LI-Audit-Methodology finaldraft - 070308

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ILO PROGRAMME AND BUDGET 2008-09

LABOUR INSPECTION AUDITS –

A METHODOLOGY














Introduction

1. Effective labour inspection, as a main part of labour administration, is vital
in ensuring that the principles of international labour standards are
implemented at the enterprise level and in promoting good governance in
the world of work, making Decent Work a reality. It helps to promote and
ensure compliance with national legislation, such as on occupational
safety and health, on working conditions, and on other aspect of the
employment relationship, and increases the effectiveness of employment
and work policies at the enterprise level, preventing the conflict and
promoting social peace. However, in a rapidly changing world of work,
labour inspectorates often face significant challenges in carrying out their
functions effectively, they may be poorly resourced and their impact in the
workplace, especially in the informal economy, can be minimal.

2. In its Programme and Budget for 2008-09, therefore, the ILO agreed to
several actions to help reinvigorate and modernize labour inspection,
including a joint immediate outcome to increase member States’ capacity
to carry out labour inspection. This joint outcome contained specific
targets for (1) carrying out tripartite labour inspection audits, (2)
formulating and implementing national action plans, and (3) highlighting
the need for more resources for inspection. It was also agreed that labour
inspection should be integrated more effectively with other related
programmes, notably Decent Work Country Programmes and those on
occupational safety and health, working conditions, migrant workers,
HIV/AIDS, forced labour, child labour, etc.

3. This document is just concerned with labour inspection audits mentioned
above. Labour administration and labour inspection audits are not new and
much experience has already been gained from audits carried out by the
ILO’s In Focus Programme for the Promotion of Social Dialogue, Labour
Legislation and Labour Administration (IFP/Dialogue) and the
International Programme on Safety and Health at Work and the
Environment (SafeWork). These included audits carried out in Argentina
(1989) Panama (1995), Haiti (1998), Bolivia (2000), Luxembourg (2002)
and Latvia (2005), as well as partial assessments in Brazil and Chile in the
early 1990s.

4. The methodology contained in the document is thus based on experience
gained in previous audits and in other related actions carried out by
dialogue and safe work. Importantly, the methodology does not provide a
basis for criticism of specific national legislation, policies programs, or
administrative procedures per se, but rather enables auditors to analyze the
1 system for applying them in practice and to compare them with other
national standards.

5. The scope of the audits should be as broad as possible, covering labour
inspection activities at both the central and territorial levels, based on
national administrative divisions. The audits should cover labour
inspection activities in all sectors of employment, as foreseen in relevant
1
International Labour Standards , including the informal economy.
Although inspectorates often have no legal mandate for enforcing labour
legislation in relation with some workers on the informal economy (such
as independent workers), many seek to extend their influence to
enterprises that are not strictly covered by labour law, doing so indirectly
through their participation in national campaigns, working with the media
and educational and training associations, raising overall awareness of the
need for worker protection. Such approaches were envisaged by the
Labour Inspection Convention, 1947 (No.81).

6. Social dialogue is vital for labour inspection to be effective, and
employers and workers’ organizations and other social partners should
cooperate fully with Ministries of Labour and their inspectorates in
carrying out these audits. The audits should evaluate working relationships
between the different partners and the effectiveness of any tripartite or
bipartite bodies that exist to direct or support labour inspection activities.
Relationships with the judiciary, social security institutions and
educational and training organizations etc should also be considered.

7. Previous audits have considered how labour law and policies can be
applied more effectively, with any technical assistance provided as
relevant as possible to what can be achieved nationally. The aim has been
to ensure that Ministries of Labour have sufficient capacity to develop
sustainable labour inspections programs, and in this context it has been
important to analyze how labour administration is organised so that best
use is made of any technical assistance provided.

8. Finally, it should be noted that in November 2007 the ILO Governing
Body agreed to launch a campaign to promote the universal ratification of
ILO priority Conventions, which include those on labour inspection
(Conventions Nos 81 and 129). This should be taken into consideration
when conducting these audits.

1 Such as the Labour Inspection Convention 1947 (No. 81) and the Occupational Safety and Health
Convention 1981 (No. 155) and their accompanying Recommendations.
2 Labour inspection: an overview

9. Perhaps the most important overall justification for these audits is to
promote high standards of professionalism in labour inspection globally.
Labour inspectors are often regarded as professional civil servants, and as
such they should be thoroughly competent and able to carry out their work
to high ethical and technical standards. This presumes good selection and
recruitment processes, high academic qualifications on entry into service –
many inspectors are recruited as graduates – and high standards of
personal integrity and in-service training. This has important implications
for organisation, funding and resourcing, for recruitment procedures and
for training. The issue of ethical behaviour is dealt with in a recent ILO
2publication ; further guidance on this subject will be developed shortly.

10. Labour inspection is traditionally one of the functions of Ministries of
Labour or equivalent government departments, and inspectorates are
generally well established. Labour Inspection Conventions have been
reasonably well ratified: as at January 2008, 137 countries had ratified the
Labour Inspection Convention, 1947 (No.81) and 45 the Labour
Inspection (Agriculture) Convention, 1969 (No.129). This provides a
strong platform on which to proceed with audits, but in recent years
Ministries of Labour have often suffered from significant shortfalls in
government funding, especially in developing countries. This has meant
that in practice labour inspection budgets usually represent a tiny fraction
of the overall government budget, which inevitably limits the
inspectorates’ effectiveness and efficiency.

11. It is also the ILO’s aim to see greater resources being allocated to labour
inspectorates and this is further considered below. Inspectors must be
properly selected and trained, have satisfactory remuneration and career
progression, and be provided with decent offices, computers and other
facilities. Sufficient and suitable transport for inspectors to carry out site
visits is also essential.

12. Nevertheless, some improvements in performance can be achieved without
great budget increases, through better organisation, perhaps restructuring,
and by adopting modern working practices. Better coordination with other
government ministries may also enhance performance, as might better
collaboration with social partners and other organisations, such as
educational and training institutions or safety and health services.


2
A Toolkit for Labour Inspectors, a Model Enforcement Policy, a training and operations Manual and a
Code of Ethical Behaviour, ILO, 2006 -
http://www.ilo.org/public/english/protection/safework/li_suppliers/download/inspection/toolkit_for_labour
_inspectors_budapest.pdf

3
Organization

13. Good management practices and procedures for labour inspection are
therefore vital, making best use is made of available resources. Ministries
of Labour and their inspectorates need to plan strategically, setting clear
policies, objectives and priorities with appropriate time frames. Programs
and human and financial resources should be based on the specific needs
and activities of the centralized and decentralized services. Targets and
indicators of success should also be agreed, so that the effectiveness of
such programs can be properly monitored and evaluated. Audits should
thus consider both national and regional/local administrative structures,
noting that social partners need to be engaged in meaningful dialogue at
both national and regional/local levels.

14.