Labour Inspection Convention, 1947 (No. 81) - Burkina Faso (Ratification: 1974)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.

The Committee notes the Government’s response to the observations of the National Confederation of Workers of Burkina (CNTB) on the application of these Conventions, made in 2015.

Articles 3(1) and (2) of Convention No. 81 and Articles 6(1) and (3) of Convention No. 129. Functions entrusted to labour inspectors. The Committee notes the Government’s indication, in response to the Committee’s previous comment, that Order No. 2017-032/MFPTPS/SG of 17 May 2017, on the organization, functions and operation of the regional labour and social security departments (DRTPS) provides that the departments include, among other services, the labour inspection services, responsible for monitoring activities, as well as the service for industrial relations and the promotion of social dialogue, which provides advice to the social partners and conciliation in industrial disputes. The Committee observes that this is the same structure as that provided by Order No. 2014-040/MFPTSS/SG of 13 August 2014. The Government also indicates that the DRTPS, commonly referred to as the Labour Inspectorate, are overseen and controlled by the Secretariat General of the Ministry of Labour, in the same way as the central services. The Government again indicates that the conciliation function does not interfere with the discharge of inspectors’ primary duties, and that the real difficulty stems from a lack of material resources. The Committee also notes the Government’s indication that 1,590 establishments were inspected in 2020 (including five agricultural establishments), while a total of 4,178 individual and collective labour disputes were dealt with. Moreover, the Committee notes, from the 2020 annual general report of the activities of the labour inspection services, that these figures represent an increase of 70.83 per cent in individual and collective disputes dealt with by the labour inspectorate as compared with 2019 and, according to the same report, that this increase could be explained by the effects of the COVID-19 health crisis. The Committee notes that conciliation is by far the dominant part of the labour inspectors’ activities. The Committee notes that the 2020 general report also contains information concerning the DRTPS staff and its geographical distribution, but that it does not specify the number of officers assigned to each DRTPS service. With reference to its previous comments concerning the human resources allocated to the labour inspection service, the Committee requests the Government to take the necessary measures so that, in conformity with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties which may be entrusted to labour inspectors do not interfere with the exercise of their primary duties, and to provide information on all progress achieved in this respect. The Committee also requests the Government to continue to provide information on the number of individual and collective disputes handled by the labour inspectors, specifying which DRTPS service took part in this task. The Committee also requests the Government to provide information on the number of labour inspection officers assigned to each DRTPS service, including the labour inspection service and the service for industrial relations and the promotion of social dialogue. Noting the adoption of Decree No. 0310 of 24 April 2018, establishing a conciliation allowance for labour inspectors and controllers, the Committee requests the Government to provide information on the application in practice of this Decree, and to communicate a copy thereof in its next report.

Articles 3(1)(b) and 5 of Convention No. 81 and Articles 6(1)(b) and 13 of Convention No. 129. Preventive action. The Committee notes that, in response to its previous comment, the Government reports on awareness-raising and information activities in the agricultural sector. Noting this information, the Committee requests the Government to continue to provide information on the preventive action undertaken by the labour inspectors in agriculture and in other sectors where the number of occupational accidents is high, such as the manufacturing industry, the community service sector, social services and personal services.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 14 and 15 of Convention No. 129. Means of enforcement in the event of violations of the legislation covered by the Convention. Cooperation with the judicial system. The Committee notes the Government’s indication, in response to the Committee’s previous comment, that several meetings were organized between the Minister for Justice and the Minister for Labour with a view to establishing a permanent framework for dialogue between the labour administration and the judicial authorities. The Government notes that these meetings have led to the elaboration of a draft inter-ministerial order putting the said framework in place and the process of its formal establishment has reached the final phase. Regarding violations, the Government notes that no violation report has been filed with the courts. The Committee also notes, from the annual reports on the activities of the labour inspection services, that the number of fines imposed remains small in comparison to the number of violations identified: 134 fines for 109,867 violations noted in 2019, and 152 fines for 93,001 violations in 2020. Furthermore, the Committee notes that over the course of these two years, not a single fine was issued in the agricultural sector. The Committee requests the Government to provide information on progress towards adoption of the inter-ministerial order establishing a permanent framework for dialogue between the labour administration and the judicial authorities. The Committee also requests the Government to intensify its efforts to strengthen cooperation between the inspection services and the judicial system and to communicate information on the number of violations referred to the judicial system and any court rulings.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service. The Committee notes the Government’s indication in response to the Committee’s previous comment, that the current constitutional provisions make it impossible to accord autonomous status to labour inspectors and controllers. The Government indicates, as a result of this, that the provisions relative to the autonomous status of labour inspectorsthat were included in the draft labour code have been removed, to allow this matter to be dealt with more suitably in the framework of the next constitutional revision. The Committee requests the Government to provide details of the constitutional provisions preventing the adoption of conditions of service in respect of labour inspectors and controllers. The Committee also requests the Government to indicate the measures taken to ensure that labour inspectors and controllers enjoy conditions of service which guarantee them stability of employment and ensure that they are independent of changes of government and of improper external influences.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Initial and subsequent training of labour inspectors. The Committee notes the Government’s indication in response to its previous comment, that in 2015 around 30 labour inspectors benefited from a training course on the management of chemical hazards in agriculture during the African Day for the Prevention of Occupational Risks. The Committee also notes the Government’s indication that consideration is still being given to ensuring that specific modules on safety and health in agriculture are included as part of the labour inspectors’ training. Moreover, the Committee notes that, according to the Government, in 2020 a total of 158 controllers and labour inspectors from the DRTPS were trained, against 55 form the central services. The issues covered included, among other subjects, social dialogue and collective bargaining, the protection of workers, occupational safety and health, social protection, labour statistics, programme budget, petty cash account management, the practice and ethics of labour inspection, international labour standards, and governance of migration. The Committee requests the Government to continue its efforts to ensure that issues specific to the agricultural sector should be included in the context of the training provided to labour inspectors and controllers. It requests the Government to communicate information on all progress achieved in this respect.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Material and human resources. The Committee notes the Government’s indication, in response to its previous comment, that at 31 December 2020, DRTPS staff stood at 176 technical officers (88 labour inspectors and 88 labour controllers). The Government also indicates that the staff of the central services numbered 73 technical officers (62 labour inspectors, ten labour controllers and a workplace physician). The Committee notes that the 2020 total number of DRTPS labour controllers and inspectors (248) is lower than the 2019 total of 263 inspectors and controllers. The Committee also notes the Government’s indication that each central service is equipped with at least one vehicle and a motorcycle and each DRTPS is equipped with at least one vehicle. Moreover, the Committee notes from the 2020 annual report of the activities of the labour inspection services, that the budget allocated to the inspection services has been reduced by 30.6 per cent in comparison to 2019, a drop explained by the health and security crisis. The Committee notes that at 31 December 2020: (i) every DRTPS was equipped with office computers and printers; (ii) nine DRTPS out of 13 had at least one telephone line; (iii) the three central services had neither telephone nor fax; and (iv) and there was a reduction in the amount of computer equipment available in the DRTPS and in the central services. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that the labour inspection services have sufficient human and material resources necessary for their operation, including measures taken to increase the number of labour inspectors and the budgetary resources placed at the disposal of the labour inspection.

