Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s reports on Convention No. 81, due since 2012, and on Convention No. 150, due since 2018, have not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Conventions on the basis of the information at its disposal.

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

Labour Inspection Convention, 1947 (No. 81)

Application of the Convention in law and in practice. The Committee notes the adoption of Order No. 21399 of 16 August 2021 on the responsibilities and organization of the departmental labour directorates, which, inter alia, determines the responsibilities of the head of the labour inspectorate. The Committee also notes that a Decent Work Country Programme (DWCP) 2018–22 has been developed in collaboration with the Office. The Committee notes that one of the priority actions to strengthen the social dialogue capacities of actors in the world of work is the restructuring of the labour administration to increase its efficiency (outcome 2.4). Aware of the country’s budgetary difficulties, the Committee observes that the Government has not provided detailed information on the legislative framework and the implementation of the Convention for many years. Thus, the Committee is lacking important details for the examination of the labour inspection system in the country. The Committee therefore urges the Government to provide, in its next report, any information to enable it to assess the degree of application of the Convention in law and practice. This should include information on:

• (i) the organization of the labour inspectorate, including the updated geographical distribution of the number of officials empowered with inspection functions (Articles 2, 4, and 10);
• (ii) the proportion of inspectors’ enforcement activities vis-à-vis their conciliation activities (Article 3(1) and (2));
• (iii) the cooperation established between the labour inspector services and other government services (Article 5(a)) and collaboration with employers’ and workers’ organizations (Article 5(b));
• (iv) the frequency and content of, and number of participants in training provided to labour inspectors throughout their career (Article 7(3));
• (v) the conditions of service of inspection staff, including progress in adopting a special status for labour inspectors (Article 6);
• (vi) the financial resources, means of action and transport available to the labour inspectorate (Article 11);
• (vii) the measures taken to ensure that cases of occupational disease are notified to the labour inspectorate (Article 14).

In addition, the Committee urges the Government to take the necessary measures to ensure that annual reports on the activities of the labour inspectorate are published and communicated regularly to the ILO, within the time lines set out in Article 20, and that they contain the following information, as set out under Article 21: (a) laws and regulations relevant to the work of the inspection service; (b) number and composition of staff of the labour inspection service, in accordance with the requirements of Articles 6, 7, 8, 9 and 10; (c) statistics of workplaces liable to inspection and the number of workers employed therein; (d) statistics of inspection visits in accordance with the requirements of Article 16; (e) statistics of violations and penalties imposed in accordance with the requirements of Articles 13, 17 and 18; and (f) and (g) statistics of industrial accidents and occupational diseases in accordance with the requirements of Article 14.

The Committee also requests the Government to provide information on the progress made regarding the revision of the Labour Code and to provide a copy of the draft law.

The Committee once again reminds the Government of the possibility of availing itself of ILO technical assistance and of requesting, within the framework of international financial cooperation, financial support in order to ensure the establishment and operation of the labour inspection system, and would be grateful for information on any progress made or difficulties encountered.

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1, 4, 5, 6, 8 and 10 of the Convention. Structure and operation of the labour administration. Noting the above-mentioned DWCP 2018–22, the Committee observes an absence of up-to-date information on the structure and operation of the system of labour administration. Aware of the complex socioeconomic context, the Committee urges the Government to provide in its next report information on all the following points:

• (i) the updated structure of labour administration at central, regional and local levels and the organizational charts of the bodies provided for in Decree No. 2009-469 (Article 1);
• (ii) measures taken to ensure the effective organization of the labour administration in the territory and the coordination between the central administration and the departmental directorates (Article 4);
• (iii) consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers carried out within the social dialogue tripartite bodies at the national, regional and local levels for the implementation of the provisions of the Convention (Article 5);
• (iv) the responsibilities of the competent bodies within the system of labour administration relating to the preparation, administration, coordination, checking and review of national employment policy (Article 6);
• (v) the composition and activities carried out by the technical advisory committee on international labour standards, the issues which led to consultations within the committee and the results thereof (Article 8).

Referring to its comments above concerning the application of Articles 6 and 11 of Convention No. 81, the Committee requests the Government to provide information on the measures taken to ensure that the staff of the labour administration system have the status, material means and financial resources necessary for the effective performance of their duties, in accordance with Article 10 of the Convention.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Absence of practical information to enable the Committee to assess the operation of the labour inspectorate in relation to the provisions of the Convention and relevant national laws. The Committee notes the updated information regarding the number and geographical distribution by category of labour inspection staff. It notes, by comparison with the data given in the report received from the Government in 2008, a substantial reduction in labour inspection staff, in particular labour inspectors (from 75 to 55) and principal controllers (from 96 to 72). The Committee recalls that, according to Article 10, in order to secure the effective discharge of the duties of the labour inspectorate, the number of labour inspectors must be determined with due regard to the importance of the duties which inspectors have to perform, in particular the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out.

While the laws and regulations concerning labour inspection and its mandate and prerogatives are available, it must be noted that there are no numerical data on other areas defined in Article 10 and, as the Government admits, there are no specific measures for giving effect to the provisions of Article 11 concerning the material conditions of work of labour inspectors, who do not have access to the transport facilities required for them to carry out their duties. The Committee notes, on the other hand, that according to the Government, inspectors’ travel and related costs are reimbursed by the competent authority on presentation of invoices, which was not always the case, according to the report received in 2008.

The Committee once again requests the Government to provide in its next report all the available information needed to assess the application of the Convention in law and in practice. This information should cover, among other matters: (i) the up-to-date geographical distribution of public officials responsible for labour inspection as defined in Article 3(1) of the Convention; (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career advancement in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors visit enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Committee also requests the Government to communicate a copy of any inspection activity reports originating from regional directorates, including the reports cited in the Government’s reports sent to the ILO in 2008 and 2011; a copy of the draft or final text of the regulations relating to the status and conditions of service of labour inspectors; copies of the proposed amendments to the Labour Code, and of the memorandum which was reportedly sent to the ILO and is intended to improve the functioning of the labour inspection service.

In order to establish a labour inspection system that will respond to the social and economic goals which are the object of the Convention, the Committee urges the Government to make every effort to adopt the measures needed to implement the measures described in the Committee’s general observations made in 2007 (concerning the need for effective cooperation between the labour inspection service and the judicial system), in 2009 (concerning the need for statistics on industrial and commercial workplaces subject to labour inspection and the number of workers covered, and 2010 (concerning publication of the content of an annual report on the functioning of the labour inspection system). The Committee recalls once again the possibility of obtaining technical assistance from the ILO and of requesting, within the context of international financial cooperation, financial assistance in order to give the necessary impetus to the establishment and operation of the labour inspection system, and would be grateful for any information on progress made and difficulties encountered.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Absence of practical information to enable the Committee to assess the operation of the labour inspectorate in relation to the provisions of the Convention and relevant national laws. The Committee notes the updated information regarding the number and geographical distribution by category of labour inspection staff. It notes, by comparison with the data given in the report received from the Government in 2008, a substantial reduction in labour inspection staff, in particular labour inspectors (from 75 to 55) and principal controllers (from 96 to 72). The Committee recalls that, according to Article 10, in order to secure the effective discharge of the duties of the labour inspectorate, the number of labour inspectors must be determined with due regard to the importance of the duties which inspectors have to perform, in particular the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out.

While the laws and regulations concerning labour inspection and its mandate and prerogatives are available, it must be noted that there are no numerical data on other areas defined in Article 10 and, as the Government admits, there are no specific measures for giving effect to the provisions of Article 11 concerning the material conditions of work of labour inspectors, who do not have access to the transport facilities required for them to carry out their duties. The Committee notes, on the other hand, that according to the Government, inspectors’ travel and related costs are reimbursed by the competent authority on presentation of invoices, which was not always the case, according to the report received in 2008.

The Committee once again requests the Government to provide in its next report all the available information needed to assess the application of the Convention in law and in practice. This information should cover, among other matters: (i) the up-to-date geographical distribution of public officials responsible for labour inspection as defined in Article 3(1) of the Convention; (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career advancement in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors visit enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Committee also requests the Government to communicate a copy of any inspection activity reports originating from regional directorates, including the reports cited in the Government’s reports sent to the ILO in 2008 and 2011; a copy of the draft or final text of the regulations relating to the status and conditions of service of labour inspectors; copies of the proposed amendments to the Labour Code, and of the memorandum which was reportedly sent to the ILO and is intended to improve the functioning of the labour inspection service.

In order to establish a labour inspection system that will respond to the social and economic goals which are the object of the Convention, the Committee urges the Government to make every effort to adopt the measures needed to implement the measures described in the Committee’s general observations made in 2007 (concerning the need for effective cooperation between the labour inspection service and the judicial system), in 2009 (concerning the need for statistics on industrial and commercial workplaces subject to labour inspection and the number of workers covered, and 2010 (concerning publication of the content of an annual report on the functioning of the labour inspection system). The Committee recalls once again the possibility of obtaining technical assistance from the ILO and of requesting, within the context of international financial cooperation, financial assistance in order to give the necessary impetus to the establishment and operation of the labour inspection system, and would be grateful for any information on progress made and difficulties encountered.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2011.

Repetition

Absence of practical information to enable the Committee to assess the operation of the labour inspectorate in relation to the provisions of the Convention and relevant national laws. The Committee notes the updated information regarding the number and geographical distribution by category of labour inspection staff. It notes, by comparison with the data given in the report received from the Government in 2008, a substantial reduction in labour inspection staff, in particular labour inspectors (from 75 to 55) and principal controllers (from 96 to 72). The Committee recalls that, according to Article 10, in order to secure the effective discharge of the duties of the labour inspectorate, the number of labour inspectors must be determined with due regard to the importance of the duties which inspectors have to perform, in particular the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out.

While the laws and regulations concerning labour inspection and its mandate and prerogatives are available, it must be noted that there are no numerical data on other areas defined in Article 10 and, as the Government admits, there are no specific measures for giving effect to the provisions of Article 11 concerning the material conditions of work of labour inspectors, who do not have access to the transport facilities required for them to carry out their duties. The Committee notes, on the other hand, that according to the Government, inspectors’ travel and related costs are reimbursed by the competent authority on presentation of invoices, which was not always the case, according to the report received in 2008.

