Labour Inspection Convention, 1947 (No. 81) - Democratic Republic of the Congo (Ratification: 1968)

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

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 150 (labour administration) together.

A.Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Articles 4, 6, 15(a), 19, 20 and 21 of the Convention. Reform of the labour inspection services. Status and conditions of service of labour inspectors. Ethical standards of labour inspectors. Publication and communication of an annual report on the work of the labour inspection services. Further to its previous comment, the Committee notes, regarding guarantees of independence provided to labour inspectors, sections 188, 194 and 197(a) of the Labour Code, mentioned by the Government, as well as the adoption, on 5 January 2020, of Ministerial Order No. 046/CAB/MINETAT/METPS/01/2020 issuing the adjusted scale of allowances for officials, management and assimilated staff of the specialized services of the Ministry of Employment, Labour and Social Security. The Committee further notes the Government’s indication that no disciplinary procedure was initiated in respect of a labour inspector in 2020 and 2021. Regarding the publication of an annual report on the labour inspection, the Committee notes that Government refers to the information contained in the General Labour Inspectorate activity reports for 2020 and 2021. The Office has however not received those reports. The Committee also notes that the Office has not received a copy of the updated framework and organizational structures of the General Labour Inspectorate. The Committee requests the Government to continue to provide information on future disciplinary procedures initiated and on their outcomes. The Committee requests the Government to take the measures necessary for the regular publication of annual labour inspection reports and their transmission to the ILO (Article 20 of the Convention), and to ensure that they contain information on all the matters dealt with under Article 21(a) to (g). The Committee further requests the Government to indicate the wage scale applied to labour inspectors against that applied to comparable categories of civil servants, and reiterates its request for a copy of the updated framework and organizational structures of the General Labour Inspectorate.

Articles 5(a), 18 and 21(e). Effective cooperation between the labour inspection services and judicial bodies. Further to its previous comment, the Committee notes the Government’s indication that there is effective cooperation between the labour inspection services and the judicial bodies. The Committee nonetheless notes, with regard to the number of violations identified and of violation notices transmitted to the relevant officer in the Office of the Public Prosecutor, and to the action taken as a result, the Government refers to information contained in the General Labour Inspectorate activity reports for 2020 and 2021. Noting once more that the Office has not received those reports, the Committee reiterates its request that the Government provide more information on the effective cooperation between the labour inspection services and the judicial bodies, including the number of violations identified during inspection, the number of violation notices transmitted to the relevant officer in the Office of the Public Prosecutor and the action taken as a result, as well as the penalties imposed.

Article 5(b). Collaboration with employers’ and workers’ organizations. Further to its previous comment, the Committee notes that the Government indicates that collaboration between labour inspectors and employers’ and workers’ organizations does not take place in an institutionalized forum. The Committee notes, with regard to the holding and outcomes of the joint and tripartite meetings in which the labour inspectors participate, that the Government refers to the information contained in the General Labour Inspectorate activity reports for 2020 and 2021. The Committee notes that the Government will provide the Decree on the creation, organization and operation of the High Council for Social Dialogue, a body intended to strengthen social dialogue and tripartism, in a future report. The Committee once again requests the Government to provide further information on the issues covered in the joint and tripartite meetings in which labour inspectors participate, as well as the outcomes of the meetings. The Committee also requests the Government to continue to provide information on the adoption of the Decree on the creation, organization and operation of the High Council for Social Dialogue.

Articles 7(3), 10 and 11. Training of labour inspectors. Resources allocated to the inspection services. Further to its previous comments, the Committee notes: (i) at national level, the labour inspection services include 198 inspectors and 279 controllers; (ii) the Government’s indication that it is maintaining its efforts to provide the necessary human and material resources to allow the labour inspectorate to discharge its duties; (iii) that the overall training programme for labour inspection will be communicated in a future report; (iv) that in 2021, 30 safety and health inspectors benefited from capacity building provided by the African Regional Labour Administration Centre (CRADAT); and (v) that a partnership, put in place with the United States Department of Labour, is focusing on the project to recruit and train 2,000 labour inspectors and controllers, with the technical assistance of the ILO Country Office in the Democratic Republic of the Congo. The Committee notes however that the Government has not provided detailed information on the overall training programme for labour inspectors and the material resources allocated to them to allow them to discharge their functions effectively. The committee requests the Government once more to provide information on the overall training programme for labour inspectors. It also requests the Government to provide information on the measures taken and the progress made on the project to recruit and train 2000 labour inspectors, organized in partnership with the United States Department of Labour, giving details of the schedule for recruitment, the duration of the training courses, the subjects covered and possible prospects for continuous professional development. The Committee also requests the Government to provide detailed information on the budget allocated to the labour inspectorate, and on all measures taken or foreseen concerning the provision of material resources to the inspectorate, and on progress achieved in that connection.

B.Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1, 6 and 9 of the Convention. Organization and operation of the labour administration system. The Committee notes that the Government indicates that it will provide a copy of the new organizational chart of the labour administration once the reform process of the public administration has been completed. Noting that the request for an up-to-date organizational chart was first made in 2007, the Committee urges the Government to provide a copy of the new organizational chart of the labour administration system, once it has been finalized.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and labour inspection, the Committee considers it appropriate to examine Convention No. 81 (labour inspection) and Convention No. 150 (labour administration) together.

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Articles 4, 6, 15(a), 19, 20 and 21 of the Convention. Reform of the labour inspection services. Status and conditions of service of labour inspectors. Ethical standards of labour inspectors. Publication and communication of an annual report on the work of the labour inspection services. Further to its previous comments, the Committee notes the information provided by the Government concerning the adoption of Order No. CAB.MIN/FP/J-CK/SGA/GPFP/SCPOM/024/2013 of 31 October 2013 temporarily determining the framework and organizational structures of the General Labour Inspectorate and the validation in 2017 of a methodological guide on labour inspection intended to improve the collection of information with a view to the preparation of monthly, quarterly and annual labour inspection reports. It also notes Ordinance No. 14/080 of 8 December 2014 issuing the administrative regulations respecting the personnel of the General Labour Inspectorate, Act No. 16/013 of 15 July 2016 issuing the conditions of service of career officials of the State public services, which determine the conditions of service and the disciplinary regime applicable to labour inspectors, and Ministerial Order No. 30/08 of 28 July 2008 determining the scale of benefits of labour inspectors and controllers. The Committee requests the Government to indicate the measures adopted or envisaged to assure labour inspectors the independence necessary for the discharge of their inspection duties, and information on the disciplinary procedures initiated and their outcome, including the application in practice of the relevant provisions of Ordinance No. 14/080 of 2014 issuing the administrative regulations respecting the personnel of the General Labour Inspectorate and Act No. 16/013 of 2016 issuing the conditions of services of career officials of State public services. Noting the methodological guide on labour inspection intended to improve the collection of information, the Committee encourages the Government to continue its action with a view to the preparation of an annual labour inspection report, in accordance with Article 20 of the Convention, and to communicate it to the Office. It also requests the Government to provide a copy of the updated framework and organizational structures of the General Labour Inspectorate.

Articles 5(a), 18 and 21(e). Effective cooperation between the labour inspection services and judicial bodies. Further to its previous comments, the Committee notes the information provided by the Government in its report on the subject of cooperation between the labour inspection services and judicial bodies. It notes that, in cases where a labour inspector identifies a violation by an employer, a violation notice is drawn up, in accordance with sections 318 to 329 of the Labour Code, and is transmitted by the labour inspector to the relevant officer in the Office of the Public Prosecutor. The Committee requests the Government to provide further information on the effective cooperation between the labour inspection services and judicial bodies, including the number of violations identified during inspections, the number of violation notices transmitted to the relevant officer of the Office of the Public Prosecutor and the action taken as a result, as well as the penalties imposed.