Article 13 of Convention No. 81 and Article 18 of Convention No. 129. Powers of the labour inspectorate. The Committee notes the Government’s reference to section 395.2 of the Labour Code, under which labour inspectors may make or have made orders requiring measures with immediate executory force, which can go as far as halting the work, in the event of imminent danger to the health and safety of workers. The Government also indicates that when working conditions are such as to constitute a threat to the health and safety of workers, the employer is put on official notice to remedy the situation. The official notice served by the labour inspector has immediate executory force. Noting the absence of information in this respect, the Committee again requests the Government to provide statistics on the number of measures ordered by the labour inspectors to remedy defects observed, in cases where they have reasonable cause to believe that there exists a threat to the safety and health of workers.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. The Committee notes from the annual reports on the activities of the labour inspection services, from 2019 and 2020 respectively, that only one case of an occupational disease was notified to the National Social Security Fund (CNSS) and was investigated by the labour inspectorate. The Committee requests the Government to continue its efforts to ensure that the labour inspection services are informed of cases of occupational disease, in conformity with Articles 14 of Convention No. 81 and 19 of Convention No. 129, and to provide information on the measures taken or envisaged in this respect. It also requests the Government to continue to provide information on the number of notifications of occupational accidents and of occupational disease received by the Labour inspectors.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Publication of annual reports on the work of the labour inspection services. The Committee notes that in 2020, 2021 and 2022 the Government communicated copies of the annual reports on the activities of the labour inspection services to the Office and that the reports werealso available on the Government’s website. The Committee notes that these reports contain information on the number of labour inspectors and controllers, the number of inspections, and statistics on the number of violations observed, of occupational accidents and diseases that have been notified to the CNSS and have been investigated by the labour inspectors. The Committee notes that these reports contain disaggregated information in respect of inspection in agriculture. The Committee encourages the Government to pursue its efforts to ensure that the report on the work of the labour inspection contains all the information set out in Article 21 of Convention No. 81 and in Article 27 of Convention No. 129, including statistics on workplaces liable for inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129), and statistics on penalties imposed (Article 21(e) of Convention No. 81 and 27(e) of Convention No. 129). Noting the absence of information in this respect, the Committee also requests the Government to provide information on the progress achieved in establishing a register of enterprises liable to labour inspection, including the relevant enterprises from the agricultural sector.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.

The Committee notes the observations made by the National Confederation of Workers of Burkina (CNTB) on the application of these Conventions, received in 2015.

Legislation. Technical assistance. The Committee notes that in October 2017 the Government received ILO technical assistance on the preliminary draft of the Bill to issue the Labour Code. It hopes that, in the context of the finalization of the Bill, the Government will take fully into account the technical comments made by the Office and the points raised by the Committee below.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Functions entrusted to labour inspectors. In its previous comments, the Committee requested the Government to consider the adoption of legislative and practical measures, such as the transfer of conciliation functions to a conciliation body established for that purpose, to relieve labour inspectors of conciliation duties so that they can devote themselves to their primary duties. In this regard, the Committee notes the information provided by the Government in its report that, in accordance with Order No. 2014-040/MFPTSS/SG of 13 August 2014, the regional labour and social security departments (DRTSS) consist of five different services, including the labour inspection service, responsible among other functions for supervision, and the service for industrial relations and the promotion of social dialogue, responsible among other areas for the settlement of individual and collective labour disputes. The Government adds that inspectors and controllers (assistant inspectors) are assigned to these different services for a specific period, during which they focus exclusively on that service. The Government considers that the conciliation function is not an obstacle to the discharge of the primary duties of inspectors and that the real difficulty lies in the lack of material resources. However, the Committee notes that, according to the CNTB, there is no effective supervision of enterprises, as labour inspectors are confined to their duties relating to the conciliation of labour disputes. The Committee also notes, according to the annual general report on the labour inspection services (hereinafter the annual report), that in 2015 the number of workplaces inspected was 1,284, and that the total number of labour disputes dealt with was 3,859. While noting the administrative separation between the services responsible for supervision and those engaged in conciliation, the Committee notes that in practice the proportion of the activities of labour inspectors devoted to conciliation is still predominant. In a context of limited resources of the labour inspection services, the Committee requests the Government to continue its efforts to reverse this situation so that the duties of labour inspectors set out in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129 take precedence over their conciliation activities.

