Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Côte d'Ivoire

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1987)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1987)
Convention (n° 150) sur l'administration du travail, 1978 (Ratification: 2016)

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

A.Labour inspection

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Functions of the labour inspectorate. Legislation. In reply to the Committee’s previous comment, the Government indicates that the enforcement of the legislation that is in force is still the main function of labour inspectors, but they also have the role of providing advice to users and reporting to their superiors any shortcomings identified. The Government adds that, although labour inspectors are also responsible for the settlement of labour disputes, this function, which contributes to the application of legislation and the maintenance of a peaceful social environment, does not replace enforcement activities, but on the contrary supplements them effectively. The Government adds that a process of reform of the labour inspection services has been commenced. The Committee recalls that Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129 set out the principal functions of the labour inspection system, and that Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129 provide that 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 or to prejudice in any way their authority and impartiality. Noting the absence of specific information in this regard, the Committee requests the Government to provide detailed information on the proportion of time and staff dedicated to the settlement of disputes by the labour inspection services. The Committee also requests the Government to continue providing all relevant information on the process of reform in the labour inspection services.

Article 5(a) of Convention No. 81 and Article 12(a) of Convention No. 129. Effective cooperation between the inspection services and other Government services engaged in similar activities. The Committee notes that, according to the Government’s indications, there is no collaboration between the labour inspection services and those of the National Social Insurance Fund (CNPS) in relation to the occupational safety and health inspections carried out in enterprises. In this regard, the Committee requests the Government to refer to its comments under Article 15(1) of the Occupational Safety and Health Convention, 1981 (No. 155), and Article 4(3)(g) of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Recruitment and training of labour inspectors. In reply to the Committee’s previous comment, the Government indicates that labour inspectors and medical labour inspectors are recruited through competitions organized by the Ministry of the Public Service, that inspectors undertake initial training at the National School of Administration and that the number of participants in the three training cycles is based on the needs indicated by the Ministry of Labour and the budget allocated by the State. The Government specifies that, in addition to a degree in medicine, medical labour inspectors must have a certificate of specialized studies in occupational medicine. Finally, the Government indicates the number of students who followed each of the three training cycles provided in the 2015–16 and 2016–17 academic years. The Committee notes this information, which replies to its previous request. The Committee however requests the Government to: (i) continue providing detailed information on the number of participants in the different training cycles; and (ii) provide fuller information on the initial training provided to labour inspectors, including the subjects covered and the duration of the courses, and the further training provided, where appropriate.

With reference to the agricultural sector, the Committee noted in its previous comment that there were still no inspectors specializing in agriculture or specifically trained in this area, and it requested the Government to take the necessary measures to ensure that inspectors covering the sector are provided with adequate training. The Committee notes that, according to the Government’s indications, labour inspectors receive a general training so that they can intervene in all sectors in their assigned area. The Committee further notes that the Government is endeavouring to strengthen the capacities of labour inspectors in certain sectors, including agriculture. In light of the specific characteristics of the agricultural sector, the Committee requests the Government to ensure that both adequate initial training and the necessary further training are provided to labour inspectors called upon to intervene in the sector. It also requests the Government to continue providing information on any developments in this regard.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Human and material resources. In reply to the Committee’s previous comment, the Government has provided a table showing the distribution of the 252 labour inspectors in 2018 in the services of the General Directorate of Labour (DGT), namely: 71 labour controllers, 82 labour attachés, 14 medical labour inspectors and 85 labour administrators. The Government adds that the DGT has an annual budget through which it can acquire office materials and furnishings and that urgent requests have been made to the competent authorities to obtain an increase in the budget, which was not very high. The Committee notes that, according to the Government’s indications, particular efforts have been made for the purchase of computer equipment and service vehicles. However, the Committee notes from the Decent Work Country Profile, drawn up in April 2020 by the Ministry of Employment and Social Protection of Côte d’Ivoire in collaboration with the Office, that the number of labour inspectors is still inadequate in relation to the number of establishments to be inspected and that the resources allocated are also inadequate to cope with the new challenges of the world of work, and particularly the informal economy. The Committee therefore requests the Government to: (i) continue its efforts to increase the budget allocated to the labour inspection services and to reinforce all the human and material resources available to the services for the discharge of their functions; (ii) provide full information and relevant data on this subject (including the amount of the budget allocated, the number of computers and vehicles available, etc.); and (iii) continue to provide detailed information on the number of labour inspectors, their assignment in the various services of the DGT and, as appropriate, the number of inspectors assigned to the agricultural sector.

