Labour Administration Convention, 1978 (No. 150) - Benin (Ratification: 2001)

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

Referring to its observation, the Committee wishes to raise the following additional points.

Articles 2 and 9 of the Convention. Labour administration activities entrusted to non-governmental organizations (NGOs). The Committee notes the Government’s indication that, in the area of social protection, labour administration activities have been entrusted to the “Network of mutual community health associations”. In the area of child labour and trafficking of children, they have been entrusted to two NGOs: Associates in Research and Education for Development (ARED) and the “Association for the protection of children in distress” (APEM). In the area of vocational training, they have been entrusted to the “Craftworkers support agency”. Employers’ and workers’ organizations also conduct training activities for their members. The Committee asks the Government to indicate what resources are available to the Ministry of Labour, Public Service, Administrative and Institutional Reform, and Social Dialogue (MTFPRAI-DS), in order to allow the Ministry to verify that, in the context of the activities entrusted to them, these bodies act in accordance with the national legislation and respect the objectives assigned to them.

Articles 5 and 6(2)(c). Labour administration functions in the area of labour relations. The Government explains that the internal regulations of the National Labour Council (CNT) do not provide for setting up a commission on international labour standards within the Council but that the consultation prescribed by these Articles of the Convention is already effective. However, the Government mentions difficulties in the functioning of both the CNT and the National Commission for Occupational Safety and Health, particularly that the four sessions a year stipulated in the Labour Code do not take place on a regular basis. The Government also states that the Directorate of Labour Relations at the MTFPRAI-DS enforces labour legislation in private and semi-public enterprises; examines drafts of internal regulations and also of collective agreements and enterprise agreements submitted by employers; holds training sessions for the social partners; issues work permits; examines employment contracts for expatriates; and prepares CNT meetings. Reminding the Government of the essential roles of employers’ and workers’ organizations in attaining the objectives of economic, social and cultural progress, as recognized in the preamble to the Convention, the Committee asks the Government to ensure that measures are taken to alleviate the difficulties which it mentions, so that these bodies can duly discharge the functions assigned to them. The Committee would also be grateful if the Government would provide information on this matter, and also copies of reports or extracts of reports on the work of these bodies.

Article 10. Labour administration system staff. 1. Status and necessary independence of labour administration system staff. Under section 5 of Decree No. 2008-377 of 24 June 2008 establishing the conditions of employment of public service contract staff, posts that can be occupied by contract staff are divided into four categories, according to grade and qualifications. Under section 2 of Decree No. 85-375 of 11 September 1985 establishing the special regulations of the various labour administration staff corps, category A comprises labour inspectors and labour administrators; category B, labour controllers; category C, labour assistants; and category D, labour clerks. As regards the career prospects of labour administration staff, the Committee noted in its previous comment that, under sections 6, 12, 17, 24 and 29 of Decree No. 85-375, in addition to criteria such as professional knowledge, diligence and efficiency, political convictions are also taken into account in the classification of posts in all categories. The Committee further notes that the analytical study underlying the Strategic Plan 2007–16 relating to the reinforcement of labour administration recognizes that the politicization of the administration, based on political ties, constitutes one of the weaknesses affecting the basic principles of management of public service staff, and does not allow career plans in the public service to be put in place and monitored. The same document highlights the Government’s political will to rehabilitate the public service and confine it to an apolitical role of public service administration and management. The Committee emphasizes, as it did with reference to labour inspectors in paragraph 202 of its 2006 General Survey on labour inspection, that if service and career prospects depend on political considerations, this is contrary to the principle of independence. The Committee therefore requests that the Government provide information on the progress made in the framework of the implementation of the Strategic Plan 2007–16 so as to guarantee the independence of labour administration from any improper external influences. It further asks the Government to send a copy of any legislative text adopted towards this end.

