International Labor Organization Convention 81. ILO Convention on Labor Inspection in Industry and Trade (Russian). Section I. Scope, definition and application

05.04.2020

General Conference of the International Labor Organization,

convened at Geneva by the Governing Body of the International Labor Office and meeting on 19 June 1947 in its thirtieth session,

Having decided to adopt a number of proposals on labor inspection in industry and commerce, which is the fourth item on the agenda of the session,

Having determined that these proposals shall take the form of an international convention,

Adopts this eleventh day of July of the year one thousand nine hundred and forty-seven the following Convention, which may be cited as the Labor Inspection Convention, 1947:

Section I. LABOR INSPECTION IN INDUSTRY

Each Member of the International Labor Organization for which this Convention is in force undertakes to have a system of labor inspection in industrial enterprises.

2. National legislation may exempt mining and transport enterprises or parts of these enterprises from the operation of this Convention.

1. The tasks of the labor inspection system include:

(a) Ensuring 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 the length of the working day, wages, safety at work, health and welfare, employment of children and adolescents and other similar matters, to the extent that labor inspectors are required to ensure the application of these provisions;

(b) providing employers and workers with technical information and advice on the most effective means of complying with legal provisions;

c) bringing to the attention of the competent authority facts of inaction or abuse that are not covered by existing legal provisions.

2. If other functions are entrusted to labor inspectors, these must not interfere with the exercise of their essential functions and in any way prejudice the authority or impartiality required by inspectors in their dealings with employers and workers.

1. To the extent that this is consistent with the administrative practice of a Member, the labor inspectorate shall be subject to 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 federation.

The competent authority shall take appropriate measures to promote:

a) effective cooperation between inspection services on the one hand and other government services and public and private institutions carrying out similar activities on the other;

b) cooperation between employees of the labor inspectorate and employers and workers or their organizations.

The inspectorate's staff consists of civil servants whose status and working conditions ensure the stability of their position and make them independent of any change in government or any undue external influence.

1. Subject to the provisions to which national law may make recruitment of employees public institutions, labor inspectors are recruited solely on the basis of the suitability of the candidate for the tasks to be assigned to him.

2. The methods for checking such suitability shall be determined by the competent authority.

3. Labor inspectors receive appropriate training for the performance of their functions.

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

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 inspection in such forms as will be recognized as most appropriate to national conditions, with a view to ensuring the application of legislative provisions relating to the health and safety of workers during their work, as well as to receive information on the impact of the methods used, the materials and working methods used on the health and safety of workers.

The number of labor inspectors should be sufficient to ensure the effective performance of the functions of the inspection service; it is set according to:

a) the importance of the tasks to be performed by the inspectors, and in particular:

i) the number, nature, size and location of establishments subject to the control of the inspection;

iii) the number and complexity of the legal provisions they are required to enforce;

b) materiel placed at the disposal of the inspectors, and

c) the practical conditions under which inspection visits must take place in order to be effective.

1. The competent authority shall take the necessary measures to ensure that labor inspectors have at their disposal:

a) local offices equipped according to the needs of the inspection service and accessible to all stakeholders;

b) vehicles necessary for the exercise of their functions in the event that there are no appropriate means of public transport.

2. The competent authority shall take the necessary steps to reimburse labor inspectors for all travel expenses and any additional expenses necessary for the exercise of their functions.

1. Labor inspectors, provided with documents certifying their authority, have the right to:

a) unrestricted access, without prior notice and at any time of the day, to any establishment subject to inspection control;

b) to enter during the daytime all buildings which they have reasonable grounds to consider as subject to the control of the inspection;

c) carry out any checks, controls and investigations they may deem necessary to ensure that the legal provisions are being effectively implemented, and in particular:

i) in private or in the presence of witnesses, question the employer or the staff of the undertaking in all areas relating to the application of the statutory provisions;

(ii) to require the examination of any books, registers or documents prescribed by the legislation on working conditions in order to check their compliance with the legislative provisions and to make copies or excerpts from them in separate places;

iii) require the posting of notices as required by law;

(iv) to seize or take with him for analysis samples of the materials and substances used or processed, provided that the employer or his representative is notified that the materials or substances have been seized and carried away for this purpose.

2. In the event of an inspection visit, the inspector shall notify the employer or his representative of his presence, unless he considers that such notification may prejudice the effectiveness of the control.

2. In order to enable labor inspectors to take such measures, they shall be empowered, subject to the right of appeal to judicial or administrative authorities which may be provided for by national law, to give orders or require that orders be given:

(a) making, within a specified period, such modifications to the facilities as are necessary to ensure the strict application of the statutory provisions for the protection of the health and safety of workers;

b) in the event of an immediate threat to the health and safety of workers, to take immediate action.

3. If the procedure set out in paragraph 2 is incompatible with the administrative and judicial practice Member of the Organization, the inspector will have the right to apply to the competent authority in order to send an order or order the adoption of measures to be immediately executed.

The labor inspectorate is provided with information about accidents at work and about occupational diseases in such cases and in the manner prescribed by national law.

Subject to such exceptions as may be provided by national law, labor inspectors:

a) it is prohibited to participate directly or indirectly in the affairs of enterprises under their control;

b) is obligated, under the threat of criminal sanctions or appropriate disciplinary measures, not to disclose, even after leaving office, industrial or commercial secrets or production processes with which they could become familiar in the exercise of their functions;

c) it is required to treat as absolutely confidential the source of any complaint about deficiencies or violations of legal provisions and to refrain from informing the employer or his representative that an inspection visit has been made in connection with the receipt of such a complaint.

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

2. Labor inspectors have the right to decide for themselves whether to issue a warning or advice, rather than initiate or recommend prosecution.

Appropriate sanctions are provided for and effectively enforced by national legislation for violations of legal provisions, the application of which is subject to the control of labor inspectors, and for obstruction of labor inspectors in the exercise of their duties.

1. Labor inspectors or local inspection offices shall submit periodic general reports on the results of their activities to the central body of the inspection service.

2. These reports are drawn up in accordance with the instructions of the central authority and cover matters indicated from time to time by that authority; they shall be presented at least as often as the central authority requires, but in any case not less than once a year.

1. The Central Inspection Authority shall publish annual general reports on the activities of the inspection services under its control.

2. These reports are published within a reasonable time, in no case exceeding twelve months after the expiration of the year to which they relate.

3. Copies of the annual reports shall be sent to the Director General of the International Labor Office within a reasonable time after their publication and in any case not later than three months.

The annual reports published by the central organ of the inspection service cover the following and all other relevant matters in so far as they come under the control of that central organ:

a) laws and regulations relating to the activities of the labor inspectorate;

b) labor inspection personnel;

(c) statistics on establishments subject to inspection control and the number of workers employed in these establishments;

d) statistics on inspection visits;

e) statistics on violations that have occurred and sanctions applied;

f) statistics on industrial accidents;

q) statistics on occupational diseases.

Section II. LABOR INSPECTION IN TRADE

Each Member of the International Labor Organization for which this Part of this Convention is in force undertakes to have a system of labor inspection in trade enterprises.

The system of labor inspection in commercial establishments extends to those establishments in respect of which labor inspectors must ensure the application of the statutory provisions relating to working conditions and to the protection of workers in the course of their work.

The system of labor inspection in commercial establishments shall comply with the requirements of Articles 3 to 21 of this Convention insofar as they are applicable.

Section III. MISCELLANEOUS PROVISIONS

1. Any Member which ratifies this Convention may append to its instrument of ratification a declaration stating that its acceptance of obligations under this Convention does not extend to Section II.

2. Any Member which has made such a declaration may at any time revoke it by a subsequent declaration.

3. Any Member for which a declaration made under paragraph 1 of this Article is in force shall, in its annual reports on the application of this Convention, report on the state of law and practice in relation to the provisions of Section II of this Convention and indicate the extent to which the implementation or it is intended to implement these provisions.

Where it is not certain that this Convention applies to any undertaking, or part or service thereof, the matter shall be decided by the competent authority.

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

The annual reports submitted in accordance with article 22 of the Constitution of the International Labor Organization shall give details of all provisions of national legislation giving effect to the provisions of this Convention.

2. Each Member of the Organization, in its first annual report on the application of this Convention, submitted in accordance with Article 22 of the Constitution of the International Labor Organization, shall indicate all areas in respect of which it intends to avail itself of the provisions of this Article, and the reasons for which it intends to avail itself of these provisions. No Member may, after the submission of its first annual report, invoke the provisions of this article except in respect of the areas specified in that report.