The Committee once again requests the Government to provide in its next report all the available information needed to assess the application of the Convention in law and in practice. This information should cover, among other matters: (i) the up-to-date geographical distribution of public officials responsible for labour inspection as defined in Article 3(1) of the Convention; (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career advancement in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors visit enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Committee also requests the Government to communicate a copy of any inspection activity reports originating from regional directorates, including the reports cited in the Government’s reports sent to the ILO in 2008 and 2011; a copy of the draft or final text of the regulations relating to the status and conditions of service of labour inspectors; copies of the proposed amendments to the Labour Code, and of the memorandum which was reportedly sent to the ILO and is intended to improve the functioning of the labour inspection service.

In order to establish a labour inspection system that will respond to the social and economic goals which are the object of the Convention, the Committee urges the Government to make every effort to adopt the measures needed to implement the measures described in the Committee’s general observations made in 2007 (concerning the need for effective cooperation between the labour inspection service and the judicial system), in 2009 (concerning the need for statistics on industrial and commercial workplaces subject to labour inspection and the number of workers covered, and 2010 (concerning publication of the content of an annual report on the functioning of the labour inspection system). The Committee recalls once again the possibility of obtaining technical assistance from the ILO and of requesting, within the context of international financial cooperation, financial assistance in order to give the necessary impetus to the establishment and operation of the labour inspection system, and would be grateful for any information on progress made and difficulties encountered.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 4, 5, 6 and 8 of the Convention. Structure and operation of the administration system. The Committee notes the information provided by the Government concerning the structure and competencies of the Ministry of Labour and Social Security. The Committee also notes the Government’s indications concerning the composition and competencies of the Technical Advisory Committee on international labour standards. The Committee requests the Government to provide the ILO in its next report with a copy of Decree No. 2009-469 of 24 December 2009 establishing the structure of the Ministry of Labour and Social Security (Articles 1, 4, 5 and 6). The Government is also requested to provide further information on the composition of the Technical Advisory Committee on international labour standards, and also to supply any document or report on the issues which gave rise to the consultations within this body (Article 8).

Article 10. Status, material means and financial resources necessary for the effective performance of duties by staff. The Government indicates that it has opted for a review of the General Public Service Regulations, and that the draft regulations for the various branches of the public administration will be examined by the ministries responsible for the public service and for state reform and by the Ministry of Finance. While noting this information, the Committee requests the Government to keep the ILO informed of any developments on this matter and to send copies of the General Public Service Regulations, and also of the regulations for the various branches of the Ministry of Labour and Social Security, once they have been adopted (Article 10 of the Convention).

Financial resources for meeting the obligations of the Convention. In reply to the Committee’s previous comments, the Government indicates that it is aware of the role and importance of the labour administration, and that it intends to do everything possible to avail itself of cooperation from the ILO and any other body or institution ready to contribute towards strengthening the capacities of its departments and of the staff in the labour administration branch. However, the Committee notes that the Government’s report does not contain any information on any specific measures taken by the Government to acquire greater financial assistance in the context of international cooperation, with a view to establishing a progressive process for meeting the needs in terms of human resources, materials and logistics for discharging the duties of the labour administration, as defined by Article 6. The Committee requests the Government to send a copy of the memorandum referred to in its report and to keep it informed, if applicable, of any measures taken to acquire greater financial assistance in the context of international cooperation. It also requests the Government to indicate any measures taken or contemplated with a view to the application in law and in practice of the provisions of the Convention and to send a copy of any relevant legal texts.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Absence of practical information to enable the Committee to assess the operation of the labour inspectorate in relation to the provisions of the Convention and relevant national laws. The Committee notes the updated information regarding the number and geographical distribution by category of labour inspection staff. It notes, by comparison with the data given in the report received from the Government in 2008, a substantial reduction in labour inspection staff, in particular labour inspectors (from 75 to 55) and principal controllers (from 96 to 72). The Committee recalls that, according to Article 10, in order to secure the effective discharge of the duties of the labour inspectorate, the number of labour inspectors must be determined with due regard to the importance of the duties which inspectors have to perform, in particular the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out.

While the laws and regulations concerning labour inspection and its mandate and prerogatives are available, it must be noted that there are no numerical data on other areas defined in Article 10 and, as the Government admits, there are no specific measures for giving effect to the provisions of Article 11 concerning the material conditions of work of labour inspectors, who do not have access to the transport facilities required for them to carry out their duties. The Committee notes, on the other hand, that according to the Government, inspectors’ travel and related costs are reimbursed by the competent authority on presentation of invoices, which was not always the case, according to the report received in 2008.

The Committee once again requests the Government to provide in its next report all the available information needed to assess the application of the Convention in law and in practice. This information should cover, among other matters: (i) the up-to-date geographical distribution of public officials responsible for labour inspection as defined in Article 3(1) of the Convention; (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career advancement in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors visit enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Committee also requests the Government to communicate a copy of any inspection activity reports originating from regional directorates, including the reports cited in the Government’s reports sent to the ILO in 2008 and 2011; a copy of the draft or final text of the regulations relating to the status and conditions of service of labour inspectors; copies of the proposed amendments to the Labour Code, and of the memorandum which was reportedly sent to the ILO and is intended to improve the functioning of the labour inspection service.

In order to establish a labour inspection system that will respond to the social and economic goals which are the object of the Convention, the Committee urges the Government to make every effort to adopt the measures needed to implement the measures described in the Committee’s general observations made in 2007 (concerning the need for effective cooperation between the labour inspection service and the judicial system), in 2009 (concerning the need for statistics on industrial and commercial workplaces subject to labour inspection and the number of workers covered, and 2010 (concerning publication of the content of an annual report on the functioning of the labour inspection system). The Committee recalls once again the possibility of obtaining technical assistance from the ILO and of requesting, within the context of international financial cooperation, financial assistance in order to give the necessary impetus to the establishment and operation of the labour inspection system, and would be grateful for any information on progress made and difficulties encountered.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 4, 5, 6 and 8 of the Convention. Structure and operation of the administration system. The Committee notes the information provided by the Government concerning the structure and competencies of the Ministry of Labour and Social Security. However, it notes that the copy of Decree No. 2009-469 of 24 December 2009 establishing the structure of this Ministry is not attached to the report. The Committee also notes the Government’s indications concerning the composition and competencies of the Technical Advisory Committee on international labour standards. The Committee requests the Government to provide the ILO in its next report with a copy of Decree No. 2009-469 of 24 December 2009 establishing the structure of the Ministry of Labour and Social Security (Articles 1, 4, 5 and 6). The Government is also requested to provide further information on the composition of the Technical Advisory Committee on international labour standards, and also to supply any document or report on the issues which gave rise to the consultations within this body (Article 8).

Article 10. Status, material means and financial resources necessary for the effective performance of duties by staff. The Government indicates that it has opted for a review of the General Public Service Regulations, and that the draft regulations for the various branches of the public administration will be examined by the ministries responsible for the public service and for state reform and by the Ministry of Finance. While noting this information, the Committee requests the Government to keep the ILO informed of any developments on this matter and to send copies of the General Public Service Regulations, and also of the regulations for the various branches of the Ministry of Labour and Social Security, once they have been adopted (Article 10 of the Convention).

Financial resources for meeting the obligations of the Convention. In reply to the Committee’s previous comments, the Government indicates that it is aware of the role and importance of the labour administration, and that it intends to do everything possible to avail itself of cooperation from the ILO and any other body or institution ready to contribute towards strengthening the capacities of its departments and of the staff in the labour administration branch. However, the Committee notes that the Government’s report does not contain any information on any specific measures taken by the Government to acquire greater financial assistance in the context of international cooperation, with a view to establishing a progressive process for meeting the needs in terms of human resources, materials and logistics for discharging the duties of the labour administration, as defined by Article 6. The Committee requests the Government to send a copy of the memorandum referred to in its report and to keep it informed, if applicable, of any measures taken to acquire greater financial assistance in the context of international cooperation. It also requests the Government to indicate any measures taken or contemplated with a view to the application in law and in practice of the provisions of the Convention and to send a copy of any relevant legal texts.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It is therefore bound to repeat its previous comments.

Repetition

Absence of practical information to enable the Committee to assess the operation of the labour inspectorate in relation to the provisions of the Convention and relevant national laws. The Committee notes the updated information regarding the number and geographical distribution by category of labour inspection staff. It notes, by comparison with the data given in the report received from the Government in 2008, a substantial reduction in labour inspection staff, in particular labour inspectors (from 75 to 55) and principal controllers (from 96 to 72). The Committee recalls that, according to Article 10, in order to secure the effective discharge of the duties of the labour inspectorate, the number of labour inspectors must be determined with due regard to the importance of the duties which inspectors have to perform, in particular the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out.

While the laws and regulations concerning labour inspection and its mandate and prerogatives are available, it must be noted that there are no numerical data on other areas defined in Article 10 and, as the Government admits, there are no specific measures for giving effect to the provisions of Article 11 concerning the material conditions of work of labour inspectors, who do not have access to the transport facilities required for them to carry out their duties. The Committee notes, on the other hand, that according to the Government, inspectors’ travel and related costs are reimbursed by the competent authority on presentation of invoices, which was not always the case, according to the report received in 2008.

The Committee once again requests the Government to provide in its next report all the available information needed to assess the application of the Convention in law and in practice. This information should cover, among other matters: (i) the up-to-date geographical distribution of public officials responsible for labour inspection as defined in Article 3(1) of the Convention; (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career advancement in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors visit enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Committee also requests the Government to communicate a copy of any inspection activity reports originating from regional directorates, including the reports cited in the Government’s reports sent to the ILO in 2008 and 2011; a copy of the draft or final text of the regulations relating to the status and conditions of service of labour inspectors; copies of the proposed amendments to the Labour Code, and of the memorandum which was reportedly sent to the ILO and is intended to improve the functioning of the labour inspection service.

