Labour Inspection Convention, 1947 (No. 81) - Benin (Ratification: 2001)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 3(1) and (2) of the Convention. Primary duties of the labour inspectorate. Mediation. In reply to the Committee’s previous comments, the Government indicates in its report that mediation duties continue to occupy the greater part of the labour inspectors’ time, to the detriment of their primary duties. In this regard, the Committee notes that the Government envisages addressing this matter within the framework of the National Labour Policy currently under adoption. The Committee notes from the report on labour statistics, that the Government indicates that in 2020, a total of 1,669 complaints were registered, against 1,391 in 2019, amounting to an increase of 19.99 per cent. According to the Government, the large majority of these are individual complaints (75.43 per cent). Nevertheless, the number of collective complaints increased by 20.39 per cent, from 335 cases in 2019 to 410 in 2020. The Committee recalls once again that, under Article 3(2) of the Convention, where further duties are entrusted to labour inspectors, they must not interfere with the discharge of the primary duties. In its General Survey on Labour Inspection, 2006, the Committee recalled the importance of avoiding overburdening inspectorates with tasks, which by their nature may in certain countries be understood as incompatible with their primary function of enforcing legal provisions (paragraph 72). The Committee requests the Government to provide information on the manner in which it envisages addressing the question within the framework of the National Labour Policy and to provide details on any progress achieved in this respect. The Committee also requests the Government to continue to provide detailed information on the number of labour inspectors and the proportion of time and resources that they devote to mediation as compared with their primary functions.

Article 5(a). Effective cooperation between the labour inspection services and the judicial authorities. The Committee notes the Government’s indication that the question of cooperation between the labour inspection services and the judicial authorities has not evolved due to the absence of a formal concertation framework between the two public institutions. The Committee also notes that the Decent Work Country Programme (DWCP) 2022-2024 indicates an absence of coordination and synergy between the labour inspection services and the National Social Security Fund’s (CNSS) prevention of occupational hazards service, hampering effective prevention of industrial accidents. The Committee once again requests the Government to make all efforts to ensure that: (i) a formal framework is put in place to allow concertation between the labour inspection and the other services; and (ii) effective coordination between the labour inspection services and the CNSS prevention of occupational hazards service is established, with a view to improving the prevention and management of hazards and industrial accidents. The Committee notes the Government’s request for ILO technical assistance and expresses the hope that this assistance will be provided in the near future.

Article 7(3). Training of labour inspectors. The Committee notes the Government’s indication that 11 labour inspectors, who had been included in the staff training plan for 2013-2015, followed a second cycle training programme at the National School of Administration and the Judiciary (ENAM) and obtained the Labour Officers’ Diploma. It also notes, according to the staff training plan for 2015-2018, that four labour inspectors were selected to follow the same programme, but due to staff shortages the second cycle of the Labour Administration and Social Security Branch (ATTS) of the ENAM was unable to open to continue training labour inspectors. In this regard, the Committee notes the Government’s request for ILO technical assistance to draw up a continuous training plan for Benin’s labour inspectors. The Committee also notes the Government’s indication that each year two labour inspectors take part in a complementary practical training course provided by the African Regional Labour Administration Centre (CRADAT) at Yaoundé in Cameroon. The Committee also notes that according to the DWCP 2022-2024, the inspectors’ lack of specialization in occupational safety and health is resulting in ineffective monitoring, leading to an increased number of industrial accidents. The Committee requests the Government to continue its efforts in the formulation of a continuous training plan for labour inspectors including training in occupational safety and health. The Committee notes the Government’s request for ILO technical assistance and expresses the hope that this assistance will be provided in the near future.

Article 10, 11 and 16. Material means for the labour inspectorate, including transport facilities. The Committee notes with interest the progress indicated by the Government in improving the working conditions of labour inspectors, including: (i) the creation in 2020 of six new departmental labour directorates, meaning that currently each of the 12 departments in the country has a regional labour directorate at its disposal; (ii) the relocation of the General Labour Directorate to a new site in 2020, providing better working conditions for staff; (iii) the provision of a vehicle for inspection visits in each departmental labour directorate; (iv) the provision of individual personal protective equipment for the inspection services in 2021; and (vi) the project to recruit labour administration staff. The Committee also notes that the staff of the labour inspection service at present includes 23 labour controllers, 16 administrators, 27 inspectors and one occupational doctor. The Committee requests the Government to continue to provide information on the progress achieved in improving the material means placed at the disposal of inspectors to allow them to discharge their duties effectively. The Committee also requests the Government to provide information on the progress achieved in the implementation of the project to recruit labour administration staff, including labour inspectors.

Articles 17 and 18. Legal proceedings and penalties for violations of the labour legislation.Noting the absence of information in this respect, the Committee requests the Government to provide information on the measures envisaged to ensure that labour inspectors have the discretion to give warning or advice, or to institute or recommend proceedings.

