Institutional Capacity 12.Institutional Capacity 12.Institutional Capacity DevelopmentDevelopmentDevelopmentDevelopment

2 Together with training on the use of the modules and appropriate methodology.


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5. 5. 5. 5. PACKAGINGPACKAGINGPACKAGINGPACKAGING

The training manual has been conceived as a “work-in-progress.”

It is packaged in a ring binder, to give to users the maximum of flexibility for adapting, updating and/or integrating the material with further exercises, examples, case studies and additional documentation.

This simple user-friendly presentation will allow for easy tailor-made duplication; the training manual will be reproduced and packaged in loco, just before its use and the in the number of copies required, avoiding expensive and space-consuming stocking of material, costs of pouching and rigid formats which prevent permanent up-dating.

The material has been designed as a concrete tool for capacity building; upon request, LAB/ADMIN and the ILO/ITC Turin can assist member states in designing capacity-building strategies on labour inspection, including the organization of training programmes for the different target groups identified in the national strategy.

6.6.6.6. NEXT STEPS NEXT STEPS NEXT STEPS NEXT STEPS

6.1. 6.1. 6.1. 6.1. The feedback workshop The feedback workshop The feedback workshop The feedback workshop

An international “feedback” Workshop took place in December 2009, in Madrid, Spain, in collaboration with the School of Labour Inspection and Social Security.

The main purpose of this meeting-workshop was to benefit from the presence of high level senior experts in Labour Inspection from several countries and continents in order to receive a first-hand feedback on the Curriculum, in particular concerning:

� The proposed learning strategy.

� The suggested target population.

� The coherence of the Curriculum in terms of:

� The consistence of the objectives.

� The structure and its main components (framework, policies, areas, told, challenges and vulnerable populations).

� The relevance of the contents.

� The coherence of the contents in relation to the objectives.

� The relevance of the examples and case studies and the identification of good practices and examples to be added.

� Target population; coherence of the curriculum with the training needs of the target population.


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The experts attending the workshop warmly welcomed the renewed interest of the ILO in the area of labour inspection and the quality and relevance of the global products with regards to the research and training material. They also provided sound technical inputs for the revision and finalization of the content of the training package.

6.2. 6.2. 6.2. 6.2. Revision, Revision, Revision, Revision, translationtranslationtranslationtranslation and adaptationand adaptationand adaptationand adaptation

After the validation exercise, the training package was revised, following the workshop’s suggestions and tested in several training activities organized in several countries and in Turin, at the ITC/ILO.

The curriculum, in English, is a “standard”- “international” training curriculum; a process of adaptation to specific regional- national contexts – including translation, integration of country-specific references and examples, etc. – is needed in order to contextualize the material and make it relevant for the specific situation and training needs.

This process started in 2010, with the translation into Arabic, Spanish, Portuguese and French. Translation and adaptation in national language of selected modules was also done for the European countries involved in the Norwegian-funded project.

6.6.6.6.3333. . . . TOT training:TOT training:TOT training:TOT training: generating a multiplier effect generating a multiplier effect generating a multiplier effect generating a multiplier effect

The training material is conceived in a way to be easily used to organize training courses and sessions. However, in order to be fully familiar with both content and methodology, a set of TOT (Training of Trainers) courses is needed, with the aim of creating a core group of trainers able to replicate and adapt the Curriculum. International training courses for managers and trainers on labour inspection will be organized in ITC/Turin; on this occasion, PowerPoint presentations and electronic versions of the training manual will be distributed to course participants to create a multiplier effect.


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7.7.7.7. THE MODULES IN A NUTTHE MODULES IN A NUTTHE MODULES IN A NUTTHE MODULES IN A NUTSHELLSHELLSHELLSHELL

MODULE 1MODULE 1MODULE 1MODULE 1 The framework of the Labour Administration System

Objectives:Objectives:Objectives:Objectives:

This module illustrates the concept, roles and functions of a Labour Administration System as defined in ILO Convention No. 150 and Recommendation No. 158.

At the end of this module, participants will be able to:

� Describe key roles and functions of Labour Administration making reference to ILO Convention No. 150 and Recommendation No. 158.

� Situate Labour Inspection System in the broader framework of a Labour Administration System....

Table of contents:Table of contents:Table of contents:Table of contents:

1. Introduction 1. Introduction 1. Introduction 1. Introduction

2. Historical Overview 2. Historical Overview 2. Historical Overview 2. Historical Overview

3. The concept of L3. The concept of L3. The concept of L3. The concept of Labour Administration System abour Administration System abour Administration System abour Administration System

4. Key roles and functions of Labour Administration 4. Key roles and functions of Labour Administration 4. Key roles and functions of Labour Administration 4. Key roles and functions of Labour Administration

4.1. Labour Standards

4.2. Industrial Relations

4.3. Employment

4.4. Research

5. New challenges for Labour Administration 5. New challenges for Labour Administration 5. New challenges for Labour Administration 5. New challenges for Labour Administration

5.1. Informal Economy

5.2. Migrant workers

5.3. Employment relationship and undeclared work

5.4. HIV/AIDS

6. Gender mainstreaming in Labour Administration 6. Gender mainstreaming in Labour Administration 6. Gender mainstreaming in Labour Administration 6. Gender mainstreaming in Labour Administration

7. Organization of a national system of Labour Administration 7. Organization of a national system of Labour Administration 7. Organization of a national system of Labour Administration 7. Organization of a national system of Labour Administration

7.1. The central body

7.2. Coordination among ministries

7.3. Coordination with agencies

7.4. Functions delegated to social partners

7.5. Territorial coordination


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8. The importance of qualified human resources 8. The importance of qualified human resources 8. The importance of qualified human resources 8. The importance of qualified human resources

8.1. Training

Summary:Summary:Summary:Summary:

