Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Congo

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1999)
Convention (n° 150) sur l'administration du travail, 1978 (Ratification: 1986)

The Committee notes with deep concern that the Government’s reports on Convention No. 81, due since 2012, and on Convention No. 150, due since 2018, have not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Conventions on the basis of the information at its disposal.

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

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Application of the Convention in law and in practice. The Committee notes the adoption of Order No. 21399 of 16 August 2021 on the responsibilities and organization of the departmental labour directorates, which, inter alia, determines the responsibilities of the head of the labour inspectorate. The Committee also notes that a Decent Work Country Programme (DWCP) 2018–22 has been developed in collaboration with the Office. The Committee notes that one of the priority actions to strengthen the social dialogue capacities of actors in the world of work is the restructuring of the labour administration to increase its efficiency (outcome 2.4). Aware of the country’s budgetary difficulties, the Committee observes that the Government has not provided detailed information on the legislative framework and the implementation of the Convention for many years. Thus, the Committee is lacking important details for the examination of the labour inspection system in the country. The Committee therefore urges the Government to provide, in its next report, any information to enable it to assess the degree of application of the Convention in law and practice. This should include information on:

• (i) the organization of the labour inspectorate, including the updated geographical distribution of the number of officials empowered with inspection functions (Articles 2, 4, and 10);
• (ii) the proportion of inspectors’ enforcement activities vis-à-vis their conciliation activities (Article 3(1) and (2));
• (iii) the cooperation established between the labour inspector services and other government services (Article 5(a)) and collaboration with employers’ and workers’ organizations (Article 5(b));
• (iv) the frequency and content of, and number of participants in training provided to labour inspectors throughout their career (Article 7(3));
• (v) the conditions of service of inspection staff, including progress in adopting a special status for labour inspectors (Article 6);
• (vi) the financial resources, means of action and transport available to the labour inspectorate (Article 11);
• (vii) the measures taken to ensure that cases of occupational disease are notified to the labour inspectorate (Article 14).

In addition, the Committee urges the Government to take the necessary measures to ensure that annual reports on the activities of the labour inspectorate are published and communicated regularly to the ILO, within the time lines set out in Article 20, and that they contain the following information, as set out under Article 21: (a) laws and regulations relevant to the work of the inspection service; (b) number and composition of staff of the labour inspection service, in accordance with the requirements of Articles 6, 7, 8, 9 and 10; (c) statistics of workplaces liable to inspection and the number of workers employed therein; (d) statistics of inspection visits in accordance with the requirements of Article 16; (e) statistics of violations and penalties imposed in accordance with the requirements of Articles 13, 17 and 18; and (f) and (g) statistics of industrial accidents and occupational diseases in accordance with the requirements of Article 14.

The Committee also requests the Government to provide information on the progress made regarding the revision of the Labour Code and to provide a copy of the draft law.

The Committee once again reminds the Government of the possibility of availing itself of ILO technical assistance and of requesting, within the framework of international financial cooperation, financial support in order to ensure the establishment and operation of the labour inspection system, and would be grateful for information on any progress made or difficulties encountered.

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1, 4, 5, 6, 8 and 10 of the Convention. Structure and operation of the labour administration. Noting the above-mentioned DWCP 2018–22, the Committee observes an absence of up-to-date information on the structure and operation of the system of labour administration. Aware of the complex socioeconomic context, the Committee urges the Government to provide in its next report information on all the following points:

• (i) the updated structure of labour administration at central, regional and local levels and the organizational charts of the bodies provided for in Decree No. 2009-469 (Article 1);
• (ii) measures taken to ensure the effective organization of the labour administration in the territory and the coordination between the central administration and the departmental directorates (Article 4);
• (iii) consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers carried out within the social dialogue tripartite bodies at the national, regional and local levels for the implementation of the provisions of the Convention (Article 5);
• (iv) the responsibilities of the competent bodies within the system of labour administration relating to the preparation, administration, coordination, checking and review of national employment policy (Article 6);
• (v) the composition and activities carried out by the technical advisory committee on international labour standards, the issues which led to consultations within the committee and the results thereof (Article 8).

Referring to its comments above concerning the application of Articles 6 and 11 of Convention No. 81, the Committee requests the Government to provide information on the measures taken to ensure that the staff of the labour administration system have the status, material means and financial resources necessary for the effective performance of their duties, in accordance with Article 10 of the Convention.