Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Labour Inspection Convention, 1947 (No. 81) - Rwanda (Ratification: 1980)

Article 3(1) and (2) of the Convention. Additional functions entrusted to labour inspectors. Conciliation. With reference to its previous comment, the Committee notes the Government’s indication that it adopted Law No. 66/2018 of 30/08/2018 regulating labour in Rwanda (the Labour Code), which revises Law No. 13/2009 of 27 May 2009 (the 2009 Labour Code). The Committee notes in particular that sections 102 and 103 of the Labour Code provide that labour inspectors are responsible for mediating individual and collective labour disputes. In addition, the Government indicates that section 3 of the Ministerial Order No. 001/19.20 of 17/03/2020 relating to labour inspection sets out the responsibilities of the labour inspectorate as including the conciliation of labour disputes. In this regard, the Committee notes that sections 10 to 16 of the Order provide for the procedure to be followed for the settlement of labour disputes when mediated by labour inspectors. The Committee notes that the Government did not make use of the review of the Labour Code undertaken in 2018 to bring its legislation in line with the requirements of Article 3(2) of the Convention. The Committee recalls that the time spent by inspectors on conciliation may be detrimental to the performance of their primary duties, as defined in Article 3(1) of the Convention, particularly in a context where resources are limited. Further, the Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), stating that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. The Committee therefore asks the Government to: (i) take the necessary measures to discharge labour inspectors of any mediation functions regarding individual and collective labour disputes; (ii) amend the legal framework to this effect, in particular sections 102 and 103 of the Labour Code and sections 3 and 10 to 16 of the Ministerial Order No. 001/19.20 of 17/03/2020; and (iii) keep the Office informed of the progress made in this respect.

Article 12(1)(a). Powers of labour inspectors to enter freely at any hour of the day or night any workplace liable to inspection. With reference to its previous comment, the Committee notes that section 6(2)(1) of the Ministerial Order No. 001/19.20 of 17/03/2020 relating to labour inspection provides that, upon presentation of identification, a labour inspector can enter an enterprise of his or her jurisdiction during working hours, without notice for inspection purpose. The Committee notes that the new Ministerial Order continues to limit the power of labour inspectors to conduct inspection visits to the working hours of the undertaking. The Committee notes that, for many years, it has been requesting the Government to bring the provisions of national legislation in line with Article 12(1)(a) of the Convention. It recalls once again that labour inspectors should be empowered to enter workplaces liable to inspection at any hours of the day and night. In this regard the Committee once again refers to paragraph 270 of its 2006 General Survey on labour inspection, which refers, for example, to the appropriate timing of visits necessary to carry out technical inspections when machinery or production processes are stopped, or to check for abusive night conditions in a workplace officially operating during the daytime. The Committee therefore urges the Government to bring its legislation in line with Article 12(1)(a) of the Convention so as to ensure that the powers of entry of labour inspectors are extended to any hour of the day or night regardless of the working hours of the workplaces liable to inspection.

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