ILO Convention 81 on Labor Inspection. ILO Convention on Labor Inspection in Industry and Commerce (Russian). Section IV. Final provisions

On an unscheduled on-site inspection carried out in connection with the expiration of the deadline for execution by a legal entity, individual entrepreneur previously issued order to eliminate the identified violation mandatory requirements, legal entity, individual entrepreneur are notified by the supervisory authority at least twenty-four hours before the start of the event by any available means.

Before allowing employees of regulatory authorities to perform an inspection, it is imperative to check the information specified in the order or order to ensure that the name of the legal entity or individual entrepreneur corresponds to the actual one, and also to compare the full name. the persons listed in this document with the identification they presented.

If you have any doubts about the legality of the inspection, you can always ask the inspectors to provide the telephone number of the supervisory authority (it is also usually indicated on the order form itself) and clarify whether the order or order to conduct this inspection has been registered.

Copies of the order or order to conduct an inspection, certified by the seal of the relevant regulatory authority, are handed over to the head, authorized representative of the legal entity or individual entrepreneur against signature. In this case, employees of the regulatory body are required to present official identification.

Completion of the inspection Based on the results of the inspection, the officials of the regulatory body conducting the inspection draw up an act in the prescribed form in two copies. Standard form the inspection report is established by the already mentioned Order of the Ministry of Economic Development dated April 30, 2009 N 141.

In case of disagreement with the facts set out in the inspection report, or with the issued order to eliminate the identified violations, those inspected within fifteen days from the date of receipt of the inspection report have the right to submit to the relevant supervisory authority in writing objections in relation to these documents in general or in part of their individual provisions.

Certification of workplaces for working conditions involves assessing working conditions at workplaces in order to identify harmful and (or) dangerous production factors and implementation of measures to bring working conditions into compliance with state regulatory requirements for labor protection.

All workplaces available in the organization are subject to certification of workplaces for working conditions. Assessment of compliance of working conditions with state regulatory requirements for labor protection includes: assessment of compliance of working conditions with hygienic standards; assessment of workplace injury hazards; assessment of the provision of workers with PPE; comprehensive assessment of working conditions in the workplace.

Order 1. Purpose certification commission. 2. Determination of the composition of the commission, and, if necessary, the composition of certification commissions in the structural divisions of the organization 3. The chairman of the certification commission is approved. 4. The terms and schedules for carrying out work to certify workplaces according to working conditions are determined.

The results of certification of workplaces for working conditions are drawn up in the form of a package of documents containing: An order to conduct certification of workplaces for working conditions and involve the Certifying Organization in this work (if necessary); List of workplaces of the organization subject to certification for working conditions, highlighting similar workplaces and indicating the assessed factors of working conditions according to; Copies of documents for the right to carry out measurements and assessments of working conditions by the Certifying Organization (if it is involved);

Workplace certification cards for working conditions; Statements of workplaces of departments and the results of their certification of workplaces for working conditions and summary statement workplaces of the organization and the results of their certification for working conditions; Action plan to improve and improve working conditions in the organization; Minutes of the meeting of the certification commission based on the results of certification of workplaces for working conditions; Order on completion of certification of workplaces and approval of its results.

INNOVATION Since the Order of the Ministry of Health and Social Development of the Russian Federation dated N 342n "On approval of the Procedure for certification of workplaces according to working conditions" was introduced new order carrying out certification of workplaces according to working conditions.

The procedure for preparing for certification of workplaces according to working conditions 1. The employer creates a certification commission, and also determines the schedule for certification work. 2. The certification commission includes representatives of the employer, a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of workers, representatives of the certifying organization. Managers may be included structural divisions organizations, lawyers, human resources specialists, labor specialists and wages, the main specialists of the organization, medical workers and other employees.

In what cases is the Employer required to notify the employment service? What should be reported to the employment service Since 2010, when an individual entrepreneur makes a decision on possible termination employment contracts upon termination of activity or upon reduction of the number or staff of employees, the entrepreneur is obliged, no later than two weeks before the start of the relevant activities, to notify the employment service authorities in writing about this (clause 2 of article 25 of the Law dated “On Employment of the Population in Russian Federation", hereinafter referred to as the Employment Law). Please note that for organizations the notification deadline is two months.

