Labor Inspection What it is what it does Workshops for employers June 2012 Helena Pérez Consutant Labour Administration and Inspection Programme LAB/ADMIN

2 What is the ILO? Promote and realize standards, and fundamental principles and rights at work. Create greater opportunities for women and men to secure decent employment. Enhance the coverage and effectiveness of social protection for all. Strengthen tripartism and social dialogue.

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

4 How and where did labour inspection being? How long do you think labour inspection has been around in the world? -1802: Act to preserve the morals of apprentices -1833: First labour Inspectors -1890: Berlin Conference -Treaty of Versailles -1919: ILC -1923: Recommendation No. 20

5 ILO Conventions Convention 81 on Labour Inspection, 1947 Recommendation 81, 1947 Convention 129 on Labour Inspection (Agriculture), 1969 Recommendation 133, 1969 Has your country ratified these two Conventions? What implications does that have?

6 ILO Conventions

7 What is the purpose of the LI How do labour inspection services ensure decent working conditions? –Enforcement of legislation –Advice and information –Preventive measures What do these functions imply? Are these functions complimentary or contradictory?

8 Who receives inspection visits and how often? How often should a company receive an inspection visit? What criteria do you think the labour inspection services use to target inspection visits? Do inspectors only visit workplaces?

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

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

11 The powers of labour inspectors Good practice or bad practice? What should employer do? Why? How will the good practice benefit the compliance?

12 The powers of labour inspectors A labour inspector arrives to the factory gate, shows the guard his credentials and asks to be taken to the manager’s office. The guard phones management’s office and asks the inspector to wait to be attended. Half an hour later a secretary walks into the room and informs the inspector that unfortunately her bosses cannot receive him today as they are overwhelmed with work, and that they would appreciate if he would come at another time that is more convenient for all. She suggests different times with a calendar in hand.

13 The powers of labour inspectors After having an initial meeting with the employer, the labour inspector asks to be provided with a room where she can interview different workers and a list of the personnel with the names, current jobs and seniority. The employer suggests that she can use his office for the interviews and asks to be informed of those workers that she will interview. The employer also asks his subordinate to accompany the labour inspector at all times during her visit.

14 Powers of labour inspectors (a) to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection; (b) to enter by day any premises which they may have reasonable cause to believe to be liable to inspection; Art. 12 C81

15 Powers of labour inspectors (c) to carry out any examination, test or enquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed, and in particular-- –(i) to interrogate, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters concerning the application of the legal provisions; –(ii) to require the production of any books, registers or other documents, and to copy such documents or make extracts from them; –(iii) to enforce the posting of notices required by the legal provisions; –(iv) to take or remove for purposes of analysis samples of materials and substances used or handled. Art. 12 C81

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

17 Powers of labour inspectors 1. Labour inspectors shall be empowered to take steps with a view to remedying defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers. 2. In order to enable inspectors to take such steps they shall be empowered, subject to any right of appeal to a judicial or administrative authority which may be provided by law, to make or to have made orders requiring-- (a) such alterations to the installation or plant, to be carried out within a specified time limit, as may be necessary to secure compliance with the legal provisions relating to the health or safety of the workers; or (b) measures with immediate executory force in the event of imminent danger to the health or safety of the workers. Art. 13 C81

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

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

20 Structure: Central authority Moldova Ministry of Economy

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

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

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

24 What issues do LI services oversee? OSH; wages/salaries; working hours and overtime, holidays and rest periods including sick and maternity leave; fundamental labour rights and anti-discrimination measures; Employment matters; Social security contributions; Employment of children and young persons and other workers with special needs; and Social dialogue and industrial relations issues and monitoring of collective agreements.

25 Old myths new realities Inspectors are repressors. Inspectors are outdated. Inspectors apply the law too literally. Inspectors do not act on the basis of ethical values. Inspectors interpret and apply the law to their convenience. Inspectors impose serious burdens on businesses. There are too many inspectorates and they are not coordinated.

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

27 How can the labour inspection help you? How can the labour inspection help: You as an employer? You as a company? You as an association?

28 How can the labour inspection help you? Any industrial dispute, work-related accident, injury or disease should be seen as a failure in the system of a business organization affecting its financial, personnel, production, maintenance and other subsystems. Labour inspectors act as systems evaluators, advising management on how to ensure overall sustainability.

29 Why is it important to have a strong inspection service? Investment in creating a good working environment an applying OSH regulations is a must for a company that aims at sustainable growth. –Why? Prevention contributes to quality. –Why?

30 What can you do to collaborate with the LI? What measures/actions could you take in order to collaborate with the labour inspection and promote compliance?

31 Moving forward If you wanted to change the perception the members of your organisation and other employers in your country have towards the LI what measures/actions would you plan?

Thank you for your participation Workshops for employers Helena Pérez Consutant Labour Administration and Inspection Programme LAB/ADMIN