No. 81 - Labour Inspection, 1947

Provisions

• Ratifying countries are required to maintain a system of labour inspection in industry and commerce.
• The inspection staff must comprise a sufficient number of adequately trained public officials with the status and stability of employment to make them independent of changes of government and of improper influences.
• There must be enough inspectors to carry out their duties effectively and they are to be provided with the necessary resources.
• The functions of the labour inspection system are:
  • to enforce the legal provisions relating to conditions of work and the protection of workers;
  • to inform and advise employers and workers on how they can best comply with the laws; and
  • to advise the competent authority of defects or abuses not specifically covered by existing legal provisions.
• Inspectors are to have free right of entry to workplaces at any time without previous notice and to carry out any examination or enquiry they consider necessary to satisfy themselves that the legal provisions are being strictly observed.
• Inspectors must have the power to take steps to remedy defects they find in plant, layout or working methods that they believe constitute a threat to the health or safety of workers.
• National laws are to provide penalties for violations of the laws that labour inspectors administer, and for obstructing inspectors in the course of their duties.
• Labour inspectors must report periodically to the central inspection authority, and that authority must publish an annual general report on the work of the inspection services under its control.

Administered by

Department of Labour

• Disabled Persons Employment Promotion Repeal Act 2007
• Employment Relations Act 2000
• Health and Safety in Employment Act 1992
• Health and Safety in Employment Amendment Act 2006
• Holidays Act 2003
• Minimum Wage Act 1983
• Minimum Wage Order 2008
• Parental Leave and Employment Protection Act 1987
• Parental Leave and Employment Protection Amendment Regulations 2006

There are additional pieces of legislation that are relevant to this Convention; however the aforementioned Acts are the key pieces of legislation.

How New Zealand implements it

• The Department of Labour operates two inspectorates:
  • the labour inspectorates of the Workplace Services, Workplace Group provide advice and information to employers and employees on the statutory terms and conditions of employment, and investigate complaints about breaches; and
  • the health and safety inspectorates of the Occupational Safety and Health Service carry out inspections, investigations and audits, and enforce the health and safety legislation. An important role of the Service is advice and education.
• The Department of Labour Workplace Contact Centre has established a Small Business Information Unit. The Contact Centre is the first point of contact for information and assistance on workplace matters including employment relations and occupational health and safety.
• All people appointed as inspectors are appointed by the Secretary of Labour and their employment can only be terminated by the Secretary.
• Inspectors have free right of entry to premises and the power to require health and safety defects to be remedied. When appropriate or necessary, they can issue demand notices for non-compliance, or pursue breaches in the Employment Relations Authority (labour inspectors) or the District Court (health and safety inspectors).
• The annual report of the inspectors' activities is published as part of the annual report of the Department of Labour.
• The Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 amended the Parental Leave and Employment Protection Act 1987 by extending entitlement to government funded paid parent leave to persons who are self-employed. This amendment has provided for Labour Inspectors to make determinations in respect of self-employed persons as Labour Inspectors previously had no role in applying employment related entitlements to persons who are self-employed.
• The Department of Labour reviews the minimum wage rates on an annual basis. The applicable minimum wage rates are provided for by Minimum Wage Orders. The current Minimum Wage Order is the Minimum Wage Order 2008.

This Convention is not applicable to Tokelau.

Ratified - 30 November 1959

Total ratifications - 137

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