Labour Inspection Convention, 1947 (No. 81) - Congo (Ratification: 1999)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s reports on Convention No. 81, due since 2012, and on Convention No. 150, due since 2018, have not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Conventions on the basis of the information at its disposal.

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 Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Application of the Convention in law and in practice. The Committee notes the adoption of Order No. 21399 of 16 August 2021 on the responsibilities and organization of the departmental labour directorates, which, inter alia, determines the responsibilities of the head of the labour inspectorate. The Committee also notes that a Decent Work Country Programme (DWCP) 2018–22 has been developed in collaboration with the Office. The Committee notes that one of the priority actions to strengthen the social dialogue capacities of actors in the world of work is the restructuring of the labour administration to increase its efficiency (outcome 2.4). Aware of the country’s budgetary difficulties, the Committee observes that the Government has not provided detailed information on the legislative framework and the implementation of the Convention for many years. Thus, the Committee is lacking important details for the examination of the labour inspection system in the country. The Committee therefore urges the Government to provide, in its next report, any information to enable it to assess the degree of application of the Convention in law and practice. This should include information on:

• (i) the organization of the labour inspectorate, including the updated geographical distribution of the number of officials empowered with inspection functions (Articles 2, 4, and 10);
• (ii) the proportion of inspectors’ enforcement activities vis-à-vis their conciliation activities (Article 3(1) and (2));
• (iii) the cooperation established between the labour inspector services and other government services (Article 5(a)) and collaboration with employers’ and workers’ organizations (Article 5(b));
• (iv) the frequency and content of, and number of participants in training provided to labour inspectors throughout their career (Article 7(3));
• (v) the conditions of service of inspection staff, including progress in adopting a special status for labour inspectors (Article 6);
• (vi) the financial resources, means of action and transport available to the labour inspectorate (Article 11);
• (vii) the measures taken to ensure that cases of occupational disease are notified to the labour inspectorate (Article 14).

In addition, the Committee urges the Government to take the necessary measures to ensure that annual reports on the activities of the labour inspectorate are published and communicated regularly to the ILO, within the time lines set out in Article 20, and that they contain the following information, as set out under Article 21: (a) laws and regulations relevant to the work of the inspection service; (b) number and composition of staff of the labour inspection service, in accordance with the requirements of Articles 6, 7, 8, 9 and 10; (c) statistics of workplaces liable to inspection and the number of workers employed therein; (d) statistics of inspection visits in accordance with the requirements of Article 16; (e) statistics of violations and penalties imposed in accordance with the requirements of Articles 13, 17 and 18; and (f) and (g) statistics of industrial accidents and occupational diseases in accordance with the requirements of Article 14.

The Committee also requests the Government to provide information on the progress made regarding the revision of the Labour Code and to provide a copy of the draft law.

The Committee once again reminds the Government of the possibility of availing itself of ILO technical assistance and of requesting, within the framework of international financial cooperation, financial support in order to ensure the establishment and operation of the labour inspection system, and would be grateful for information on any progress made or difficulties encountered.

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1, 4, 5, 6, 8 and 10 of the Convention. Structure and operation of the labour administration. Noting the above-mentioned DWCP 2018–22, the Committee observes an absence of up-to-date information on the structure and operation of the system of labour administration. Aware of the complex socioeconomic context, the Committee urges the Government to provide in its next report information on all the following points:

• (i) the updated structure of labour administration at central, regional and local levels and the organizational charts of the bodies provided for in Decree No. 2009-469 (Article 1);
• (ii) measures taken to ensure the effective organization of the labour administration in the territory and the coordination between the central administration and the departmental directorates (Article 4);
• (iii) consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers carried out within the social dialogue tripartite bodies at the national, regional and local levels for the implementation of the provisions of the Convention (Article 5);
• (iv) the responsibilities of the competent bodies within the system of labour administration relating to the preparation, administration, coordination, checking and review of national employment policy (Article 6);
• (v) the composition and activities carried out by the technical advisory committee on international labour standards, the issues which led to consultations within the committee and the results thereof (Article 8).

Referring to its comments above concerning the application of Articles 6 and 11 of Convention No. 81, the Committee requests the Government to provide information on the measures taken to ensure that the staff of the labour administration system have the status, material means and financial resources necessary for the effective performance of their duties, in accordance with Article 10 of the Convention.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Absence of practical information to enable the Committee to assess the operation of the labour inspectorate in relation to the provisions of the Convention and relevant national laws. The Committee notes the updated information regarding the number and geographical distribution by category of labour inspection staff. It notes, by comparison with the data given in the report received from the Government in 2008, a substantial reduction in labour inspection staff, in particular labour inspectors (from 75 to 55) and principal controllers (from 96 to 72). The Committee recalls that, according to Article 10, in order to secure the effective discharge of the duties of the labour inspectorate, the number of labour inspectors must be determined with due regard to the importance of the duties which inspectors have to perform, in particular the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out.

While the laws and regulations concerning labour inspection and its mandate and prerogatives are available, it must be noted that there are no numerical data on other areas defined in Article 10 and, as the Government admits, there are no specific measures for giving effect to the provisions of Article 11 concerning the material conditions of work of labour inspectors, who do not have access to the transport facilities required for them to carry out their duties. The Committee notes, on the other hand, that according to the Government, inspectors’ travel and related costs are reimbursed by the competent authority on presentation of invoices, which was not always the case, according to the report received in 2008.

The Committee once again requests the Government to provide in its next report all the available information needed to assess the application of the Convention in law and in practice. This information should cover, among other matters: (i) the up-to-date geographical distribution of public officials responsible for labour inspection as defined in Article 3(1) of the Convention; (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career advancement in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors visit enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Committee also requests the Government to communicate a copy of any inspection activity reports originating from regional directorates, including the reports cited in the Government’s reports sent to the ILO in 2008 and 2011; a copy of the draft or final text of the regulations relating to the status and conditions of service of labour inspectors; copies of the proposed amendments to the Labour Code, and of the memorandum which was reportedly sent to the ILO and is intended to improve the functioning of the labour inspection service.

In order to establish a labour inspection system that will respond to the social and economic goals which are the object of the Convention, the Committee urges the Government to make every effort to adopt the measures needed to implement the measures described in the Committee’s general observations made in 2007 (concerning the need for effective cooperation between the labour inspection service and the judicial system), in 2009 (concerning the need for statistics on industrial and commercial workplaces subject to labour inspection and the number of workers covered, and 2010 (concerning publication of the content of an annual report on the functioning of the labour inspection system). The Committee recalls once again the possibility of obtaining technical assistance from the ILO and of requesting, within the context of international financial cooperation, financial assistance in order to give the necessary impetus to the establishment and operation of the labour inspection system, and would be grateful for any information on progress made and difficulties encountered.

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

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Absence of practical information to enable the Committee to assess the operation of the labour inspectorate in relation to the provisions of the Convention and relevant national laws. The Committee notes the updated information regarding the number and geographical distribution by category of labour inspection staff. It notes, by comparison with the data given in the report received from the Government in 2008, a substantial reduction in labour inspection staff, in particular labour inspectors (from 75 to 55) and principal controllers (from 96 to 72). The Committee recalls that, according to Article 10, in order to secure the effective discharge of the duties of the labour inspectorate, the number of labour inspectors must be determined with due regard to the importance of the duties which inspectors have to perform, in particular the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out.

