Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Dominica

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1983)
Labour Administration Convention, 1978 (No. 150) (Ratification: 2004)

The Committee notes with deep concern that the Government’s reports on Convention No. 81, due since 2014, and on Convention No. 150, due since 2015, have not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Conventions on the basis of the information at its disposal.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Article 3 of the Convention. Functions of labour inspection. The Committee notes that inspectors, as defined under the Labour Standards Act, ensure the enforcement of provisions relating to wages, working hours and employment conditions (section 28(2)), while safety officers, as defined under the Employment Safety Act (section 8) are responsible for the inspection of working conditions that affect occupational safety and health. The Committee requests the Government to indicate through what measures or activities inspectors and safety officers: (i) provide technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions; and (ii) bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions, as required by Article 3(1)(b) and (c) of the Convention.

Articles 4, 6, 7, 8, 10 and 16. Central authority. Number and conditions of service of labour inspection staff. Frequency of inspection visits. The Committee notes that, according to the information available on the official website of the Government, the Division of Labour is now under the Ministry of National Security and Home Affairs. The Committee notes that the Government Directory of officials in the Division of Labour includes the Labour Commissioner, the Deputy Labour Commissioner and labour officers. It is not clear which of these officials perform the functions of inspectors and safety officers, and there is no information on how the inspection activities are performed. The Committee requests the Government to indicate which officials in the Division of Labour perform the functions of inspectors and safety officers. It also requests the Government to provide information on the employment status of the inspectors and safety officers, as well as the recruitment procedures, qualification requirements and trainings available to them. The Committee finally requests the Government to provide information on the frequency of inspection visits carried out by both inspectors and safety officers, with a view to ensuring that all workplaces are inspected as often and as thoroughly as necessary.

Article 11. Necessary equipment and material resources available to labour inspectors. The Committee requests the Government to provide information on the provision of necessary equipment and material resources to inspectors and safety officers for the performance of their duties, including suitably equipped offices, transport facilities and reimbursement of expenses.

Articles 14, 20 and 21. Data collection and reporting. Publication and content of annual report. The Committee observes that there does not seem to be any information regarding the notification of industrial accidents and cases of occupational diseases to the Division of Labour. The Committee further notes that no recent annual reports on inspection services have been published or submitted. The Committee requests the Government to provide information on the arrangements for the notification of industrial accidents and occupational diseases in practice. The Committee also requests the Government to take the necessary measures to ensure that an annual report on the work of the labour inspection services is prepared and published, and that it contains information on all the items listed under Article 21 of the Convention, notably, statistics of inspection visits, violations and penalties imposed, as well as industrial accidents and cases of occupational disease. 

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1 and 4 of the Convention. Organization and operation of the labour administration system. The Committee notes that the Division of Labour is now under the Ministry of National Security and Home Affairs, consisting of a Labour Commissioner, Deputy Labour Commissioner, labour officers, a senior clerk, a senior executive officer and a tribunal officer. The Committee requests the Government to provide information on the functions and responsibilities of each of those positions, and on how those functions and responsibilities are coordinated within the labour administration system.

Articles 5, 6 and 8. Consultations within the system of labour administration. Formulation and monitoring of national labour policy. Participation in the preparation of a national policy concerning international labour affairs. The Committee previously noted that, according to the Government, the Industrial Relations Advisory Committee (IRAC), which is tripartite, is involved in the formulation of the national policy and the preparation of policy concerning international labour affairs, through the submission of draft legislation to Parliament. However, the Committee also recalls that, according to the observations submitted by the Waterfront and Allied Workers Union in 2010 the IRAC was inactive. The Committee also notes that, according to section 7 of the Employment Safety Act, consultative and advisory committees, consisting of the Ministers responsible for planning and health and representatives of employers and workers, may be established to advise on any matters in relation to the administration of the Act, to assist in the establishment of reasonable standards of safety, and to recommend regulations respecting safe employment practices, procedures and techniques. The Committee requests the Government to provide information on the activities carried out by the IRAC, including specifically all activities carried out since 2018, and to provide information on the scope of the IRAC’s proposals, together with any relevant documents on its meetings. It also requests the Government to indicate whether any consultative and advisory committees, as provided for under section 7 of the Employment Safety Act, have been established, and if so, to provide further information on their functioning in practice. Regarding the preparation of policy concerning international labour affairs, the Committee also refers to its comments under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 7. Extension of the functions of the system of labour administration. The Committee notes that, according to the information provided by the Government in its first report, the national labour legislative system does not cover workers who are not employees, and the Division of Labour does not have the mandate to consider this extension. The Committee requests the Government to indicate whether it has any plans to extend the functions of labour administration to include activities relating to the conditions of work and working life of categories of workers who are not, in law, employed persons, as set forth in Article 7(a)–(d) of the Convention.

Article 10. Human resources and material means for the labour administration system. The Committee notes that, according to the information in the Government’s first report, the recruitment of officials in the labour administration falls under the purview of the Public Service Commission and is regulated by the Public Services Act. The Government also indicated that the status of staff of the labour administration and the conditions of services are negotiated between the Establishment, Personnel and Training Department and public personnel unions, such as the Dominica Public Service Union, and reflected in memorandum agreements and general orders. Moreover, specialized technical trainings are available both internally and with external collaboration. The Government further stated that financial resources for the performance of labour administration duties are allocated and budgeted for in the annual estimates of the Government, and are subject to the annual budget change. The Committee requests the Government to provide further information on the recruitment procedure and qualifications required for labour administration personnel. It also requests the Government to provide detailed information on the status and conditions of service of those personnel, including copies of related memorandum agreements and general orders, as well as on the content of initial and in-service trainings. The Committee finally requests the Government to provide information, as far as possible, on the elements taken as a basis to determine the annual budgetary allocation for the material means and financial resources available to the labour administration.