Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Togo

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

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

Articles 3, 11 and 16 of Convention No. 81 and Articles 6, 15 and 21 of Convention No. 129. Functioning and material resources of the labour inspection service. Effectiveness of the 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. It requested the Government to provide information on the time and resources devoted by labour inspectors to their various duties, recalling the need to ensure that the additional duties entrusted to labour inspectors, particularly with regard to the settlement of disputes, do not interfere with the discharge of their primary duties.

The Committee notes that, according to the information contained in the Government’s report, in practice, inspectors spend most of their time performing office work, including for reasons related to the lack of means of transport. With regard to on-site inspections, 946 inspection visits were carried out throughout the country in 2017, more than half of which (491) in the informal economy, an average of nine visits per labour inspector in the inspection services and in regional directorates of labour and social legislation (DRTLS). With regard to material and financial resources, the General Directorate of Labour (DGT) has four vehicles, two of which are shared with the six inspection services of Lomé and the Lomé-Commune DRTLS. In the other five regions, the labour inspection services do not have vehicles at their disposal for the performance of their duties; consequently, the inspectors working there use their own means to carry out inspection visits. Furthermore, no measures are in place to reimburse their travel expenses. The inspection services have 45 functioning computers for 131 labour inspectors, an average of one computer for every three inspectors. They have no access to specialized documentation or measuring instruments. The Government emphasizes that the total budget allocated to labour inspection system services in 2017 was 37.52 per cent lower than in 2016. The Committee also notes that a strategic plan for labour inspection for the period 2018–22 has been developed. The Committee requests the Government to take specific measures, including within the framework of the strategic plan for labour inspection, to remedy the difficulties identified. In this respect, it requests the Government to take the necessary measures to ensure that the labour inspection services have at their disposal the material resources necessary to enable them to perform their duties effectively, including by allocating the necessary financial resources and transport facilities, and to provide information on any progress achieved in this regard. The Committee also requests the Government to provide information on the reasons for the reduction of the budget allocated to the labour inspection services from 2016 to 2017, and on the budget allocated in the following years. Lastly, the Committee requests the Government to take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, and to provide information on any progress achieved in this regard.

Article 5(a) of Convention No. 81 and Article 12(1) of Convention No. 129. Effective cooperation between the 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 noted 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 notes the Government’s indication, in reply to its previous requests, that measures to ensure cooperation between the labour inspection services and judicial bodies are provided for in various sections of the Labour Code, including section 187 under which, in the event of a refusal to comply with the financial arrangement ordered by the labour inspector, a report is referred to the Public Prosecutor with a view to prosecution. It also notes that, according to the information contained in the report on the activities of the labour inspection system for 2017, only one prosecution report was prepared by the inspection services. The Committee requests the Government to provide information on the specific measures taken in practice to ensure cooperation between the labour inspection services and judicial bodies, as well as the results achieved in this regard, including the number of cases referred by the labour inspection services to the Public Prosecutor and the Labour Court.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Conditions concerning the recruitment and training of labour inspectors. The Committee notes the Government’s indication, in reply to its previous requests, that Togo no longer has labour controllers. Labour inspectors, after being recruited by a competitive process, receive initial and further training. The Committee also notes that, according to the information contained in the report on the activities of the labour inspection system for 2017, skills upgrading and capacity-building for labour inspectors are very infrequent. However, the Government indicates in the same report that the DGT is considering the development of a further training plan for labour inspectors. The Committee requests the Government to provide information on the measures taken to ensure that labour inspectors receive appropriate training for the performance of their duties, including the development and implementation of the training plan.

Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129. Powers and prerogatives of labour inspectors. In its previous comments, the Committee noted that, under section 188 of the Labour Code, inspectors are required to notify the head or deputy head of the enterprise or establishment at the start of the inspection, and that the latter may accompany them during the inspection. The Committee recalled that, in accordance with the above-mentioned Articles of Conventions Nos 81 and 129, labour inspectors are dispensed from this requirement if they consider that such notification may be prejudicial to the performance of the inspection.

The Committee notes that, according to the Government’s indication, the amendment to section 188(1) of the Labour Code is addressed in the draft of the new code currently being finalized. The Committee requests the Government to continue its efforts to bring its national legislation into conformity with the above-mentioned Articles of Conventions Nos 81 and 129 and to continue to provide information on any progress achieved in this regard.

Article 17 of Convention No. 129. Preventive control of new plant, new materials and new processes. In its previous comments, the Committee noted the absence of information on the adoption of the Order of the Minister of Labour, in application of section 206 of the Labour Code, which provides that any person proposing to start up an undertaking or establishment of any kind shall make a prior declaration to that effect to the competent labour inspector.

The Committee notes the information provided by the Government on the adoption of Order No. 022/MTESS/CAB/DGTLS of 30 July 2010, concerning measures for the application of section 206 of the Labour Code. The Order sets out the mandatory information required in the start-up declaration (section 3), as well as the cases in which a special declaration must be made (partial or complete cessation of activity, resumption of the activity of the undertaking or establishment, change of employer’s legal status, transfer of head office, change of activity, permanent closure of the undertaking or establishment) (section 4). The Committee takes note of this information.

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 formal notice procedure intended to allow the violation to be remedied, to issue reports of violations of the provisions of labour laws and regulations; and (ii) only in cases of extreme urgency may the inspector issue a report without prior notice.

The Committee notes the Government’s indication that inspectors are authorized to institute proceedings without prior formal notice only in cases of extreme urgency. The Committee recalls that Article 17 of Convention No. 81 and Article 22 of Convention No. 129 provide that, subject to certain exceptions, violations of the legal provisions enforceable by labour inspectors shall be subject to prompt legal or administrative proceedings without previous warning, and that it must be left to the discretion of labour inspectors to give warning or advice instead of instituting or recommending proceedings. The Committee requests the Government to take the necessary measures to ensure that persons who violate the legal provisions enforceable by labour inspectors are liable to prompt legal proceedings, without previous warning, and that it must be left to the discretion of labour inspectors to give warning or advice instead of instituting or recommending proceedings. It also requests the Government to provide information on cases considered extremely urgent.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Appropriate penalties and effective application. Further to its previous comments, the Committee notes that, according to the information contained in the report on the activities of the labour inspection system, in 2017 a total of 9,480 violations were detected by labour inspectors in the formal and informal economies. The most frequently reported violations related to medical examinations (10.86 per cent), personal protective equipment (10.79 per cent) and membership of the National Social Security Fund (9.35 per cent). The inspection services imposed penalties for the violations committed (674 letters of comments, 165 warnings, three financial arrangement orders and one prosecution report). No penalties relating to the closure of an establishment were imposed. The Committee requests the Government to continue to provide information on the violations observed during inspection visits and on the penalties imposed.

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. The Committee notes with interest the report on the activities of the labour inspection system of 2017, annexed to the Government’s report. According to the information contained in the report, a data collection tool for the labour inspection system was introduced in 2014, with technical and financial support from the ILO. The report was thus prepared on the basis of the results obtained after three years of use of this tool on the ground. It also notes that the report for 2018 is being finalized. The Committee encourages the Government to continue its efforts to prepare and communicate an annual report on labour inspection, ensuring that it contains all elements listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.