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Labour Inspection Sanctions and Remedies Workshop Venice, 2-3 December 2010

This workshop in Venice on 2-3 December 2010 discusses recent trends and issues in labour inspection sanctions and remedies from the practitioner's point of view. Key challenges and legal items are highlighted, with a focus on transnational enforcement and cooperation with the judicial power.

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Labour Inspection Sanctions and Remedies Workshop Venice, 2-3 December 2010

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  1. Labour Inspection Sanctions and Remedies Workshop Venice, 2-3 December 2010 José Luis Forte Portugal www.ilo.org/labadmin

  2. Recent trends and issues in LI sanctions and remedies The practicioner’s point of view Inspector General for Labour • International Relations • Unit • Information and Documentation Unit ConsultativeCouncil (social partners) Executive Coordinator for OHS 2 Deputy Directors Regional and local branches Department for Inspection Support Department For OSH Promotion Department for Internal Management • Unit for Inspection • Coordination • Unit for Studies and • Technical Support • 5 regional inspectorates • 32 local units • Unit for External • Regulation • Unit for Projects • Management • HR Unit • Information Systems • Unit

  3. Recent trends and issues in LI sanctions and remedies The practicioner’s point of view • According with ILO’s conventions 81 and 129 labour inspectors can: • visit and inspect any workplace without prior notice • question anyone at the workplace • obtain cooperation of experts and anyone with relevant knowledge • request cooperation from police authorities • request to consult or copy documents and other records • take samples, photographs, record video and take measurements • request demonstration of working procedures

  4. Recent trends and issues in LI sanctions and remedies The practicioner’s point of view • General key challenges: • Increasing demand from clients • new fields of action (v.g. human trafficking, maritimes…) • considerable (underestimated?) percentage of undeclared work • bogus independent workers • serious (cultural) deficit on OSH

  5. Recent trends and issues in LI sanctions and remedies The practicioner’s point of view • Implication of the changes for the labour inspectorate • need to review priorities and activities – LI as an identifiiable relevant actor • need to pursue lines of responsability when dealing with complex interfaces (extense subcontracting chains) • logistical challenge coming from the huge extension of small firms (more sites to visit/ companies staying shorter time in the market) • need to evolve through cooperation with traditional and new partners

  6. Recent trends and issues in LI sanctions and remedies The practicioner’s point of view • Key challenges regarding LI sanctions and remedies: • transnational enforcement of sanctions • sanctions for public administration • different understandings on administrative sanctions between courts • tendency from judges to consider administrative procedures as less relevant cases • lack of knowledge on OSH issues from public prosecutors and judges • quality of notices of infringement to assure better probability of success through voluntary payment or judicial decision

  7. Recent trends and issues in LI sanctions and remedies The practicioner’s point of view • Key challenges regarding LI sanctions and remedies: • lack of real intervention of the LI in the judicial stage • difficulties of enforcement arising from the nature of administrative body of the LI and not criminal police • lack of use of legal prerrogatives from trade unions • unreal expectations from clients

  8. Recent trends and issues in LI sanctions and remedies The practicioner’s point of view • WHAT LEGAL ITEMS TO HIGHLIGHT FROM THE PT SYSTEM • automatic update of the amount of fines • joint liability for the payment of fines • additional sanction of publicity • voluntary payment to the administration/ no intervention from courts • simplified administrative procedure (fines reduced in 25%) • caution or bank guarantee in case of appeal

  9. Recent trends and issues in LI sanctions and remedies The practicioner’s point of view • summoning of workers in name of the employer (any worker) • enlarged time limit for labour and social security administrative sanctions WHAT LEGAL ITEMS TO HIGHLIGHT FROM THE PT SYSTEM

  10. Recent trends and issues in LI sanctions and remedies The practicioner’s point of view • ADMINISTRATIVE (GOOD) ANSWERS • joint inspection experiences/ tradition • bilateral agreements for exchange of information and law enforcement • information and enforcement campaigns • continuous qualification of labour inspectors • enhancement of cooperation with the judicial power

  11. Recent trends and issues in LI sanctions and remedies The practicioner’s point of view

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