3. Each Member which invokes the provisions of this Article shall indicate in its subsequent annual reports those areas in respect of which it waives the right to invoke the said provisions.

1. With regard to the territories referred to in article 35 of the Constitution of the International Labor Organization as amended by the Act of Amendment, 1946 to the Constitution of the International Labor Organization, other than the territories referred to in paragraphs 4 and of that article, each Member which ratifies this Convention, sends to the Director General of the International Labor Office as soon as possible after ratification a statement 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 modified, and the details of those modifications;

(c) the territories in which the Convention would not apply and, in such cases, the reasons why it would not apply to them;

d) the territories in respect of which he reserves his decision.

2. The obligations referred to in subparagraphs "a" and "b" of paragraph 1 of this article shall be considered an integral part of ratification and shall have the same effect as it.

3. Any Member may, by new declaration, withdraw all or part of the reservations contained in its previous declaration by virtue of subparagraphs b, c and d of paragraph 1 of this Article.

4. Any Member may, during the periods 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 reporting on the situation in certain territories.

1. When matters covered by this Convention come within the competence of the authorities of the non-metropolitan territory themselves, the Member responsible for international relationships that territory may, by agreement with the government of that territory, communicate to the Director General of the International Labor Office a declaration accepting the obligations of this Convention on behalf of that territory.

2. A declaration of acceptance of the obligations of this Convention may be addressed to the Director General of the International Labor Office:

a) by two or more Members of the Organization in respect of a territory which is under their joint administration;

b) any international authority responsible for the administration of any territory under the provisions of the Charter of the United Nations or any other regulation in force in respect of such territory.

3. Declarations made to the Director-General of the International Labor Office under the provisions of the preceding paragraphs of this Article shall indicate whether the provisions of the Convention shall apply in the given territory, with or without modification; if the declaration indicates that the provisions of the Convention will be applied mutatis mutandis, it shall specify what those modifications are.

4. The Member or Members of the Organization concerned or an international authority may, by a new declaration, wholly or partly waive the right to invoke the amendments stipulated in any previous declaration.

5. During periods at which the Convention may be denounced in accordance with the provisions of Article 34, the Member or Members of the Organization concerned or an international authority may communicate to the Director General a new declaration modifying in any other respect the terms of any previous declaration and reporting on the status quo with respect to the application of this conventions.

Section IV. FINAL PROVISIONS

Official instruments of ratification of this Convention shall be sent to the Director General of the International Labor Office for registration.

1. This Convention shall bind only those Members of the International Labor Organization whose instruments of ratification have been registered by the Director General.

2. It shall enter into force twelve months after the Director General has registered the instruments of ratification of two Members of the Organization.

3. Subsequently, this Convention shall enter into force in respect of each Member of the Organization twelve months after the date of registration of its instrument of ratification.

1. Any Member which has ratified this Convention may, after a period of ten years from its original entry into force, denounce it by an act of denunciation addressed to and registered by the Director General of the International Labor Office. The denunciation takes effect one year after the registration of the act of denunciation.

2. Each Member which has ratified this Convention which, within one year after the expiration of the period of ten years referred to in the preceding paragraph, has not exercised its right of denunciation provided for in this Article, shall be bound for a further period of ten years and may thereafter be able to denounce this Convention at the expiration of each ten-year period in the manner prescribed in this Article.

1. The Director General of the International Labor Office shall notify all Members of the International Labor Organization of the registration of all instruments of ratification, declarations and denunciations received by him from the Members of the Organization.

2. When 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 on which this Convention shall come into force.

The Director General of the International Labor Office shall send to the Secretary General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, the full details of all instruments of ratification, declarations and denunciations registered by him in accordance with the provisions of the preceding Articles.

Whenever the Governing Body of the International Labor 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 complete or partial revision.

1. In the event that 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 new renegotiating convention shall automatically, notwithstanding the provisions of Article 34, immediately denounce this Convention, provided that the new renegotiating convention has entered into force;

b) as from the date of entry into force of the new revising Convention, this Convention shall be closed for ratification by its Members.

2. This Convention shall in any case remain in force in form and substance with respect to those Members of the Organization which have ratified it but have not ratified the new revising convention.

The English and French texts of this Convention shall be equally authentic.

Convention on Labor Inspection in Industry and Commerce 1

The General Conference of the International Labor Organization, convened at Geneva by the Governing Body of the International Labor Office, and meeting on June 19, 1947, in its thirtieth session, Deciding to adopt a number of proposals for labor inspection in industry and commerce, which is the fourth item on the agenda of the session, and having decided to give these proposals the form international convention, adopts this eleventh day of July in the year one thousand nine hundred and forty-seven the following Convention, which may be cited as the Labor Inspection Convention, 1947:

ChapterI. Labor Inspection in Industry

Article 1

Each Member of the International Labor Organization for which this Convention is in force undertakes to have a system of labor inspection in industrial establishments.

Article 2

1. The system of labor inspection in industrial establishments covers all establishments in respect of which labor inspectors are required to ensure that the provisions of the law relating to working conditions and the protection of workers in the course of their work are applied.

2. National legislation may exempt mining and transport enterprises or parts of these enterprises from the operation of this Convention.

Article 3

1. The task of the labor inspection system is to:

a) ensuring the application of legal provisions in the field of working conditions and safety of workers in the course of their work, such as the provisions on the length of the working day, wages, labor safety, health and welfare, the use of labor by children and adolescents and other similar issues, to the extent that in which labor inspectors are to enforce the said provisions;

b) providing employers and workers with technical information and advice on the most effective means of complying with legal provisions;

c) bringing to the attention of the competent authority the facts of violations or abuses that are not subject to existing legal provisions.

2. If other functions are entrusted to labor inspectors, they must not interfere with the exercise of their essential functions or prejudice in any way the authority or impartiality required by inspectors in their dealings with employers and workers.

Article 4

1. To the extent that this is consistent with the administrative practice of a Member, the labor inspectorate shall be subject to the supervision and control of the central authority.

2. In the case of a federal state, the expression "central organ" may mean either the central organ of the federation or the central organ 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 carrying out similar activities, on the other;

b) cooperation between employees of the labor inspectorate and employers and workers or their organizations.

Article 6

The inspectorate's staff consists of civil servants whose status and working conditions ensure the stability of their position and make them independent of any changes in government or any undue outside influence.

Article 7

1. Subject to the provisions to which national law may make the recruitment of employees of public institutions, labor inspectors shall be recruited solely on the basis of the suitability of the candidate for the tasks to be assigned to him.

2. The methods for checking such suitability shall be determined by the competent authority.

3. Labor inspectors receive appropriate training for the performance of their functions.

Article 8

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

Article 9

Article 10

The number of labor inspectors should be sufficient to ensure the effective performance of the functions of the inspection service; it is set according to:

a) the importance of the tasks to be performed by inspectors, and in particular:

i). the number, nature, size and location of establishments subject to inspection control;

ii). the number and categories of workers employed at these enterprises;

iii). the number and complexity of the legal provisions they are required to enforce;

b) materiel placed at the disposal of the inspectors, and

c) the practical conditions under which inspection visits must take place in order to be effective.

Article 11

1. The competent authority shall take the necessary measures to ensure that labor inspectors have at their disposal:

a) local offices, equipped in accordance with the needs of the inspection service and available to all interested persons;

b) means of transport necessary for the performance of their functions in the event that there are no appropriate means of public transport.

2. The competent authority shall take the necessary steps to reimburse labor inspectors for all travel expenses and any additional expenses necessary for the exercise of their functions.

Article 12

1. Labor inspectors, provided with documents certifying their authority, have the right to:

a) unhindered access without prior notice and at any time of the day to any enterprise covered by the control of the inspection;

b) to enter during the daytime all buildings which they have reasonable grounds to consider as falling under the control of the inspection;

c) carry out any checks, controls and investigations they may deem necessary to ensure that the statutory provisions are being effectively implemented, and in particular:

i). in private or in the presence of witnesses, ask questions of the employer or the staff of the enterprise in all areas related to the application of legal provisions;

ii). to require examination of any books, registers or documents prescribed by the legislation on working conditions, in order to check their compliance with the legislative provisions and to make copies or extracts of individual places from them;

iii). to require the posting of notices as required by law;

iv). seize or take with you for analysis samples of materials and substances used or processed, provided that the employer or his representative is notified that the materials or substances were seized and removed for this purpose.

Article 13

a) to make, within a specified period, such changes to the facilities as are necessary to ensure the strict application of the statutory provisions for the protection of the health and safety of workers;

b) in the event of an immediate threat to the health and safety of employees, on the adoption of measures to be implemented immediately.

