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Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Labour Inspection Convention, 1947 (No. 81) - Malaysia (Ratification: 1963)

Other comments on C081

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Articles 20 and 21 of the Convention. Annual report on the work of the inspection services. The Committee notes the Government’s report which contains detailed statistical information on labour inspections and inspections on occupational safety and health, with respect to Peninsular Malaysia, Sabah and Sarawak. It notes with interest that the information provided corresponds to the requirements under Article 21 of the Convention. The Committee also notes the Government’s indication that each one of the 11 agencies under the auspices of the Ministry of Human Resources (MOHR) produces its own annual report, and that the statistics reflecting common data are available on the MOHR’s web site. The Committee wishes to indicate that these data must be published as an integral part of an annual report on the work of the inspection services (Article 20(1)) within a reasonable time after the end of the year and in any case within 12 months (Article 20(2)). In this connection, the Committee recalls its General Observation of 2009, in which the Committee referred to the use of statistical data both at the international and national levels, indicating that at the national level, such data would allow assessment of the rate of coverage by labour inspection services in relation to their scope, as defined in national legislation. Such assessment could then be used for the determination of the appropriate number of labour inspectors and the necessary material resources for the discharge of their functions (Articles 10, 11 and 16), or for the provision of training (Article 7). With these factors identified, an appropriate budget to meet the justified and quantified needs of labour inspection could then be allocated, according to the national financial possibilities. At the international level, these data would allow for an assessment of the implementation of the Convention in practice (Article 20(3)). Accordingly, the Committee requests the Government to take all necessary measures with a view to compiling and publishing an annual report of the labour inspection services, containing such data as contained in the Government’s report, and to send a copy to the Office, as required under Articles 20 and 21 of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

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