Articles 3(1)(b), and 5 of Convention No. 81 and Articles 6(1)(b), and 13 of Convention No. 129. Preventive action. In its previous comments, the Committee requested the Government to provide further information on the prevention activities undertaken by the labour inspection services. The Committee notes the Government’s indication in this regard that the labour inspection services provided support to eight enterprises for the establishment of occupational safety and health committees in 2012, four in 2013 and 2014, and a regional occupational safety and health coordination body in 2014. The labour inspection services have also carried out awareness-raising, information and training activities. However, the Committee notes that the Government has not replied to its request for information on preventive action in agriculture, including in areas identified as having a high incidence of employment accidents. With reference to its comments on the Safety and Health in Agriculture Convention, 2001 (No. 184), in which it noted the lack of information on the activities carried out in practice, the Committee once again requests the Government to provide information on the preventive action undertaken by labour inspectors in the agricultural sector.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 14 and 15 of Convention No. 129. Means of enforcement in the event of violations of the legislation covered by the Convention. Cooperation with the judicial system. In its previous comments, the Committee noted that, of the total of 6,844 infringements indicated in the annual report for 2007, none had given rise to fines. It notes that, of the 34,200 infringements reported in the annual report for 2015, 47 infraction reports imposing fines were issued. With regard in particular to agriculture, it notes that the number of infringements was 57, but that no infraction reports imposing fines were issued. It also notes the Government’s indication that it is planning to establish a framework for permanent dialogue between the inspection services and the justice system with a view to improving coordination and cooperation between the labour inspectorate and the judicial authorities. The Committee requests the Government to provide information on the progress achieved in the context of this initiative and to ensure in this respect that problems specific to the agricultural sector are taken into account. The Committee also requests the Government to provide information on the number of cases of violations of labour law referred to the judicial system and any court rulings.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service. The Committee notes the information provided by the Government in reply to its request on the distribution of functions between labour inspectors and labour controllers (assistant inspectors) and on their conditions of service. It notes in this respect that labour controllers assist labour inspectors, in accordance with section 400 of the Labour Code, and that they are empowered to deal with infringements through infraction reports in accordance with section 395 of the Labour Code. It also notes that labour inspectors and controllers have the same conditions of service as all public service officials, in accordance with Act No. 13/98/AN of 28 April 1998 establishing the legal regime applicable to employment and officials in the public service. The Government adds that specific conditions of service are being developed for labour inspectors and controllers. In this regard, the Committee notes that section 403 of the draft Bill to issue the Labour Code provides that labour inspectors and controllers shall be governed by conditions of service which guarantee them stability of employment and ensure that they are independent of changes of government and of improper external influences. The Committee requests the Government to provide a copy of the conditions of service of labour inspectors and controllers once they have been adopted.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Initial and subsequent training of labour inspectors. With reference to its previous comments, the Committee notes the detailed information contained in the annual reports for 2013, 2014 and 2015 on the initial and subsequent training provided to labour inspectors and controllers. The Government adds that a further training plan was developed and validated in 2014 with a view to strengthening the general capacities of inspectors and the specialization of certain inspectors and controllers in priority fields, such as occupational safety and health, child labour, International Labour Standards and social dialogue. It also indicates that fields relating to agriculture are covered in training modules at the National School of Administration and Law (ENAM), which cover occupational safety and health and occupational medicine, but that there is no further training for labour inspectors and controllers in fields specifically related to agriculture. The Committee requests the Government to take measures to include issues specific to the agricultural sector in the context of the further training provided to labour inspectors and controllers and requests it to provide information on any progress achieved in this regard.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Material and human resources. The Committee notes that, according to the annual report for 2015, the total number of labour inspectors and controllers was 139 and 118, respectively, in that year. It notes that the report also provides information on the number of vehicles, motorcycles, telephone lines and computers in the four central departments and the 13 DRTSS. With regard to computers, the Government indicates that on average three officials use a single operational computer in the DRTSS, and on average two officials in the central departments. It refers to the application of Joint Order No. 2015-048/MFPTSS/MEF of 19 May 2015 determining the benefits in kind of labour inspectors, which should enable each labour inspector and controller to have a laptop computer. The Committee also notes the conclusions of the annual report for 2015, which emphasize that, notwithstanding the satisfactory results of labour inspection, difficulties remain and are essentially due to the inadequacy of financial and material resources. The CNTB observes that workplaces are not inspected as a result of the lack of logistical (means of transport) and human resources. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that the labour inspection services have at their disposal the material resources necessary for their operation, including a sufficient number of telephone lines, computers and Internet access, and adequate means of transport. It also requests the Government to provide details on the improvements resulting from the application of Joint Order No. 2015-048/MFPTSS/MEF of 19 May 2015.

Article 13 of Convention No. 81 and Article 18 of Convention No. 129. The Committee notes that sections 273, 274 and 407 of the draft Bill address the powers of labour inspectors in the event of conditions of work that are hazardous for the health and safety of workers. In accordance with Article 13 of Convention No. 81 and Article 18 of Convention No. 129, the provisions of the Bill should specify that it is sufficient for labour inspectors to have reasonable cause to believe that there exists a threat to the health and safety of workers to take the measures envisaged in these Articles of Conventions Nos 81 and 129. The Committee requests the Government to ensure that labour inspectors are empowered, in law and practice, to take the measures envisaged in the above Articles of the Conventions when they have reasonable cause to believe that there exists a threat to the health and safety of workers. It requests the Government to provide statistical information on the number of compliance orders issued by labour inspectors to eliminate defects identified in cases when they have reasonable cause to believe that there was a threat to the health and safety of the workers.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. In its previous comments, the Committee noted the very low number of cases of occupational disease reported and of occupational physicians employed by the labour inspection services. The Committee notes that, according to the annual reports for 2013, 2014 and 2015, between six and seven cases of occupational disease were notified each year, with no cases in the agricultural sector. Recalling the importance of the notification of industrial accidents and cases of occupational disease, the Committee firmly encourages the Government to take measures to ensure that the labour inspection services are duly informed not only of employment accidents, but also of occupational diseases. In particular, it encourages the Government to make efforts in this respect in the agricultural sector. It requests the Government to provide information on any progress achieved in this regard.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Publication of annual reports on the work of the labour inspection services. In its previous comments, the Committee requested the Government to provide information on the progress achieved in the establishment of a register of enterprises, including agricultural undertakings, where necessary with ILO technical assistance. In this regard, the Committee notes the Government’s indication that it plans to request technical assistance. The Government adds, with regard to the agricultural sector, that it is still dominated by family undertakings which essentially employ family members, covering small areas, from which the production is destined for family consumption, which makes it difficult to establish a reliable register. The Committee also notes the indication by the CNTB that it has no official documentation indicating the scope or extent of work in this sector. The CNTB adds that the sector is developing as a result of the facilities offered to agribusiness. The Committee encourages the Government to continue its efforts to establish registers of enterprises liable to labour inspection. It also encourages the Government to continue developing the information contained in the annual reports, in accordance with Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129.

