Labour Administration Convention, 1978 (No. 150) - Burkina Faso (Ratification: 1980)

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

Article 5(1) of the Convention. Tripartite consultations. The Committee notes that, according to the information provided by the Government in its report, the Labour Advisory Commission generally holds ordinary meetings at least twice a year, in order to issue reasoned opinions on matters relating to labour law. The aforementioned Commission may also, at the request of the Minister of Labour, examine any difficulties that arise during the negotiation of collective agreements, and study elements that could be used as a basis for fixing a minimum wage. The Committee notes that in 2008 and 2009, the Commission was consulted specifically with regard to draft decrees and orders. In 2009, it was also requested by the Minister of Labour to issue opinions on requests from two private enterprises regarding an exemption relating to weekly working hours and the implementation of a food voucher system. The Committee asks the Government to provide information on any matters referred to the Labour Advisory Commission during the next reporting period. It would also be grateful if the Government would indicate whether measures have been taken or are envisaged in order to secure consultation, cooperation and negotiation between the public authorities and organizations of employers and workers, at regional and local levels.

Article 6(2)(a). Employment policy. Referring to its previous comments on private employment agencies and temporary work agencies, the Committee notes Decree No. 2007-548/PRES/PM/MTSS, regulating the activities of offices, private employment agencies and temporary work agencies, and Order No. 2207 028/MTSS/SG/DGT/DER, issuing the terms and conditions applicable to offices, private employment agencies and temporary work agencies. The Committee notes that the labour administration must examine the requests relating to the aforementioned terms and conditions, grant and renew authorization if the enterprise submitting the request meets all the established requirements, and carry out monitoring via the labour inspection services to ensure that the enterprise is continuing to comply with the terms and conditions. The Committee asks the Government to provide information on the results of the labour inspection visits conducted to monitor the activities of offices, private employment agencies and temporary work agencies. Moreover, with regard to activities implemented to promote employment, the Committee requests the Government to refer to its comments on the application of the Employment Policy Convention, 1964 (No. 122).

Technical assistance. The Committee notes with interest that, according to the information available on the ILO website, a project funded by the French Government to modernize labour administration and inspection in five African countries, including Burkina Faso (BIT/ADMITRA-Phase II), was launched in April 2011 and will end on 31 December 2014. The programme focuses on: (a) strengthening the capacity for action of labour administration and inspection in the informal economy; (b) ensuring the effective, coordinated and active organization and operation of labour administration and inspection bodies; (c) building capacity through training and the updating and modernization of the working methods and tools used by labour inspectors, labour administration and inspection staff and labour inspector trainers; and (d) strengthening the capacity of officials responsible for supervising the formulation, implementation and evaluation of public development policies. The Committee asks the Government to supply information on the impact of the implementation of this project on the operation of the labour inspection system and on the performance of its assigned duties.

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

Article 5(1) of the Convention. Tripartite consultations. The Committee notes that, according to the Government, the Labour Advisory Commission held two ordinary sessions in 2008 and 2009 to examine 15 draft texts implementing the Labour Code and issue two opinions on those texts. The Committee requests the Government to provide information on the matters referred to the Labour Advisory Commission and the texts of the opinions issued by it.

Article 6(2)(a). National employment policy. The Committee notes the information provided by the Government concerning the activities carried out in the context of the Support Fund for the Informal Sector (SASI), the Support Fund for Employment Promotion (FAPE) and the National Programme to Support the Reintegration of Retrenched Workers (PNAR-TD). The Committee requests the Government to continue providing information on the activities carried out in the context of the National Employment Policy, including, in particular, the type and volume of activities implemented to promote employment and the results achieved.

With regard to its previous request concerning private employment offices and temporary work agencies, the Committee notes that Decree No. 94-179 of 20 May 1994 has been repealed and replaced by Decree No. 1007-548/PRES/PM/MTSS of 7 September 2007 regulating the activities of agencies, private employment offices and temporary work agencies. The Committee requests the Government to provide a copy of the Decree concerned and to describe the activities carried out by the labour administration in the context of its implementation. It also requests the Government to provide a copy of Order No. 2007-028/MRSS/SG/DGT/DER of 21 November 2007 issuing the terms of reference applicable to agencies, private employment offices and temporary work agencies.

Application in practice and ILO technical cooperation. The Committee notes the Government’s indication that the difficulties encountered by the labour administration in implementing the Convention include problems encountered by its staff in accessing the training required to acquire the appropriate skills for the performance of their duties in a context of globalization. It also notes that ILO cooperation during the period covered by the report resulted in actions relating to capacity building, institutional support and programme funding. The Committee requests the Government to keep the ILO informed of the impact of ILO cooperation on the operation of the labour administration (Part V of the report form).

It also reiterates its request to provide the Office with any extracts of reports or other periodic information provided by the labour administration bodies which allow an assessment of the application of the Convention in practice (Part IV of the report form).