3. If the procedure laid down in paragraph 2 is inconsistent with the administrative and judicial practice of a Member, inspectors shall have the right to apply to the competent authority to issue an order or order that action be taken immediately.

Article 14

Information about accidents at work and about occupational diseases is transmitted to the labor inspectorate in such cases and in the manner prescribed by national legislation.

Article 15

Subject to such exceptions as may be provided by national law, labor inspectors:

a) it is forbidden to participate directly or indirectly in the affairs of enterprises under their control;

b) obligated, under threat of criminal sanctions or appropriate disciplinary measures, not to disclose, even after leaving office, industrial or commercial secrets or industrial processes that they may have learned in the exercise of their functions;

c) it is prescribed that the source of any complaint of deficiencies or violations of legal provisions be treated as absolutely confidential and refrain from informing the employer or his representative that an inspection visit has been made in connection with the receipt of such a complaint.

Article 16

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

Article 17

2. Labor inspectors have the right to decide for themselves whether to issue a warning or advice, rather than initiate or recommend prosecution.

Article 18

Article 19

1. Labor inspectors or local inspection offices shall submit periodic general reports on the results of their activities to the central body of the inspection service.

Article 20

1. The Central Inspection Authority shall publish annual general reports on the activities of the inspection services under its control.

2. These reports are published within a reasonable time, in no case exceeding twelve months after the expiration of the year to which they relate.

3. Copies of the annual reports shall be sent to the Director General of the International Labor Office within a reasonable time after their publication and in any event not later than three months.

Article 21

The annual reports published by the central organ of the inspection service cover the following and other relevant matters, insofar as they come under the control of that central organ:

a) laws and regulations relating to the activities of the labor inspectorate;

b) labor inspection personnel;

c) statistical data on the enterprises covered by the control of the inspection and the number of employees employed in these enterprises;

d) statistics on inspection visits;

e) statistics on violations that have occurred and sanctions applied;

f) statistical data on industrial accidents;

g) statistics on occupational diseases.

ChapterII. Labor Inspection in Trade

Article 22

Each Member of the International Labor Organization for which this Part of this Convention is in force undertakes to have a system of labor inspection in commercial establishments.

Article 23

Article 24

The system of labor inspection in commercial establishments shall comply with the requirements of Articles 3 to 21 of this Convention insofar as they are applicable.

ChapterIII. Various positions

Article 25

1. Any Member which ratifies this Convention may append to its instrument of ratification a declaration stating that its acceptance of obligations under this Convention does not extend to Section II.

2. Any Member which has made such a declaration may at any time revoke it by a subsequent declaration.

3. Any Member for which a declaration made under paragraph 1 of this article is in force shall, in its annual reports on the application of this Convention, report on the state of law and practice in relation to the provisions of section II of this Convention and indicates the extent to which the said provisions have been or are intended to be implemented.

Article 26

Where it is not certain that this Convention applies to any undertaking, or part or service thereof, the matter shall be decided by the competent authority.

Article 27

In this Convention, the term "statutory provisions" means, in addition to provisions of law, arbitration awards and collective agreements having the force of law, the application of which must be enforced by labor inspectors.

Article 28

Article 29

3. Each Member which invokes the provisions of this Article shall indicate in its subsequent annual reports those areas in respect of which it waives the right to invoke the said provisions.

Article 30

1. With respect to the territories referred to in Article 35 of the Constitution of the International Labor Organization as amended by the Act of Amendment of 1946 to the Constitution of the International Labor Organization, with the exception of the territories referred to in paragraphs 4 and 5 of that Article, each Member which ratifies this Convention shall send To the Director General of the International Labor Office, as soon as possible after ratification, 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 modified, and the details of these modifications;

c) territories to which the Convention would not apply and, in such cases, the reasons why it would not apply to them;

d) territories in respect of which he reserves his decision.

2. Obligations referred to in subparagraphs a andbparagraph 1 of this article shall be considered an integral part of the instrument of ratification and shall have the same effect as it.

3. Any Member may, by a new declaration, withdraw all or part of the reservations contained in its previous declaration by virtue of subparagraphsb, With and dparagraph 1 of this article.

4. Any Member of the Organization may, during the periods during which this Convention may be denounced in accordance with the provisions of Article 34, communicate to the Director General a new declaration modifying in any other respect the terms of any previous declaration and reporting on the situation in certain territories.

Article 31

2. A declaration of acceptance of the obligations of this Convention may be addressed to the Director General of the International Labor Office:

a) by two or more Members of the Organization in respect of the territory under their joint administration;

ChapterIV. Final provisions

Article 32

Official instruments of ratification of this Convention shall be sent to the Director General of the International Labor Office for registration.

Article 33

1. This Convention shall bind only those Members of the International Labor Organization whose instruments of ratification have been registered by the Director General.

2. It shall enter into force twelve months after the Director General has registered the instruments of ratification of two Members of the Organization.

3. Subsequently, this Convention shall enter into force in respect of 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 its original entry into force, denounce it by an act of denunciation addressed to the Director General of the International Labor Office for registration. The denunciation takes effect one year after the registration of the act of denunciation.

2. Each Member which has ratified this Convention and which, within one year after the expiration of the period of ten years referred to in the preceding paragraph, has not exercised its right of denunciation provided for in this Article, shall be bound for another period of ten years and may subsequently denounce this Convention at the expiration of each ten years in the manner prescribed in this Article.

Article 35

1. The Director General of the International Labor Office shall notify all Members of the International Labor Organization of the registration of all instruments of ratification and denunciation received by him from the Members of the Organization.

Article 36

The Director General of the International Labor Office shall send to the Secretary General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, the full details of all instruments of ratification and denunciation registered by him in accordance with the provisions of the preceding Articles.

Article 37

Article 38

1. In the event that 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 new revising convention shall automatically, notwithstanding the provisions of Article 34, immediately denounce this Convention, provided that the new revising convention has entered into force;

b) as from the date of entry into force of the new, revising Convention, this Convention shall be closed for ratification by its Members.

2. This Convention shall in any case remain in force in form and substance with respect to those Members of the Organization which have ratified it but have not ratified the new revising convention.

Article 39

The English and French texts of this Convention shall be equally authentic.

_______________

1 Effective date: April 7, 1950. See also Protocol to this Convention adopted in 1995. The Convention is open for ratification both together with the Protocol and separately.

Section I. Labor Inspection in Industry

Article 1

Each Member of the International Labor Organization for which this Convention is in force undertakes to have a system of labor inspection in industrial establishments.

Article 2

2. National legislation may exempt mining and transport enterprises or parts of these enterprises from the operation of this Convention.

Article 3

1. The tasks of the labor inspection system include:

a) Ensuring the application of legal provisions in the field of working conditions and safety of workers in the course of their work, such as provisions on working hours, wages, work safety, health and welfare, the use of child and adolescent labor and other similar matters in that the extent to which labor inspectors are required to enforce the said provisions;

b) providing employers and workers with technical information and advice on the most effective means of complying with legal provisions;

c) bringing to the attention of the competent authority the facts of violations or abuses that are not covered by existing legal provisions.

Article 4

1. To the extent that this is consistent with the administrative practice of a Member, the labor inspectorate shall be subject to the supervision and control of the central authority.

2. In the case of a federal state, the expression "central organ" may mean either the central organ of the federation or the central organ of one of the constituent parts of the federation.

Article 5

The competent authority shall take appropriate measures to promote:

a) effective cooperation between inspection services on the one hand and other government services and public and private institutions carrying out similar activities on the other;

b) cooperation between employees of the labor inspectorate and employers and workers or their organizations.

Article 6

Article 7

2. The methods for checking such suitability shall be determined by the competent authority.

3. Labor inspectors receive appropriate training for the performance of their functions.

Article 8

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

Article 9

Article 10

The number of labor inspectors should be sufficient to ensure the effective performance of the functions of the inspection service; it is set according to:

a) the importance of the tasks to be performed by the inspectors, and in particular:

i). the number, nature, size and location of establishments subject to inspection control;

iii). the number and complexity of the legal provisions they are required to enforce;

b) materiel placed at the disposal of the inspectors, and

c) the practical conditions under which inspection visits must take place in order to be effective.

Article 11

1. The competent authority shall take the necessary measures to ensure that labor inspectors have at their disposal:

a) local offices equipped according to the needs of the inspection service and accessible to all interested persons;

b) the means of transport necessary for the performance of their functions in the event that there are no suitable means of public transport.