Since 2009, all employers are required to inform the service authorities in writing about the introduction of a part-time working regime, as well as when production is suspended. This must be done within three working days after the relevant decision is made (clause 2 of Article 25 of the Employment Law).

*** If such notification is not sent, the organization may be brought to administrative liability. Article of the Code of Administrative Offenses of the Russian Federation establishes that failure to submit or untimely submission to government agency(official) information (information), the submission of which is provided for by law and is necessary for this body (official) to carry out its legal activities, as well as the submission to a state body (official) of such information (information) in incomplete volume or in a distorted form, except for the cases provided for in Art. Art. 19.8, Code of Administrative Offenses of the Russian Federation, entails the imposition of an administrative fine: - on officials - from 300 to 500 rubles; - on legal entities- from 3000 to 5000 rub.

All employers are required to provide monthly information to the employment service authorities about the availability of vacant jobs (positions) (Clause 3 of Article 25 of the Employment Law). Information on the fulfillment of the quota for hiring disabled people concerns only organizations (Article 21 Federal Law from the city; 181-FZ "On social protection disabled people in the Russian Federation)

Dismissal at the initiative of the employee 1. Submission by the employee of an application for dismissal (with the reason for dismissal) 2. Registration of the application. Setting the date of dismissal 3. Approval of the application by interested parties 4. Drawing up a draft order for dismissal. Signing by the parties 5. Registration of the order. Entering information into the personal T-2 card, work book and personal file of the employee 6. Entering information into the work record book 7. Signing the employee in the work record book, personal T-2 card, work book 8. Issuance work book in the hands of the employee

1. Preparation of documents - grounds for dismissal at the initiative of the employer (acts, memos, orders, etc.) 2. Notification of regulatory authorities, trade union committee(if necessary) 3. Notification of the employee about dismissal, indicating the date 4. Drawing up a draft dismissal order. Signing by the parties 5. Registration of the order. Entering information into the personal T-2 card, work book and personal file of the employee 6. Entering information into the work record book 7. Signing of the employee in the work record book, personal T-2 card, work record 8. Issuing the work record to the employee Dismissal at the initiative of the employer

1. Labor inspection system at industrial enterprises applies to all enterprises in respect of which labor inspectors are required to ensure the application of legal provisions relating to working conditions and the protection of workers in the process of their work.

2. Any member of the Organization which has made such a declaration may at any time revoke it by a subsequent declaration.

3. Any Member of the Organization for which a declaration made in accordance with 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 it has been implemented or it is intended to implement these provisions.

Article 26

Where it is not certain whether 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 “legislative provisions” means, in addition to legal provisions, decisions of arbitration tribunals and collective agreements having the force of law, the application of which must be ensured by labor inspectors.

Article 28

The annual reports submitted in accordance with Article 22 of the Constitution of the International Labor Organization provide detailed information of all provisions of national law which give effect to the provisions of this Convention.

Article 29

1. If there are large areas within the territory of a Member of the Organization 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 exclude such areas from the application of the Convention either generally or with such exceptions in respect of certain enterprises or professions which he considers appropriate to make.

2. Each Member of the Organization shall, 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, indicate all the areas in respect of which it intends to take advantage of the provisions of this article, as well as the reasons why it intends to take advantage of these provisions. provisions. No Member of the Organization may, after the submission of its first annual report, make use of the provisions of this article except in respect of the areas specified in that report.

3. Each Member of the Organization using the provisions of this article shall indicate in its subsequent annual reports those areas in respect of which it waives the right to use 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 1946 Amendment Act to the Constitution of the International Labor Organization, other than the territories referred to in paragraphs 4 and the said Article, each Member ratifying this Convention shall forwards to the Director General of the International Labor Office as soon as possible short term after ratification, a statement indicating:

A) 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) the territories in which the Convention will not apply and, in such cases, the reasons why it is not applicable 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 are considered an integral part of ratification and have the same consequences as it.

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

Article 31

1. Where matters covered by this Convention fall within the competence of the authorities of a non-metropolitan territory themselves, the Member responsible for international relationships of that territory may, by agreement with the Government of that territory, make a declaration to the Director-General of the International Labor Office accepting the obligations under this Convention on behalf of such territory.