While the laws and regulations concerning labour inspection and its mandate and prerogatives are available, it must be noted that there are no numerical data on other areas defined in Article 10 and, as the Government admits, there are no specific measures for giving effect to the provisions of Article 11 concerning the material conditions of work of labour inspectors, who do not have access to the transport facilities required for them to carry out their duties. The Committee notes, on the other hand, that according to the Government, inspectors’ travel and related costs are reimbursed by the competent authority on presentation of invoices, which was not always the case, according to the report received in 2008.

The Committee once again requests the Government to provide in its next report all the available information needed to assess the application of the Convention in law and in practice. This information should cover, among other matters: (i) the up-to-date geographical distribution of public officials responsible for labour inspection as defined in Article 3(1) of the Convention; (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career advancement in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors visit enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Committee also requests the Government to communicate a copy of any inspection activity reports originating from regional directorates, including the reports cited in the Government’s reports sent to the ILO in 2008 and 2011; a copy of the draft or final text of the regulations relating to the status and conditions of service of labour inspectors; copies of the proposed amendments to the Labour Code, and of the memorandum which was reportedly sent to the ILO and is intended to improve the functioning of the labour inspection service.

In order to establish a labour inspection system that will respond to the social and economic goals which are the object of the Convention, the Committee urges the Government to make every effort to adopt the measures needed to implement the measures described in the Committee’s general observations made in 2007 (concerning the need for effective cooperation between the labour inspection service and the judicial system), in 2009 (concerning the need for statistics on industrial and commercial workplaces subject to labour inspection and the number of workers covered, and 2010 (concerning publication of the content of an annual report on the functioning of the labour inspection system). The Committee recalls once again the possibility of obtaining technical assistance from the ILO and of requesting, within the context of international financial cooperation, financial assistance in order to give the necessary impetus to the establishment and operation of the labour inspection system, and would be grateful for any information on progress made and difficulties encountered.

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

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2011.

Repetition

Absence of practical information to enable the Committee to assess the operation of the labour inspectorate in relation to the provisions of the Convention and relevant national laws. The Committee notes the updated information regarding the number and geographical distribution by category of labour inspection staff. It notes, by comparison with the data given in the report received from the Government in 2008, a substantial reduction in labour inspection staff, in particular labour inspectors (from 75 to 55) and principal controllers (from 96 to 72). The Committee recalls that, according to Article 10, in order to secure the effective discharge of the duties of the labour inspectorate, the number of labour inspectors must be determined with due regard to the importance of the duties which inspectors have to perform, in particular the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out.

While the laws and regulations concerning labour inspection and its mandate and prerogatives are available, it must be noted that there are no numerical data on other areas defined in Article 10 and, as the Government admits, there are no specific measures for giving effect to the provisions of Article 11 concerning the material conditions of work of labour inspectors, who do not have access to the transport facilities required for them to carry out their duties. The Committee notes, on the other hand, that according to the Government, inspectors’ travel and related costs are reimbursed by the competent authority on presentation of invoices, which was not always the case, according to the report received in 2008.

The Committee once again requests the Government to provide in its next report all the available information needed to assess the application of the Convention in law and in practice. This information should cover, among other matters: (i) the up-to-date geographical distribution of public officials responsible for labour inspection as defined in Article 3(1) of the Convention; (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career advancement in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors visit enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Committee also requests the Government to communicate a copy of any inspection activity reports originating from regional directorates, including the reports cited in the Government’s reports sent to the ILO in 2008 and 2011; a copy of the draft or final text of the regulations relating to the status and conditions of service of labour inspectors; copies of the proposed amendments to the Labour Code, and of the memorandum which was reportedly sent to the ILO and is intended to improve the functioning of the labour inspection service.

In order to establish a labour inspection system that will respond to the social and economic goals which are the object of the Convention, the Committee urges the Government to make every effort to adopt the measures needed to implement the measures described in the Committee’s general observations made in 2007 (concerning the need for effective cooperation between the labour inspection service and the judicial system), in 2009 (concerning the need for statistics on industrial and commercial workplaces subject to labour inspection and the number of workers covered, and 2010 (concerning publication of the content of an annual report on the functioning of the labour inspection system). The Committee recalls once again the possibility of obtaining technical assistance from the ILO and of requesting, within the context of international financial cooperation, financial assistance in order to give the necessary impetus to the establishment and operation of the labour inspection system, and would be grateful for any information on progress made and difficulties encountered.

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

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

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

Repetition

Absence of practical information to enable the Committee to assess the operation of the labour inspectorate in relation to the provisions of the Convention and relevant national laws. The Committee notes the updated information regarding the number and geographical distribution by category of labour inspection staff. It notes, by comparison with the data given in the report received from the Government in 2008, a substantial reduction in labour inspection staff, in particular labour inspectors (from 75 to 55) and principal controllers (from 96 to 72). The Committee recalls that, according to Article 10, in order to secure the effective discharge of the duties of the labour inspectorate, the number of labour inspectors must be determined with due regard to the importance of the duties which inspectors have to perform, in particular the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out.

While the laws and regulations concerning labour inspection and its mandate and prerogatives are available, it must be noted that there are no numerical data on other areas defined in Article 10 and, as the Government admits, there are no specific measures for giving effect to the provisions of Article 11 concerning the material conditions of work of labour inspectors, who do not have access to the transport facilities required for them to carry out their duties. The Committee notes, on the other hand, that according to the Government, inspectors’ travel and related costs are reimbursed by the competent authority on presentation of invoices, which was not always the case, according to the report received in 2008.

The Committee once again requests the Government to provide in its next report all the available information needed to assess the application of the Convention in law and in practice. This information should cover, among other matters: (i) the up-to-date geographical distribution of public officials responsible for labour inspection as defined in Article 3(1) of the Convention; (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career advancement in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors visit enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Committee also requests the Government to communicate a copy of any inspection activity reports originating from regional directorates, including the reports cited in the Government’s reports sent to the ILO in 2008 and 2011; a copy of the draft or final text of the regulations relating to the status and conditions of service of labour inspectors; copies of the proposed amendments to the Labour Code, and of the memorandum which was reportedly sent to the ILO and is intended to improve the functioning of the labour inspection service.

In order to establish a labour inspection system that will respond to the social and economic goals which are the object of the Convention, the Committee urges the Government to make every effort to adopt the measures needed to implement the measures described in the Committee’s general observations made in 2007 (concerning the need for effective cooperation between the labour inspection service and the judicial system), in 2009 (concerning the need for statistics on industrial and commercial workplaces subject to labour inspection and the number of workers covered, and 2010 (concerning publication of the content of an annual report on the functioning of the labour inspection system). The Committee recalls once again the possibility of obtaining technical assistance from the ILO and of requesting, within the context of international financial cooperation, financial assistance in order to give the necessary impetus to the establishment and operation of the labour inspection system, and would be grateful for any information on progress made and difficulties encountered.

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

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

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

Repetition

Absence of practical information to enable the Committee to assess the operation of the labour inspectorate in relation to the provisions of the Convention and relevant national laws. The Committee notes the updated information regarding the number and geographical distribution by category of labour inspection staff. It notes, by comparison with the data given in the report received from the Government in 2008, a substantial reduction in labour inspection staff, in particular labour inspectors (from 75 to 55) and principal controllers (from 96 to 72). The Committee recalls that, according to Article 10, in order to secure the effective discharge of the duties of the labour inspectorate, the number of labour inspectors must be determined with due regard to the importance of the duties which inspectors have to perform, in particular the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out.

While the laws and regulations concerning labour inspection and its mandate and prerogatives are available, it must be noted that there are no numerical data on other areas defined in Article 10 and, as the Government admits, there are no specific measures for giving effect to the provisions of Article 11 concerning the material conditions of work of labour inspectors, who do not have access to the transport facilities required for them to carry out their duties. The Committee notes, on the other hand, that according to the Government, inspectors’ travel and related costs are reimbursed by the competent authority on presentation of invoices, which was not always the case, according to the report received in 2008.

