Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes the Government’s report which provides only partial replies to its previous comments. The Committee also refers to its comments under the Labour Administration Convention, 1978 (No. 150), in which it notes the analysis carried out by the Ministry of Labour and the Public Service (MTFP) of the situation and future of the labour administration, as well as the proposals made in this context concerning its budgetary and human resources (number of staff, qualifications, training, career plan, etc.) and the organization of its services. The Committee requests the Government to keep the ILO informed of any developments relating to the organization and operation of the labour inspectorate during the period covered by the next report, including any steps taken to obtain any international financial assistance required.

It would be grateful if the Government would also provide information on the impact of the measures expected further to its previous direct request which read as follows:

Articles 2 and 3(1) and (2) and Article 16 of the Convention. Coverage of the labour inspection system. Functions of the labour inspection system and visits to establishments. The Committee notes the adoption, on 28 January 2008, of Order No. 77/MTFP/DC/SGM/SA concerning the responsibilities, organization and functioning of the departmental labour and public service directorates. According to this Order, the departmental labour inspection services are responsible for supervising the application of labour legislation, and the departmental mediation and industrial relation services are competent in matters of conciliation. In its previous comments, the Committee had drawn the Government’s attention to the time devoted to resolving industrial disputes at the expense of carrying out its supervisory duties. From the information provided by the Government in 2008, it appears that the number of inspection visits has been declining constantly since 2004; it decreased from 245 for the first six months of 2004 to 181 for the year 2005, then dropped to 138 in 2007. The Committee requests the Government to indicate why the labour inspectors are carrying out fewer and fewer inspection visits. It would be grateful if the Government could also give, for each departmental labour directorate, the number of supervisors and inspectors assigned to the inspection services and the number of inspectors and supervisors assigned to mediation and industrial relations, specifying whether the same officials are carrying out inspection and conciliation duties at the same time. The Government is also asked to specify the measures taken or envisaged to enable labour inspectors and supervisors to carry out their inspection duties effectively, as defined in the Convention, by conducting inspection visits in the establishments under their control as often and as thoroughly as necessary.

Articles 5(a), 17(1) (2) and Article 18. Effective cooperation between the labour inspection services and the judicial bodies. Legal proceedings and penalties for violations of the labour legislation. The Committee notes that two labour workshops on relations between the labour administration and labour courts were organized in 2008, which were attended by judges and labour inspectors. Noting the Government’s determination to increase this type of contact between judges and labour inspectors, the Committee requests the Government to provide information on the impact of these workshops on the practices of labour inspectors, on the one hand, and on the handling of files submitted to the courts, on the other.

The Committee notes that section 271 of the Labour Code authorizes labour inspectors to initiate legal proceedings directly against persons responsible for violations of labour legislation and regulations. It would seem, however, that, from the information provided by the Government in 2008, violations to labour legislation noted by the labour inspectors – such as the absence of a declaration to the social security fund, the violation of provisions relating to working time or occupational safety and health obligations, or the lack of an employer’s register – only resulted in enforcement notices being sent to the employers. The Committee recalls that, although Article 17(2) leaves it to the discretion of the labour inspectors to decide on their course of action if they note a violation, they must institute proceedings if the enforcement notices have no effect; indeed, it is the only way of ensuring respect for legal provisions concerning labour conditions and worker protection. The Committee therefore requests the Government to take measures to ensure that labour inspectors exercise their authority to prompt proceedings against employers who either ignore orders and advice or continue to neglect their obligations with respect to working conditions and labour protection. It hopes that such measures will be introduced quickly and that information on legal proceedings and the application of appropriate penalties will soon be provided to the ILO.

Article 7(3). Training of labour inspectors. In its previous report received in 2006, the Government raised the possibility of introducing, in the context of a partnership with France, a training of instructors on occupational hazards; it added that a three-year training plan (2007–09) of officials from the Ministry of Labour and the Public Service, including staff from the labour inspection services, was being formulated. The Committee requests the Government to provide information on the content of these projects for the training of labour inspectors, as well as on any other training programmes available to labour inspectors and supervisors when they take up their jobs or in the course of their employment.

Furthermore, the Committee draws the Government’s attention to the following matter.

Articles 19, 20 and 21. Periodic reports and annual report on the work of the labour inspection services. The Committee notes that the annual report on the work of the labour inspectorate for the period covered by the report has not been received. It notes that despite the difficulties faced in establishing a register of workplaces and enterprises, the Government announces measures to establish such register (redeployment of staff and mobilization of resources to collect statistical data). The Government also refers to a meeting held on 17–18 August 2010 in which various actors from the world of work participated in order to establish an exchange of information on their respective roles in implementing the ratified Conventions. The Committee emphasizes that an annual report as required by the Convention requires first of all the preparation of periodic reports by labour inspectors or local inspection offices in accordance with Article 19 of the Convention which contain useful information and on the basis of which the central authority is able to prepare the annual report. Furthermore, the report should be published within the time limits laid down in Article 20 of the Convention. The central authority will find useful guidance on the manner in which the information required may be presented in Part IV of the Labour Inspection Recommendation, 1947 (No. 81). The Government is requested to keep the Office informed of the measures taken to give full effect to Articles 20 and 21 of the Convention. It also encourages it to formalize its request for technical assistance from the ILO expressed in its report.