On the ratification of the Convention on Labour Inspection in Industry and Trade

Home / RLA / On the ratification of the Convention on Labour Inspection in Industry and Trade

Law of the Republic of Kazakhstan dated May 7, 2001 No. 194

To ratify the Convention on Industrial and Commercial Labour Inspection (Convention 81), adopted in Geneva by the 30th session of the General Conference of the International Labour Organization on July 11, 1947.

President of the Republic of Kazakhstan

Thirtieth session  Geneva, June 19 -July 11, 1947 Convention 81

Convention <*> on Industrial and Commercial Labour Inspection <1>

<*>(Entered into force on July 6, 2002 - Bulletin of International Treaties of the Republic of Kazakhstan, 2002, No. 8, Article 58)

<1>Effective date: April 7, 1950.

The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting on June 19, 1947, for its thirtieth session, having decided to adopt a number of proposals on industrial and commercial labour inspection, which is the fourth item on the agenda of the session, having decided to give these proposals the form of an international convention, adopts this eleventh day of July of the month of one thousand The following Convention, which may be referred to as the Labour Inspection Convention, 1947:

Section I. Industrial labor inspection

Article 1

Each Member of the International Labour Organization in respect of which this Convention has entered into force undertakes to have a system of labour inspection in industrial enterprises.

Article 2

1. The labor inspection system at industrial enterprises applies to all enterprises in respect of which labor inspectors are required to ensure the application of legal provisions related to working conditions and to the protection of workers during their work. 2. National legislation may exclude mining and transport enterprises or parts thereof from the scope of this Convention.

Article 3

1. The task of the labour inspection system is to: (a) Ensure the application of legal provisions in the field of working conditions and the safety of workers in the course of their work, such as provisions on working hours, wages, occupational safety, health and welfare, the employment of children and adolescents and other similar issues, to the extent that to what extent should labour inspectors ensure the application of these provisions; (b) Providing entrepreneurs and workers with technical information and advice on the most effective means of complying with legislative provisions; (c) Bringing to the attention of the competent authority facts of omission or abuse that do not fall within the scope of existing legislative provisions. 2. If other functions are assigned to labor inspectors, the latter should not interfere with the performance of their main functions and in any way damage the credibility or impartiality required by inspectors in their relations with entrepreneurs and workers.

Article 4

1. To the extent compatible with the administrative practices of a Member Organization, the labor inspectorate is under the supervision and control of the central authority. 2. In the case of a federal State, the expression "central authority" may mean either the central authority of the federation or the central authority of one of the constituent parts of the federation.

Article 5

The competent authority shall take appropriate measures to promote: (a) effective cooperation between the inspection services, on the one hand, and other government services, as well as public and private institutions engaged in similar activities, on the other; (b) cooperation between employees of the labour inspectorate and entrepreneurs and workers or their organizations.

Article 6

The inspection staff consists of civil servants whose status and working conditions ensure the stability of their position and make them independent of any changes in the Government or any undue external influence.

Article 7

1. Subject to the provisions to which national legislation may subordinate the recruitment of employees of public institutions, labour inspectors are recruited solely on the basis of the candidate's suitability for the tasks assigned to him. 2. The methods of verifying such suitability are determined by the competent authority. 3. Labour inspectors receive appropriate training to carry out their functions.

Article 8

Both men and women may be appointed to the inspection staff; if necessary, male and female inspectors may be assigned special tasks, respectively.

Article 9

Each Member of the Organization shall take the necessary measures to ensure that qualified experts and specialists, including specialists in medicine, mechanics, electricity and chemistry, are involved in the work of the inspectorate in such forms as are deemed most appropriate to national conditions, in order to ensure the application of legislative provisions related to the health and safety of workers during their work, as well as to receive information on the impact of the methods used, materials used and working methods on the health and safety of workers.