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

Article 3(1) and (2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes the indication in the Government’s report that in the majority of the 13 Regional Directorates for Labour and Social Security, inspections of workplaces are conducted in accordance with inspection plans, which are determined three times a year, and that conciliation sessions are held by labour inspectors during their free days without interfering with the inspection plans. It also notes the Government’s reference to a rotation system in the regional directorates of Ouagadougou and Bobo-Dioulasso, where labour inspectors assume the functions of inspection, conciliation and statistics, each for a period of six months, before being rotated. The Committee understands that, in the view of the Government, the fact that the functions of inspection and conciliation are not carried out over the same period acts as a safeguard in ensuring that the functions of conciliation do not interfere with the effective discharge of the primary duties of inspectors, nor prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers. However, the Committee notes from the information in the annual report on the work of the labour inspection services for 2007 that the labour inspection services inspected 1,345 enterprises and handled 2,771 cases of individual, as well as 43 cases of collective labour disputes. In view of the large quantity of labour disputes compared with the number of inspections carried out, the Committee wishes to draw the Government’s attention to the guidance provided in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which “the function of labour inspectors should not include that of acting as conciliators, or arbitrators in proceedings concerning labour disputes. The Committee emphasizes, in paragraph 72 of its 2006 General Survey on labour inspection, that the time and energy that labour inspectors spend on seeking solutions to collective labour disputes, especially in a situation in which resources are scarce, is often at the expense of the performance of their primary duties, as defined in Article 3(1) of the Convention. The Committee asks the Government to provide up-to-date information on the proportion of time spent on supervisory activities in relation to conciliation duties. It asks the Government to consider the adoption of legislative and practical measures (such as the transfer of conciliation functions to a conciliation body established for that purpose) to relieve labour inspectors of conciliation duties so that they can resume their primary duties, as defined in Article 3(1) of the Convention, with a view to enabling them to carry out inspections in the highest possible number of industrial and commercial workplaces liable to inspection, and thereby contributing to the prevention of situations that may give rise to labour disputes.

Articles 3(1)(b) and 5. Preventive activities. The Committee notes with interest the information in the general report on labour inspection for 2007 that the Directorate General for Labour and the Regional Directorates for Labour and Social Security facilitated several workshops and training seminars in 2007 for trade unions and employers’ organizations, including in some large enterprises. The subjects covered included the interpretation of the provisions of the Labour Act and the Social Security Act, in particular those relating to employment contracts, occupational safety and health (OSH) and the right to organize and collective bargaining. The Committee asks the Government to provide further details on the preventive activities carried out and, where applicable, the collaboration with workers’ and employers’ organizations in this regard. It would be grateful if, in addition to providing information on training activities for workers at the enterprise level, workshops and seminars (number and duration, the subjects covered, number of participants), the conduct of awareness-raising campaigns, etc. Please also indicate whether any preventive measures have been taken in sectors with a high incidence of industrial accidents, such as the manufacturing industry.

Articles 6 and 7. Conditions of service, initial and subsequent training of labour inspectors. The Committee notes the Government’s indication in its report that both labour inspectors and controllers carry out inspection duties as defined by Article 3(1) of the Convention. It also understands from the information in the general report on labour inspection for 2007, that inspectors with the grade of labour inspector and labour controller are recruited through competitions. The Committee notes with interest the detailed information on the comprehensive initial training provided to new recruits at the grades of labour inspector and controller in two-year courses at the National School of Administration and Law (ENAM), which cover a broad range of subjects, including specialized training on occupational medicine, OSH, procedural aspects of labour law, report writing, etc. However, the Committee notes that, according to the general report on labour inspection for 2007, there is a lack of specialized training during their employment, which limits the quality of the interventions by labour inspectors. It also notes the indication that the current situation is not conducive to retaining staff within the labour inspection services.

The Committee asks the Government to indicate the distribution of functions between labour controllers and labour inspectors. Please also indicate the conditions of service of these categories (pay, subsistence allowances, career opportunities, merit bonuses, etc.) in relation to other categories of public officials with comparable duties and responsibilities. The Committee would be grateful if the Government would also communicate any relevant text in this regard.

It also asks the Government to provide information on the training provided to labour inspectors in the course of their employment (subjects covered, number of participants, duration, etc.).

Articles 10 and 11. Human and material resources available for the effective discharge of the labour inspection functions. The Committee notes that there is no up-to-date information on the number of labour inspectors which the Government, according to the indications in its last report in 2008, planned to increase. It notes the Government’s indications in its report that motorbikes and other vehicles are provided to labour inspectors and controllers for inspections, and that each of the 13 regions has at least one motorbike. In response to the Government’s request in this regard, the Committee notes the Government’s reference to Decree No. 2008-663/PRES/PM/MEF of 22 October 2008 on the reimbursement for public servants of missions to the interior of the country, which was not attached to the Government’s report. The Committee further notes that a draft decree on the benefits in kind granted to labour inspectors under section 392 of the Labour Code is currently being prepared in cooperation with labour inspectors and controllers. The Committee would be grateful if the Government would provide up-to-date information on the number of labour inspectors and the material means available to them (computers, printers, telephone, fax) in the regional directorates, and the number and type of transport available.

The Committee requests the Government to provide a copy of the Decree to which the Government referred on coverage of the travelling expenses of labour inspection staff, as well as a copy of the abovementioned decree on the benefits in kind granted to labour inspectors, when it has been adopted.

Articles 5(a), 17 and 18. Effective enforcement of breaches of the legislation covered by the Convention. Cooperation with the justice system. The Committee notes from the general report on labour inspection for 2007 that 1,345 inspections were carried out affecting 24,904 workers, in the course of which a total of 6,844 infringements were detected by labour inspectors. The Committee notes, however, the information in the general report on labour inspection for 2007 that, while labour inspectors issued compliance orders in the case of observed infringements, no fines were imposed and in no case was the closure of an establishment ordered. According to the assessment in the general report on labour inspection for 2007, this could be explained by the lack of a form at the disposal of labour inspectors for the imposition of fines in cases of violations. Furthermore, information is missing on the number of cases submitted to the judicial authorities for violations of legal provisions relating to the conditions of work and protection of workers. The Committee requests the Government to take appropriate measures to ensure that legal provisions relating to the conditions of work and the protection of workers are effectively enforced and to provide information on any progress made in this regard. If applicable, please also provide information on any difficulties encountered.

The Committee asks the Government to provide statistical information on the number of violations detected, the legal provisions to which they relate, the number of cases submitted to the courts and their outcome (nature of the sanctions applied, amount of fines imposed, etc.). Please include such information in the annual reports on labour inspection.

Please also indicate any measures taken or envisaged to enhance effective coordination and cooperation between the labour inspection services and the judicial authorities (such as training, consultations, joint meetings, etc.).

