Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Articles 2, 3, 10 and 16 of the Convention. Coverage of the labour inspection system. Functions of the labour inspection services and workplace inspections. The Committee notes the information provided by the Government according to which labour inspection staff carry out a steadily decreasing number of workplace inspections due to the inadequacy of the staff and of material and financial resources. The Government adds that, in view of these inadequacies, the same officials (labour controllers and inspectors) are responsible for both inspection duties and mediation in the event of disputes between employers and workers. The Government also indicates that it envisages recruiting personnel and improving the material and financial resources of the labour inspection services as soon as possible.

The Committee draws the Government’s attention to Article 10 of the Convention, under which the number of labour inspectors shall be sufficient to secure the effective discharge of the duties of the inspectorate. The Committee also recalls that, in accordance with Article 16, workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Committee would therefore be grateful if the Government would provide the ILO with detailed statistical data on the number of inspections carried out by the staff of the inspectorate and on any other measures adopted or envisaged for the preparation of annual inspection plans at both the national and local levels, with the determination of objectives (legal fields, sectors, etc.) and the necessary resources. The Committee would also be grateful if the Government would indicate the measures taken, where appropriate, at the national level and in the context of international financial cooperation to obtain resources for this purpose, and their outcome.

The Committee would also be grateful if the Government would indicate the proportion of the mediation activities discharged by the labour inspectorate in comparison with inspections, advice and activities contributing to the improvement of legislation, as envisaged in Article 3(1) of the Convention.

The Committee recalls that, in its previous comments, it noted the measures announced by the Government for the establishment of a register of workplaces and enterprises (the redeployment of personnel and the mobilization of resources for the compilation of statistical data). It recalls that, under the terms of Article 10, the number of labour inspectors shall be determined with due regard, among other matters, for the number, nature and situation of the workplaces liable to inspection. The Committee would be grateful if the Government would keep it informed of any progress achieved in relation to the establishment of a register of workplaces and enterprises as an essential basis for evaluating the needs of the labour inspectorate in terms of financial and human resources and the formulation of an inspection plan.

Articles 5(a), 17(1) and (2) and 18. Effective cooperation between the labour inspection services and judicial bodies. Legal proceedings and sanctions for violations of the labour legislation. The Committee notes that according to the Government, two meetings for the exchange of information between magistrates and labour inspectors have been held with a view to encouraging the two actors to work in synergy to improve the effectiveness of administrative action. The Government is planning the organization of an evaluation workshop with the technical support of the ILO, which should bring together labour inspectors, magistrates and workers’ and employers’ organizations. The Committee would be grateful if the Government would keep the ILO informed of any activities intended to strengthen the effective cooperation between the labour inspection services and judicial bodies, and to support collaboration with workers’ and employers’ organizations.

The Government adds that labour inspectors are empowered to directly prosecute any perpetrators of violations of the labour legislation and regulations (section 271 of the Labour Code), but that they do not exercise this power as employers react positively when shortcomings are reported. The Committee would be grateful if the Government would provide it with copies of the instructions issued for labour inspectors on inspection methods and the measures to be taken during inspections (warnings, advice, prosecutions, etc.), as well as more detailed statistical data on the number of violations reported during inspections, cases of progress (in which employers react positively to warnings), legal proceedings initiated in the courts, and the number and nature of the sanctions applied by the courts.

Article 7(3). Training of labour inspectors. The Committee notes that, with the cooperation of the new International Public Interest Group (GIP-INTER) of France, the Government has organized two training modules for labour inspectors on occupational risks in the agricultural, industry (metallurgy, food processing), construction and public work sectors. Nevertheless, the Government indicates that it was not possible to carry out the triennial training plan due to the lack of financial resources. The Committee would be grateful if the Government would continue making efforts, including in the framework of international cooperation, to ensure the training and further training of inspection staff, particularly through the formulation of a new triennial training plan, and it requests it to keep the ILO informed of any developments in this respect, including in relation to the content and methodology of the various types of training.

Articles 19, 20 and 21. Periodic reports and annual report on the work of the labour inspection services. The Committee notes once again that the annual report on the work of the labour inspection services has not been received. In its report, the Government reiterates its will to improve the organization of inspections and the compilation of statistical data, with ILO support. The Committee draws the Government’s attention to its general observation of 2010 on the importance of the publication of the annual inspection report, and wishes to emphasize that such reports provide an essential basis for evaluating the functioning in practice of the labour inspection services and therefore for determining the necessary means for improving their effectiveness. Detailed annual reports are indispensable for the assessment of needs in terms of human and financial resources and the logistical means to be mobilized with a view to achieving the important social objectives of labour inspection. The Committee draws the Government’s attention to the valuable guidance provided in Paragraph 9 of Recommendation No. 81 on the manner in which the required information should be presented in the annual report. In its previous comments, the Committee also emphasized that an annual report first requires the preparation of periodic reports by labour inspectors or local inspection offices, as envisaged in Article 19 of the Convention. The Committee requests the Government to indicate all the measures adopted or envisaged to ensure the preparation of regular reports by inspectors, the compilation of statistical data and the publication within the respective time limits of an annual report, as required by Articles 19 and 20, and the inclusion in this report of the detailed information required in clauses (a) to (g) of Article 21.