The Committee once again requests the Government to provide in its next report all the available information needed to assess the application of the Convention in law and in practice. This information should cover, among other matters: (i) the up-to-date geographical distribution of public officials responsible for labour inspection as defined in Article 3(1) of the Convention; (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career advancement in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors visit enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Committee also requests the Government to communicate a copy of any inspection activity reports originating from regional directorates, including the reports cited in the Government’s reports sent to the ILO in 2008 and 2011; a copy of the draft or final text of the regulations relating to the status and conditions of service of labour inspectors; copies of the proposed amendments to the Labour Code, and of the memorandum which was reportedly sent to the ILO and is intended to improve the functioning of the labour inspection service.

In order to establish a labour inspection system that will respond to the social and economic goals which are the object of the Convention, the Committee urges the Government to make every effort to adopt the measures needed to implement the measures described in the Committee’s general observations made in 2007 (concerning the need for effective cooperation between the labour inspection service and the judicial system), in 2009 (concerning the need for statistics on industrial and commercial workplaces subject to labour inspection and the number of workers covered, and 2010 (concerning publication of the content of an annual report on the functioning of the labour inspection system). The Committee recalls once again the possibility of obtaining technical assistance from the ILO and of requesting, within the context of international financial cooperation, financial assistance in order to give the necessary impetus to the establishment and operation of the labour inspection system, and would be grateful for any information on progress made and difficulties encountered.

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

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Repetition

Absence of practical information to enable the Committee to assess the operation of the labour inspectorate in relation to the provisions of the Convention and relevant national laws. The Committee notes the updated information regarding the number and geographical distribution by category of labour inspection staff. It notes, by comparison with the data given in the report received from the Government in 2008, a substantial reduction in labour inspection staff, in particular labour inspectors (from 75 to 55) and principal controllers (from 96 to 72). The Committee recalls that, according to Article 10, in order to secure the effective discharge of the duties of the labour inspectorate, the number of labour inspectors must be determined with due regard to the importance of the duties which inspectors have to perform, in particular the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out.

While the laws and regulations concerning labour inspection and its mandate and prerogatives are available, it must be noted that there are no numerical data on other areas defined in Article 10 and, as the Government admits, there are no specific measures for giving effect to the provisions of Article 11 concerning the material conditions of work of labour inspectors, who do not have access to the transport facilities required for them to carry out their duties. The Committee notes, on the other hand, that according to the Government, inspectors’ travel and related costs are reimbursed by the competent authority on presentation of invoices, which was not always the case, according to the report received in 2008.

The Committee once again requests the Government to provide in its next report all the available information needed to assess the application of the Convention in law and in practice. This information should cover, among other matters: (i) the up-to-date geographical distribution of public officials responsible for labour inspection as defined in Article 3(1) of the Convention; (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career advancement in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors visit enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Committee also requests the Government to communicate a copy of any inspection activity reports originating from regional directorates, including the reports cited in the Government’s reports sent to the ILO in 2008 and 2011; a copy of the draft or final text of the regulations relating to the status and conditions of service of labour inspectors; copies of the proposed amendments to the Labour Code, and of the memorandum which was reportedly sent to the ILO and is intended to improve the functioning of the labour inspection service.

In order to establish a labour inspection system that will respond to the social and economic goals which are the object of the Convention, the Committee urges the Government to make every effort to adopt the measures needed to implement the measures described in the Committee’s general observations made in 2007 (concerning the need for effective cooperation between the labour inspection service and the judicial system), in 2009 (concerning the need for statistics on industrial and commercial workplaces subject to labour inspection and the number of workers covered, and 2010 (concerning publication of the content of an annual report on the functioning of the labour inspection system). The Committee recalls once again the possibility of obtaining technical assistance from the ILO and of requesting, within the context of international financial cooperation, financial assistance in order to give the necessary impetus to the establishment and operation of the labour inspection system, and would be grateful for any information on progress made and difficulties encountered.

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

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

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:

Repetition

Absence of practical information to enable the Committee to assess the operation of the labour inspectorate in relation to the provisions of the Convention and relevant national laws. The Committee notes that the report provided by the Government on the manner in which the Convention is given effect in law to a large extent reproduces the report received in 2008.

The Committee notes the updated information regarding the number and geographical distribution by category of labour inspection staff. It notes, by comparison with the data given in the report received from the Government in 2008, a substantial reduction in labour inspection staff, in particular labour inspectors (from 75 to 55) and principal controllers (from 96 to 72). The Committee recalls that, according to Article 10, in order to secure the effective discharge of the duties of the labour inspectorate, the number of labour inspectors must be determined with due regard to the importance of the duties which inspectors have to perform, in particular the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out.

While the laws and regulations concerning labour inspection and its mandate and prerogatives are available, it must be noted that there are no numerical data on other areas defined in Article 10 and, as the Government admits, there are no specific measures for giving effect to the provisions of Article 11 concerning the material conditions of work of labour inspectors, who do not have access to the transport facilities required for them to carry out their duties. The Committee notes, on the other hand, that according to the Government, inspectors’ travel and related costs are reimbursed by the competent authority on presentation of invoices, which was not always the case, according to the report received in 2008.

With regard to the tools needed to assess the operation of the labour inspection system in practice, namely, the reports on inspection activities (Article 19) and the annual report of the central inspection authority, which under the terms of Articles 20 and 21 has to be published and transmitted to the ILO, the Committee notes with regret that none of the regional labour inspection activity reports referred to by the Government as having been transmitted to the Office since the date of ratification of this Convention has actually been received to date. Furthermore, the Government has not communicated a copy of Decree No. 2009 469 of 24 December 2009 concerning the organization of the Ministry of Labour and Social Security.

The Committee notes, however, that the Government is preparing a memorandum with a view to improving the functioning of the labour inspection service and that the Labour Code is currently being revised, in particular with regard to the powers and prerogatives of the labour inspectors.

The Committee also notes that the Government refers for the first time to a draft text on the status and conditions of service of labour inspectors (Article 6), which was supposedly drawn up in 2000 and submitted to the ministry responsible for the civil service. According to the Government, the final examination of that draft will depend on the revision now under way of the general civil service statutes. The Committee notes that this document has not been received by the Office, although according to the Government it was transmitted.

The Committee once again requests the Government to provide in its next report all the available information needed to assess the application of the Convention in law and in practice. This information should cover, among other matters: (i) the up-to-date geographical distribution of public officials responsible for labour inspection as defined in Article 3(1) of the Convention; (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career advancement in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors visit enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Committee also requests the Government to communicate a copy of any inspection activity reports originating from regional directorates, including the reports cited in the Government’s reports sent to the ILO in 2008 and 2011; a copy of the draft or final text of the regulations relating to the status and conditions of service of labour inspectors; copies of the proposed amendments to the Labour Code, and of the memorandum which was reportedly sent to the ILO and is intended to improve the functioning of the labour inspection service.

In order to establish a labour inspection system that will respond to the social and economic goals which are the object of the Convention, the Committee urges the Government to make every effort to adopt the measures needed to implement the measures described in the Committee’s general observations made in 2007 (concerning the need for effective cooperation between the labour inspection service and the judicial system), in 2009 (concerning the need for statistics on industrial and commercial workplaces subject to labour inspection and the number of workers covered, and 2010 (concerning publication of the content of an annual report on the functioning of the labour inspection system). The Committee recalls once again the possibility of obtaining technical assistance from the ILO and of requesting, within the context of international financial cooperation, financial assistance in order to give the necessary impetus to the establishment and operation of the labour inspection system, and would be grateful for any information on progress made and difficulties encountered.

