Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Togo (Ratification: 2012)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 3, 11 and 16 of Convention No. 81 and Articles 6, 15 and 21 of Convention No. 129. Functioning and material resources of the labour inspection service. Effectiveness of the system. In reply to the Committee’s previous comments, the Government indicates that the further duties entrusted to labour inspectors do not interfere with the effective discharge of their primary duties. The Committee notes, however, that under the provisions of the new Labour Code of 2021, labour inspectors are still entrusted with conciliation duties. According to the Government, in 2018, in the exercise of their conciliation and social dialogue promotion mandates, the labour inspection services managed a total of 1,082 individual disputes and 118 collective disputes. Individual disputes rose by 9.89 per cent from 2017 to 2018.

In reply to the Committee’s previous comments concerning the reduction of the budget allocated to the labour inspection services from 2016 to 2017, the Government explains that this reduction was a result of the fact that the budgets of the Ministries and state institutions were cut by the Government in 2017, as well as the fact that the budget lines of the General Directorate of Labour (DGT) relating to electricity and water expenses were removed and reallocated to the budget of the line Ministry.

With regard to the number of inspectors, the Committee notes that, according to the information published on the DGT’s website, the number of inspectors was 128 in 2018, 124 in 2019, 121 in 2020, 117 in 2021 and 122 in 2022. The Government indicates that in 2018, a total of 1,048 inspection visits were carried out nationwide (compared to 946 visits in 2017), including 336 in the informal economy. As to material and financial resources, the Government reiterates the lack of vehicles (the DGT has five vehicles) and indicates that inspectors working outside Lomé must use their own means to carry out inspection visits. The Government points out, however, that there are no provisions for the reimbursement of their travel expenses, or any incidental expenses incurred in the performance of their duties. Moreover, some services lack office space. In Lomé, for example, four of the six zonal inspectorates are still located on the DGT’s premises, posing a problem in terms of these services’ proximity to users. The Government also indicates that some material resources (IT and logistics) are still insufficient, while others are virtually non-existent (in particular, documentary support and light and noise measuring equipment). The Committee once again requests the Government to take the necessary measures to ensure that the labour inspection services have at their disposal the material resources necessary to enable them to perform their duties effectively, including by allocating the necessary financial resources and transport facilities, and to provide information on any progress achieved in this regard, including up-to-date information on the inspection budget. The Committee also requests the Government to provide information on the time and resources allocated to conciliation duties compared to those devoted to the performance of the primary duties of inspection and control. The Committee further requests the Government to take specific measures to address the challenges identified in this comment, and reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