In order to establish a labour inspection system that will respond to the social and economic goals which are the object of the Convention, the Committee urges the Government to make every effort to adopt the measures needed to implement the measures described in the Committee’s general observations made in 2007 (concerning the need for effective cooperation between the labour inspection service and the judicial system), in 2009 (concerning the need for statistics on industrial and commercial workplaces subject to labour inspection and the number of workers covered, and 2010 (concerning publication of the content of an annual report on the functioning of the labour inspection system). The Committee recalls once again the possibility of obtaining technical assistance from the ILO and of requesting, within the context of international financial cooperation, financial assistance in order to give the necessary impetus to the establishment and operation of the labour inspection system, and would be grateful for any information on progress made and difficulties encountered.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 4, 5, 6 and 8 of the Convention. Structure and operation of the administration system. The Committee notes the information provided by the Government concerning the structure and competencies of the Ministry of Labour and Social Security. However, it notes that the copy of Decree No. 2009-469 of 24 December 2009 establishing the structure of this Ministry is not attached to the report. The Committee also notes the Government’s indications concerning the composition and competencies of the Technical Advisory Committee on international labour standards. The Committee requests the Government to provide the ILO in its next report with a copy of Decree No. 2009-469 of 24 December 2009 establishing the structure of the Ministry of Labour and Social Security (Articles 1, 4, 5 and 6). The Government is also requested to provide further information on the composition of the Technical Advisory Committee on international labour standards, and also to supply any document or report on the issues which gave rise to the consultations within this body (Article 8).

Article 10. Status, material means and financial resources necessary for the effective performance of duties by staff. The Government indicates that it has opted for a review of the General Public Service Regulations, and that the draft regulations for the various branches of the public administration will be examined by the ministries responsible for the public service and for state reform and by the Ministry of Finance. While noting this information, the Committee requests the Government to keep the ILO informed of any developments on this matter and to send copies of the General Public Service Regulations, and also of the regulations for the various branches of the Ministry of Labour and Social Security, once they have been adopted (Article 10 of the Convention).

Part V of the report form. Financial resources for meeting the obligations of the Convention. In reply to the Committee’s previous comments, the Government indicates that it is aware of the role and importance of the labour administration, and that it intends to do everything possible to avail itself of cooperation from the ILO and any other body or institution ready to contribute towards strengthening the capacities of its departments and of the staff in the labour administration branch. However, the Committee notes that the Government’s report does not contain any information on any specific measures taken by the Government to acquire greater financial assistance in the context of international cooperation, with a view to establishing a progressive process for meeting the needs in terms of human resources, materials and logistics for discharging the duties of the labour administration, as defined by Article 6. The Committee requests the Government to send a copy of the memorandum referred to in its report and to keep it informed, if applicable, of any measures taken to acquire greater financial assistance in the context of international cooperation. It also requests the Government to indicate any measures taken or contemplated with a view to the application in law and in practice of the provisions of the Convention and to send a copy of any relevant legal texts.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Absence of practical information to enable the Committee to assess the operation of the labour inspectorate in relation to the provisions of the Convention and relevant national laws. The Committee notes the updated information regarding the number and geographical distribution by category of labour inspection staff. It notes, by comparison with the data given in the report received from the Government in 2008, a substantial reduction in labour inspection staff, in particular labour inspectors (from 75 to 55) and principal controllers (from 96 to 72). The Committee recalls that, according to Article 10, in order to secure the effective discharge of the duties of the labour inspectorate, the number of labour inspectors must be determined with due regard to the importance of the duties which inspectors have to perform, in particular the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out.

While the laws and regulations concerning labour inspection and its mandate and prerogatives are available, it must be noted that there are no numerical data on other areas defined in Article 10 and, as the Government admits, there are no specific measures for giving effect to the provisions of Article 11 concerning the material conditions of work of labour inspectors, who do not have access to the transport facilities required for them to carry out their duties. The Committee notes, on the other hand, that according to the Government, inspectors’ travel and related costs are reimbursed by the competent authority on presentation of invoices, which was not always the case, according to the report received in 2008.

The Committee once again requests the Government to provide in its next report all the available information needed to assess the application of the Convention in law and in practice. This information should cover, among other matters: (i) the up-to-date geographical distribution of public officials responsible for labour inspection as defined in Article 3(1) of the Convention; (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career advancement in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors visit enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Committee also requests the Government to communicate a copy of any inspection activity reports originating from regional directorates, including the reports cited in the Government’s reports sent to the ILO in 2008 and 2011; a copy of the draft or final text of the regulations relating to the status and conditions of service of labour inspectors; copies of the proposed amendments to the Labour Code, and of the memorandum which was reportedly sent to the ILO and is intended to improve the functioning of the labour inspection service.

In order to establish a labour inspection system that will respond to the social and economic goals which are the object of the Convention, the Committee urges the Government to make every effort to adopt the measures needed to implement the measures described in the Committee’s general observations made in 2007 (concerning the need for effective cooperation between the labour inspection service and the judicial system), in 2009 (concerning the need for statistics on industrial and commercial workplaces subject to labour inspection and the number of workers covered, and 2010 (concerning publication of the content of an annual report on the functioning of the labour inspection system). The Committee recalls once again the possibility of obtaining technical assistance from the ILO and of requesting, within the context of international financial cooperation, financial assistance in order to give the necessary impetus to the establishment and operation of the labour inspection system, and would be grateful for any information on progress made and difficulties encountered.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

Absence of practical information to enable the Committee to assess the operation of the labour inspectorate in relation to the provisions of the Convention and relevant national laws. The Committee notes that the report provided by the Government on the manner in which the Convention is given effect in law to a large extent reproduces the report received in 2008.

The Committee notes the updated information regarding the number and geographical distribution by category of labour inspection staff. It notes, by comparison with the data given in the report received from the Government in 2008, a substantial reduction in labour inspection staff, in particular labour inspectors (from 75 to 55) and principal controllers (from 96 to 72). The Committee recalls that, according to Article 10, in order to secure the effective discharge of the duties of the labour inspectorate, the number of labour inspectors must be determined with due regard to the importance of the duties which inspectors have to perform, in particular the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out.

While the laws and regulations concerning labour inspection and its mandate and prerogatives are available, it must be noted that there are no numerical data on other areas defined in Article 10 and, as the Government admits, there are no specific measures for giving effect to the provisions of Article 11 concerning the material conditions of work of labour inspectors, who do not have access to the transport facilities required for them to carry out their duties. The Committee notes, on the other hand, that according to the Government, inspectors’ travel and related costs are reimbursed by the competent authority on presentation of invoices, which was not always the case, according to the report received in 2008.

With regard to the tools needed to assess the operation of the labour inspection system in practice, namely, the reports on inspection activities (Article 19) and the annual report of the central inspection authority, which under the terms of Articles 20 and 21 has to be published and transmitted to the ILO, the Committee notes with regret that none of the regional labour inspection activity reports referred to by the Government as having been transmitted to the Office since the date of ratification of this Convention has actually been received to date. Furthermore, the Government has not communicated a copy of Decree No. 2009 469 of 24 December 2009 concerning the organization of the Ministry of Labour and Social Security.

The Committee notes, however, that the Government is preparing a memorandum with a view to improving the functioning of the labour inspection service and that the Labour Code is currently being revised, in particular with regard to the powers and prerogatives of the labour inspectors.

The Committee also notes that the Government refers for the first time to a draft text on the status and conditions of service of labour inspectors (Article 6), which was supposedly drawn up in 2000 and submitted to the ministry responsible for the civil service. According to the Government, the final examination of that draft will depend on the revision now under way of the general civil service statutes. The Committee notes that this document has not been received by the Office, although according to the Government it was transmitted.

The Committee once again requests the Government to provide in its next report all the available information needed to assess the application of the Convention in law and in practice. This information should cover, among other matters: (i) the up-to-date geographical distribution of public officials responsible for labour inspection as defined in Article 3(1) of the Convention; (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career advancement in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors visit enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Committee also requests the Government to communicate a copy of any inspection activity reports originating from regional directorates, including the reports cited in the Government’s reports sent to the ILO in 2008 and 2011; a copy of the draft or final text of the regulations relating to the status and conditions of service of labour inspectors; copies of the proposed amendments to the Labour Code, and of the memorandum which was reportedly sent to the ILO and is intended to improve the functioning of the labour inspection service.

In order to establish a labour inspection system that will respond to the social and economic goals which are the object of the Convention, the Committee urges the Government to make every effort to adopt the measures needed to implement the measures described in the Committee’s general observations made in 2007 (concerning the need for effective cooperation between the labour inspection service and the judicial system), in 2009 (concerning the need for statistics on industrial and commercial workplaces subject to labour inspection and the number of workers covered, and 2010 (concerning publication of the content of an annual report on the functioning of the labour inspection system). The Committee recalls once again the possibility of obtaining technical assistance from the ILO and of requesting, within the context of international financial cooperation, financial assistance in order to give the necessary impetus to the establishment and operation of the labour inspection system, and would be grateful for any information on progress made and difficulties encountered.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Absence of practical information to enable the Committee to assess the operation of the labour inspectorate in relation to the provisions of the Convention and relevant national laws. The Committee notes that the report provided by the Government on the manner in which the Convention is given effect in law to a large extent reproduces the report received in 2008.

The Committee notes the updated information regarding the number and geographical distribution by category of labour inspection staff. It notes, by comparison with the data given in the report received from the Government in 2008, a substantial reduction in labour inspection staff, in particular labour inspectors (from 75 to 55) and principal controllers (from 96 to 72). The Committee recalls that, according to Article 10, in order to secure the effective discharge of the duties of the labour inspectorate, the number of labour inspectors must be determined with due regard to the importance of the duties which inspectors have to perform, in particular the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out.

While the laws and regulations concerning labour inspection and its mandate and prerogatives are available, it must be noted that there are no numerical data on other areas defined in Article 10 and, as the Government admits, there are no specific measures for giving effect to the provisions of Article 11 concerning the material conditions of work of labour inspectors, who do not have access to the transport facilities required for them to carry out their duties. The Committee notes, on the other hand, that according to the Government, inspectors’ travel and related costs are reimbursed by the competent authority on presentation of invoices, which was not always the case, according to the report received in 2008.

With regard to the tools needed to assess the operation of the labour inspection system in practice, namely, the reports on inspection activities (Article 19) and the annual report of the central inspection authority, which under the terms of Articles 20 and 21 has to be published and transmitted to the ILO, the Committee notes with regret that none of the regional labour inspection activity reports referred to by the Government as having been transmitted to the Office since the date of ratification of this Convention has actually been received to date. Furthermore, the Government has not communicated a copy of Decree No. 2009 469 of 24 December 2009 concerning the organization of the Ministry of Labour and Social Security.