Article 10

The number of labour inspectors should be sufficient to ensure the effective performance of the functions of the inspection service; it should be determined taking into account: (a) the importance of the tasks to be performed by inspectors, and in particular: (i) the number, nature, size and location of enterprises subject to inspection control; (ii) the number and categories of workers employed in these enterprises(iii) The number and complexity of the legislative provisions they are required to enforce; (b) The facilities made available to the inspectors, and (c) the practical conditions in which inspection visits must be carried out in order to be effective.

Article 11

1. The competent authority shall take the necessary measures to ensure that labour inspectors have at their disposal: (a) local bureaus equipped in accordance with the needs of the inspection service and accessible to all interested persons; (b) vehicles necessary for the performance of their functions if appropriate means of public transport are not available. 2. The competent authority shall take the necessary measures to reimburse labour inspectors for all relocation costs and any additional costs necessary for the performance of their functions.

Article 12

1. Labor inspectors, provided with documents certifying their authority, have the right: a) to freely enter, without prior notice and at any time of the day, any enterprise covered by inspection control; b) to enter during the daytime all buildings that they have sufficient grounds to consider under inspection control.; (c) Carry out any checks, controls and investigations that they may deem necessary to ensure that the legal provisions are effectively enforced, and in particular: (i) In private or in the presence of witnesses, ask questions to the entrepreneur or the company's staff in all areas related to the application of the legal provisions; (ii) Require familiarization with any books, registers or documents prescribed by legislation on working conditions in order to verify their compliance with legislative provisions and to make copies or extracts of individual places from them; (iii) require the posting of advertisements, as provided for by legislative provisions; (iv) to withdraw or take samples with them for analysis materials and substances used or processed, provided that the entrepreneur or his representative is notified that the materials or substances have been seized and taken away for this purpose. 2. In the case of an inspection visit, the inspector shall notify the entrepreneur or his representative of his presence, unless he considers that such notification may prejudice the effectiveness of the control.

Article 13

1. Labour inspectors are allowed to demand that measures be taken to remedy deficiencies noted in any structure, equipment or working methods that they have reason to consider threatening the health or safety of workers. 2. In order for labour inspectors to be able to take such measures, they are authorized, subject to the right of appeal to judicial or administrative authorities, which may be provided for by national legislation, to give orders or require that an order be given: (a) To make such changes to structures within a certain period of time as are necessary to ensure the strict application of legislative provisions on issues of workers' health and safety; (b) In the event of an immediate threat to the health and safety of workers, take immediate action. 3. If the procedure set out in paragraph 2 is incompatible with the administrative and judicial practice of a Member of the Organization, inspectors will have the right to apply to the competent authority in order for it to issue an order or order the adoption of measures subject to immediate execution.

Article 14

Information on occupational accidents and diseases is transmitted to the Labour Inspectorate in such cases and in the manner prescribed by national legislation.

Article 15

Subject to such exceptions as may be provided for by national legislation, labour inspectors are: (a) prohibited from participating directly or indirectly in the affairs of enterprises under their control; (b) required, under threat of criminal sanctions or appropriate disciplinary measures, not to disclose, even after leaving office, industrial or commercial secrets; or the same production processes that they could familiarize themselves with in the exercise of their functions; c) it is prescribed to consider the source of any complaint about deficiencies or violations of legislative provisions as absolutely confidential and to refrain from informing the entrepreneur or his representative that an inspection visit was made in connection with the receipt of such a complaint.

Article 16

Enterprises are inspected as often and as thoroughly as necessary to ensure the effective application of relevant legal provisions.

Article 17

1. Persons who violate or evade compliance with the legal provisions entrusted to labour inspectors shall be immediately prosecuted without prior notice; however, national legislation may provide for exceptions in cases where prior notice must be given in order to remedy the situation or take preventive measures. 2. Labour inspectors have the right to decide for themselves whether to issue a warning or advice, rather than initiate or recommend prosecution.

Article 18

National legislation provides for and effectively applies appropriate sanctions for violations of legislative provisions, the application of which is subject to control by labor inspectors, and for opposition provided to labor inspectors in the performance of their duties.

