Labour Administration Convention, 1978 (No. 150) - Isle of Man

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Labour inspection: Convention No. 81

Articles 10, 14, 16, 20 and 21 of the Convention. Number of labour inspectors and inspection visits. Notification of industrial accidents and cases of occupational disease. Annual report on the work of the inspection services. The Committee notes the statistical information provided by the Government, in its report, on the activities performed by the Health and Safety at Work Inspectorate (HSWI) between June 2016 and May 2019, in particular with regard to the number of labour inspectors (three inspectors employed in 2019) and inspection visits (1,054 visits carried out from 2016 to 2019), premises covered by the HSWI (more than 3,000 in 2019) as well as the number of accidents, diseases and dangerous occurrences at workplaces. The Committee also takes note of the registers of enforcement notices issued, which are available at the Government’s website and include information on improvement notices (four in 2016, three in 2017, two in 2018 and four in 2019) and prohibition notices (seven in 2016, eight in 2017, five in 2018 and two in 2019). The Committee requests the Government to continue to provide information on the activities of the HSWI. Noting the Government’s indication that Environmental Health Officers perform inspections in lower risk premises, it further requests the Government to provide information on the inspection powers and activities of these Officers. It also requests the Government to indicate whether annual reports on the work of the inspection services are published in accordance with Article 20(2) of the Convention and, if so, whether they address the subjects specified in Article 21 of the Convention.

Labour administration: Convention No. 150

Article 4 of the Convention. Organization of the system of labour administration and coordination of its functions and responsibilities. With regard to its previous comments on the organization of the labour administration system, the Committee notes that the Government indicates in its report that further restructuring took place in relation to labour administration following the adoption of the Transfer of Functions (Economic Development and Education) Order of 2017. It notes that under this Order, the Department of Economic Development was renamed the Department for Enterprise and that certain functions were transferred from the former Department of Economic Development to other government departments. Functions relating to apprenticeships, vocational training and career services were transferred to the Department of Education, Sport and Culture and those related to the job centre and arrangements to support people with disabilities to obtain and retain employment were transferred to the Social Security Division of the Treasury. The Committee also takes note of the organizational charts of bodies comprising the labour administration system both prior to and following the adoption of the Transfer of Functions (Economic Development and Education) Order of 2017, transmitted by the Government. The Committee requests the Government to continue to provide information on the organization, functions and responsibilities of the labour administration system. It also requests the Government to provide further information on the manner in which it ensures that these functions and responsibilities, which are entrusted to different bodies engaged in labour administration, are properly coordinated.

Article 5. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers or their representatives. The Committee notes that, in reply to its previous comments, the Government indicates that the Manx National Economic Development Council has been renamed the Manx National Development Forum (MNDF). The MNDF remains a tripartite body, has the same purpose as its predecessor and meets on a quarterly basis. It takes note of the terms of reference of the MNDF, as updated in 2018, and the minutes of meetings held in 2017 and 2018, which have been transmitted by the Government. Lastly, it takes note of the Government’s indication, in response to the Committee’s previous request, that its Code of Practice on Consultations has been reviewed and is available on its website. The Government indicates that the constituent parties of the MNDF are listed as direct consultees and any member of the MNDF may propose a specific consultation as an item on its agenda for discussion.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 4 of the Convention. Organization of the labour administration system. In its previous comment, the Committee noted that following a restructuration in 2010, many labour administration functions had passed from the former Department of Trade and Industry and other Departments to the Department of Economic Development. The Committee notes from the information provided in the Government’s report that there has been a further restructuring, including: (i) the transfer of occupational safety and health functions from the Department of Infrastructure to the Department of Environment, Food and Agriculture, (ii) the creation of a new Department of Health and Social Care which replaces the previous one, and (iii) the transfer of social security functions including the payment of unemployment benefits to the Treasury. The Committee further notes that, contrary to the indications made by the Government, an organizational chart of the Department of Economic Development has not been attached to the Government’s report. The Committee requests the Government to transmit an organizational chart of the bodies composing the labour administration system in its entirety, including the Department of Economic Development.

Article 5. Consultation, cooperation and negotiation with the most representative organizations of employers and workers. In its previous comments, the Committee noted the correspondence exchanged between the Isle of Man Trade Union Council (MTUC) and the Isle of Man Chief Minister with regard to the functioning of the Manx National Economic Development Council (MNEDC), which is a tripartite body. According to this correspondence, a tripartite discussion ought to take place on the future, role and purpose of the MNEDC). In this regard, the MTUC expressed concern that no meetings had taken place for some considerable time. The Committee notes the information in the Government’s report that draft terms of reference have now been adopted for the reconstituted MNEDC which are attached to the Government’s report. The Committee also notes the Government’s indications that work is undertaken to reconvene this Council. The Committee requests the Government to provide information on the activities of the MNEDC, and to supply a copy of the periodical reports or excerpts of the reports of this body, if available.

The Committee also notes the Government’s indications that the Government Code of Practice on Consultations is presently being reviewed by the Cabinet. The Committee further notes the Government’s indications that upon completion of this review, and at the reconvenement of the MNEDC, it is intended that the MNEDC will be added to the list of bodies to be consulted as soon as practicable. The Committee requests the Government to provide further information on the progress made in revising the Code of Practice on Consultations.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that a restructuring of the Government took place in 2010 and consequently, the labour administration functions of the former Department of Trade and Industry passed to a new larger Department of Economic Development. While noting the Government’s indication that in general, there has been continuity of policy in respect of labour administration, the Committee would be grateful if the Government would provide more detailed information on the impact of the Government restructuring on the effective operation of the labour administration, and transmit an organigram of the new Department of Economic Development.

The Committee takes note of the correspondence exchanged between the Isle of Man Trade Union Council (MTUC) and the Isle of Man Chief Minister with regard to the functioning of the Manx National Economic Development Council (MNEDC). The Committee requests the Government to keep the ILO informed of the functioning and activities of the MNEDC as well as their impact, and to provide a copy of the annual report of this body, if available.

The Committee also notes with interest from the exchange of correspondence between the Government and the MNEDC, that in a letter dated 12 March 2010, the Chief Minister accepted that the MNEDC ought to be included in the list of bodies to be consulted under the Code of Practice on Consultations and that arrangements would be made to update the list accordingly as soon as practicable. The Committee would be grateful if the Government would keep the ILO informed of progress made in revising the Code of Practice on Consultations so as to include the MNEDC in the list of bodies to be consulted.

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

The Committee notes the Government’s report received by the ILO on 25 August 2010, as well as the additional information provided in another report received on 21 September 2009 which refers to a number of observations made by the Isle of Man Trade Union Council (MTUC).

The Government indicates that these observations concern:

–      the frequency of the meetings of the Manx National Economic Development Council (MNEDC);

–      the public sector pensions review;

–      the recent changes in the structure of the Government;

–      the Code of Practice on Consultations; and

–      changes in the Government side of the MNEDC following Government restructuring.

The Committee notes that the Government has not provided a copy of these observations, but indicates that it responded directly to the MTUC.

The Committee would be grateful if the Government would provide a copy of the MTUC’s observations referred to in its report, and information on the content of its responses to these observations. The Committee will examine them together with the Government’s report at its next session.

[The Government is asked to reply in detail to these comments in 2011.]