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

A) two or more members of the Organization in respect of territory 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 shall indicate whether the provisions of the Convention will apply in the territory concerned, with or without modification; If the declaration indicates that the provisions of the Convention will apply with modifications, it shall specify what exactly those modifications are.

4. The member or members of the Organization or the international authority concerned may, by means of a new declaration, waive wholly or partly the right to invoke changes specified in any previous declaration.

5. During periods when the Convention may be denounced in accordance with the provisions of Article 34, the Member or Members of the Organization concerned or the international authority may address to the Director General a new declaration modifying in any other respect the terms of any previous declaration and stating the existing position with respect to the application of this Convention.

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 binds 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. Thereafter, 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 the date of its initial 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 of the Organization which has ratified this Convention and which, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, does not exercise its right of denunciation provided for in this article, will be bound for a further period of ten years and may subsequently denounce this Convention upon the expiration of each ten-year period in the manner prescribed in this article.

Article 35

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 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 of entry into force of this Convention.

Article 36

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

Article 37

Whenever the Governing Body of the International Labor Office considers it necessary, it shall submit a report to the General Conference on the application of this Convention and decide whether its full or partial revision should be included in the agenda of the Conference.

Article 38

1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides to the contrary, then:

A) the ratification by any Member of the Organization of a new revising Convention shall automatically entail, notwithstanding the provisions of Article 34, the immediate denunciation of this Convention, provided that the new revising Convention has entered into force;

B) from the date of entry into force of the new, revising convention, this Convention is closed for ratification by the Members of the Organization.

2. The present Convention remains in force in any case in form and content in relation to those Members of the Organization that have ratified it, but have not ratified the new revising convention.

Article 39

English and French lyrics of this Convention have equal force.

General Conference of the International Labor Organization,

Convened at Geneva by the Governing Body of the International Labor Office and meeting at its 82nd Session on 6 June 1995,

Whereas the provisions apply only to industrial and commercial establishments,

Whereas the provisions of the Labor Inspection in Agriculture Convention, 1969, apply to commercial and non-commercial agricultural undertakings,

Whereas the provisions of the Occupational Safety and Health Convention, 1981 apply to all industries economic activity, including civil service,

Bearing in mind all the risks to which workers in the non-profit services sector may be exposed and the need to ensure that this sector is subject to the same or greater equally an effective and impartial labor inspection system, such as that provided for in the Labor Inspection Convention, 1947,

Having decided upon the adoption of a number of proposals relating to activities in the non-profit services sector, which is the sixth item on the agenda of the session,

Having decided to give these proposals the form of a Protocol to the Labor Inspection Convention, 1947,

adopts this twenty-second day of June of the year one thousand nine hundred and ninety-five the following Protocol, which may be cited as the 1995 Protocol to the Labor Inspection Convention, 1947:

Section I. Scope, definition and application

1. Each Member which ratifies this Protocol undertakes to extend the application of the provisions of the Labor Inspection Convention, 1947 (hereinafter referred to as the “Convention”) to activities in the non-profit service sector.

2. The term "activities in the non-commercial services sector" means activities carried on in establishments and organizations of all categories which are not considered to be industrial or commercial for the purposes of the Convention.

3. This Protocol applies to all those undertakings and organizations not already covered by the scope of the Convention.

Article 2

1. A Member State ratifying this Protocol may, by means of a declaration annexed to the instrument of ratification, exclude from its scope in whole or in part:

a) the most important national (federal) bodies of state administration;

b) armed forces, including both military and civilian personnel;

c) police and other public security agencies;

d) correctional institutions, including both prison staff and prisoners engaged in work;

if the application of the Convention to any of these categories would raise special problems of a significant nature.

2. A Member State, before exercising the opportunity provided in paragraph 1, shall consult with the most representative employers' and workers' organizations or, in the absence of such organizations, with representatives of the employers and workers concerned.

3. A Member State which has made a declaration in accordance with paragraph 1 shall, in the first report on the application of the Convention submitted in accordance with Article 22 of the Constitution of the International Labor Organization after ratification of this Protocol, indicate the reasons for the exclusion and, where possible, provide for alternative inspection procedures. activities in relation to all objects thus excluded. In subsequent reports, it must indicate any measures that may have been taken to bring them under the provisions of the Protocol.

