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

Labour Inspection Convention, 1947 (No. 81) - Guinea-Bissau (Ratification: 1977)

Referring to its observation, the Committee would like to raise the following additional points.

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. In its previous comments, the Committee noted that, according to the Government’s report, the General Labour and Social Security Inspectorate (IGTSS) consisted of 16 inspectors and provided conciliation services for employers and workers for the settlement of disputes. It asked the Government to take measures to ensure that the primary duties of labour inspectors pertained to the supervisory functions set forth in Article 3(1) of the Convention. In its report, the Government states that one of the goals of the labour inspection system is to guarantee the application of legal provisions relating to working conditions and the protection of workers in carrying out their functions, and that it favours a pedagogical approach with a view to facilitating and promoting respect for labour legislation and occupational safety and health regulations. The Committee asks the Government to provide statistical information on the visits carried out by inspectors in the establishments that come under the requirements of the Convention and on their findings, as well as on the technical advice given to employers and workers and their impact on the application of the Convention.

Articles 5 and 9. Effective cooperation between the inspection services and other government services and public or private institutions and cooperation between officials of the labour inspectorate and employers and workers or their organizations. In its previous report, the Government stated that the IGTSS sought technical support from other institutions when dealing with cases and fields in which it did not have the necessary competence. The Committee requested the Government to specify which institutions these were, to describe the mechanism and modalities of such cooperation and to send information on the coverage and results of such cooperation. In its latest report, the Government states that it receives technical support from the General Labour, Employment and Vocational Training Directorate, which clears up whenever necessary any misunderstandings of inspectors in their course of their work; from the National Social Security Institute; from the Centre of Occupational Medicine; and from the Bissau Faculty of Law. However, it is not in a position to provide more details concerning this cooperation for the moment. The Government adds that the IGTSS is sometimes confronted with situations requiring the court’s intervention to enforce the law. The Committee would be grateful if the Government would clarify the mechanism and modalities of such cooperation, as well as their coverage and impact on the exercise of inspection functions laid down in Article 3(1) of the Convention. Furthermore, drawing the Government’s attention once again to its general observation of 2007, the Committee asks it to provide information on measures taken or envisaged to ensure due diligence and substantive action by the judicial bodies on reports drawn up by labour inspectors and on proceedings brought directly by workers of their organizations. Moreover, the Committee requests the Government once again to submit information on any measures adopted or envisaged to promote cooperation between officials of the labour inspectorate and employers and workers or their organizations, as provided for under Article 5(b) of the Convention. The Committee also reminds the Government of the guidelines contained in Paragraphs 4 to 7 of the Labour Inspection Recommendation, 1947 (No. 81), on the forms this collaboration might take.

Article 18. Adequate penalties that are effectively enforced. Referring to its previous comments on the appropriate nature of the penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing inspectors in the performance of their duties, the Committee notes the Government’s indication that the draft Labour Code provides for the amount of the fines to be in relation to the workers’ wage, which will still ensure they act as a deterrent. The Committee requests the Government to send a copy of the relevant provisions of the Labour Code once it has been adopted.