Article 14. Notification of industrial accidents and cases of occupational disease to the inspectorate. The Committee notes the information in the general report for 2007 that 1,508 accidents were declared to the National Social Security Fund (NSSF), and that, of these, 242 cases were investigated by labour inspectors. According to the information in the general report for 2007, the low number of investigations can be explained by the fact that the opinion of the labour inspectorate for the determination of the nature of the accident is only required under certain conditions. The Committee notes that, under the terms of article 246 of the Labour Code, which sets out the obligation of the employer to declare industrial accidents and cases of occupational disease to the NSSF and to the labour inspectorate, the modalities of this obligation are to be set out in accompanying laws. In this regard, the Committee notes that Decree No. 2009 270/PRES/MFPRE/MEF/MTSS/MJ/DEF of 7 May 2009, which is available at the ILO, contains a detailed list of cases of occupational disease. The Committee notes, however, that only four cases of occupational disease were reported to the labour inspection services in 2007, and that only one medical practitioner was working at the labour inspectorate in 2007.

The Committee would be grateful if the Government would provide a copy of any texts issued under article 246 of the Labour Code, and to describe in detail the procedure for the notification and registration of industrial accidents and cases of occupational disease, including the manner in which the labour inspectorate is notified of such incidences so as to investigate them and take measures to prevent their recurrence. The Committee would be grateful if the Government would provide an assessment of the cause of the low number of occupational diseases reported and whether it is envisaged increasing the number of occupational physicians working within the labour inspection services.

The Committee also requests the Government to provide information and data on the preventive action taken by the labour inspectorate with a view to remedying defects observed in workplaces which labour inspectors may have reasonable cause to believe constitute a threat to the health or safety of the workers, including measures with immediate executory force in the event of imminent danger to the health or safety of the workers, as provided for in Article 13 of the Convention.

Articles 20 and 21. Publication and communication of annual reports on the work of the labour inspection services. The Committee notes with interest that, following its repeated comments over two decades under these Articles, the Government has communicated an annual report on the work of the labour inspection services to the ILO, which contains information on the subjects covered by Article 21(a)–(g) of the Convention. The Committee notes that, according to the information in the Government’s report which concerns the year 2007, as at 31 December 2007 there were 24,969 employers (enterprises and establishments) registered in the NSSF, with 190,419 workers employed therein, which is however only less than 50 per cent of the potential workforce covered by the NSSF. Further to the Government’s indications in its last report on the creation in 2006 of a statistics directorate, entrusted with the establishment of a register of enterprises in cooperation with other concerned institutions, it notes the Government’s request for technical assistance for the conduct of a comprehensive census of enterprises liable to inspection. It also notes with interest the information that new inspection forms have been developed and have been placed at the disposal of labour inspectors in the 13 regions, which the Committee understands will enable a better collection of data on labour inspections. Furthermore, the Committee understands that the Government has requested technical assistance from the Office for the organization of training for labour inspectors on data collection in the framework of the ILO technical cooperation International Labour Standards Time-Bound Programme. The Committee asks the Government to provide information on the progress made with the establishment of a register of enterprises, if applicable, with ILO technical assistance. The Committee hopes that the Government will continue to make every effort to ensure that an annual inspection report is published and sent to the ILO, within the time limits set out in Article 20 of the Convention, containing the information required by Article 21(a)–(g).

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

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:

Repetition

The Committee notes the Government’s report and the adoption, on 13 May 2008, of Act No. 028-2008/AN issuing the Labour Code. It would like to draw the Government’s attention to the following points.

Articles 3 and 10 of the Convention. Duties and number of labour inspection staff. The Committee notes that, according to the Government, labour inspectors (22) and controllers (5) employed in the central offices carry out the roles and duties coming under the services or departments to which they are posted. Taking into account the large number of inspection staff appointed at the central level compared to the total number of staff employed in the country, the Committee would be grateful if the Government would indicate the number and distribution of labour inspectors and controllers who primarily carry out inspection duties, as defined by Article 3, paragraph 1, of the Convention, namely: (a) securing the enforcement of the legal provisions relating to conditions of work and the protection of workers; (b) supplying information and advice to workers and employers; and (c) duties related to improving the labour legislation.

Noting that, according to the new Labour Code (sections 320 et seq.; sections 369 et seq.), labour inspectors retain a role in the settlement of individual and collective labour disputes, the Committee requests the Government to provide information on the proportion of the activities of these public servants devoted to the settlement of disputes compared to the proportion devoted to the above inspection duties.

Emphasizing that, in accordance with Article 3(2) the Government shall ensure that duties other than those provided for by Article 3(1) of the Convention, entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers, the Committee requests the Government to indicate the manner in which effect is given to this provision of the Convention.

Article 7(3). Training of labour inspection staff. The Committee notes the increase in the number of persons being trained in 2008 compared to 2007 (44 in the category of inspectors compared to 34 in 2007 and 45 in the category of controllers compared to 33 in 2007). The Committee requests the Government to provide information on the training received by these public servants (duration, content), by indicating whether this training is provided with a view to their taking up the post of labour inspector or controller or as training during the course of their employment as inspectors and controllers already appointed.

Article 11. Reimbursement of travelling and incidental expenses of labour inspection staff. Means of transport available to them. The Committee once again requests the Government to provide a copy of the legal text which provides for the coverage of the travelling expenses of labour inspection staff referred to by the Government in its report. It also requests it to indicate whether provisions have been adopted under section 392 of the Labour Code which provides that “benefits in kind granted to labour inspectors shall be established by regulation” and, if so, to provide a copy to the Office. The Government is once again requested to provide detailed information on the means of transport available to labour inspectors and controllers performing their duties in the regions.

Article 12. Investigatory powers of labour inspectors. The Committee notes that inspectors’ powers have been supplemented, according to the provisions of section 397(4)(3) of the Labour Code, by the power “to take, remove or have someone remove for purposes of analysis samples of materials or substances used or handled, subject to the employer or his representative being notified”, in accordance with Article 12(1)(c)(iv). The Committee would nonetheless like to draw the Government’s attention to section 397 of the Labour Code, which does not provide for the right of inspectors to copy registers or make extracts from them (Article 12(1)(c)(ii)), nor to enforce the posting of notices required by the legal provisions (Article 12(1)(c)(iii)). It therefore requests the Government to keep the Office informed of the measures taken or envisaged to ensure that the provisions of the Labour Code concerning the powers of labour inspectors are supplemented in this regard.

Articles 19, 20 and 21. Periodic reports and annual report on the activities of the labour inspection services. Referring to its previous comments, the Committee once again notes with regret that no report has been provided to the Office, as a result of which, in the absence of statistics on the activities of the labour inspectorate, it is still unable to assess its operation in practice.