ILO Convention No. 150 and Recommendation No. 158 provide reference for developing available systems of labour administration responsible for all aspects of national labour policy formulation and implementation. Convention No. 150 makes a difference between the concept of labour administration and the concept of system of labour administration. According to Article 1, the term “labour administration” means public administration activities in the field of national labour policy while 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 decentralized administration and any institutional framework for the coordination of the activities of such bodies and for consultation with and participation of employers and workers and their organizations. The four areas in which the system of labour admin is to exercise its functions according to Recommendation No. 158 are the following: labour standards; labour relations; employment; research in labour matters. A key role of labour administration is to prepare, develop, adopt, apply and review labour standards. Labour legislation regulates both individual employment relationships and collective labour relations; protect basic freedom and rights at work and ensure minimum labour standards. Labour administration can play a vital role in facilitating, promoting, supporting and strengthening industrial relations starting by providing a conducive legal framework. In more and more countries labour administration establishes a system for prevention and resolution of labour disputes, setting up voluntary conciliation machinery free of charge and expeditious which assist the parties to find a solution to labour disputes themselves. A key function concerns social dialogue. Labour administration could promote bipartite, tripartite and tripartite plus bodies at different levels (national, sectoral, or on specific issues); it can provide institutional framework and administrative support such as facilities and secretariat and engage in social dialogue in the public sector. Designing, implementing and monitoring employment policies and services are the corner stones of a labour policy. Matching labour supplies and demand is a challenge which needs a reshaping of public employment services (PES) in order to offer efficient services to both job seekers and employers including information services, skills assessments, vocational guidance and counselling, labour marketing information and databases. Research and statistics provide vital input for evidence based labour policy design. Sex disaggregated data collection and gender focused studies contribute to the elaboration of inclusive policies, strategies and programs. In the framework of globalization and economic crisis some challenges become particularly urgent to be addressed, such as: informal economy; migrant workers; employment relationship and undeclared work; HIV /AIDS.


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MODULE 2MODULE 2MODULE 2MODULE 2

An Introduction to the Labour Inspection


This module outlines the historical development of labour inspection and its main principles and functions as laid down in relevant ILO Conventions, as well as some of the differences in the way that labour inspection is organized. The impact of emerging social and labour market changes on labour inspection will be also discussed.


� Briefly describe the historical development of labour inspection and the key international labour standards on the subject.

� Explain the main purpose and functions of labour inspection and how it can be effectively undertaken.

� Describe the status, resources, powers and duties that labour inspectors require to perform their functions effectively.

� Analyse emerging trends in labour and social issues and the challenges that they pose for labour inspection.


1. Labour Inspection: A short history 1. Labour Inspection: A short history 1. Labour Inspection: A short history 1. Labour Inspection: A short history

1.1. Early developments

1.2. International developments

1.3. The Labour Inspection Convention, 1947 (No. 81)

1.4. From 1947 to the present day: Towards broad coverage

1.5. The International Association of Labour Inspection

2. The Labour Inspection System 2. The Labour Inspection System 2. The Labour Inspection System 2. The Labour Inspection System

2.1. Purpose and functions of Labour Inspection

2.2. Scope of Labour Inspection

2.3. Structure and organization of Labour Inspection

2.4. The social function of the Labour Inspection

3. Principles of Labour Inspection 3. Principles of Labour Inspection 3. Principles of Labour Inspection 3. Principles of Labour Inspection

4. Status of Labour Inspectors 4. Status of Labour Inspectors 4. Status of Labour Inspectors 4. Status of Labour Inspectors

4.1. The conditions of service of labour inspectors

4.2. The powers of labour inspectors

4.3. The obligations of labour inspectors

4.4. The attitudinal profile of the labour inspectors

5. Current Challenges in Labour Inspection 5. Current Challenges in Labour Inspection 5. Current Challenges in Labour Inspection 5. Current Challenges in Labour Inspection

5.1. Changes in the economic situation and social structure

5.2. Changes in the industrial structure

5.3. Changes in labour organization


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5.4. Changes in social expectations

5.5. Changes in the nature of work hazards

5.6. Implication of these changes for labour inspectors


The right of workers to decent working conditions is a fundamental human right, one that the International Labour Organization (ILO) has sought to promote ever since its creation in 1919. National governments then have a responsibility to introduce legislation and policies that promote such conditions, in consultation with employers’ and workers’ organizations, and to appoint labour inspection services who will supervise the proper application of such legislation and policies and to promote their compliance. Such services are therefore a very important part of the overall system for ensuring that decent working conditions are actually achieved in practice at the enterprise level.

The principal international labour standard on the subject is the Labour Inspection Convention, 1947 (No. 81), which provides a broad basis for the functions, principles and duties of labour inspection services. That Convention has now been widely ratified and almost every country now provides some form of labour inspection service. Such services are organized differently from country to country and resources allocations also vary markedly, because of different levels of economic development and of political and professional support, different national priorities and so on. Nevertheless the functions of labour inspection services are often broadly similar world-wide, corresponding closely to those laid down in Convention No. 81.

Labour Inspection is thus a public function organized by the State. In practice, the labour inspection services – or ‘labour inspectorates’ – give much information and advice to employers, workers and others, through workplace visits, a function than it vital to the effective working of the organization. Where necessary and frequently as a last resort, inspectors may use their injunction powers and take formal enforcement action in order to achieve compliance with the law.

The legal mandates of inspectorates also vary from one country to another. As explained in more detail in this module, their remit is potentially a vast one and may include such diverse topics as occupational safety and health, welfare, working time and wages, social dialogue, labour relations and illegal employment, discrimination issues, child labour and more recently HIV/AIDS and forced labour.

Labour inspectorates have to perform their duties in a challenging environment including important changes in the economic situation and social structure; in industrial structure; in the organization of labour and employment; in the social and political expectations, and in technology and in the nature of work hazards.


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MODULMODULMODULMODULE 3E 3E 3E 3

Policy and planning of labour inspection


This module mainly addresses three important topics: the Labour inspection policy and the issues that should be included in it, the strategic action planning and the monitoring control, and the evaluation of the performance and impact of the labour inspectorate.

By the end of the module, trainees will be able to:

� Describe the need for the adoption of a labour inspection policy as well as its purpose and contents.

� Examine the main aspects to define the inspection approach and discuss their advantages and disadvantages.

� Describe the importance of the process, as well as the main considerations for good planning of the Labour Inspectorate.

� Explain the role of the monitoring, control and evaluation of the labour inspection in improving its future performance as well as its reporting process.


