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

Libéria

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 2003)
Convention (n° 150) sur l'administration du travail, 1978 (Ratification: 2003)

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 (labour inspection) and 150 (labour administration) together.

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. In its previous comments, the Committee requested the Government to indicate whether measures had been taken or were envisaged to relieve labour inspectors of conciliation duties and to entrust this function to another body. The Committee notes that the Government indicates in its report that, as from 2019, labour inspectors are dedicated full time to the performance of inspection duties and have been relieved of conciliation duties, these functions being performed by the Legal Section of the Ministry of Labour. The Committee notes, however, that the Government also indicates that the inspection of work permits of foreigners was added to the duties of labour inspectors. In this respect, it notes that section 8.2(d) of the Decent Work Act of 2015 provides that labour inspectors are to perform such additional functions as may be prescribed. The Committee recalls that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers if it is to be compatible with the objective of labour inspection. The Committee therefore requests the Government to take the necessary measures to ensure, in accordance with Article 3(2) of the Convention, that additional duties which are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers are assigned to labour inspectors only insofar as they do not interfere with their main objective, to secure the enforcement of legal provisions relating to conditions of work and the protection of workers, as required under Article 3(1) of the Convention. Furthermore, the Committee requests the Government to indicate if any other additional function is entrusted to labour inspectors under section 8.2(d), of the Decent Work Act, and to indicate the time and resources allocated by labour inspectors to each of their duties, as compared to those allocated to their primary functions.

Articles 4, 10 and 11. Organization and effective functioning of the labour inspection services, including the allocation of adequate human resources and material means. With reference to its previous comments, the Committee notes that under section 8.1(a) of the Decent Work Act, the Minister shall appoint as many labour inspectors as are necessary to carry out adequately the functions of the inspection system. In this regard, it notes the information provided by the Government according to which the number of inspectors has increased to 54 (25 inspectors more than in 2015) distributed as follows: 28 inspectors are assigned to the 14 rural counties of Liberia and 24 are assigned to the central office, in addition to the Inspector General and his Deputy. The Committee notes that the Government refers to the limited material resources, such as computers, printers and photocopy machines, available to the labour inspectorate. It also notes that the Government indicates that the inspection services are funded within the constraints of the general state budget, and that a budget allocation has been requested to make the regional offices of the labour inspectors functional and effective. Taking due note of the increase in the number of labour inspectors, the Committee requests the Government to intensify its efforts to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the inspection functions, taking into account the criteria set out in Article 10(a) to (c). It also requests the Government to adopt the necessary measures to ensure that labour inspectors have the necessary material means to carry out their functions effectively, including local offices, suitably equipped and accessible to all persons concerned and adequate means of transport, in accordance with Article 11 of the Convention.

Article 6. Status and conditions of service of the inspection staff. The Committee notes the information provided by the Government, in response to its previous request in this respect, that inspection staff are civil servants governed by the Civil Service Act and that their compensation is in accordance with the Annual Budget Law, the Social Security Law, the Civil Service Act,. In this respect, the Committee notes that the Standing Orders for the Civil Service of 2012 provide for the maintenance of official Civil Service Classification and Pay Plans through regular reviews and periodical comparative salary studies (section 1.2.4). The Committee requests the Government to provide detailed information on the conditions of service of labour inspectors, including illustrative figures on their remuneration and career prospects, also in relation to the remuneration and career prospects of other officials specifically identified as exercising similar functions.

Article 7. Initial and subsequent training of labour inspectors. Further to its previous comments, the Committee notes that the Government indicates that intensive and regular training sessions are provided to labour inspectors by the central authority and regional offices throughout the country in order for inspectors to keep abreast of national and international labour standards, the roles, powers and duties of labour inspectors, policy issues and action planning. The Committee requests the Government to continue to provide specific information on the initial and subsequent training given to labour inspectors, including details on the number of participants, subjects covered, and frequency of the trainings.

Article 12(1)(a). Extent of the right of free entrance of labour inspectors to workplaces liable to inspection. In its previous comments, the Committee requested the Government to provide information on any progress made to bring the national legislation into conformity with the requirements of Article 12(1)(a). The Committee notes the Government's reference to section 8.3(a) of the Decent Work Act, which provides that labour inspectors can enter freely and without previous notice at any hour of the day into a workplace liable to inspection. The Committee observes that the Decent Work Act does not contain a provision allowing inspectors to enter a workplace subject to inspection at any time during the night. The Committee once again requests the Government to take the necessary measures to ensure, in accordance with Article 12(1)(a) of the Convention, that labour inspectors are legally authorized to enter and inspect workplaces subject to inspection not only during the day, but also at any hour of the night, and to provide information on the measures taken in this respect.

Article 13(2) and 17(1). Measures to be ordered with immediate executory force. Prompt legal proceedings without previous warning. With reference to its previous comments, the Committee indicates that under section 8.4 of the Decent Work Act, labour inspectors are empowered to issue a compliance notice if they reasonably believe that a person is violating or has violated a provision of the Act or the regulations. It also indicates that under section 8.4(b)(iii), compliance notices could have time limits of up to 28 days to remedy a contravention. The Government adds that if a person fails or refuses to comply with a notice issued by the labour inspector, the inspector may bring a verified complaint in writing to the Ministry to enforce compliance through administrative hearings. The Committee further notes that pursuant to section 28.2 of the Decent Work Act, labour inspectors are empowered to issue prohibition notices in case of imminent risk to the safety of health of workers. The Committee requests the Government to provide information on the number of verified complaints and prohibition notices issued by labour inspectors per year and to indicate the causes of such notices and their outcomes, including any court proceedings and sanctions imposed. The Committee also requests the Government to provide information on the provisions of national legislation establishing that persons who violate or neglect to observe legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning, except in cases in which previous notice to carry out remedial or preventive measures is to be given, as prescribed by Article 17(1) of the Convention.