2. Staff recruitment. As regards progress made in the context of the Strategic Plan 2007–16 relating to the reinforcement of labour administration and its human resources, the Committee welcomes the fact that, according to the Government’s indications, 20 labour inspectors were recruited in 2012 and 25 labour controllers in 2013. However, the Government further indicates that, as at 31 December 2013, labour administration staff comprised 17 labour administrators, 43 labour inspectors, and two occupational physicians. However, the Committee also notes that the Government indicates that at the same date, there were 23 labour controllers (and not 25). The Committee asks the Government to continue supplying information on the numbers and status of staff and to specify the respective numbers of permanent employees and contract workers in labour administration in the public service.

Application in practice. The Committee notes the Government’s indication that the problem of coordinating the various labour administration bodies, which was raised in the previous report, persists. It also notes the information sent regarding actions for combating sexually transmitted infections (STIs) and HIV/AIDS and for protecting and integrating persons with disabilities. In particular, it notes the adoption of the national policy for the protection and integration of persons with disabilities and the preparation and submission to the Supreme Court, for its opinion, of the Bill concerning the protection and promotion of the rights of persons with disabilities, and actions for the promotion of women, including implementation of the intermediate support programme for income-generating activities for women. The Committee further notes the initial training of specialists in occupational medicine at the Faculty of Health Sciences. The Committee reminds the Government of the possibility of availing itself of ILO technical assistance so as to develop conditions conducive to the establishment of an efficient administration system, such as provided for in the Convention. It also asks the Government to continue supplying information on the manner in which the Convention is applied in practice.

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

Article 7 of the Convention. Extension of the functions of the system of labour administration. The Committee notes the specifications provided by the Government concerning the role of the “National microfinance fund” and the “Income-generating activity support project”. It notes with interest that, under the terms of section 3 of Decree No. 2013-135 of 20 March 2013 establishing the functions, organization and functioning of the Mutual Social Security Fund (CMPS), the aim of the CMPS, which has been established as a public social entity under the responsibility of the Ministry of Social Security, is to implement the extension of social protection to workers in the informal economy and their families through the administration of sickness and old-age benefits. The Committee requests that the Government provide information on progress made regarding the application of the abovementioned Decree and on the role assigned to the Ministry of Labour, Public Service, Administrative and Institutional Reform, and Social Dialogue (MTFPRAI-DS). The Committee would also be grateful if the Government would supply information on the steps taken to give effect to section 7 of Act No. 98-019 of 21 March 2003 issuing the Social Security Code, according to which it is planned to adopt a law concerning the organization and functioning of the special regime for self-employed workers in agriculture.

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

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

With reference to its observation, the Committee notes the communication of Decree No. 2006–408 of 10 August 2006 concerning the duties, structure and functioning of the Ministry of Public Service, Labour and Administrative Reform; Decree No. 2008–107 of 10 March 2008 concerning the duties, structure and functioning of the Ministry of Forward Planning, Development and Evaluation of Public Policy and Coordination of Public Action; and Decree No. 2007–410 of 31 August 2007 approving the framework document for the national occupational safety and health policy.

Deficiencies and prospects for strengthening the labour administration in Benin. The various documents originating from the Ministry of Labour and Public Service (MTFP) concerning the situation and prospects of the labour administration show that the latter is facing: numerous difficulties of a structural, political, legal and economic nature; a proliferation of stakeholders and duplication of functions; inadequacies and irrational distribution of budgetary resources; insufficient staff numbers and qualifications and uneven distribution at the expense of the regions; lack of a long-term financial strategy in the context of international cooperation for undertaking reforms; limited material resources; ineffectiveness of actions to promote employment; and lack of national labour statistics within the meaning of the Labour Statistics Convention, 1985 (No. 160). The General Confederation of Workers of Benin (CGTB) also emphasizes the inadequacy of the material and financial resources of the labour administration.

The Committee notes the measures determined by the Government for tackling these weaknesses. In particular, it has laid down strategic objectives to this end in various fields, including occupational safety and health, HIV/AIDs in the workplace, the protection and integration of persons with disabilities, the advancement of women, land management (better programming, optimum resource management, decentralization, equipment), the population, further vocational training, etc. The Committee requests the Government to keep the Office informed of any developments relating to the objectives laid down by the labour administration, including the measures taken to achieve them.

