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

Labour Inspection Convention, 1947 (No. 81) - Democratic Republic of the Congo (Ratification: 1968)

Articles 4, 5, 7, 10, 11, 20 and 21 of the Convention. Administrative decentralization and labour inspection. The Committee notes the information provided by the Government in its report that labour inspection is a function that is considered to be an integral part of the national public service. The Government adds that it has prepared a draft Decree containing general provisions governing officials and managerial staff in the General Labour Inspectorate, and that this draft text has been submitted to the Prime Minister for signature. It adds that it undertakes to make the labour inspectorate a General Directorate and, at the 100th Session of the International Labour Conference, it referred to the reform of the General Labour Inspectorate into a specialized service enjoying administrative and financial autonomy to increase its effectiveness.

While noting these developments, the Committee also observes that the Government has not provided any documents enabling the Committee to assess the manner in which effect is given to the provisions of the Convention throughout the country. In particular, no report on the work of the inspection services has been received. With reference to previous comments, the Committee draws the Government’s attention to the risk of the weakening of the labour inspection system following the decentralization of the respective functions and responsibilities, if this decentralization is not accompanied by the effective transfer of the necessary resources for the functioning of the decentralized labour inspection services, to guarantee the protection of the workers covered by the Conventions throughout the national territory. The Committee therefore requests the Government to provide a copy of the Decree issuing general provisions governing officials and managerial staff in the General Labour Inspectorate as soon as it has been adopted, and to provide detailed information on the announced reform of the General Labour Inspectorate and the organizational plan of the labour inspection system at both the national and provincial levels. The Committee also once again requests the Government to provide copies of any texts or documents, including any report on the activities of the labour inspection, which would enable the Committee to assess the manner in which effect is given to the provisions of the Convention in practice.

Articles 3(2), 6 and 15(a). Integrity, independence and impartiality of labour inspectors. In reply to the Committee’s previous comments concerning the allegations of corruption of labour inspectors exercising parallel activities made by the Confederation of Trade Unions of Congo (CSC), the Government indicates that, in accordance with Act No.81-003 of 17 July 1981, labour inspectors cannot perform a second job. The Committee also notes with interest that with a view to improving their status and conditions of service, a permanent bonus has been awarded for special duties to labour inspectors and controllers. The Committee would be grateful if the Government would provide clarifications on the status and conditions of service of labour inspectors at both the central and provincial levels and to transmit copies of the relevant legal texts. Please also indicate the percentage increase in the permanent monthly bonuses provided to labour inspectors and whether this increase covers the staff of the labour inspection in all the provinces of the country. The Committee also requests the Government to provide information on the disciplinary procedures and sanctions applicable in the event of violations of Act No. 81-003 of 17 July 1981 on the prohibition of the exercise of a parallel activity by labour inspectors.

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