Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 81) sur l'inspection du travail, 1947 - Guinée (Ratification: 1959)

Follow-up to the recommendations of a tripartite committee (representation made under article 24 of the ILO Constitution)

The Committee notes that, in June 2023, the Governing Body approved the report of the tripartite committee set up to examine the representation submitted by the International Union of Food, Agriculture, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) under article 24 of the Constitution of the International Labour Organization (GB.348/INS/5/3) concerning the application by Guinea of Convention No. 81, the Protection of Wages Convention, 1949 (No. 95) and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). Noting that the tripartite committee requested the Committee to follow up on its recommendations, which concern in particular the application of Articles 3, 6, 10, 11 and 12 of the Convention, the Committee will examine these matters in its comments below.

Legislative developments. The Committee notes that the Labour Code is in the process of being revised. In this regard, it notes the Government’s indication that, following the adoption of the new Code, a copy of the implementing text will be provided. The Committee requests the Government to provide information on any progress made with regard to the adoption of the new Labour Code and its implementing text.

Articles 3 and 6 of the Convention. Additional duties of labour inspectors. Conditions of service. The Committee notes the adoption of Decree No. D/2022/0265/PRG/SGG in May 2022 on the responsibilities and organization of the General Labour Inspectorate, which provides for the structure and functions of the inspectorate. The Committee notes that, according to section 1 of the Decree, labour inspectors are still entrusted with additional duties such as organizing controls of the movement of foreign staff exercising an occupational activity in the national territory, examining the social balance sheet of enterprises and companies, and participating in the development and negotiation of agreements and collective agreements. The Committee also notes that, according to the tripartite committee, the Government has not done enough to determine whether labour inspectors are able to carry out their duties independently and impartially, in accordance with Articles 3 and 6 of the Convention, or where necessary, rectify the situation to ensure compliance with those two Articles. Noting the absence of information in this regard and taking into account the conclusions of the tripartite committee, the Committee requests the Government to take the necessary measures, particularly with regard to the revision of the Labour Code, to ensure that: (i) 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 the authority and impartiality which are necessary to inspectors in their relations with employers and workers, in accordance with Article 3(2); and (ii) the conditions of service of labour inspectors make them independent of changes of government and of any improper external influences, in accordance with Article 6 of the Convention, particularly in the hotel sector.

Article 7(3). Training of labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that measures are being taken to reform the labour inspection system, such as the forthcoming launch of a training course on labour inspection at the National School of Administration. The Committee also notes the Government’s indication that a request was sent to the ILO for assistance with the training of inspectors and with the launch of the training course at the National School of Administration. Trusting that the technical assistance requested will be provided as soon as possible, the Committee once again requests the Government to continue its efforts to ensure that labour inspectors are adequately trained for the performance of their duties. The Committee also requests the Government to continue to provide information on the progress made with regard to the training course on labour inspection.

Articles 10 and 11. Labour inspection resources. In the absence of information in this regard and in the light of the conclusions of the tripartite committee, the Committee requests the Government to take the necessary measures to ensure that: (i) the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate, pursuant to Article 10 of the Convention; (ii) labour inspectors are provided with offices that are suitably equipped in accordance with the requirements of the service, and accessible to all persons concerned, in accordance with Article 11(1)(a) of the Convention, and that they are provided with the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist, in accordance with Article 11(1)(b); and (iii) labour inspectors are reimbursed for any travelling and incidental expenses which may be necessary for the performance of their duties, in accordance with Article 11(2), particularly in the hotel sector. The Committee requests the Government to provide information on any progress made in this regard.

Article 12. Powers of the labour inspectorate. The Committee notes that the tripartite committee requested the Government to provide information on the application in practice of Article 12(1)(a), in the hotel sector. Noting the absence of information in this regard, the Committee requests the Government to provide information on the measures taken or envisaged to ensure, in practice, that labour inspectors provided with proper credentials are empowered to enter freely and without previous notice, at any hour of day or night, any workplace liable to inspection, particularly in the hotel sector, in accordance with Article 12(1)(a) of the Convention.

Articles 20 and 21. Annual labour inspection report. Further to its previous comments, the Committee notes the Government’s indication that measures are being taken to ensure the collection and the publication of the annual labour inspection report. The Committee also notes the table provided by the Government with limited information on certain violations and statistics on the number of accidents, including fatal accidents, for the period 2021–23. The Committee requests the Government to take the necessary measures to publish annual reports on the activities of the labour inspectorate and to transmit them to the ILO, in accordance with Article 20, and to ensure that they contain information on all the items listed in Article 21(a)–(g) of the Convention.

The Committee reminds the Government of the possibility of availing itself of ILO technical assistance as part of the process of examining means of strengthening the labour inspection system.