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

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

Absence of practical information to enable the Committee to assess the operation of the labour inspectorate in relation to the provisions of the Convention and relevant national laws. The Committee notes that the report provided by the Government on the manner in which the Convention is given effect in law to a large extent reproduces the report received in 2008.

The Committee notes the updated information regarding the number and geographical distribution by category of labour inspection staff. It notes, by comparison with the data given in the report received from the Government in 2008, a substantial reduction in labour inspection staff, in particular labour inspectors (from 75 to 55) and principal controllers (from 96 to 72). The Committee recalls that, according to Article 10, in order to secure the effective discharge of the duties of the labour inspectorate, the number of labour inspectors must be determined with due regard to the importance of the duties which inspectors have to perform, in particular the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out.

While the laws and regulations concerning labour inspection and its mandate and prerogatives are available, it must be noted that there are no numerical data on other areas defined in Article 10 and, as the Government admits, there are no specific measures for giving effect to the provisions of Article 11 concerning the material conditions of work of labour inspectors, who do not have access to the transport facilities required for them to carry out their duties. The Committee notes, on the other hand, that according to the Government, inspectors’ travel and related costs are reimbursed by the competent authority on presentation of invoices, which was not always the case, according to the report received in 2008.

With regard to the tools needed to assess the operation of the labour inspection system in practice, namely, the reports on inspection activities (Article 19) and the annual report of the central inspection authority, which under the terms of Articles 20 and 21 has to be published and transmitted to the ILO, the Committee notes with regret that none of the regional labour inspection activity reports referred to by the Government as having been transmitted to the Office since the date of ratification of this Convention has actually been received to date. Furthermore, the Government has not communicated a copy of Decree No. 2009 469 of 24 December 2009 concerning the organization of the Ministry of Labour and Social Security.

The Committee notes, however, that the Government is preparing a memorandum with a view to improving the functioning of the labour inspection service and that the Labour Code is currently being revised, in particular with regard to the powers and prerogatives of the labour inspectors.

The Committee also notes that the Government refers for the first time to a draft text on the status and conditions of service of labour inspectors (Article 6), which was supposedly drawn up in 2000 and submitted to the ministry responsible for the civil service. According to the Government, the final examination of that draft will depend on the revision now under way of the general civil service statutes. The Committee notes that this document has not been received by the Office, although according to the Government it was transmitted.

The Committee once again requests the Government to provide in its next report all the available information needed to assess the application of the Convention in law and in practice. This information should cover, among other matters: (i) the up-to-date geographical distribution of public officials responsible for labour inspection as defined in Article 3(1) of the Convention; (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career advancement in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors visit enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Committee also requests the Government to communicate a copy of any inspection activity reports originating from regional directorates, including the reports cited in the Government’s reports sent to the ILO in 2008 and 2011; a copy of the draft or final text of the regulations relating to the status and conditions of service of labour inspectors; copies of the proposed amendments to the Labour Code, and of the memorandum which was reportedly sent to the ILO and is intended to improve the functioning of the labour inspection service.

In order to establish a labour inspection system that will respond to the social and economic goals which are the object of the Convention, the Committee urges the Government to make every effort to adopt the measures needed to implement the measures described in the Committee’s general observations made in 2007 (concerning the need for effective cooperation between the labour inspection service and the judicial system), in 2009 (concerning the need for statistics on industrial and commercial workplaces subject to labour inspection and the number of workers covered, and 2010 (concerning publication of the content of an annual report on the functioning of the labour inspection system). The Committee recalls once again the possibility of obtaining technical assistance from the ILO and of requesting, within the context of international financial cooperation, financial assistance in order to give the necessary impetus to the establishment and operation of the labour inspection system, and would be grateful for any information on progress made and difficulties encountered.

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

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

Absence of practical information to enable the Committee to assess the operation of the labour inspectorate in relation to the provisions of the Convention and relevant national laws. The Committee notes that the report provided by the Government on the manner in which the Convention is given effect in law to a large extent reproduces the report received in 2008.

The Committee notes the updated information regarding the number and geographical distribution by category of labour inspection staff. It notes, by comparison with the data given in the report received from the Government in 2008, a substantial reduction in labour inspection staff, in particular labour inspectors (from 75 to 55) and principal controllers (from 96 to 72). The Committee recalls that, according to Article 10, in order to secure the effective discharge of the duties of the labour inspectorate, the number of labour inspectors must be determined with due regard to the importance of the duties which inspectors have to perform, in particular the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out.

While the laws and regulations concerning labour inspection and its mandate and prerogatives are available, it must be noted that there are no numerical data on other areas defined in Article 10 and, as the Government admits, there are no specific measures for giving effect to the provisions of Article 11 concerning the material conditions of work of labour inspectors, who do not have access to the transport facilities required for them to carry out their duties. The Committee notes, on the other hand, that according to the Government, inspectors’ travel and related costs are reimbursed by the competent authority on presentation of invoices, which was not always the case, according to the report received in 2008.

With regard to the tools needed to assess the operation of the labour inspection system in practice, namely, the reports on inspection activities (Article 19) and the annual report of the central inspection authority, which under the terms of Articles 20 and 21 has to be published and transmitted to the ILO, the Committee notes with regret that none of the regional labour inspection activity reports referred to by the Government as having been transmitted to the Office since the date of ratification of this Convention has actually been received to date. Furthermore, the Government has not communicated a copy of Decree No. 2009 469 of 24 December 2009 concerning the organization of the Ministry of Labour and Social Security.

The Committee notes, however, that the Government is preparing a memorandum with a view to improving the functioning of the labour inspection service and that the Labour Code is currently being revised, in particular with regard to the powers and prerogatives of the labour inspectors.

The Committee also notes that the Government refers for the first time to a draft text on the status and conditions of service of labour inspectors (Article 6), which was supposedly drawn up in 2000 and submitted to the ministry responsible for the civil service. According to the Government, the final examination of that draft will depend on the revision now under way of the general civil service statutes. The Committee notes that this document has not been received by the Office, although according to the Government it was transmitted.

The Committee once again requests the Government to provide in its next report all the available information needed to assess the application of the Convention in law and in practice. This information should cover, among other matters: (i) the up-to-date geographical distribution of public officials responsible for labour inspection as defined in Article 3(1) of the Convention; (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career advancement in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors visit enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Committee also requests the Government to communicate a copy of any inspection activity reports originating from regional directorates, including the reports cited in the Government’s reports sent to the ILO in 2008 and 2011; a copy of the draft or final text of the regulations relating to the status and conditions of service of labour inspectors; copies of the proposed amendments to the Labour Code, and of the memorandum which was reportedly sent to the ILO and is intended to improve the functioning of the labour inspection service.

In order to establish a labour inspection system that will respond to the social and economic goals which are the object of the Convention, the Committee urges the Government to make every effort to adopt the measures needed to implement the measures described in the Committee’s general observations made in 2007 (concerning the need for effective cooperation between the labour inspection service and the judicial system), in 2009 (concerning the need for statistics on industrial and commercial workplaces subject to labour inspection and the number of workers covered, and 2010 (concerning publication of the content of an annual report on the functioning of the labour inspection system). The Committee recalls once again the possibility of obtaining technical assistance from the ILO and of requesting, within the context of international financial cooperation, financial assistance in order to give the necessary impetus to the establishment and operation of the labour inspection system, and would be grateful for any information on progress made and difficulties encountered.