1. Developing Policy for Labour Inspection 1. Developing Policy for Labour Inspection 1. Developing Policy for Labour Inspection 1. Developing Policy for Labour Inspection

1.1. The wider policy context

1.2. Some principles for effective inspection

1.3. Drafting and adopting the policy

2. Defining the approach 2. Defining the approach 2. Defining the approach 2. Defining the approach

2.1. Issues to be addressed

2.2. Policy formats

2.3. The task of labour inspection

2.4. The ‘sanctions’ and ‘compliance’ approaches

2.5. Information and advice

3. Operational 3. Operational 3. Operational 3. Operational planning planning planning planning

3.1. The importance of planning

3.2. Strategic planning

3.3. Action planning

3.4. Inspection programmes

3.5. Individual work programmes

4. Monitoring, evaluation and reporting 4. Monitoring, evaluation and reporting 4. Monitoring, evaluation and reporting 4. Monitoring, evaluation and reporting

4.1. Monitoring and control of activities

4.2. Evaluation

4.3. Reports of labour inspection activities


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The international labour standards related to labour inspection set a number of principles, functions, rights and duties, as well as legal powers and guide national labour inspectorates on fundamental issues regarding structure and organization. In fact, these issues are common in most of the ILO member States. However, there are many issues on which international guidance cannot be prescriptive and in fact varies from one country to another and is related to issues such as the labour context, level of development, level of resources, priorities, etc. The labour Inspection policy in a specific country should reflect both sources of influence.

Labour Inspection policy provides a reference for both inspector staff and "users" (employers, workers and the general public) on how the Labour Inspectorate will carry out its legal functions. It also ensures transparency in the way that an inspectorate will conduct its operations and relationships with the stakeholders. Internally the main purpose of the Labour Inspection policy is to give clear direction to the organization’s mandate.

Chapters 1 and 2 present the main common characteristics of the labour inspection policies and the main issues on which the policy should provide information and guidance; for example, what is the general approach of the Labour inspectorate in finding a violation; what are the priorities in terms of subject matter; what is the degree of discretion of inspectors? How can inspectorates ensure consistency, fairness, transparency and accountability in their work? Will the Labour inspectorate investigate all serious accidents and complaints?

The planning of the strategy and the activities to be undertaken by the labour inspectorate is also an important exercise, especially for the managerial staff. Strategic planning is a complex exercise that involves an analysis of the national situation and available resources, while making political decisions based on priorities and the broad direction for the future. Action planning will make the strategic planning precise and concrete, defining the specific objectives, targets or outcomes to be reached, detailed activities and appropriate indicators and timeframes, resources involved etc. All these issues are included in Chapter 3

Chapter 4 is addressed towards issues such as the monitoring and control of the progress of the activities planned (how to keep a balance in reaching the planned objectives and targets, and the necessary reaction to new emerging and important issues, etc. Also included is the evaluation of the efficiency, effectiveness and impact as well as the institutional reporting. Impact evaluations are the best way to provide information on the level of achievement of the Labour Inspection mission and the key element for the continuous improvement, and better decision-making in future planning exercises.


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Labour inspection: designing strategies for promoting compliance


Based on the ILO guidance and tools and on some selected best practices of different countries, this module deals with strategies to promote compliance including the requirements and conditions to ensure labour regulations of good quality, and the alternatives to organize an adequate enforcement and sanctions system.

At the end of this module participants will be able to:

� Understand the importance of legislation quality as a key factor in promoting compliance with labour legislation.

� Use methodologies to assess legislation and strategies to maximize the effectiveness of compliance.

� Describe strategies to improve the enforcement of labour legislation.

� Identify the key elements of the sanctions systems and some alternatives modalities for sanctioning.

� Describe the role of social partners and other partner organizations in promoting compliance, especially among hard-to-reach groups of workers.


1. 1. 1. 1. CCCCompliance of the labour regulationsompliance of the labour regulationsompliance of the labour regulationsompliance of the labour regulations

2. Factors influencing regulatory compliance 2. Factors influencing regulatory compliance 2. Factors influencing regulatory compliance 2. Factors influencing regulatory compliance

2.1. Quality of legislation

2.2. Structure of the regulatory system

2.3. Dissemination of information

3. Strategies for enforcement 3. Strategies for enforcement 3. Strategies for enforcement 3. Strategies for enforcement 1111

3.1. Guiding principles for enforcement

3.2. Enforcement approaches

3.3. Enforcement discretion and consistency

3.4. Some initiatives for promoting compliance

4. Sanctions schemes 4. Sanctions schemes 4. Sanctions schemes 4. Sanctions schemes 25252525

4.1. Enforcement measures

4.2. The purpose of sanctions

4.3. Determining the amount of fines

4.4. Injunctions

4.5. Appeal procedures


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SummaSummaSummaSummary:ry:ry:ry: To secure the enforcement of the legal provisions relating to conditions of work and protection of workers, the ILO Conventions provide, inter alia, that the system of labour inspection shall have the task of supplying technical information and advice to employers and workers. While such advice and information can only encourage compliance with legal provisions, it should nonetheless be accompanied by an enforcement mechanism enabling those guilty of violations reported by labour inspectors to be prosecuted. The credibility of any inspectorate depends to a large extent on its ability to advise employers and workers on the most effective means of complying with the legal provisions within its remit. However, it also depends on the existence and implementation of a sufficiently dissuasive enforcement mechanism. For the labour inspectorate, the functions of enforcement and advice are inseparable in practice. In Chapter two are presented the predominant general approaches of enforcement, the balance and modalities of advising and enforcement, the guiding principles for enforcement as well as some complementary strategies to increase the impact of the labour inspectorate in its operations. A necessary and essential complement to ensure the credibility and effectiveness of systems for the protection of workers for violations to be identified by national legislation and for the proceedings instituted or recommended by labour inspectors against employers guilty of violations to be sufficiently dissuasive and to make employers in general aware of the risks they run if they fail to meet their obligations. In order to be credible, it is important for penalties to be defined in proportion to the nature and gravity of the offence. Chapter three deals with sanctions, purpose , procedures and modalities. However, violations may be the result of failure to understand the terms or scope of the applicable laws or regulations. It is then important ensure the good quality of the regulations in terms of their easiness of understand, their enforceability, consistency with other regulations, etc. The wide dissemination of the regulation among the employers as well as any support documents to help employers (and other duty holders) to understand not only “what” but also “how”, should be important elements of the overall strategy that public authorities should adopt to promote the implementation of the regulation. All this issues are addressed in Chapter one.


