Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Labour Inspection Convention, 1947 (No. 81) - Benin (Ratification: 2001)

The Committee notes the Government’s first report. It also notes Act No. 98-004 of 27 January 1998 issuing the Labour Code, Act No. 86-013 of 26 February 1986 issuing the general conditions of service of permanent State officials and Order No. 008/MFPTRA/DC/SGM/DTSST of 10 February 2000 respecting the functions of medically qualified labour inspectors. The Committee requests the Government to provide a copy of any text governing the organization, operation and functions of the labour inspectorate.

It would be grateful if the Government would also provide a copy of Decree No. 85-375 of 11 September 1985 and any other text currently in force governing the status and conditions of service of labour inspectors.

Article 7, paragraph 3, and Article 10 of the Convention. According to the Government, training sessions for labour inspectors and supervisors are organized annually, especially in the framework of ILO technical assistance. It indicates, however, that the difficulties in applying the Convention are related to the lack of human resources and the lack of knowledge of labour inspectors in the field of occupational health and safety. The Committee would be grateful if the Government would provide information on any measures adopted or envisaged to improve the capacity of labour inspectors and supervisors in this area to strengthen the staff of the inspection services and on the results achieved.

Article 8. The Committee requests the Government to indicate whether there are any women among the inspection staff and whether they are assigned any special duties.

Article 11. The Committee would be grateful it the Government would provide a copy of Decree No. 2000-644 of 29 December 2000 and of any other text on the arrangements for reimbursing the travel and incidental expenses incurred by labour inspectors and supervisors in the performance of their duties.

Article 16. The Committee requests the Government to provide information on the number of inspections carried out per year and per inspector and the frequency and different types of inspections of the workplaces liable to inspection.

Article 17. Noting that section 271 of the Labour Code authorizes labour inspectors to initiate legal proceedings directly against persons responsible for violations, the Committee requests the Government to indicate whether the legislation envisages exceptions in cases in which previous notice to carry out remedial measures is to be given (paragraph 1) and whether it is left to the discretion of labour inspectors to give warning and advice instead of instituting proceedings (paragraph 2).

Article 18. The Committee requests the Government to provide copies of the decrees and orders envisaged by the provisions of the Labour Code respecting working conditions and the protection of workers while engaged in their work (hours of work, occupational health and safety, social protection).

Article 19. The Government is asked to provide a copy of a number of periodical reports made by the labour inspectors.

Articles 20 and 21. The Committee requests the Government to indicate the measures adopted or envisaged to give effect to these two Articles of the Convention which provide that the central inspection authority shall publish and transmit to the ILO, within the time-limits envisaged in Article 20, an annual general report on the work of the inspection services under its control, containing information on the items set forth in Article 21(a) to (g).