2. The competent authority shall take the necessary steps to reimburse labor inspectors for all travel expenses and any additional expenses necessary for the exercise of their functions.

Article 12

1. Labor inspectors, provided with documents certifying their authority, have the right to:

a) unrestricted access, without prior notice and at any time of the day, to any establishment subject to inspection control;

b) to enter during the daytime all buildings which they have reasonable grounds to consider as subject to the control of the inspection;

c) carry out any checks, controls and investigations they may deem necessary to ensure that the legal provisions are being effectively implemented, and in particular:

i). in private or in the presence of witnesses, ask questions of the employer or the staff of the enterprise in all areas related to the application of legal provisions;

iii). to require the posting of notices as required by law;

Article 13

(a) making, within a specified period of time, such modifications to the facilities as are necessary to ensure the strict application of the statutory provisions for the protection of the health and safety of workers;

b) in the event of an imminent threat to the health and safety of workers, to take immediate action.

Article 14

Information about accidents at work and about occupational diseases is transmitted to the labor inspectorate in such cases and in the manner prescribed by national legislation.

Article 15

Subject to such exceptions as may be provided by national law, labor inspectors:

a) it is prohibited to participate directly or indirectly in the affairs of enterprises under their control;

(b) be required, under penalty of criminal sanctions or appropriate disciplinary measures, not to disclose, even after leaving office, trade or business secrets or trade processes that they may have become familiar with in the exercise of their functions;

Article 16

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

Article 17

2. Labor inspectors have the right to decide for themselves whether to issue a warning or advice, rather than initiate or recommend prosecution.

Article 18

Article 19

1. Labor inspectors or local inspection offices shall submit periodic general reports on the results of their activities to the central body of the inspection service.

Article 20

1. The Central Inspection Authority shall publish annual general reports on the activities of the inspection services under its control.

2. These reports are published within a reasonable time, in no case exceeding twelve months after the expiration of the year to which they relate.

3. Copies of the annual reports shall be sent to the Director General of the International Labor Office within a reasonable time after their publication and in any event not later than three months.

Article 21

The annual reports published by the central organ of the inspection service cover the following and other relevant matters, insofar as they come under the control of that central organ:

a) laws and regulations relating to the activities of the labor inspectorate;

b) labor inspection personnel;

c) statistics on establishments subject to inspection control and the number of workers employed in these establishments;

d) statistics on inspection visits;

e) statistics on violations that have occurred and sanctions applied;

f) statistics on industrial accidents;

g) statistics on occupational diseases.

Section II. Labor Inspection in Trade

Article 22

Each Member of the International Labor Organization for which this Part of this Convention is in force undertakes to have a system of labor inspection in commercial establishments.

Article 23

Article 24

The system of labor inspection in commercial establishments shall comply with the requirements of Articles 3 to 21 of this Convention insofar as they are applicable.

Section III. Various positions

Article 25

1. Any Member which ratifies this Convention may append to its instrument of ratification a declaration stating that its acceptance of obligations under this Convention does not extend to Section II.

2. Any Member which has made such a declaration may at any time revoke it by a subsequent declaration.

3. Any Member for which a declaration made under paragraph 1 of this article is in force shall, in its annual reports on the application of this Convention, report on the state of law and practice in relation to the provisions of Section II of this Convention and indicate the extent to which or it is intended to implement these provisions.

Article 26

Where it is not certain that this Convention applies to any undertaking, or part or service thereof, the matter shall be decided by the competent authority.

Article 27

Article 28

Article 29

3. Each Member which invokes the provisions of this Article shall indicate in its subsequent annual reports those areas in respect of which it waives the right to invoke the said provisions.

Article 30

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 modified, and the details of those modifications;

(c) the territories in which the Convention would not apply and, in such cases, the reasons why it would not apply to them;

d) the territories in respect of which he reserves his decision.

2. The obligations referred to in subparagraphs a and b of paragraph 1 of this article shall be considered an integral part of the instrument of ratification and shall have the same effect as it.

3. Any Member may, by new declaration, withdraw all or part of the reservations contained in its previous declaration by virtue of subparagraphs b, c and d of paragraph 1 of this article.

Article 31

2. A declaration of acceptance of the obligations of this Convention may be addressed to the Director General of the International Labor Office:

a) by two or more Members of the Organization in respect of the territory which is under their joint administration;

Section IV. Final provisions

Article 32

Official instruments of ratification of this Convention shall be sent to the Director General of the International Labor Office for registration.

Article 33

1. This Convention shall bind only those Members of the International Labor Organization whose instruments of ratification have been registered by the Director General.

2. It shall enter into force twelve months after the Director General has registered the instruments of ratification of two Members of the Organization.

3. Subsequently, this Convention shall enter into force in respect of each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 34

Article 35

1. The Director General of the International Labor Office shall notify all Members of the International Labor Organization of the registration of all instruments of ratification and denunciation received by him from the Members of the Organization.

Article 36

The Director General of the International Labor Office shall send to the Secretary General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, the full details of all instruments of ratification and denunciation registered by him in accordance with the provisions of the preceding Articles.

Article 37

Article 38

1. In the event that the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise, then:

b) as from the date of entry into force of the new revising Convention, this Convention shall be closed for ratification by its Members.

2. This Convention shall in any case remain in force in form and substance with respect to those Members of the Organization which have ratified it but have not ratified the new revising convention.

Article 39

The English and French texts of this Convention shall be equally authentic.

One of the main sources of regulation of the activities of state labor inspectors is the federal law dated December 26, 2008 No. 294-FZ “On the protection of the rights legal entities and individual entrepreneurs when exercising state control (supervision) and municipal control”. However, today the inspector has a more powerful weapon in his arsenal - international documents ratified by our country. By these acts, labor inspectors not only can, but must be guided in the exercise of their powers, even in cases where Russian legislation dictates something else. This means that employers also need to be guided by these norms in order to understand the limits of the rights and obligations of inspectors conducting inspections.

ON No. 3‘2009

The rights, duties and responsibilities of state labor inspectors are enshrined in the Federal Law of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" (hereinafter - Law No. 294-FZ). However, it must be taken into account that international treaties ratified by the Russian Federation (conventions, agreements, charters, pacts, etc.) are also used to regulate their activities.

Note!
Generally recognized principles and norms international law and international treaties of the Russian Federation are included in the sources Russian law and are superior in legal force to laws.

Provisions of a law or other regulatory legal act that are contrary to the norms of an international document should not be applied, and to resolve the issue that these illegitimate provisions regulated, in fact, one should refer to the provisions of the relevant international document.

Many of these documents, such as the International Covenant on Economic, Social and Cultural Rights (UN, 1966), the European Convention for the Protection of Human Rights and Fundamental Freedoms (Council of Europe, 1950), the CIS Convention on Human Rights and Fundamental Freedoms 1995 etc., do not establish any special requirements for inspections and do not grant any special rights to labor inspectors. These are the acts that general principles and values recognized by the modern world community. Them practical use most effective when it comes to ensuring the fundamental compliance of actions or decisions with the requirements of internationally recognized norms on human rights. In exercising their powers, labor inspectors are, of course, obliged to be guided by such acts. However, these acts do not establish procedural issues for the day-to-day activities of labor inspectorates.

Among the international documents ratified by the Russian Federation, there is a group of acts of a purely practical nature - these are the conventions of the International labor organization(ILO). It is these acts that labor inspectors should be guided by in the exercise of their powers. This rule is emphasized not only at the constitutional level, but also at the level of acts of Rostrud.

So, in paragraph 1.2. section 1 methodological recommendations on the application by officials of Rostrud and its territorial bodies of the provisions of the Federal Law of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" in the exercise of supervision and control of compliance labor law and other regulatory legal acts containing the norms of labor law, approved. by order of Rostrud of January 24, 2011 No. 14, ILO Convention No. 81 “On Labor Inspection in Industry and Trade” (1947) is mentioned among the sources legal regulation activities of Rostrud bodies, including:

rights of authorized officials federal labor inspectorate;
requirements for the implementation and procedure for conducting inspections.

The list of ILO conventions, in which the activities of labor inspectorates are regulated in a substantive and detailed manner, covers not only the 1947 Convention No. 81 “On Labor Inspection in Industry and Trade”, but also the 1995 Protocol to it (both acts were ratified by the Russian Federation in 1998 The Convention was ratified by Federal Law No. 58-FZ of April 11, 1998 and entered into force on the territory of the Russian Federation on July 2, 1999. The Protocol to the Convention was ratified by Federal Law No. 58-FZ of April 11, 1998), as well as Convention No. 129 of 1969 " About labor inspection in agriculture”(to date not ratified by the Russian Federation).