Articles 20 and 21. Inspection reports. The Committee notes with interest the publication by the Ministry of Labour and Public Service of annual reports on labour statistics since 2017, which contain: (i) statistics on the staff of the labour inspection service (Article 21(b)); and (ii) statistics of inspection visits (Article 21(d)). The Committee also notes the Government’s indication that a national register of workplaces is foreseen for 2023. The Committee encourages the Government to continue its efforts to: (i) guarantee the publication of an annual report on the activities of the labour administration; (ii) take steps to ensure that the report contains all the information envisaged under Article 21 of the Convention; and (iii) ensure that the report is transmitted to the Office in the form and within the time limits provided under Article 20. The Committee also requests the Government to provide information on the progress achieved in establishing the register of workplaces.

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

Article 3(1) and (2) of the Convention. Primary duties of the labour inspectorate. Mediation. In its previous comments, the Committee noted that the labour inspectorate was responsible for mediation tasks during labour disputes. In this regard, the Committee notes the Government’s indication in its report that mediation tasks occupy most of the time for labour inspectors. The Committee recalls once again that, under Article 3(2), where further duties are entrusted to labour inspectors, they must not interfere with the discharge of their primary duties or prejudice in any way the authority and impartiality that inspectors need in their relations with employers and workers. The Committee requests the Government to supply detailed information on the number of labour inspectors and the proportion of time and resources that they devote to mediation by comparison with their primary duties. It also requests the Government to ensure that this function does not interfere with their primary duties, including by considering the possibility of assigning this function to another body.

Article 5(a). Effective cooperation between the labour inspection services and the judicial authorities. In its previous comments, the Committee noted that the Government planned to hold meetings with the judicial authorities. The Committee notes that the Government refers once again to the meetings but does not provide any information on this matter or on other activities carried out to strengthen effective cooperation between the inspection services and the judicial authorities. The Committee wishes to remind the Government of the importance of this cooperation to ensure the effectiveness of enforcement of the legislation undertaken by labour inspectors, and in this respect draws the Government’s attention to its general observation of 2007. The Committee requests the Government once again to supply information on activities and meetings undertaken or planned to strengthen cooperation between the inspection services and the judicial authorities.

Article 7(3). Training of labour inspectors. Referring to its previous comments, in which it asked the Government to continue providing information on training activities for labour inspectors, the Committee welcomes the fact that, according to the excerpt of the staff training plan for 2013–15 attached to the Government’s report, a total of 11 inspectors followed training courses leading to qualifications at the National School of Administration and the Judiciary (ENAM). The Committee encourages the Government to pursue its training efforts and requests it to continue providing information on training activities for labour inspectors, stating the number of participants and the length and content of the training courses.

Articles 10, 11 and 16. Material resources for the labour inspectorate, including transport facilities. Referring to its previous request concerning the material resources and transport facilities available to labour inspectors, the Committee notes the Government’s indication that inspectors have the use of premises which are accessible to all but that initiatives for the building of infrastructure (namely, inspection service headquarters) need to be accelerated. The Government also indicates that vehicles are made available to inspectors for the purpose of inspections and their meal costs are covered. However, the lack of transport resources and the age of the vehicle fleet are an obstacle to the efficient performance of their inspections. While noting the difficulties faced by the labour inspectorate, the Committee requests the Government to make every possible effort to improve the material resources made available to inspectors so that they are able to perform their duties effectively. It also requests the Government to provide detailed information on the action taken in this respect.

Articles 10, 20 and 21. Register of workplaces and enterprises for determining the appropriate number of inspectors and drawing up the annual inspection report. In its previous comments, the Committee asked the Government to report on progress made regarding the establishment of a register of workplaces and enterprises to which it had referred previously. The Committee notes with regret that no information has been sent on this matter. Referring to its general observation of 2009, the Committee wishes to recall that such a register would be very useful for determining the number of inspectors needed to ensure the effective discharge of the duties of the labour inspectorate and also for preparing the annual inspection report. The Committee strongly encourages the Government to take the necessary steps to establish a register of workplaces and enterprises liable to inspection and requests it to provide information on progress made in this regard.

Articles 17 and 18. Legal proceedings and penalties for violations of the labour legislation. In its previous comments, the Committee noted that labour inspectors are empowered, under section 271 of the Labour Code, to prosecute any persons who infringe the labour legislation and regulations but that they do not exercise this power in practice as employers react positively when notified of infringements. It asked the Government to clarify whether it is left to the discretion of inspectors, in the course of their duties, to give warnings or advice instead of instituting or recommending proceedings. It notes the Government’s indication that compliance orders are issued further to infringements recorded during inspections and that there are still no statistics on this matter. The Committee wishes to recall in this regard that, firstly, it must be left to the discretion of inspectors to give warnings or advice, to issue a compliance order or to institute or recommend proceedings and, secondly, when compliance notices have no effect, proceedings must be instituted to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers. The Committee requests the Government to provide further information on the measures taken or contemplated to ensure that labour inspectors have this discretion, in law and in practice. It also requests the Government to take the necessary steps to ensure the production of statistics on reported infringements and to send a copy of them once they are available.