The Committee notes, however, that the Government mentions the creation in 2006 of a statistics directorate responsible in particular for establishing, in collaboration with the competent institutions, a register of the establishments subject to labour legislation obligations. The Committee hopes that this register will be created in the near future and requests the Government to keep the Office informed of any developments in this regard. Furthermore, in order to facilitate the collection and transmission of data, the Committee hopes that the Government will ensure the creation and availability to labour inspectors and controllers of tools, such as inspection forms, adapted to the various categories of establishment and containing, for example, headings concerning the type of inspection, the legislative areas covered by the inspection, violations reported and follow-up action taken (advice, information, notice of default, official report, etc.). It also hopes that periodic reports will be prepared by the regional inspection services and that, in accordance with Article 19, these reports will be submitted to the central inspection authority so that this authority is able to prepare and publish, in the near future, an annual report containing the information required by Article 21. The Government is requested to take the necessary measures to that end, in accordance with the provisions of Articles 19, 20 and 21 of the Convention.

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

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 report and the adoption, on 13 May 2008, of Act No. 028-2008/AN issuing the Labour Code. It would like to draw the Government’s attention to the following points.

Articles 3 and 10 of the Convention. Duties and number of labour inspection staff. The Committee notes that, according to the Government, labour inspectors (22) and controllers (5) employed in the central offices carry out the roles and duties coming under the services or departments to which they are posted. Taking into account the large number of inspection staff appointed at the central level compared to the total number of staff employed in the country, the Committee would be grateful if the Government would indicate the number and distribution of labour inspectors and controllers who primarily carry out inspection duties, as defined by Article 3, paragraph 1, of the Convention, namely: (a) securing the enforcement of the legal provisions relating to conditions of work and the protection of workers; (b) supplying information and advice to workers and employers; and (c) duties related to improving the labour legislation.

Noting that, according to the new Labour Code (sections 320 et seq.; sections 369 et seq.), labour inspectors retain a role in the settlement of individual and collective labour disputes, the Committee requests the Government to provide information on the proportion of the activities of these public servants devoted to the settlement of disputes compared to the proportion devoted to the above inspection duties.

Emphasizing that, in accordance with Article 3, paragraph 2, the Government shall ensure that duties other than those provided for by Article 3, paragraph 1, of the Convention, entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers, the Committee requests the Government to indicate the manner in which effect is given to this provision of the Convention.

Article 7, paragraph 3. Training of labour inspection staff. The Committee notes the increase in the number of persons being trained in 2008 compared to 2007 (44 in the category of inspectors compared to 34 in 2007 and 45 in the category of controllers compared to 33 in 2007). The Committee requests the Government to provide information on the training received by these public servants (duration, content), by indicating whether this training is provided with a view to their taking up the post of labour inspector or controller or as training during the course of their employment as inspectors and controllers already appointed.

Article 11. Reimbursement of travelling and incidental expenses of labour inspection staff. Means of transport available to them. The Committee once again requests the Government to provide a copy of the legal text which provides for the coverage of the travelling expenses of labour inspection staff referred to by the Government in its report. It also requests it to indicate whether provisions have been adopted under section 392 of the Labour Code which provides that “benefits in kind granted to labour inspectors shall be established by regulation” and, if so, to provide a copy to the Office. The Government is once again requested to provide detailed information on the means of transport available to labour inspectors and controllers performing their duties in the regions.

Article 12. Investigatory powers of labour inspectors. The Committee notes that inspectors’ powers have been supplemented, according to the provisions of section 397(4)(3) of the Labour Code, by the power “to take, remove or have someone remove for purposes of analysis samples of materials or substances used or handled, subject to the employer or his representative being notified”, in accordance with Article 12, paragraph 1(c)(iv). The Committee would nonetheless like to draw the Government’s attention to section 397 of the Labour Code, which does not provide for the right of inspectors to copy registers or make extracts from them (Article 12, paragraph 1(c)(ii)), nor to enforce the posting of notices required by the legal provisions (Article 12, paragraph 1(c)(iii)). It therefore requests the Government to keep the Office informed of the measures taken or envisaged to ensure that the provisions of the Labour Code concerning the powers of labour inspectors are supplemented in this regard.

Articles 19, 20 and 21. Periodic reports and annual report on the activities of the labour inspection services. Referring to its previous comments, the Committee once again notes with regret that no report has been provided to the Office, as a result of which, in the absence of statistics on the activities of the labour inspectorate, it is still unable to assess its operation in practice.

The Committee notes, however, that the Government mentions the creation in 2006 of a statistics directorate responsible in particular for establishing, in collaboration with the competent institutions, a register of the establishments subject to labour legislation obligations. The Committee hopes that this register will be created in the near future and requests the Government to keep the Office informed of any developments in this regard. Furthermore, in order to facilitate the collection and transmission of data, the Committee hopes that the Government will ensure the creation and availability to labour inspectors and controllers of tools, such as inspection forms, adapted to the various categories of establishment and containing, for example, headings concerning the type of inspection, the legislative areas covered by the inspection, violations reported and follow-up action taken (advice, information, notice of default, official report, etc.). It also hopes that periodic reports will be prepared by the regional inspection services and that, in accordance with Article 19, these reports will be submitted to the central inspection authority so that this authority is able to prepare and publish, in the near future, an annual report containing the information required by Article 21. The Government is requested to take the necessary measures to that end, in accordance with the provisions of Articles 19, 20 and 21 of the Convention.

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

The Committee notes the Government’s report and the adoption, on 13 May 2008, of Act No. 028-2008/AN issuing the Labour Code. It would like to draw the Government’s attention to the following points.

Articles 3 and 10 of the Convention. Duties and number of labour inspection staff. The Committee notes that, according to the Government, labour inspectors (22) and controllers (5) employed in the central offices carry out the roles and duties coming under the services or departments to which they are posted. Taking into account the large number of inspection staff appointed at the central level compared to the total number of staff employed in the country, the Committee would be grateful if the Government would indicate the number and distribution of labour inspectors and controllers who primarily carry out inspection duties, as defined by Article 3, paragraph 1, of the Convention, namely: (a) securing the enforcement of the legal provisions relating to conditions of work and the protection of workers; (b) supplying information and advice to workers and employers; and (c) duties related to improving the labour legislation.

Noting that, according to the new Labour Code (sections 320 et seq.; sections 369 et seq.), labour inspectors retain a role in the settlement of individual and collective labour disputes, the Committee requests the Government to provide information on the proportion of the activities of these public servants devoted to the settlement of disputes compared to the proportion devoted to the above inspection duties.