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

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:

Article 11 of the Convention. Working conditions of labour inspectors. The Committee notes that the staff of the labour inspectorate has been strengthened during the period since the report sent by the Government in 2004. However, it notes that no measures have been taken to improve the working conditions of inspectors and that they do not benefit from the transport facilities necessary for the discharge of their duties, nor the full reimbursement of their travelling and incidental expenses. The Government is requested to take the necessary measures to ensure that effect is given to the provisions of the above Article of the Convention and to provide information in its next report on any progress achieved in this respect, on the difficulties encountered and the solutions envisaged to overcome them.

Articles 19, 20 and 21. Reporting obligations on the inspection activities. With reference to its previous comments concerning information relating to the application in practice of the legal provisions giving effect to the Convention, the Committee notes that, contrary to the Government’s indication in its report received in 2004, no regional inspection report has been provided to the ILO. Furthermore, no annual report, as required by Articles 20 and 21 of the Convention, has been transmitted to the ILO. The Committee does not therefore have available the information that is essential on the operation of the labour inspection system in practice to allow it to monitor developments and provide support to the Government for its improvement in relation to the requirements of the Convention. The material and logistical situation described by the Government gives grounds for fearing, despite legislation that is in conformity on many points with the provisions of the Convention, that there is a significant gap between the extent of the needs for the supervision of conditions of work and the level of coverage that the inspection services are able to ensure. The Committee hopes that, so that it can fulfil its responsibilities, the Government will provide in its next report all the information available allowing it to assess the level of application of the Convention more than a decade after its ratification. This information should cover, among other matters: (i) the geographical distribution of the public officials responsible for inspection functions as defined in Article 3(1) of the Convention (the schedule announced by the Government in its report was not attached); (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services and the judiciary on the basis of the violations reported by the labour inspectorate; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career progression in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors travel to enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Government is also requested to indicate the nature of the obstacles or difficulties (of a financial, structural, political or other nature) encountered in the implementation in practice of its legislation respecting labour inspection and to describe the measures adopted or envisaged to resolve them (for example, seeking international financial cooperation, inter-institutional cooperation within the country, collaboration with the social partners; the adoption of specific conditions of service for labour inspectors, rationalization of the way in which the resources of the labour administration are used).

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

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes 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 information provided by the Government in its report for the period ending September 2007, which was received in the Office in January 2008.

Article 11 of the Convention. Working conditions of labour inspectors. The Committee notes with interest that the staff of the labour inspectorate has been strengthened during the period since the report sent by the Government in 2004. However, it notes that no measures have been taken to improve the working conditions of inspectors and that they do not benefit from the transport facilities necessary for the discharge of their duties, nor the full reimbursement of their travelling and incidental expenses. The Government is requested to take the necessary measures to ensure that effect is given to the provisions of the above Article of the Convention and to provide information in its next report on any progress achieved in this respect, on the difficulties encountered and the solutions envisaged to overcome them.

Articles 19, 20 and 21. Reporting obligations on the inspection activities. With reference to its previous comments concerning information relating to the application in practice of the legal provisions giving effect to the Convention, the Committee notes that, contrary to the Government’s indication in its report received in 2004, no regional inspection report has been provided to the ILO. Furthermore, no annual report, as required by Articles 20 and 21 of the Convention, has been transmitted to the ILO. The Committee does not therefore have available the information that is essential on the operation of the labour inspection system in practice to allow it to monitor developments and provide support to the Government for its improvement in relation to the requirements of the Convention. The material and logistical situation described by the Government gives grounds for fearing, despite legislation that is in conformity on many points with the provisions of the Convention, that there is a significant gap between the extent of the needs for the supervision of conditions of work and the level of coverage that the inspection services are able to ensure. The Committee hopes that, so that it can fulfil its responsibilities, the Government will provide in its next report all the information available allowing it to assess the level of application of the Convention more than a decade after its ratification. This information should cover, among other matters: (i) the geographical distribution of the public officials responsible for inspection functions as defined in Article 3(1) of the Convention (the schedule announced by the Government in its report was not attached); (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services and the judiciary on the basis of the violations reported by the labour inspectorate; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career progression in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors travel to enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Government is also requested to indicate the nature of the obstacles or difficulties (of a financial, structural, political or other nature) encountered in the implementation in practice of its legislation respecting labour inspection and to describe the measures adopted or envisaged to resolve them (for example, seeking international financial cooperation, inter-institutional cooperation within the country, collaboration with the social partners; the adoption of specific conditions of service for labour inspectors, rationalization of the way in which the resources of the labour administration are used).

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

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

The Committee notes the information provided by the Government in its report for the period ending September 2007, which was received in the Office in January 2008.

Article 11 of the Convention. Working conditions of labour inspectors. The Committee notes with interest that the staff of the labour inspectorate has been strengthened during the period since the report sent by the Government in 2004. However, it notes that no measures have been taken to improve the working conditions of inspectors and that they do not benefit from the transport facilities necessary for the discharge of their duties, nor the full reimbursement of their travelling and incidental expenses. The Government is requested to take the necessary measures to ensure that effect is given to the provisions of the above Article of the Convention and to provide information in its next report on any progress achieved in this respect, on the difficulties encountered and the solutions envisaged to overcome them.

Articles 19, 20 and 21. Reporting obligations on the inspection activities. With reference to its previous comments concerning information relating to the application in practice of the legal provisions giving effect to the Convention, the Committee notes that, contrary to the Government’s indication in its report received in 2004, no regional inspection report has been provided to the ILO. Furthermore, no annual report, as required by Articles 20 and 21 of the Convention, has been transmitted to the ILO. The Committee does not therefore have available the information that is essential on the operation of the labour inspection system in practice to allow it to monitor developments and provide support to the Government for its improvement in relation to the requirements of the Convention. The material and logistical situation described by the Government gives grounds for fearing, despite legislation that is in conformity on many points with the provisions of the Convention, that there is a significant gap between the extent of the needs for the supervision of conditions of work and the level of coverage that the inspection services are able to ensure. The Committee hopes that, so that it can fulfil its responsibilities, the Government will provide in its next report all the information available allowing it to assess the level of application of the Convention more than a decade after its ratification. This information should cover, among other matters: (i) the geographical distribution of the public officials responsible for inspection functions as defined in Article 3, paragraph 1, of the Convention (the schedule announced by the Government in its report was not attached); (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services and the judiciary on the basis of the violations reported by the labour inspectorate; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career progression in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors travel to enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Government is also requested to indicate the nature of the obstacles or difficulties (of a financial, structural, political or other nature) encountered in the implementation in practice of its legislation respecting labour inspection and to describe the measures adopted or envisaged to resolve them (for example, seeking international financial cooperation, inter-institutional cooperation within the country, collaboration with the social partners; the adoption of specific conditions of service for labour inspectors, rationalization of the way in which the resources of the labour administration are used).

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

The Committee notes with regret 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 notes the Government’s first report received in June 2006. It also notes the legislation available at the Office, particularly Decree No. 2003-219 of 21 August 2003 on the powers and organization of the Ministry of Labour, Employment and Social Security; Act No. 45-75 of 15 March 1975, issuing the Labour Code, as amended by Act No. 6-96 of 6 March 1996; Order No. 9036 of 10 December 1986, on general safety and health measures applying to industrial, commercial, agricultural and forestry enterprises and other administrative establishments. The Committee requests the Government to provide copies of any provisions on labour inspection adopted pursuant to the abovementioned texts.

