Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Labour Inspection Convention, 1947 (No. 81) - Sudan (Ratification: 1970)

Draft strategy on labour inspection. The Committee previously requested information on the status of the draft strategy on labour inspection, that was developed based on discussions in 2014 in the National Tripartite Workshop on Labour Inspection. The Committee takes note of the Government’s indication that the draft strategy on labour inspection has been transmitted to the joint committees with the social partners for their recommendations. It however notes with concern the delay in adopting the strategy which aims to enable the establishment and effective operation of the labour inspection system. Noting the transmission of the draft labour inspection strategy for consultation with the social partners, the Committee urges the Government to pursue its efforts with a view to adopting its strategy on labour inspection in the very near future, and to provide a copy once adopted.

Article 3(1) and (2) of the Convention. Labour inspection functions and additional duties entrusted to labour inspectors. The Committee takes note of the statistics provided in the Government’s report, in reply to its previous comments, indicating that in 2016, the labour inspectorate handled a total of 1,744 collective and individual labour disputes but performed only 226 labour and OSH inspections. The Committee notes with concern that this is a reduction of more than 80 per cent from the previous year (1,356 inspections were performed in 2015). The labour inspectorate also provided 564 consultations in 2016, a smaller reduction from the 609 consultations in 2015. Labour inspectors also engage in conflict resolution during inspections. In addition, the Government’s report indicates that labour inspection visits may involve inquiries regarding the reduction of employees for economic or technical reasons at an employer’s request and, where necessary, inquiries about termination of employment, in accordance with the law. In 2016, 44 inspection visits were performed for this purpose. Moreover, according to the Government’s report, inspection visits may also be conducted with the purpose of helping the public authorities implement an order relating to the public interest based on a directive from the competent authority. The Committee recalls that the primary functions of the labour inspection system are to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. The Committee notes with concern that a significant part of labour inspectors’ activities is devoted to the resolution of labour disputes, despite the Government’s indication that a lack of resources hinders the practical application of labour legislation. Noting the limited available resources and the significant amount of time spent on the settlement of disputes, the Committee urges the Government to take the necessary steps to ensure that any other functions entrusted to inspection officers do not interfere with the effective discharge of their primary duties to enforce the legal provisions relating to conditions of work and the protection of workers while engaged in their work. The Committee also requests the Government to provide specific information on the role that the labour inspectorate plays in the reduction of workforce and termination of employment as well as information on orders previously issued relating to the public interest that required the undertaking of inspection visits. In addition, the Committee requests the Government to provide information on measures undertaken and contemplated to address the 80 per cent reduction in the number of labour inspections.

Article 4(1) and (2). Organization and effective functioning of the labour inspection system under the supervision and control of a central authority. The Committee notes the information provided by the Government, in response to its previous request for an organizational chart of the Labour Inspection (LI) and Industrial Relations (IR) Department, concerning the organization of the LI and IR Departments in Khartoum State. It notes, however, an absence of information on the organization of the central labour inspection system, or of other regional offices. It recalls that Article 4 of the Convention provides for the placing of the labour inspection system under the supervision and control of a central authority insofar as is compatible with the administrative practice of the Member. The Committee once again requests the Government to provide information on the measures taken to ensure the effective functioning of the labour inspection system under the supervision and control of a central authority. It also once again requests the Government to provide information on the organization and functioning of the Labour Inspection and Industrial Relations Department, including its organizational chart, as well as an up-to-date list of inspection structures at labour offices in each of the states.

Articles 20 and 21. Publication and communication to the ILO of an annual report. The Committee notes with concern that no annual inspection reports have been prepared or communicated to the ILO for more than 25 years. However, it welcomes the information provided by the Government in its report concerning the number of labour inspection and occupational safety and health visits undertaken. It notes the Government’s statement that steps were taken towards the preparation of annual reports, including the identification of training needs and initiatives to facilitate the preparation of periodic reports by state labour offices. The Committee urges the Government to take all possible measures to ensure that annual labour inspection reports are prepared, published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.