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

Articles 20 and 21 of the Convention. Publication and communication of an annual inspection report. The Committee notes with regret that no annual inspection report has been prepared or communicated to the ILO since the ratification of the Convention in 2001. However, it welcomes the information supplied by the Government in its report to the effect that periodic activity reports are drawn up by the departmental labour directorates and by the Directorate-General for Labour. It therefore considers that data for the preparation of annual inspection reports should already be available. The Committee also notes that the Government has requested technical assistance from the ILO with regard to the preparation of these annual reports. The Committee urges the Government to take all possible measures with the requested ILO normal technical assistance, to ensure that annual labour inspection reports are published and sent to the ILO in the very near future.

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

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

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

Articles 2, 3(1) and (2), 10, 11 and 16 of the Convention. Coverage of the labour inspection system and the human, financial and material resources of the labour inspection services. The Committee notes with interest the Government’s indication that 20 labour inspectors and 25 labour controllers were recruited during the course of 2012. However, it notes that the difficulties in the application of the Convention referred to by the Government include the insufficiency of inspection staff, the lack of familiarity of inspectors with legal texts and the lack of knowledge of such texts among the social partners.

The Committee refers to the information provided by the Government in its 2011 report, according to which labour inspectors and controllers are entrusted with both inspection assignments and mediation in labour disputes between employers and workers. The Committee reminds the Government of the primary functions of labour inspectors under Article 3(1) of the Convention (enforcement of the legal provisions relating to conditions of work and the protection of workers and advice to employers and workers) and of the guidelines of Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), under the terms of which “The functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee asks the Government to provide information on the time and resources of inspection services spent on mediation in relation to their primary duties as defined in Article 3(1) of the Convention. The Committee hopes that the Government will take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, the duties other than their principal functions entrusted to inspectors do not constitute an obstacle to the discharge of their principal functions and do not prejudice in any way the necessary authority of inspectors in their relations with employers and workers. It requests the Government to provide full particulars in its next report on the measures taken or envisaged in this regard.

The Committee also notes that, according to the Government, the staff of the labour inspection services carried out 185 inspections in 2011 and that the central directorate and the departmental directorates of the Ministry of Labour and the Public Service set the objective for 2011 of carrying out inspections in construction enterprises, hotels, industrial and commercial enterprises, banks, the companies of the Global System for Mobile Communications (GSM) and artisanal workshops. It also notes that the Government has not provided information on the progress made in the establishment of a register of workplaces and enterprises, to which reference was made in its previous report. With reference to its general observation of 2009, the Committee wishes to recall the importance of keeping registers of workplaces and enterprises liable to inspection which contain data on the number and categories of workers employed therein. The Committee therefore requests the Government to continue providing information on any progress achieved in relation to the establishment of a register of workplaces and enterprises. It also requests it to provide detailed information in its next report on the material resources (offices, equipment) and transport facilities available to labour inspection staff for the discharge of their functions, their geographical distribution, and any measures taken for the reimbursement to labour inspectors of any travel costs and incidental expenses necessary for the exercise of their functions, in accordance with Article 11 of the Convention.

Articles 5(a), 17 and 18. Effective cooperation between the labour inspection services and judicial bodies. Legal proceedings and sanctions for violations of the labour legislation. The Committee notes the Government’s indication that it intends to organize meetings to reinforce cooperation between the labour inspection services and judicial bodies. It also notes that, for the discharge of their supervisory functions, a methodological guide is available to labour inspectors and that violation notices are issued when violations are identified. The Committee requests the Government to continue providing information on the meetings with judicial bodies that are planned or have been held, and on any other measure taken to reinforce cooperation between the labour inspection services and judicial bodies, and their impact on the application of the Convention.

The Committee also once again requests the Government to indicate whether, in accordance with Article 17(2) of the Convention, it is left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings when they identify a violation of the legal provisions which are enforceable by them. Please provide copies of violation reports indicating the measures ordered by labour inspectors, as well as detailed statistics on the violations reported and the sanctions imposed.

Article 7(3). Training of labour inspectors. The Committee notes with interest the Government’s indication that two types of training for labour inspectors, one covering the prevention and analysis of occupational risks related to cotton production, and the other on the evaluation of occupational risks in cotton processing factories, have been implemented by the Ministry of Labour and the Public Service with the support of the International Public Interest Group (GIP-INTER). The Government adds that the Ministry of Labour has obtained support from UNICEF Benin for the implementation in August 2012 of training for labour inspectors intended to reinforce their capacity to intervene in formal and informal enterprises to combat child labour. It further notes that a new triennial training plan covering the period 2013–15 was being prepared in September 2012 and that labour inspectors receive further training courses each year from the African Regional Labour Administration Centre (ARLAC). The Committee would be grateful if the Government would continue providing information on the training activities for labour inspectors (for example, the duration, number of participants and subjects covered), and their impact on the application of the Convention. It also requests the Government to provide the Office with a copy of the triennial plan (2013–15) for the training of labour inspectors.

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

Articles 20 and 21 of the Convention. Publication and communication of an annual labour inspection report. The Committee notes that no annual labour inspection report has been provided since the ratification of the Convention in 2001. The Committee requests the Government to ensure that measures are taken rapidly to ensure that the central inspection authority complies with the requirement to publish and communicate an annual inspection report in the form and within the time frame set out in Article 20, containing information on each of the subjects referred to in Article 21. The Committee recalls that the Government can have recourse to the technical assistance of the Office, if it so wishes.