Of course, we are interested in the conventions ratified by our country and therefore not only mandatory for compliance, but also having the quality international treaties priority over federal laws in terms of the hierarchy of sources of legal regulation in the sphere of labor. In this article, we will try to answer the question to what extent Russian legislation is consistent with the provisions of these conventions, and if this does not always happen, then in what way the conventions change the legal context of the activities of labor inspectorates.

GROUNDS AND FREQUENCY OF INSPECTIONS

First of all, we note that the scope of regulation of ILO Convention No. 81 is much wider than its title suggests. Thanks to the 1995 Protocol mentioned above, the Convention has also been extended to “activities in the non-commercial sector of services”, under which, in accordance with paragraph 2 of Art. 1 of the Protocol refers to activities in all categories of workplaces that are not considered industrial or commercial for the purposes of Convention No. 81.

Thus, labor inspectors are authorized to check working conditions in enterprises of any line of activity, unless reservations are made in the documents of ratification on the complete or partial exclusion of bodies from their competence. government controlled, civilian and military personnel of the armed forces, police and other public security services, as well as the penitentiary system (both prison staff and working prisoners). Russian Federation did not make such reservations at the time of ratification.

The next issue that often arises during the preparation and conduct of inspections concerns the confidentiality of the source of information about violations.

Comparison of the norms of the ILO Convention No. 81 and the Labor Code of the Russian Federation on the confidentiality of the source of information about violations

According to part 2 of Art. 358 of the Labor Code of the Russian Federation, the inspector is obliged to consider the source of any complaint from his sphere of competence absolutely confidential and to refrain from providing the employer with information about the applicant if:

verification is carried out in connection with his appeal;
the complainant objects to the disclosure of information about the source of the complaint to the employer.

ILO Convention No. 81 supports the idea of confidentiality of the source of the complaint and supplements these guidelines by requiring the inspector to refrain from reporting that the inspection visit is in any way connected with the receipt of the specified complaint, not only to the employer, but also to his representative, and regardless of the presence or absence of objections from the complainant.

Note that both the Labor Code of the Russian Federation and ILO Convention No. 81 give the applicant “absolutely confidential status”. The legal meaning of this confidential status is not defined in these acts, but we can refer to similar norms of federal legislation on information to clarify it. Using the norms of the relevant federal laws, it is possible to link the concept of “confidentiality of a source” with the obligation to keep it secret, not to name it, not to disseminate information about it, etc.

See, for example, paragraph 2 of Art. 41 of the Law of the Russian Federation of December 27, 1991 No. 2124-1 "On funds mass media", Art. 7 of the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data".

Note! ILO Convention No. 81 prohibits the inspector from naming the applicant even in cases where the applicant himself does not object to this

We believe that this status determines the inadmissibility of disclosure by the inspector of information about the source of the complaint, even if the complainant himself does not object to such disclosure (not to mention cases when it is difficult or impossible to ascertain the opinion of the complainant), since by doing so the inspector would violate the principle "absolute source confidentiality".

When preparing and conducting inspections, the labor inspectorate and the inspectors themselves can also use the very interesting provision of the ILO Convention No. 81 on the frequency of inspections.

Comparison of the norms of the ILO Convention No. 81 and Law No. 294-FZ on the frequency of inspections

Note! According to Art. 16 of ILO Convention No. 81, inspections may be carried out as often and as carefully as necessary to ensure the effective application of the relevant legal provisions.

Law No. 294-FZ limits the start time, frequency and range of subjects for both scheduled and unscheduled inspections. However, ILO Convention No. 81, in fact, blocks the application of this federal norm to inspections conducted by labor inspectors, establishing a different criterion for the admissibility of inspections.

Within the meaning of the provision of ILO Convention No. 81, inspectors should only be concerned with proving that the planned inspection is necessary for the specified purpose - ensuring the effective application of the relevant legislative provisions - and it is possible to inspect any employer at any time and with any frequency, even if the norms of Law No. 294-FZ it's forbidden!

In this regard, the sub. 6 paragraph 11 of Art. 10 of Law No. 294-FZ, which predetermines the refusal of the prosecutor's office to agree on conducting outside scheduled inspection in case of coincidence of the subject of the check and the checked subjects at several checking bodies. The provisions of Art. 16 of ILO Convention No. 81 in this case allow ignoring this requirement, provided that the inspectors have evidence of the need and expediency of such an inspection, regardless of the fact that a similar inspection is carried out by some other supervisory and control body.

POWERS OF THE INSPECTOR

According to Art. 12 of ILO Convention No. 81, a labor inspector, provided that he has documents certifying his authority, is vested with rights both in relation to the actual inspection, and in terms of forcing employers to comply with the law. The first group includes a set of rights to unimpeded passage and a set of rights to conduct inspections, control and investigations. The second group, respectively, includes the right granted to the inspector to demand the adoption of measures to eliminate deficiencies, as well as the right to apply to the competent authorities to take such measures. Let us consider these rights in more detail in the context of Russian legislation.

Complex of rights for free passage

NA No. 11‘2012 The inspector has the right to freely and at any time of the day enter any enterprise in the field of labor inspection control without prior notice. If the inspection is carried out during the daytime, then the inspector has the right to enter all buildings, and not only those that objectively fall within the scope of control of the labor inspectorate, but also those that this inspector has reason to consider falling under its control. Of course, it is better for the inspector to consider in advance whether he has such grounds that in the event of controversial situation do not look for them "on the go." This approach is reproduced almost verbatim in Part 1 of Art. 357 of the Labor Code of the Russian Federation and sub. "a" p. 13 of the Regulations on federal state supervision of compliance with labor laws and other regulatory legal acts containing labor law norms, approved. Decree of the Government of the Russian Federation No. 875 dated September 1, 2012 (hereinafter referred to as Decree of the Government of the Russian Federation No. 875).

However, there is a little intrigue in this issue regarding the rules for warning about the inspection.

Comparison of the norms of ILO Convention No. 81 and Law No. 294-FZ on warning an employer about an inspection

In accordance with the requirements of Law No. 294-FZ, it is possible not to notify the employer of an inspection only if it is carried out on the basis of a complaint in accordance with paragraph 2 of part 2 of Art. 10 of this Law, caused by a threat to the life and health of citizens, causing harm to the life and health of citizens, the threat or occurrence emergency man-made nature, etc. In all other cases, conducting an inspection without warning makes the results of the inspection invalid and subject to cancellation by a higher authority or court at the request of the employer (Article 20 of Law No. 294-FZ). However, ILO Convention No. 81 does not contain requirements for mandatory warning of the employer about the inspection. So can and should the inspector notify the employer in advance of the inspection?

Rostrud tried to answer this question in its order No. 14 dated January 24, 2011. So, in clause 5.6. of this order, it is stated that it is necessary to notify about a scheduled inspection, but about an unscheduled one - only on the condition that this inspection is not carried out on the basis of a complaint and that the inspector, in accordance with ILO Convention No. 81, does not consider that such notification may harm the effectiveness of control .

In fact, ILO Convention No. 81 says nothing about the duties of the labor inspectorate in terms of notifying the employer about the upcoming inspection. From the text of the Convention, its position regarding such notifications is not at all clear. It is clear only that the Convention allows the inspectors themselves to refrain from notifying the employer or his representative about the inspection, if they consider that such notification is capable of prejudicing the effectiveness of the control.

Based on the principles of activity and the main tasks of the labor inspectorate in the form in which they are formulated in Art. 2 and Art. 3 of ILO Convention No. 81, as well as Art. 354 and Art. 355 of the Labor Code of the Russian Federation, it is possible to imagine a situation when the inspection itself “puts a spoke in its wheels”, reducing the effectiveness of control by notifying employers, only if there are systemic problems in the inspection itself. However, the inspection has no right to evade notification of employers, provided for by Law No. 294-FZ, referring to paragraph 2 of Art. 12 of ILO Convention No. 81, since this paragraph exempts from this obligation not the inspectorate itself, but the inspectors. And under the current Russian legislation, labor inspectors are not required to notify the employer of anything like that anyway. Moreover, in relation to unscheduled field inspections, Part 9 of Art. 360 of the Labor Code of the Russian Federation generally prohibits inspectors from notifying the employer of such an inspection if it is carried out at the request or statement of the employee about the violation by the employer of his labor rights or at the request of the employee to inspect the conditions and labor protection at his workplace in accordance with Art. 219 of the Labor Code of the Russian Federation.

