Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Labour Administration Convention, 1978 (No. 150) - Benin (Ratification: 2001)

The Committee notes the Government’s first report and the legislation communicated concerning the areas covered by the Convention: Act No. 98-04 of 27 January 1998 enacting the Labour Code; Act No. 98-019 of 21 March 2003 enacting the Social Security Code; Decree No. 2002-369 of 22 August 2002 on the duties, structure and functioning of the Ministry of Public Service, Labour and Administrative Reform; Decree No. 2001-350 of 6 September 2001 on the duties, structure and functioning of the Ministry of Industry, Commerce and Promotion of Employment; Decree No. 2000-490 of 9 October 2000 approving the regulations governing the Employment and Training Observatory; Order No. 2002-026 of 21 March 2002 on the duties, structure and functioning of the Department of Training and Promotion of Employment; Order No. 2002-022 of 15 March 2002 on the duties, structure and functioning of the Employment and Training Observatory; Order No. 2003-024/MICPE/DC/SG/CIPEN/SA of 16 May 2003 on the duties, structure and functioning of the National Coordinating Office for New Employment Initiatives and Projects.

The Committee would be grateful if the Government would also communicate a copy of Decree No. 2001-443 of 5 November 2001 on the duties, structure and functioning of the Ministry for the Coordination of Government Action, Forward Planning and Development, which has not been received by the ILO, as well as any text relating to the duties and functioning of the Department of the Merchant Marine, and any other text adopted in relation to the provisions of the Convention during the period covered by its next report.

Article 2 of the Convention. Labour administration activities delegated or entrusted to non-governmental organizations. The Committee notes that, although the legislation has not made provision for such delegation, associations exist such as the Beninese Association for Occupational Health and Safety (ASBESST) and the Beninese Association of Occupational Health and Safety Nurses (ABISST), which group together occupational health physicians and nurses. The Committee would be grateful if the Government would provide details of the services dispensed by these two associations in the context of the labour administration system, and the nature of their relations with labour administration bodies, if applicable.

Article 5. Tripartite consultation, cooperation and negotiation. The Committee notes that a large number of consultative bodies have been established, such as the National Labour Council, the Joint National Committee on Collective Agreements and Wages, and the National Committee on Occupational Health and Safety. It notes with interest that the system of consultation will probably be reviewed when the national labour policy is adopted, with a view to promoting an integrated approach in the areas covered. It requests the Government to provide information on the issues debated within various committees and on their impact on changes in the labour administration system and on its effectiveness at the legislative and practical levels.

Article 7. Extension of the functions of the system of labour administration to non-wage workers. The Committee notes with interest that workers in the agricultural sector, particularly cotton growers, come under the occupational health plan of the technical department of the Ministry of Agriculture. The extension of measures to prevent occupational risks to workers in the informal agricultural and craft sector and to workers covered by (b), (c) and (d) of this Article is envisaged in the context of the future national labour policy. Also noting that mutual social security organizations have already been set up for workers in the unstructured sector, the Committee requests the Government, firstly, to specify the criteria adopted by national legislation for defining non-wage workers and, secondly, to provide information on measures actually taken for the gradual implementation of this Article.

Article 10. Status and qualifications of labour administration system staff and material means allocated. The Government’s report refers, with regard to these issues, to the information contained in the report on the Labour Inspection Convention, 1947 (No. 81). However, this information only concerns labour inspectors. The Government is therefore requested to provide the detailed information required under this Article in the report form.

Part IV of the report form. Functioning of the various labour administration bodies. Noting that, according to the Government, the information on the functioning of the various labour administration bodies should be available when the national labour policy is adopted, the Committee would be grateful if the Government would attach to its next report copies of the activity reports of those bodies or extracts of such reports, as well as any relevant information or publication.