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

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:

1. Tripartite consultations. The Committee notes that the Labour Advisory Commission has been consulted, among other matters, on the preliminary draft texts of the Labour Code and the Social Security Code, as well as on the preliminary draft of the Uniform Labour Law Act of the member States of the Organization for the Harmonization of Business Law in Africa (OHADA). It requests the Government to continue providing information on the matters examined by the Labour Advisory Commission and on the opinions that it issues (Article 5(1), of the Convention).

2. National employment policy. The Committee notes the information concerning the activities of the Directorate for the Promotion of the Informal Sector and the Ministry for the Promotion of Women to develop training and employment in the informal economy. The Committee recalls its interest in being provided with information on the activities of the Support Fund for Employment Promotion and the National Programme to Support the Reintegration of Retrenched Workers. It requests the Government to continue providing information on the nature and volume of the activities undertaken to promote employment and on the results that they achieve (Article 6(2)(a)). In this respect, the Government may find it useful to consult the General Survey that the Committee recently devoted to the relevant international labour standards, Promoting employment (2004). Furthermore, the Committee once again requests the Government to describe the activities of the labour administration in the context of the application of Decree No. 94-179 of 20 May 1994 determining the conditions for the establishment of agencies, private employment offices and temporary work agencies.

3. Application in practice. Please provide any extracts of reports or other periodic information provided by the labour administration services which give a general appreciation of the manner in which the Convention is applied in practice (Part IV of the report form).

4. ILO technical cooperation. Please indicate, where appropriate, the ILO advisory or technical cooperation activities from which the country has benefited during the reporting period and describe the measures affecting the labour administration taken as a result (Part V of the report form).

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

The Committee notes the Government’s report and the brief information that it contains in reply to its previous comments. It requests the Government to provide information that is as full and detailed as possible in its next report on the application of the Convention, with particular regard to the following aspects.

1. Tripartite consultations. The Committee notes that the Labour Advisory Commission has been consulted, among other matters, on the preliminary draft texts of the Labour Code and the Social Security Code, as well as on the preliminary draft of the Uniform Labour Law Act of the member States of the Organization for the Harmonization of Business Law in Africa (OHADA). It requests the Government to continue providing information on the matters examined by the Labour Advisory Commission and on the opinions that it issues (Article 5, paragraph 1, of the Convention).

2. National employment policy. The Committee notes the information concerning the activities of the Directorate for the Promotion of the Informal Sector and the Ministry for the Promotion of Women to develop training and employment in the informal economy. The Committee recalls its interest in being provided with information on the activities of the Support Fund for Employment Promotion and the National Programme to Support the Reintegration of Retrenched Workers. It requests the Government to continue providing information on the nature and volume of the activities undertaken to promote employment and on the results that they achieve (Article 6, paragraph 2(a)). In this respect, the Government may find it useful to consult the General Survey that the Committee recently devoted to the relevant international labour standards, Promoting employment (2004). Furthermore, the Committee once again requests the Government to describe the activities of the labour administration in the context of the application of Decree No. 94-179 of 20 May 1994 determining the conditions for the establishment of agencies, private employment offices and temporary work agencies.

3. Application in practice. Please provide any extracts of reports or other periodic information provided by the labour administration services which give a general appreciation of the manner in which the Convention is applied in practice (Part IV of the report form).

4. ILO technical cooperation. Please indicate, where appropriate, the ILO advisory or technical cooperation activities from which the country has benefited during the reporting period and describe the measures affecting the labour administration taken as a result (Part V of the report form).

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

With reference also to its observation, the Committee notes that according to the Government the country is eligible for projects relating to the ILO ATLAS system. The Committee notes in this respect the Government’s desire to receive ILO technical assistance.

The Government is requested to provide information on the application in practice of the recently adopted legislative measures in the field of labour administration so that it can assess the progress achieved in the implementation of the provisions of the Convention. The Committee would be grateful in particular if the Government would provide information on the matters dealt with by the National Technical Advisory Committee on Health and Safety, which is of tripartite composition, since its establishment by Decree No. 96-17 of 30 January 1996 and if it would indicate the frequency and purpose of the meetings of the Advisory Labour Commission established by virtue of Decree No. 97-101 of 12 March 1997 and entrusted with issuing opinions on all matters respecting labour legislation.

The Committee notes the existence in the Ministry of Employment, Labour and Social Security of a directorate responsible for the promotion of the informal sector, and it would be grateful if the Government would indicate the precise definition of the term "informal sector", as well as supplying information on any initiatives which may have been taken to consolidate jobs in the sector and on the means adopted to stimulate the creativity of micro-entrepreneurs, contribute to the improvement of earnings in the sector and on the results achieved. The Government is also requested to indicate, where appropriate, the nature and extent of the involvement of the Ministry for the Promotion of Women in the action taken for the informal sector.