Article 5(b). Collaboration with employers’ and workers’ organizations. Further to its previous comments, the Committee notes the information provided by the Government according to which labour inspectors participate in bipartite meetings and quarterly, six-monthly and annual tripartite meetings. The Committee requests the Government to provide further information on the collaboration between the labour inspection services and employers and workers and their organizations, including the subjects covered and the outcome of the meetings, and whether they take place in an institutionalized forum.

Article 7(3). Training of labour inspectors. Further to its previous comments, the Committee notes that sections 5 to 12 of Ordinance No. 14/080 of 8 December 2014 issuing administrative regulations respecting the personnel of the General Labour Inspectorate determine the conditions for the recruitment and training of labour inspectors. It also notes the Government’s indication that it will provide the overall training programme for inspectors in a future report. The Committee requests the Government to provide the overall training programme for inspectors and to supply information on its implementation, with an indication of the duration of the training courses for labour inspectors, the number of participants and the subjects covered.

Articles 10 and 11. Resources allocated to the inspection services. Further to its previous comments, the Committee notes the Government’s indication in its report that the recruitment of new inspectors has not yet commenced due to budgetary constraints and while awaiting the completion of the reform of the public administration. In this regard, the Committee notes the statistical information available in the statistical yearbooks for 2015 and 2017, prepared by the National Institute of Statistics, which indicate that the number of labour inspectors and controllers fell from 161 in 2015 to 149 in 2017. The Committee requests the Government to pursue its efforts, including in the context of the reform of the public administration, to ensure that the labour inspection services have the necessary human and material resources for the discharge of their duties. It requests the Government to provide detailed information on any measures adopted and the progress achieved in this respect and to continue providing information on the number of labour inspectors and controllers.

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1, 6 and 9 of the Convention. Organization and operation of the labour administration system. Further to its previous comments, the Committee notes the Government’s indication that a new organizational chart of the labour administration system is currently being drawn up and that a copy will be provided soon. The Committee requests the Government to provide a copy of the new organizational chart of the labour administration system once it has been finalized.

Article 5. Consultation, cooperation and negotiation between the public authorities and employers’ and workers’ organizations. Further to its previous comments, the Committee notes the Government’s indication in its report that the National Labour Council (CNT) is composed of an equal number of 12 representatives of the Government, of workers and of employers and that consultations are only held at the national level. As the operation of the CNT is being examined in relation to the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Committee refers the Government to its comments adopted in 2020 on that subject, concerning, in particular, the tripartite consultations carried out and the recommendations made by the social partners on issues related to international labour standards.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 5(a), 18 and 21(e) of the Convention. Effective cooperation between the labour inspection services and judicial bodies. Noting that according to the Government measures have not as yet been taken to facilitate cooperation between the inspection services and judicial bodies, the Committee requests the Government to keep the Office informed of any progress made or difficulties encountered in this respect.

Article 5(b). Collaboration with organizations of employers and workers. The Committee notes that, according to the Government, the arrangements for such consultations consist in the holding of monthly, quarterly or annual tripartite meetings and that the mechanism set up is the Committee on Workplace Safety, Health and Enhancement. The Committee requests the Government to continue to provide specific information on the content and arrangements of such cooperation and its impact on the application of the Convention.

Article 7(3). Training of labour inspectors. The Committee notes that, according to the Government, the Minister, with support from ILO/CRADAT (African Regional Centre for Labour Administration), has examined and validated a comprehensive programme for the training of labour inspectors at national level. The Committee requests the Government to continue to send information on the recruitment of new inspectors and on the comprehensive programme for the training of inspectors (for example, subjects covered, length of training, number of participants, etc.).

Articles 10 and 11. Resources assigned to the inspection services. The Committee notes that, according to the Government, a committee set up to revitalize the inspectorate is responsible inter alia for the recruitment of new staff members of the General Labour Inspectorate. The Committee regrets, however, that according to the annual inspection report for 2011, the lack of material and financial resources is one of the reasons for the cutback in labour inspection activities. The Committee requests the Government to indicate any measures taken, in the context of bilateral or international financial cooperation, to seek the resources necessary for the effective exercise of the functions of the labour inspection service.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the Government’s report received on 19 June 2013 and the observations of 30 August 2013 by the Confederation of Trade Unions of Congo (CSC). The Committee asks the Government to send any comments it deems fit in response to the CSC’s observations.

Articles 1, 4, 6 and 15(a) of the Convention. Reform of the labour inspectorate. Status and conditions of service of labour inspectors. Integrity of labour inspectors. Following up on its previous comments, the Committee welcomes the implementation of Decree No. 12/002 of 19 January 2012 on the establishment and organization of the “General Labour Inspectorate” (IGT) and the Government’s indication that the labour inspectorate has become a public service with administrative and financial autonomy. The Government also indicates that a committee to revitalize the inspectorate has been set up by Ministerial Order No. 007/CAB/MIN/ETPS/MBL/pkg 2013 of 24 January 2013, and that the plan for the inspectorate’s professional staff is under examination by the public service as part of the ongoing reform of the public administration.

The Committee notes that, according to section 28 of the above Decree, inspection staff are governed by special administrative regulations. The Committee further notes the CSC’s allegations concerning the corruption of a labour inspector. The Committee requests the Government to continue to provide detailed information on the implementation of the reform of the general labour inspectorate and to provide a copy of the new organizational chart and of the plan for the inspectorate’s professional staff. It requests the Government to provide a copy of the special administrative regulations governing labour inspectors and specific information on their conditions of service (for example, remuneration, bonuses granted, etc.), both at central level and in the provinces, as compared to other categories of public servants performing similar duties.

With reference to its previous comments, the Committee asks the Government to provide specific information on the practical effect given to Act No. 81-003 of 17 July 1981 concerning inspectors engaged in parallel employment (for example, disciplinary proceedings brought, penalties applied, etc.).

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 5(a), 18 and 21(e) of the Convention. Effective cooperation between the labour inspection services and judicial bodies. Noting that according to the Government measures have not as yet been taken to facilitate cooperation between the inspection services and judicial bodies, the Committee requests the Government to keep the Office informed of any progress made or difficulties encountered in this respect.

Article 5(b). Collaboration with organizations of employers and workers. The Committee notes that, according to the Government, the arrangements for such consultations consist in the holding of monthly, quarterly or annual tripartite meetings and that the mechanism set up is the Committee on Workplace Safety, Health and Enhancement. The Committee requests the Government to continue to provide specific information on the content and arrangements of such cooperation and its impact on the application of the Convention.

Article 7(3). Training of labour inspectors. The Committee notes that, according to the Government, the Minister, with support from ILO/CRADAT (African Regional Centre for Labour Administration), has examined and validated a comprehensive programme for the training of labour inspectors at national level. The Committee requests the Government to continue to send information on the recruitment of new inspectors and on the comprehensive programme for the training of inspectors (for example, subjects covered, length of training, number of participants, etc.).

Articles 10 and 11. Resources assigned to the inspection services. The Committee notes that, according to the Government, a committee set up to revitalize the inspectorate is responsible inter alia for the recruitment of new staff members of the General Labour Inspectorate. The Committee regrets, however, that according to the annual inspection report for 2011, the lack of material and financial resources is one of the reasons for the cutback in labour inspection activities. The Committee requests the Government to indicate any measures taken, in the context of bilateral or international financial cooperation, to seek the resources necessary for the effective exercise of the functions of the labour inspection service.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the Government’s report received on 19 June 2013 and the observations of 30 August 2013 by the Confederation of Trade Unions of Congo (CSC). The Committee asks the Government to send any comments it deems fit in response to the CSC’s observations.