4. A Member State which has made a declaration in accordance with paragraph 1 may at any time modify its contents or revoke it by means of a subsequent declaration in accordance with the provisions of this Article.

Article 3

1. The provisions of this Protocol shall be applied through national legislation or other means in accordance with national practice.

2. Measures taken for the purpose of applying this Protocol shall be developed in consultation with the most representative employers' and workers' organizations or, in the absence of such organizations, with representatives of the employers and workers concerned.

Section II. Special order

1. A Member State may introduce special procedures for the inspection of workplaces in the most important national (federal) public administration bodies, the armed forces, the police and other public security agencies, as well as correctional institutions, in order to regulate the powers of labor inspectors, as provided for in Article 12 of the Convention, in relation to:

a) access only to inspectors who have received appropriate clearance in advance;

b) carrying out the inspection at the appointed time;

d) removal of confidential documents from the premises;

f) taking and analyzing samples of materials and substances.

2. A Member State may also introduce special procedures for the inspection of workplaces in the armed forces and the police and other public security authorities in order to impose one or more of the following limitations on the powers of labor inspectors:

a) restrictions on inspections during maneuvers or exercises;

b) restriction or prohibition on inspection of units located in the front line or during active operations;

c) limiting or prohibiting inspections during declared periods of tension;

d) restriction on inspection in relation to transport explosives and weapons for military purposes.

3. A Member State may also introduce special procedures for the inspection of workplaces in correctional institutions in order to limit inspections during declared periods of stress.

4. Before a Member State makes use of the special procedure provided for in paragraphs 1, 2 and 3, it shall consult with the most representative employers' and workers' organizations or, in the absence of such organizations, with representatives of the employers and workers concerned.

Article 5

A Member State may introduce special procedures for the inspection of workplaces in fire and other rescue services in order to limit inspections during fire fighting or during rescue or other emergency operations. In such cases, labor inspection authorities conduct examinations of such operations periodically and after each major incident.

Article 6

Labor inspectorates should be able to provide advice on the development of effective measures to minimize the risks arising during vocational training to be fulfilled potentially dangerous work, and participate in monitoring the implementation of such measures.

Section III. Final provisions

1. A Member may ratify this Protocol simultaneously with the ratification of the Convention or at any time after its ratification by sending a formal instrument of ratification of this Protocol to the Director-General of the International Labor Office for registration.

2. The Protocol shall enter into force 12 months after the date of registration by the Director General of the instruments of ratification of two Members of the Organization. Subsequently, this Protocol will enter into force for each Member State of the Organization 12 months after the date of registration by the Director General of its instrument of ratification, and the Convention shall then become binding on the Member State concerned with Articles 1 to 6 of this Protocol.

Article 8

1. Each Member which has ratified this Protocol may denounce it after the expiration of ten years from the date of its initial entry into force by a declaration of denunciation addressed to the Director-General of the International Labor Office for registration. The denunciation will take effect one year after the date of its registration.

2. Each Member of the Organization which has ratified this Protocol and, within the period of one year following the expiration of the ten years specified in the previous paragraph, has not exercised the right of denunciation provided for in this article, the Protocol will remain in force for a further period of ten years and may subsequently denounce it by at the end of each decade in the manner provided for in this article.

Article 9

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 addressed to him by members of the Organization.

2. When notifying the Members of the Organization of the registration of the second instrument of ratification received by them, the Director General draws their attention to the date of entry into force of this Protocol.

3. The Director-General of the International Labor Office shall communicate to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, complete particulars of all ratifications and declarations of denunciation of this Protocol.

The English and French texts of this Protocol are equally authentic.

The Convention and the Protocol entered into force for the Russian Federation on July 2, 1999.

General Conference International Organization Labor,

Convened at Geneva by the Governing Body of the International Labor Office and meeting in its Thirtieth Session on 19 June 1947,

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

Having decided to give these proposals 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 has entered into force undertakes to have a system of labor inspection in industrial undertakings.

1. The system of labor inspection in industrial enterprises applies to all enterprises in respect of which labor inspectors are required to ensure the application of the provisions of the law relating to working conditions and the protection of workers in the process of their work.