Emphasizing that, in accordance with Article 3, paragraph 2, the Government shall ensure that duties other than those provided for by Article 3, paragraph 1, of the Convention, entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers, the Committee requests the Government to indicate the manner in which effect is given to this provision of the Convention.

Article 7, paragraph 3. Training of labour inspection staff. The Committee notes with interest the increase in the number of persons being trained in 2008 compared to 2007 (44 in the category of inspectors compared to 34 in 2007 and 45 in the category of controllers compared to 33 in 2007). The Committee requests the Government to provide information on the training received by these public servants (duration, content), by indicating whether this training is provided with a view to their taking up the post of labour inspector or controller or as training during the course of their employment as inspectors and controllers already appointed.

Article 11. Reimbursement of travelling and incidental expenses of labour inspection staff. Means of transport available to them. The Committee once again requests the Government to provide a copy of the legal text which provides for the coverage of the travelling expenses of labour inspection staff referred to by the Government in its report. It also requests it to indicate whether provisions have been adopted under section 392 of the Labour Code which provides that “benefits in kind granted to labour inspectors shall be established by regulation” and, if so, to provide a copy to the Office. The Government is once again requested to provide detailed information on the means of transport available to labour inspectors and controllers performing their duties in the regions.

Article 12. Investigatory powers of labour inspectors. The Committee notes with interest that inspectors’ powers have been supplemented, according to the provisions of section 397(4)(3) of the Labour Code, by the power “to take, remove or have someone remove for purposes of analysis samples of materials or substances used or handled, subject to the employer or his representative being notified”, in accordance with Article 12, paragraph 1(c)(iv). The Committee would nonetheless like to draw the Government’s attention to section 397 of the Labour Code, which does not provide for the right of inspectors to copy registers or make extracts from them (Article 12, paragraph 1(c)(ii)), nor to enforce the posting of notices required by the legal provisions (Article 12, paragraph 1(c)(iii)). It therefore requests the Government to keep the Office informed of the measures taken or envisaged to ensure that the provisions of the Labour Code concerning the powers of labour inspectors are supplemented in this regard.

Articles 19, 20 and 21. Periodic reports and annual report on the activities of the labour inspection services. Referring to its previous comments, the Committee once again notes with regret that no report has been provided to the Office, as a result of which, in the absence of statistics on the activities of the labour inspectorate, it is still unable to assess its operation in practice.

The Committee notes, however, that the Government mentions the creation in 2006 of a statistics directorate responsible in particular for establishing, in collaboration with the competent institutions, a register of the establishments subject to labour legislation obligations. The Committee hopes that this register will be created in the near future and requests the Government to keep the Office informed of any developments in this regard. Furthermore, in order to facilitate the collection and transmission of data, the Committee hopes that the Government will ensure the creation and availability to labour inspectors and controllers of tools, such as inspection forms, adapted to the various categories of establishment and containing, for example, headings concerning the type of inspection, the legislative areas covered by the inspection, violations reported and follow-up action taken (advice, information, notice of default, official report, etc.). It also hopes that periodic reports will be prepared by the regional inspection services and that, in accordance with Article 19, these reports will be submitted to the central inspection authority so that this authority is able to prepare and publish, in the near future, an annual report containing the information required by Article 21. The Government is requested to take the necessary measures to that end, in accordance with the provisions of Articles 19, 20 and 21 of the Convention.

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

The Committee notes the Government’s report containing information in reply to its previous comments.

1. Article 10 of the Convention. Labour inspection staff. The Committee notes that the labour inspection services have a total staff of 76 inspection officials (41 inspectors and 35 controllers), with 15 inspectors and two controllers employed in the central offices, the others working in the 13 regional labour and social security departments. According to the Government, six labour inspectors and one controller are on leave of absence, six inspectors are on secondment and another four have been made available to other ministerial departments, while 34 labour inspectors and 33 controllers are pursuing their training at the National School of Administration and Law (ENAM) in Ouagadougou. The Committee would be grateful if the Government would: (i) supply further information on the distribution of the roles and duties assigned to labour inspectors and controllers based in the central offices of the Ministry and working in the regions, in the light of the inspection duties defined by Article 3, paragraph 1, of the Convention; (ii) send available information on the number and geographical distribution of industrial and commercial workplaces liable to inspection and also of the workers employed therein; or (iii) if such information is not available, take steps to identify and register these workplaces in order to ensure observance of the legislation relating to conditions of work and the protection of workers, and keep the ILO informed of progress made in this respect.

2. Article 11, paragraph 2, and Article 16. Reimbursement of labour inspectors’ travelling and incidental expenses. With reference to its previous comments, the Committee notes, in reply to its request for further information regarding the allocation of allowances for business travel to labour inspection officials pursuant to Decree No. 95-395 of 29 September 1985, quoted in each of the previous reports from the Government, that this Decree has been superseded by Act No. 019-2005/AN of 18 May 2005 amending Act No. 013/98/AN of 28 April 1998 establishing the legislation applicable to civil service posts and officials. The Committee would be grateful if the Government would send a copy of Act No. 019‑2005/AN of 18 May 2005 and of any implementing regulations, if applicable, particularly as regards the allocation of travelling expenses to labour inspectors. It also requests the Government to supply further information on means of transport (cars and motorcycles), which, according to its report, were due to be made available in the near future to the inspection services and on practical arrangements for their use for inspection visits.

3. Article 12, paragraph 1(a) and (b). Free access of labour inspectors to workplaces liable to inspection. The Committee notes with satisfaction that, under section 367 of the 2004 Labour Code, inspectors now have the right to enter workplaces liable to inspection and other workplaces, in conformity with the right established by these provisions of the Convention.

4. Articles 20 and 21. Annual report on the work of the labour inspection services. With reference to its previous comments, the Committee notes with regret that no annual labour inspection report has been sent to the ILO for many years. It trusts that the Government will take the necessary steps as soon as possible to ensure, if necessary with technical assistance from the ILO, that an annual report containing the information required by Article 21 of the Convention is  published in future and transmitted to the ILO in the manner and within the deadlines prescribed by Article 20.

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

Also referring to its observation, the Committee once again asks the Government to indicate the number of the labour inspection staff (inspectors and controllers) and their geographical distribution (Article 10 of the Convention).

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

The Committee notes the Government’s report, which replies in part to its previous comments.