N.L. Lyutov, cand. legal Sciences, Associate Professor, Moscow State Law Academy named after. O.E. Kutafina, member of the board of the Association "Lawyers for labor rights»

Non-compliance of Russian legislation with ILO Convention No. 81

In 2008, based on the good wishes of protecting business from the arbitrariness of officials when checking the activities of entrepreneurs, Law No. 294-FZ was adopted.

In paragraph 12 of Art. 8 of this Law establishes that the scheduled inspection of the activities of legal entities and entrepreneurs, which can be carried out no more than once every three years, must be warned at least three days before it begins. Unscheduled field inspection of the activities of entrepreneurs in accordance with paragraph 5 of Art. 10 of Law No. 294-FZ can be carried out by the authorized state body only after agreement with the prosecutor's office at the place of activity of the inspected. This is the only type of inspection in which the State Labor Inspectorate has the opportunity to verify that employers actually comply with the requirements of labor legislation. Obviously, any check with advance warning or limited to the study of documents submitted by the employer itself leaves almost no chance to reveal the facts of real violations of labor laws, even if they are very serious, if the organization has a qualified lawyer.

This procedure for restricting on-site inspections is in direct conflict with ILO Convention No. 81. As indicated in Art. 12 of Convention No. 81, “labor inspectors, provided with documents certifying their authority, have the right: a) unhindered passage without prior notice (emphasis mine. - N. L.) and at any time of the day to any establishment covered by the control of the inspection; b) to enter during the daytime all buildings which they have reasonable grounds to consider as subject to the control of the inspection; c) carry out any checks, controls and investigations which they may deem necessary (emphasis mine. - N.L.) to ensure that legal provisions are effectively enforced.”

At the same time, this law performs the function of protecting small and medium-sized businesses poorly, since there are a lot of formal documents, the maintenance of which is provided for by labor legislation, initially focused on standards big business(mass of local acts, orders, etc.). Small businesses unable to spend significant amounts of money on legal advisors and personnel office work, turns out to be defenseless just in relation to documentary checks, which are practically unlimited. As a result, the provisions of the law, instead of protecting small businesses, protect the most unscrupulous employers who deliberately mislead government agencies and have the financial ability to prepare legally competent, but fictitious documents.

ILO Convention No. 81 in no way changes the current Russian legislation in terms of the rules on warning the employer about the inspection. The inspectorate, as it was obliged to notify employers in all cases, except for cases of verification on the basis of a complaint (clause 2, part 2, article 10 of Law No. 294-FZ), continues to be obliged to notify them, and inspectors were both free from this obligation, and and remain so. And despite the fact that here one can see a discrepancy between this interpretation and the spirit of ILO Convention No. 81, the provisions of which in this case were aimed at ensuring the accuracy and effectiveness of the inspection, the Russian legal system trusts the letter of the law more and therefore defends the legitimacy of the inspection without prior notification by the inspectorate of the inspected employers in a Russian court is likely to be very difficult.

A set of inspection rights

In accordance with Art. 12 of ILO Convention No. 81, the inspector is entitled to carry out any checks, controls and investigations that he may deem necessary in order to ascertain that the legal provisions are being effectively observed. There is no need to be surprised at such a wording, since such streamlined provisions are encountered quite often in international acts.

The main idea of this rule is that for the lawful implementation of these actions it does not matter at all whether such verification is actually necessary. It also doesn't matter if the inspector has any objective grounds for believing that these actions provide real assurance that the law is being effectively enforced. It is also not important whether in this case compliance with the law is checked at the audited enterprise or at some other, for some reason connected with it. According to ILO Convention No. 81, for the legitimacy of any inspection, it is sufficient that the inspector could consider such a check necessary to certify the effectiveness of compliance with legal provisions in any enterprise (not necessarily at the audited one).

Comparison of the norms of the ILO Convention No. 81 and the Labor Code of the Russian Federation on the right of the inspector to freely visit employers in order to conduct their inspection

ILO Convention No. 81 offers a fairly detailed list of activities covered by the right to inspection. However, most of them - the right to ask questions to the employer or the personnel of the enterprise, to demand familiarization with any documents for the purpose of verification, to copy them, to withdraw or take samples for analysis - is also provided for in the Labor Code of the Russian Federation, in Decree of the Government of the Russian Federation No. 5 st. 12 of Law No. 294-FZ.

At the same time, ILO Convention No. 81 harmoniously complements the provisions of Art. 357 of the Labor Code of the Russian Federation.

Thus, ILO Convention No. 81 empowers inspectors to ask questions, while Russian legislation establishes much more useful thing: the right to receive from employers and their representatives documents, explanations and information necessary for the performance of supervisory and control functions.

In addition, ILO Convention No. 81 gives inspectors the right to require access to 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. The Labor Code of the Russian Federation and Decree of the Government of the Russian Federation No. 875 give them the right to request and, more importantly, receive free of charge from employers documents, explanations and information necessary to perform supervisory and control functions.

Finally, ILO Convention No. 81 gives inspectors the right to seize or take with them for analysis samples of materials and substances used or processed, provided that the employer or his representative is notified that the materials or substances were seized and carried away for this purpose. This right significantly expands the powers of labor inspectors established by the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation No. 875, which allow only officially seize (but not “take with you”) these items. According to ILO Convention No. 81, inspectors may simply take such items with them, subject to the sole condition that the employer or his representative be notified that such materials or substances have been seized for the purpose of analysis necessary to ascertain effective compliance with the law. In this case, ILO Convention No. 81 regulates in more detail the nature of such notification.

In conclusion, ILO Convention No. 81 supplements the list of rights of the labor inspector with the right to demand the posting of notices, as provided for by legislative provisions. The content of such announcements is not regulated, which obviously expands the rights of the inspector. It can be assumed that the announcements will contain information that allows workers to better understand their rights and offer them effective and legitimate forms of protection.

RESULTS OF THE CHECK

Based on the results of the inspection, inspectors have the right to both take certain steps to eliminate the violation, and involve other bodies in this. state power authorized to facilitate the enforcement of labor laws. As mentioned above, ILO Convention No. 81 provides inspectors with two rights for these purposes:

the right to demand the adoption of measures to eliminate the identified shortcomings;
the right to apply to the competent authorities to take measures to eliminate such shortcomings. Let's take a closer look at these rights.

The right to demand the adoption of measures to eliminate the identified deficiencies

ILO Convention No. 81 empowers labor inspectors to give orders or require that orders be given to take certain actions that are aimed at eliminating identified deficiencies, if any, in their opinion endanger the health or safety of workers. It can be seen from the text of the Convention that a real threat or any kind of expertise or evidence of its existence is not required in this case: the decision of the inspector to issue such an order or the statement of the corresponding demand will be legitimate if it is based on his own subjective opinion.

This area of activity of labor inspectors is regulated in much more detail in Art. 357 of the Labor Code of the Russian Federation, therefore, the usefulness of the Convention in this case is limited mainly to an indication of the admissibility of the inspectors making a subjectively justified decision to issue the indicated orders and requirements, without the need to confirm the expediency of such a decision by any objective arguments and facts.

Comparison of the norms of the ILO Convention No. 81 and the Labor Code of the Russian Federation on the right of the inspector to demand the adoption of measures to eliminate the identified shortcomings

The right to apply to the competent authorities to take measures to eliminate the identified deficiencies

ILO Convention No. 81 determines that even if it is impossible to issue orders and requirements to eliminate identified shortcomings due to the incompatibility of this procedure with the administrative and judicial practice of the state, inspectors are given the right to apply to the competent authorities for the issuance of appropriate orders or orders to take measures subject to immediate execution. This provision practically does not apply to our country, where the right of inspectors to issue binding orders and prohibitions is established directly in Art. 357 of the Labor Code of the Russian Federation. However, it does provide a clear indication of the importance the ILO attaches to such orders: even in countries where labor inspectors themselves are not empowered to issue such orders, they must be made available through other competent government authorities. This provision of ILO Convention No. 81 clearly shows that no violator of labor legislation in any country should evade responsibility and from the obligation to correct the violations committed, taking advantage of the peculiarities or gaps of national legislation.

Comparison of the norms of the ILO Convention No. 81 and the Labor Code of the Russian Federation on the right of the inspector to apply to the competent authorities to take measures to eliminate the identified shortcomings

In conclusion, we note that today, according to experts, the Russian Federation is seriously violating another provision of ILO Convention No. 81 - Art. 10 on the number of labor inspectors.