Article 19

1. Labour inspectors or local inspection bureaus submit periodic general reports on the results of their activities to the central body of the inspection service. 2. These reports are drawn up according to the instructions of the central authority and cover issues indicated from time to time by that authority; they are submitted at least as often as required by the central authority, but in any case at least once a year.

Article 20

1. The central inspection body publishes annual general reports on the activities of the inspection services under its control. 2. These reports are published within a reasonable period of time, in no case exceeding twelve months after the end of the year to which they relate. 3. Copies of the annual reports are sent to the Director-General of the International Labour Office within a reasonable time after their publication and in any case no later than three months later.

Article 21

The annual reports published by the central body of the inspection service cover the following and all other relevant issues to the extent that they fall under the control of that central body: (a) laws and regulations related to the activities of the labour inspectorate; (b) personnel of the labour inspectorate; (c) statistics on enterprises covered by the control inspections, and the number of workers employed in these enterprises; (d) Statistics on inspection visits; (e) Statistics on violations and sanctions applied; (f) Statistics on occupational accidents; (g) Statistics on occupational diseases.

Section II. Labor inspection in trade

Article 22

Each Member of the International Labour Organization in respect of which this section of this Convention is in force undertakes to have a labour inspection system in commercial establishments.

Article 23

The labor inspection system in commercial enterprises applies to those enterprises in respect of which labor inspectors must ensure the application of legislative provisions related to working conditions and to the protection of workers during their work.

Article 24

The labour inspection system in commercial enterprises complies with the requirements of articles 3-21 of this Convention insofar as they are applicable.

Section III. Various provisions

Article 25

1. Any Member ratifying this Convention may attach to the instrument of ratification a declaration stating that its acceptance of obligations under this Convention does not apply to section II. 2. Any Member who has made such a declaration may revoke it at any time by a subsequent declaration. 3. Any Member for which a declaration made in accordance with paragraph 1 of this article is in force shall, in its annual reports on the application of this Convention, report on the status of legislation and practice in relation to the provisions of section II of this Convention and indicate the extent to which these provisions have been implemented or are expected to be implemented.

Article 26

In cases where it is not certain that this Convention applies to any enterprise or its part or service, the matter is resolved by the competent authority.

Article 27

In this Convention, the term "legislative provisions" means, in addition to the provisions of legislation, decisions of arbitration courts and collective agreements having the force of law, the application of which must be ensured by labor inspectors.

Article 28

The annual reports submitted in accordance with Article 22 of the Constitution of the International Labour Organization shall provide detailed information on all provisions of national legislation that give effect to the provisions of this Convention.

Article 29

1. If there are extensive areas on the territory of a Member of the Organization where, due to the dispersion of the population or the level of development of the area, the competent authority considers it impracticable to apply the provisions of this Convention, that authority may exclude such areas from the Convention either altogether or with such exceptions in respect of individual enterprises or professions as it deems appropriate. do it. 2. Each Member, in its first annual report on the application of this Convention, submitted in accordance with Article 22 of the Constitution of the International Labour Organization, shall indicate all areas in respect of which it intends to avail itself of the provisions of this Article, as well as the reasons for which it intends to avail itself of these provisions. No Member of the Organization may, after submitting its first annual report, use the provisions of this article except in relation to the areas indicated in this report. 3. Each Member using the provisions of this article shall indicate in its subsequent annual reports those areas in respect of which it waives the right to use these provisions.