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

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

Articles 2, 3, 10 and 16 of the Convention. Coverage of the labour inspection system. Functions of the labour inspection services and workplace inspections. The Committee notes the information provided by the Government according to which labour inspection staff carry out a steadily decreasing number of workplace inspections due to the inadequacy of the staff and of material and financial resources. The Government adds that, in view of these inadequacies, the same officials (labour controllers and inspectors) are responsible for both inspection duties and mediation in the event of disputes between employers and workers. The Government also indicates that it envisages recruiting personnel and improving the material and financial resources of the labour inspection services as soon as possible.

The Committee draws the Government’s attention to Article 10 of the Convention, under which the number of labour inspectors shall be sufficient to secure the effective discharge of the duties of the inspectorate. The Committee also recalls that, in accordance with Article 16, workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Committee would therefore be grateful if the Government would provide the ILO with detailed statistical data on the number of inspections carried out by the staff of the inspectorate and on any other measures adopted or envisaged for the preparation of annual inspection plans at both the national and local levels, with the determination of objectives (legal fields, sectors, etc.) and the necessary resources. The Committee would also be grateful if the Government would indicate the measures taken, where appropriate, at the national level and in the context of international financial cooperation to obtain resources for this purpose, and their outcome.

The Committee would also be grateful if the Government would indicate the proportion of the mediation activities discharged by the labour inspectorate in comparison with inspections, advice and activities contributing to the improvement of legislation, as envisaged in Article 3(1) of the Convention.

The Committee recalls that, in its previous comments, it noted the measures announced by the Government for the establishment of a register of workplaces and enterprises (the redeployment of personnel and the mobilization of resources for the compilation of statistical data). It recalls that, under the terms of Article 10, the number of labour inspectors shall be determined with due regard, among other matters, for the number, nature and situation of the workplaces liable to inspection. The Committee would be grateful if the Government would keep it informed of any progress achieved in relation to the establishment of a register of workplaces and enterprises as an essential basis for evaluating the needs of the labour inspectorate in terms of financial and human resources and the formulation of an inspection plan.

Articles 5(a), 17(1) and (2) and 18. Effective cooperation between the labour inspection services and judicial bodies. Legal proceedings and sanctions for violations of the labour legislation. The Committee notes that according to the Government, two meetings for the exchange of information between magistrates and labour inspectors have been held with a view to encouraging the two actors to work in synergy to improve the effectiveness of administrative action. The Government is planning the organization of an evaluation workshop with the technical support of the ILO, which should bring together labour inspectors, magistrates and workers’ and employers’ organizations. The Committee would be grateful if the Government would keep the ILO informed of any activities intended to strengthen the effective cooperation between the labour inspection services and judicial bodies, and to support collaboration with workers’ and employers’ organizations.

The Government adds that labour inspectors are empowered to directly prosecute any perpetrators of violations of the labour legislation and regulations (section 271 of the Labour Code), but that they do not exercise this power as employers react positively when shortcomings are reported. The Committee would be grateful if the Government would provide it with copies of the instructions issued for labour inspectors on inspection methods and the measures to be taken during inspections (warnings, advice, prosecutions, etc.), as well as more detailed statistical data on the number of violations reported during inspections, cases of progress (in which employers react positively to warnings), legal proceedings initiated in the courts, and the number and nature of the sanctions applied by the courts.

Article 7(3). Training of labour inspectors. The Committee notes that, with the cooperation of the new International Public Interest Group (GIP-INTER) of France, the Government has organized two training modules for labour inspectors on occupational risks in the agricultural, industry (metallurgy, food processing), construction and public work sectors. Nevertheless, the Government indicates that it was not possible to carry out the triennial training plan due to the lack of financial resources. The Committee would be grateful if the Government would continue making efforts, including in the framework of international cooperation, to ensure the training and further training of inspection staff, particularly through the formulation of a new triennial training plan, and it requests it to keep the ILO informed of any developments in this respect, including in relation to the content and methodology of the various types of training.

Articles 19, 20 and 21. Periodic reports and annual report on the work of the labour inspection services. The Committee notes once again that the annual report on the work of the labour inspection services has not been received. In its report, the Government reiterates its will to improve the organization of inspections and the compilation of statistical data, with ILO support. The Committee draws the Government’s attention to its general observation of 2010 on the importance of the publication of the annual inspection report, and wishes to emphasize that such reports provide an essential basis for evaluating the functioning in practice of the labour inspection services and therefore for determining the necessary means for improving their effectiveness. Detailed annual reports are indispensable for the assessment of needs in terms of human and financial resources and the logistical means to be mobilized with a view to achieving the important social objectives of labour inspection. The Committee draws the Government’s attention to the valuable guidance provided in Paragraph 9 of Recommendation No. 81 on the manner in which the required information should be presented in the annual report. In its previous comments, the Committee also emphasized that an annual report first requires the preparation of periodic reports by labour inspectors or local inspection offices, as envisaged in Article 19 of the Convention. The Committee requests the Government to indicate all the measures adopted or envisaged to ensure the preparation of regular reports by inspectors, the compilation of statistical data and the publication within the respective time limits of an annual report, as required by Articles 19 and 20, and the inclusion in this report of the detailed information required in clauses (a) to (g) of Article 21.