Articles 1, 4, 6 and 15(a) of the Convention. Reform of the labour inspectorate. Status and conditions of service of labour inspectors. Integrity of labour inspectors. Following up on its previous comments, the Committee welcomes the implementation of Decree No. 12/002 of 19 January 2012 on the establishment and organization of the “General Labour Inspectorate” (IGT) and the Government’s indication that the labour inspectorate has become a public service with administrative and financial autonomy. The Government also indicates that a committee to revitalize the inspectorate has been set up by Ministerial Order No. 007/CAB/MIN/ETPS/MBL/pkg 2013 of 24 January 2013, and that the plan for the inspectorate’s professional staff is under examination by the public service as part of the ongoing reform of the public administration.

The Committee notes that, according to section 28 of the above Decree, inspection staff are governed by special administrative regulations. The Committee further notes the CSC’s allegations concerning the corruption of a labour inspector. The Committee requests the Government to continue to provide detailed information on the implementation of the reform of the general labour inspectorate and to provide a copy of the new organizational chart and of the plan for the inspectorate’s professional staff. It requests the Government to provide a copy of the special administrative regulations governing labour inspectors and specific information on their conditions of service (for example, remuneration, bonuses granted, etc.), both at central level and in the provinces, as compared to other categories of public servants performing similar duties.

With reference to its previous comments, the Committee asks the Government to provide specific information on the practical effect given to Act No. 81-003 of 17 July 1981 concerning inspectors engaged in parallel employment (for example, disciplinary proceedings brought, penalties applied, etc.).

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee refers the Government to its observation and wishes to raise the following additional points.

Articles 5(a), 18 and 21(e) of the Convention. Effective cooperation between the labour inspection services and judicial bodies. Noting that according to the Government measures have not as yet been taken to facilitate cooperation between the inspection services and judicial bodies, the Committee requests the Government to keep the Office informed of any progress made or difficulties encountered in this respect.

Article 5(b). Collaboration with organizations of employers and workers. The Committee notes that, according to the Government, the arrangements for such consultations consist in the holding of monthly, quarterly or annual tripartite meetings and that the mechanism set up is the Committee on Workplace Safety, Health and Enhancement. The Committee requests the Government to continue to provide specific information on the content and arrangements of such cooperation and its impact on the application of the Convention.

Article 7(3). Training of labour inspectors. The Committee notes that, according to the Government, the Minister, with support from ILO/CRADAT (African Regional Centre for Labour Administration), has examined and validated a comprehensive programme for the training of labour inspectors at national level. The Committee requests the Government to continue to send information on the recruitment of new inspectors and on the comprehensive programme for the training of inspectors (for example, subjects covered, length of training, number of participants, etc.).

Articles 10 and 11. Resources assigned to the inspection services. The Committee notes that, according to the Government, a committee set up to revitalize the inspectorate is responsible inter alia for the recruitment of new staff members of the General Labour Inspectorate. The Committee regrets, however, that according to the annual inspection report for 2011, the lack of material and financial resources is one of the reasons for the cutback in labour inspection activities. The Committee requests the Government to indicate any measures taken, in the context of bilateral or international financial cooperation, to seek the resources necessary for the effective exercise of the functions of the labour inspection service.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s report received on 19 June 2013 and the observations of 30 August 2013 by the Confederation of Trade Unions of Congo (CSC). The Committee asks the Government to send any comments it deems fit in response to the CSC’s observations.

Articles 1, 4, 6 and 15(a) of the Convention. Reform of the labour inspectorate. Status and conditions of service of labour inspectors. Integrity of labour inspectors. Following up on its previous comments, the Committee welcomes the implementation of Decree No. 12/002 of 19 January 2012 on the establishment and organization of the “General Labour Inspectorate” (IGT) and the Government’s indication that the labour inspectorate has become a public service with administrative and financial autonomy. The Government also indicates that a committee to revitalize the inspectorate has been set up by Ministerial Order No. 007/CAB/MIN/ETPS/MBL/pkg 2013 of 24 January 2013, and that the plan for the inspectorate’s professional staff is under examination by the public service as part of the ongoing reform of the public administration.

The Committee notes that, according to section 28 of the above Decree, inspection staff are governed by special administrative regulations. The Committee further notes the CSC’s allegations concerning the corruption of a labour inspector. The Committee requests the Government to continue to provide detailed information on the implementation of the reform of the general labour inspectorate and to provide a copy of the new organizational chart and of the plan for the inspectorate’s professional staff. It requests the Government to provide a copy of the special administrative regulations governing labour inspectors and specific information on their conditions of service (for example, remuneration, bonuses granted, etc.), both at central level and in the provinces, as compared to other categories of public servants performing similar duties.

With reference to its previous comments, the Committee asks the Government to provide specific information on the practical effect given to Act No. 81-003 of 17 July 1981 concerning inspectors engaged in parallel employment (for example, disciplinary proceedings brought, penalties applied, etc.).

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 5(a), 18 and 21(e) of the Convention. Effective cooperation between the labour inspection services and the judicial system. Effective application of appropriate penalties. The Committee once again notes that the Government is not aware of court decisions. In its general observation of 2007, the Committee emphasized that cooperation between the labour inspection services and the justice system is necessary to ensure the enforcement of legal provisions relating to conditions of work and the protection of workers in cases where the other means of action of the labour inspectorate, such as advice, notifications and warnings, have not been effective. The Committee once again requests the Government to indicate the measures adopted or envisaged to facilitate effective cooperation between the inspection services and the justice system, and in particular the transmission by the common courts to the labour inspection services of information on the judicial action taken as a result of reports of violations. The Government is also requested to provide information on the content of the decisions made by such courts.

Article 5(b) of the Convention and Part II of Recommendation No. 81. Collaboration with employers’ and workers’ organizations, particularly in the field of occupational safety and health. The Committee notes that the requested information has not been received. It would be grateful if the Government would reply to the questions raised in its previous direct request, which read as follows:

Article 5(b) of the Convention and Part II of Recommendation No. 81. Collaboration with employers’ and workers’ organizations, particularly in the field of occupational safety and health. While noting from the report on the work of the inspectorate that collaboration between the social partners and the labour inspectorate took the form of over 6,000 consultations on various subjects in the course of 2007, the Committee nonetheless observes that the number of fatal industrial accidents was high (52 in the four provinces covered by the statistics). The Committee would be grateful if the Government would describe the procedures for holding these consultations together with information on the measures taken or envisaged to encourage collaboration between the inspection services and employers’ and workers’ organizations with a view to improving the conditions for workers’ safety and health, as advocated in Part II of Recommendation No. 81 accompanying the Convention.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 4, 5, 7, 10, 11, 20 and 21 of the Convention. Administrative decentralization and labour inspection. The Committee notes the information provided by the Government in its report that labour inspection is a function that is considered to be an integral part of the national public service. The Government adds that it has prepared a draft Decree containing general provisions governing officials and managerial staff in the General Labour Inspectorate, and that this draft text has been submitted to the Prime Minister for signature. It adds that it undertakes to make the labour inspectorate a General Directorate and, at the 100th Session of the International Labour Conference, it referred to the reform of the General Labour Inspectorate into a specialized service enjoying administrative and financial autonomy to increase its effectiveness.