Article 3, paragraph 1, of the Convention. The Committee notes that according to sections 150 and 149(b) and (c) of the Labour Code, labour inspectors are responsible for the supervision of laws and regulations on the workers’ conditions, labour relations, employment and the placement of workers, occupational training and further training, social welfare, and for dispensing advice and recommendations to employers and workers. The Committee requests the Government to state whether the legislation also empowers inspectors – and, if so, how – to bring to the attention of the competent authority defects or abuses not specifically covered by existing legal provisions ((c)).

Article 4. The Committee notes that according to section 150 of the Labour Code, labour inspection and the supervision of labour law are the responsibility of the General Directorate of Labour and Social Welfare and that, pursuant to section 10 of abovementioned Decree No. 2003-219, the General Directorate of Labour and Social Welfare is regulated by specific regulations. The Government is asked to keep the Office informed of the adoption of any relevant texts, to send a copy of them and to provide an organization chart of the labour inspectorate.

Article 5(a) and (b). Noting that Decree No. 2000-29 of 17 March 2000 established a National Technical Tripartite Committee on occupational safety and health and the prevention of occupational risks, the Committee would be grateful if the Government would provide information on the matters dealt with by the abovementioned committee and on its operation in so far as these relate to the provisions of the Convention that address supervision of occupational health and safety.

The Committee also requests the Government to provide information and any available texts on measures such as the ones proposed in Part II of Recommendation No. 81, which supplements the Convention, that the Government has taken to encourage cooperation between the inspection services and employers or their representatives in implementing the provisions of the Convention.

Articles 6 and 7. The Committee requests the Government to provide the texts regulating the status and conditions of service of labour inspection staff, together with detailed information on the content and operation of the training courses held for labour inspectors taking up their duties, and on the content of seminars, courses and other training activities that have been or will be organized for them in the course of their employment.

Article 8. Please indicate the proportion of women working at each level of the labour inspectorate and specify whether special duties are assigned to men and women inspectors.

Articles 10 and 21. While noting the information that the labour inspectorate has an inspection staff (inspectors and controllers) of 123 performing supervisory duties in the country’s 11 departmental directorates, the Committee would be grateful if the Government would indicate their geographical distribution and, if possible, the number of industrial and commercial establishments subject to their inspection and the number of workers employed in them.

The Committee stresses the importance of making available the fullest possible information on each of these subjects so that both the national authorities and the ILO’s supervisory bodies can assess the effectiveness of the labour inspection system.

Articles 11 and 16 of the Convention and Part IV of the report form. The Committee has learned that there are economic obstacles to the application of the above provisions. It nonetheless wishes to point out that these provisions set requirements that are essential to labour inspectors’ performance of their duties in pursuit of the Convention’s economic and social objectives. Consequently, it strongly encourages the Government to take steps to identify the needs for this purpose. Such measures could initially include compiling – and updating from time to time – a register of establishments subject to inspection, examining the characteristics of the activities carried out in these establishments (hazards, arduousness, shift work, working hours, geographical location vis-à-vis inspection offices, etc.), identifying the categories of workers employed in them and the protection they should receive (skilled and unskilled workers; women; young people and other categories of vulnerable workers). Relevant data would serve as a basis for determining the share of the national budget that should be earmarked for the labour inspectorate, taking into account the order of priorities dictated by the country’s general economic situation, but not underestimating the impact an effective labour inspection service has on that situation. Additionally, the Committee stresses to the Government that it can call on the ILO for technical assistance for the implementation of the provisions of the Convention as well as to obtain economic assistance in the framework of international financial and economic cooperation on the basis of relevant data. The Committee hopes that in its next report the Government will be in a position to provide information on the measures taken in light of the foregoing, on progress made and on the difficulties encountered.

Article 12, paragraph 1(a) and (b). The Committee notes that under section 3 of the Labour Code, any public or private natural or legal person employing one or more wage earners shall be treated as an enterprise and governed by the provisions of the Code. It recalls that Articles 2 and 23 of the Convention provide that the system of labour inspection shall apply to all industrial and commercial undertakings in respect of which legal provisions relating to conditions of work and the protection of workers while engaged in their work are enforceable by labour inspectors. The Committee wishes to point out that, in order to ensure effective enforcement of legislation in workplaces liable to inspection, labour inspectors’ right of free entry to such workplaces needs to be extended and to include entry at night, contrary to the provisions of the legislation (sections 154-1 and 154-2 of Act No. 6-96 of 6 March 1996; sections 138 to 140 of the Labour Code and sections 86–89 of Order No. 9036 of 10 December 1986). The Government is asked to take steps, in the light of the Committee’s comments on this matter in its General Survey of 1985 on labour inspection (paragraphs 157 ff.), to supplement its legislation in order to establish inspectors’ right of free entry, drawing a distinction between workplaces liable to inspection and other premises, as does Article 12, paragraph 1(a) and (b). The Committee requests the Government to keep the ILO informed of any progress towards this end and to provide any relevant texts.

Article 12, paragraph 1(c)(iii). The Committee requests the Government to ensure that labour inspectors are authorized to enforce the posting of notices required by the legal provisions, and to inform the Office of measures taken to this end.

Article 12, paragraph 2. Recalling that under this provision labour inspectors may refrain from informing the employer or his representative of their presence if they consider that this may be prejudicial to the performance of their duties, the Committee would be grateful if the Government would ensure that section 155(a) of the Labour Code is revised and supplemented in order to give full effect to this provision.

Article 13, paragraph 2(b). The Committee requests the Government to provide information and any texts on the manner in which effect is given, in law and in practice, to this provision, under which labour inspectors should have the right to make or to have made orders with immediate executory force in the event of imminent danger to the health or safety of the workers.

Article 17. This Article establishes the general rule that, other than in the exceptional cases allowed by law, immediate legal proceedings are to be taken against persons who violate the legislation prescribed by the Convention. However, the rule has some flexibility by the discretion that labour inspectors must be given resort to educational or preventive measures instead of such proceedings. Nevertheless, the national legislation (sections 154-1 and 154-2 of Act No. 6 96 of 6 March 1996; sections 138 to 140 of the Labour Code and sections 86–89 of Order No. 9036 of 10 December 1986), requires inspectors to give prior notice of legal action in all cases. The Committee therefore requests the Government to take the necessary steps to bring the legislation into the Convention on this point.

Article 18. Noting the penalties established in sections 251 to 260 of the Labour Code, the Committee wishes to stress, as it did in paragraph 263 of its General Survey of 1985 on labour inspection, that it is essential for the effectiveness of inspection services that penalties should be fixed at a sufficiently high level to have a dissuasive effect and that where the penalty consists of a fine, the rate of the fine should be periodically reviewed. The Committee hopes that the Government will not fail to take the necessary steps to ensure that monetary penalties remain dissuasive despite present or future monetary fluctuations, in particular by revising them through regulations.

Article 19. The Government is asked to provide copies of the departmental directorates’ activity reports, announced by the Government in its report.

Articles 20 and 21. The Committee requests the Government to indicate the measures taken or envisaged to secure publication and transmission by the central inspection authority to the ILO of an annual report on the work of the inspection services containing the information required on each of the items listed in Article 21(a)–(g) within the time limit prescribed by Article 20.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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 notes the Government’s first report. It also notes the legislation available at the Office, particularly Decree No. 2003-219 of 21 August 2003 on the powers and organization of the Ministry of Labour, Employment and Social Security; Act No. 45-75 of 15 March 1975, issuing the Labour Code, as amended by Act No. 6-96 of 6 March 1996; Order No. 9036 of 10 December 1986, on general safety and health measures applying to industrial, commercial, agricultural and forestry enterprises and other administrative establishments. The Committee requests the Government to provide copies of any provisions on labour inspection adopted pursuant to the abovementioned texts.