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

The Committee notes the Government’s report which provides only partial replies to its previous comments. The Committee also refers to its comments under the Labour Administration Convention, 1978 (No. 150), in which it notes the analysis carried out by the Ministry of Labour and the Public Service (MTFP) of the situation and future of the labour administration, as well as the proposals made in this context concerning its budgetary and human resources (number of staff, qualifications, training, career plan, etc.) and the organization of its services. The Committee requests the Government to keep the ILO informed of any developments relating to the organization and operation of the labour inspectorate during the period covered by the next report, including any steps taken to obtain any international financial assistance required.

It would be grateful if the Government would also provide information on the impact of the measures expected further to its previous direct request which read as follows:

Articles 2 and 3(1) and (2) and Article 16 of the Convention. Coverage of the labour inspection system. Functions of the labour inspection system and visits to establishments. The Committee notes the adoption, on 28 January 2008, of Order No. 77/MTFP/DC/SGM/SA concerning the responsibilities, organization and functioning of the departmental labour and public service directorates. According to this Order, the departmental labour inspection services are responsible for supervising the application of labour legislation, and the departmental mediation and industrial relation services are competent in matters of conciliation. In its previous comments, the Committee had drawn the Government’s attention to the time devoted to resolving industrial disputes at the expense of carrying out its supervisory duties. From the information provided by the Government in 2008, it appears that the number of inspection visits has been declining constantly since 2004; it decreased from 245 for the first six months of 2004 to 181 for the year 2005, then dropped to 138 in 2007. The Committee requests the Government to indicate why the labour inspectors are carrying out fewer and fewer inspection visits. It would be grateful if the Government could also give, for each departmental labour directorate, the number of supervisors and inspectors assigned to the inspection services and the number of inspectors and supervisors assigned to mediation and industrial relations, specifying whether the same officials are carrying out inspection and conciliation duties at the same time. The Government is also asked to specify the measures taken or envisaged to enable labour inspectors and supervisors to carry out their inspection duties effectively, as defined in the Convention, by conducting inspection visits in the establishments under their control as often and as thoroughly as necessary.

Articles 5(a), 17(1) (2) and Article 18. Effective cooperation between the labour inspection services and the judicial bodies. Legal proceedings and penalties for violations of the labour legislation. The Committee notes that two labour workshops on relations between the labour administration and labour courts were organized in 2008, which were attended by judges and labour inspectors. Noting the Government’s determination to increase this type of contact between judges and labour inspectors, the Committee requests the Government to provide information on the impact of these workshops on the practices of labour inspectors, on the one hand, and on the handling of files submitted to the courts, on the other.

The Committee notes that section 271 of the Labour Code authorizes labour inspectors to initiate legal proceedings directly against persons responsible for violations of labour legislation and regulations. It would seem, however, that, from the information provided by the Government in 2008, violations to labour legislation noted by the labour inspectors – such as the absence of a declaration to the social security fund, the violation of provisions relating to working time or occupational safety and health obligations, or the lack of an employer’s register – only resulted in enforcement notices being sent to the employers. The Committee recalls that, although Article 17(2) leaves it to the discretion of the labour inspectors to decide on their course of action if they note a violation, they must institute proceedings if the enforcement notices have no effect; indeed, it is the only way of ensuring respect for legal provisions concerning labour conditions and worker protection. The Committee therefore requests the Government to take measures to ensure that labour inspectors exercise their authority to prompt proceedings against employers who either ignore orders and advice or continue to neglect their obligations with respect to working conditions and labour protection. It hopes that such measures will be introduced quickly and that information on legal proceedings and the application of appropriate penalties will soon be provided to the ILO.

Article 7(3). Training of labour inspectors. In its previous report received in 2006, the Government raised the possibility of introducing, in the context of a partnership with France, a training of instructors on occupational hazards; it added that a three-year training plan (2007–09) of officials from the Ministry of Labour and the Public Service, including staff from the labour inspection services, was being formulated. The Committee requests the Government to provide information on the content of these projects for the training of labour inspectors, as well as on any other training programmes available to labour inspectors and supervisors when they take up their jobs or in the course of their employment.

Furthermore, the Committee draws the Government’s attention to the following matter.

Articles 19, 20 and 21. Periodic reports and annual report on the work of the labour inspection services. The Committee notes that the annual report on the work of the labour inspectorate for the period covered by the report has not been received. It notes that despite the difficulties faced in establishing a register of workplaces and enterprises, the Government announces measures to establish such register (redeployment of staff and mobilization of resources to collect statistical data). The Government also refers to a meeting held on 17–18 August 2010 in which various actors from the world of work participated in order to establish an exchange of information on their respective roles in implementing the ratified Conventions. The Committee emphasizes that an annual report as required by the Convention requires first of all the preparation of periodic reports by labour inspectors or local inspection offices in accordance with Article 19 of the Convention which contain useful information and on the basis of which the central authority is able to prepare the annual report. Furthermore, the report should be published within the time limits laid down in Article 20 of the Convention. The central authority will find useful guidance on the manner in which the information required may be presented in Part IV of the Labour Inspection Recommendation, 1947 (No. 81). The Government is requested to keep the Office informed of the measures taken to give full effect to Articles 20 and 21 of the Convention. It also encourages it to formalize its request for technical assistance from the ILO expressed in its report.

