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

Rwanda

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1980)
Labour Administration Convention, 1978 (No. 150) (Ratification: 2019)

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

Article 4 of Convention No. 81. Application of the Convention in the context of the decentralization of labour inspection. Supervision and control of a central authority. With reference to its previous comment, the Committee notes that the Government indicates that: (i) harmonised, coordinated and integrated labour inspection activities are ensured through the establishment of the Integrated Labour Administration Information System (ILAS), which is used for managing labour administration data, and through the signing of a memorandum of understanding with the districts regarding the daily management of labour inspectors; (ii) labour inspection at district level is supervised by the Labour Governance and Decent Work Pool (which is placed under the Employment Ecosystem Policy and Strategy Department) and monitoring of daily labour inspection activities is carried out through ILAS; and (iii) the chief labour inspector position has been upgraded to a higher level within the organizational structure of the Ministry of Public Service and Labour (MIFOTRA) and renamed as chief labour and decent work administrator which is also part of the above-mentioned Pool and whose key responsibility is to coordinate all activities of labour administration. The Committee requests the Government to specify the responsibilities of the chief labour and decent work administrator, including in the field of labour inspection, and to clarify whether the tasks previously entrusted to the chief labour inspectors (at the national level) have been reassigned to the referred administrator and/or to other position(s) within the organizational chart of the MIFOTRA.

Articles 6 and 7. Status and conditions of service of labour inspectors. Recruitment and training of labour inspectors. Concerning its previous comment, the Committee notes the Government’s indications that: (i) labour inspectors occupy permanent positions as per the organizational structure of the MIFOTRA and their level of remuneration and that of other positions in the public service are determined by Presidential Order No. 53/01 of 19/08/2015 establishing the job classification and salary index grid in public service; and (ii) the MIFOTRA organizes annual training sessions for labour inspectors and may offer additional training in partnership with various stakeholders, such as the ILO. The Committee notes that Annexes I and II of the Presidential Order provide for a 20-level salary scale for public service jobs and that labour inspector positions are to be remunerated at level 4, which is higher than that of police inspectors and staff officers at level 5. It also notes that, according to the Government’s report on the application of the Labor Administration Convention 1978, (No. 150), the MIFOTRA organizes continuous training to fill the gaps identified in a capacity needs assessment. Noting the lack of information in this respect, the Committee again requests the Government to provide detailed information concerning the training planned and delivered to labour inspectors, including the content, frequency, and number of participants for each training session. The Committee also requests the Government to provide information on the measures taken to ensure stability of employment of labour inspectors.

Articles 10, 11 and 16. Human and material resources of the labour inspection system. Frequency and thoroughness of inspections. In response to the Committee’s previous comment, the Government indicates that: (i) the total annual budget for 2022–23 assigned to labour inspection activities in all districts was equal to 157,860,000 Rwandan francs (approximately US$118,413.20), which was allocated based on number of establishments to be inspected in each district and did not include labour inspector salaries; (ii) there are 33 labour inspectors based at the district level, of whom 6 are women and 27 are men; and (iii) the number of inspection visits varies according to the number of labour inspectors working in each district; in 2022–23, a total of 4,634 labour inspection visits were carried out in all districts. The Committee notes that no information has been provided regarding the geographical distribution of labour inspectors. It also notes that the annual compliance labour inspection report 2022–23 indicates that 1872 inspection visits were conducted in districts within Kigali City, 810 in eastern provincial districts, 729 in southern provincial districts, 666 in western provincial districts and 557 in northern provincial districts. The Committee requests the Government to continue to provide information on the yearly budget allocated to the labour inspectorate, the number of labour inspectors (disaggregated by gender and indicating their geographical distribution), as well as on the number of inspection visits conducted by labour inspectors in each district.

Articles 14, 18, 20 and 21. Annual reports on the activities of the labour inspection services.Notification of occupational diseases to the labour inspection services.Adequate sanctions. Following its previous comment, the Committee notes with interest the Government’s indication that the MIFOTRA consolidates the quarterly reports provided by labour inspectors and produces an annual report and that the annual compliance labour inspection report 2022–23 has been published on the MIFOTRA website. The Committee notes that the report contains information on some of the subjects listed in Article 21 of Convention No. 81, such as statistics of workplaces liable to inspection and the number of workers employed therein, of inspection visits and of industrial accidents. It also notes that, according to the report, the 2020 establishment census estimated a total number of 16,380 establishments in the country, but only 13,497 (82.4 per cent) are registered in ILAS, and that therefore the labour inspectorate must continue to register the remaining establishments in the system. Furthermore, the Committee notes that article 3, m) of the Ministerial Order No. 02/MIFOTRA/23 of 01/08/2023 on occupational health and safety and other matters provides than employers are obliged to report occupational diseases to the labour inspector in the area of the workplace and to the social security office. With reference to its comment under the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), the Committee requests the Government to indicate in detail the violations detected, and sanctions imposed and collected in cases of non-compliance with the minimum wage provisions.The Committee also requests the Government to provide information on the number of cases of occupational diseases reported by employers to the labour inspectorate. The Committee requests the Government to continue its efforts to ensure that the labour inspection reports are published and contain all the subjects required under Article 21 of the Convention, including information on laws and regulations relevant to the work of the inspection service (Article 21(a)); information on staff of the labour inspection service (Article 21(b)); statistics of violations and penalties imposed (Article 21(e)); and statistics of occupational diseases (Article 21(g)). In addition, the Committee requests the Government to continue to transmit copies of the annual labour inspection reports to the ILO and to indicate any progress made in registering in ILAS the remaining workplaces liable to inspection and of workers employed therein.