Article 2 of the Convention. Labour administration activities delegated or assigned to non-governmental organizations. The Committee notes that the Beninese Association for Occupational Safety and Health (ASBESST) conducts training activities in the working environment, including with regard to asthma and workplace vaccinations, and that the Beninese Association of Occupational Health Nurses (ABIIST) is called upon by the Directorate of Occupational Health (DST) to contribute to the preparation of documents on occupational safety and health and, in particular, to the updating of the list of occupational diseases. The Committee requests the Government to indicate any other national labour policy activities which are delegated to non-governmental bodies, such as employers’ or workers’ organizations (for example, in the area of social protection, training, worker education, etc.).

Article 3. Activities in the field of national labour policy forming part of matters which are regulated by having recourse to direct negotiations between employers’ and workers’ organizations. The Committee notes that, according to the national labour policy document, the agreements concluded between the social partners have binding legal force after their approval by the State. It notes in this regard that the general collective labour agreement signed by the social partners on 30 December 2005 replaces the general collective agreement of 17 May 1974 and that its provisions, which are considered as constituting minimum conditions for recruitment, apply to individual employment contracts which are concluded at a later date. The Committee requests the Government to send copies of any texts governing collective negotiations, and also copies of any other collective agreement in force.

Articles 5 and 6(c). Labour administration functions with regard to representative organizations of employers and workers. The Committee notes the general information contained in the national labour policy document concerning the role of various tripartite bodies which are competent for the matters covered by the Convention (National Labour Council (CNT), National Commission for Occupational Safety and Health, Joint National Commission for Collective Agreements and Wages (the latter not yet being operational)). It notes in particular that the CNT participates in analysis of the economic and social situation of the country, the examination of dossiers for the ratification of international labour Conventions, the review of the Labour Code and the examination of draft texts for the application thereof, as well as the consideration of an increase to the guaranteed inter-occupational minimum wage (SMIG). In its direct request of 2007 relating to the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Committee noted that the commission on international labour standards which was due to be established within the CNT had not yet been set up. The Committee requests the Government to indicate whether this body has been set up and to provide further information on the operation in practice of each of the abovementioned advisory bodies and to send reports or extracts from reports on their work.

The Committee notes that, according to section 69 of Decree No. 2006–408, the Directorate of Labour Relations of the MTPFP is responsible for managing relations between the public authorities and the workers’ and employers’ organizations, and also with any other occupational bodies with respect to collective negotiations, worker education and the promotion of trade unions. The Committee requests the Government to supply information on the application of this provision in practice, and also on its impact during the next reporting period.

Article 7. Extension of the functions of the system of labour administration to non-wage workers. The Committee notes that, according to the Government, there is no legal definition of the expression “non-wage workers” within the meaning of the Convention. However, it notes that the national labour policy document refers to bodies such as the “National microfinance fund”, and the “Income-generating activity support project” (PAGER), which appear to provide benefits for categories of non-wage workers. Moreover, according to section 7 of Act No. 98–019 of 21 March 2003 issuing the Social Security Code, there are plans to adopt a law on the organization and functioning of the special regime for self-employed workers in agriculture and the informal sector. According to a 2010 ILO study on labour market institutions and development challenges, with specific reference to the case of Benin, self-employed workers constitute more than 70 per cent of the active population principally working in the informal economy. The Committee requests the Government to supply further information on the role of the “National microfinance fund” and the “Income-generating activity support project”, and to keep the Office informed, if applicable, of any measures aiming to extend labour administration activities to categories of workers such as those referred to in Article 7 of the Convention (nature of activities, beneficiaries and impact).