Thus, in our country, the number of labor inspectors does not in the least correspond to modern requirements for conducting inspections. Meanwhile, Art. 10 of the ILO Convention No. 81 clearly and unequivocally requires the state that ratified it to provide such a number of inspectors that will allow it to effectively carry out the functions of the inspection service (labor inspectorate). The number of inspectors under the Convention should be determined taking into account, inter alia:

the number, nature, size and location of establishments subject to inspection control;
the number and categories of workers employed at these enterprises;
the number and complexity of the legal provisions they are required to enforce;
material resources placed at the disposal of inspectors;
the practical conditions under which inspection visits must take place in order to be effective.

We have to state with regret that today, according to these indicators, our country has not even come close to complying with the requirements of the ILO Convention No. workers and the practical conditions in which the labor inspector is actually forced to act today.

In general, with the exception of some aspects, it can be said that ILO Convention No. 81 rather does not contradict or significantly changes the current Russian legislation on supervision and control in the sphere of labor, but supplements and develops it in some of the most important areas. The Russian legislator demonstrates awareness of the international obligations of our state in the social and labor sphere.

ILO Convention on Labor Inspection in Industry and Commerce (Russian)

Document's name

CONVENTION No. 81 of the International Labor Organization
"ON LABOR INSPECTION IN INDUSTRY AND TRADE" [rus., eng.]
(Adopted in Geneva on July 11, 1947 at the 30th session of the ILO General Conference)

Publication source

The Convention in Russian is published in the editions:
Bulletin of international treaties. 2002. N 2. S. 22 - 31.
Conventions and recommendations adopted by the International Labor Conference. 1919 - 1956. T. I. - Geneva: International Labor Office, 1991. S. 93 - 804.
Convention on English language published in publications:
Collection of legislation of the Russian Federation. December 10, 2001 N 50. Art. 4650.
Bulletin of international treaties. 2002. N 2. S. 9 - 17.
International Labor Conventions and Recommendations. 1919 - 1951. Volume I. - Geneva: International Labor Office, 1996. P. 477 - 487.

Document type

Multilateral document (except CIS)

Contracting parties

Australia
Austria
Azerbaijan
Albania
Algeria
Angola
Antigua and Barbuda
Argentina
Armenia
Bahamas
Bangladesh
Barbados
Bahrain
Belize
Belarus
Belgium
Benin (Dahomey)
Bulgaria
Bolivia
Bosnia and Herzegovina
Brazil
Burkina Faso (Upper Volta)
Burundi
Great Britain
Hungary
Venezuela
Vietnam
Gabon
Haiti
Guyana
Ghana
Guatemala
Guinea
Guinea-Bissau
Germany (FRG)
Honduras
Grenada
Greece
Denmark
Djibouti
Dominica
Dominican Republic
Egypt
Zimbabwe
Israel
India
Indonesia
Jordan
Iraq
Ireland
Spain
Italy
Yemen
Cape Verde (Cape Verde Islands)
Kazakhstan
Cameroon
Qatar
Kenya
Cyprus
Kyrgyzstan
China
Colombia
Comoros
Congo
Democratic Republic of the Congo (Zaire)
Korea Republic
Costa Rica
Ivory Coast (Ivory Coast)
Cuba
Kuwait
Latvia
Lesotho
Liberia
Lebanon
Libya
Lithuania
Luxembourg
Mauritius
Mauritania
Madagascar (Malagasy Republic)
Macedonia
Malawi
Malaysia
Mali
Malta
Morocco
Mozambique
Moldova
Niger
Nigeria
Netherlands
New Zealand
Norway
United United Arab Emirates
Pakistan
Panama
Paraguay
Peru
Poland
Portugal
Russia
Rwanda
Romania
Salvador
Sao Tome and Principe
Saudi Arabia
Swaziland
Senegal
Saint Vincent and the Grenadines
Serbia and Montenegro
Singapore
Syria
Slovenia
Solomon islands
Sudan
Suriname
Sierra Leone
Tanzania
Tunisia
Turkey
Uganda
Ukraine
Uruguay
Finland
France
Croatia
Central African Republic
Chad
Switzerland
Sweden
Sri Lanka (Ceylon)
Ecuador
Jamaica
Japan
Document note
The Convention entered into force on 07.04.1950.
Russia has ratified the Convention (Federal Law No. 58-FZ of April 11, 1998). The instrument of ratification was deposited with the Director General of the International Labor Office on 02.07.1998. The Convention entered into force for Russia on 02.07.1999.
For a list of ratifications, see the Status of the Convention.
For the English text of the Convention, see document.
Document text

[official translation into Russian]

THE INTERNATIONAL LABOUR ORGANIZATION

CONVENTION No. 81
ON LABOR INSPECTION IN INDUSTRY AND TRADE

General Conference of the International Labor Organization,
convened at Geneva by the Governing Body of the International Labor Office and met on 19 June 1947 in its thirtieth session,
Having decided to adopt a number of proposals on labor inspection in industry and commerce, which is the fourth item on the agenda of the session,
Having determined that these proposals shall take the form of an international convention,
Adopts this eleventh day of July of the year one thousand nine hundred and forty-seven the following Convention, which may be cited as the Labor Inspection Convention, 1947:

Section I. LABOR INSPECTION IN INDUSTRY

Each Member of the International Labor Organization for which this Convention is in force undertakes to have a system of labor inspection in industrial establishments.

1. The system of labor inspection in industrial undertakings shall cover all undertakings in respect of which labor inspectors are obliged to ensure the application of the provisions of the law relating to working conditions and to the protection of workers in the course of their work.
2. National legislation may exempt mining and transport enterprises or parts of these enterprises from the operation of this Convention.

1. The tasks of the labor inspection system include:
a) Ensuring 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, work safety, health and welfare, the use of child and adolescent labor and other similar matters, in to the extent to which labor inspectors are required to enforce the said provisions;
(b) providing employers and workers with technical information and advice on the most effective means of complying with legal provisions;
c) bringing to the attention of the competent authority facts of inaction or abuse that are not covered by existing legal provisions.
2. If other functions are entrusted to labor inspectors, these must not interfere with the exercise of their essential functions and in any way prejudice the authority or impartiality required by inspectors in their dealings with employers and workers.

1. To the extent that this is consistent with the administrative practice of a Member, the labor inspectorate shall be subject to the supervision and control of the central authority.
2. In the case of a federal state, the expression "central organ" may mean either the central organ of the federation or the central organ of one of the constituent parts of the federation.

The competent authority shall take appropriate measures to promote:
a) effective cooperation between inspection services on the one hand and other government services and public and private institutions carrying out similar activities on the other;
b) cooperation between employees of the labor inspectorate and employers and workers or their organizations.

1. Subject to the provisions to which national law may make the recruitment of employees of public offices, labor inspectors shall be recruited solely on the basis of the suitability of the candidate for the tasks to be assigned to him.
2. The methods for checking such suitability shall be determined by the competent authority.
3. Labor inspectors receive appropriate training for the performance of their functions.

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

The number of labor inspectors should be sufficient to ensure the effective performance of the functions of the inspection service; it is set according to:
a) the importance of the tasks to be performed by the inspectors, and in particular:
i) the number, nature, size and location of establishments subject to the control of the inspection;
ii) the number and categories of workers employed in these undertakings;
iii) the number and complexity of the legal provisions they need to enforce;
b) materiel placed at the disposal of the inspectors, and
c) the practical conditions under which inspection visits must take place in order to be effective.

1. The competent authority shall take the necessary measures to ensure that labor inspectors have at their disposal:
a) local offices equipped according to the needs of the inspection service and accessible to all interested persons;
b) the means of transport necessary for the performance of their functions in the event that there are no suitable means of public transport.
2. The competent authority shall take the necessary steps to reimburse labor inspectors for all travel expenses and any additional expenses necessary for the exercise of their functions.

1. Labor inspectors, provided with documents certifying their authority, have the right to:
a) unrestricted access, without prior notice and at any time of the day, to any establishment subject to inspection control;
b) to enter during the daytime all buildings which they have reasonable grounds to consider as subject to the control of the inspection;
c) carry out any checks, controls and investigations they may deem necessary to ensure that the legal provisions are being effectively implemented, and in particular:
i) in private or in the presence of witnesses, question the employer or the staff of the undertaking in all areas relating to the application of the statutory provisions;
(ii) to require the examination of any books, registers or documents prescribed by the legislation on working conditions in order to check their compliance with the legislative provisions and to make copies or excerpts from them in separate places;
iii) require the posting of notices as required by law;
(iv) to seize or take with him for analysis samples of the materials and substances used or processed, provided that the employer or his representative is notified that the materials or substances have been seized and carried away for this purpose.
2. In the event of an inspection visit, the inspector shall notify the employer or his representative of his presence, unless he considers that such notification may prejudice the effectiveness of the control.