B. Labour Administration

Article 4 of Convention No. 150. Organization and operation of the labour administration system. Coordination of its functions and responsibilities. With reference to its previous comment, the Committee notes the Government’s indication that the Labour Governance and Decent Work Pool of the MIFOTRA leads the labour administration function, coordinating all labour-related activities through labour inspectors at the local level and engaging other Government institutions to ensure smooth coordination. Noting the absence of detailed information in this regard, the Committee again requests the Government to: (i) provide information on the practical measures taken to ensure coordination among the various institutions and bodies of the labour administration system; and (ii) communicate extracts of any reports or other periodic information provided by the principal labour administration services.The Committee also refers to its comment above under Article 4 of Convention No. 81.

Articles 5 and 8. Consultations within the system of labour administration and participation in the preparation of a national policy concerning international labour affairs. Following its comment on tripartite consultation, cooperation and negotiation within the system of labour administration, the Committee notes the Government’s indication that: (i) the National Labour Council, established in 2010, provides opinions on policies, laws and programs concerning employment, labour and social security among others, is composed of representatives of the Government, employers’ and workers’ organizations and civil society, and meets twice a year in its ordinary sessions, the last of which was held in May, 2024 to validate the 2023 report on ratified ILO Conventions and the 2024 report on unratified ILO Conventions; and (ii) the MIFOTRA and its stakeholders organize compliance forums at the province level every year, bringing on board employers’ and workers’ organizations, civil society and concerned public institutions to discuss labour and employment matters; the MIFOTRA also organizes sectoral forums to discuss labour and employment matters in economic sectors. Regarding its previous comment on the preparation of a national policy concerning international labour affairs, the Committee notes the Government’s statement that policies are developed and formulated by the MIFOTRA and are submitted for consultation with stakeholders before being transmitted to the National Labour Council for endorsement. The Committee takes note of this information, which addresses its previous request.

Article 6. Preparation, implementation, coordination and evaluation of the national labour policy. Concerning its previous comment, the Committee notes the Government’s indication that it has established and operationalized both quarterly and annual labour force surveys to monitor and assess the key labour market indicators of the Revised National Employment Policy for 2019–24. It also indicates that the labour market information system contributes to the monitoring of policy implementation and that, in addition, various specialized studies and mid-term evaluations have been conducted. It specifies that the final evaluation of the policy is scheduled to take place in July 2024, which will lead to its revision. The Committee takes note of this information, which addresses its previous request. The Committee also refers to its comments formulated under the Employment Policy Convention, 1964 (No.122).

Article 7. Gradual extension of the functions of the system of labour administration. In response to the Committee’s previous comment, the Government indicates that the labour administration function is not limited to the formal sector, but also covers self-employed persons and workers in the informal sector regarding occupational health and safety (OSH). The Committee requests the Government to indicate whether it considers that national conditions require the gradual extension of the functions of the labour administration system to cover the categories of workers mentioned in Article 7 of the Convention, in relation to conditions of work and working life other than those related to OSH. If so, the Committee requests the Government to indicate the measures taken to this end.

Article 9. Delegation of labour administration activities to regional or local agencies. With reference to its previous comment, the Committee notes the Government’s indication that the child labour steering committees at each district level have to submit a monthly report to a higher-level committee, which consolidates these reports and submits a report to the MIFOTRA. It also notes the adoption of the National Strategy on Elimination of Child Labour 2023, which entrusts MIFOTRA and other institutions and stakeholders with the joint responsibility of monitoring and evaluating the overall implementation of the strategy. The Committee takes note of this information which addresses its previous request.

Article 10. Human resources and material means of the labour administration. The Government reiterates the information previously provided under Convention No. 81 concerning offices, iPads and transport facilities provided to the labour inspectorate. Noting the absence of further information in this regard,the Committee again requests the Government to provide: (i) information on the measures taken to ensure that the staff of the labour administration system, other than labour inspectors, have the material and financial resources necessary for the effective performance of their duties; and (ii) detailed information on the status, conditions of service and further training of the labour administration staff, other than labour inspectors. The Committee refers to its comment above on Articles 6 and 7 of Convention No. 81.