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

1. The tasks of the labor inspection system include:

a) ensuring the application of the provisions of legislation in the field of working conditions and the safety of workers in the course of their work, such as provisions on working hours, wages, occupational safety, health and welfare, the use of children and adolescents and other similar matters, in to the extent that labor inspectors are required to ensure the application of these provisions;

b) provision for employers and workers 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 omission or abuse that are not covered by existing legal provisions.

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

1. To the extent consistent with the administrative practice of a Member, labor inspection 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 components federation.

The competent authority shall take appropriate measures to facilitate:

a) effective cooperation between 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 labor inspectors and employers and workers or their organizations.

The inspection staff consists of civil servants whose status and conditions of employment ensure stability in their employment and make them independent of any changes in government or any undue outside influence.

1. Subject to the provisions to which national law may subject the recruitment of employees government agencies, labor inspectors are recruited solely on the basis of the candidate's suitability to perform the tasks that will be assigned to him.

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

3. Labor inspectors shall receive appropriate training to carry out their functions.

Both men and women may be appointed to the inspection staff; When necessary, male and female inspectors may be assigned special tasks accordingly.

Each Member of the Organization accepts necessary measures to ensure that qualified experts and specialists, including medical, mechanical, electrical and chemical specialists, are involved in the work of the inspection in such forms as are considered most appropriate to national conditions, with a view to ensuring the application of legal provisions relating to public health and safety of workers during their work, as well as receive information about the impact of the methods used, materials used and working methods on the health and safety of workers.

The number of labor inspectors must be sufficient to ensure the effective implementation of the functions of the inspection service; it is set taking into account:

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;

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

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

c) the practical conditions under which inspection visits must be carried out 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 in accordance with the needs of the inspection service and accessible to all interested persons;

b) vehicles necessary to carry out their functions in the event that there are no appropriate means of public transport.

2. The competent authority shall take the necessary measures 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 powers, have the right:

a) unimpeded passage without prior notice and at any time of the day to any establishment covered by inspection control;

b) enter daytime into all buildings which they have reasonable grounds to believe are subject to inspection control;

c) carry out any checks, controls and investigations which they may consider necessary to satisfy themselves that the legal provisions are being effectively complied with, and in particular:

i) in private or in the presence of witnesses, question the employer or the personnel of the enterprise in all areas relevant to the application of legal provisions;

(ii) require inspection of any books, registers or documents required to be maintained by legislation relating to working conditions in order to verify their compliance with the legal provisions and to make copies or extracts of particulars thereof;

iii) 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 have been seized and taken away for this purpose.

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

1. Labor inspectors are permitted to require action to correct deficiencies noted in any plant, equipment or work practice which they have reason to believe threatens the health or safety of workers.

2. In order to enable labor inspectors to take such measures, they are authorized, subject to the right of appeal to judicial or administrative authorities as may be provided for by national law, to order or require that an order be given:

(a) to make, within a specified period, such changes to the works as are necessary to ensure strict application of the legal provisions relating to the protection of health and safety of workers;

b) in case of an immediate threat to the health and safety of workers - on the adoption of measures subject to immediate execution.

3. If the procedure established in paragraph 2 is incompatible with the administrative and judicial practice Members of the Organization, inspectors will have the right to apply to the competent authority to issue an order or order the adoption of measures subject to immediate execution.

Information about accidents at work and about occupational diseases in such cases and in such manner as prescribed by national law.

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

a) are prohibited from participating directly or indirectly in the affairs of enterprises under their control;

b) is required, under 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 familiarize themselves in the performance of their functions;

c) is instructed 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 the 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 relevant legal provisions.

1. Persons who violate or evade compliance with legal provisions, the implementation of which are entrusted to labor inspectors, shall be immediately prosecuted without prior notice; however, national law may provide for exceptions in such cases where prior notice must be given in order to correct the situation or take preventive measures.

2. Labor inspectors have the right to decide for themselves whether to issue a warning or give advice rather than initiating or recommending prosecution.

National legislation provides for and effectively enforces appropriate sanctions for violations of legal provisions, the application of which is subject to control by labor inspectors, and for opposition to labor inspectors in the exercise of their duties.

1. Labor inspectors or local inspection bureaus shall submit periodic reports to the central inspection service authority general about the results of its activities.

2. These reports shall be prepared as prescribed by the central authority and shall cover matters specified by that authority from time to time; they are submitted at least as often as required by the central authority, but in any case at least once a year.

