Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Togo

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2012)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2012)
Labour Administration Convention, 1978 (No. 150) (Ratification: 2012)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81, 129 and 150 together.

Labour inspection: Conventions Nos 81 and 129

The Committee notes the information provided by the Government in reply to its previous request concerning the following Articles: Article 4(1) of Convention No. 81 and Article 7(1) of Convention No. 129 (placing of the labour inspection system under the supervision and control of a central authority); Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129 (collaboration between the officials of the labour inspectorate and employers and workers or their organizations); Article 8 of Convention No. 81 and Article 10 of Convention No. 129 (men and women inspection staff); Article 10 of Convention No. 81 and Article 14 of Convention No. 129 (number of labour inspectors and their geographical distribution); Article 13 of Convention No. 81 and Article 18 of Convention No. 129 (power of labour inspectors to issue compliance orders); Article 14 of Convention No. 81 and Article 19 of Convention No. 129 (notification to the labour inspectorate of industrial accidents and cases of occupational disease); and Article 15 of Convention No. 81 and Article 20 of Convention No. 129 (standards of conduct of labour inspectors).

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Functions of the labour inspection system. In its previous comments, the Committee noted that, in accordance with sections 183, 257 and 260 of the Labour Code, labour inspectors, in addition to their primary duties, are responsible for additional functions, including those of conciliation and arbitration in collective disputes. The Committee recalls the need to ensure that any further duties which may be entrusted to labour inspectors in addition to their primary duties (within the meaning of Conventions Nos 81 and 129, the primary duties are set out in the first paragraph of these Articles) are not such as to interfere with the effective discharge of the latter. The Committee requests the Government to provide information on the time and resources devoted by labour inspectors to their various duties, with a view to verifying that the additional duties entrusted to labour inspectors, particularly in relation to the settlement of disputes, are not such as to interfere with the effective discharge of their primary duties.

Article 5(a) of Convention No. 81 and Article 12(1) of Convention No. 129. Effective cooperation between the labour inspection services and other government services and public or private institutions engaged in similar activities. Cooperation with judicial bodies. In its previous comments, the Committee requested the Government to provide information on any measures adopted or envisaged to promote cooperation between the labour inspection services and other government services and public or private institutions engaged in similar activities. In this regard, the Committee notes the information provided by the Government that the labour inspection services cooperate with the National Social Security Fund. However, the Government emphasizes the lack of cooperation between the labour inspection services and the Office of the Public Prosecutor, as represented by the Public Prosecutor of the Republic, and the Labour Court. The Committee requests the Government to take measures to ensure cooperation between the labour inspection services and judicial bodies, and to provide information on any progress achieved in this regard.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of inspection personnel. In its previous comments, the Committee requested the Government to provide information on the measures adopted to provide labour inspectors and controllers (assistant inspectors) with a specific status. It notes the Government’s indication that the implementing decree envisaged in section 182 of the Labour Code to determine the specific status of labour inspectors has still not been adopted. However, the Government specifies that Act No. 002 of 2013 issuing the General Public Service Regulations in Togo and Decree No. 120 of 2015 determining the common procedures for its application apply to inspection personnel and assure them of stability of employment and make them independent of changes of government and of improper external influences.

Article 7 of Convention No. 81 and Article 9 of Convention 129. Conditions concerning the recruitment and training of labour inspectors. Further to its previous comments, the Committee notes the information provided by the Government concerning the recruitment and initial training of labour controllers, and the further training of inspectors, including on chemicals in agriculture. However, the Committee notes that the Government does not indicate whether controllers also benefit from further training. It requests the Government to provide information on this subject.

Article 11 of Convention No. 81 and Article 15 of Convention No. 129. Material resources and means of transport available to labour inspectors and the reimbursement of expenses necessary for the performance of their duties. In the absence of a reply by the Government on this subject, the Committee once again requests it to provide information on the material resources and means of transport available to labour inspectors, and the measures taken to reimburse their travel expenses.

Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129. Powers and prerogatives of labour inspectors. In its previous comment, the Committee noted that, under the terms of section 188(1) of the Labour Code, inspectors have to notify the head of the enterprise or establishment or her or his deputy at the start of the inspection, and that the latter may accompany them during the inspection. The Committee recalls that, in accordance with the above Articles of Conventions Nos 81 and 129, labour inspectors are dispensed with this requirement if they consider that such notification may be prejudicial to the performance of their control. The Committee once again requests the Government to take the necessary measures to allow labour inspectors to be dispensed with the requirement to notify the head of the enterprise or establishment at the start of the inspection if they consider that such notification may be prejudicial to the performance of their duties.

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Frequency of inspections and effectiveness of the system. The Committee notes the absence of specific information on this subject. It refers to paragraphs 256–260 of its 2006 General Survey on labour inspection, which contain information on the manner of giving effect in practice to these Articles. The Committee requests the Government to provide information on any measures adopted or envisaged to give effect to these provisions of the Conventions.