The Committee notes, however, that the Government is preparing a memorandum with a view to improving the functioning of the labour inspection service and that the Labour Code is currently being revised, in particular with regard to the powers and prerogatives of the labour inspectors.

The Committee also notes that the Government refers for the first time to a draft text on the status and conditions of service of labour inspectors (Article 6), which was supposedly drawn up in 2000 and submitted to the ministry responsible for the civil service. According to the Government, the final examination of that draft will depend on the revision now under way of the general civil service statutes. The Committee notes that this document has not been received by the Office, although according to the Government it was transmitted.

The Committee once again requests the Government to provide in its next report all the available information needed to assess the application of the Convention in law and in practice. This information should cover, among other matters: (i) the up-to-date geographical distribution of public officials responsible for labour inspection as defined in Article 3(1) of the Convention; (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career advancement in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors visit enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Committee also requests the Government to communicate a copy of any inspection activity reports originating from regional directorates, including the reports cited in the Government’s reports sent to the ILO in 2008 and 2011; a copy of the draft or final text of the regulations relating to the status and conditions of service of labour inspectors; copies of the proposed amendments to the Labour Code, and of the memorandum which was reportedly sent to the ILO and is intended to improve the functioning of the labour inspection service.

In order to establish a labour inspection system that will respond to the social and economic goals which are the object of the Convention, the Committee urges the Government to make every effort to adopt the measures needed to implement the measures described in the Committee’s general observations made in 2007 (concerning the need for effective cooperation between the labour inspection service and the judicial system), in 2009 (concerning the need for statistics on industrial and commercial workplaces subject to labour inspection and the number of workers covered, and 2010 (concerning publication of the content of an annual report on the functioning of the labour inspection system). The Committee recalls once again the possibility of obtaining technical assistance from the ILO and of requesting, within the context of international financial cooperation, financial assistance in order to give the necessary impetus to the establishment and operation of the labour inspection system, and would be grateful for any information on progress made and difficulties encountered.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1, 4, 5, 6 and 8 of the Convention. Structure and operation of the administration system. The Committee notes the information provided by the Government concerning the structure and competencies of the Ministry of Labour and Social Security. However, it notes that the copy of Decree No. 2009-469 of 24 December 2009 establishing the structure of this Ministry is not attached to the report. The Committee also notes the Government’s indications concerning the composition and competencies of the Technical Advisory Committee on international labour standards. The Committee requests the Government to provide the ILO in its next report with a copy of Decree No. 2009-469 of 24 December 2009 establishing the structure of the Ministry of Labour and Social Security (Articles 1, 4, 5 and 6). The Government is also requested to provide further information on the composition of the Technical Advisory Committee on international labour standards, and also to supply any document or report on the issues which gave rise to the consultations within this body (Article 8).

Article 10. Status, material means and financial resources necessary for the effective performance of duties by staff. The Government indicates that it has opted for a review of the General Public Service Regulations, and that the draft regulations for the various branches of the public administration will be examined by the ministries responsible for the public service and for state reform and by the Ministry of Finance. While noting this information, the Committee requests the Government to keep the ILO informed of any developments on this matter and to send copies of the General Public Service Regulations, and also of the regulations for the various branches of the Ministry of Labour and Social Security, once they have been adopted (Article 10 of the Convention).

Part V of the report form. Financial resources for meeting the obligations of the Convention. In reply to the Committee’s previous comments, the Government indicates that it is aware of the role and importance of the labour administration, and that it intends to do everything possible to avail itself of cooperation from the ILO and any other body or institution ready to contribute towards strengthening the capacities of its departments and of the staff in the labour administration branch. However, the Committee notes that the Government’s report does not contain any information on any specific measures taken by the Government to acquire greater financial assistance in the context of international cooperation, with a view to establishing a progressive process for meeting the needs in terms of human resources, materials and logistics for discharging the duties of the labour administration, as defined by Article 6. The Committee requests the Government to send a copy of the memorandum referred to in its report and to keep it informed, if applicable, of any measures taken to acquire greater financial assistance in the context of international cooperation. It also requests the Government to indicate any measures taken or contemplated with a view to the application in law and in practice of the provisions of the Convention and to send a copy of any relevant legal texts.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Absence of practical information to enable the Committee to assess the operation of the labour inspectorate in relation to the provisions of the Convention and relevant national laws. The Committee notes that the report provided by the Government on the manner in which the Convention is given effect in law to a large extent reproduces the report received in 2008.

The Committee notes the updated information regarding the number and geographical distribution by category of labour inspection staff. It notes, by comparison with the data given in the report received from the Government in 2008, a substantial reduction in labour inspection staff, in particular labour inspectors (from 75 to 55) and principal controllers (from 96 to 72). The Committee recalls that, according to Article 10, in order to secure the effective discharge of the duties of the labour inspectorate, the number of labour inspectors must be determined with due regard to the importance of the duties which inspectors have to perform, in particular the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out.

While the laws and regulations concerning labour inspection and its mandate and prerogatives are available, it must be noted that there are no numerical data on other areas defined in Article 10 and, as the Government admits, there are no specific measures for giving effect to the provisions of Article 11 concerning the material conditions of work of labour inspectors, who do not have access to the transport facilities required for them to carry out their duties. The Committee notes, on the other hand, that according to the Government, inspectors’ travel and related costs are reimbursed by the competent authority on presentation of invoices, which was not always the case, according to the report received in 2008.

With regard to the tools needed to assess the operation of the labour inspection system in practice, namely, the reports on inspection activities (Article 19) and the annual report of the central inspection authority, which under the terms of Articles 20 and 21 has to be published and transmitted to the ILO, the Committee notes with regret that none of the regional labour inspection activity reports referred to by the Government as having been transmitted to the Office since the date of ratification of this Convention has actually been received to date. Furthermore, the Government has not communicated a copy of Decree No. 2009 469 of 24 December 2009 concerning the organization of the Ministry of Labour and Social Security.

The Committee notes, however, that the Government is preparing a memorandum with a view to improving the functioning of the labour inspection service and that the Labour Code is currently being revised, in particular with regard to the powers and prerogatives of the labour inspectors.

The Committee also notes that the Government refers for the first time to a draft text on the status and conditions of service of labour inspectors (Article 6), which was supposedly drawn up in 2000 and submitted to the ministry responsible for the civil service. According to the Government, the final examination of that draft will depend on the revision now under way of the general civil service statutes. The Committee notes that this document has not been received by the Office, although according to the Government it was transmitted.

The Committee once again requests the Government to provide in its next report all the available information needed to assess the application of the Convention in law and in practice. This information should cover, among other matters: (i) the up-to-date geographical distribution of public officials responsible for labour inspection as defined in Article 3(1) of the Convention; (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career advancement in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors visit enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Committee also requests the Government to communicate a copy of any inspection activity reports originating from regional directorates, including the reports cited in the Government’s reports sent to the ILO in 2008 and 2011; a copy of the draft or final text of the regulations relating to the status and conditions of service of labour inspectors; copies of the proposed amendments to the Labour Code, and of the memorandum which was reportedly sent to the ILO and is intended to improve the functioning of the labour inspection service.

In order to establish a labour inspection system that will respond to the social and economic goals which are the object of the Convention, the Committee urges the Government to make every effort to adopt the measures needed to implement the measures described in the Committee’s general observations made in 2007 (concerning the need for effective cooperation between the labour inspection service and the judicial system), in 2009 (concerning the need for statistics on industrial and commercial workplaces subject to labour inspection and the number of workers covered, and 2010 (concerning publication of the content of an annual report on the functioning of the labour inspection system). The Committee recalls once again the possibility of obtaining technical assistance from the ILO and of requesting, within the context of international financial cooperation, financial assistance in order to give the necessary impetus to the establishment and operation of the labour inspection system, and would be grateful for any information on progress made and difficulties encountered.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 11 of the Convention. Working conditions of labour inspectors. The Committee notes that the staff of the labour inspectorate has been strengthened during the period since the report sent by the Government in 2004. However, it notes that no measures have been taken to improve the working conditions of inspectors and that they do not benefit from the transport facilities necessary for the discharge of their duties, nor the full reimbursement of their travelling and incidental expenses. The Government is requested to take the necessary measures to ensure that effect is given to the provisions of the above Article of the Convention and to provide information in its next report on any progress achieved in this respect, on the difficulties encountered and the solutions envisaged to overcome them.

Articles 19, 20 and 21. Reporting obligations on the inspection activities. With reference to its previous comments concerning information relating to the application in practice of the legal provisions giving effect to the Convention, the Committee notes that, contrary to the Government’s indication in its report received in 2004, no regional inspection report has been provided to the ILO. Furthermore, no annual report, as required by Articles 20 and 21 of the Convention, has been transmitted to the ILO. The Committee does not therefore have available the information that is essential on the operation of the labour inspection system in practice to allow it to monitor developments and provide support to the Government for its improvement in relation to the requirements of the Convention. The material and logistical situation described by the Government gives grounds for fearing, despite legislation that is in conformity on many points with the provisions of the Convention, that there is a significant gap between the extent of the needs for the supervision of conditions of work and the level of coverage that the inspection services are able to ensure. The Committee hopes that, so that it can fulfil its responsibilities, the Government will provide in its next report all the information available allowing it to assess the level of application of the Convention more than a decade after its ratification. This information should cover, among other matters: (i) the geographical distribution of the public officials responsible for inspection functions as defined in Article 3(1) of the Convention (the schedule announced by the Government in its report was not attached); (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services and the judiciary on the basis of the violations reported by the labour inspectorate; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career progression in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors travel to enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Government is also requested to indicate the nature of the obstacles or difficulties (of a financial, structural, political or other nature) encountered in the implementation in practice of its legislation respecting labour inspection and to describe the measures adopted or envisaged to resolve them (for example, seeking international financial cooperation, inter-institutional cooperation within the country, collaboration with the social partners; the adoption of specific conditions of service for labour inspectors, rationalization of the way in which the resources of the labour administration are used).

