Labour Inspection Sanctions and Remedies Workshop Venice 2
Labour Inspection Sanctions and Remedies Workshop Venice, 2 -3 December 2010 José Luis Forte Portugal www. ilo. org/labadmin
Recent trends and issues in LI sanctions and remedies The practicioner’s point of view - International Relations Unit Inspector General for Labour - Information and Documentation Unit Consultative Council Executive Coordinator for OHS 2 Deputy Directors Department for Inspection Support -Unit for Inspection Coordination Department for For OSH Internal Promotion Management -Unit for External Regulation -Unit for Studies and -Unit for Projects Technical Support Management (social partners) Regional and local branches - HR Unit - 5 regional inspectorates - Information Systems - 32 local units Unit
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
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
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
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
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
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
Recent trends and issues in LI sanctions and remedies The practicioner’s point of view WHAT LEGAL ITEMS TO HIGHLIGHT FROM THE PT SYSTEM • summoning of workers in name of the employer (any worker) • enlarged time limit for labour and social security administrative sanctions
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
Recent trends and issues in LI sanctions and remedies The practicioner’s point of view Ill treatment and infringement of safety regulations Imprisonment from 1 to 10 years Infraction of safety rules Imprisonment from 1 to 10 years Hazardous works in construction Employment of young people under the minimum age of employment (16) and compulsory education (9 years) Imprisonment up to 4 years or judicial fine up to 480 days Disobedience to the prohibition notice to stop the work of a minor issued Aggravated disobedience by a labour inspector Closure of undertaking or premises without previous consultation of the Imprisonment up to 2 years or involved workers judicial fine up to 240 days Practice of impeded acts during temporary closure of undertakings or Imprisonment up to 3 years premises Retention of trade union dues The same as for embezzlement Substitution of strikers and discrimination of workers on strike Judicial fine up to 120 days Lock out Imprisonment up to 2 years or judicial fine up to 240 days
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