Obstacles in implementing DWCPs and enhancing Labour Inspection in Europe and Central Asia. The Norwegian Project Experi

1. Obstacles in implementing DWCPs and enhancing Labour Inspection in Europe and Central Asia. The Norwegian Project Experience Carmen Bueno ILO SRO Budapest IALI- ILO Workshop Düsseldorf , 6 November 2009

2. INTRODUCTION • 2008-09 Co-operation Agreement between Norway and ILO • Albania, Armenia, Moldova, Montenegro, the FYR of Macedonia and Kazakhstan • Assistance to strengthen and modernize labour inspectorates enhancing their effectiveness and impact, moving towards more prevention-oriented organizations • Labour inspectorates, workers’ and employers’ organizations and other institutional partners are in a better position to promote compliance with legislation

3. AUDITS:OBSTACLES • STRUCTURE: • Problems of integration in models with two branches (OSH/labour relations)

4. AUDITS:OBSTACLES • LEGISLATIVE FRAMEWORK: • Specific Laws on Labour Inspection in 5 countries • Substantial amendments to the existing labour and OSH inspection legislation are necessary in order in order to bring the legislation into line with EU requirements and to strengthen the institutional capacity

5. AUDITS:OBSTACLES • HUMAN RESOURCES: • Re-election systems could be contradictory with ILO Conventions • No career plan • No attractive salaries and incentives • Secretarial support, computers and transport facilities to be improved • TRAINING should be a priority • Concern about integrity problems

6. AUDITS:OBSTACLES • VISIT: • Planned visits vs complaint-based visits • Limits to inspect the same workplace no more than once a year • Limits in the duration of the visit • Obligation to notify in advance • Poor preparation of the visit • No use of checklist/protocols • Low average of visits

7. AUDITS:OSTACLES REGISTERS AND DATABASE: Urgent need to develop and maintain a proper and updated registration system of enterprises and inspection activities

8. AUDITS:OBSTACLES • NOTIFICATION OF OCCUPATIONAL ACCIDENTS AND DISEASES: • Under-reporting is a major problem • Inspectors’ skills on investigation of accidents at work should be enhanced

9. AUDITS:OBSTACLES • COLLABORATION WITH OTHER AUTHORITIES: • Important number of other bodies with labour-related inspection tasks • More collaboration and a better coordinated approach is needed

10. AUDITS:OBSTACLES • SANCTIONING PROCEDURES: • Need to be simplified and to introduce graduation criteria • Need to strengthen discretionary powers to give warning and advice, rather than to recommend sanctions to enhance a more preventive approach

11. AUDITS:OBSTACLES • SOCIAL DIALOGUE: • Social partners are aware of the role of labour inspection but • there is a lack of real knowledge on how to collaborate. • They are calling for a more effective, dynamic and independent inspection and to take into account their opinion

12. ACTION PLANS • Moldova, Montenegro, the FYR of Macedonia and Albania • TRAINING PLAN • IMPROVEMENT CAREER PLAN • REVISION AND SIMPLIFICATION OF SANCTIONING PROCEDURES • IMPROVEMENT LABOUR INSPECTION VISIT • PILOT EXPERIENCE ON REGISTERS • PILOT CAMPAIGNS • AWARENESS RAISING CAMPAIGNS FOR SOCIAL PARTNERS

13. FINAL COMMENTS • Collaboration of some European Labour Inspectorates: Bulgaria, Spain, Portugal, Belgium… • Very positive engagement of all authorities, social partners and labour inspectors of the target countries

14. Thank you for your attention For further information: http://www.ilo.org/public/english/region/eurpro/budapest/