Labour Administration Convention, 1978 (No. 150) - Gabon (Ratification: 1979)

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

Articles 1 and 4 of the Convention. Organization and effective operation of the system of labour administration. In its previous comments on the Labour Inspection Convention, 1947 (No. 81), the Committee noted that, further to a request from the Government in 2009, the ILO conducted an analytical study (hereinafter “analysis”) of the country’s labour administration and inspection systems in 2010. It notes that one of the main recommendations of the analysis concerns a reviewing of the structure of the national labour administration system in order to clearly define the duties and responsibilities of the various parties, avoiding any overlap of work and ensuring better collaboration with attached departments and other ministries. The Committee notes that the Government refers to the reorganization of the Ministry of Labour through the attachment of a department responsible for vocational training and its consequent renaming as the Ministry of Labour, Employment and Vocational training (MTEFP). It further notes the Government’s reference, in its report on the application of Convention No. 81, to the organization chart for the new Directorate-General for Occupational Hygiene and Medicine within the MTEFP, for which the relevant legislative text is due to be published. The Committee asks the Government to supply detailed information on the measures taken or contemplated to follow up on the abovementioned recommendations. It requests the Government to provide a copy of the legislation assigning the responsibilities and structure of the MTEFP and also an organization chart of the main bodies comprising the labour administration system showing the provincial and local departments.

Article 3. Activities in the field of national labour policy regulated by recourse to direct negotiations between employers’ and workers’ organizations. The Committee notes that, at the time the analysis was conducted in 2010, the social dialogue mechanisms within the joint committees (particularly the Labour Advisory Board, the Technical Advisory Committee on Occupational Safety and Health and the National Wage Review Board) were not yet operational. The Committee requests the Government to supply information on the operation in practice of the joint committees, together with copies of extracts from reports on work done within these bodies during the next reporting period. Referring to its previous comments, the Committee once again asks the Government to indicate which activities in the field of national labour policy are regarded as being matters regulated by recourse to direct negotiations between employers’ and workers’ organizations, and to supply information on the outcome of negotiations conducted in this context, and also copies of any relevant collective agreements.

Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee notes the Government’s statement that consultations and negotiations between the public authorities and employers’ and workers’ organizations take place when necessary. It notes that the Government refers to the current reform of the Labour Code as an example of consultation with the social partners. It further notes that, contrary to the Government’s indication, the records of the negotiations mentioned in the report are not attached to it. Referring to its comments on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee notes that the problem of determining the most representative trade union organizations persists. The Committee asks the Government to provide information on the criteria used to determine the spheres in which tripartite consultation, cooperation and negotiation are necessary and the measures taken to ensure that these take place at the national, regional and local levels. It requests the Government to continue to provide information on these consultations and their outcome (especially with regard to the formulation of the national labour and employment policy) and to send copies of the relevant legislative texts and extracts from reports. It also asks the Government to indicate the progress made with regard to identifying the most representative workers’ organizations.

Article 6. National labour and employment policy. The Committee notes the Government’s indication that the national employment policy is being formulated, subject to the national employment and unemployment survey and the informal sector survey being conducted. Recalling that, according to the analysis, the absence of basic labour statistics and analytical studies was considered a major obstacle to the formulation of labour, employment and social security policies, the Committee notes with interest that, according to the general report on the work of the national employment forum, published on the website of the Ministry of Economics and Forecasting, the National Employment Observatory, responsible for monitoring of the job market, has been put into operation. The same general report describes the restructuring and reinforcement of the National Employment Office (ONE) in order to make it the executive body for the national employment promotion policy, including through better deployment throughout the country. The Committee requests the Government to supply information on the results of the abovementioned surveys. It also requests the Government to supply details of the activity of the National Employment Observatory with regard to monitoring the job market. It further asks the Government to indicate the progress made on the formulation of the national employment policy and to send a copy of it, once it has been adopted.

Article 7. Extension of the functions of the system of labour administration to include activities for categories of workers who are not, in law, employed persons. The Committee notes the information contained in the analysis to the effect that self-employed workers can use ONE services in such contexts as training in relation to the establishment and management of a small enterprise. It also notes that this analysis cites a project for the coverage of self-employed workers by the National Health Insurance and Social Guarantee Fund. The analysis also refers to the existence of two ministerial departments responsible for the informal sector. The Committee asks the Government to supply details of the manner in which labour administration services are provided for workers who are not, in law, employed persons. Referring to its comments under Article 6, it also requests the Government to indicate, if applicable, the employment policy measures targeting the informal sector.