Article 5(a) of Convention No. 81 and Article 12(1) of Convention No. 129. Effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities. Cooperation with judicial bodies. With reference to its previous comments, the Committee notes the Government’s indication that, despite the large number of violations observed in 2018 (10,033 violations), only 2 prosecution reports were issued. The Committee notes that section 238 of the Labour Code of 2021 essentially reproduces the wording of the former section 187 under which, in the event of a refusal to comply with the financial arrangement ordered by the labour inspector, a report is referred to the Public Prosecutor with a view to prosecution. The Committee once again requests the Government to provide information on the specific measures taken in practice to ensure cooperation between the labour inspection services and judicial bodies, as well as the results achieved in this regard, including the number of cases referred by the labour inspection services to the Public Prosecutor and the Labour Court.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes that, according to the Government’s indications, under section 233 of the Labour Code, a decree in the Council of Ministers lays down the special status of inspectors, who must be provided with the material and financial resources necessary for their independence and the performance of their duties. The Government indicates that the decree provided for in the above-mentioned section has not yet been adopted. Labour inspectors, therefore, do not have special status, but are governed by the provisions of the General Public Service Regulations and their implementing decree. The Government adds, however, that negotiations are under way to give them special status. The Committee requests the Government to provide information on the progress achieved in adopting special status for labour inspectors, and to provide a copy once it has been adopted.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Conditions concerning the recruitment and training of labour inspectors. The Committee notes that, in reply to its previous comment, the Government indicates that in 2018, out of 128 inspectors, only 1 category A1 labour inspector underwent further training (compared to 3 in 2017). The Government adds that a request for further training for inspectors was communicated to the ILO in 2023. The Committee requests the Government to provide up-to-date information on the measures taken to ensure that labour inspectors receive appropriate training for the performance of their duties, including with the technical assistance of the Office.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Appropriate penalties and effective application. Further to the Committee’s previous comment, the Government indicates that monitoring visits by labour inspectors detected 10,033 violations, compared to 9,480 violations in 2017. A large proportion of the violations committed, or 34.88 per cent, were related to mandatory documents, postings and institutions, followed by violations relating to contracts and conditions of work (24.84 per cent), and violations relating to workplace safety, equipment and the well-being of workers (24.76 per cent). The Government also indicates that in 2018, inspectors issued 1,315 letters of observation and 142 warnings. The Committee notes that, despite the number of violations observed, only two prosecution reports were issued and the closure of one establishment ordered. Noting the low number of reports, the Committee requests the Government to provide information on the measures taken to ensure that inspectors are able to issue appropriate penalties in relation to the violations observed. It also requests the Government to provide up-to-date information on the violations observed during inspection visits.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Annual reports on the work of the inspection services. The Committee notes the communication of the report on the activities of the labour inspection system of 2018, annexed to the Government’s report. The Committee notes, however, that reports for subsequent years have not been provided. It recalls that such reports must be published within a reasonable time after the end of the year to which they relate and in any case within 12 months. The Committee encourages the Government to continue its efforts to prepare and communicate an annual report on labour inspection, ensuring that it contains all elements listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129. Powers and prerogatives of labour inspectors. In its previous comment, the Committee noted that, under section 188(1) of the Labour Code, inspectors are required to notify the head or deputy head of the enterprise or establishment at the start of the inspection, and that the latter may accompany them during the inspection. The Committee recalled that, in accordance with the above-mentioned Articles of Conventions Nos 81 and 129, labour inspectors are dispensed from this requirement if they consider that such notification may be prejudicial to the effectiveness of the inspection. The Committee notes with regret that section 239 of the Labour Code of 2021 essentially reproduces the same wording, stipulating that inspectors shall notify the head or deputy head of the enterprise or establishment at the start of the inspection, and that the latter may accompany them during the inspection. The Committee requests the Government to take the necessary measures to ensure that its national legislation is in conformity with the above-mentioned Articles of Conventions Nos 81 and 129 and to provide information on any progress achieved in this regard.

Article 17 of Convention No. 81 and Article 22 of Convention No. 129. Action to be taken in the event of violations. The Committee notes with regret that section 238 of the Labour Code of 2021 reproduces the wording of the Code of 2006, stipulating that the social legislation and labour inspector must give the head of the establishment warning before issuing a report. This section also stipulates that the inspector may issue a report without previous warning in cases of extreme emergency. The inspector may also order measures with immediate executory force to put an end to any serious and imminent danger. The Government specifies that cases of extreme emergency relate to situations presenting dangers to the safety and health of workers. The Committee recalls that Article 17 of Convention No. 81 and Article 22 of Convention No. 129 provide that, with certain exceptions, legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning, and that it must be left to the discretion of labour inspectors to give a warning or advice instead of instituting or recommending proceedings. The Committee once again requests the Government to take the necessary measures to ensure that persons who violate the legal provisions enforceable by labour inspectors are liable to prompt legal proceedings, without previous warning, and that it must be left to the discretion of labour inspectors to give warning or advice instead of instituting or recommending proceedings.

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

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 3, 11 and 16 of Convention No. 81 and Articles 6, 15 and 21 of Convention No. 129. Functioning and material resources of the labour inspection service. Effectiveness of the system. In its previous comments, the Committee noted that, in accordance with sections 183, 257 and 260 of the Labour Code, labour inspectors, in addition to their primary duties, are responsible for additional functions, including those of conciliation and arbitration in collective disputes. It requested the Government to provide information on the time and resources devoted by labour inspectors to their various duties, recalling the need to ensure that the additional duties entrusted to labour inspectors, particularly with regard to the settlement of disputes, do not interfere with the discharge of their primary duties.

