Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU) received in 2015 regarding the lack of material resources of the labour inspection services.

Article 3 of the Convention. Duties of labour inspectors. The Committee notes that, in reply to its previous request regarding the need to ensure, as established in Article 3(2), that any further duties entrusted to labour inspectors do not interfere with the effective performance of their primary duties, the Government merely reiterates that, in addition to the duties of labour inspection set out in section 156 of the Labour Code (which correspond to the primary duties set out in Article 3(1) of the Convention), inspectors are responsible for resolving labour disputes. The Committee notes that these additional duties regarding the resolution of disputes are provided for in sections 181 et seq. (individual disputes) and 191 et seq. (collective disputes) of the Labour Code. It recalls that, according to its most recent analysis of available information, in practice the labour inspectorate has deviated from its primary role and is focused on dispute resolution. In the absence of information demonstrating that this trend has been reversed, the Committee urges the Government to take the necessary measures to ensure that the additional duties entrusted to labour inspectors, particularly for the settlement of disputes, do not interfere with the performance of their primary duties as specified in Article 3(1). It also requests the Government to provide information on the measures taken in this regard and on the time and resources dedicated by labour inspectors to their various duties.

Article 7. Recruitment and training of labour inspectors. The Committee notes the Government’s indication that the specific duties of labour inspectors are not taken into account in their recruitment and that labour inspectors received training until 2014. The Committee recalls that under Article 7, labour inspectors shall be recruited with sole regard to their qualifications for the performance of their duties and shall be adequately trained for the performance of their duties. The Committee requests the Government to take the necessary measures to improve recruitment and to ensure adequate and continued training of inspectors.

Article 10. Sufficient numbers of labour inspectors. The Committee notes the information provided by the Government regarding the composition of staff of the labour inspectorate (11 labour inspectors responsible for the monitoring of the application of legal and regulatory provisions and the resolution of labour disputes and three labour controllers responsible for gathering labour statistics). The Committee recalls that, under Article 10, the human resources assigned to the inspection services must be determined on the basis of relevant information, and particularly: the number, nature, size and situation of the enterprises or establishments liable to inspection; the number and classes of workers employed in these enterprises or establishments; and the number and the complexity of the legal provisions to be enforced. The Committee requests the Government to provide information on this subject.

Articles 11 and 16. Material resources and inspection visits. The Committee notes the information provided by the Government in reply to its previous request regarding the resources available to labour inspectors for the performance of their duties. In this regard, the Government emphasizes that inspections are not carried out as thoroughly as necessary because the labour inspectors do not have sufficient means of transport and material resources. The Committee requests the Government to take the necessary measures to improve the means of transport and material resources available to inspectors for the effective performance of their duties and to provide information on the measures taken in this respect.

Articles 20 and 21. Annual inspection report. The Committee notes that the annual report has not been communicated to the ILO. The Committee requests the Government to take the necessary measures to ensure that the central inspection authority publishes an annual report on the work of the inspection services under its control, containing information on the matters set out in Article 21(a)–(g) of the Convention, and that this report is communicated to the ILO in the form and within the time limits set out in Article 20.