Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) - Rwanda (Ratificación : 1980)

Article 3(1) and (2) of the Convention. Additional functions entrusted to labour inspectors. Mediation and conciliation. The Committee notes that the Government indicates in its report that it will assess the Committee’s previous comment on the need to adopt measures to discharge labour inspectors from additional mediation and conciliation duties and for modification of the legal framework to this effect. The Committee also notes that the annual compliance labour report 2022–23 indicates that all district labour inspectors received 1,659 labour disputes in this period and that 68.2 per cent of these disputes were raised in three districts of Kigali City and that 86.80 per cent of them were settled. The Committee is bound to recall that the time spent by inspectors on mediation or conciliation may be detrimental to the performance of their primary duties, as defined in Article 3(1) of the Convention, particularly in a context where resources are limited. Further, it once again refers to the guidance provided in this regard in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81). The Committee urges the Government to: (i) take the necessary measures to discharge labour inspectors of any mediation and conciliation functions regarding individual and collective labour disputes; (ii) amend the legal framework to this effect, in particular sections 102 and 103 of Law No. 66/2018 of 30 August 2018 regulating labour in Rwanda (which provide that labour inspectors are responsible for mediating labour disputes) as well as sections 3 and 10 to 16 of the Ministerial Order No. 001/19.20 of 17 March 2020 relating to labour inspection (which sets out the procedure to be followed for the settlement of labour disputes when mediated by labour inspectors); and (iii) keep the Office informed of any progress made in this respect.

Article 12(1)(a). Powers of labour inspectors to enter freely at any hour of the day or night any workplace liable to inspection. Concerning its previous comment, the Committee notes the Government’s indication that labour inspectors can enter enterprises for inspection at any time, whenever there is a need, whether during the day or at night, and that this power is not limited to working hours. Noting that the Government does not identify any Law or Ministerial Order authorizing this power, and that section 6(2)(1) of the Ministerial Order No. 001/19.20 of 17 March 2020, relating to labour inspection, continues to provides that a labour inspector can enter an enterprise during working hours, the Committee once again urges the Government to bring this provisions in line with Article 12(1)(a) of the Convention so as to ensure that, at the legislative level, the powers of entry of labour inspectors are clearly extended to any hour of the day or night regardless of the working hours of the workplaces liable to inspection. It also requests the Government to provide information on the number of inspection visits carried out by labour inspectors to workplaces subject to inspection that have taken place outside their working hours.

The Committee is raising other matters in a request addressed directly to the Government.