The Committee notes that, according to the information contained in the Government’s report, in practice, inspectors spend most of their time performing office work, including for reasons related to the lack of means of transport. With regard to on-site inspections, 946 inspection visits were carried out throughout the country in 2017, more than half of which (491) in the informal economy, an average of nine visits per labour inspector in the inspection services and in regional directorates of labour and social legislation (DRTLS). With regard to material and financial resources, the General Directorate of Labour (DGT) has four vehicles, two of which are shared with the six inspection services of Lomé and the Lomé-Commune DRTLS. In the other five regions, the labour inspection services do not have vehicles at their disposal for the performance of their duties; consequently, the inspectors working there use their own means to carry out inspection visits. Furthermore, no measures are in place to reimburse their travel expenses. The inspection services have 45 functioning computers for 131 labour inspectors, an average of one computer for every three inspectors. They have no access to specialized documentation or measuring instruments. The Government emphasizes that the total budget allocated to labour inspection system services in 2017 was 37.52 per cent lower than in 2016. The Committee also notes that a strategic plan for labour inspection for the period 2018–22 has been developed. The Committee requests the Government to take specific measures, including within the framework of the strategic plan for labour inspection, to remedy the difficulties identified. In this respect, it requests the Government to take the necessary measures to ensure that the labour inspection services have at their disposal the material resources necessary to enable them to perform their duties effectively, including by allocating the necessary financial resources and transport facilities, and to provide information on any progress achieved in this regard. The Committee also requests the Government to provide information on the reasons for the reduction of the budget allocated to the labour inspection services from 2016 to 2017, and on the budget allocated in the following years. Lastly, the Committee requests the Government to take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, and to provide information on any progress achieved in this regard.

Article 5(a) of Convention No. 81 and Article 12(1) of Convention No. 129. Effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities. Cooperation with judicial bodies. In its previous comments, the Committee noted the lack of cooperation between the labour inspection services and the office of the Public Prosecutor, as represented by the Public Prosecutor of the Republic, and the Labour Court. The Committee notes the Government’s indication, in reply to its previous requests, that measures to ensure cooperation between the labour inspection services and judicial bodies are provided for in various sections of the Labour Code, including section 187 under which, in the event of a refusal to comply with the financial arrangement ordered by the labour inspector, a report is referred to the Public Prosecutor with a view to prosecution. It also notes that, according to the information contained in the report on the activities of the labour inspection system for 2017, only one prosecution report was prepared by the inspection services. The Committee requests the Government to provide information on the specific measures taken in practice to ensure cooperation between the labour inspection services and judicial bodies, as well as the results achieved in this regard, including the number of cases referred by the labour inspection services to the Public Prosecutor and the Labour Court.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Conditions concerning the recruitment and training of labour inspectors. The Committee notes the Government’s indication, in reply to its previous requests, that Togo no longer has labour controllers. Labour inspectors, after being recruited by a competitive process, receive initial and further training. The Committee also notes that, according to the information contained in the report on the activities of the labour inspection system for 2017, skills upgrading and capacity-building for labour inspectors are very infrequent. However, the Government indicates in the same report that the DGT is considering the development of a further training plan for labour inspectors. The Committee requests the Government to provide information on the measures taken to ensure that labour inspectors receive appropriate training for the performance of their duties, including the development and implementation of the training plan.

Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129. Powers and prerogatives of labour inspectors. In its previous comments, the Committee noted that, under section 188 of the Labour Code, inspectors are required to notify the head or deputy head of the enterprise or establishment at the start of the inspection, and that the latter may accompany them during the inspection. The Committee recalled that, in accordance with the above-mentioned Articles of Conventions Nos 81 and 129, labour inspectors are dispensed from this requirement if they consider that such notification may be prejudicial to the performance of the inspection.

The Committee notes that, according to the Government’s indication, the amendment to section 188(1) of the Labour Code is addressed in the draft of the new code currently being finalized. The Committee requests the Government to continue its efforts to bring its national legislation into conformity with the above-mentioned Articles of Conventions Nos 81 and 129 and to continue to provide information on any progress achieved in this regard.

Article 17 of Convention No. 129. Preventive control of new plant, new materials and new processes. In its previous comments, the Committee noted the absence of information on the adoption of the Order of the Minister of Labour, in application of section 206 of the Labour Code, which provides that any person proposing to start up an undertaking or establishment of any kind shall make a prior declaration to that effect to the competent labour inspector.

