Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 81) sur l'inspection du travail, 1947 - Algérie (Ratification: 1962)

The Committee notes the observations of the General and Autonomous Confederation of Workers in Algeria (CGATA), received on 9 June 2015. The Committee notes that the CGATA alleges that the new draft Labour Code provides, in general, for a reduction of the supervisory power of the labour inspectorate and in the penalties established for infringements of legal provisions by employers. The Committee requests the Government to provide its observations in this regard.

The Committee notes the information provided by the Government in reply to its previous comments concerning Articles 3(1)(a) (labour inspection concerning child labour), 7 (training of labour inspectors), 10, 11 and 16 (human and material resources of the labour inspectorate and frequency of inspections) and 14 (notification of industrial accidents and cases of occupational disease) of the Convention.

Articles 12 and 18 of the Convention. Obstruction of inspection activities of labour inspectors and penalties for obstruction. The Committee notes, according to the information provided by the Government in its report, that an important number of infraction reports (3,481 in the field of industry and 6,071 in the building, public works and hydraulics sector (BTPH)) in 2014 related to obstruction of inspection activities, including by the creation of obstacles impeding the exercise of their supervisory functions, but also by acts of contempt, pressure and violence committed against labour inspectors. The Committee requests the Government to clarify whether steps have been taken or are envisaged in order to ensure the protection of labour inspectors when performing their supervisory functions and to ensure the effectiveness of inspections when obstruction takes place. It also requests the Government to provide information on the follow-up to infraction reports for obstruction of labour inspectors in conformity with Article 18 of the Convention, and on the penalties imposed for acts of contempt, pressure and violence committed against them.

Articles 5(a) and 21 of the Convention. Cooperation with other government services and public or private institutions. The Committee welcomes the information provided by the Government in its report indicating that a procedure to update the register of workplaces liable to inspection was identified as a priority and was implemented in the first quarter of 2014. This action primarily concerned the register of employers registered within the Old Age, Disability and Survivors’ Fund (CNAS). A first comparison of this register with the one available at the labour inspectorate brought to light a list of enterprises not included in the inspectorate’s register. The Committee requests the Government to continue taking measures to encourage sustained cooperation between the labour inspection services and other government services and public or private institutions possessing relevant data (tax authorities, chambers of industry and commerce, etc.) aimed at improving the register of workplaces liable to labour inspection so that it fulfils its purpose. The Committee requests the Government to provide information on the number of workplaces liable to labour inspection, their geographical distribution and the number of workers employed in them.

Articles 3(1)(b) and 5(a). Cooperation in the area of the prevention of occupational risks. The Committee notes that the Government refers once again in its report to the steps taken by the general inspectorate to improve coordination and collaboration with employers, workers and other state services through instructions aimed at encouraging the dissemination of good practice and the and the provisions of the knowledge necessary for the prevention of occupational risks. While observing that the Government has not replied to the previous request on this subject, the Committee requests it to provide information on the implementation of these instructions.

Articles 20 and 21. Annual inspection report. The Committee notes the information provided by the Government on the number of inspections conducted in 2013, the number of workplaces inspected and the number of workers covered by these inspections, and the number of inspection reports issued in the same year (infringement reports, enforcement notices, written observations, etc.). However, it notes that no inspection report, as prescribed by Article 21, has been communicated to the Office. The Committee therefore requests the Government to take the necessary measures to ensure that the central inspection authority publishes an annual report on the work of the inspection services placed under its control, containing information on the matters covered in Article 21(a)–(g) of the Convention, and to forward this report to the Office in the form and within the time limits set out in Article 20.