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

With reference to its previous comments, the Committee takes note of the Government’s report. It notes Decree No. 2003‑219 of 21 August 2003 to organize the Ministry of Labour, Employment and Social Security, and Decree No. 2000-29 of 17 March 2000 on the composition of the National Technical Committee on occupational safety and health and occupational risk prevention.

1. Financial obstacles to the implementation of the Convention. The Committee notes that, although financial constraints have prevented adoption of special regulations for the management and staff of the labour administration and any meetings of the abovementioned Technical Committee, the Government welcomes the benefits drawn from the technical seminars organized with support from the ILO and the African Regional Centre for Labour Administration (CRADAT), and would like this type of training to be continued.

2. Organization and working of the administration system. The Committee would be grateful if the Government would provide further information on the current working of the labour administration system; provide a copy of the Decree setting out the powers of the new Ministry; indicate the number, types and terms of reference of any tripartite consultative bodies reporting to the Ministry; describe the bodies comprising the Ministry both at central level and in external departments; indicate any other bodies accountable to the Ministry; provide copies of any legal texts, reports or other documents pertaining to the composition, terms of reference and working of the bodies comprising the labour administration system (Articles 1, 4, 5 and 6).

The Government is requested also to provide information on the composition of the Technical Advisory Committee on international labour standards and all the matters on which consultations were held in the Technical Committee (Article 8).

3. Financial resources for meeting the obligations of the Convention. Noting with concern that the working of the labour administration is still severely affected by a lack of resources and that, despite technical assistance from the ILO, no new resources have been assigned to it, the Committee requests the Government to consider seeking further financial assistance through international cooperation with a view gradually to covering the human, material and logistical resources the labour administration needs in order to carry out its functions, as defined in Article 6. It would be grateful if the Government would keep the Office informed of any steps taken to this end and on any measures taken or envisaged to apply the provisions of the Convention in law and in practice, and to provide copies of any relevant texts.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

The Committee notes the information provided by the Government in its report for the period ending September 2007, which was received in the Office in January 2008.

Article 11 of the Convention. Working conditions of labour inspectors. The Committee notes with interest that the staff of the labour inspectorate has been strengthened during the period since the report sent by the Government in 2004. However, it notes that no measures have been taken to improve the working conditions of inspectors and that they do not benefit from the transport facilities necessary for the discharge of their duties, nor the full reimbursement of their travelling and incidental expenses. The Government is requested to take the necessary measures to ensure that effect is given to the provisions of the above Article of the Convention and to provide information in its next report on any progress achieved in this respect, on the difficulties encountered and the solutions envisaged to overcome them.

Articles 19, 20 and 21. Reporting obligations on the inspection activities. With reference to its previous comments concerning information relating to the application in practice of the legal provisions giving effect to the Convention, the Committee notes that, contrary to the Government’s indication in its report received in 2004, no regional inspection report has been provided to the ILO. Furthermore, no annual report, as required by Articles 20 and 21 of the Convention, has been transmitted to the ILO. The Committee does not therefore have available the information that is essential on the operation of the labour inspection system in practice to allow it to monitor developments and provide support to the Government for its improvement in relation to the requirements of the Convention. The material and logistical situation described by the Government gives grounds for fearing, despite legislation that is in conformity on many points with the provisions of the Convention, that there is a significant gap between the extent of the needs for the supervision of conditions of work and the level of coverage that the inspection services are able to ensure. The Committee hopes that, so that it can fulfil its responsibilities, the Government will provide in its next report all the information available allowing it to assess the level of application of the Convention more than a decade after its ratification. This information should cover, among other matters: (i) the geographical distribution of the public officials responsible for inspection functions as defined in Article 3(1) of the Convention (the schedule announced by the Government in its report was not attached); (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services and the judiciary on the basis of the violations reported by the labour inspectorate; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career progression in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors travel to enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Government is also requested to indicate the nature of the obstacles or difficulties (of a financial, structural, political or other nature) encountered in the implementation in practice of its legislation respecting labour inspection and to describe the measures adopted or envisaged to resolve them (for example, seeking international financial cooperation, inter-institutional cooperation within the country, collaboration with the social partners; the adoption of specific conditions of service for labour inspectors, rationalization of the way in which the resources of the labour administration are used).

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

With reference to its previous comments, the Committee takes note of the Government’s report. It notes Decree No. 2003‑219 of 21 August 2003 to organize the Ministry of Labour, Employment and Social Security, and Decree No. 2000-29 of 17 March 2000 on the composition of the National Technical Committee on occupational safety and health and occupational risk prevention.

Financial obstacles to the implementation of the Convention. The Committee notes that, although financial constraints have prevented adoption of special regulations for the management and staff of the labour administration and any meetings of the abovementioned Technical Committee, the Government welcomes the benefits drawn from the technical seminars organized with support from the ILO and the African Regional Centre for Labour Administration (CRADAT), and would like this type of training to be continued.

Organization and working of the administration system. The Committee would be grateful if the Government would provide further information on the current working of the labour administration system; provide a copy of the Decree setting out the powers of the new Ministry; indicate the number, types and terms of reference of any tripartite consultative bodies reporting to the Ministry; describe the bodies comprising the Ministry both at central level and in external departments; indicate any other bodies accountable to the Ministry; provide copies of any legal texts, reports or other documents pertaining to the composition, terms of reference and working of the bodies comprising the labour administration system (Articles 1, 4, 5 and 6).

The Government is requested also to provide information on the composition of the Technical Advisory Committee on international labour standards and all the matters on which consultations were held in the Technical Committee (Article 8).

Financial resources for meeting the obligations of the Convention. Noting with concern that the working of the labour administration is still severely affected by a lack of resources and that, despite technical assistance from the ILO, no new resources have been assigned to it, the Committee requests the Government to consider seeking further financial assistance through international cooperation with a view gradually to covering the human, material and logistical resources the labour administration needs in order to carry out its functions, as defined in Article 6. It would be grateful if the Government would keep the Office informed of any steps taken to this end and on any measures taken or envisaged to apply the provisions of the Convention in law and in practice, and to provide copies of any relevant texts.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information provided by the Government in its report for the period ending September 2007, which was received in the Office in January 2008.

Article 11 of the Convention. Working conditions of labour inspectors. The Committee notes with interest that the staff of the labour inspectorate has been strengthened during the period since the report sent by the Government in 2004. However, it notes that no measures have been taken to improve the working conditions of inspectors and that they do not benefit from the transport facilities necessary for the discharge of their duties, nor the full reimbursement of their travelling and incidental expenses. The Government is requested to take the necessary measures to ensure that effect is given to the provisions of the above Article of the Convention and to provide information in its next report on any progress achieved in this respect, on the difficulties encountered and the solutions envisaged to overcome them.

Articles 19, 20 and 21. Reporting obligations on the inspection activities. With reference to its previous comments concerning information relating to the application in practice of the legal provisions giving effect to the Convention, the Committee notes that, contrary to the Government’s indication in its report received in 2004, no regional inspection report has been provided to the ILO. Furthermore, no annual report, as required by Articles 20 and 21 of the Convention, has been transmitted to the ILO. The Committee does not therefore have available the information that is essential on the operation of the labour inspection system in practice to allow it to monitor developments and provide support to the Government for its improvement in relation to the requirements of the Convention. The material and logistical situation described by the Government gives grounds for fearing, despite legislation that is in conformity on many points with the provisions of the Convention, that there is a significant gap between the extent of the needs for the supervision of conditions of work and the level of coverage that the inspection services are able to ensure. The Committee hopes that, so that it can fulfil its responsibilities, the Government will provide in its next report all the information available allowing it to assess the level of application of the Convention more than a decade after its ratification. This information should cover, among other matters: (i) the geographical distribution of the public officials responsible for inspection functions as defined in Article 3, paragraph 1, of the Convention (the schedule announced by the Government in its report was not attached); (ii) the geographical distribution of workplaces liable to inspection or, at the least, those for which the Government considers that the conditions of work require specific protection from the labour inspection services and the judiciary on the basis of the violations reported by the labour inspectorate; (iii) the frequency, content and number of participants at the training courses provided for labour inspectors during their career; (iv) the level of remuneration and conditions for career progression in relation to other public officials with comparable responsibilities; (v) the proportion of the national budget allocated to the public labour inspection services; (vi) a description of the cases in which inspectors travel to enterprises, the procedure followed and the transport facilities that they use for this purpose, the activities that they carry out and their outcome; and (vii) the proportion of supervisory activities carried out by inspectors in relation to their conciliation duties.

The Government is also requested to indicate the nature of the obstacles or difficulties (of a financial, structural, political or other nature) encountered in the implementation in practice of its legislation respecting labour inspection and to describe the measures adopted or envisaged to resolve them (for example, seeking international financial cooperation, inter-institutional cooperation within the country, collaboration with the social partners; the adoption of specific conditions of service for labour inspectors, rationalization of the way in which the resources of the labour administration are used).

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s first report received in June 2006. It also notes the legislation available at the Office, particularly Decree No. 2003-219 of 21 August 2003 on the powers and organization of the Ministry of Labour, Employment and Social Security; Act No. 45-75 of 15 March 1975, issuing the Labour Code, as amended by Act No. 6-96 of 6 March 1996; Order No. 9036 of 10 December 1986, on general safety and health measures applying to industrial, commercial, agricultural and forestry enterprises and other administrative establishments. The Committee requests the Government to provide copies of any provisions on labour inspection adopted pursuant to the abovementioned texts.

Article 3, paragraph 1, of the Convention. The Committee notes that according to sections 150 and 149(b) and (c) of the Labour Code, labour inspectors are responsible for the supervision of laws and regulations on the workers’ conditions, labour relations, employment and the placement of workers, occupational training and further training, social welfare, and for dispensing advice and recommendations to employers and workers. The Committee requests the Government to state whether the legislation also empowers inspectors – and, if so, how – to bring to the attention of the competent authority defects or abuses not specifically covered by existing legal provisions ((c)).

Article 4. The Committee notes that according to section 150 of the Labour Code, labour inspection and the supervision of labour law are the responsibility of the General Directorate of Labour and Social Welfare and that, pursuant to section 10 of abovementioned Decree No. 2003-219, the General Directorate of Labour and Social Welfare is regulated by specific regulations. The Government is asked to keep the Office informed of the adoption of any relevant texts, to send a copy of them and to provide an organization chart of the labour inspectorate.

