Labour inspection shall be undertaken by specialized inspectors attached to the Ministry of Labour and Social Affairs, and having the prerogatives and powers provided for in this law. Labour inspectors shall carry cards issued by the Ministry of labour and Social Affairs certifying their capacity.
Labour inspectors shall have the following powers:
- Control the proper implementation of the provisions of the Labour Law particularly in respect of the conditions of work, remuneration and protection and safety of employees during the performance of their duties and such other matters related to the health and safety of employees and the employment of juveniles and women.
- Supply employers and employees with information and technical guidance to enable them adopt the best methods for the implementation of the provisions of this law.
- Report to competent authorities, any problems which the existing rules cannot remedy and to propose whatever is necessary to this.
- Make report of cases found in violation of the provisions of the Labour Law, regulations and decisions issued for their implementation.
Before assuming their functions, labour inspectors shall take an oath before the Minister of Labour and Social Affairs that they will honour law, perform their duties sincerely and honestly and that even after cessation from their present posts they shall not divulge any secret or industrial trade mark or other secrets which may come to their knowledge ex officio, and to treat the complaints received by them in full secrecy and shall not disclose to employer or to his agents the contents of such complaints.
The employers and their agents must provide the inspectors designated to perform labour inspection, with , all such necessary facilities and information for the performance of their functions and to comply with the summons to appear before them and to send their representatives when they are requested to do so.
The labour inspector shall have the following powers:
- Enter any establishment governed by the provisions of this Law at any time of the day or night without prior notice provided he performs that during working hours.
- Carry out any inspection or investigation as may be necessary to ensure the proper implementation of the Law, and in particular he shall :
- Interrogate the employer or employees either alone or in presence of witnesses in respect of any matter related to implementation of the provisions of the Law.
- Inspect all documents required to be kept in accordance with the provisions of the Labour Law and decisions made in execution thereof and to obtain photocopies and extracts therefrom.
- Take one or more samples of materials used or related to the industrial operations or in other operations subject to inspection if such materials are believed to be harmful to the health or safety of employees, in order to have them analyzed in government laboratories to determine the extent of harm and inform the employer or his representative of the results and to take appropriate measures in this regard.
- Ensure that notices and publications are displayed conspicuously at the place of business in accordance with the provisions of the Law.
The Minister of Labour and Social Affairs shall issue the necessary regulations for organizing inspection measures stipulated in the preceding Article.
Without prejudice to the provisions of Article 169 hereinabove, any person carrying out inspection must notify the employer or its representative of his presence unless he believes that the purpose of inspection requires otherwise.
A labour inspector may, in order to secure the compliance with the provisions concerning the health and safety of the employees, instruct the employers or their representatives to alter the machines and equipment used by them and to perform this within the time-limits prescribed by him. And in the event where an imminent danger threatens the health and safety of the employees, he may impose any necessary measures aiming at averting such danger immediately.
If during an inspection visit, the inspector finds any violation of this Law, regulations or executive decisions, he shall report the violation in writing and refer the same to the competent Labour Department for necessary action against the offender.
The labour inspector may, if necessary , request the competent administrative authorities and policemen to provide necessary help. In cases where inspection relates to health aspects of the business the inspector must, with the consent of the director of the concerned Labour Department be accompanied by a specialized physician from the Ministry of Health or the physician appointed for this purpose.
The Chief Labour Inspector shall make a monthly report on the activities of labour inspection, areas of inspection, and organizations inspected, number and nature of contraventions made and to make an annual report on inspection in the area showing results and effects of inspection and whatever remarks and proposals he may have with a copy of the monthly and annual reports to be sent to the Labour Department.
The Ministry of Labour shall prepare an annual report on inspection in the State, containing the role played by the Ministry in supervising the application of the Labour Law, and in particular, the following matters:
- A statement on the provisions regulating inspection.
- A statement on officials having the authority to inspect.
- Statistic in respect of inspected establishments, number of employees, number of visits and inspection visits made by the inspectors, as well as violations committed and penalties imposed labour accidents and cases of occupational diseases.
Forms for violation reports, inspection registers, notices and warnings, as well as appropriate regulations to maintain and use them, are to be made and circulated by the Ministry of Labour to labour Departments in different areas.
Subject to the priority given to nationals and to the general pre-requisite conditions for appointment of employees, the labour inspectors are required to :
- Have the character of complete impartiality.
- Have no direct interest in the establishments they inspect.
- Pass a special test in behaviour, following a training course of at least three months.
Special training courses for labour inspectors shall be organized by the Ministry of Labour, during which the inspectors shall in particular receive training on the following:
- Principles of organization of inspection visits and contact with the employers and employees.
- Methods of checking registers and books.
- Principles of guidance of the employers on the interpretation of and the results obtained from the application of the Law provisions, and assisting them in the implementation of such provisions.
- Basic principles of industrial technology and safety methods against labour accidents and occupational diseases.
- Basic principles of self-sufficient production and its effect on maintaining favourable conditions for the performance of the work.