20 �


Cooperation and partnership


Labour Inspectorates need to work in wider cooperation and partnerships if they are to be effective and maximise their impact. This module examines cooperation and partnerships on labour inspection issues at several levels: between different Government ministries and between inspection services, with social partners and other stakeholders and international partnerships. It considers the role of other bodies and institutions in supporting labour inspection in its different functions and provides an overview of voluntary initiatives to promote compliance with national and international principles and rights at work.


� Appreciate the importance of cooperation and partnership for ensuring impact and efficiency of a labour inspection system.

� Recognize the importance of collaboration within the government.

� Describe different modalities for promoting tripartism and collaboration with social partners at different levels, and promote them.

� Identify other important partners in a labour inspection system.

� Be familiar with the international debate on voluntary compliance in relation to labour inspection.


1. Introduction 1. Introduction 1. Introduction 1. Introduction

2. Cooperation with the social partners 2. Cooperation with the social partners 2. Cooperation with the social partners 2. Cooperation with the social partners

2.1. The strategic framework of Tripartism

2.2. Principles of tripartite cooperation in Labour Inspection

2.3. Cooperation with social partners at macro-policy level Cooperation agreements

2.4. Cooperation with social partners at supra-national level

2.5. Cooperation with social partners at sectoral and local level

2.6. Cooperation with social partners at enterprise level

2.7. Cooperation with employers

2.8. Cooperation with workers

3. Cooperation between inspectorates 3. Cooperation between inspectorates 3. Cooperation between inspectorates 3. Cooperation between inspectorates 22222222

3.1 National cooperation and partnerships

3.2 International cooperation and partnerships

4.4.4.4. Cooperation with other stakeholders Cooperation with other stakeholders Cooperation with other stakeholders Cooperation with other stakeholders 25252525


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4.1. Social security and social insurance institutions

4.2. The police

4.3. Judicial bodies

4.4. Tax authorities and the ministries responsible for the sectors covered by inspection

4.5. National human rights mechanisms

4.6. Immigration authorities

4.7. Social research institutions and universities

4.8. Professional institutions and NGOs

4.9. The Media

5. Voluntary compliance and beyond 5. Voluntary compliance and beyond 5. Voluntary compliance and beyond 5. Voluntary compliance and beyond

5.1. Corporate social responsibility 5.2. Social Audit, monitoring and certification

SSSSummary:ummary:ummary:ummary:

The system-approach of Convention No. 150 on Labour Administration calls for cooperation among Labour Administration Bodies and a wide range of other actors, at national and local level in all its main functions, starting from Labour Inspection. The natural partners of Government in Labour Inspection functions are the Social Partners, namely Workers’ and Employers’ representatives. Tripartism constitutes in fact the framework in which labour inspection should operate if it is to be successful.

This tripartite cooperation can happen at different levels, in a co-ordinated manner: at national level for defining the policy framework for labour inspection; at sectoral level, to give orientation for labour inspection in particular industries; at local level and at enterprise level.

Several countries have adopted legislations requiring joint committees to be created in enterprises above a certain size to deal with matters related to labour inspection, such as working conditions and occupational safety and health.

Cooperation is very important among the different inspection services as well as with other bodies, such as: social security and social insurance institutions, the police, the judicial bodies, tax authorities, national human rights mechanisms, immigration authorities, social research institutions, NGOs and the media.

In the last decade, several functions traditionally belonging to labour inspection, have been covered by several forms of private initiatives such as voluntary self-regulation, and audit systems which provide monitoring and certification for labour standards.

Public-private partnership could be a useful means for promoting workers’ rights, if the framework for this collaboration is well defined and transparent. CSR should be complementary and not alternative to other institutional labour legislation enforcement mechanisms, in primis labour inspection.


22 �


Inspection of working conditions


This Module considers several aspects of working conditions with reference to key ILO Conventions and Recommendations, and also the role of the labour inspectorate. At the end of the Module, special reference is made to some of the particular challenges for labour inspectors in influencing certain groups harder to reach, and how those challenges have been met in practice. By the end of the Module, participants will be able to describe:

� Describe the main issues concerning key working conditions (in particular wages, working time, work organization, discrimination, maternity related matters, violence at work).

� Make reference to key ILO instruments concerning the above mentioned working conditions.

� Discuss various measures that can be taken to improve working conditions.

� Discuss the role of labour inspectors in promoting compliance with relevant national legislation and in promoting good practice on the above issues.


1. Dece1. Dece1. Dece1. Decent working conditions: an overview nt working conditions: an overview nt working conditions: an overview nt working conditions: an overview

1.1. At the core of the ILO

1.2. Recent Trends; from flexibility to flexicurity

2. Wages and incomes 2. Wages and incomes 2. Wages and incomes 2. Wages and incomes

2.1. A global issue

2.2. Minimum wages

2.3. Conditions of wages

2.4. Deductions

2.5. Notification of wages

3. Working time 3. Working time 3. Working time 3. Working time 11111111

3.1. Issues and trends

3.2. Normal working hours and rest breaks

3.3. Overtime

3.4. Night Work

3.5. Living accommodation

3.5. Leave

3.7. Effects of time pressures: fatigue and stress

4. Maternity and family related working conditions 4. Maternity and family related working conditions 4. Maternity and family related working conditions 4. Maternity and family related working conditions 16161616

4.1. Maternity protection

4.2. Reconciling work and family responsibilities


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5. Work Organization 5. Work Organization 5. Work Organization 5. Work Organization 19191919

6. Violence, Sexual Harassment and Mobbing 6. Violence, Sexual Harassment and Mobbing 6. Violence, Sexual Harassment and Mobbing 6. Violence, Sexual Harassment and Mobbing 20202020

7. Inspection o7. Inspection o7. Inspection o7. Inspection of Working Conditions f Working Conditions f Working Conditions f Working Conditions 22222222