While noting these developments, the Committee also observes that the Government has not provided any documents enabling the Committee to assess the manner in which effect is given to the provisions of the Convention throughout the country. In particular, no report on the work of the inspection services has been received. With reference to previous comments, the Committee draws the Government’s attention to the risk of the weakening of the labour inspection system following the decentralization of the respective functions and responsibilities, if this decentralization is not accompanied by the effective transfer of the necessary resources for the functioning of the decentralized labour inspection services, to guarantee the protection of the workers covered by the Conventions throughout the national territory. The Committee therefore requests the Government to provide a copy of the Decree issuing general provisions governing officials and managerial staff in the General Labour Inspectorate as soon as it has been adopted, and to provide detailed information on the announced reform of the General Labour Inspectorate and the organizational plan of the labour inspection system at both the national and provincial levels. The Committee also once again requests the Government to provide copies of any texts or documents, including any report on the activities of the labour inspection, which would enable the Committee to assess the manner in which effect is given to the provisions of the Convention in practice.

Articles 3(2), 6 and 15(a). Integrity, independence and impartiality of labour inspectors. In reply to the Committee’s previous comments concerning the allegations of corruption of labour inspectors exercising parallel activities made by the Confederation of Trade Unions of Congo (CSC), the Government indicates that, in accordance with Act No.81-003 of 17 July 1981, labour inspectors cannot perform a second job. The Committee also notes that with a view to improving their status and conditions of service, a permanent bonus has been awarded for special duties to labour inspectors and controllers. The Committee would be grateful if the Government would provide clarifications on the status and conditions of service of labour inspectors at both the central and provincial levels and to transmit copies of the relevant legal texts. Please also indicate the percentage increase in the permanent monthly bonuses provided to labour inspectors and whether this increase covers the staff of the labour inspection in all the provinces of the country. The Committee also requests the Government to provide information on the disciplinary procedures and sanctions applicable in the event of violations of Act No. 81-003 of 17 July 1981 on the prohibition of the exercise of a parallel activity by labour inspectors.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 5(a), 18 and 21(e) of the Convention. Effective cooperation between the labour inspection services and the judicial system. Effective application of appropriate penalties. The Committee once again notes that the Government is not aware of court decisions. In its general observation of 2007, the Committee emphasized that cooperation between the labour inspection services and the justice system is necessary to ensure the enforcement of legal provisions relating to conditions of work and the protection of workers in cases where the other means of action of the labour inspectorate, such as advice, notifications and warnings, have not been effective. The Committee once again requests the Government to indicate the measures adopted or envisaged to facilitate effective cooperation between the inspection services and the justice system, and in particular the transmission by the common courts to the labour inspection services of information on the judicial action taken as a result of reports of violations. The Government is also requested to provide information on the content of the decisions made by such courts.

Article 5(b) of the Convention and Part II of Recommendation No. 81. Collaboration with employers’ and workers’ organizations, particularly in the field of occupational safety and health. The Committee notes that the requested information has not been received. It would be grateful if the Government would reply to the questions raised in its previous direct request, which read as follows:

Article 5(b) of the Convention and Part II of Recommendation No. 81. Collaboration with employers’ and workers’ organizations, particularly in the field of occupational safety and health. While noting from the report on the work of the inspectorate that collaboration between the social partners and the labour inspectorate took the form of over 6,000 consultations on various subjects in the course of 2007, the Committee nonetheless observes that the number of fatal industrial accidents was high (52 in the four provinces covered by the statistics). The Committee would be grateful if the Government would describe the procedures for holding these consultations together with information on the measures taken or envisaged to encourage collaboration between the inspection services and employers’ and workers’ organizations with a view to improving the conditions for workers’ safety and health, as advocated in Part II of Recommendation No. 81 accompanying the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 4, 5, 7, 10, 11, 20 and 21 of the Convention. Administrative decentralization and labour inspection. The Committee notes the information provided by the Government in its report that labour inspection is a function that is considered to be an integral part of the national public service. The Government adds that it has prepared a draft Decree containing general provisions governing officials and managerial staff in the General Labour Inspectorate, and that this draft text has been submitted to the Prime Minister for signature. It adds that it undertakes to make the labour inspectorate a General Directorate and, at the 100th Session of the International Labour Conference, it referred to the reform of the General Labour Inspectorate into a specialized service enjoying administrative and financial autonomy to increase its effectiveness.

While noting these developments, the Committee also observes that the Government has not provided any documents enabling the Committee to assess the manner in which effect is given to the provisions of the Convention throughout the country. In particular, no report on the work of the inspection services has been received. With reference to previous comments, the Committee draws the Government’s attention to the risk of the weakening of the labour inspection system following the decentralization of the respective functions and responsibilities, if this decentralization is not accompanied by the effective transfer of the necessary resources for the functioning of the decentralized labour inspection services, to guarantee the protection of the workers covered by the Conventions throughout the national territory. The Committee therefore requests the Government to provide a copy of the Decree issuing general provisions governing officials and managerial staff in the General Labour Inspectorate as soon as it has been adopted, and to provide detailed information on the announced reform of the General Labour Inspectorate and the organizational plan of the labour inspection system at both the national and provincial levels. The Committee also once again requests the Government to provide copies of any texts or documents, including any report on the activities of the labour inspection, which would enable the Committee to assess the manner in which effect is given to the provisions of the Convention in practice.

Articles 3(2), 6 and 15(a). Integrity, independence and impartiality of labour inspectors. In reply to the Committee’s previous comments concerning the allegations of corruption of labour inspectors exercising parallel activities made by the Confederation of Trade Unions of Congo (CSC), the Government indicates that, in accordance with Act No.81-003 of 17 July 1981, labour inspectors cannot perform a second job. The Committee also notes with interest that with a view to improving their status and conditions of service, a permanent bonus has been awarded for special duties to labour inspectors and controllers. The Committee would be grateful if the Government would provide clarifications on the status and conditions of service of labour inspectors at both the central and provincial levels and to transmit copies of the relevant legal texts. Please also indicate the percentage increase in the permanent monthly bonuses provided to labour inspectors and whether this increase covers the staff of the labour inspection in all the provinces of the country. The Committee also requests the Government to provide information on the disciplinary procedures and sanctions applicable in the event of violations of Act No. 81-003 of 17 July 1981 on the prohibition of the exercise of a parallel activity by labour inspectors.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee refers the Government to its observation and draws its attention to the following points.

Articles 5(a), 18 and 21(e) of the Convention. Effective cooperation between the labour inspection services and the justice system. Effective application of appropriate penalties. The report on work of the labour inspectorate for 2007 indicates that no information was sent to the labour inspectorate on the action taken on 68 reports of violations drawn up by labour inspectors and controllers, because these cases are dealt with under the ordinary law. The report also points out the urgent need to establish labour courts. Referring to the Committee’s general observation of 2007, the Government states that it undertakes to make all necessary arrangements for judicial decisions to be made available to the general labour inspectorate so that it can put this information to good use in attaining its objectives and include it in its annual report. The Committee requests the Government to indicate the nature of the difficulties preventing the ordinary courts from forwarding information to the labour inspectorate on the court decisions regarding the abovementioned reports of violations. It asks the Government in any event to keep the Office informed of measures effectively taken for this purpose and for that of facilitating effective cooperation between the inspection services and the justice system for the attainment of the Convention’s objectives. The Government is also asked to provide information in its next report on any judicial body set up to deal with infringements reported by the labour inspectorate, and on the content of any decisions they may have handed down.

