Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 28 August 2025.

Article 3 of the Convention. Duties of labour inspectors. The Committee previously noted that, in accordance with the Labour Code, including section 477 and sections 485 to 489, and 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, the duties of labour inspection include the prevention and conciliation of individual and collective labour disputes between the social partners. In this respect, the Committee recalled that, under the terms of Article 3(2) of the Convention, 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. In the absence of any further information on this matter, the Committee reiterates its request to the Government to indicate the time and resources devoted by labour inspectors to their primary duties, as set out in Article 3(1) of the Convention, in proportion to those allocated to the resolution of disputes. It 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 Committee notes the Government’s indication that the adoption of Act No. 1/11 of 24 November 2020 revising Legislative Decree No. 1/037 of 7 July 1993, which revised the Labour Code, was undertaken through tripartite consultation. The Committee also notes that, according to the COSYBU, there is no framework for collaboration between the labour inspection services and employers’ and workers’ organizations. The Committee once again requests the Government to provide further information on the measures taken or envisaged for the implementation of such collaboration in practice. It once again requests the Government to pursue its efforts to strengthen collaboration frameworks between the labour inspection services and the social partners.

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 notes the distribution of labour inspectors at the level of the provinces. The Committee notes that the number of labour inspectors has not changed since 2023. The Committee also notes the Government’s reiterated indication that the numbers of labour inspectors are inadequate. The Government adds that inspectors do not receive training when entering the service, but that training is planned by the African Regional Centre for Labour Administration (CRADAT). The Government reiterates that difficulties arise in the application of the Convention in relation to the scarcity of training and capacity-building for labour inspectors. The Committee therefore once again 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 ensure that they receive adequate training for the discharge of their duties, including the type of any training that is envisaged, the number of participants and its duration.

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 that section 23 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 labour inspectors shall benefit from the reimbursement of all travel expenses and any additional expenditure necessary for the discharge of their duties. However, the Committee notes that, according to the Government, there is still a lack of means of transport. The Committee also notes that the COSYBU considers that inspections are rare. The Committee therefore once again requests the Government to take all the necessary measures to ensure that labour inspectors have the necessary means of transport and material resources so that workplaces are inspected as often and as thoroughly as necessary, in accordance with Article 16 of the Convention. It once again requests the Government to provide further information on the measures taken for this purpose.

Articles 17 and 18. Prompt legal proceedings without previous warning. Penalties. The Committee previously noted 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. The Committee notes that section 630 of the Labour Code provides that any person who obstructs by any means whatsoever the performance of the duties of labour inspectors shall be liable to a fine of from 50,000 Burundian francs (around US$17) to 100,000 Burundian francs (around US$35). The Committee therefore once again requests the Government to provide information on the effect given in practice to section 423 of the Labour Code, including the number of violations detected by labour inspectors, the violation notices drawn up, the cases referred to the courts and the penalties imposed. The Committee also requests the Government to provide information on the application in practice of section 630 of the Labour Code and to supply statistics on the number of fines imposed in response to reported obstructions. The Committee once again requests the Government to take all the necessary measures to ensure that, in accordance with Article 18 of the Convention, the penalties envisaged in the national legislation for violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties are effectively enforced.

Articles 20 and 21. Annual labour inspection report. The Committee previously noted that, in accordance with section 432 of the Labour Code, the general labour and social security inspection authority publishes a general report each year 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. The Committee further requests the Government to provide information on the practical measures adopted in this regard and, while awaiting the publication of the annual report, to provide the available statistical data.