7.1 Information and Awareness raising campaigns


A minimum wage should be fixed and periodically revised, in order to protect the lowest paid workers and to ensure decent standards of living to workers and their families. The principle of equal pay for work of equal value should be promoted and applied, and discrimination based on sex, age, religion or ethnicity should be avoided. Workers must be informed about their wages and related details before entering the employment relationship. The second element of working conditions which has a great impact on workers’ life is working time. The first ILO Conventions (1919) dealt with this issue, establishing the eight-hour day and 48-hour week, recognizing the right to a certain amount of weekly rest and annual holiday with pay. Many changes have been made in many national labour legislations with the aim of introducing high degree of flexibility in working time; this should not undermine basic working and living conditions. The determination of normal hours of work, the regulation of overtime, the rest periods and breaks should be clearly defined in the employment relationship. Specific categories of workers (such as women during pregnancy and after giving birth) need to work in particular conditions. Specific measures provided by the ILO Convention on Maternity Protection No. 183 aim at protecting the health and well-being of the child and prevent discrimination and dismissal of the mother during her maternity leave. Measures to balance work and family responsibilities for both men and women are more and more adopted by countries, and can contribute to a more equal share of responsibilities and opportunities. Working conditions can strongly improve or deteriorate according to the type of working organization applied. This is related also to the working time. Increased work intensity, over certain limits, can hardly affect health, well-being and social life of workers with a negative impact on the society as a whole. High workload generates fatigue, which is often cause of injuries and health problems. Time pressure often generates stress, which sometimes can have extreme consequences, such as suicide. Violence at work is also becoming an issue in many countries. Labour inspections plays an important role in: promoting better working conditions, by providing information, guidance and support to social partners, organizing awareness-raising campaign; preventing poor working conditions and risks; identifying abuses and ensuring compliance with labour legislation.


24 �


Inspection of employment relationship


This Module examines some of the issues and trends relating to employment relationships in the world of work today and how this impacts on the role of labour inspection. There are a number of ambiguities and challenges with employment relationship and labour inspectors have to be aware of them and work through them if they are to carry out their tasks effectively.

The Module gives particular attention to the Employment Relationship Recommendation, 2006 (No. 198), which provides guidance to all ILO member States on how they can address the above issues comprehensively.

At the end of this Module, participants will be able to:

� Explain how dependent workers lack labour protection, because of the too narrow scope of legislation, ambiguities in its interpretation or lack of clarity in its application;

� Make reference to Recommendation No. 198 and in particular to the areas in which labour inspection is called to play a role, and explain that role.

� Discuss the situation and trends on employment relationship in their respective countries and their national regulation.


1. Overview 1. Overview 1. Overview 1. Overview

1.1. Background

1.2. Different forms of employment relationships

2. International Instruments 2. International Instruments 2. International Instruments 2. International Instruments

2.1. The Employment Relationship Recommendation, 2006 (No. 198)

3. National policy and legislation 3. National policy and legislation 3. National policy and legislation 3. National policy and legislation

3.1. The need for national policy and legislation

3.2. Policy implementation

3.3. Inclusive approach

3.4. Legislative framework

3.5. Law enforcement

3.6. Information and advice

3.7. Training

4. Determining the existence of an employment relationship 4. Determining the existence of an employment relationship 4. Determining the existence of an employment relationship 4. Determining the existence of an employment relationship

4.1. Definition and identification

4.2. Primacy of facts

4.3. Facilitating proof of employment

5 Monitoring, review and updating 5 Monitoring, review and updating 5 Monitoring, review and updating 5 Monitoring, review and updating

5.1. Rapid changes


� 25

5.2. Tripartite approach in monitoring

5.3. Data and research

6. The role of labour inspection 6. The role of labour inspection 6. The role of labour inspection 6. The role of labour inspection

6.1. A challenging context

6.2. Key functions

6.3. Qualified human resources

6.4. Cooperation 6.4. Cooperation 6.4. Cooperation 6.4. Cooperation


There are rights and entitlements which exist under laws, regulations and collective agreements and which are specific to workers who work within the scope of an employment relationship. The employment relationship is a notion which creates a legal link between a person, called the employee, with another person, called the employer, to whom she or he provides labour or services under certain conditions in return for remuneration. Self-employment and independent work, based on commercial and civil contractual arrangements are by definition beyond the scope of employment relationship. Changes in the structure of the labour market and in the organization of work are leading to changing patterns of work both within and outside the framework of the employment relationship. In some situations, it may be unclear whether the worker is an employee or genuinely self-employed.

Sometimes the employment relationship is a borderline between dependence and independence and the employer can in good faith consider the dependent worker as a self-employed person. Something similar can occur with triangular relationships, especially if the legislation is silent or vague concerning them. And very often the employment relationship is disguised. The disguise can be successful especially if the gap between legislation and reality is very wide, sanctions are not dissuasive enough and labour administration and judiciary are weak. Disguised employment occurs when the employer treats a person who is an employee as other than an employee so as to hide him or her through legal status. False legal employment, false subcontracting, the establishment of pseudo-cooperatives, false provision of services and false company restructure are amongst the most frequent means that are used to disguise employment relationship. An ambiguous employment relationship exists whenever work is performed or services are provided under conditions that give rise to an actual and genuine doubt about the existence of an employment relationship. Labour Inspectors should become experts in distinguishing self-employment from dependent employment and they should be familiar with the main forms of disguise of the employment relationship into a civil contract or a bilateral employment relationship into a false triangular employment relationship. Labour Inspectors should be ready to identify disguised employment relationships during their visits and to alert her or his office of the current practices. In so doing, Labour Inspectors will make effective the application of the law, but also will be making an important contribution toward the preparation or update of the national policy.


26 �


Occupational safety and health


This module is an overview of the main concepts and principles of occupational safety and health (OSH) based in the international labour standards. It also includes the objectives, justification and methodologies for the prevention of occupational accidents and diseases.


� Describe the approaches for accidents causation, OSH prevention and management

� Describe the human and economic impact of accidents and diseases at work and the benefits of promoting OSH.

� Examine the main duties and rights of different stakeholders with respect to promoting OSH and key international labour standards that relate to them.

� Analyse the impact of the changes of the OSH regulations and other initiatives on the labour inspection role.