Article 3, paragraph 1, of the Convention. The Committee notes that according to sections 150 and 149(b) and (c) of the Labour Code, labour inspectors are responsible for the supervision of laws and regulations on the workers’ conditions, labour relations, employment and the placement of workers, occupational training and further training, social welfare, and for dispensing advice and recommendations to employers and workers. The Committee requests the Government to state whether the legislation also empowers inspectors – and, if so, how – to bring to the attention of the competent authority defects or abuses not specifically covered by existing legal provisions ((c)).

Article 4. The Committee notes that according to section 150 of the Labour Code, labour inspection and the supervision of labour law are the responsibility of the General Directorate of Labour and Social Welfare and that, pursuant to section 10 of abovementioned Decree No. 2003-219, the General Directorate of Labour and Social Welfare is regulated by specific regulations. The Government is asked to keep the Office informed of the adoption of any relevant texts, to send a copy of them and to provide an organization chart of the labour inspectorate.

Article 5(a) and (b). Noting that Decree No. 2000-29 of 17 March 2000 established a National Technical Tripartite Committee on occupational safety and health and the prevention of occupational risks, the Committee would be grateful if the Government would provide information on the matters dealt with by the abovementioned committee and on its operation in so far as these relate to the provisions of the Convention that address supervision of occupational health and safety.

The Committee also requests the Government to provide information and any available texts on measures such as the ones proposed in Part II of Recommendation No. 81, which supplements the Convention, that the Government has taken to encourage cooperation between the inspection services and employers or their representatives in implementing the provisions of the Convention.

Articles 6 and 7. The Committee requests the Government to provide the texts regulating the status and conditions of service of labour inspection staff, together with detailed information on the content and operation of the training courses held for labour inspectors taking up their duties, and on the content of seminars, courses and other training activities that have been or will be organized for them in the course of their employment.

Article 8. Please indicate the proportion of women working at each level of the labour inspectorate and specify whether special duties are assigned to men and women inspectors.

Articles 10 and 21. While noting the information that the labour inspectorate has an inspection staff (inspectors and controllers) of 123 performing supervisory duties in the country’s 11 departmental directorates, the Committee would be grateful if the Government would indicate their geographical distribution and, if possible, the number of industrial and commercial establishments subject to their inspection and the number of workers employed in them.

The Committee stresses the importance of making available the fullest possible information on each of these subjects so that both the national authorities and the ILO’s supervisory bodies can assess the effectiveness of the labour inspection system.

Articles 11 and 16 of the Convention and Part IV of the report form. The Committee has learned that there are economic obstacles to the application of the above provisions. It nonetheless wishes to point out that these provisions set requirements that are essential to labour inspectors’ performance of their duties in pursuit of the Convention’s economic and social objectives. Consequently, it strongly encourages the Government to take steps to identify the needs for this purpose. Such measures could initially include compiling – and updating from time to time – a register of establishments subject to inspection, examining the characteristics of the activities carried out in these establishments (hazards, arduousness, shift work, working hours, geographical location vis-à-vis inspection offices, etc.), identifying the categories of workers employed in them and the protection they should receive (skilled and unskilled workers; women; young people and other categories of vulnerable workers). Relevant data would serve as a basis for determining the share of the national budget that should be earmarked for the labour inspectorate, taking into account the order of priorities dictated by the country’s general economic situation, but not underestimating the impact an effective labour inspection service has on that situation. Additionally, the Committee stresses to the Government that it can call on the ILO for technical assistance for the implementation of the provisions of the Convention as well as to obtain economic assistance in the framework of international financial and economic cooperation on the basis of relevant data. The Committee hopes that in its next report the Government will be in a position to provide information on the measures taken in light of the foregoing, on progress made and on the difficulties encountered.

Article 12, paragraph 1(a) and (b). The Committee notes that under section 3 of the Labour Code, any public or private natural or legal person employing one or more wage earners shall be treated as an enterprise and governed by the provisions of the Code. It recalls that Articles 2 and 23 of the Convention provide that the system of labour inspection shall apply to all industrial and commercial undertakings in respect of which legal provisions relating to conditions of work and the protection of workers while engaged in their work are enforceable by labour inspectors. The Committee wishes to point out that, in order to ensure effective enforcement of legislation in workplaces liable to inspection, labour inspectors’ right of free entry to such workplaces needs to be extended and to include entry at night, contrary to the provisions of the legislation (sections 154-1 and 154-2 of Act No. 6-96 of 6 March 1996; sections 138 to 140 of the Labour Code and sections 86 to 89 of Order No. 9036 of 10 December 1986). The Government is asked to take steps, in the light of the Committee’s comments on this matter in its General Survey of 1985 on labour inspection (paragraphs 157 ff.), to supplement its legislation in order to establish inspectors’ right of free entry, drawing a distinction between workplaces liable to inspection and other premises, as does Article 12, paragraph 1(a) and (b). The Committee requests the Government to keep the ILO informed of any progress towards this end and to provide any relevant texts.

Article 12, paragraph 1(c)(iii). The Committee requests the Government to ensure that labour inspectors are authorized to enforce the posting of notices required by the legal provisions, and to inform the Office of measures taken to this end.

Article 12, paragraph 2. Recalling that under this provision labour inspectors may refrain from informing the employer or his representative of their presence if they consider that this may be prejudicial to the performance of their duties, the Committee would be grateful if the Government would ensure that section 155(a) of the Labour Code is revised and supplemented in order to give full effect to this provision.

Article 13, paragraph 2(b). The Committee requests the Government to provide information and any texts on the manner in which effect is given, in law and in practice, to this provision, under which labour inspectors should have the right to make or to have made orders with immediate executory force in the event of imminent danger to the health or safety of the workers.

Article 17. This Article establishes the general rule that, other than in the exceptional cases allowed by law, immediate legal proceedings are to be taken against persons who violate the legislation prescribed by the Convention. However, the rule has some flexibility by the discretion that labour inspectors must be given resort to educational or preventive measures instead of such proceedings. Nevertheless, the national legislation (sections 154-1 and 154-2 of Act No. 6 96 of 6 March 1996; sections 138 to 140 of the Labour Code and sections 86 to 89 of Order No. 9036 of 10 December 1986), requires inspectors to give prior notice of legal action in all cases. The Committee therefore requests the Government to take the necessary steps to bring the legislation into the Convention on this point.

Article 18. Noting the penalties established in sections 251 to 260 of the Labour Code, the Committee wishes to stress, as it did in paragraph 263 of its General Survey of 1985 on labour inspection, that it is essential for the effectiveness of inspection services that penalties should be fixed at a sufficiently high level to have a dissuasive effect and that where the penalty consists of a fine, the rate of the fine should be periodically reviewed. The Committee hopes that the Government will not fail to take the necessary steps to ensure that monetary penalties remain dissuasive despite present or future monetary fluctuations, in particular by revising them through regulations.

Article 19. The Government is asked to provide copies of the departmental directorates’ activity reports, announced by the Government in its report.

Articles 20 and 21. The Committee requests the Government to indicate the measures taken or envisaged to secure publication and transmission by the central inspection authority to the ILO of an annual report on the work of the inspection services containing the information required on each of the items listed in Article 21(a) to (g) within the time limit prescribed by Article 20.

