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

Labour Inspection Convention, 1947 (No. 81) - Guinea-Bissau (Ratification: 1977)

Guinea-Bissau (ratification: 1977)

Articles 3, 4, 7(3), 10, 11 and 16 of the Convention. Functioning of the labour inspection system. Further to its previous comments, the Committee notes the indication in the Government’s report that the General Labour Inspectorate has merged with the General Inspectorate of Public Administration. The Committee also notes the Government’s indications concerning the major and persistent material and financial challenges, particularly the insufficient number of labour inspectors. The Government indicates that, currently, only 17 labour inspectors are in their posts, out of the 54 who should be deployed. The Government also refers to the ongoing lack of means of transport for the labour inspectorate, indicating that there is currently no operational vehicle. With regard to the lack of training for labour inspectors, the Committee notes that the last training session was provided in 2009 through the Community of Portuguese-speaking countries and that, according to the Government, training for inspectors is necessary in the areas of fishing, agriculture, construction, loading, weights and merchandise. While noting the difficulties pointed out by the Government, the Committee requests it to continue its efforts to ensure that workplaces are inspected as often and closely as necessary in order to guarantee the effective application of the relevant legal provisions. In this regard, it encourages the Government to continue its efforts to ensure that the labour inspectorate has the necessary material and human resources to effectively carry out the functions of this service. It requests the Government to communicate the information on the measures taken and progress achieved to this end, and to provide information on the number of labour inspectors in their posts, the number of visits conducted and the number of vehicles available to inspectors. The Committee also requests the Government to intensify its efforts to ensure that the labour inspectors receive adequate training and to provide information in this regard. Lastly, the Committee requests the Government to forward additional information concerning the reorganization of the General Labour Inspectorate and to provide an updated organigramme of the new labour inspection structure. The Committee reminds the Government that it may avail itself of the technical assistance of the ILO in this regard.

Articles 5(a) and 18. Effective cooperation between the inspection services and judicial bodies. Adequate penalties that are effectively enforced. Further to its previous comments, the Committee notes the information provided by the Government according to which neither the Public Ministry, which encourages mediation, nor the labour courts, which rules on the decisions, notified the labour inspectorate of the outcome of the procedures brought before the courts by the labour inspection services themselves, or by the workers or employers directly. The Government indicates, however, that the Public Ministry sometimes consults the labour inspectorate when it requests clarification on certain issues. The Committee also notes the Government’s indication that the small fines established by the Labour Code inhibit the filing of statements and collection of corresponding fines. It notes that, according to the Government, this problem could be resolved through the adoption of the new draft Labour Code, which is currently being discussed before the national people’s assembly. The Committee requests the Government to indicate the arrangements made or envisaged to ensure effective cooperation between the labour inspection services and the judicial system, and to ensure that the labour inspectorate is notified of the outcome of procedures. It also requests the Government to provide information on all measures taken to ensure that the penalties are dissuasive and effectively enforced, and to provide a copy of the Labour Code as soon as it is adopted.

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 the labour inspectorate has made efforts regarding its collaboration with workers’ and employers’ organizations, particularly by sending annual memos to employers’ organizations and through radio announcements on the need to provide charts of the numbers of personnel for the purposes of monitoring. The Committee requests the Government to provide further information on the collaboration between the labour inspectorate and employers and workers or their organizations.

Article 14. Notification of industrial accidents and cases of occupational disease. Further to its previous comments, the Committee notes the Government’s indication that the greatest difficulty is the employers’ failure to declare industrial accidents and cases of occupational disease. It notes that employers are bound to declare industrial accidents or cases of occupational disease, in line with Act No. 02/86 of 5 April 1986 establishing the Labour Code and Decree No. 24-A/90 of 1 August 1990 but that, according to the Government, they only rarely fulfil this obligation in practice. The Committee requests the Government to provide information on any measures taken or envisaged in order to improve the notification of occupational disease and accidents to the labour inspectorate.

Articles 20 and 21. Annual report on the activities of the labour inspection services. The Committee notes that the Government, while recognizing that there are problems with the drafting, classification, publication and submission of reports to the Office, is committed to working with the labour inspectorate to ensure that its reports are in line with the spirit of the Convention. The Government indicates that, while the labour inspectorate has presented such reports in the past, they have not fully met the requirements of Article 21 of the Convention. The Committee therefore requests the Government to take all necessary measures to ensure the establishment and publication of an annual report on the work of the inspection services, in conformity with Article 20 of the Convention, and to take the necessary measures to ensure that they contain the information on all the matters listed under Article 21.