Article 8. Formulation of national policy in the area of international labour relations. The Committee notes that the analysis refers to operational problems in the Directorate for International Relations at the MTEFP, at the time it was established in 2010, because of posts remaining vacant. The Committee requests the Government to provide information on the work of the Directorate for International Relations at the MTEFP or of any other body with responsibilities in this area, and to send a copy of all relevant reports on this subject.

Article 10(1). Qualifications and training of staff of the labour administration system. The Committee notes that the analysis highlights a lack of specific data on the number of employees performing duties within the labour administration and also a lack of specialists to meet the requirements of the service, particularly employment specialists and statisticians for the preparation of an employment policy. The Committee also notes the Government’s reference to training given to officials since 2008, with ILO cooperation, which appears to relate in particular to labour inspectors. The Committee requests the Government to send information on the recruitment of specialists (including economists and statisticians) to vacant posts within the labour administration, and also detailed information on the training given to officials in the labour administration system.

Article 10(2). Status, material means and financial resources necessary for staff. The Committee notes that, according to the analysis, there are insufficient logistical, material and human resources, particularly in the provincial departments of the labour administration system. It also notes that, according to the conclusions of the analysis, not all staff of the ONE have the status of officials. The Committee asks the Government to take appropriate steps to ensure that the main bodies comprising the labour administration system are allocated both the necessary financial resources and sufficient numbers of staff deployed throughout the country.

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

The Committee notes the Government’s report, which was received at the ILO on 12 November 2009, in reply to its direct request of 2005. It also notes the communication of Order No. 00003 MTEPS/CAB of the Minister of Labour, Employment and Social Security appointing the members of the National Wage Review Board, and Order No. 00004 MTEPS/CAB appointing the Technical Advisory Committee for occupational safety and health, both Orders being signed on 8 January 2008.

Article 3 of the Convention. Activities in the field of national labour policy regulated by recourse to direct negotiations between employers’ and workers’ organizations. The Committee notes that, although Decree No. 000795/PR/MTE of 4 July 1980 created the impression that the National Wage Review Board was a tripartite body in which the Government was represented by a number of ministries, while the employers had one representative of the Employers’ Confederation of Gabon (CPG) and the workers had one representative of the Trade Union Confederation of Gabon (COSYGA), Ministerial Order No. 00003 MTEPS/CAB appointing its members shows that this board is a joint body, with the Government playing the role of rapporteur. It therefore appears that this board is a body in which wage-related matters are discussed directly between employers’ and workers’ organizations, in accordance with Article 3. In addition, the Technical Advisory Committee for occupational safety and health is a joint body, as shown by Order No. 00004 MTEPS/CAB appointing its members. The Committee requests the Government to indicate the activities in the field of national labour policy regarded as being matters regulated by recourse to direct negotiations between employers’ and workers’ organizations and to supply information on the outcome of negotiations conducted in this context, and also copies of any relevant collective agreements.

The Committee requests the Government also to supply information on the operation in practice of the Joint Labour Advisory Board established by Decree No. 00912/PR/MTE and also on the operation of the National Wage Review Board and the Technical Advisory Committee for occupational safety and health, together with copies of extracts from reports on work done within these bodies during the next reporting period.

Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee wishes to emphasize that under the terms of Article 5 each Member which ratifies the Convention must make arrangements to secure, within the system of labour administration, consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers, or employers’ and workers’ representatives (paragraph 1). To the extent compatible with national law and regulations and national practice, such arrangements must be made at the national, regional and local levels as well as at the level of the different sectors of economic activity (paragraph 2). The Committee requests the Government to take steps to secure, within the system of labour administration, consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers, to describe the measures taken to this end and to supply information on their implementation in practice, including copies of legislative texts and extracts from relevant reports.

ILO technical cooperation. Noting with interest that the organization of a number of training seminars by the ILO, particularly in 2008 in the area of labour inspection, has had a clear impact on the functioning of the labour inspectorate, the Committee requests the Government to supply detailed information on the type of training provided for different categories of officials in the labour administration, and also on the results of this training with regard to the operation of the labour administration system.

Furthermore, the Committee again requests the Government to supply information previously requested in the following terms:

–      National employment policy. Please describe the role of the National Employment Office in the preparation, implementation and evaluation of the National Employment Policy. Please describe the activities of the Help Fund for Professional Integration and Reintegration and the manner in which they contribute to pursuing the objectives of the employment policy (Article 6(2)(a)). In this respect, the Government might find it useful to consult the General Survey that the Committee has produced recently on the relevant international labour standards: Promoting employment (2004).