Article 5(a) and (b). Noting that Decree No. 2000-29 of 17 March 2000 established a National Technical Tripartite Committee on occupational safety and health and the prevention of occupational risks, the Committee would be grateful if the Government would provide information on the matters dealt with by the abovementioned committee and on its operation in so far as these relate to the provisions of the Convention that address supervision of occupational health and safety.

The Committee also requests the Government to provide information and any available texts on measures such as the ones proposed in Part II of Recommendation No. 81, which supplements the Convention, that the Government has taken to encourage cooperation between the inspection services and employers or their representatives in implementing the provisions of the Convention.

Articles 6 and 7. The Committee requests the Government to provide the texts regulating the status and conditions of service of labour inspection staff, together with detailed information on the content and operation of the training courses held for labour inspectors taking up their duties, and on the content of seminars, courses and other training activities that have been or will be organized for them in the course of their employment.

Article 8. Please indicate the proportion of women working at each level of the labour inspectorate and specify whether special duties are assigned to men and women inspectors.

Articles 10 and 21. While noting the information that the labour inspectorate has an inspection staff (inspectors and controllers) of 123 performing supervisory duties in the country’s 11 departmental directorates, the Committee would be grateful if the Government would indicate their geographical distribution and, if possible, the number of industrial and commercial establishments subject to their inspection and the number of workers employed in them.

The Committee stresses the importance of making available the fullest possible information on each of these subjects so that both the national authorities and the ILO’s supervisory bodies can assess the effectiveness of the labour inspection system.

Articles 11 and 16 of the Convention and Part IV of the report form. The Committee has learned that there are economic obstacles to the application of the above provisions. It nonetheless wishes to point out that these provisions set requirements that are essential to labour inspectors’ performance of their duties in pursuit of the Convention’s economic and social objectives. Consequently, it strongly encourages the Government to take steps to identify the needs for this purpose. Such measures could initially include compiling – and updating from time to time – a register of establishments subject to inspection, examining the characteristics of the activities carried out in these establishments (hazards, arduousness, shift work, working hours, geographical location vis-à-vis inspection offices, etc.), identifying the categories of workers employed in them and the protection they should receive (skilled and unskilled workers; women; young people and other categories of vulnerable workers). Relevant data would serve as a basis for determining the share of the national budget that should be earmarked for the labour inspectorate, taking into account the order of priorities dictated by the country’s general economic situation, but not underestimating the impact an effective labour inspection service has on that situation. Additionally, the Committee stresses to the Government that it can call on the ILO for technical assistance for the implementation of the provisions of the Convention as well as to obtain economic assistance in the framework of international financial and economic cooperation on the basis of relevant data. The Committee hopes that in its next report the Government will be in a position to provide information on the measures taken in light of the foregoing, on progress made and on the difficulties encountered.

Article 12, paragraph 1(a) and (b). The Committee notes that under section 3 of the Labour Code, any public or private natural or legal person employing one or more wage earners shall be treated as an enterprise and governed by the provisions of the Code. It recalls that Articles 2 and 23 of the Convention provide that the system of labour inspection shall apply to all industrial and commercial undertakings in respect of which legal provisions relating to conditions of work and the protection of workers while engaged in their work are enforceable by labour inspectors. The Committee wishes to point out that, in order to ensure effective enforcement of legislation in workplaces liable to inspection, labour inspectors’ right of free entry to such workplaces needs to be extended and to include entry at night, contrary to the provisions of the legislation (sections 154-1 and 154-2 of Act No. 6-96 of 6 March 1996; sections 138 to 140 of the Labour Code and sections 86–89 of Order No. 9036 of 10 December 1986). The Government is asked to take steps, in the light of the Committee’s comments on this matter in its General Survey of 1985 on labour inspection (paragraphs 157 ff.), to supplement its legislation in order to establish inspectors’ right of free entry, drawing a distinction between workplaces liable to inspection and other premises, as does Article 12, paragraph 1(a) and (b). The Committee requests the Government to keep the ILO informed of any progress towards this end and to provide any relevant texts.

Article 12, paragraph 1(c)(iii). The Committee requests the Government to ensure that labour inspectors are authorized to enforce the posting of notices required by the legal provisions, and to inform the Office of measures taken to this end.

Article 12, paragraph 2. Recalling that under this provision labour inspectors may refrain from informing the employer or his representative of their presence if they consider that this may be prejudicial to the performance of their duties, the Committee would be grateful if the Government would ensure that section 155(a) of the Labour Code is revised and supplemented in order to give full effect to this provision.

Article 13, paragraph 2(b). The Committee requests the Government to provide information and any texts on the manner in which effect is given, in law and in practice, to this provision, under which labour inspectors should have the right to make or to have made orders with immediate executory force in the event of imminent danger to the health or safety of the workers.

Article 17. This Article establishes the general rule that, other than in the exceptional cases allowed by law, immediate legal proceedings are to be taken against persons who violate the legislation prescribed by the Convention. However, the rule has some flexibility by the discretion that labour inspectors must be given resort to educational or preventive measures instead of such proceedings. Nevertheless, the national legislation (sections 154-1 and 154-2 of Act No. 6 96 of 6 March 1996; sections 138 to 140 of the Labour Code and sections 86–89 of Order No. 9036 of 10 December 1986), requires inspectors to give prior notice of legal action in all cases. The Committee therefore requests the Government to take the necessary steps to bring the legislation into the Convention on this point.

Article 18. Noting the penalties established in sections 251 to 260 of the Labour Code, the Committee wishes to stress, as it did in paragraph 263 of its General Survey of 1985 on labour inspection, that it is essential for the effectiveness of inspection services that penalties should be fixed at a sufficiently high level to have a dissuasive effect and that where the penalty consists of a fine, the rate of the fine should be periodically reviewed. The Committee hopes that the Government will not fail to take the necessary steps to ensure that monetary penalties remain dissuasive despite present or future monetary fluctuations, in particular by revising them through regulations.

Article 19. The Government is asked to provide copies of the departmental directorates’ activity reports, announced by the Government in its report.

Articles 20 and 21. The Committee requests the Government to indicate the measures taken or envisaged to secure publication and transmission by the central inspection authority to the ILO of an annual report on the work of the inspection services containing the information required on each of the items listed in Article 21(a)–(g) within the time limit prescribed by Article 20.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s first report. It also notes the legislation available at the Office, particularly Decree No. 2003-219 of 21 August 2003 on the powers and organization of the Ministry of Labour, Employment and Social Security; Act No. 45-75 of 15 March 1975, issuing the Labour Code, as amended by Act No. 6-96 of 6 March 1996; Order No. 9036 of 10 December 1986, on general safety and health measures applying to industrial, commercial, agricultural and forestry enterprises and other administrative establishments. The Committee requests the Government to provide copies of any provisions on labour inspection adopted pursuant to the abovementioned texts.

Article 3, paragraph 1, of the Convention. The Committee notes that according to sections 150 and 149(b) and (c) of the Labour Code, labour inspectors are responsible for the supervision of laws and regulations on the workers’ conditions, labour relations, employment and the placement of workers, occupational training and further training, social welfare, and for dispensing advice and recommendations to employers and workers. The Committee requests the Government to state whether the legislation also empowers inspectors – and, if so, how – to bring to the attention of the competent authority defects or abuses not specifically covered by existing legal provisions ((c)).

Article 4. The Committee notes that according to section 150 of the Labour Code, labour inspection and the supervision of labour law are the responsibility of the General Directorate of Labour and Social Welfare and that, pursuant to section 10 of abovementioned Decree No. 2003-219, the General Directorate of Labour and Social Welfare is regulated by specific regulations. The Government is asked to keep the Office informed of the adoption of any relevant texts, to send a copy of them and to provide an organization chart of the labour inspectorate.

Article 5(a) and (b). Noting that Decree No. 2000-29 of 17 March 2000 established a National Technical Tripartite Committee on occupational safety and health and the prevention of occupational risks, the Committee would be grateful if the Government would provide information on the matters dealt with by the abovementioned committee and on its operation in so far as these relate to the provisions of the Convention that address supervision of occupational health and safety.

The Committee also requests the Government to provide information and any available texts on measures such as the ones proposed in Part II of Recommendation No. 81, which supplements the Convention, that the Government has taken to encourage cooperation between the inspection services and employers or their representatives in implementing the provisions of the Convention.

Articles 6 and 7. The Committee requests the Government to provide the texts regulating the status and conditions of service of labour inspection staff, together with detailed information on the content and operation of the training courses held for labour inspectors taking up their duties, and on the content of seminars, courses and other training activities that have been or will be organized for them in the course of their employment.

Article 8. Please indicate the proportion of women working at each level of the labour inspectorate and specify whether special duties are assigned to men and women inspectors.

Articles 10 and 21. While noting the information that the labour inspectorate has an inspection staff (inspectors and controllers) of 123 performing supervisory duties in the country’s 11 departmental directorates, the Committee would be grateful if the Government would indicate their geographical distribution and, if possible, the number of industrial and commercial establishments subject to their inspection and the number of workers employed in them.

The Committee stresses the importance of making available the fullest possible information on each of these subjects so that both the national authorities and the ILO’s supervisory bodies can assess the effectiveness of the labour inspection system.

Articles 11 and 16 of the Convention and Part IV of the report form. The Committee has learned that there are economic obstacles to the application of the above provisions. It nonetheless wishes to point out that these provisions set requirements that are essential to labour inspectors’ performance of their duties in pursuit of the Convention’s economic and social objectives. Consequently, it strongly encourages the Government to take steps to identify the needs for this purpose. Such measures could initially include compiling – and updating from time to time – a register of establishments subject to inspection, examining the characteristics of the activities carried out in these establishments (hazards, arduousness, shift work, working hours, geographical location vis-à-vis inspection offices, etc.), identifying the categories of workers employed in them and the protection they should receive (skilled and unskilled workers; women; young people and other categories of vulnerable workers). Relevant data would serve as a basis for determining the share of the national budget that should be earmarked for the labour inspectorate, taking into account the order of priorities dictated by the country’s general economic situation, but not underestimating the impact an effective labour inspection service has on that situation. Additionally, the Committee stresses to the Government that it can call on the ILO for technical assistance for the implementation of the provisions of the Convention as well as to obtain economic assistance in the framework of international financial and economic cooperation on the basis of relevant data. The Committee hopes that in its next report the Government will be in a position to provide information on the measures taken in light of the foregoing, on progress made and on the difficulties encountered.