Article 10. Status and qualifications of labour administration system staff. According to the Government, labour administration staff are governed by the special regulations of the Labour Administration Staff Corps (Decree No. 85–375 of 11 September 1985). The Strategic Plan 2007–16 shows that labour administration staff are composed of permanent employees and contractual employees of the State. The latter are governed by Decree No. 2005–108 of 9 March 2009 and, according to the aforementioned document, enjoy a situation which is broadly similar to that of permanent employees as regards levels of qualifications, rights and obligations, holidays, special permissions and leave of absence, remuneration, benefits, dispute settlement procedures, social benefits and professional evaluation.

As regards the career prospects of public administration employees, the Committee notes that, according to sections 6, 12, 18 and 24 of Decree
No. 85–375 of 11 September 1985, in addition to criteria of professional knowledge, diligence and efficiency, political convictions are also taken into account in the classification of posts. However, the document relating to the Strategic Plan 2007–16 refers to a lack of career prospects largely due to the fact that political affiliations remain, in this respect, a decisive criterion. Moreover, the levels of pay for labour administration employees reportedly lead many employees to seek other sources of income.

The Committee notes that, according to the Government, apart from the basic conditions required for occupying posts in the labour administration system, staff are given training in both national universities and regional and international training centres, and also receive skills training and attend short retraining courses at intervals. However, the Strategic Plan 2007–16 highlights the absence of a national policy for further vocational training for public servants.

The Committee requests the Government to supply a copy of Decree No. 2005–108 of 9 March 2009 and of any other legislative text concerning the conditions of service of various categories of employees working within labour administration system bodies.

It requests the Government to keep the Office informed of any progress made in relation to the part of the Strategic Plan 2007–16 referring to the strengthening of the human resources of the labour administration (staff numbers, qualifications, training, career plan, etc.).

Part IV of the report form. The Committee requests the Government to send with its next report a copy of reports or extracts from reports on the work of the various labour administration bodies, as referred to in Paragraph 20 of the Labour Administration Recommendation, 1978 (No. 158).

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

The Committee notes the Government’s report received at the ILO on 20 October 2009, and also the annual report of the Directorate-General of Labour (DGT) of the Ministry of Labour and Public Service (MTFP) for 2008 and 2009, as well as copies of the legislative texts sent as attachments to the report. It also notes the observations of the General Confederation of Workers of Benin (CGTB), dated 14 January 2010, concerning the inadequacy of the human and material resources of the labour administration.

The Committee notes with interest the communication of documents from the MTFP concerning the situation of the labour administration and the obstacles to its efficient functioning and also the objectives established with a view to overcoming them. It notes in particular the documents on national labour policy, occupational safety and health policy and the paper relating to the strategic plan for strengthening the labour administration for the 2007–16 period. The Committee notes with interest that the 2008 document on national labour policy was drawn up following wide-ranging consultations, including with the social partners.

The Committee is raising other points in a request addressed directly to the Government, notably with regard to the issues raised by the CGTB and also various aspects of the labour administration raised in the Government’s report and the attached documentation.

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

The Committee notes the Government’s first report and the legislation communicated concerning the areas covered by the Convention: Act No. 98-04 of 27 January 1998 enacting the Labour Code; Act No. 98-019 of 21 March 2003 enacting the Social Security Code; Decree No. 2002-369 of 22 August 2002 on the duties, structure and functioning of the Ministry of Public Service, Labour and Administrative Reform; Decree No. 2001-350 of 6 September 2001 on the duties, structure and functioning of the Ministry of Industry, Commerce and Promotion of Employment; Decree No. 2000-490 of 9 October 2000 approving the regulations governing the Employment and Training Observatory; Order No. 2002-026 of 21 March 2002 on the duties, structure and functioning of the Department of Training and Promotion of Employment; Order No. 2002-022 of 15 March 2002 on the duties, structure and functioning of the Employment and Training Observatory; Order No. 2003-024/MICPE/DC/SG/CIPEN/SA of 16 May 2003 on the duties, structure and functioning of the National Coordinating Office for New Employment Initiatives and Projects.

