Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Labour Inspection Convention, 1947 (No. 81) - Burundi (Ratification: 1971)

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU) and the Government’s reply, received in 2018. The Committee also notes the observations made by the COSYBU received in 2022 and 2023.

Article 3 of the Convention. Duties of labour inspectors. Further to its previous comments in this regard, the Committee notes that the Labour Code, as revised in 2020, still contains provisions respecting the role of labour inspectors in resolving individual and collective labour disputes, including in section 477 and sections 485 to 489. Moreover, section 8 of Decree No. 100/014 of 18 January 2021 on the duties, organization and functioning of the General Labour and Social Security Inspectorate provides that the duties of labour inspection include the prevention and conciliation of individual and collective labour disputes between the social partners. The Committee further notes that, according to the COSYBU, there has been no positive change in the time devoted by inspectors to their functions in relation to the resolution of disputes and that labour inspectors do not discharge their duties as set out in Article 3(1) in an appropriate manner. Recalling that duties relating to the settlement of disputes are not included in the primary duties of labour inspectors, as set out in Article 3(1) of the Convention, the Committee requests the Government to indicate the time and resources devoted by labour inspectors to their primary duties, in proportion to those allocated to the resolution of disputes. In the absence of this information, the Committee once again requests the Government to take all the necessary measures to ensure that the duties of labour inspectors in relation to the resolution of disputes do not interfere with the performance of their primary duties.

Article 5(b). Collaboration with employers and workers or their organizations. The COSYBU indicates in its observations that, with the exception of the agro-food sector, there is no framework for collaboration between the labour inspection services and employers’ and workers’ organizations. Nevertheless, the Committee notes the indication in the Government’s report that the labour inspectorate is represented in tripartite bodies such as the National Labour Council and the National Social Dialogue Council. The Committee requests the Government to provide further information on how this collaboration is implemented in practice. It requests the Government to continue its efforts to strengthen collaboration frameworks between the labour inspection services and employers and workers or their organizations.

Articles 6, 7 and 10. Recruitment and training of sufficient numbers of labour inspectors.Conditions of service of labour inspectors. Further to its previous comments, the Committee takes due note of the Government’s indication that the number of labour inspectors has increased from 20 inspectors in 2018 to 33 in 2023. However, the Committee notes that, according to the Government, the numbers of inspectors are still insufficient. The Government adds that difficulties arise in the application of the Convention related to the scarcity of training and capacity-building for labour inspectors. The Committee notes that the COSYBU considers in its observations that labour inspectors do not receive appropriate training and that labour inspectors do not enjoy conditions of service that assure them of stability of employment and independence from any changes of government and from improper external influences. The Committee therefore requests the Government to take the necessary measures to remedy the difficulties identified in relation to the recruitment and training of labour inspectors. It requests the Government to continue providing information on the recruitment of sufficient numbers of labour inspectors and the measures adopted to facilitate their training, including the nature of any training envisaged, the number of participants and the duration of the training.

Articles 10, 11 and 16. Material resources and inspection visits. Further to its previous comments on the lack of means of transport and material resources, the Committee notes the Government’s indication that it ensures the travel of inspectors and their material resources when they go to their workplace, but that the material and financial resources of the inspection services are still inadequate. The Government adds that there are not sufficient means of transport. The Committee further notes that COSYBU stands by its previous observations concerning the insufficiency of the material resources allocated to labour inspectors to inspect all the services and enterprises in the country and that it considers that inspection visits are rare. The Committee therefore requests the Government to continue taking all the measures at its disposal to ensure that labour inspectors have the necessary material resources and means of transport so that workplaces are inspected as often and as thoroughly as necessary, in accordance with Article 16 of the Convention. It requests the Government to provide further information on the measures adopted in this regard.

Articles 17 and 18. Prompt legal proceedings without previous notice. Penalties. The Committee notes that, in accordance with section 423 of the Labour Code, where necessary, labour and social security inspectors can call on the forces of order for the discharge of their duties and are empowered to refer matters directly to the competent judicial authorities. However, section 434 of the Labour Code provides that physician labour inspectors do not have the power to issue violation notices or warnings. The Committee also notes the Government’s indication that labour inspectors do not impose penalties in practice and tend instead to persuade employers to comply with their notices through follow-up visits. Moreover, the COSYBU considers in its observations that labour inspectors do not make sufficient use of their authority under Article 17 of the Convention. The Committee requests the Government to take measures to ensure that, in accordance with Article 18 of the Convention, the penalties envisaged by the national legislation for the violation of legal provisions or for obstructing labour inspectors in the performance of their duties are applied effectively. The Committee also requests the Government to provide further information on the effect given in practice to section 423 of the Labour Code and to provide statistical data on the number of penalties imposed by labour inspectors in response to the violations identified.

Articles 20 and 21. Annual labour inspection report. The Committee notes that, in accordance with section 432 of the Labour Code, the general labour and social security inspection authority publishes each year a general report on the work of the services under its authority. In the absence of such a report, the Committee reiterates its request to the Government to take the necessary measures to ensure that the central authority publishes an annual report on the work of the labour inspection services containing information on the matters set out in Article 21(a) to (g) of the Convention. It once again requests the Government to take the necessary measures for this report to be communicated to the ILO in the form and within the time limits set out in Article 20.