Article 30

1. With respect to the Territories referred to in Article 35 of the Constitution of the International Labour Organization, as amended by the 1946 Act of Amendment to the Constitution of the International Labour Organization, with the exception of the Territories referred to in paragraphs 4 and 5 of the said Article, each Member ratifying this Convention shall send to the Director General of the International Labour Office as soon as possible after a declaration indicating: (a) The Territories in respect of which the Member concerned undertakes to apply the provisions of the Convention without modification; (b) The Territories in respect of which it undertakes to apply the provisions of the Convention as amended, and the details of those amendments; (c) the Territories in which the Convention will not apply, and in such cases the reasons why it does not apply to them; (d) the Territories in respect of which it reserves its decision. 2. The obligations mentioned in sub-paragraphs a and b of paragraph 1 of this article are considered an integral part of the ratification and have the same consequences. 3. Any Member may, by means of a new declaration, withdraw all or part of the reservations contained in its previous declaration by virtue of sub-paragraphs b, c and d of paragraph 1 of this article. 4. Any Member may, at any time during which this Convention may be denounced in accordance with the provisions of article 34, send to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and informing him of the situation in certain Territories.

Article 31

1. When matters covered by this Convention fall within the competence of the authorities of a Territory outside the metropolitan Area themselves, the Member responsible for the international relations of that Territory may, in agreement with the Government of that Territory, submit to the Director-General of the International Labour Office a declaration accepting obligations under this Convention on behalf of such Territory. 2. A declaration of acceptance of obligations under this Convention may be addressed to the Director-General of the International Labour Office: (a) by two or more Members of the Organization in respect of a territory under their joint administration; (b) by any international authority responsible for the administration of a Territory on the basis of the provisions of the Charter of the United Nations or any other authority acting in respect of There is no such territory. 3. Declarations addressed to the Director-General of the International Labour Office in accordance with the provisions of the preceding paragraphs of this article indicate whether the provisions of the Convention will be applied in the Territory with or without modifications; if the declaration indicates that the provisions of the Convention will be applied with modifications, it specifies what exactly these changes consist of.  4. An interested Member or Members of an Organization or an international authority may, by means of a new statement, completely or partially waive the right to refer to the changes stipulated in any previous statement. 5. At times when the Convention may be denounced in accordance with the provisions of article 34, the Member or Members of the Organization concerned or the international authority may send to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and informing them of the existing situation with regard to the application of this Convention.

Section IV. Final provisions

Article 32

The official instruments of ratification of this Convention shall be sent to the Director General of the International Labour Office for registration.

Article 33

1. This Convention binds only those Members of the International Labour Organization whose instruments of ratification have been registered by the Director General. 2. It shall enter into force twelve months after the Director General registers the instruments of ratification of the two Members of the Organization. 3. Subsequently, this Convention shall enter into force for each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 34

1. Any Member which has ratified this Convention may, after a period of ten years from the date of its initial entry into force, denounce it by means of an act of denunciation addressed to and registered by the Director-General of the International Labour Office. The denunciation takes effect one year after the registration of the act of denunciation. 2. Each Member of the Organization that has ratified this Convention, which does not exercise its right of denunciation provided for in this article within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall be bound for a further period of ten years and may subsequently denounce this Convention after the expiration of each ten-year period in accordance with the procedure established in this article.

Article 35

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all instruments of ratification, declarations and acts of denunciation received by him from the Members of the Organization. 2. In notifying the Members of the Organization of the registration of the second instrument of ratification received by him, the Director-General shall draw their attention to the date of entry into force of this Convention.

Article 36

The Director-General of the International Labour Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, full details of all ratifications, declarations and acts of denunciation registered by him in accordance with the provisions of the preceding articles.

Article 37

Whenever the Governing Body of the International Labour Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and decide whether to include in the agenda of the Conference the question of its revision in whole or in part.

Article 38

1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise, then: (a) The ratification by any Member of the Organization of the new revising Convention shall automatically entail, regardless of the provisions of article 34, the immediate denunciation of this Convention, provided that the new, The revising Convention has entered into force; b) as from the date of entry into force of the new revising Convention, this Convention is closed for ratification by the Members of the Organization. 2. In any case, this Convention remains in force in form and content in respect of those Members of the Organization that have ratified it but have not ratified the new, revising convention.

Article 39

The English and French texts of this Convention are equally authentic.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases