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

Democratic Republic of the Congo

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1968)
Labour Administration Convention, 1978 (No. 150) (Ratification: 1987)

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 Convention No. 81 (labour inspection) and Convention No. 150 (labour administration) together.

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Articles 4, 6, 15(a), 19, 20 and 21 of the Convention. Reform of the labour inspection services. Status and conditions of service of labour inspectors. Ethical standards of labour inspectors. Publication and communication of an annual report on the work of the labour inspection services. Further to its previous comments, the Committee notes the information provided by the Government concerning the adoption of Order No. CAB.MIN/FP/J-CK/SGA/GPFP/SCPOM/024/2013 of 31 October 2013 temporarily determining the framework and organizational structures of the General Labour Inspectorate and the validation in 2017 of a methodological guide on labour inspection intended to improve the collection of information with a view to the preparation of monthly, quarterly and annual labour inspection reports. It also notes Ordinance No. 14/080 of 8 December 2014 issuing the administrative regulations respecting the personnel of the General Labour Inspectorate, Act No. 16/013 of 15 July 2016 issuing the conditions of service of career officials of the State public services, which determine the conditions of service and the disciplinary regime applicable to labour inspectors, and Ministerial Order No. 30/08 of 28 July 2008 determining the scale of benefits of labour inspectors and controllers. The Committee requests the Government to indicate the measures adopted or envisaged to assure labour inspectors the independence necessary for the discharge of their inspection duties, and information on the disciplinary procedures initiated and their outcome, including the application in practice of the relevant provisions of Ordinance No. 14/080 of 2014 issuing the administrative regulations respecting the personnel of the General Labour Inspectorate and Act No. 16/013 of 2016 issuing the conditions of services of career officials of State public services. Noting the methodological guide on labour inspection intended to improve the collection of information, the Committee encourages the Government to continue its action with a view to the preparation of an annual labour inspection report, in accordance with Article 20 of the Convention, and to communicate it to the Office. It also requests the Government to provide a copy of the updated framework and organizational structures of the General Labour Inspectorate.

Articles 5(a), 18 and 21(e). Effective cooperation between the labour inspection services and judicial bodies. Further to its previous comments, the Committee notes the information provided by the Government in its report on the subject of cooperation between the labour inspection services and judicial bodies. It notes that, in cases where a labour inspector identifies a violation by an employer, a violation notice is drawn up, in accordance with sections 318 to 329 of the Labour Code, and is transmitted by the labour inspector to the relevant officer in the Office of the Public Prosecutor. The Committee requests the Government to provide further information on the effective cooperation between the labour inspection services and judicial bodies, including the number of violations identified during inspections, the number of violation notices transmitted to the relevant officer of the Office of the Public Prosecutor and the action taken as a result, as well as the penalties imposed.

Article 5(b). Collaboration with employers’ and workers’ organizations. Further to its previous comments, the Committee notes the information provided by the Government according to which labour inspectors participate in bipartite meetings and quarterly, six-monthly and annual tripartite meetings. The Committee requests the Government to provide further information on the collaboration between the labour inspection services and employers and workers and their organizations, including the subjects covered and the outcome of the meetings, and whether they take place in an institutionalized forum.

Article 7(3). Training of labour inspectors. Further to its previous comments, the Committee notes that sections 5 to 12 of Ordinance No. 14/080 of 8 December 2014 issuing administrative regulations respecting the personnel of the General Labour Inspectorate determine the conditions for the recruitment and training of labour inspectors. It also notes the Government’s indication that it will provide the overall training programme for inspectors in a future report. The Committee requests the Government to provide the overall training programme for inspectors and to supply information on its implementation, with an indication of the duration of the training courses for labour inspectors, the number of participants and the subjects covered.

Articles 10 and 11. Resources allocated to the inspection services. Further to its previous comments, the Committee notes the Government’s indication in its report that the recruitment of new inspectors has not yet commenced due to budgetary constraints and while awaiting the completion of the reform of the public administration. In this regard, the Committee notes the statistical information available in the statistical yearbooks for 2015 and 2017, prepared by the National Institute of Statistics, which indicate that the number of labour inspectors and controllers fell from 161 in 2015 to 149 in 2017. The Committee requests the Government to pursue its efforts, including in the context of the reform of the public administration, to ensure that the labour inspection services have the necessary human and material resources for the discharge of their duties. It requests the Government to provide detailed information on any measures adopted and the progress achieved in this respect and to continue providing information on the number of labour inspectors and controllers.

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1, 6 and 9 of the Convention. Organization and operation of the labour administration system. Further to its previous comments, the Committee notes the Government’s indication that a new organizational chart of the labour administration system is currently being drawn up and that a copy will be provided soon. The Committee requests the Government to provide a copy of the new organizational chart of the labour administration system once it has been finalized.

Article 5. Consultation, cooperation and negotiation between the public authorities and employers’ and workers’ organizations. Further to its previous comments, the Committee notes the Government’s indication in its report that the National Labour Council (CNT) is composed of an equal number of 12 representatives of the Government, of workers and of employers and that consultations are only held at the national level. As the operation of the CNT is being examined in relation to the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Committee refers the Government to its comments adopted in 2020 on that subject, concerning, in particular, the tripartite consultations carried out and the recommendations made by the social partners on issues related to international labour standards.