Article 5(b) of the Convention and Part II of Recommendation No. 81. Collaboration with employers’ and workers’ organizations, particularly in the area of occupational safety and health. While noting from the report on the work of the inspectorate that collaboration between the social partners and the labour inspectorate took the form of over 6,000 consultations on various subjects in the course of 2007, the Committee nonetheless observes that the number of fatal industrial accidents was high (52 in the four provinces covered by the statistics). The Committee would be grateful if the Government would describe the procedures for holding these consultations together with information on the measures taken or envisaged to encourage collaboration between the inspection services and employers’ and workers’ organizations with a view to improving the conditions for workers’ safety and health, as proposed in Part II of Recommendation No. 81 accompanying the Convention.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes that notwithstanding the difficult times the country is going through, the General Labour Inspectorate has managed to produce a report for 2007 on the work of the services under its control containing detailed information and statistics on the subjects listed at Article 21 of the Convention for four of the country’s 11 provinces. It hopes that the central authority will pursue its efforts to gather and analyse data and information on the work of the inspectorate so that the annual report will gradually cover the entire country.

Articles 4, 5, 7, 10, 11, 20 and 21. Decentralized administration and the labour inspectorate. In its previous comments, the Committee took note of the provisions of the Constitution in force since 18 February 2006 providing that with the decentralization of the administration, the central authority would still have sole responsibility for the national public service, the public finances of the Republic and the labour legislation. These provisions being general in nature, the Committee was unable to assess their scope as compared to that of the provisions determining the responsibilities of the provincial authorities. While emphasizing  the importance of the social and economic role played by the labour inspectorate, it reminded the Government of the need to ensure that labour inspectors have a status and conditions of service that take due account of the importance and the specific nature of their duties, including remuneration scales based on criteria related to personal merit. To enable it to keep track of the situation, the Committee asked the Government to indicate how powers were distributed between the central authority and the provincial authorities in terms of the organization and functioning of the labour inspectorate and the appointment of labour inspection staff, and for budgetary decisions on the distribution of the resources needed to carry out this function of the public labour administration. In its report, the Government indicates that it has submitted a Bill on decentralization to Parliament, but states that it is unable to provide the information requested. The Committee notes, however, that Decree No. 08/06 of 26 March 2008 establishes a National Council (CNDM) to implement and monitor the decentralization process in the Democratic Republic of the Congo. It notes that section 12(4) of the Decree provides for a technical unit to assist with decentralization, with responsibility for monitoring the transfer of the financial and human resources allocated to the areas that are of the exclusive competence of the provinces and for the functions of the decentralized territorial entities. Pursuant to Act No. 07/009 of 31 December 2007 establishing the state budget for the 2008 financial year, the Government has undertaken to re-establish state authority over the entire national territory and to back it up with a stringent reform of the public administration with a view to improving the qualitative and quantitative performance of public officials. The Committee would be grateful if the Government would indicate precisely whether, by virtue of the Constitution, labour inspection is considered to be an integral part of the national public service, and asks it to provide a copy of any text or document that would enable the Committee to assess the manner in which effect is given throughout the national territory to the provisions of Articles 4, 5, 7, 10, 11, 20 and 21 of the Convention.

Articles 3(2), 6 and 15(a). Integrity, independence and impartiality of labour inspectors. In its previous comments the Committee noted, in connection with allegations by the Confederation of Trade Unions of Congo (CSC) of corruption among labour inspectors, that the Government had provided no information on the fact that some inspectors have a second occupation and on the lack of transport facilities. However, it notes the Government’s commitment to restructuring the inspection services so as to make them operational and ensure that labour inspectors enjoy a status and conditions of service commensurate with their responsibilities, thereby removing them from any improper external influence, such as might result from a subordinate position in parallel job. The Committee would be grateful if the Government would provide details as to the possibility for labour inspectors to have a second job and the conditions governing such a possibility. The Government is also asked to indicate how it applies in law and in practice its undertaking to improve the status and conditions of service of labour inspectors, and to provide copies of any relevant legislation or document.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee refers the Government to its observation and draws its attention to the following points.

Articles 5(a), 18 and 21(e) of the Convention. Effective cooperation between the labour inspection services and the justice system. Effective application of appropriate penalties. The report on work of the labour inspectorate for 2007 indicates that no information was sent to the labour inspectorate on the action taken on 68 reports of violations drawn up by labour inspectors and controllers, because these cases are dealt with under the ordinary law. The report also points out the urgent need to establish labour courts. Referring to the Committee’s general observation of 2007, the Government states that it undertakes to make all necessary arrangements for judicial decisions to be made available to the general labour inspectorate so that it can put this information to good use in attaining its objectives and include it in its annual report. The Committee requests the Government to indicate the nature of the difficulties preventing the ordinary courts from forwarding information to the labour inspectorate on the court decisions regarding the abovementioned reports of violations. It asks the Government in any event to keep the Office informed of measures effectively taken for this purpose and for that of facilitating effective cooperation between the inspection services and the justice system for the attainment of the Convention’s objectives. The Government is also asked to provide information in its next report on any judicial body set up to deal with infringements reported by the labour inspectorate, and on the content of any decisions they may have handed down.

Article 5(b) of the Convention and Part II of Recommendation No. 81. Collaboration with employers’ and workers’ organizations, particularly in the area of occupational safety and health. While noting from the report on the work of the inspectorate that collaboration between the social partners and the labour inspectorate took the form of over 6,000 consultations on various subjects in the course of 2007, the Committee nonetheless observes that the number of fatal industrial accidents was high (52 in the four provinces covered by the statistics). The Committee would be grateful if the Government would describe the procedures for holding these consultations together with information on the measures taken or envisaged to encourage collaboration between the inspection services and employers’ and workers’ organizations with a view to improving the conditions for workers’ safety and health, as proposed in Part II of Recommendation No. 81 accompanying the Convention.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with interest that notwithstanding the difficult times the country is going through, the General Labour Inspectorate has managed to produce a report for 2007 on the work of the services under its control containing detailed information and statistics on the subjects listed at Article 21 of the Convention for four of the country’s 11 provinces. It hopes that the central authority will pursue its efforts to gather and analyse data and information on the work of the inspectorate so that the annual report will gradually cover the entire country.

Articles 4, 5, 7, 10, 11, 20 and 21. Decentralized administration and the labour inspectorate. In its previous comments, the Committee took note of the provisions of the Constitution in force since 18 February 2006 providing that with the decentralization of the administration, the central authority would still have sole responsibility for the national public service, the public finances of the Republic and the labour legislation. These provisions being general in nature, the Committee was unable to assess their scope as compared to that of the provisions determining the responsibilities of the provincial authorities. While emphasizing  the importance of the social and economic role played by the labour inspectorate, it reminded the Government of the need to ensure that labour inspectors have a status and conditions of service that take due account of the importance and the specific nature of their duties, including remuneration scales based on criteria related to personal merit. To enable it to keep track of the situation, the Committee asked the Government to indicate how powers were distributed between the central authority and the provincial authorities in terms of the organization and functioning of the labour inspectorate and the appointment of labour inspection staff, and for budgetary decisions on the distribution of the resources needed to carry out this function of the public labour administration. In its report, the Government indicates that it has submitted a Bill on decentralization to Parliament, but states that it is unable to provide the information requested. The Committee notes, however, that Decree No. 08/06 of 26 March 2008 establishes a National Council (CNDM) to implement and monitor the decentralization process in the Democratic Republic of the Congo. It notes that section 12(4) of the Decree provides for a technical unit to assist with decentralization, with responsibility for monitoring the transfer of the financial and human resources allocated to the areas that are of the exclusive competence of the provinces and for the functions of the decentralized territorial entities. Pursuant to Act No. 07/009 of 31 December 2007 establishing the state budget for the 2008 financial year, the Government has undertaken to re-establish state authority over the entire national territory and to back it up with a stringent reform of the public administration with a view to improving the qualitative and quantitative performance of public officials. The Committee would be grateful if the Government would indicate precisely whether, by virtue of the Constitution, labour inspection is considered to be an integral part of the national public service, and asks it to provide a copy of any text or document that would enable the Committee to assess the manner in which effect is given throughout the national territory to the provisions of Articles 4, 5, 7, 10, 11, 20 and 21 of the Convention.