–      Practical application. Please communicate extracts of any reports or other periodic information provided by the principal labour administration services to allow the appreciation of application of the Convention in practice (Part IV of the report form).

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

The Committee notes the very brief reports received in September 2004 and August 2005. It notes that the Government states that no new measures have been taken for application of the Convention and even that the various advisory and other bodies mentioned in its previous report do not yet function properly. The Committee hopes that the Government will be in a position to show in its next report the progress made in application of the Convention, in regard particularly to the following aspects.

1. Tripartite consultations. Please indicate the measures taken or envisaged to guarantee the effective operation of the Advisory Labour Committee, the Advisory Technical Committee on Occupational Safety and Health, and the National Committee which examines salaries. Please indicate any matters that have been brought before these bodies, the opinions they have issued and how they have been taken into account (Article 5, paragraph 1, of the Convention).

2. National employment policy. Please describe the role of the National Employment Office in the preparation, implementation and evaluation of the National Employment Policy. Please describe the activities of the Help Fund for Professional Integration and Reintegration and the manner in which they contribute to pursuing the objectives of the employment policy (Article 6, paragraph 2(a)). In this respect, the Government might find it useful to consult the General Survey that the Committee has produced recently on the relevant international labour standards: Promoting employment (2004).

3. Practical application. Please communicate extracts of any reports or other periodic information provided by the principal labour administration services to allow the appreciation of application of the Convention in practice (Part IV of the report form).

4. ILO technical cooperation. Please describe any ILO advisory or technical cooperation activities from which the country has benefited during the period of the report and specify any measures affecting the labour administration which were adopted as a result (Part V of the report form).

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report and the information provided in reply to its previous comments. It notes the legislative texts and texts available at the ILO on the development of the institutional structure of the labour administration system: Law No. 39/93 of 15 February 1993 ratifying Ordinance No. 008/93 relating to the establishment of a National Employment Office led by a tripartite governing board which is in charge of assisting job or training seekers, so as to facilitate their professional integration, or reintegration on the one hand, and help employers recruit or reclassify their personnel on the other hand; Decree No. 272 of 9 March 1994 on the operation and organization of the Office whose attributes are specified in section 3; Decree No. 273 of 9 March 1994 on the organization and operation of a Help Fund for Professional Integration and Reintegration whose governing board is also tripartite, and whose tasks and functioning are geared to promoting employment, and the initial training of young persons and adults taking due account of the socio-economic needs; Ministerial Order No. 808 of 21 November 1995 specifying the composition and functioning of the Technical Consultative Committee on Occupational Safety and Health; Decree No. 642 of 23 June 1997 specifying the composition of the National Committee which examines salaries, and lastly, Decree No. 643 of 23 June 1997 on the Labour Consultative Committee.

The Committee would be grateful if the Government would transmit a copy of any text which is in application of the abovementioned instruments as well as a copy of Ordinance No. 9 of 1 October 1993 which establishes a fund to assist in professional integration and reintegration. It further requests the Government to provide precise information with respect to Article 6 of the Convention, on the practical functioning of the abovementioned bodies, and to transmit extracts of all reports, or other periodic information especially statistics on their activities.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee observes that the report of the Government contains no reply to its earlier comments. It hopes that the next report will provide full information on the points raised in its previous direct request, which were to the following effect:

The Committee trusts that in future reports the Government will continue to furnish clear information on the effective operation of the system of labour administration, in accordance with Article 4, and also on the material means and financial resources necessary for the effective performance of the duties of the staff assigned to this system in accordance with Article 10, paragraph 2, including extracts of any reports or other periodic information provided by the principal labour administration services, as indicated in point IV of the report form drawn up for this Convention.

Article 5, paragraph 1, of the Convention. The Committee takes note of the intention expressed in the report of the Government to communicate to it the texts concerning the application of the provisions of this Article. It notes with interest the provisions of Decree No. 000795/PR/MTE of 4 July 1980 establishing the composition of the National Committee for the Study of Wages. Other texts requested in its earlier comments do not, however, appear to have been received and the Committee trusts that copies will be enclosed with the next report of the Government and that they will provide in particular information on the establishment, composition and effective operation of advisory bodies such as the Technical Advisory Committee and the Labour Advisory Committee, provided for by section 159 of the Labour Code.