Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Suriname

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1976)
Convention (n° 150) sur l'administration du travail, 1978 (Ratification: 1981)

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

Labour inspection: Convention No. 81

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 3(1)(a) and 5(b) of the Convention. The Committee further notes the Labour Inspection Act Amendment of 7 April 2017 (SB 2017 No. 39), amending the Decree on Labour Inspection (SB 1983 No. 42).

Article 3(1)(b) and (2) of the Convention. Labour inspection’s duties in the area of occupational safety and health (OSH). The Committee notes the Government’s indication in its report that the labour inspectorate has planned to implement the introduction of a new and uniform standard on noise and a Safety Passport for every worker. The Government indicates that the Safety Passport will include information on OSH skills and capacities, and will facilitate the assessment of OSH risks and the need for training and instructions in case of a new employer. In addition, the Government notes that the labour inspection services will collaborate with the ILO to implement an ILO OSH project in mining, aiming at the establishment of “mining schools”, following the completion of training manuals. The Committee also notes that, according to information from the ILO Decent Work Team and Office for the Caribbean, the Government is working with the ILO on an inspection manual for small artisanal mines. The Committee requests the Government to provide detailed information regarding the role and duties of labour inspectors in the establishment of the Safety Passport, and concerning the development of the inspection manual for small artisanal mines.

Article 7(3). Adequate training. The Committee notes the information provided by the Government regarding the different trainings provided for labour inspectors, including their scope, frequency, subjects and content, covering the fundamental Conventions of the ILO, OSH and other topics. The Committee requests the Government to continue to provide information on trainings provided for labour inspectors, including the dates and subjects covered for each training session and the number of inspectors or other persons attending each training session.

Articles 10 and 11. Sufficient number of labour inspectors and necessary arrangements for the performance of the labour inspectors’ duties. Application in practice. The Committee notes that the Government indicates that budgetary constraints hamper the full implementation of the Convention in practice, and that the labour inspectorate lacks sufficient qualified personnel, adequate housing and transport facilities to be present in the hinterland of the country. It requests the Government to provide information regarding the measures taken or envisaged to address the challenges identified, including any measures taken to ensure the recruitment of a sufficient number of labour inspectors (Article 10 of the Convention) and the necessary arrangements to furnish labour inspectors with the transport facilities necessary for the performance of their duties (Article 11).

Article 14. Notification to the labour inspectorate of cases of occupational diseases. In its previous comments, the Committee noted the Government’s indication that the legislative reforms, including plans to reform the Occupational Safety and Health Act (GB 1947 No. 142) (OSH Act) and the Decree on Labour Inspection (SB 1983 No. 42), would address the issues previously raised under Article 14 of the Convention. The Committee notes in this respect that the amendment by the Labour Inspection Act Amendment (SB 2017 No. 39) of the Decree on Labour Inspection (SB 1983 No. 42), now the Labour Inspection Act, is silent on the issue of notification of occupational accidents and diseases to the labour inspection services. The Committee also notes that the reform of the OSH Act is still ongoing. The Committee requests the Government to continue to provide information regarding the measures taken or envisaged to ensure that the labour inspection services are notified of industrial accidents and cases of occupational diseases, in accordance with Article 14 of the Convention.

Article 15(b). Professional secrecy. In its previous comments, the Committee had noted that the Decree on Labour Inspection did not provide for professional secrecy to be maintained after leaving the service. In this respect, the Committee notes with interest that the Labour Inspection Act Amendment (SB 2017 No. 39) provides in section 9 for the obligation of labour inspectors to maintain professional secrecy after leaving the service, with regard to what has come to their knowledge in the performance of their duties.

Article 18. Penalties for violations of the legal provisions enforceable by labour inspectors. The Committee notes with interest the information provided by the Government that the expeditious penal procedures introduced in the country in 2015 resulted in a much shorter cycle to complete penal proceedings with regard to violations of labour legislation and the imposition of fines. The Committee notes the statistics provided by the Government regarding the number of violations, recommendations of fines, the number of cases transmitted to courts and the number of fines paid. The Committee requests the Government to continue to provide information regarding the impact of the expeditious penal procedures on the application of adequate penalties for violations of legal provisions enforceable by labour inspectors, in accordance with Article 18 of the Convention, including statistics on the number of contraventions, court sessions concluded, and the fines imposed and paid.

Articles 20 and 21. Publication and communication of annual labour inspection reports. In its previous comments, the Committee noted the Government’s indication that, although relevant data was available, the publication of annual reports remained difficult because of the lack of officials tasked with the compilation of the reports. In this respect, the Committee welcomes the transmission of the annual report of the labour inspectorate for 2015, as well as the statistics provided by the Government regarding occupational accidents for the period 2012–15. The Committee notes the Government’s indication that the labour inspectorate keeps various records, including on occupational accidents and diseases. The Committee requests the Government to continue to prepare and communicate annual reports of the labour inspectorate in accordance with Articles 20 and 21 of the Convention, ensuring that the annual report contains all of the subjects listed under Article 21(a)–(g) of the Convention.

Labour administration: Convention No. 150

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 2 (delegation of certain activities to non governmental organizations); 3 (direct negotiations between workers and employers); 4 (labour administration system); 9 (parastatal, regional or local agencies); judicial decisions; and the application in practice of the Convention.

