Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Labour Inspection Convention, 1947 (No. 81) - Guinea (Ratification: 1959)

Article 3 of the Convention. Additional duties of labour inspectors. In its previous comments, the Committee noted with concern that labour inspectors are responsible for various tasks, such as dispute settlement, supervision of union elections, the negotiation of social claims, the study of the internal rules of enterprises and job classifications, which make up a significant part of their programme of work, at the expense of their main duties, specified in Article 3(1) of the Convention. The Committee notes that, in its report, the Government does not provide a reply to its previous request to: (i) relieve the labour inspectors from these additional duties; and (ii) draw a clear distinction between the duties of labour inspection and those of labour administration. It also notes that when the new Labour Code was adopted in 2014, the Government did not take the opportunity to relieve labour inspectors of the duty of conciliating individual and collective labour disputes (section 513.6 of the new Labour Code). The Committee therefore once again requests the Government to provide information on the measures taken or envisaged to relieve labour inspectors progressively of functions other than those provided for in Article 3(1) of the Convention, i.e. the enforcement of the legal provisions relating to conditions of work and the protection of workers.

Article 7. Training of labour inspectors. The Committee welcomes the information provided by the Government concerning the preparation of an inspection manual with ILO assistance. It also notes the Government’s intention to train new officials attached to labour inspection and its reiteration of its request for technical assistance with a view to developing and implementing a training programme for labour administrators, controllers and inspectors. The Committee requests the Government to provide information on progress made to ensure the training of labour inspection staff. It hopes that the Office will provide the technical assistance requested by the Government.

Articles 10 and 11. Labour inspection resources. Further to its numerous comments in which it noted that labour inspectors had only scant resources to perform their functions, the Committee notes with concern the Government’s indications relating to the drastic reduction in the operational budgets and the repercussion on the provision of resources for the labour inspection services. The Committee also notes that in its 2013 second-quarter report, attached to the Government’s report, the general labour inspectorate refers to difficulties relating to human, financial and material resources, which have an impact on the performance of its main duties. While recognizing the Government’s budgetary constraints, the Committee firmly hopes that the Government will take all necessary measures to guarantee to the labour inspection services the human, financial and material resources necessary for the effective discharge of their functions and requests it to provide information on any measures taken or envisaged in this regard. It also requests the Government to provide statistics on the material and logistical means available to the labour inspectors for the performance of their duties, particularly the local offices equipped for this purpose, transport facilities and/or the arrangements for the reimbursement of expenses for work-related travel where there are no adequate public transport facilities.

Articles 20 and 21. Annual labour inspection report. The Committee notes the 2013 report of the general labour inspectorate, attached to the Government’s report, which provides statistics on the staff of the labour inspection, and on the activities relevant to inspection duties and other duties for which labour inspectors are responsible. The Committee notes, however, that the labour inspection report contains no statistics of workplaces liable to inspection, the number of workers employed therein, violations committed and penalties imposed, or the number of industrial accidents and occupational diseases registered. It also notes that the statistics provided on the activities of the inspection services cover only three of the eight regional inspectorates in the country and do not provide an overview of the number of inspection visits carried out. While noting the efforts of the Government to provide an annual inspection report, in accordance with Article 20 of the Convention, the Committee encourages the Government to adopt all necessary measures to ensure the collection and publication in the annual labour inspection report of all the information required under Article 21 of the Convention, and to provide a copy of these reports to the ILO on a regular basis. Moreover, noting that the Government’s report is silent on this matter, the Committee requests the Government to indicate all measures taken or envisaged with a view to mapping the workplaces liable to inspection and to enter them into a register with at least an indication of their geographical location.