� Explain the principles for effective OSH management systems and or risk management.


1. Introduction to OSH 1. Introduction to OSH 1. Introduction to OSH 1. Introduction to OSH

1.1. The causes of occupational accidents

1.2. The human and economic impact of occupational accidents and diseases

1.3. Prevention of occupational accidents and diseases

1.4. International labour standards for OSH

2. Promoting compliance with OSH standards 2. Promoting compliance with OSH standards 2. Promoting compliance with OSH standards 2. Promoting compliance with OSH standards 13131313

2.1. Main duties and rights of stakeholders

2.2. Changes in the OSH regulation

2.3. A new approach to labour inspection and OSH

2.4. Initiatives of voluntary compliance

2.5. The ILO Guidelines on OSH Management Systems

2.6. The preventative safety and health culture

3. Risk management 3. Risk management 3. Risk management 3. Risk management 2222

3.1. Hazard and risk

3.2. Hazard identification

3.3. Risk assessment

3.4. Risk prevention and control

3.5. Implementation and monitoring


� 27


Occupational safety and health (OSH) is a subject that touches many different disciplines and approaches. Although there is now more common ground than in the past, there are still differences in understanding the aims of OSH and meaning of OSH concepts, and the principles that should guide its action. This lack of common understanding hinders the establishment of a shared viewpoint and basis for fruitful work on OSH. This Module, in addition to being a learning tool, aims also to serve as a useful reference in this respect and specifically it is one of the purposes of the Chapter one.

The main principles and concepts of OSH are set out in various Conventions and Recommendations adopted by the International Labour Conference as well as other documents of the International Labour Organization (ILO), such as codes of practice, resolutions and guidance documents and most of all, the ILO’s Encyclopaedia of Occupational Health and Safety. The contents of this Module are derived from information embodied primarily in the above-mentioned ILO documentation as well as those from other national and international bodies of recognized competence in the field.

Chapter two is focused in identifying the main rights and duties of the key stakeholders, as well as the modern approaches for the management of the OSH at enterprise level and the role of the inspectors should play in these new approaches.

Chapter three is focused in the explanation of the purposes and the contents of the techniques of hazard identification and risk assessment. Although the responsibility for the implementation these techniques are under the enterprise, inspectors need to know them because they need to verify whether the enterprise is doing it correctly and frequently advice the enterprisers on how to do it.

Chapter four deals with the main principles to guide the decisions on which risk control and prevention measures should be adopted, and how to implement and monitor them and some considerations for analysing the causes of accidents and diseases

This Module cannot hope to cover all the subject areas in the vast field of OSH. It focuses on the key concepts and principles, summarizing them in a form that will be useful for labour inspectors. It will therefore provide just an overview of the importance of preventing occupational accidents and ill-health, and how best to prevent them and also to promote OSH. Further information can be found in the References mentioned at the end of this Module, such as the above-mentioned ILO Encyclopaedia and its glossary of technical terms, as well as other international and national websites.


28 �


Dealing with vulnerable groups of workers


The Module is about the role of labour inspectorates in addressing the needs of vulnerable groups of workers, for whom employment is often precarious, and working conditions often poor. The Module focuses on child labour, forced labour, migrant workers and workers suffering from HIV/AIDS, and how labour inspectors can help to improve working conditions for such groups.


� Describe the characteristics of the above categories of vulnerable workers, including the discrimination that they may face.

� Explain the challenges for labour inspectorates in detecting and protecting such workers.

� Explain how they would meet such challenges in practice and in their own countries.


1. Labour Inspection and Child labour 1. Labour Inspection and Child labour 1. Labour Inspection and Child labour 1. Labour Inspection and Child labour

1.1. The issue

1.2. The scale of the problem

1.3. The “worst forms” of child labour

1.4. Types of employment relationship

1.5. The key international labour standards

1.6. From ratification to enforcement

1.7. Complementary strategies

2. Forced Labour and Human Trafficking 2. Forced Labour and Human Trafficking 2. Forced Labour and Human Trafficking 2. Forced Labour and Human Trafficking 23232323

2.1. The concept of Forced Labour

2.2. Trafficking in persons

2.3. The dimension of the problem

2.4. The role of Labour inspection; a systems approach

2.5. Challenges of Law Enforcement

2.6. Identification of victims and investigation

2.7. Prosecution and penalties

2.8. How to treat victims

2.9. Cooperation and partnership

2.10. Training for labour inspectors

3. Migrant Workers 3. Migrant Workers 3. Migrant Workers 3. Migrant Workers 41414141

3.1 The issues


� 29

3.2 Inspection strategies

3.3 International cooperation

4. Labour Inspection and HIV/AIDS in the workplace 4. Labour Inspection and HIV/AIDS in the workplace 4. Labour Inspection and HIV/AIDS in the workplace 4. Labour Inspection and HIV/AIDS in the workplace 44444444

4.1. The key international labour standards

4.2. Principles of protection

4.3. Role of labour inspectors

4.4 Information and training for labour inspectors


According to ILO estimates, about 250 million children between the age of 5 and 14 are working, mostly in developing countries. Almost half (some 120 million) work full time, every day, all year around. Some (50-60 million) are between 5 and 11 years old.

There is a market demand for child labour since children are generally docile, obedient, are at cheaper rates than adults, and dispensed with easily if labour demands fluctuate.

Children are unprotected, powerless and silent as far as their rights are concerned.

The ILO estimates that as many as 22,000 children are killed at work each year.

There are 4 types of child labour that the international community has declared to be particularly heinous: slavery, sexual exploitation, illicit activities and hazardous work.

The first 3 categories are likely to be illegal and the responsibility primarily of police authorities. Labour Inspectors are going to be particularly concerned with the last category, although as a part of a larger team and more comprehensive approach, they have a role to play with all.

Enforcing child labour laws and improving working condition cannot be made without the labour inspectorate because of its unique mandate to enter establishment where children work.

It is the labour Inspector who is able to reach child labourers in the work place and initiate moves towards meaningful actions.

According to Convention No. 29 forced labour is defined as: “all work or service that is exacted from any person under the menace of any penalty and for which the said person has not offered himself or herself voluntarily”.