The Committee would be grateful if the Government would also communicate a copy of Decree No. 2001-443 of 5 November 2001 on the duties, structure and functioning of the Ministry for the Coordination of Government Action, Forward Planning and Development, which has not been received by the ILO, as well as any text relating to the duties and functioning of the Department of the Merchant Marine, and any other text adopted in relation to the provisions of the Convention during the period covered by its next report.

Article 2 of the Convention. Labour administration activities delegated or entrusted to non-governmental organizations. The Committee notes that, although the legislation has not made provision for such delegation, associations exist such as the Beninese Association for Occupational Health and Safety (ASBESST) and the Beninese Association of Occupational Health and Safety Nurses (ABISST), which group together occupational health physicians and nurses. The Committee would be grateful if the Government would provide details of the services dispensed by these two associations in the context of the labour administration system, and the nature of their relations with labour administration bodies, if applicable.

Article 5. Tripartite consultation, cooperation and negotiation. The Committee notes that a large number of consultative bodies have been established, such as the National Labour Council, the Joint National Committee on Collective Agreements and Wages, and the National Committee on Occupational Health and Safety. It notes with interest that the system of consultation will probably be reviewed when the national labour policy is adopted, with a view to promoting an integrated approach in the areas covered. It requests the Government to provide information on the issues debated within various committees and on their impact on changes in the labour administration system and on its effectiveness at the legislative and practical levels.

Article 7. Extension of the functions of the system of labour administration to non-wage workers. The Committee notes with interest that workers in the agricultural sector, particularly cotton growers, come under the occupational health plan of the technical department of the Ministry of Agriculture. The extension of measures to prevent occupational risks to workers in the informal agricultural and craft sector and to workers covered by (b), (c) and (d) of this Article is envisaged in the context of the future national labour policy. Also noting that mutual social security organizations have already been set up for workers in the unstructured sector, the Committee requests the Government, firstly, to specify the criteria adopted by national legislation for defining non-wage workers and, secondly, to provide information on measures actually taken for the gradual implementation of this Article.

Article 10. Status and qualifications of labour administration system staff and material means allocated. The Government’s report refers, with regard to these issues, to the information contained in the report on the Labour Inspection Convention, 1947 (No. 81). However, this information only concerns labour inspectors. The Government is therefore requested to provide the detailed information required under this Article in the report form.

Part IV of the report form. Functioning of the various labour administration bodies. Noting that, according to the Government, the information on the functioning of the various labour administration bodies should be available when the national labour policy is adopted, the Committee would be grateful if the Government would attach to its next report copies of the activity reports of those bodies or extracts of such reports, as well as any relevant information or publication.

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

1. Strengthening the capacities of the system of labour administration with ILO support. The Committee notes with interest that, according to the information available, following an institutional survey on labour administration in 1999, the technical assistance provided by the ILO made it possible in particular to strengthen the management training of the secretaries-general of the ministries responsible for labour administration, to give a fresh boost to labour inspection activities, to institute the keeping of an inventory of enterprises in each labour inspection department and to carry out an annual programme of inspection visits.

2. Formulation of a national labour policy. The Committee notes with satisfaction that the ILO support also assisted the process of formulating a national policy, which is still under way, and particularly that the provisions of the Convention relating to coordination between the various stakeholders in the system of labour administration are already being applied.

3. Article 3 of the Convention. Direct negotiations between employers’ and workers’ organizations. The Committee notes that section 55 of the General Collective Labour Agreement of 17 May 1974 gives effect to this provision of the Convention, which provides that activities in the field of national labour policy may be regarded as being matters which are regulated by having recourse to direct negotiations between employers’ and workers’ organizations. Under this text, any collective dispute which arises within an enterprise or establishment will be the subject initially of consultation between management and representatives of the staff and, in the event of disagreement, the dispute will be brought before a joint committee, formed within and operating within the enterprise.

The Committee is addressing a request regarding certain points directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first report as well as the communication of Decree Nos. 2001/350 and 2002/369. It would be grateful if the Government would provide copies of the other texts listed as annexes to the report, which have not yet been received, so as to enable it to assess the level of application of the Convention.