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

The Committee notes the Government’s first report. It also notes the legislation available at the Office, particularly Decree No. 2003-219 of 21 August 2003 on the powers and organization of the Ministry of Labour, Employment and Social Security; Act No. 45-75 of 15 March 1975, issuing the Labour Code, as amended by Act No. 6-96 of 6 March 1996; Order No. 9036 of 10 December 1986, on general safety and health measures applying to industrial, commercial, agricultural and forestry enterprises and other administrative establishments. The Committee requests the Government to provide copies of any provisions on labour inspection adopted pursuant to the abovementioned texts.

Article 3, paragraph 1, of the Convention. The Committee notes that according to sections 150 and 149(b) and (c) of the Labour Code, labour inspectors are responsible for the supervision of laws and regulations on the workers’ conditions, labour relations, employment and the placement of workers, occupational training and further training, social welfare, and for dispensing advice and recommendations to employers and workers. The Committee requests the Government to state whether the legislation also empowers inspectors - and, if so, how - to bring to the attention of the competent authority defects or abuses not specifically covered by existing legal provisions ((c)).

Article 4. The Committee notes that according to section 150 of the Labour Code, labour inspection and the supervision of labour law are the responsibility of the General Directorate of Labour and Social Welfare and that, pursuant to section 10 of abovementioned Decree No. 2003-219, the General Directorate of Labour and Social Welfare is regulated by specific regulations. The Government is asked to keep the Office informed of the adoption of any relevant texts, to send a copy of them and to provide an organization chart of the labour inspectorate.

Article 5(a) and (b). Noting that Decree No. 2000-29 of 17 March 2000 established a National Technical Tripartite Committee on occupational safety and health and the prevention of occupational risks, the Committee would be grateful if the Government would provide information on the matters dealt with by the abovementioned committee and on its operation in so far as these relate to the provisions of the Convention that address supervision of occupational health and safety.

The Committee also requests the Government to provide information and any available texts on measures such as the ones proposed in Part II of Recommendation No. 81, which supplements the Convention, that the Government has taken to encourage cooperation between the inspection services and employers or their representatives in implementing the provisions of the Convention.

Articles 6 and 7. The Committee requests the Government to provide the texts regulating the status and conditions of service of labour inspection staff, together with detailed information on the content and operation of the training courses held for labour inspectors taking up their duties, and on the content of seminars, courses and other training activities that have been or will be organized for them in the course of their employment.

Article 8. Please indicate the proportion of women working at each level of the labour inspectorate and specify whether special duties are assigned to men and women inspectors.

Articles 10 and 21. While noting the information that the labour inspectorate has an inspection staff (inspectors and controllers) of 123 performing supervisory duties in the country’s 11 departmental directorates, the Committee would be grateful if the Government would indicate their geographical distribution and, if possible, the number of industrial and commercial establishments subject to their inspection and the number of workers employed in them.

The Committee stresses the importance of making available the fullest possible information on each of these subjects so that both the national authorities and the ILO’s supervisory bodies can assess the effectiveness of the labour inspection system.

Articles 11 and 16 of the Convention and Part IV of the report form. The Committee has learned that there are economic obstacles to the application of the above provisions. It nonetheless wishes to point out that these provisions set requirements that are essential to labour inspectors’ performance of their duties in pursuit of the Convention’s economic and social objectives. Consequently, it strongly encourages the Government to take steps to identify the needs for this purpose. Such measures could initially include compiling - and updating from time to time - a register of establishments subject to inspection, examining the characteristics of the activities carried out in these establishments (hazards, arduousness, shift work, working hours, geographical location vis-à-vis inspection offices, etc.), identifying the categories of workers employed in them and the protection they should receive (skilled and unskilled workers; women; young people and other categories of vulnerable workers). Relevant data would serve as a basis for determining the share of the national budget that should be earmarked for the labour inspectorate, taking into account the order of priorities dictated by the country’s general economic situation, but not underestimating the impact an effective labour inspection service has on that situation. Additionally, the Committee stresses to the Government that it can call on the ILO for technical assistance for the implementation of the provisions of the Convention as well as to obtain economic assistance in the framework of international financial and economic cooperation on the basis of relevant data. The Committee hopes that in its next report the Government will be in a position to provide information on the measures taken in light of the foregoing, on progress made and on the difficulties encountered.

Article 12, paragraph 1(a) and (b). The Committee notes that under section 3 of the Labour Code, any public or private natural or legal person employing one or more wage earners shall be treated as an enterprise and governed by the provisions of the Code. It recalls that Articles 2 and 23 of the Convention provide that the system of labour inspection shall apply to all industrial and commercial undertakings in respect of which legal provisions relating to conditions of work and the protection of workers while engaged in their work are enforceable by labour inspectors. The Committee wishes to point out that, in order to ensure effective enforcement of legislation in workplaces liable to inspection, labour inspectors’ right of free entry to such workplaces needs to be extended and to include entry at night, contrary to the provisions of the legislation (sections 154-1 and 154-2 of Act No. 6-96 of 6 March 1996; sections 138 to 140 of the Labour Code and sections 86 to 89 of Order No. 9036 of 10 December 1986). The Government is asked to take steps, in the light of the Committee’s comments on this matter in its General Survey of 1985 on labour inspection (paragraphs 157 ff.), to supplement its legislation in order to establish inspectors’ right of free entry, drawing a distinction between workplaces liable to inspection and other premises, as does Article 12, paragraph 1(a) and (b). The Committee requests the Government to keep the ILO informed of any progress towards this end and to provide any relevant texts.

Article 12, paragraph 1(c)(iii). The Committee requests the Government to ensure that labour inspectors are authorized to enforce the posting of notices required by the legal provisions, and to inform the Office of measures taken to this end.

Article 12, paragraph 2. Recalling that under this provision labour inspectors may refrain from informing the employer or his representative of their presence if they consider that this may be prejudicial to the performance of their duties, the Committee would be grateful if the Government would ensure that section 155(a) of the Labour Code is revised and supplemented in order to give full effect to this provision.

Article 13, paragraph 2(b). The Committee requests the Government to provide information and any texts on the manner in which effect is given, in law and in practice, to this provision, under which labour inspectors should have the right to make or to have made orders with immediate executory force in the event of imminent danger to the health or safety of the workers.

Article 17. This Article establishes the general rule that, other than in the exceptional cases allowed by law, immediate legal proceedings are to be taken against persons who violate the legislation prescribed by the Convention. However, the rule has some flexibility by the discretion that labour inspectors must be given resort to educational or preventive measures instead of such proceedings. Nevertheless, the national legislation (sections 154-1 and 154-2 of Act No. 6-96 of 6 March 1996; sections 138 to 140 of the Labour Code and sections 86 to 89 of Order No. 9036 of 10 December 1986), requires inspectors to give prior notice of legal action in all cases. The Committee therefore requests the Government to take the necessary steps to bring the legislation into the Convention on this point.

Article 18. Noting the penalties established in sections 251 to 260 of the Labour Code, the Committee wishes to stress, as it did in paragraph 263 of its General Survey of 1985 on labour inspection, that it is essential for the effectiveness of inspection services that penalties should be fixed at a sufficiently high level to have a dissuasive effect and that where the penalty consists of a fine, the rate of the fine should be periodically reviewed. The Committee hopes that the Government will not fail to take the necessary steps to ensure that monetary penalties remain dissuasive despite present or future monetary fluctuations, in particular by revising them through regulations.

Article 19. The Government is asked to provide copies of the departmental directorates’ activity reports, announced by the Government in its report.

Articles 20 and 21. The Committee requests the Government to indicate the measures taken or envisaged to secure publication and transmission by the central inspection authority to the ILO of an annual report on the work of the inspection services containing the information required on each of the items listed in Article 21(a) to (g) within the time limit prescribed by Article 20.