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

Article 2 and 3, paragraphs 1 and 2, and Article 16 of the Convention. Coverage of the labour inspection system. Functions of the labour inspection system and visits to establishments. The Committee notes the adoption, on 28 January 2008, of Order No. 77/MTFP/DC/SGM/SA concerning the responsibilities, organization and functioning of the departmental labour and public service directorates. According to this Order, the departmental labour inspection services are responsible for supervising the application of labour legislation, and the departmental mediation and industrial relation services are competent in matters of conciliation. In its previous comments, the Committee had drawn the Government’s attention to the time devoted to resolving industrial disputes at the expense of carrying out its supervisory duties. From the information provided by the Government in 2008, it appears that the number of inspection visits has been declining constantly since 2004; it decreased from 245 for the first six months of 2004 to 181 for the year 2005, then dropped to 138 in 2007. The Committee requests the Government to indicate why the labour inspectors are carrying out fewer and fewer inspection visits. It would be grateful if the Government could also give, for each departmental labour directorate, the number of supervisors and inspectors assigned to the inspection services and the number of inspectors and supervisors assigned to mediation and industrial relations, specifying whether the same officials are carrying out inspection and conciliation duties at the same time. The Government is also asked to specify the measures taken or envisaged to enable labour inspectors and supervisors to carry out their inspection duties effectively, as defined in the Convention, by conducting inspection visits in the establishments under their control as often and as thoroughly as necessary.

Articles 5(a), 17, paragraphs 1 and 2, and 18. Effective cooperation between the labour inspection services and the judicial bodies. Legal proceedings and penalties for violations of the labour legislation. The Committee notes that two labour workshops on relations between the labour administration and labour courts were organized in 2008, which were attended by judges and labour inspectors. Noting the Government’s determination to increase this type of contact between judges and labour inspectors, the Committee requests the Government to provide information on the impact of these workshops on the practices of labour inspectors, on the one hand, and on the handling of files submitted to the courts, on the other.

The Committee notes that section 271 of the Labour Code authorizes labour inspectors to initiate legal proceedings directly against persons responsible for violations of labour legislation and regulations. It would seem, however, that, from the information provided by the Government in 2008, violations to labour legislation noted by the labour inspectors – such as the absence of a declaration to the social security fund, the violation of provisions relating to working time or occupational safety and health obligations, or the lack of an employer’s register – only resulted in enforcement notices being sent to the employers. The Committee recalls that, although Article 17, paragraph 2, leaves it to the discretion of the labour inspectors to decide on their course of action if they note a violation, they must institute proceedings if the enforcement notices have no effect; indeed, it is the only way of ensuring respect for legal provisions concerning labour conditions and worker protection. The Committee therefore requests the Government to take measures to ensure that labour inspectors exercise their authority to prompt proceedings against employers who either ignore orders and advice or continue to neglect their obligations with respect to working conditions and labour protection. It hopes that such measures will be introduced quickly and that information on legal proceedings and the application of appropriate penalties will soon be provided to the ILO.

Article 7, paragraph 3. Training of labour inspectors. In its previous report received in 2006, the Government raised the possibility of introducing, in the context of a partnership with France, a training of instructors on occupational hazards; it added that a three-year training plan (2007–09) of officials from the Ministry of Labour and the Public Service, including staff from the labour inspection services, was being formulated. The Committee requests the Government to provide information on the content of these projects for the training of labour inspectors, as well as on any other training programmes available to labour inspectors and supervisors when they take up their jobs or in the course of their employment.

Articles 19, 20, and 21. Periodical reports and annual report on the activities of the labour inspection services. Referring to its previous comments, the Committee notes with interest that the Government provided, in its report, information on the number of staff of the labour inspection services, the number of workplaces liable to inspection and the number of workers employed there, the number of inspection visits carried out and the types of violations recorded. While noting that the Government states its awareness of the inadequacy of the statistical data submitted and refers to the difficulty of introducing an information system on labour statistics, the Committee recalls that the annual report on the activities of the inspection services, containing the information listed in Article 21, is a vital tool for evaluating the efficiency of the inspection service and identifying the necessary ways of improving it, especially by making the appropriate budgetary provisions. With a view to publishing such a report, the Committee encourages the Government to ensure, in an initial period, that labour inspectors draw up periodical inspection reports as provided under Article 19, at the level of the departmental labour directorates. It hopes that, on the basis of these reports, the central authority will soon be able to publish an annual report. It also hopes that the Government will ensure, with ILO technical assistance which it intends requesting, that the central authority should follow as closely as possible the guidelines laid down in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), to draw up the annual inspection report. The Government is requested to keep the Office informed of the measures taken for this purpose and the official steps taken to obtain ILO technical assistance.

