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

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

With reference to its observation, the Committee notes the communication of Decree No. 2006–408 of 10 August 2006 concerning the duties, structure and functioning of the Ministry of Public Service, Labour and Administrative Reform; Decree No. 2008–107 of 10 March 2008 concerning the duties, structure and functioning of the Ministry of Forward Planning, Development and Evaluation of Public Policy and Coordination of Public Action; and Decree No. 2007–410 of 31 August 2007 approving the framework document for the national occupational safety and health policy.

Deficiencies and prospects for strengthening the labour administration in Benin. The various documents originating from the Ministry of Labour and Public Service (MTFP) concerning the situation and prospects of the labour administration show that the latter is facing: numerous difficulties of a structural, political, legal and economic nature; a proliferation of stakeholders and duplication of functions; inadequacies and irrational distribution of budgetary resources; insufficient staff numbers and qualifications and uneven distribution at the expense of the regions; lack of a long-term financial strategy in the context of international cooperation for undertaking reforms; limited material resources; ineffectiveness of actions to promote employment; and lack of national labour statistics within the meaning of the Labour Statistics Convention, 1985 (No. 160). The General Confederation of Workers of Benin (CGTB) also emphasizes the inadequacy of the material and financial resources of the labour administration.

The Committee notes the measures determined by the Government for tackling these weaknesses. In particular, it has laid down strategic objectives to this end in various fields, including occupational safety and health, HIV/AIDs in the workplace, the protection and integration of persons with disabilities, the advancement of women, land management (better programming, optimum resource management, decentralization, equipment), the population, further vocational training, etc. The Committee requests the Government to keep the Office informed of any developments relating to the objectives laid down by the labour administration, including the measures taken to achieve them.

Article 2 of the Convention. Labour administration activities delegated or assigned to non-governmental organizations. The Committee notes that the Beninese Association for Occupational Safety and Health (ASBESST) conducts training activities in the working environment, including with regard to asthma and workplace vaccinations, and that the Beninese Association of Occupational Health Nurses (ABIIST) is called upon by the Directorate of Occupational Health (DST) to contribute to the preparation of documents on occupational safety and health and, in particular, to the updating of the list of occupational diseases. The Committee requests the Government to indicate any other national labour policy activities which are delegated to non-governmental bodies, such as employers’ or workers’ organizations (for example, in the area of social protection, training, worker education, etc.).

Article 3. Activities in the field of national labour policy forming part of matters which are regulated by having recourse to direct negotiations between employers’ and workers’ organizations. The Committee notes that, according to the national labour policy document, the agreements concluded between the social partners have binding legal force after their approval by the State. It notes in this regard that the general collective labour agreement signed by the social partners on 30 December 2005 replaces the general collective agreement of 17 May 1974 and that its provisions, which are considered as constituting minimum conditions for recruitment, apply to individual employment contracts which are concluded at a later date. The Committee requests the Government to send copies of any texts governing collective negotiations, and also copies of any other collective agreement in force.

Articles 5 and 6(c). Labour administration functions with regard to representative organizations of employers and workers. The Committee notes the general information contained in the national labour policy document concerning the role of various tripartite bodies which are competent for the matters covered by the Convention (National Labour Council (CNT), National Commission for Occupational Safety and Health, Joint National Commission for Collective Agreements and Wages (the latter not yet being operational)). It notes in particular that the CNT participates in analysis of the economic and social situation of the country, the examination of dossiers for the ratification of international labour Conventions, the review of the Labour Code and the examination of draft texts for the application thereof, as well as the consideration of an increase to the guaranteed inter-occupational minimum wage (SMIG). In its direct request of 2007 relating to the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Committee noted that the commission on international labour standards which was due to be established within the CNT had not yet been set up. The Committee requests the Government to indicate whether this body has been set up and to provide further information on the operation in practice of each of the abovementioned advisory bodies and to send reports or extracts from reports on their work.

The Committee notes that, according to section 69 of Decree No. 2006–408, the Directorate of Labour Relations of the MTPFP is responsible for managing relations between the public authorities and the workers’ and employers’ organizations, and also with any other occupational bodies with respect to collective negotiations, worker education and the promotion of trade unions. The Committee requests the Government to supply information on the application of this provision in practice, and also on its impact during the next reporting period.

Article 7. Extension of the functions of the system of labour administration to non-wage workers. The Committee notes that, according to the Government, there is no legal definition of the expression “non-wage workers” within the meaning of the Convention. However, it notes that the national labour policy document refers to bodies such as the “National microfinance fund”, and the “Income-generating activity support project” (PAGER), which appear to provide benefits for categories of non-wage workers. Moreover, according to section 7 of Act No. 98–019 of 21 March 2003 issuing the Social Security Code, there are plans to adopt a law on the organization and functioning of the special regime for self-employed workers in agriculture and the informal sector. According to a 2010 ILO study on labour market institutions and development challenges, with specific reference to the case of Benin, self-employed workers constitute more than 70 per cent of the active population principally working in the informal economy. The Committee requests the Government to supply further information on the role of the “National microfinance fund” and the “Income-generating activity support project”, and to keep the Office informed, if applicable, of any measures aiming to extend labour administration activities to categories of workers such as those referred to in Article 7 of the Convention (nature of activities, beneficiaries and impact).

Article 10. Status and qualifications of labour administration system staff. According to the Government, labour administration staff are governed by the special regulations of the Labour Administration Staff Corps (Decree No. 85–375 of 11 September 1985). The Strategic Plan 2007–16 shows that labour administration staff are composed of permanent employees and contractual employees of the State. The latter are governed by Decree No. 2005–108 of 9 March 2009 and, according to the aforementioned document, enjoy a situation which is broadly similar to that of permanent employees as regards levels of qualifications, rights and obligations, holidays, special permissions and leave of absence, remuneration, benefits, dispute settlement procedures, social benefits and professional evaluation.

As regards the career prospects of public administration employees, the Committee notes that, according to sections 6, 12, 18 and 24 of Decree
No. 85–375 of 11 September 1985, in addition to criteria of professional knowledge, diligence and efficiency, political convictions are also taken into account in the classification of posts. However, the document relating to the Strategic Plan 2007–16 refers to a lack of career prospects largely due to the fact that political affiliations remain, in this respect, a decisive criterion. Moreover, the levels of pay for labour administration employees reportedly lead many employees to seek other sources of income.

The Committee notes that, according to the Government, apart from the basic conditions required for occupying posts in the labour administration system, staff are given training in both national universities and regional and international training centres, and also receive skills training and attend short retraining courses at intervals. However, the Strategic Plan 2007–16 highlights the absence of a national policy for further vocational training for public servants.

The Committee requests the Government to supply a copy of Decree No. 2005–108 of 9 March 2009 and of any other legislative text concerning the conditions of service of various categories of employees working within labour administration system bodies.

It requests the Government to keep the Office informed of any progress made in relation to the part of the Strategic Plan 2007–16 referring to the strengthening of the human resources of the labour administration (staff numbers, qualifications, training, career plan, etc.).

Part IV of the report form. The Committee requests the Government to send with its next report a copy of reports or extracts from reports on the work of the various labour administration bodies, as referred to in Paragraph 20 of the Labour Administration Recommendation, 1978 (No. 158).