Article 5 of the Convention. Consultation, cooperation and negotiation between the public authorities and the most representative employers’ and workers’ organizations. In its previous comments, the Committee requested the Government to provide information on all entities that have a tripartite structure and on the measures taken to enhance consultations, negotiations or tripartite cooperation. The Committee notes the information provided by the Government regarding the functioning, activities and governing legislation of various entities, including the Labour Advisory Board (AAC), the National Board on Occupational Safety and Health (NRB), the National Commission on the Elimination Child Labour (NCUK), the Organized Consultation, the Foundation for Productive Work Units (SPWE), the Suriname Labour College (SIVIS), the Suriname Business Forum (SBF), the National Labour Mediation Council (BR), and the Dismissal Board (DB). The Committee notes that the AAC has a standing committee on issues regarding the ILO, and welcomes the establishment of the ILO Sub-Commission, a tripartite consultative body within the AAC, in 2015. The Committee also notes the Government’s indication, in response to the Committee’s request that no particular measures were taken to enhance consultations, negotiations or tripartite cooperation at the regional or local levels or in particular economic sectors. With regard to the AAC, the Committee refers the Government to its previous comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 6(2)(a). Preparation, administration, coordination, checking and review of national employment policy. The Committee previously noted the objectives of the Multi-Annual Development Plan for 2006–11 and requested information regarding the potential involvement of entities such as the AAC, the National Council for Employment or the Social and Economic Council in the development of the next Multi-Annual Development Plan. In this respect, the Committee notes the Government’s indication that the AAC was not engaged as such in the development of national labour policy or in the Multi Annual Development Plan for 2012–16, but that the advice that came out of its tripartite deliberations influenced the labour agenda determined by the Minister of Labour. The Committee refers the Government to its comments on the Employment Policy Convention, 1964 (No. 122).

Article 6(2)(b). Study and review of the situation of persons in relation to employment. The Committee notes the information provided by the Government, in reply to the Committee’s previous request, regarding the activities of the Labour Market Department (LMD), including the eight visits of the LMD to neighbourhoods with relatively high unemployment rates, in cooperation with the Foundation for Labour Mobilization and Development (SAO), the SPWE, and the elected local representatives. With respect to its previous request regarding the activities of the SAO, the Committee takes due note of the list of trainings provided, covering a broad range of areas. The Committee refers the Government to its comments on Convention No. 122.

Article 6(2)(c) and (d). Services available to employers and workers. With regard to its previous request for information on the activities of the BR, the Committee notes the Government’s indication that all the activities of the BR are based on the National Mediation Act and that it is strictly engaged in mediation and arbitration activities. The Government also indicates that, in the period 2011–14, the BR dealt with 45 cases. The Committee further notes the Government’s indication that the Suriname Arbitration Institute, an alternative dispute resolution mechanism primarily focused on disputes between entrepreneurs, was established in 2014. The Committee requests the Government to continue to provide information on the activities of the BR, including on the number of cases dealt with and the ways in which outcomes are reported for these mediation and arbitration cases.

Article 7. Extension of the functions of the system of labour administration to categories of workers who are not, in law, considered employed persons. In its previous comments, the Committee had requested the Government to provide information on any developments regarding the intention to extend labour administration activities to workers engaged in occupations listed in Article 7(a)−(d) of the Convention. The Committee notes the Government’s indication that the SAO and SPWE are in part focused on self-employed persons who want to start a business without employing other persons. In addition, the Committee notes that the Government has provided information regarding the functioning of the Board for Cooperatives (RACO), established by the Cooperatives Act of 1944 (GB 1944 No. 93) and the Board of Cooperatives State Decree (SB 1994 No. 43), which advises the Minister of Labour on matters concerning cooperatives and promotes the development of new and existing cooperatives. The Government further indicates that the review of the position of these categories of workers was brought up in the ILO Sub-Commission of the AAC in June 2015. The Committee requests the Government to continue to provide information regarding any developments on the intention to extend labour administration activities to categories of workers listed in Article 7(a) and (d), including in the context of discussions of the AAC.

Article 8. National policy concerning international labour affairs. With regard to its request for information on the International Affairs Unit of the Legal and International Affairs Department, the Committee notes the Government’s indication that, in addition to their duties in respect of ILO reporting and questionnaires regarding the agenda of the International Labour Conference, the officials of the International Affairs Unit are in practice involved in the drafting of labour laws. The Committee further notes the information provided by the Government regarding the ILO Commission of the AAC, which has discussed the comments of the Committee on this Convention and on Convention No. 122. The Committee requests the Government to provide further information regarding the consultations held within the AAC regarding the preparation of national policy concerning international labour affairs.

Article 10. Staff of the labour administration system and material means. In its previous comments, the Committee requested the Government to provide information on the composition, status and conditions of service of the staff of the labour administration system, as well as on the material means and the financial resources allocated for the effective performance of their duties. In this respect, the Committee notes the number of personnel employed in different departments within the Ministry of Labour and entities within the labour administration system, as well as the training courses followed by the officials of those bodies. The Committee further notes the Government’s indication that the organizations within the labour administration system are subsidized by the budget of the Ministry of Labour. The Committee requests the Government to provide further information regarding the allocation of financial resources within the labour administration system, including measures in place to ensure that the staff of the labour administration have the material means and the financial resources necessary for the effective performance of their duties, such as legislation governing the payment of salaries of civil servants and the subsidization of organizations within the labour administration system by the Ministry of Labour. With regard to labour inspection services, the Committee refers the Government to its comments above on Convention No. 81.