The Committee notes the information provided by the Government on the adoption of Order No. 022/MTESS/CAB/DGTLS of 30 July 2010, concerning measures for the application of section 206 of the Labour Code. The Order sets out the mandatory information required in the start-up declaration (section 3), as well as the cases in which a special declaration must be made (partial or complete cessation of activity, resumption of the activity of the undertaking or establishment, change of employer’s legal status, transfer of head office, change of activity, permanent closure of the undertaking or establishment) (section 4). The Committee takes note of this information.

Article 17 of Convention No. 81 and Article 22 of Convention No. 129. Action to be taken in the event of violations. The Committee noted previously that, under the terms of sections 186 and 187 of the Labour Code: (i) inspectors are empowered, following a formal notice procedure intended to allow the violation to be remedied, to issue reports of violations of the provisions of labour laws and regulations; and (ii) only in cases of extreme urgency may the inspector issue a report without prior notice.

The Committee notes the Government’s indication that inspectors are authorized to institute proceedings without prior formal notice only in cases of extreme urgency. The Committee recalls that Article 17 of Convention No. 81 and Article 22 of Convention No. 129 provide that, subject to certain exceptions, violations of the legal provisions enforceable by labour inspectors shall be subject to prompt legal or administrative proceedings without previous warning, and that it must be left to the discretion of labour inspectors to give warning or advice instead of instituting or recommending proceedings. The Committee requests the Government to take the necessary measures to ensure that persons who violate the legal provisions enforceable by labour inspectors are liable to prompt legal proceedings, without previous warning, and that it must be left to the discretion of labour inspectors to give warning or advice instead of instituting or recommending proceedings. It also requests the Government to provide information on cases considered extremely urgent.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Appropriate penalties and effective application. Further to its previous comments, the Committee notes that, according to the information contained in the report on the activities of the labour inspection system, in 2017 a total of 9,480 violations were detected by labour inspectors in the formal and informal economies. The most frequently reported violations related to medical examinations (10.86 per cent), personal protective equipment (10.79 per cent) and membership of the National Social Security Fund (9.35 per cent). The inspection services imposed penalties for the violations committed (674 letters of comments, 165 warnings, three financial arrangement orders and one prosecution report). No penalties relating to the closure of an establishment were imposed. The Committee requests the Government to continue to provide information on the violations observed during inspection visits and on the penalties imposed.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Annual reports on the work of the inspection services. The Committee notes with interest the report on the activities of the labour inspection system of 2017, annexed to the Government’s report. According to the information contained in the report, a data collection tool for the labour inspection system was introduced in 2014, with technical and financial support from the ILO. The report was thus prepared on the basis of the results obtained after three years of use of this tool on the ground. It also notes that the report for 2018 is being finalized. The Committee encourages the Government to continue its efforts to prepare and communicate an annual report on labour inspection, ensuring that it contains all elements listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81, 129 and 150 together.

Labour inspection: Conventions Nos 81 and 129

The Committee notes the information provided by the Government in reply to its previous request concerning the following Articles: Article 4(1) of Convention No. 81 and Article 7(1) of Convention No. 129 (placing of the labour inspection system under the supervision and control of a central authority); Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129 (collaboration between the officials of the labour inspectorate and employers and workers or their organizations); Article 8 of Convention No. 81 and Article 10 of Convention No. 129 (men and women inspection staff); Article 10 of Convention No. 81 and Article 14 of Convention No. 129 (number of labour inspectors and their geographical distribution); Article 13 of Convention No. 81 and Article 18 of Convention No. 129 (power of labour inspectors to issue compliance orders); Article 14 of Convention No. 81 and Article 19 of Convention No. 129 (notification to the labour inspectorate of industrial accidents and cases of occupational disease); and Article 15 of Convention No. 81 and Article 20 of Convention No. 129 (standards of conduct of labour inspectors).

