Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection Convention, 1947 (No. 81) - Niger (Ratification: 1979)

With reference to its observation, the Committee wishes to raise the following additional points.

Legislation. The Committee notes the adoption of Law No. 2012-45 of 25 September 2012 establishing the Labour Code.

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. The Committee notes that, pursuant to articles 317–319 of the Labour Code of 2012, labour inspectors can participate in the conciliation of individual disputes.

The Committee reminds the Government of the primary functions of labour inspectors under Article 3(1) of the Convention (the enforcement of the legal provisions relating to conditions of work and the protection of workers and advice to employers and workers), and of the guidelines of Paragraph 8 of Recommendation No. 81 establishing that “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee asks the Government to provide information on the time and resources of inspection services spent on conciliation in relation to their primary duties as defined in Article 3(1) of the Convention. It hopes that the Government will take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, these duties shall not be such as to interfere with the effective discharge of the primary duties of labour inspectors or to prejudice in any way the authority and impartiality that are necessary to inspectors in their relations with employers and workers.

Article 7(3). Training for labour inspectors. Noting that, according to the Government, inspectors may receive training and refresher courses, the Committee would be grateful if the Government would provide information on the subjects, number of participants, frequency and impact of the training activities provided for labour inspectors when they enter the service and during the course of their employment.

Articles 5(a), 17 and 18. Cooperation between the labour inspection services and judicial bodies, and penalties for obstructing labour inspectors. The Committee notes that, according to the Government, employers are opposed to the control of enterprises by inspectors. It also notes the information that section 355 of the Labour Code of 2012 provides for penalties applicable in the event of the obstruction of labour inspectors and controllers.

Referring to its general observation of 2007, the Committee emphasizes that cooperation between the labour inspection services and judicial bodies is necessary to ensure the application of legal provisions on the conditions of work and protection of workers when other means of action by labour inspection, such as advice, warnings or compliance notices, have not been effective. The Committee requests the Government to provide details, including statistical information, on the action taken as a result of acts of obstruction against labour inspectors and controllers, particularly the penalties imposed on the perpetrators of these violations. The Committee would also be grateful if the Government would indicate the measures taken to facilitate effective cooperation between the inspection services and judicial bodies, in compliance with Article 5(a) of the Convention.