Forced labour often occurs as an outcome of trafficking in person (or human trafficking). It involves the movement of a person, usually a cross border, for the purpose of exploitation.

Effective actions against forced labour, including trafficking, requires an integrated approach that blends rigorous law enforcement with prevention and victim assistance measures. Given the complexity of the crime, it may be difficult to assign responsibility to one specific Ministry.


30 �

Forced Labour is usually under the Ministry of Labour whereas Human Trafficking is often under the Ministry of Interior or Foreign Affairs. Policy coordination is therefore of crucial importance.

Labour Inspectors have at their disposal a wide range of investigation methods that other law enforcement authorities may not have. Most importantly, they usually have the power to enter freely at any time of the day or night any workplace liable to inspection without prior notice. Inspectors are required to investigate any complaint concerning labour law violation without revealing the source of the complaint, thus encouraging victims to come forward.

There are 6 overarching indicators proposed by the ILO that can help labour inspectors decide whether a particular situation could fall under forced labour or not: physical violence, including sexual violence; restriction of freedom of movements; threats; debt and other form of bandages; withholding of wages or not payment of wages; retention of identity documents.

Many international labour standards addressed the precarious situation of migrants. Migrant workers, whether national or foreign, and in the latter case whether legal or illegal immigrants, are often especially vulnerable to abuse, exploitation, and violation of labour laws.

A report from the ILO shows that as many as 36 million of the 38 million people leaving with HIV are engaged in some form of productive activity, and at least 26 million workers have the virus. The consequences are felt by families, the public and private sectors, and the national economy. While there is no international labour convention that specifically addresses the issue of HIV/AIDS in the workplace, many instruments exists which cover protection against discrimination as well as prevention and care at the workplace. In particular conventions dealing with discrimination, occupational safety and health, termination of employment, social security and labour inspection.

In 2001 ILO agreed on a code of practice on HIV/AIDS and the world of work. The code establishes 10 main principles for policy development: workplace issue; non-discrimination; gender equality; healthy work environment; social dialogue; non screening for purposes of employment; confidentiality; continuing the employment relationship; prevention; care and support.


� 31


The inspection visit


This module provides guidance on the main issues in which inspectors should make decisions during an inspection visit. This module has been especially planned for the training of newly-appointed inspectors on general guidelines, and on the planning, conduction and follow-up of the inspection visits. The competence of the inspectors in these matters should improve the quality and effectiveness of inspection work, and also enhance the image of professionalism and impartiality of the Labour Inspectorate. At the end of this module, participants will be able to:

� Describe the main principles underlying the carrying out of inspection visits.

� Identify, in a methodological and sequential way, the key factors to take into consideration in the preparation, conduction, and follow-up of an inspection visit.

� Differentiate between the aims of different kinds of inspection visit.

� Describe some examples of how to prepare, conduct and follow up inspection visits.


1. Some basic principles 1. Some basic principles 1. Some basic principles 1. Some basic principles

2. Preparing for the I2. Preparing for the I2. Preparing for the I2. Preparing for the Inspection Visitnspection Visitnspection Visitnspection Visit

2.1. Collecting background information

2.2. Types of inspection visit

2.3. Supporting documentation

2.4. Announced and unannounced visits

2.5. Transport facilities

2.6. Physical safety of inspectors

3. 3. 3. 3. CCCConducting the inspection visitonducting the inspection visitonducting the inspection visitonducting the inspection visit 12121212

3.1. Preliminary contacts and formalities

3.2. The inspection visit: content and format

3.3. The closing meeting

4. Follow4. Follow4. Follow4. Follow----up and reporting up and reporting up and reporting up and reporting 24242424

4.1. Communications with the enterprise

4.2. The inspection report


32 �


One of the great advantages that labour inspectors have is that they can gain direct access to workplaces, through their inspection visits, so they can see working conditions as they truly are. As representatives of their Governments, they therefore have a key role to play in promoting compliance with relevant labour legislation on behalf of their Ministries, advising on and enforcing the law where necessary. Without efficient visits of inspection the law would remain a dead letter and the protection afforded to the workers would be an illusion. The efficiency and quality of the inspection visits depends on as number of factors that should be carefully planned and standardized, and inspectors should be adequately trained.

It is also important to bear in mind that inspection visits provide the main point of contact between the labour inspectorate, employers and workers on a day-to-day basis. While there should be cooperation and collaboration between the inspectorate and its social partners at a national level, such must also exist at the enterprise level, where the confidence that employers and workers have in the inspectorate is “played out” in practice.

Well executed inspection visits requires proper preparation and conduction, requiring to follow a set procedure based in a national inspection policy, as well as the competence of the inspectors in some soft skills as communication, questioning, observation, in which the visit is based. During the visits, inspectors will need the skills of exercising judgment as to how well the law is being complied with and how capable the enterprise is at meetings its obligations on a day-to-day visit (after the inspector has left). Subsequent reporting and follow-up visits are also important aspects to consider so that they build on the benefits gained from earlier visits. It requires some set guidelines and the inspectors’ competences on decision making and reporting.

It is crucial that inspectors are well trained in carrying out inspection visits, so that they have the necessary legal and technical knowledge and also communication skills to be able to carry out the visits to maximum effect. Although detailed inspection procedures will vary from one country to another, there are some broad principles which apply to all inspection visits as well as common approaches to planning and undertaking them, and it is these principles and common approaches that this Module considers, giving some practical examples.

The module could also be a reference to develop a written standardized manual of procedures for the inspection visits adapted to the particular conditions and policy of each country. It would contribute to train inspectors through the entire inspection process and managers controlling and supporting them.


� 33


Tools for the Labour Inspectorate


This module presents the most important resources and tools used in several labour inspectorates to facilitate the work of the labour inspectors and to therefore make the labour inspectorate more efficient. The purpose and usefulness of these tools will be discussed and some modalities and examples will be presented.

At the end of this module participants will be able to:

� Identify the key factors in selecting information and communication technologies that can better fit the needs and possibilities of the labour inspectorate.

� Describe the purposes, modalities, advantages and disadvantages of checklists as a tool for the inspection visits.

� Examine the aims of the supporting policy documents.