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Functions of the labour inspection system. In its previous comments, the Committee noted that, in accordance with sections 183, 257 and 260 of the Labour Code, labour inspectors, in addition to their primary duties, are responsible for additional functions, including those of conciliation and arbitration in collective disputes. The Committee recalls the need to ensure that any further duties which may be entrusted to labour inspectors in addition to their primary duties (within the meaning of Conventions Nos 81 and 129, the primary duties are set out in the first paragraph of these Articles) are not such as to interfere with the effective discharge of the latter. The Committee requests the Government to provide information on the time and resources devoted by labour inspectors to their various duties, with a view to verifying that the additional duties entrusted to labour inspectors, particularly in relation to the settlement of disputes, are not such as to interfere with the effective discharge of their primary duties.

Article 5(a) of Convention No. 81 and Article 12(1) of Convention No. 129. Effective cooperation between the labour inspection services and other government services and public or private institutions engaged in similar activities. Cooperation with judicial bodies. In its previous comments, the Committee requested the Government to provide information on any measures adopted or envisaged to promote cooperation between the labour inspection services and other government services and public or private institutions engaged in similar activities. In this regard, the Committee notes the information provided by the Government that the labour inspection services cooperate with the National Social Security Fund. However, the Government emphasizes the lack of cooperation between the labour inspection services and the Office of the Public Prosecutor, as represented by the Public Prosecutor of the Republic, and the Labour Court. The Committee requests the Government to take measures to ensure cooperation between the labour inspection services and judicial bodies, and to provide information on any progress achieved in this regard.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of inspection personnel. In its previous comments, the Committee requested the Government to provide information on the measures adopted to provide labour inspectors and controllers (assistant inspectors) with a specific status. It notes the Government’s indication that the implementing decree envisaged in section 182 of the Labour Code to determine the specific status of labour inspectors has still not been adopted. However, the Government specifies that Act No. 002 of 2013 issuing the General Public Service Regulations in Togo and Decree No. 120 of 2015 determining the common procedures for its application apply to inspection personnel and assure them of stability of employment and make them independent of changes of government and of improper external influences.

Article 7 of Convention No. 81 and Article 9 of Convention 129. Conditions concerning the recruitment and training of labour inspectors. Further to its previous comments, the Committee notes the information provided by the Government concerning the recruitment and initial training of labour controllers, and the further training of inspectors, including on chemicals in agriculture. However, the Committee notes that the Government does not indicate whether controllers also benefit from further training. It requests the Government to provide information on this subject.

Article 11 of Convention No. 81 and Article 15 of Convention No. 129. Material resources and means of transport available to labour inspectors and the reimbursement of expenses necessary for the performance of their duties. In the absence of a reply by the Government on this subject, the Committee once again requests it to provide information on the material resources and means of transport available to labour inspectors, and the measures taken to reimburse their travel expenses.

Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129. Powers and prerogatives of labour inspectors. In its previous comment, the Committee noted that, under the terms of section 188(1) of the Labour Code, inspectors have to notify the head of the enterprise or establishment or her or his deputy at the start of the inspection, and that the latter may accompany them during the inspection. The Committee recalls that, in accordance with the above Articles of Conventions Nos 81 and 129, labour inspectors are dispensed with this requirement if they consider that such notification may be prejudicial to the performance of their control. The Committee once again requests the Government to take the necessary measures to allow labour inspectors to be dispensed with the requirement to notify the head of the enterprise or establishment at the start of the inspection if they consider that such notification may be prejudicial to the performance of their duties.

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Frequency of inspections and effectiveness of the system. The Committee notes the absence of specific information on this subject. It refers to paragraphs 256–260 of its 2006 General Survey on labour inspection, which contain information on the manner of giving effect in practice to these Articles. The Committee requests the Government to provide information on any measures adopted or envisaged to give effect to these provisions of the Conventions.

Article 17 of Convention No. 129. Preventive control of new plant, new materials and new processes. The Committee notes that the Government has not provided information in reply to its previous request concerning the implementation, by an order issued by the Minister of Labour, of section 206 of the Labour Code, which provides that any person who proposes to start up an undertaking or establishment of any nature shall make a prior declaration to that effect to the competent labour inspector. The Committee requests the Government to provide information on this subject.