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

The Committee notes with interest the information provided by the Government in its report on the quantitative and qualitative strengthening of labour inspection staff, the improvement of inspection offices and the progressive increase in the budgets allocated to inspection in recent years.

Evaluation and improvement of the coverage of the inspection services in practice. The Committee notes that despite the progress mentioned above, according to the Government, only 181 inspections of workplaces were carried out in 2005, or an average of three inspections by each of the 59 inspection officers. On the other hand, inspectors intervened as mediators to resolve around 2,500 industrial disputes, or an average of 42 mediations by each inspection officer. In the Committee’s opinion, the time devoted to resolving industrial disputes by labour inspectors obviously interferes with the effective discharge of their primary duty of supervision. A reorientation of inspection activities towards supervising conditions of work should lead to a reduction in industrial disputes. Given that no information is available on the number of workplaces liable to inspection and the number of workers employed therein (Article 21, paragraph (c) of the Convention), it is impossible to make any assessment of the effective coverage by labour inspectors and supervisors in relation to the extent of needs with regard to enforcing the legal provisions relating to conditions of work (Article 3, paragraph 1(a)). These basic data are essential in this regard, as are statistics of inspection visits, violations committed and penalties imposed, industrial accidents and occupational diseases (Article 21(d), (e), (f) and (g)). Reminding the Government of its previous comments under Articles 20 and 21 on the usefulness of an annual inspection report, and referring also to paragraphs 331 to 333 of its 2006 General Survey on labour inspection, the Committee is therefore bound to encourage the Government once more to ensure that the central labour inspection authority publishes such a report, the content of which should be based, as far as possible, on the indications provided by Part IV of the Labour Inspection Recommendation, 1947 (No. 81), and to provide a copy to the ILO.

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

Also referring to its observation under this Convention, the Committee notes the information sent by the Government in response to its previous comments and the documentation attached thereto. It notes in particular the activity reports of the Mono, Zou and Collines departmental public service and labour directorates for the first quarter of 2004; the activity report of the Ouémé and plateau departmental directorates for February 2004 and Decree No. 2000-644 of 29 December 2000 setting expenses for missions carried out inside the country. It would be grateful if the Government will provide copies of Decrees Nos. 85-375 of 11 December 1985 and 2000-369 of 22 August 2000 establishing the duties, organization and working of the Ministry of the Public Service, Labour and Administrative Reform, and any other legal texts (laws, decrees, orders, circulars, regulations, instructions, etc.) on labour inspection.

Article 4 of the Convention. The Committee would be grateful if the Government would provide a copy of the organization chart of the Labour Inspectorate for the whole of the country.

Articles 6 and 10. The Committee notes that the activity report of the Zou and Collines departmental directorate shows that the labour administration staff is dwindling. It further notes with concern that, according to the Government, the lack of human resources in the labour inspection services is due to the fact that managerial staff from the labour administration are moving to other bodies, where they hope to find better working conditions. While noting that the Government’s statement that it has endeavoured to keep these employees in their posts and for that purpose plans to grant a bonus periodically to public employees in the labour administration, the Committee would like to remind the Government that, as it stressed in paragraph 144 of its General Survey of 1985 on labour inspection, although security of tenure in a permanent administration is the prime guarantee of the independence of labour inspection staff, the efficiency of the inspection service demands levels of remuneration and career prospects that are sufficient to attract and retain high-quality personnel and to safeguard them from any undue influence. The Committee accordingly requests the Government to take all appropriate steps to improve the working conditions of labour inspectors and to strengthen the inspectorate staff, and to report on progress made in this regard.

Article 7, paragraph 3. With reference to its previous comments, the Committee notes with interest that between 1998 and 2003, 24 labour inspectors and 24 labour controllers received continuous vocational training as part of the cooperation provided by the ILO. Noting, however, that the activity report of the Mono departmental directorate shows a lack of technical personnel and of retraining for unskilled personnel, the Committee hopes that the Government will be in a position in its next report to provide information on measures to ensure that inspectorate staff receive periodical training of a kind enabling them to carry out their duties effectively.

Articles 11, paragraph 1, and 16. The Committee notes that in the activity reports of the Mono and Zou departmental public service and labour directorates, mentioned above, the main obstacles to their operation are: lack of suitable premises; insufficient budgetary appropriations for operations and inadequate equipment maintenance funds; heavy dependence on the ministry for some categories of expenditure; no working capital fund; insufficient fuel and no mission expenses for technical staff. Stressing, as it did in paragraph 214 of the abovementioned General Survey, the economic and social value of labour inspection and the social cost of reducing its effectiveness, the Committee points out to the Government that when the national budget is drawn up, the priority assigned to the inspectorate should be commensurate with the objective set for it. It accordingly requests the Government to make available to the inspectorate the financial and material resources it needs to perform its duties effectively, and to provide relevant information.

Article 11, paragraph 2. While noting that Decree No. 2000-644 of 29 December 2000 on domestic mission expenses, the Committee reminds the Government that it is important to have a mechanism for reviewing such expenses to ensure that their value is maintained. It would be grateful if the Government would provide information on any measures taken or envisaged in this respect.