Article 3, paragraph 2, and Articles 6 and 15(a). Integrity, independence and impartiality of labour inspectors. In its previous comments the Committee noted, in connection with allegations by the Confederation of Trade Unions of Congo (CSC) of corruption among labour inspectors, that the Government had provided no information on the fact that some inspectors have a second occupation and on the lack of transport facilities. However, it notes the Government’s commitment to restructuring the inspection services so as to make them operational and ensure that labour inspectors enjoy a status and conditions of service commensurate with their responsibilities, thereby removing them from any improper external influence, such as might result from a subordinate position in parallel job. The Committee would be grateful if the Government would provide details as to the possibility for labour inspectors to have a second job and the conditions governing such a possibility. The Government is also asked to indicate how it applies in law and in practice its undertaking to improve the status and conditions of service of labour inspectors, and to provide copies of any relevant legislation or document.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 7 and 10 of the Convention. Labour inspection staff. Also referring to its observation, the Committee notes with interest the information sent in reply to its comments of 2002 concerning the basic qualification level of candidates for the labour inspectorate and also the content of their training. It would be grateful if the Government would supply further information giving details of the number and geographical distribution, by grade and sex, of labour inspectors who are entrusted with the duties laid down by Article 3, paragraph 1, of the Convention. It would be grateful if it would also indicate what prospects exist for strengthening the labour inspection staff and measures taken or envisaged in this respect.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report for the period ending 31 May 2006.

1. Articles 1, 2, 4, 5, 6, 7, 9, 10, 11, 19 and 20 of the Convention. Organization, functioning and budget of the labour inspection system. The Committee notes the new Constitution, which was adopted in May 2005 and entered into force on 18 February 2006, under which the national public service, the public finances of the Republic and labour legislation come under the exclusive competence of the central authority (section 202(8), (9) and (36)(e)), whereas the provincial and local public service and provincial public finances come under the competence of the provinces (section 204(3) and (5)). Referring to its comments made in 2000 and 2002 concerning the undertakings made by the Government to strengthen the resources of the labour inspectorate, and despite being fully aware of the severe and persistent budgetary constraints which the Government faces because of the economic situation, the Committee is nevertheless bound to underline the importance of the socio-economic role played by the labour inspectorate and to stress once again the need to provide labour inspectors with a status and conditions of service which take due account of the importance and the specific nature of their duties, in particular providing remuneration linked to personal merit. The Committee would be grateful if the Government would indicate the distribution of powers between the central authority and the provincial authorities with regard to the organization and functioning of labour inspection structures, the appointment of labour inspection staff and also budgetary decisions concerning the resources which are necessary for this function of the public administration.

While noting the Government’s reply to some of the issues raised by the Confederation of Trade Unions of Congo (CSC) in its observation, which was supported by a statement from the World Confederation of Labour (WCL, now International Trade Union Confederation – ITUC) and sent by the ILO on 16 July 2004, and likewise raised in a second CSC observation sent to the Government on 11 October 2005, the Committee draws its attention to the following points.

2. Article 3, paragraph 2, and Articles 6 and 15(a). Probity, independence and impartiality of labour inspectors. The observations sent by the CSC in 2004 and 2005 suggest that the highly precarious conditions of work of labour inspectors results in their tending to favour employers by allowing them to dismiss workers following individual and collective disputes in exchange for financial inducements. In addition, labour inspectors tend also to have parallel duties as heads of personnel in certain enterprises. In the CSC’s view, the profession of labour inspector is tainted with a reputation for corruption. Furthermore, the lack of transport facilities is an additional obstacle to the inspectors’ performance of their investigation duties. The Government, on the other hand, considers that, even though the conditions for performing labour inspection duties are indeed difficult, the inspectors do their best to ensure observance of the law with regard to the settlement of collective labour disputes, in accordance with sections 62, 298 and 304 of the Labour Code relating to termination of the employment contract at the employer’s initiative and Order No. 12/CAB/MIN/TPS/2005 of 26 October 2005, replacing Order No. 025/95 of 31 March 1995, concerning procedures for the dismissal of workers on the grounds of the operational needs of the enterprise, workplace or service. However, the Government makes no comment with regard to the performance by certain inspectors of a parallel profession or the lack of transport facilities referred to by the CSC. The Committee notes that the Government, contrary to what it states once again in its report, has not sent the Order of 5 May 1997, requested several times by the Committee, lifting the ban on inspection visits imposed by the Order of 25 August 1994.

As the Committee has underlined in its General Survey of 2006 on labour inspection, when inspectors do not receive remuneration commensurate with their responsibilities, the labour inspection itself is devalued. In carrying out their duties, inspectors may then find themselves treated with disrespect, which detracts from their authority. Their low standard of living can also expose inspection officials to the temptation of treating certain employers leniently in exchange for favours (paragraph 214). Combining jobs, even when there is a prohibition on intervening as an inspector in any matter having a direct or indirect link with their private activity, is, in the Committee’s view, an obstacle to the performance of inspection duties. The Committee therefore asks the Government to take measures to ensure that labour inspectors have a status and conditions of service which correspond to the importance of their responsibilities, shielding them from any improper external influence, in particular such influence as might result from being in a subordinate position because of parallel employment.

Also recalling that, in accordance with the guidance given by Recommendation No. 81, labour inspectors’ duties should not include acting as conciliator or arbitrator in labour disputes, and drawing the Government’s attention in this respect to paragraphs 72 and 74 of its General Survey of 2006 on labour inspection, the Committee asks it to take measures to ensure that inspectors are not entrusted with any such task or with any other task that might interfere with the effective discharge of their primary duties defined by Article 3, paragraph 1, of the Convention or that might prejudice in any way the authority and impartiality which are necessary in their relations with employers and workers. The Committee hopes that the inspection services will thus devote most of their human and material resources to the duties of supervision, information and technical advice to employers and workers, and to improving the legislation on conditions of work and the protection of workers while engaged in their work.

3. Articles 22 and 23, paragraph 2, of the ILO Constitution. Obligation to report to the ILO and obligation to communicate to professional organizations government reports submitted to the ILO. In its first observation, the CSC indicated that the Government was not communicating to workers’ organizations its reports on the measures taken to apply the Convention. The Committee notes that the Government does not reply to this allegation, but states that it sent its last report to four employers’ organizations and 12 workers’ organizations. In its previous report covering the period from 1 September 1997 to 31 May 2000 which was received by the ILO on 8 June 2001, the Government stated that it had sent that report to three employers’ organizations and six workers’ organizations. The Committee asks the Government to take measures to ensure that its reports to the ILO on the application of the present Convention are communicated in good time in future to professional organizations so that they are able to react with the necessary promptness. It also reiterates that the Government is bound, as stated in the Convention report form, not only to supply information on any new legislative measures concerning the application of the Convention and send a copy of the report to employers’ and workers’ organizations, but also to provide information in reply to questions in the report form on the practical application of the Convention and on any observations from such organizations, as well as in reply to any comment from the ILO supervisory bodies regarding the application of the Convention.