Article 17 of Convention No. 81 and Article 22 of Convention No. 129. Action to be taken in the event of violations. The Committee noted previously that, under the terms of sections 186 and 187 of the Labour Code: (i) inspectors are empowered, following a warning procedure intended to allow the infringement to be remedied, to serve a compliance order in the event of violations of the provisions of labour laws and regulations; and (ii) only in cases of extreme urgency may the inspector issue a compliance order without prior warning. The Committee recalls that, in accordance with the above Articles of Conventions Nos 81 and 129, the cases in which the initiation of legal proceedings without prior warning must be possible should not be restricted to cases of extreme urgency. In particular, inspection personnel must be able to exercise discretion in distinguishing between serious or repeated wilful non-compliance, culpable negligence or flagrant ill will, which call for a penalty, and an involuntary or minor violation, which may lead to a mere warning (paragraph 282 of the 2006 General Survey on labour inspection). The Committee requests the Government to provide information on the measures adopted or envisaged to authorize inspectors to initiate proceedings without prior warning in cases other than those of extreme urgency.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate and effectively enforced penalties. In reply to its previous request on this subject, the Committee notes that the Government refers to Title X of the Labour Code, which establishes penalties for those responsible for violations of the provisions of the Labour Code. However, the Government does not provide information on the violations identified during inspections, and the penalties imposed in practice. The Committee requests the Government to provide information on this subject.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Annual reports on the work of the inspection services. In its previous comments, the Committee noted the Government’s indication that labour inspectors submit periodic reports of a general nature on the results of their work to the central inspection authority. It requested the Government to provide information on the manner in which the periodic reports are drawn up, the subjects covered and the frequency with which they are produced, and to provide copies of these reports. The Committee notes that the Government has not provided the information requested and that it has not communicated an annual activities report since the entry into force of the Convention The Committee once again requests the Government to provide information on this subject and to take the necessary measures to ensure that annual reports on labour inspection are communicated regularly to the ILO within the time limits set out in the above Articles and that they contain the information required by these Articles.

Labour administration: Convention No. 150

The Committee notes the information provided by the Government in reply to its previous request concerning Articles 4 (coordination of the functions and responsibilities of the labour administration system); 5 (consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers); 6 (preparation, administration, coordination, checking and review of the national labour policy by the competent bodies within the system of labour administration); and 10 (staff of the labour administration system).

Article 4 of the Convention. Coordination of the functions and responsibilities of the labour administration system. In its previous comments, the Committee requested the Government to provide information on the measures adopted in practice to ensure that the labour administration system operates effectively and that the functions assigned to it are properly coordinated. In this regard, the Committee notes that the Government refers to the following measures: Decree No. 006 of 2012 to organize the ministerial departments; Order No. 006 of 2013 on the organization of the Ministry of Labour, Employment and Social Security; and the institutional mechanism for the monitoring and evaluation of development policies.

Article 5. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. In its previous comments, the Committee requested the Government to provide a copy of the decrees determining the organization and functioning of the National Labour Council (CNT) and the Higher Council of the Public Service (CSFP), as set out in section 209 of the Labour Code. In this regard, the Committee notes that Act No. 002 of 2013 issuing the General Public Service Regulations of Togo and Decree No. 120 of 2015 on the common procedures for their implementation, contain provisions on the mission, terms of reference, composition, organization and operation of the CSFP. The Committee also notes the adoption of Order No. 031/MTESS/CAB/SG of 10 September 2014 appointing the members of the CNT. With regard to the activities of the CNT, the Committee refers to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 6. Preparation, administration, coordination, checking and review of the national labour policy by the competent bodies within the system of labour administration. With regard to the national labour policy, the Committee refers to its comments on the Employment Policy Convention, 1964 (No. 122).

Article 7. Progressive extension of the functions of the system of labour administration to certain categories of workers. In reply to its previous request concerning the procedures for the implementation of the Social Security Code in respect of self-employed workers (for all branches) and workers in the informal economy (in relation to pensions and family benefits), the Committee notes that the Government has not provided additional information. It therefore once again requests the Government to provide information on this subject.

Article 10. Staff of the labour administration system. With regard to the status, conditions of service and further training of labour administration staff, the Committee refers to its comments on the application of Articles 6 and 8 of Conventions Nos 81 and 129, respectively.