Article 18. The Committee requests the Government to indicate whether measures have been taken to ensure that pecuniary sanctions are kept sufficiently dissuasive regardless of monetary fluctuations, by reviewing their amounts. The Government is therefore requested to provide copies of any relevant texts, and if there are none, to take measures in this respect and inform the Office of them.

Articles 19, 20 and 21. While noting the abovementioned reports of the departmental directorates of the Ministry of the Public Service, Labour and Administrative Reform, the Committee reminds the Government that it is important, in order to achieve the Convention’s objectives, for an annual inspection report to the published, containing information on the subjects listed in (a) to (g) of Article 21, based on the guidelines in Part IV of the Labour Inspection Recommendation, 1947 (No. 81). At national level, access to such document allows all those concerned, particularly employers and workers or their organizations, to find out about the working of the inspection services and the difficulties inspectors may encounter in carrying out their duties, and to elicit their reactions with a view to making any necessary improvements. Furthermore, the purpose of submission of such reports to the Office within the prescribed time limit is to allow the supervisory bodies to ascertain the extent to which the Convention is applied and provide governments with useful guidelines and advice for improvement. The Committee would be grateful if the Government would take all necessary steps to ensure that the central inspection authority discharges its obligation to submit a report, the form and content of which are prescribed in Articles 20 and 21, and in its next report to provide information on any progress made in this respect and on any difficulties encountered.

Labour inspection and child labour. While noting that the Government ratified in 2001 the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), and referring to the general observation it addressed to Members bound by this Convention and by the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee would be grateful if the Government would provide specific information on the role of the inspection services in combating child labour, including under the IPEC programme, and ensure that statistics of child labour in industry and commerce are regularly included in future annual inspection reports.

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

The Committee notes with satisfaction from information available at the Office that thanks to technical assistance programme implemented following an institutional diagnosis of the labour administration system, a register of enterprises is now kept in every departmental branch of the labour inspectorate. In the Committee’s view, becoming acquainted with the extent of needs is a decisive step towards the effective working of the inspection services and an evaluation of the extent to which the relevant legislation is applied. It observes in this connection that data on the number of workplaces liable to inspection and the activities carried out in them is essential to assessing the human, financial and logistic resources that are needed to meet the important social objectives of labour inspection. Such data are also useful for setting priorities on the basis of the country’s economic situation and for backing up the annual application to the competent authorities for budgetary resources.

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

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

The Committee notes the Government’s first report. It also notes Act No. 98-004 of 27 January 1998 issuing the Labour Code, Act No. 86-013 of 26 February 1986 issuing the general conditions of service of permanent State officials and Order No. 008/MFPTRA/DC/SGM/DTSST of 10 February 2000 respecting the functions of medically qualified labour inspectors. The Committee requests the Government to provide a copy of any text governing the organization, operation and functions of the labour inspectorate.

It would be grateful if the Government would also provide a copy of Decree No. 85-375 of 11 September 1985 and any other text currently in force governing the status and conditions of service of labour inspectors.

Article 7, paragraph 3, and Article 10 of the Convention. According to the Government, training sessions for labour inspectors and supervisors are organized annually, especially in the framework of ILO technical assistance. It indicates, however, that the difficulties in applying the Convention are related to the lack of human resources and the lack of knowledge of labour inspectors in the field of occupational health and safety. The Committee would be grateful if the Government would provide information on any measures adopted or envisaged to improve the capacity of labour inspectors and supervisors in this area to strengthen the staff of the inspection services and on the results achieved.

Article 8. The Committee requests the Government to indicate whether there are any women among the inspection staff and whether they are assigned any special duties.

Article 11. The Committee would be grateful it the Government would provide a copy of Decree No. 2000-644 of 29 December 2000 and of any other text on the arrangements for reimbursing the travel and incidental expenses incurred by labour inspectors and supervisors in the performance of their duties.

Article 16. The Committee requests the Government to provide information on the number of inspections carried out per year and per inspector and the frequency and different types of inspections of the workplaces liable to inspection.

Article 17. Noting that section 271 of the Labour Code authorizes labour inspectors to initiate legal proceedings directly against persons responsible for violations, the Committee requests the Government to indicate whether the legislation envisages exceptions in cases in which previous notice to carry out remedial measures is to be given (paragraph 1) and whether it is left to the discretion of labour inspectors to give warning and advice instead of instituting proceedings (paragraph 2).

Article 18. The Committee requests the Government to provide copies of the decrees and orders envisaged by the provisions of the Labour Code respecting working conditions and the protection of workers while engaged in their work (hours of work, occupational health and safety, social protection).

Article 19. The Government is asked to provide a copy of a number of periodical reports made by the labour inspectors.

Articles 20 and 21. The Committee requests the Government to indicate the measures adopted or envisaged to give effect to these two Articles of the Convention which provide that the central inspection authority shall publish and transmit to the ILO, within the time-limits envisaged in Article 20, an annual general report on the work of the inspection services under its control, containing information on the items set forth in Article 21(a) to (g).