Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Labour Inspection Convention, 1947 (No. 81) - Senegal (Ratification: 1962)

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Article 12(1)(a) of the Convention. Powers of investigation of labour inspectors. Further to the Committee’s previous comment, the Government maintains that the provisions of section L.197 of the Labour Code, subsection 2 of which provides that labour and social security inspectors shall be empowered to enter premises at night in which it is clear that collective work is being undertaken, are not in contradiction with those of Article 12(1)(a) of the Convention. The Government reaffirms that labour inspectors are empowered to enter all establishments liable to inspection. The Committee recalls once again that, in accordance with Article 12(1)(a), labour inspectors shall be empowered to enter freely at any hour of the day or night any workplace liable to inspection, and not only workplaces in which it is clear that collective work is being undertaken. The Committee therefore urges the Government to take all the necessary measures to bring section L.197(2) of the Labour Code into conformity with Article 12(1)(a) of the Convention in order to ensure that labour inspectors are able to enter freely at any hour of the day or night any workplace liable to inspection, and not only establishments in which it is clear that collective work is being undertaken.

Article 13(2)(b). Measures with immediate executory force in regard to occupational safety and health. In reply to the Committee’s previous comment, the Government indicates that: (i) it has always demonstrated the will to allow labour and social security inspectors to order such measures without first having to determine whether or not there is a violation of the provisions of the laws and regulations applicable in industrial or commercial workplaces; and (ii) that reforms in this respect are ongoing. The Committee requests the Government to renew its efforts to bring the law and practice as soon as possible into full conformity with Article 13(2)(b) of the Convention, which allows inspectors to impose measures with immediate executory force in the event of imminent danger to the health or safety of the workers in all industrial and commercial establishments, without the prior obligation to determine the existence of a violation of the provisions of laws or regulations.

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