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

The Committee notes the Government’s first report, which was received on 1 September 2014.

It also refers the Government to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they are concerned with the application of the present Convention.

Technical assistance. The Committee notes the technical assistance provided by the ILO in the framework of the time-bound programme relating to international labour standards financed by the Special Programme Account (SPA), as established by the ILO Governing Body at its 310th Session (March 2011). It notes that, in this context, a workshop was held in Lomé from 2 to 6 September 2013 for the purpose of identifying gaps in the legislation and difficulties with respect to application in practice, in relation to the provisions of Convention No. 81, Convention No. 129, and the Labour Administration Convention, 1978 (No. 150), with a view to bringing national law and practice into conformity with these Conventions. The Committee asks the Government to refer to the Committee’s comments on Convention No. 81 in this respect.

Article 5(3) of the Convention. Extension of the labour inspection system to self-employed agricultural workers. The Committee requests that the Government indicate to what extent it has given effect, or proposes to give effect, to the provisions of the Convention as regards the extension of the labour inspection system in agriculture to one or more categories of persons referred to in Article 5(1), namely: (a) tenants who do not engage outside help, sharecroppers and similar categories of agricultural workers; (b) persons participating in a collective economic enterprise, such as members of a cooperative; and (c) members of the family of the operator of the undertaking, as defined by national laws or regulations.

Article 6(2). Labour inspection powers in agriculture. The Committee requests that the Government indicate whether national laws or regulations give labour inspectors in agriculture advisory or enforcement functions in relation to legal provisions relating to the living conditions of workers and their families, in accordance with this provision of the Convention.

Article 8(2). Labour inspection staff in agriculture. The Government is requested to indicate whether, and in what manner, officials or representatives of occupational organizations have been included in the labour inspection system. If so, the Committee asks the Government to provide details of their status, their conditions of service and the powers granted to them in the performance of their duties.

Article 9(3). Adequate training for labour inspectors in agriculture. The Committee notes the Government’s indication that, at the time of entry into service, inspectors must serve a one-year probationary period for training purposes, and steps are taken to provide labour inspectors with further training regarding the use of chemicals in agriculture. The Committee asks the Government to indicate whether, as required by this Article of the Convention, measures other than the requirement of a one-year probationary period are adopted to provide labour inspectors in agriculture with adequate initial training for the performance of their duties. It also requests the Government to supply details of further training for labour inspectors regarding the use of chemicals in agriculture, indicating the duration of the training, the subjects covered, the number of participants, the training body concerned, and also to indicate whether measures are contemplated to provide labour inspectors in agriculture with training relating in particular to controls on agricultural plant and machinery, the identification of occupational risks linked to machinery, and the means for reducing or eliminating such risks.

Article 17. Preventive control of new plant, new materials or substances and new methods. The Committee notes that, under section 206 of the Labour Code, any person who proposes to open an undertaking or establishment must make a prior declaration to that effect to the competent inspector of labour and social legislation. Failure to comply with this provision may result in the closure of the undertaking or establishment for a maximum period of one month. Orders issued by the Minister of Labour, subject to the prior opinion of the National Labour Council, establish the procedures and time limits for making this declaration. The Committee asks the Government to send copies of the orders adopted pursuant to this section of the Labour Code.

Article 19. Association of labour inspectors with inquiries into the causes of the most serious occupational accidents and occupational diseases. The Committee requests the Government to state whether measures have been taken or contemplated to associate labour inspectors in agriculture with on-the-spot inquiries into the causes of the most serious occupational accidents and occupational diseases, particularly of those affecting a number of workers or having fatal consequences. If so, the Government is asked to send copies of any related legal texts.

Articles 25, 26 and 27. Periodic reports and annual report. The Government indicates that periodic reports are drawn up but that no copies are available. The Committee asks the Government to provide information on the manner in which periodic reports are drawn up, the matters they cover and the intervals at which they are produced. It further requests the Government to ensure that an annual report on the work of the inspection services in agriculture, containing information on all the subjects listed in Article 27(a)–(g), is published and sent to the Office, either as a separate report or as part of its general annual report on labour inspection, within the time limits prescribed by Article 26 of the Convention.