Articles 16 and 21(c) of Convention No. 81 and Articles 21 and 27(c) of Convention No. 129. Inspections and statistics on workplaces liable to inspection.Noting the Government’s indication that it is engaged in reflection with a view to commencing a study that would lead to the identification of all the enterprises liable to inspection, the Committee encourages it to continue its efforts in this regard. With reference to statistics on workplaces liable to inspection, the Committee requests the Government to refer to the comment below on Articles 19 to 21 of Convention No. 81 and Articles 25 to 27 of Convention No. 129.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Periodic and annual reports on the work of the labour inspection services. The Committee notes the Government’s indication that 1398 enterprise inspections were undertaken in 2017. Although the Committee also notes that all the DGT services provide an annual report containing information on their activities, it however notes that neither the compilation of these activities, to which the Government refers in its report, nor the annual report on the work of the labour inspection services have been received by the Office. The Committee once again notes with regret that the Government has not provided any information on the progress achieved in the preparation of an annual report on the work of the labour inspection services. The Committee urges the Government to take the necessary measures to ensure that annual inspection reports are published and communicated to the ILO in accordance with the provisions of Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129.

B.Labour administration

Article 6(2) of Convention No. 150. National employment policy. In response to the Committee’s request for information on the measures taken to ensure the monitoring and evaluation of the National Employment Policy 2016-20 by the labour administration system, and on any new national employment policy, the Government indicates that the principal achievement of the National Employment Policy 2016-20 was the establishment in July 2017 of the “Employment Committee”, with responsibility for coordinating the implementation of action and measures under the National Employment Policy 2016-20, and particularly for coordinating and managing initiatives and activities to promote and facilitate employment creation, monitor employment creation initiatives and prepare regular reports on the implementation of the Policy. The Employment Committee is composed of representatives of the Government, of representative employers’ organizations and trade union confederations, as well as of international technical and financial partners, including the Office. The Committee notes that the Employment Committee did not cease to exist when the National Employment Policy 2016-20 expired and that, under the terms of Order No. 065/MEPS/CAB of 24 November 2021, its responsibilities include coordinating and monitoring action and measures related to the National Employment Policy. The Committee notes this information, which replies to its previous request.

Article 8. Contribution to the preparation of the national policy concerning international labour affairs and the representation of the State with respect to such affairs. In reply to the Committee’s previous comment, the Government indicates that Order No. 2019-067 MEPS/CAB/DGT establishing and setting out the functions, organization and operation of the Tripartite Advisory Committee on International Labour Standards (CCTNIT) was adopted on 22 August 2019, that the members of the Committee were appointed in January 2020 and that the Committee has met on ten occasions. The Committee notes that, under the terms of the Order, the responsibilities of the CCTNIT include issuing views on draft Government interventions on the items on the agenda of the International Labour Conference, draft international instruments to be submitted to the National Assembly in accordance with article 19 of the ILO Constitution, the examination of unratified Conventions and Recommendations to which effect has not yet been given, draft reports prepared under article 22 of the ILO Constitution and proposals for the denunciation of ratified Conventions. The Committee notes this information, which replies to its previous request.

Article 9. Monitoring of relevant local and regional agencies. The Committee notes the labour-related activities which have been delegated to the 29 regional directorates, to the departmental directorate and to the 13 labour inspection services which make up the DGT, as well as the functions attributed to the General Labour Inspectorate by Decree No. 2021-803 of 8 December 2021 on the organization of the Ministry of Employment and Social Protection. Noting, however, that the Government has not provided information on the means of verifying that the agencies to which activities have been delegated in the field of labour administration are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them, the Committee requests the Government to provide any relevant information on this subject.

Article 10. Material and financial resources necessary for the effective performance of the duties of the staff of the labour administration system. The Committee notes that, in reply to the observations of the General Confederation of Enterprises of Côte d’Ivoire (CGECI), which had noted the low level of resources available to the labour administration, the Government indicates that measures are being taken progressively to reinforce the material, human and financial resources available to the labour administration system and that the labour and social protection inspection services are now equipped with computers and vehicles. The Committee notes this information and requests the Government to continue its efforts to reinforce all the material and financial resources made available to the labour administration services. The Committee also requests the Government to provide full information and relevant data on this subject (level of the budget allocated, number of computers and vehicles supplied, etc.).