1. Labor inspectors are authorized to require action to be taken to remedy deficiencies noted in any facility, equipment or working methods which they have reason to believe endanger the health or safety of workers.
2. In order to enable labor inspectors to take such measures, they shall be empowered, subject to the right of appeal to judicial or administrative authorities which may be provided for by national law, to give orders or require that orders be given:
(a) making, within a specified period, such modifications to the facilities as are necessary to ensure the strict application of the statutory provisions for the protection of the health and safety of workers;
b) in the event of an immediate threat to the health and safety of workers, to take immediate action.
3. If the procedure laid down in paragraph 2 is inconsistent with the administrative and judicial practice of a Member, the inspectors shall have the right to apply to the competent authority for the issuance of an order or order for immediate action to be taken.

Information about accidents at work and about occupational diseases is transmitted to the labor inspectorate in such cases and in the manner prescribed by national legislation.

Subject to such exceptions as may be provided by national law, labor inspectors:
a) it is prohibited to participate directly or indirectly in the affairs of enterprises under their control;
(b) be required, under penalty of criminal sanctions or appropriate disciplinary measures, not to disclose, even after leaving office, trade or business secrets or trade processes that they may have become familiar with in the exercise of their functions;
c) it is required to treat as absolutely confidential the source of any complaint about deficiencies or violations of legal provisions and to refrain from informing the employer or his representative that an inspection visit has been made in connection with the receipt of such a complaint.

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

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

1. Labor inspectors or local inspection offices shall submit periodic general reports on the results of their activities to the central body of the inspection service.
2. These reports are drawn up in accordance with the instructions of the central authority and cover matters indicated from time to time by that authority; they shall be presented at least as often as the central authority requires, but in any case not less than once a year.

1. The Central Inspection Authority shall publish annual general reports on the activities of the inspection services under its control.
2. These reports are published within a reasonable time, in no case exceeding twelve months after the expiration of the year to which they relate.
3. Copies of the annual reports shall be sent to the Director-General of the International Labor Office within a reasonable time after their publication and in any event not later than three months.

The annual reports published by the central organ of the inspection service cover the following and all other relevant matters in so far as they come under the control of that central organ:
a) laws and regulations relating to the activities of the labor inspectorate;
b) labor inspection personnel;
(c) statistics on establishments subject to inspection control and the number of workers employed in these establishments;
d) statistics on inspection visits;
e) statistics on violations that have occurred and sanctions applied;
f) statistics on industrial accidents;
g) statistics on occupational diseases.

Section II. LABOR INSPECTION IN TRADE

Each Member of the International Labor Organization for which this Part of this Convention is in force undertakes to have a system of labor inspection in commercial establishments.

The system of labor inspection in commercial establishments extends to those establishments in respect of which labor inspectors are obliged to ensure the application of statutory provisions relating to working conditions and to the protection of workers in the course of their work.

The system of labor inspection in commercial establishments shall comply with the requirements of Articles 3 to 21 of this Convention insofar as they are applicable.

Section III. MISCELLANEOUS PROVISIONS

1. Any Member which ratifies this Convention may append to its instrument of ratification a declaration stating that its acceptance of obligations under this Convention does not extend to Title II.
2. Any Member which has made such a declaration may at any time revoke it by a subsequent declaration.
3. Any Member for which a declaration made under paragraph 1 of this Article is in force shall, in its annual reports on the application of this Convention, report on the state of law and practice in relation to the provisions of Section II of this Convention and indicate the extent to which the implementation or it is intended to implement these provisions.

Where it is not certain that this Convention applies to any undertaking, or part or service thereof, the matter shall be decided by the competent authority.

The annual reports submitted pursuant to article 22 of the Constitution of the International Labor Organization shall give details of all provisions of national law giving effect to the provisions of this Convention.

1. Where there are large areas in the territory of a Member where, owing 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 exempt such areas from the application of the Convention, either at all or with such exceptions for certain enterprises or professions, which he considers appropriate to make.
2. Each Member of the Organization, in its first annual report on the application of this Convention, submitted in accordance with Article 22 of the Constitution of the International Labor Organization, shall indicate all the areas in respect of which it intends to avail itself of the provisions of this Article, and the reasons for which it intends to avail itself of these provisions. No Member of the Organization, after the submission of its first annual report, may invoke the provisions of this article except in respect of the areas specified in that report.
3. Each Member which invokes the provisions of this Article shall indicate in its subsequent annual reports those areas in respect of which it waives the right to invoke the said provisions.

1. With regard to the territories referred to in article 35 of the Constitution of the International Labor Organization as amended by the Act of Amendment of 1946 to the Constitution of the International Labor Organization, other than the territories referred to in paragraphs 4 and 5 of that article, each Member of the Organization which ratifies this Convention , shall send to the Director-General of the International Labor Office, as soon as possible after ratification, 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 modified, and the details of those modifications;
(c) the territories in which the Convention would not apply and, in such cases, the reasons why it would not apply to them;
d) the territories in respect of which he reserves his decision.
2. The obligations referred to in subparagraphs "a" and "b" of paragraph 1 of this article shall be considered an integral part of ratification and shall have the same effect as it.
3. Any Member of the Organization may, by a new declaration, withdraw all or part of the reservations contained in its previous declaration by virtue of subparagraphs b, c and d of paragraph 1 of this article.
4. Any Member of the Organization may, during the periods during which this Convention may be denounced in accordance with the provisions of Article 34, communicate to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and reporting on the situation in certain territories.

1. When matters covered by this Convention come within the purview of the authorities of a non-metropolitan territory themselves, the Member responsible for the foreign relations of that territory may, by agreement with the government of that territory, communicate to the Director General of the International Labor Office a declaration accepting the obligations of this Convention on behalf of such territory.
2. A declaration of acceptance of the obligations of this Convention may be addressed to the Director General of the International Labor Office:
a) by two or more Members of the Organization in respect of a territory which is under their joint administration;
b) any international authority responsible for the administration of any territory under the provisions of the Charter of the United Nations or any other regulation in force in respect of such territory.
3. Declarations made to the Director General of the International Labor Office in accordance with the provisions of the preceding paragraphs of this article indicate whether the provisions of the Convention shall apply in the given territory, with or without modification; if the declaration indicates that the provisions of the Convention will be applied mutatis mutandis, it shall specify what those modifications are.
4. The Member or Members of the Organization concerned, or an international authority, may, by means of a new declaration, wholly or partly waive the right to invoke the amendments stipulated in any previous declaration.
5. During periods at which the Convention may be denounced in accordance with the provisions of Article 34, the Member or Members of the Organization concerned, or an international authority, may communicate to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and reporting on the status quo with respect to the application of this conventions.

Section IV. FINAL PROVISIONS

Official instruments of ratification of this Convention shall be sent to the Director General of the International Labor Office for registration.

1. This Convention shall bind only those Members of the International Labor Organization whose instruments of ratification have been registered by the Director-General.
2. It shall enter into force twelve months after CEO register the instruments of ratification of two members of the Organization.
3. Subsequently, this Convention shall enter into force in respect of each Member of the Organization twelve months after the date of registration of its instrument of ratification.

1. Any Member which has ratified this Convention may, after a period of ten years from its original entry into force, denounce it by an instrument of denunciation addressed to and registered with the Director General of the International Labor Office. The denunciation takes effect one year after the registration of the act of denunciation.
2. Each Member of the Organization which has ratified this Convention which, within one year after the expiration of the period of ten years referred to in the preceding paragraph, has not exercised its right of denunciation provided for in this Article, shall be bound for another period of ten years and may thereafter be able to denounce this Convention at the expiration of each ten-year period in the manner prescribed in this Article.

1. The Director General of the International Bureau shall notify all Members of the International Labor Organization of the registration of all instruments of ratification, declarations and denunciations received by him from Members of the Organization.
2. When 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 on which this Convention shall come into force.

The Director-General of the International Labor Office shall send to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, the full details of all instruments of ratification, declarations and denunciations registered by him in accordance with the provisions of the preceding Articles.

1. In the event that 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 a new revising convention shall automatically, notwithstanding the provisions of Article 34, immediately denounce this Convention, provided that the new revising convention has entered into force;
b) as from the date of entry into force of the new revising Convention, this Convention shall be closed for ratification by its Members of the Organization.
2. This Convention shall in any event remain in force in form and substance with respect to those Members of the Organization which have ratified it but have not ratified the new revising Convention.

The English and French texts of this Convention shall be equally authentic.