1. The central inspection body shall publish annual reports of a general nature on the activities of the inspection services under its control.

2. These reports shall be published within a reasonable period of time, not exceeding in any case 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 no later than three months.

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

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

b) labor inspectorate personnel;

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

d) statistical data on inspection visits;

e) statistical data on violations that have occurred and sanctions applied;

f) statistics on accidents at work;

q) statistical data on occupational diseases.

Section II. LABOR INSPECTION IN TRADE

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

The system of labor inspection in commercial establishments applies to those establishments in respect of which labor inspectors are required to ensure the application of legal provisions relating to working conditions and 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 in so far as they are applicable.

Section III. VARIOUS PROVISIONS

1. Any Member ratifying this Convention may attach to its instrument of ratification a statement indicating that its assumption of obligations under this Convention does not apply to Title II.

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

3. Any Member of the Organization for which a declaration made in accordance with 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 Title II of this Convention and indicate the extent to which it has been implemented or it is intended to implement these provisions.

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

The annual reports submitted in accordance with Article 22 of the Constitution of the International Labor Organization shall give detailed information on all provisions of national legislation which give effect to the provisions of this Convention.

1. If there are large areas within 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 exclude such areas from the application of the Convention either generally or with such exceptions in respect of certain enterprises or professions which he considers appropriate to make.

2. Each Member shall, 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, indicate all the areas in respect of which it intends to take advantage of the provisions of this article, and the reasons why it intends to take advantage of these provisions. provisions. No Member may, after the submission of its first annual report, make use of the provisions of this Article except in respect of the areas specified in that report.

3. Each Member of the Organization using the provisions of this article shall indicate in its subsequent annual reports those areas in respect of which it waives the right to use the said provisions.

1. With respect to the territories referred to in Article 35 of the Constitution of the International Labor Organization as amended by the Amendment Act 1946 to the Constitution of the International Labor Organization, other than the territories referred to in paragraphs 4 and the said Article, each Member ratifying this Convention, sends to the Director General of the International Labor Office, as soon as possible after ratification, a statement indicating:

a) 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 to which the Convention will not apply and, in such cases, the reasons why it is not applicable 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 are considered an integral part of ratification and have the same consequences as it.

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

1. Where matters covered by this Convention fall within the competence of the authorities of a non-metropolitan territory themselves, the Member responsible for the international relations of that territory may, by agreement with the government of that territory, submit to the Director-General of the International Labor Office a declaration accepting the obligations under this Convention on behalf of such territory.

2. An application for acceptance of obligations under this Convention may be addressed to the Director-General of the International Labor Office:

a) two or more Members of the Organization in respect of territory 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 provision in force in respect of such territory.

4. The Member or Members of the Organization concerned or the international authority may, by a new declaration, waive in whole or in part the right to invoke changes specified in any previous declaration.

5. During periods when the Convention may be denounced in accordance with the provisions of Article 34, the Member or Members concerned or the international authority may address to the Director General a new declaration modifying in any other respect the terms of any previous declaration and stating the existing position with respect to the application of this Convention.

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 binds only those Members of the International Labor Organization whose instruments of ratification have been registered by the Director General.

2. It comes into force twelve months after CEO will register documents of ratification of two Members of the Organization.

3. Thereafter, 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 the expiration of a period of ten years from the date of its initial 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 and which, within the year following the expiration of the period of ten years referred to in the preceding paragraph, does not exercise its right of denunciation provided for in this article, will be bound for a further period of ten years and may subsequently denounce this Convention upon 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 Members of the Organization.

2. When notifying Members of the Organization of the registration of the second instrument of ratification received by it, the Director General shall draw their attention to the date of entry into force of this Convention.

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 shall decide whether its full or partial revision should be included in the agenda of the Conference.

1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides to the contrary, then:

a) the ratification by any Member of the Organization of a new revising Convention shall automatically, notwithstanding the provisions of Article 34, entail the immediate denunciation of this Convention, provided that the new revising Convention has entered into force;

b) from the date of entry into force of the new, revising convention, this Convention is closed for ratification by Members of the Organization.

2. This Convention remains in force in any case in form and content in relation to those Members of the Organization that have ratified it, but have not ratified the new revising convention.

The English and French texts of this Convention are equally authentic.

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