Article 17 of Convention No. 129. Preventive control of new plant, new materials and new processes. The Committee notes that the Government has not provided information in reply to its previous request concerning the implementation, by an order issued by the Minister of Labour, of section 206 of the Labour Code, which provides that any person who proposes to start up an undertaking or establishment of any nature shall make a prior declaration to that effect to the competent labour inspector. The Committee requests the Government to provide information on this subject.

Article 17 of Convention No. 81 and Article 22 of Convention No. 129. Action to be taken in the event of violations. The Committee noted previously that, under the terms of sections 186 and 187 of the Labour Code: (i) inspectors are empowered, following a warning procedure intended to allow the infringement to be remedied, to serve a compliance order in the event of violations of the provisions of labour laws and regulations; and (ii) only in cases of extreme urgency may the inspector issue a compliance order without prior warning. The Committee recalls that, in accordance with the above Articles of Conventions Nos 81 and 129, the cases in which the initiation of legal proceedings without prior warning must be possible should not be restricted to cases of extreme urgency. In particular, inspection personnel must be able to exercise discretion in distinguishing between serious or repeated wilful non-compliance, culpable negligence or flagrant ill will, which call for a penalty, and an involuntary or minor violation, which may lead to a mere warning (paragraph 282 of the 2006 General Survey on labour inspection). The Committee requests the Government to provide information on the measures adopted or envisaged to authorize inspectors to initiate proceedings without prior warning in cases other than those of extreme urgency.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate and effectively enforced penalties. In reply to its previous request on this subject, the Committee notes that the Government refers to Title X of the Labour Code, which establishes penalties for those responsible for violations of the provisions of the Labour Code. However, the Government does not provide information on the violations identified during inspections, and the penalties imposed in practice. The Committee requests the Government to provide information on this subject.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Annual reports on the work of the inspection services. In its previous comments, the Committee noted the Government’s indication that labour inspectors submit periodic reports of a general nature on the results of their work to the central inspection authority. It requested the Government to provide information on the manner in which the periodic reports are drawn up, the subjects covered and the frequency with which they are produced, and to provide copies of these reports. The Committee notes that the Government has not provided the information requested and that it has not communicated an annual activities report since the entry into force of the Convention The Committee once again requests the Government to provide information on this subject and to take the necessary measures to ensure that annual reports on labour inspection are communicated regularly to the ILO within the time limits set out in the above Articles and that they contain the information required by these Articles.

Labour administration: Convention No. 150

The Committee notes the information provided by the Government in reply to its previous request concerning Articles 4 (coordination of the functions and responsibilities of the labour administration system); 5 (consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers); 6 (preparation, administration, coordination, checking and review of the national labour policy by the competent bodies within the system of labour administration); and 10 (staff of the labour administration system).

Article 4 of the Convention. Coordination of the functions and responsibilities of the labour administration system. In its previous comments, the Committee requested the Government to provide information on the measures adopted in practice to ensure that the labour administration system operates effectively and that the functions assigned to it are properly coordinated. In this regard, the Committee notes that the Government refers to the following measures: Decree No. 006 of 2012 to organize the ministerial departments; Order No. 006 of 2013 on the organization of the Ministry of Labour, Employment and Social Security; and the institutional mechanism for the monitoring and evaluation of development policies.

Article 5. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. In its previous comments, the Committee requested the Government to provide a copy of the decrees determining the organization and functioning of the National Labour Council (CNT) and the Higher Council of the Public Service (CSFP), as set out in section 209 of the Labour Code. In this regard, the Committee notes that Act No. 002 of 2013 issuing the General Public Service Regulations of Togo and Decree No. 120 of 2015 on the common procedures for their implementation, contain provisions on the mission, terms of reference, composition, organization and operation of the CSFP. The Committee also notes the adoption of Order No. 031/MTESS/CAB/SG of 10 September 2014 appointing the members of the CNT. With regard to the activities of the CNT, the Committee refers to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 6. Preparation, administration, coordination, checking and review of the national labour policy by the competent bodies within the system of labour administration. With regard to the national labour policy, the Committee refers to its comments on the Employment Policy Convention, 1964 (No. 122).

Article 7. Progressive extension of the functions of the system of labour administration to certain categories of workers. In reply to its previous request concerning the procedures for the implementation of the Social Security Code in respect of self-employed workers (for all branches) and workers in the informal economy (in relation to pensions and family benefits), the Committee notes that the Government has not provided additional information. It therefore once again requests the Government to provide information on this subject.

Article 10. Staff of the labour administration system. With regard to the status, conditions of service and further training of labour administration staff, the Committee refers to its comments on the application of Articles 6 and 8 of Conventions Nos 81 and 129, respectively.