Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 85) sur l'inspection du travail (territoires non métropolitains), 1947 - Anguilla

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Article 2, below), as well as on the basis of the information at its disposal in 2019.

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures to take follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments. The Committee encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider taking the necessary steps towards extending the application of Convention No. 81, as the most up-to-date instrument in this subject area, to Anguilla. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Legislation, organization of the labour inspection system and resources. The Committee notes with interest the adoption in 2018 of the new Labour Code. It notes that, pursuant to section 5 of the Labour Code, the Commissioner is responsible for the day-to-day administration of the Labour Department and shall ensure the enforcement of the Code. Section 8 of the Labour Code provides that the Governor may designate a public officer as an inspector to assist the Commissioner in the execution of his duties, and that there shall be two categories of inspectors: (a) inspectors who monitor and enforce the provisions of the Labour Code relating to basic terms and conditions of employment, protection of wages, minimum wage, leave and work permits; and (b) inspectors to monitor and enforce the safety, health and welfare provisions of the Labour Code.

The Committee notes the Government’s indication in 2018 that the Labour Department was undergoing internal restructuring because of the departure of four staff and that efforts are being made to re-staff the Department, despite the austerity measures taken following Hurricane Irma. It further notes that the Ministry of Labour is currently reviewing the legislation on occupational safety and health (OSH) and labour administration, which the Government indicates will require recruiting new labour inspectors to assist with the additional work of the Labour Department. The Committee requests the Government to provide further information on the restructuring of the Labour Department, including the number of new labour inspectors and the total number of inspectors, and to provide a copy of a new organizational chart. It also asks the Government to continue to provide information on the review of legislation on OSH and labour administration.

Article 2 of the Convention. Training of labour inspectors. The Committee notes the information provided by the Government that in the past, labour inspectors attended training programmes on labour inspection and OSH delivered by the ILO Decent Work Technical Support Team (DWT) and Office for the Caribbean, which contributed to ensuring that inspectors were equipped with the necessary knowledge and training to carry out labour inspections. The Committee notes the Government’s indication in its supplementary report that, with the advent of the COVID-19 pandemic, the Government has scaled back on all training initiatives. It states that, in light of budgetary constraints, the Department has developed its own training programme for inspectors, with emphasis on knowledge and application of the law. It indicates that further training will be required when the proposed draft legislation on OSH is adopted. The Committee requests the Government to continue to provide information on the training activities planned and provided to train both new and more experienced labour inspectors, including training on OSH as well as those activities delivered through ILO support.

Article 4(2)(a). Right of labour inspectors to freely enter workplaces liable to inspection. The Committee notes that, pursuant to section 10 of the Labour Code, an inspector shall have the power to freely enter without previous notice at any hour of the day or night during the working hours of the business or any workplace liable to inspection. However, the Committee recalls that Article 4(2)(a) does not envisage restricting visits to workplaces liable to inspection only to working hours. The Committee therefore requests the Government to provide information on the measures taken to ensure that labour inspectors are empowered to freely enter and without previous notice at any hour of the day or night any workplace liable to inspection, even outside of working hours.

Application in practice and statistics. The Committee notes that, after Hurricane Irma, many businesses have either been closed or are not fully operational, and this resulted in a reduction in the number of inspections performed from 2017 to 2018. It also notes that, pursuant to section 5(h) of the Labour Code, the Commissioner is responsible for collecting data and statistics, including in relation to: (i) complaints received and settled; (ii) inspections completed; (iii) violations of the Code; (iv) accidents and injuries; and (v) occupational diseases. Section 5(k) further requires the Commissioner to prepare and furnish the Minister with the annual report of the work of the Labour Department. However, the Committee notes the Government’s indication that statistical data on the number of inspections is not currently available. The Committee requests the Government to provide a copy of the annual report of the work of the Labour Department.

[The Government is asked to reply in full to the present comments in 2022.]