Article 15(b) and (c). Extent of the obligation of secrecy aimed at protecting employers’ rights. Confidentiality of the source of a complaint. Further to its previous comments, the Committee notes the Government's reference to section 8.9(a) of the Decent Work Act, which provides that labour inspectors are prohibited, even after termination of their employment with the Ministry, from disclosing, except as required by their duties, any information coming to their knowledge in the course of their employment. It also notes that according to section 8.9(d) of the Decent Work Act, a labour inspector who violates this section shall be removed from Office. In addition, the Government indicates that the inspectorate has limited documentation capacity, which means that, in some cases, inspection documentation is printed out in other divisions of the Ministry, posing a risk to confidentiality. The Committee notes that under section 8.8 of the Decent Work Act, the identity of a person who makes a complaint may be disclosed if the persons consents, or if the disclosure is to a person interested, on reasonable grounds necessary to the administration of the Act or any other law. The Committee recalls that compliance with the confidentiality of the source of any complaint is a prerequisite for the effectiveness of labour inspection. The Committee requests the Government to take the necessary measures, including improved documentation capacity, to ensure that labour inspectors treat as absolutely confidential the source of any complaint bringing to their attention a defect or non-compliance with the legal provisions and to provide information on the measures taken in this respect.

Articles 20 and 21. Annual reports on the activities of the labour inspection services. The committee notes with regret that once again no annual report has been received which would enable the Committee to evaluate the application of the Convention in practice. It also notes that while the Government indicates that the inspectorate provides regular updates and contributes to the Ministry's annual report, no information has been provided on the number of inspection visits carried out and the number of employees covered by such visits. The Committee requests the Government to take the necessary measures to ensure that an annual report on the activities of the labour inspection services is prepared, published and transmitted to the ILO within the time limit laid down in Article 20(3) and containing the information required under Article 21(a) to (g) of the Convention.

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Article 4 of the Convention. Organization and operation of the labour administration system and coordination of responsibilities. The Committee notes that in reply to its previous comment, the Government provides an organizational chart of the Ministry of Labour. In this respect, the Committee notes that the composition of the Ministry includes the Division of Regional Labour Affairs, the Division of Tripartite Affairs, the Division of Trade Union and Social Dialogue, the National Bureau of Employment and the National Commission on Child Labour. The Committee notes, however, that the Government did not provide information on the activities of the Ministry of Labour. The Committee therefore requests the Government to provide information on the activities of public administration bodies responsible for and/or engaged in labour administration, whether they are ministerial divisions or departments, including parastatal and regional or local agencies. It also requests the Government to provide information on the existence of any institutional framework for the coordination of the activities of such bodies.

Article 5. Consultation, cooperation and negotiation bodies. With reference to its previous comments, the Committee notes that the Government indicates that the National Tripartite Council discussed the application of the Decent Work Act, the recommendations and outcomes of the National Labour Conference, and the effects of COVID-19 in workplaces. The Government also indicates that the process of harmonizing the provisions governing the workforce administered by the Ministry of Labour and the provisions governing civil servants administered by the Civil Service Agency was renewed in the framework of the 2018 National Labour Conference. The Government adds that the COVID-19 crisis has led to a delay in the implementation of the Conference's recommendations, which included further dialogue on the harmonization of labour laws. The Government further indicates that consultation between public authorities, employers and workers also takes place at the local level, and that the Minister is represented in each county by at least one commissioner. Furthermore, the Committee notes the Government's indications that the Minimum Wage Board has not yet been established due to financial constraints. Lastly, the Committee notes the information provided by the Government indicating that the National Child Labour Commission receives a budget allocation of $30,000 per year, largely earmarked for staff salaries, and that it receives office supplies and equipment as part of the Ministry's general administrative support. The Committee requests the Government to provide information on the process of harmonization of the provisions governing the private and public workforce and on the steps taken in order to establish the Minimum Wage Board. It also requests the Government to provide detailed information on the consultations held between public authorities and employers, workers and their representatives at the local level.

Article 6(2)(a) and (b). National employment policy. Study and review of the situation of persons in relation to employment. Further to its previous comments, the Committee notes that the Government indicates that the national employment policy established in 2009 needs to be revised, and that consultations on the assessment of its results and on the formulation of the new policy are at the initial stage. The Government also indicates that it issued a COVID-19 Workplace Guide and subsequently amended it to provide for the payment of 50 per cent of wages to workers who had been considered non-essential and requested not to work. The Government adds that during the pandemic public employees, who are largely governed by the Civil Service Standing Orders, obtained full earnings, whether they were considered as essential workers or not. The Committee requests the Government to provide information on the progress made in the establishment and implementation of a new national employment policy, including the results of the consultations held in this regard. It also requests the Government to provide information on the activities carried out by the National Bureau of Employment, in particular with regard to the study and review of the situation of employed, unemployed and underemployed persons.

Article 10. Training. Conditions of service. Human resources, material and financial means. With reference to its previous comments, the Committee notes that based on the organizational chart of the Minister of Labour provided by the Government, the Deputy Minister for Administration is composed of several departments, including the Division of Finance and Administration and the Division of Personnel. The Committee notes that the Government did not provide information on the training activities provided to the personnel of the Ministry of Labour during their employment and the resources available to them for the performance of their duties. Therefore, the Committee requests the Government to provide information on the training held and material and financial means assigned to the labour administration personnel for the performance of their duties, including information on the number of participants, subjects covered, and duration of training sessions.