Article 12, paragraph 1(a) and (b). The Committee notes that under section 3 of the Labour Code, any public or private natural or legal person employing one or more wage earners shall be treated as an enterprise and governed by the provisions of the Code. It recalls that Articles 2 and 23 of the Convention provide that the system of labour inspection shall apply to all industrial and commercial undertakings in respect of which legal provisions relating to conditions of work and the protection of workers while engaged in their work are enforceable by labour inspectors. The Committee wishes to point out that, in order to ensure effective enforcement of legislation in workplaces liable to inspection, labour inspectors’ right of free entry to such workplaces needs to be extended and to include entry at night, contrary to the provisions of the legislation (sections 154-1 and 154-2 of Act No. 6-96 of 6 March 1996; sections 138 to 140 of the Labour Code and sections 86 to 89 of Order No. 9036 of 10 December 1986). The Government is asked to take steps, in the light of the Committee’s comments on this matter in its General Survey of 1985 on labour inspection (paragraphs 157 ff.), to supplement its legislation in order to establish inspectors’ right of free entry, drawing a distinction between workplaces liable to inspection and other premises, as does Article 12, paragraph 1(a) and (b). The Committee requests the Government to keep the ILO informed of any progress towards this end and to provide any relevant texts.

Article 12, paragraph 1(c)(iii). The Committee requests the Government to ensure that labour inspectors are authorized to enforce the posting of notices required by the legal provisions, and to inform the Office of measures taken to this end.

Article 12, paragraph 2. Recalling that under this provision labour inspectors may refrain from informing the employer or his representative of their presence if they consider that this may be prejudicial to the performance of their duties, the Committee would be grateful if the Government would ensure that section 155(a) of the Labour Code is revised and supplemented in order to give full effect to this provision.

Article 13, paragraph 2(b). The Committee requests the Government to provide information and any texts on the manner in which effect is given, in law and in practice, to this provision, under which labour inspectors should have the right to make or to have made orders with immediate executory force in the event of imminent danger to the health or safety of the workers.

Article 17. This Article establishes the general rule that, other than in the exceptional cases allowed by law, immediate legal proceedings are to be taken against persons who violate the legislation prescribed by the Convention. However, the rule has some flexibility by the discretion that labour inspectors must be given resort to educational or preventive measures instead of such proceedings. Nevertheless, the national legislation (sections 154-1 and 154-2 of Act No. 6 96 of 6 March 1996; sections 138 to 140 of the Labour Code and sections 86 to 89 of Order No. 9036 of 10 December 1986), requires inspectors to give prior notice of legal action in all cases. The Committee therefore requests the Government to take the necessary steps to bring the legislation into the Convention on this point.

Article 18. Noting the penalties established in sections 251 to 260 of the Labour Code, the Committee wishes to stress, as it did in paragraph 263 of its General Survey of 1985 on labour inspection, that it is essential for the effectiveness of inspection services that penalties should be fixed at a sufficiently high level to have a dissuasive effect and that where the penalty consists of a fine, the rate of the fine should be periodically reviewed. The Committee hopes that the Government will not fail to take the necessary steps to ensure that monetary penalties remain dissuasive despite present or future monetary fluctuations, in particular by revising them through regulations.

Article 19. The Government is asked to provide copies of the departmental directorates’ activity reports, announced by the Government in its report.

Articles 20 and 21. The Committee requests the Government to indicate the measures taken or envisaged to secure publication and transmission by the central inspection authority to the ILO of an annual report on the work of the inspection services containing the information required on each of the items listed in Article 21(a) to (g) within the time limit prescribed by Article 20.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report. It also notes the legislation available at the Office, particularly Decree No. 2003-219 of 21 August 2003 on the powers and organization of the Ministry of Labour, Employment and Social Security; Act No. 45-75 of 15 March 1975, issuing the Labour Code, as amended by Act No. 6-96 of 6 March 1996; Order No. 9036 of 10 December 1986, on general safety and health measures applying to industrial, commercial, agricultural and forestry enterprises and other administrative establishments. The Committee requests the Government to provide copies of any provisions on labour inspection adopted pursuant to the abovementioned texts.

Article 3, paragraph 1, of the Convention. The Committee notes that according to sections 150 and 149(b) and (c) of the Labour Code, labour inspectors are responsible for the supervision of laws and regulations on the workers’ conditions, labour relations, employment and the placement of workers, occupational training and further training, social welfare, and for dispensing advice and recommendations to employers and workers. The Committee requests the Government to state whether the legislation also empowers inspectors - and, if so, how - to bring to the attention of the competent authority defects or abuses not specifically covered by existing legal provisions ((c)).

Article 4. The Committee notes that according to section 150 of the Labour Code, labour inspection and the supervision of labour law are the responsibility of the General Directorate of Labour and Social Welfare and that, pursuant to section 10 of abovementioned Decree No. 2003-219, the General Directorate of Labour and Social Welfare is regulated by specific regulations. The Government is asked to keep the Office informed of the adoption of any relevant texts, to send a copy of them and to provide an organization chart of the labour inspectorate.

Article 5(a) and (b). Noting that Decree No. 2000-29 of 17 March 2000 established a National Technical Tripartite Committee on occupational safety and health and the prevention of occupational risks, the Committee would be grateful if the Government would provide information on the matters dealt with by the abovementioned committee and on its operation in so far as these relate to the provisions of the Convention that address supervision of occupational health and safety.

The Committee also requests the Government to provide information and any available texts on measures such as the ones proposed in Part II of Recommendation No. 81, which supplements the Convention, that the Government has taken to encourage cooperation between the inspection services and employers or their representatives in implementing the provisions of the Convention.

Articles 6 and 7. The Committee requests the Government to provide the texts regulating the status and conditions of service of labour inspection staff, together with detailed information on the content and operation of the training courses held for labour inspectors taking up their duties, and on the content of seminars, courses and other training activities that have been or will be organized for them in the course of their employment.

Article 8. Please indicate the proportion of women working at each level of the labour inspectorate and specify whether special duties are assigned to men and women inspectors.

Articles 10 and 21. While noting the information that the labour inspectorate has an inspection staff (inspectors and controllers) of 123 performing supervisory duties in the country’s 11 departmental directorates, the Committee would be grateful if the Government would indicate their geographical distribution and, if possible, the number of industrial and commercial establishments subject to their inspection and the number of workers employed in them.

The Committee stresses the importance of making available the fullest possible information on each of these subjects so that both the national authorities and the ILO’s supervisory bodies can assess the effectiveness of the labour inspection system.

Articles 11 and 16 of the Convention and Part IV of the report form. The Committee has learned that there are economic obstacles to the application of the above provisions. It nonetheless wishes to point out that these provisions set requirements that are essential to labour inspectors’ performance of their duties in pursuit of the Convention’s economic and social objectives. Consequently, it strongly encourages the Government to take steps to identify the needs for this purpose. Such measures could initially include compiling - and updating from time to time - a register of establishments subject to inspection, examining the characteristics of the activities carried out in these establishments (hazards, arduousness, shift work, working hours, geographical location vis-à-vis inspection offices, etc.), identifying the categories of workers employed in them and the protection they should receive (skilled and unskilled workers; women; young people and other categories of vulnerable workers). Relevant data would serve as a basis for determining the share of the national budget that should be earmarked for the labour inspectorate, taking into account the order of priorities dictated by the country’s general economic situation, but not underestimating the impact an effective labour inspection service has on that situation. Additionally, the Committee stresses to the Government that it can call on the ILO for technical assistance for the implementation of the provisions of the Convention as well as to obtain economic assistance in the framework of international financial and economic cooperation on the basis of relevant data. The Committee hopes that in its next report the Government will be in a position to provide information on the measures taken in light of the foregoing, on progress made and on the difficulties encountered.

Article 12, paragraph 1(a) and (b). The Committee notes that under section 3 of the Labour Code, any public or private natural or legal person employing one or more wage earners shall be treated as an enterprise and governed by the provisions of the Code. It recalls that Articles 2 and 23 of the Convention provide that the system of labour inspection shall apply to all industrial and commercial undertakings in respect of which legal provisions relating to conditions of work and the protection of workers while engaged in their work are enforceable by labour inspectors. The Committee wishes to point out that, in order to ensure effective enforcement of legislation in workplaces liable to inspection, labour inspectors’ right of free entry to such workplaces needs to be extended and to include entry at night, contrary to the provisions of the legislation (sections 154-1 and 154-2 of Act No. 6-96 of 6 March 1996; sections 138 to 140 of the Labour Code and sections 86 to 89 of Order No. 9036 of 10 December 1986). The Government is asked to take steps, in the light of the Committee’s comments on this matter in its General Survey of 1985 on labour inspection (paragraphs 157 ff.), to supplement its legislation in order to establish inspectors’ right of free entry, drawing a distinction between workplaces liable to inspection and other premises, as does Article 12, paragraph 1(a) and (b). The Committee requests the Government to keep the ILO informed of any progress towards this end and to provide any relevant texts.

Article 12, paragraph 1(c)(iii). The Committee requests the Government to ensure that labour inspectors are authorized to enforce the posting of notices required by the legal provisions, and to inform the Office of measures taken to this end.

Article 12, paragraph 2. Recalling that under this provision labour inspectors may refrain from informing the employer or his representative of their presence if they consider that this may be prejudicial to the performance of their duties, the Committee would be grateful if the Government would ensure that section 155(a) of the Labour Code is revised and supplemented in order to give full effect to this provision.

Article 13, paragraph 2(b). The Committee requests the Government to provide information and any texts on the manner in which effect is given, in law and in practice, to this provision, under which labour inspectors should have the right to make or to have made orders with immediate executory force in the event of imminent danger to the health or safety of the workers.

