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

Labour Inspection Convention, 1947 (No. 81) - Central African Republic (Ratification: 1964)

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Article 3(2) of the Convention. Duties of labour inspectors. In response to the Committee’s previous comment, the Government indicates in its report that, in addition to their advice and supervision duties, labour inspectors play a conciliation role and provide assistance in enforcing the applicable principles on freedom of association and the promotion of collective bargaining. The Government states that, while prioritizing urgent situations, the inspectors plan their administrative tasks with a view to promptly and effectively performing their additional duties and, thereby, preserving the social peace. Moreover, the Committee notes that section 436 of the draft revised Labour Code still provides that the conciliation duties that fall within the labour inspector’s remit are an obligatory stage of the amicable settlement of individual and collective labour disputes. The Committee recalls the importance of avoiding overburdening inspectorates with tasks, which by their nature may be understood as incompatible with their primary function of enforcing legal provisions (2006 General Survey on Labour Inspection, paragraph 72). The Committee also recalls that Paragraph 8 of the Recommendation No. 81 provides that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. The Committee once again requests the Government to provide information on the time and resources spent by labour inspectors on their various duties. It also requests the Government to adopt the necessary measures to ensure that the additional duties entrusted to labour inspectors are not an obstacle to the performance of their main duties, including in the context of the reform of the Labour Code.

Articles 11 and 16. Material means and transport facilities placed at the disposal of labour inspectors and reimbursement of necessary expenses. Frequency of inspection visits and effectiveness of the system. The Committee notes that in response to its previous comment, the Government indicates that it has renewed its commitment to pursue its efforts to furnish the labour inspection services with material means and transport facilities to enable them to perform their duties with impartiality and independence. The Government also indicates that it is continuing its efforts to refurbish the local labour inspection offices, both at the central level and in the seven regional directorates of labour. The Committee requests the Committee to: (i) intensify its efforts to ensure that labour inspectors are afforded offices that are properly set up, and resources and reimbursement of necessary expenses for the effective performance of their duties; and (ii) continue to provide information on any measure taken to this end.

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