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

Labour Inspection Convention, 1947 (No. 81) - Nigeria (Ratification: 1960)

Article 3 of the Convention. Functions entrusted to labour inspectors. In its previous comments, the Committee noted the Government’s indication that duties other than the primary functions provided for in Article 3(1) of the Convention were entrusted to labour inspectors. The Committee requested the Government to provide further information on the additional functions discharged by labour inspectors in accordance with Article 3(2) of the Convention. The Committee notes that the Government, in its report, provides a list of additional duties that are assigned to labour inspectors, including functions in the event of collective labour disputes, advisory services on collective agreements and employment opportunities, and trade unions services (determination of the jurisdictional scope of trade unions, alteration of trade union constitutions and auditing of trade union accounts). The Committee recalls the need to ensure that any further duties which may be entrusted to labour inspectors in addition to their primary duties are not such as to interfere with the effective discharge of the latter. The Committee requests the Government to provide information on the time and resources allocated by labour inspectors to each of their various duties beyond the primary functions under Article 3(1), with a view to verifying that the additional duties entrusted to labour inspectors, particularly in relation to the settlement of disputes and the provision of employment advisory services, are not such as to interfere with the effective discharge of their primary duties.

Articles 7(3), 10, 11 and 16. Training. Resources of the labour inspection system and inspection visits. In its previous comments, the Committee noted the Government’s indication that an insufficient number of labour inspectors, inadequate training and lack of material resources, including transport facilities, represented the major difficulties encountered in the application of the Convention, and it requested information on the measures taken to address those issues. The Committee notes with interest the Government’s indication that additional labour inspectors have been recruited (482 labour officers/inspectors and 262 factory officers in 2017, against 287 and 61, respectively, in 2009). The Government also indicates that: (a) additional operational vehicles have been provided and that travelling expenses are reimbursed when inspectors use public transport; (b) all inspectors have been equipped with personal computers; and (c) the Ministry of Labour and Employment has provided capacity-building activities to professional officers. Recalling that Article 16 provides that workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to continue to provide information on measures taken in this regard, including on the number and types of inspections undertaken each year, and on the language capacities of inspectors in relation to the diverse workplace populations.

Articles 20 and 21. Annual labour inspection report published by the central authority. In its previous comments, the Committee noted that no annual labour inspection report had been received. The Committee recalls that the conclusions of the Committee on the Application of Standards (CAS) of the International Labour Conference (98th Session, June 2009) expressed the hope that the annual labour inspection report would be published shortly and communicated to the Office. The Committee notes the Government’s indication that a comprehensive template is in place. However, no annual reports have been received. In this respect, the Committee notes the information provided by the Government on the number of labour inspectors, which is one of the subjects that annual reports shall deal with, in conformity with Article 21(b) of the Convention. The Committee once again requests the Government to take the necessary measures to ensure that annual reports on labour inspection are published and communicated regularly to the ILO within the time limits set out in Article 20 and that they contain the information required by Article 21(a)–(g).