Noting that by virtue of Decree No. 94-179 of 20 May 1994 employment agencies, private employment offices and temporary work agencies can be established, the Committee would be grateful if the Government would provide information on the number of such agencies, with an indication, for example, of the number and distribution of authorized agencies and any statistical information that is available on their activities. The Government is also requested to indicate the means of supervision available to the authorities entrusted with public labour administration over these activities in relation to the objectives of the national labour policy.

Finally, the Committee would be grateful if the Government would provide information on the matters relating to the labour administration policy which are determined, in accordance with the law, through collective labour agreements, and if it would supply copies of such collective agreements.

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

The Committee notes the Government’s reports for the period ending May 2000 and the annexed documentation.

The texts provided and the legislation available to the ILO bear witness to the legislative efforts made over recent years with a view to developing a labour administration system progressively covering workers considered to be salaried employees under the legislation, as well as other categories of workers, such as those working in the informal sector. In this respect, the Committee notes with interest the provisions of Decree No. 97-93 of 7 March 1997, which are reproduced in Decree No. 2000/358 of 2/8/2000, establishing, within the Ministry of Employment, Labour and Social Security, a central directorate and external services responsible for relations with the informal sector and to assist in promoting the activities carried out in the sector through training activities, financing and the stabilization of jobs within the context of the national labour policy. The Committee also notes Decree No. 96-17 of 30 January 1996 establishing a National Technical Advisory Committee on Health and Safety, which is of tripartite composition, with representatives of ministerial departments discharging functions related to the labour administration policy; Decree No. 97-101 of 12 March 1997 establishing the composition, mandate and operation of an Advisory Labour Commission responsible for issuing opinions on any matter relating to labour legislation, the opinion of which is required in a large number of cases related to the fields of labour administration; Order No. 98-49 of 19 October 1998 determining the responsibilities, organization and functioning of the directorate of the Training and Further Training Centre, which comes under the responsibility of the Ministry of Infrastructure, Housing and Urbanization, and works closely with international organizations and the Ministry responsible for employment; Decree No. 98-533 of 31 December 1998 establishing a Support Fund for Employment Promotion (FAPE) and determining its responsibilities, organization and functioning as a fund entrusted with promoting employment creation, consolidating existing jobs through projects, ensuring the recovery of the financing allocated to promoters and seeking funding; and Decrees Nos. 98-535 and 536 of 31 December 1998 respecting the National Support Programme for the Reintegration of Retrenched Workers. The Committee also notes that Decree No. 99-506 of 31 December 1999, adopting the strategy for the promotion of craftworkers, takes into account the contribution of the informal sector and refers to the Labour Code with regard to employees and craftworkers; the Committee would be grateful if the Government would provide information on the precise measures taken in practice by the directorate for the promotion of the informal sector and on the results achieved in terms of knowledge of the sector (Article 7 of the Convention). It would also be grateful of the Government would provide detailed information on the progress made in the process of establishing the National Advisory Labour Commission, the National Technical Advisory Committee on Health and Safety, the Training and Further Training Centre referred to above (Article 5), the Employment Promotion Support Fund (FAPE) and the National Support Programme for the Reintegration of Retrenched Workers (Article 6(2)(b)).

The Committee is also addressing a request directly to the Government on other matters.

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

Articles 4 and 9 of the Convention. The Committee notes the information provided by the Government in reply to its previous direct request concerning new provincial labour inspectorates. Please indicate the progress made through the 1991-1995 Plan in this respect, as well as the arrangements to ensure effective coordination and supervision of the work of labour administration bodies at all levels.

Please also supply the information on practical application of the Convention asked for under point IV of the report form.

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

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:

Article 4 of the Convention. With reference to its earlier comments, the Committee notes that the new regional labour inspectorates are to be opened in the near future. It requests the Government, in future reports, to give detailed information on the opening of these inspectorates, and general information on the development of the labour administration services in a number of provinces, to which the Government referred in its first report on the application of this Convention.

Article 6, paragraph 2(b). See comments under Convention No. 81, Article 3, paragraph 1(c).

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the information provided by the Government in reply to its previous direct request.

Article 4 of the Convention. With reference to its earlier comments, the Committee notes that the new regional labour inspectorates are to be opened in the near future. It requests the Government, in future reports, to give detailed information on the opening of these inspectorates, and general information on the development of the labour administration services in a number of provinces, to which the Government referred in its first report on the application of this Convention.

Article 6, paragraph 2(b). See comments under Convention No. 81, Article 3, paragraph 1(c), as follows:

Article 3, paragraph 1(c), of the Convention. With reference to its earlier comments, the Committee hopes that pending the revision of the Labour Code referred to by the Government in its last report, appropriate measures will be taken to give effect to this provision of the Convention, which provides that the labour inspectorate must bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. It requests the Government to provide information on any progress made in this regard in its next report.