Labor Inspection What it is what it does Workshops for employers June 2012 Helena Pérez Consutant...

Labor InspectionWhat it is what it does

Workshops for employersJune 2012

Helena PérezConsutant

Labour Administration and Inspection ProgrammeLAB/ADMIN

http://www.ilo.org/labadmin

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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.

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What is labour inspection?

Discuss within your working groups

what you think labour inspection is

and come up with a definition.

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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

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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?

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ILO Conventions

141

49

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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?

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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?

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What principles guide Labour inspection?

• Public Service• Accountability• Efficiency and Effectiveness• Universality• Transparency • Consistency and coherence• Proportionality• Equality• Cooperation• Collaboration

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Obligations of labour inspectors

• Integrity, Independence and Impartiality• Professional secrecy• Confidentiality regarding the source of

complaint• Professionalism and Competency

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The powers of labour inspectors

• Good practice or bad practice?• What should employer do?• Why?• How will the good practice benefit the

compliance?

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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.

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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.

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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

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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

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The powers of labour inspectors: Injunction

• What are powers of Injunction?• Why do you think inspectors are empowered

with this authority?

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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

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Are sanctions important to ensure compliance?

ROLE PLAY

Different actors…different perspectives?

• Employers• Workers• Government• Consumers / general public

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Similarities and differences

• Structure• Issues they oversee• Organization • Resources• Recruitment• …

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Structure: Central authority

Moldova Ministry of Economy

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Structure: Central authority

Montenegro Ministry of Health, Labour and SW

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Structure: Central authority

MinisterMinister

SecretarySecretary

Department of Transport Management

Department of Transport Management

Employment Promotion, Adm. Transport Mgt. Division

Employment Promotion, Adm. Transport Mgt. Division

Policy Planning and Labour Relations Division

Policy Planning and Labour Relations Division

Department of Labour and Employment Promotion

Department of Labour and Employment Promotion

Vocational and Skill Dev. Training Directorate

Vocational and Skill Dev. Training Directorate

Occupational, Safety and Health Project

Occupational, Safety and Health Project

Vocational Training

Centers (11)

Vocational Training

Centers (11)

Foreign Empl., Monitoring and Inspection Section

Foreign Empl., Monitoring and Inspection SectionAct, Law Consultation Section

Act, Law Consultation Section

Administration and Transport Management Section

Administration and Transport Management Section

Financial and Administrative Section

Financial and Administrative Section

Technical Support and Management Section

Technical Support and Management SectionPolicy Planning, and Programme Coordination Section

Policy Planning, and Programme Coordination SectionLabour Relations and Child Labour Elimination Section

Labour Relations and Child Labour Elimination SectionResearch,Information Mgt.., Monitoring and Evaluation Section

Research,Information Mgt.., Monitoring and Evaluation Section

Labour Offices (10)

Labour Offices (10)

Nepal: Ministry of Labour and Transport Management

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Structure: Central authority

Costa Rica Ministry of Labour and Social Security

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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.

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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.

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Are there differences?

Between

Labour inspection and …

1. Administration on Social Justice

2. Technical Inspection

3. Social Auditing

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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?

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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.

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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?

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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?

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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 PérezConsutant

Labour Administration and Inspection ProgrammeLAB/ADMIN

http://www.ilo.org/labadmin