Article 17. This Article establishes the general rule that, other than in the exceptional cases allowed by law, immediate legal proceedings are to be taken against persons who violate the legislation prescribed by the Convention. However, the rule has some flexibility by the discretion that labour inspectors must be given resort to educational or preventive measures instead of such proceedings. Nevertheless, the national legislation (sections 154-1 and 154-2 of Act No. 6-96 of 6 March 1996; sections 138 to 140 of the Labour Code and sections 86 to 89 of Order No. 9036 of 10 December 1986), requires inspectors to give prior notice of legal action in all cases. The Committee therefore requests the Government to take the necessary steps to bring the legislation into the Convention on this point.

Article 18. Noting the penalties established in sections 251 to 260 of the Labour Code, the Committee wishes to stress, as it did in paragraph 263 of its General Survey of 1985 on labour inspection, that it is essential for the effectiveness of inspection services that penalties should be fixed at a sufficiently high level to have a dissuasive effect and that where the penalty consists of a fine, the rate of the fine should be periodically reviewed. The Committee hopes that the Government will not fail to take the necessary steps to ensure that monetary penalties remain dissuasive despite present or future monetary fluctuations, in particular by revising them through regulations.

Article 19. The Government is asked to provide copies of the departmental directorates’ activity reports, announced by the Government in its report.

Articles 20 and 21. The Committee requests the Government to indicate the measures taken or envisaged to secure publication and transmission by the central inspection authority to the ILO of an annual report on the work of the inspection services containing the information required on each of the items listed in Article 21(a) to (g) within the time limit prescribed by Article 20.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

With reference to its previous comments, the Committee takes note of the Government’s report. It notes Decree No. 2003-219 of 21 August 2003 to organize the Ministry of Labour, Employment and Social Security, and Decree No. 2000-29 of 17 March 2000 on the composition of the National Technical Committee on occupational safety and health and occupational risk prevention.

1. Financial obstacles to the implementation of the Convention. The Committee notes that, although financial constraints have prevented adoption of special regulations for the management and staff of the labour administration and any meetings of the abovementioned Technical Committee, the Government welcomes the benefits drawn from the technical seminars organized with support from the ILO and the African Regional Centre for Labour Administration (CRADAT), and would like this type of training to be continued.

2. Organization and working of the administration system. The Committee would be grateful if the Government would provide further information on the current working of the labour administration system; provide a copy of the Decree setting out the powers of the new Ministry; indicate the number, types and terms of reference of any tripartite consultative bodies reporting to the Ministry; describe the bodies comprising the Ministry both at central level and in external departments; indicate any other bodies accountable to the Ministry; provide copies of any legal texts, reports or other documents pertaining to the composition, terms of reference and working of the bodies comprising the labour administration system (Articles 1, 4, 5 and 6).

The Government is requested also to provide information on the composition of the Technical Advisory Committee on international labour standards and all the matters on which consultations were held in the Technical Committee (Article 8).

3. Financial resources for meeting the obligations of the Convention. Noting with concern that the working of the labour administration is still severely affected by a lack of resources and that, despite technical assistance from the ILO, no new resources have been assigned to it, the Committee requests the Government to consider seeking further financial assistance through international cooperation with a view gradually to covering the human, material and logistical resources the labour administration needs in order to carry out its functions, as defined in Article 6. It would be grateful if the Government would keep the Office informed of any steps taken to this end and on any measures taken or envisaged to apply the provisions of the Convention in law and in practice, and to provide copies of any relevant texts.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s reports for the period ending in September 1999, and the documents attached thereto.

The Committee takes note of Decree No. 92-178 of 16 May 1992 establishing the attributions of the Ministry of Employment, Labour, Social Action and National Solidarity as the body responsible for devising and executing state policy on employment, labour, social action and national solidarity and for the organization of public services and establishments. It notes with interest that the above Ministry is responsible for guiding the education services in their vocational and technical training policy in order to match training and employment needs, for organizing and supervising the employment market and for providing vocational training for adults, and retraining and further training for state workers and employees. It is also in charge of organizing and promoting social action to benefit all strata of Congolese society, initiating all kinds of measures to promote employment, vocational training, work, social action and national solidarity, the various functions being distributed between the central directorates. The Committee notes that the Decree also provides for the adoption of specific texts concerning the various bodies under the Ministry’s control.

In its report for 1995, the Government indicated that the practical difficulties encountered in applying the Convention were for the most part linked to the economic and financial situation, and exacerbated by the requirements of structural adjustment which are affecting the resources of the labour administration. In the same report, in reply to the Committee’s comments on the application of Article 10, the Government stated that, owing to these constraints, it was not planning to adopt specific statutes which would have the effect of increasing state expenditure, and indicated that there would be severe cuts in labour administration staff pursuant to texts establishing the removal from office of certain public service employees. The Committee also notes from an activities report of the Niari regional labour directorate for 1994, sent by the Government, that owing to the economic and financial situation "the budgets for operating services exist only on paper", and that some subsidies were paid sporadically and were used mainly to purchase essential office equipment. According to the same report, there is a serious lack of office equipment, premises are rundown and vehicles are non-existent.

The Committee takes note of Act No. 8-96 of 6 March 1996 to amend the Labour Code. Section 131 of the Act provides among other things for a National Technical Commission for Health, Safety and the Prevention of Occupational Risks, to be composed of representatives of the Government, employers and workers as well as qualified experts. The Act also provides for a decree to be issued establishing the composition and operation of the said commission. According to section 145, workers and their families are to have daily access to a medical service and, under section 156-2, the labour inspector is to be assisted by the medical labour inspector in the supervision of legislative or regulatory prescriptions concerning occupational health and medicine in enterprises. The Committee also notes that, according to section 170, the National Labour Advisory Commission, which is tripartite, may call, for consultation purposes, on public servants or persons with economic, medical, social and ethnographic qualifications. The same provision states that a decree will establish the membership and requirements for the organization and operation of the commission. Section 173 provides that in every enterprise employing seven or more workers, personnel representatives must be elected and that an order will establish the amount of working time accorded to representatives to carry out their duties, the resources to be made available to them and the conditions in which they will be heard by the employer or his representative.

The practical implementation of the legislative provisions thus adopted to organize a cohesive and coordinated administration system and to provide services that ensure optimum labour market and working conditions necessarily implies that human resources and material and financial means must be made available to the abovementioned Ministry when decisions are taken regarding the annual budget. In view of the economic and financial situation referred to by the Government and the obstacles to the recruitment of public servants arising out of structural adjustment, the Committee asks the Government to indicate the measures taken under the abovementioned texts, to provide copies of any relevant documents and to indicate how it plans to attain the objectives it has set itself regarding labour administration.

The Committee takes due note of the information supplied by the Government concerning the technical assistance activities carried out by the ILO with cooperation from the UNDP and other donors to reorganize and streamline some labour administration services as part of the programme being implemented to develop the private sector and promote SMEs. The Committee also notes the ILO’s technical assistance activities for the organization, financial analysis and actuarial evaluation for the reform of the National Social Security Fund, and the reorganization of employment management to set up suitable vocational training facilities as well as structures for assistance, advice and financing. The Committee would be grateful if the Government would supply information on the development of these activities and the results obtained, and in particular on the establishment of the logistical support group announced in the 1995 report which was to provide the labour administration with assistance in operating the National Labour Advisory Commission.

In its 1999 report, the Government indicates that two seminars on the prevention of occupational risks and the management of industrial relations and social conflicts were organized under the aegis of the ILO and the African Regional Centre for Labour Administration (CRADAT) for labour administrators and chief labour inspectors. The Government is asked to provide particulars of the practical impact of these seminars.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 10 of the Convention. The Committee notes the Government's reply to its previous comments that specific rules governing labour administration staff are still in the process of being drafted. It hopes the next report will include further details, as well as a copy of Act No. 021/89 of 14 November 1989, not received by the Office.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest the information provided by the Government in reply to its earlier comments.

Article 10 of the Convention. Please provide a copy of Act No. 021/89 of 14 November 1989 concerning reform of the General Orders of the Civil Service, which was not attached to the Government's report, as well as, in due course, the specific rules governing labour administration staff which are currently being considered.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information provided by the Government in reply to its previous comments and requests that further information be provided on the following points:

Article 5, paragraph 2, of the Convention. Please include in future reports available information as to what measures have been taken at the regional and local levels and in different sectors of economic activity to ensure consultation, co-operation and negotiation between the public authorities and the employers' and workers' organisations.

Article 9. The Committee notes that the Government indicated in its first report that parastatal bodies are charged with certain functions in the field of labour administration. Please provide detailed information on the operation of these agencies and on the means available to the Ministry of Labour to ascertain whether these agencies are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them.

Article 10. Please send a copy of Law 15/62 of 3 February 1962 concerning the General Orders of the Civil Service with the next report. If specific rules have been adopted for labour administration staff, the Committee would be grateful if the Government would provide a copy of them.

Please provide copies of Law 22/88 of 17 September 1988 which amended Law 1/86 of 22 February 1986, as well as Law 3/85 of 14 February 1985 concerning creation of the National Office of Employment and Manpower, all of which were mentioned in the Government's report but not sent with the report.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information supplied by the Government in its first report. It would be grateful if the Government would furnish the following with its next report:

1.the legislative texts currently in force governing the organisation and operation of the General Labour Directorate and the Regional Labour Directorates, and of the General Directorate and Regional Offices of the National Employment and Manpower Office;

2.information on the organisation and practical results of the work of the labour inspection services;

3.additional information on the application of the following Articles of the Convention:

Article 5, paragraph 2, of the Convention. Please state whether measures have been taken at the regional and local levels and in different sectors of economic activity to ensure consultation, co-operation and negotiation between the public authorities and the employers' and workers' organisations.

Article 9. Please provide detailed information on the operation of parastatal agencies that are responsible for labour administration activities, and on the means available to the Ministry of Labour to ascertain whether these agencies are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them.

Article 10. Please indicate the provisions governing the status of public employees and, where appropriate, provide a copy of them. Should specific rules be adopted for labour administration staff, the Committee would be grateful if the Government would provide a copy of them. Furthermore, the Committee notes that the difficulties encountered in applying the Convention are largely due to the inadequate material means and financial resources available to labour administration staff, and requests the Government to provide detailed information on the measures it envisages taking to enable such staff to perform their duties effectively.