4. Articles 20 and 21. Annual report on the work of the labour inspection services. The Committee notes that no information has been provided for many years on the implementation of measures to give full effect to these provisions of the Convention, with the result that it has no practical or illustrative information on the functioning of the labour inspection system with which to fulfil its supervisory duty. It would be grateful if the Government would adopt such measures rapidly, inform the ILO and also send all available information and statistics on the matters covered by Article 21.

The Committee is also sending a direct request to the Government on another point.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of comments received from the Confederation of Trade Unions of Congo (CSC) in September 2005, which were transmitted to the Government. It notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation which read as follows:

The Committee notes the comments on the application of the Convention communicated to the ILO by the Confederation of Trade Unions of Congo (CSC) by a letter of 31 May 2004, which were forwarded by the ILO to the Government on 16 July 2004, supported by a statement by the World Confederation of Labour (WCL) of 28 July, forwarded to the Government on 16 August 2004.

According to the CSC: (i) the Government has not sent any report to workers’ organizations; (ii) in exchange for financial inducements to labour inspectors, employers are allowed to dismiss workers on the occasion of both individual and collective disputes; and (iii) a number of labour inspectors divide their working day between the role of heads of personnel in an enterprise in the morning and labour inspectors in the afternoon.

The Committee would be grateful if the Government would provide any comments that it considers useful on the points indicated above in relation to Articles 6 and 15(a) of the Convention. The comments of the CSC and the WCL will be examined together with any clarifications that the Government wishes to make at the next session of the Committee.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It notes the comments on the application of the Convention communicated to the ILO by the Confederation of Trade Unions of Congo (CSC) by a letter of 31 May 2004, which were forwarded by the ILO to the Government on 16 July 2004, supported by a statement by the World Confederation of Labour (WCL) of 28 July, forwarded to the Government on 16 August 2004.

According to the CSC: (i) the Government has not sent any report to workers’ organizations; (ii) in exchange for financial inducements to labour inspectors, employers are allowed to dismiss workers on the occasion of both individual and collective disputes; and (iii) a number of labour inspectors divide their working day between the role of heads of personnel in an enterprise in the morning and labour inspectors in the afternoon.

The Committee would be grateful if the Government would provide any comments that it considers useful on the points indicated above in relation to the provisions of article 23, paragraph 2, of the Constitution of the ILO and Articles 6 and 15(a) of the Convention. The comments of the CSC and the WCL will be examined together with any clarifications that the Government wishes to make at the next appropriate session of the Committee.

The Committee is once again addressing directly to the Government its request of 2002 on certain matters.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

In its direct request of 2000, the Committee took note of resolutions by the Government to apply a number of measures in the labour inspectorate to remedy: the lack of a statute for management staff; the lack of human and material resources; the lack of any policy on recruitment and training of inspection staff; the under-qualification and inexperience of labour inspectors; low salaries and a lack of special allowances. Among those measures, the Committee noted in particular: the immediate lifting of the ban on inspection visits issued by a circular of the former Minister of Labour; the adoption of special regulations for labour inspectors to govern the conditions of their recruitment and promotion with the establishment of a facility for training and further training in the course of employment; and the provision of the human, material and financial resources the labour inspection services need in order to carry out their duties. In response to the Committee’s request for information on developments in the above situation, the Government reports on two measures implemented:

1.  Provision of training (theory) for 50 or so labour inspectorate candidates for three months, following which those who pass the assessment test will go on to a practical course leading to their integration in the labour inspection service.

2.  The lifting of the ban on inspection visits by means of a ministerial order of 5 May 1997 revoking the decision of 25 August 1994 which imposed it.

The Committee would be grateful if the Government would provide information on the level and basic qualifications of candidates for the labour inspectorate, the content of the theory course required for selection and the length and content of the practical training after which they are integrated in the inspection service. Please include a copy of the ministerial order lifting the ban on inspection visits which was not sent with the last report.

The Committee also asks the Government to keep the Office informed on the implementation of the other measures announced to improve the organization, operation and effectiveness of the labour inspection system, particularly regarding the plan to draw up special regulations for the labour inspectorate and to provide the inspection services with the material and financial resources they need to perform their duties.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes the contents of the Government’s report for 1996 relative to the application of the Convention. The Committee also notes the communication addressed to the ILO by the Minister of Labour and Social Welfare in November 1997 which confirms the will of the new Government to again exercise control over national institutions and to invest them with the necessary means to enable them to respond to the legitimate expectations of the people and to request the technical assistance of the ILO in matters pertaining to labour administration. Moreover, the Committee notes the report submitted by the ILO mission, following a governmental seminar from 4 to 7 December 1995, which indicated that the situation and functioning of the labour inspectorate was far from satisfactory and, in particular, the absence of managerial status for labour inspectors (revoked many years ago); the lack of human and material resources; lack of qualification and experience of labour inspectors; the total lack of any recruitment or training policies; lack of motivation amongst labour inspectors as a consequence of inadequate salaries and non-reimbursement of expenses. Moreover, the report indicates that a Circular issued by the minister responsible for labour banned inspection visits in enterprises. The Committee notes that, as a consequence of the seminar, the ILO mission reported that the ban on inspection visits of enterprises would be immediately lifted; a text would be drafted and adopted establishing terms and conditions of recruitment, employment and promotion of labour inspectors; a recruitment and training policy for labour inspectors would be drafted and implemented; a training and career development training structure for labour inspectors would be defined and implemented and the necessary human, material and financial resources would be made available to the labour inspectorate to enable them to fulfil their missions. The Committee would be grateful if the Government would provide information in its next report on the developments in the situation and functioning of the labour inspectorate in respect of the above problems and the strategy conceptualized by the participants of the above seminar.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the contents of the Government's report for 1996 relative to the application of the Convention. The Committee also notes the communication addressed to the ILO by the Minister of Labour and Social Welfare in November 1997 which confirms the will of the new Government to again exercise control over national institutions and to invest them with the necessary means to enable them to respond to the legitimate expectations of the people and to request the technical assistance of the ILO in matters pertaining to labour administration. Moreover, the Committee notes the report submitted by the ILO mission, following a governmental seminar from 4 to 7 December 1995, which indicated that the situation and functioning of the labour inspectorate was far from satisfactory and, in particular, the absence of managerial status for labour inspectors (revoked many years ago); the lack of human and material resources; lack of qualification and experience of labour inspectors; the total lack of any recruitment or training policies; lack of motivation amongst labour inspectors as a consequence of inadequate salaries and non-reimbursement of expenses. Moreover, the report indicates that a Circular issued by the minister responsible for labour banned inspection visits in enterprises. The Committee notes that, as a consequence of the seminar, the ILO mission reported that the ban on inspection visits of enterprises would be immediately lifted; a text would be drafted and adopted establishing terms and conditions of recruitment, employment and promotion of labour inspectors; a recruitment and training policy for labour inspectors would be drafted and implemented; a training and career development training structure for labour inspectors would be defined and implemented and the necessary human, material and financial resources would be made available to the labour inspectorate to enable them to fulfil their missions. The Committee would be grateful if the Government would provide information in its next report on the developments in the situation and functioning of the labour inspectorate in respect of the above problems and the strategy conceptualized by the participants of the above seminar.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation, which read as follows:

In its previous comments, the Committee noted the need to prepare and publish annual inspection reports in accordance with Articles 20 and 21 of the Convention, and the difficulties encountered by the Government in the application of Article 7, paragraph 3 (the vocational training of labour inspectors), Article 10 (the number of labour inspectors), Article 11 (the transport and other facilities furnished to labour inspectors) and Article 16 (the frequency of inspections). It notes that the Government has supplied very incomplete reports on the activities of the inspection services for the years 1989, 1990 and 1991. These reports, supplemented by brief information in the report on the Convention, appear to confirm that the objective set out in the Convention, which is to ensure that workplaces are inspected as often and as thoroughly as necessary, despite the efforts of the labour inspectors, is still implemented in a very unsatisfactory manner. The Committee notes in this context that the ILO provided assistance to the Government in 1990 to retrain labour inspectors, and that the Government would like to see this assistance renewed, but that, in view in particular of the lack of resources of the inspection services, this assistance cannot by itself ensure that the Convention is applied. In this context, the Committee also notes the information contained in the annual report for 1991 concerning the impact of social and political events in the country and the hope placed in the National Sovereignty Conference by the workers. The Committee recalls the important contribution that labour inspection can make to economic development and the sound management of rare resources (see paragraphs 55 to 57 of its General Report of 1992). It trusts that the Government will find the means to overcome its difficulties in the application of the Convention by endeavouring, in particular, to supply the inspection services with the human and material resources which are essential for them, and that it will supply all the necessary information in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation, which read as follows:

In its previous comments, the Committee noted the need to prepare and publish annual inspection reports in accordance with Articles 20 and 21 of the Convention, and the difficulties encountered by the Government in the application of Article 7, paragraph 3 (the vocational training of labour inspectors), Article 10 (the number of labour inspectors), Article 11 (the transport and other facilities furnished to labour inspectors) and Article 16 (the frequency of inspections). It notes that the Government has supplied very incomplete reports on the activities of the inspection services for the years 1989, 1990 and 1991. These reports, supplemented by brief information in the report on the Convention, appear to confirm that the objective set out in the Convention, which is to ensure that workplaces are inspected as often and as thoroughly as necessary, despite the efforts of the labour inspectors, is still implemented in a very unsatisfactory manner. The Committee notes in this context that the ILO provided assistance to the Government in 1990 to retrain labour inspectors, and that the Government would like to see this assistance renewed, but that, in view in particular of the lack of resources of the inspection services, this assistance cannot by itself ensure that the Convention is applied. In this context, the Committee also notes the information contained in the annual report for 1991 concerning the impact of social and political events in the country and the hope placed in the National Sovereignty Conference by the workers. The Committee recalls the important contribution that labour inspection can make to economic development and the sound management of rare resources (see paragraphs 55 to 57 of its General Report of 1992). It trusts that the Government will find the means to overcome its difficulties in the application of the Convention by endeavouring, in particular, to supply the inspection services with the human and material resources which are essential for them, and that it will supply all the necessary information in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observations which read as follows:

In its previous comments, the Committee noted the need to prepare and publish annual inspection reports in accordance with Articles 20 and 21 of the Convention, and the difficulties encountered by the Government in the application of Article 7, paragraph 3 (the vocational training of labour inspectors), Article 10 (the number of labour inspectors), Article 11 (the transport and other facilities furnished to labour inspectors) and Article 16 (the frequency of inspections). It notes that the Government has supplied very incomplete reports on the activities of the inspection services for the years 1989, 1990 and 1991. These reports, supplemented by brief information in the report on the Convention, appear to confirm that the objective set out in the Convention, which is to ensure that workplaces are inspected as often and as thoroughly as necessary, despite the efforts of the labour inspectors, is still implemented in a very unsatisfactory manner. The Committee notes in this context that the ILO provided assistance to the Government in 1990 to retrain labour inspectors, and that the Government would like to see this assistance renewed, but that, in view in particular of the lack of resources of the inspection services, this assistance cannot by itself ensure that the Convention is applied. In this context, the Committee also notes the information contained in the annual report for 1991 concerning the impact of social and political events in the country and the hope placed in the National Sovereignty Conference by the workers. The Committee recalls the important contribution that labour inspection can make to economic development and the sound management of rare resources (see paragraphs 55 to 57 of its General Report of 1992). It trusts that the Government will find the means to overcome its difficulties in the application of the Convention by endeavouring, in particular, to supply the inspection services with the human and material resources which are essential for them, and that it will supply all the necessary information in this respect.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

In its previous comments, the Committee noted the need to prepare and publish annual inspection reports in accordance with Articles 20 and 21 of the Convention, and the difficulties encountered by the Government in the application of Article 7, paragraph 3 (the vocational training of labour inspectors), Article 10 (the number of labour inspectors), Article 11 (the transport and other facilities furnished to labour inspectors) and Article 16 (the frequency of inspections). It notes that the Government has supplied very incomplete reports on the activities of the inspection services for the years 1989, 1990 and 1991. These reports, supplemented by brief information in the report on the Convention, appear to confirm that the objective set out in the Convention, which is to ensure that workplaces are inspected as often and as thoroughly as necessary, despite the efforts of the labour inspectors, is still implemented in a very unsatisfactory manner. The Committee notes in this context that the ILO provided assistance to the Government in 1990 to retrain labour inspectors, and that the Government would like to see this assistance renewed, but that, in view in particular of the lack of resources of the inspection services, this assistance cannot by itself ensure that the Convention is applied. In this context, the Committee also notes the information contained in the annual report for 1991 concerning the impact of social and political events in the country and the hope placed in the National Sovereignty Conference by the workers.

The Committee recalls the important contribution that labour inspection can make to economic development and the sound management of rare resources (see paragraphs 55 to 57 of its General Report of 1992). It trusts that the Government will find the means to overcome its difficulties in the application of the Convention by endeavouring, in particular, to supply the inspection services with the human and material resources which are essential for them, and that it will supply all the necessary information in this respect.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

With reference to its observation, the Committee recalls the concern it expressed in its previous comments about the lack of human and material resources in the labour inspection services. In its last report, the Government again refers to the difficulties - budgetary and otherwise - encountered in the application of Article 7(3) (vocational training of inspection staff); Article 10 (number of labour inspectors); Article 11 (suitably equipped offices and availability of transport); and Article 16 (frequency of inspection visits) of the Convention, and the efforts made to overcome them.

The Committee hopes that the next report will contain all the information required on the above Articles of the Convention. It trusts once again that the Government will take advantage of all the various possibilities for technical co-operation available in this area at the International Labour Office.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that the delay in publishing the annual report of the General Labour Inspectorate is due mainly to delays at the regional level. The Committee hopes that - as the Government anticipates - the necessary statistical information will be included in the next report on the application of the Convention and that all appropriate measures will be taken to ensure that inspection reports are regularly compiled and published in accordance with Articles 20 and 21 of the Convention. The Committee is again addressing a direct request to the Government on certain other questions.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its observation, the Committee recalls the concern it expressed in its previous comments about the lack of human and material resources in the labour inspection services. In its last report, the Government again refers to the difficulties - budgetary and otherwise - encountered in the application of Article 7(3) (vocational training of inspection staff); Article 10 (number of labour inspectors); Article 11 (suitably equipped offices and availability of transport); and Article 16 (frequency of inspection visits) of the Convention, and the efforts made to overcome them.

The Committee hopes that the next report will contain all the information required on the above Articles of the Convention. It trusts once again that the Government will take advantage of all the various possibilities for technical co-operation available in this area at the International Labour Office.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its previous observation, the Committee notes the information provided by the Government that the delay in publishing the annual report of the General Labour Inspectorate is due mainly to delays at the regional level. The Committee hopes that - as the Government anticipates - the necessary statistical information will be included in the next report on the application of the Convention and that all appropriate measures will be taken to ensure that inspection reports are regularly compiled and published in accordance with Articles 20 and 21 of the Convention.

The Committee is again addressing a direct request to the Government on certain other questions