� Explain the purpose, methods and usefulness of some selected forms and resources for both the inspectors and the stakeholders.


1. Basic equipment 1. Basic equipment 1. Basic equipment 1. Basic equipment

2. Information Management System2. Information Management System2. Information Management System2. Information Management System

2.1. The need for information

2.2. Information and Communication Technologies (ICT)

2.3. Implementation of the ICT

3. The Labour Inspection Manual 3. The Labour Inspection Manual 3. The Labour Inspection Manual 3. The Labour Inspection Manual 13131313

4. Tools for field labour inspectors 4. Tools for field labour inspectors 4. Tools for field labour inspectors 4. Tools for field labour inspectors 15151515

4.1. Checklists

4.2. Checklists on Occupational Safety and Health

4.3. Other tools for field labour inspectors

5. Forms for stakeholders 5. Forms for stakeholders 5. Forms for stakeholders 5. Forms for stakeholders 19191919


Labour inspectorates need to develop a supporting infrastructure for its operations. Their mission is to ensure that labour regulations are applied in the enterprises and organizations, and workforce rights are ensured and protected. Their most evident need is to know for example, what enterprises should be visited?, where are these enterprises?, how many workers are there?; Are there registers of previous visits?, etc.. In other words, it is necessary to put in place an information system to know the target group. Paper files have been used during years but new


34 �

technologies will provide resources as the electronic databases than are much more efficient in storing, sharing and retrieving information.

Labour inspectorates can also decide to support the work of inspectors in their operations in the enterprises during the visits. There are some tools with this purposes as the checklists that can work as a reminder for the inspector of the issues to be checked, or to help new recruited inspectors, or to ensure standardization and consistency (all inspectors check the same issues), or with the purpose to collect homogeneous information from the enterprises. Other tools could help to make decisions on what is the most adequate response before a violation or a situation.

Some tools could also be reference materials identifying their responsibilities and the behaviours against which the action of inspectors can be judged, as the national labour inspection policy, the labour inspection policy or the codes of conduct for inspectors. Other tools could support the inspectors in their ”paper work” of reporting or record-keeping the inspection visits, or for elaborate violations reports or initiate legal proceedings..

It is quite common that labour regulations include the duty for enterprises of recording information describing working and employment conditions (workers, wages, working time, hazard identification, etc.). There are some issues that should also be notified to the labour authorities as the occupational accidents and diseases. The forms for these recording and notification frequently are standardized in order to ensure that all necessary information is included and easy to check. These resources can therefore help both the duty holders in their obligations to record and report and the inspectors, in their work of inspecting the labour situation of the enterprise.


� 35


Institutional Capacity Building


This module gives an overview of the challenges of a coherent institutional capacity development approach, in coherence with the adopted national policy on labour inspection system.

Emphasis is given to adult learning methods and competency-based approaches in learning.

At the end of this module, which is the last of the training package, participants will be able:

� Review their training system and identify if some improvements are needed.

� Define training profiles.

� Detect training needs.

� Design curricula by applying a system approach.

� Use adult-learning methodologies.

� Communicate better.

� Evaluate training activities.


1. 1. 1. 1. Background: The concept of capacity developmentBackground: The concept of capacity developmentBackground: The concept of capacity developmentBackground: The concept of capacity development

2. 2. 2. 2. The importance of qualified human resourcesThe importance of qualified human resourcesThe importance of qualified human resourcesThe importance of qualified human resources

3. 3. 3. 3. The policy frameworkThe policy frameworkThe policy frameworkThe policy framework

3.1. Defining a Labour Inspection institutional capacity development policy

3.2. Involving the social partners

3.3. Adopting a system approach

4. 4. 4. 4. The situation analysisThe situation analysisThe situation analysisThe situation analysis 1111

4.1. Conditions and constraints

4.2. Target groups

4.3. Training needs analysis

4.4. Strengthening social skills

5. 5. 5. 5. Curriculum design and developmentCurriculum design and developmentCurriculum design and developmentCurriculum design and development 2222

5.1. Define goals and objectives

5.2. Selecting and structuring the content

5.3. Selecting the appropriate learning methods

5.4. Organize the training content and learning methods in units


36 �

5.5. Develop the training outline

5.6. Preparing the training material

6666. . . . EvaluationEvaluationEvaluationEvaluation 29292929

6.1. Design

6.2. Participants’ satisfaction

6.3. Evaluating learning

6.4. Evaluating the transfer and application of learning

6.5. Impact evaluation


In order to be able to perform all the functions mentioned in the modules of this training package, Labour Inspection should be equipped with capable staff, having the appropriate status, competences and behaviours.

Selection and recruitment policies and criteria are the first step for equipping labour inspection with competent staff. But even highly qualified person need further learning exposure in order to be able to cope with the main challenges a labour inspector is facing.

Institutional capacity building need a system approach, articulated in different steps and components: the definition of a clear policy, vision and mission of Labour Inspection: the definition of the different profiles required for the system to be efficient and fully operational; the range of competences (core and specific) required for each profile; the capacity building policy to be adopted; the learning-training modalities; the design of the curricula, including contents and methods for adult learning; feedback, monitoring and evaluation, that will provide inputs for the re-design and fine tuning of the curricula.

Labour inspectors should have a sound technical background in the different areas they are supposed to operate according to the mandate of their labour inspectorate. In addition to that, they should be familiar, as part of their core competence, with all the main communication skills and able to select and use them according to the different specific purposes (sensitise, inform, advice, prevent, interview, investigate, sanctioning, etc.). They should know the policies, procedures, guidelines, checklists and tools of their labour inspectorate and able to use them in their daily work. They should be able to identify problems, detect causes, rapidly take decision on the action to be taken, always being independent of external influences. Their behaviour should reflect their commitment and the key role they are playing as guardians and advocators of workers’ rights. Part of these competences will be assessed at the entry point, in the recruiting step; but large part will be acquired and constantly updated later, through different modalities of learning. Designing a coherent capacity building system, able to provide learning opportunities for all the main players (from the top management until the newly recruited inspectors) is vital for a sustainable and efficient labour inspection system.

Module 0 - Introductory Module€¦ · module, the ILO aims to ... Inspection Effectiveness”, the...

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