1. The Committee once again asks the Government to provide information on the following matters.

Reimbursement of travelling and incidental expenses necessary to the performance of duties of labour inspectors. With reference to its previous comments and noting the information supplied by the Government for the period ending May 2000 concerning the increase in the number of regional labour directorates and the forthcoming expansion of their equipment and means of transport, the Committee once again asks the Government to provide information enabling it to ascertain whether the allowances granted to inspectors under Decree No. 95-395 of 29 September 1995 are adequate to cover the travelling and incidental expenses in accordance with Article 11, paragraph 2, of the Convention which they need to conduct inspection visits as frequently as prescribed by Article 16.

Free access of labour inspectors to workplaces liable to inspection. The Committee would be grateful if the Government would supply information on the measures announced in a previous report to bring into line with the Convention the legislation allowing labour inspectors free access to workplaces in accordance with Article 12, paragraph 1(a), at any hour of the day or night to any workplace liable to inspection and paragraph 1(b), by day to any premises which they may have reasonable cause to believe to be liable to inspection.

2. Annual reports on the work of the inspection services. Referring to its previous comments, the Committee notes the indication that annual reports covering the period 1994-99 are available and will soon be transmitted to the ILO. The Committee reminds the Government that, in accordance with Article 20 of the Convention, annual labour inspection reports should be published within a reasonable time, and in any case, within 12 months after the end of the year to which they relate (paragraph 2), and that copies of such reports should be transmitted to the ILO within a reasonable period after their publication and in any case within three months (paragraph 3). The Committee asks the Government to take appropriate measures to give full effect to these provisions of the Convention.

The Committee is addressing a request directly to the Government on another issue.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Referring also to its observation and to the Government’s reports for the period ending May 2001, the Committee requests the Government to supply supplementary information on the following points.

Article 16 of the Convention. Noting the information on decentralization of labour services, the Committee requests the Government to indicate the impact of this decentralization on the frequency and quality of inspection visits.

Article 7. Noting with interest the information on the many training activities conducted for the benefit of inspection staff, particularly with ILO cooperation at national level and at the Turin Training Centre, the Committee requests the Government to continue to supply regular information on in-service training for labour inspectors, particularly in regard to the spheres to which it relates, the number of inspectors involved and the periodicity of training cycles.

Articles 8 and 10. Noting the recruitment of five inspectors in 2000 as well as the announcement that 15 new work supervisors trained at the Ecole nationale d’administration et de magistrature (ENAM)will shortly be available, the Committee would be grateful if the Government would supply information on the evolution in staff numbers in the labour inspectorate and their geographical distribution, to indicate the proportion of women in each category and to state whether special duties are assigned to men and women inspectors respectively as suggested in Article 8.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s reports and the information they contain which partly reply to its previous comments. It draws the Government’s attention to the following points.

1. Labour inspectorate and child labour. In response to the Committee’s general observation of 1999 on the Labour Inspectorate’s role in combating child labour, the Government indicates the recent ratification of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee further notes with interest that the Government has signed a Memorandum of Understanding with the International Programme on the Elimination of Child Labour (IPEC) and that in this context labour inspectors and supervisors attended an awareness-raising seminar. Noting that, according to the Government, the material and human constraints impeding action by the labour inspection services in this area are gradually being reduced, the Committee hopes that the Government will not fail to take all possible measures enabling labour inspectors to participate actively in combating unlawful child labour and inform the competent authorities of the country’s status in this regard.

2. Reimbursement of travelling and incidental expenses necessary to the performance of duties of labour inspectors. With reference to its previous comments and noting the information supplied by the Government for the period ending May 2000 concerning the increase in the number of regional labour directorates and the forthcoming expansion of their equipment and means of transport, the Committee once again asks the Government to provide information enabling it to ascertain whether the allowances granted to inspectors under Decree No. 95-395 of 29 September 1995 are adequate to cover the travelling and incidental expenses in accordance with Article 11, paragraph 2, of the Convention which they need to conduct inspection visits as frequently as prescribed by Article 16.

3. Free access of labour inspectors to workplaces liable to inspection. The Committee would be grateful if the Government would supply information on the measures announced in a previous report to bring into line with the Convention the legislation allowing labour inspectors free access to workplaces in accordance with Article 12, paragraph 1(a), at any hour of the day or night to any workplace liable to inspection and paragraph 1(b), by day to any premises which they may have reasonable cause to believe to be liable to inspection.

4. Annual reports on the work of the inspection services. The Committee notes with regret that, although the Government has repeatedly announced the preparation of an annual inspection report, the information on the items listed in Article 21(a) to (g) has still not been published or transmitted in the form of some kind of report as prescribed by Article 20, the last annual statistics sent to the ILO dating back to 1993. The Committee draws the Government’s attention to the importance, for the aims of the Convention, of publishing an annual inspection report drawn up on the basis of the guidelines given in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81). At the national level, it enables those concerned, particularly employers and workers and their organizations and public and private institutions whose activities are related to the world of work, to become acquainted with the operation of the inspection services and the difficulties the latter may encounter in carrying out their activities and to elicit their reactions in a constructive spirit. Furthermore, transmission of such a report to the ILO within the prescribed time limit is intended to enable the international supervisory bodies to assess the extent to which the Convention is applied and provide the Government with useful guidelines for improvement. The Committee would be grateful if the Government would take appropriate steps to ensure that the central inspection authority fulfils its obligation to produce an annual report in accordance with Articles 20 and 21, and to provide information in the near future on progress made.

The Committee is addressing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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 report and the information provided in response to its previous comments. The Committee also notes the legislative texts which were received after the report. The Committee refers to its previous comments and requests the Government to provide additional information on a certain number of points.

1. Articles 7 and 10 of the Convention. The Government indicates that, since its last report, recruitment of public officials has not increased significantly, which the statistical data provided confirmed. To indicate the progress made in training inspectors, the Government points out that during 1995 and 1996 a dozen labour controllers were promoted to the position of labour inspectors and that seminars and training workshops have enabled labour inspectors to specialize in various fields. However, it should be noted that if the promotion of those concerned constitutes the recognition of professional qualifications which have been acquired to carry out their new functions, it cannot however be assimilated to an act of training. The Committee would like to draw the Government's attention to the contents of paragraph 155 of the General Survey of 1985 on labour inspection in which it emphasizes that, whatever the value of the training given to inspectors on their entry into service, it is advisable that it should be periodically supplemented, not only in order to refresh their knowledge but also to keep them abreast of new technologies. In particular, the Committee recommends that, in respect of the various methods of training which exist, depending on the availability of resources, further training courses should be organized more or less systematically (paragraph 155). The Committee requests the Government to specify in its next report the frequency and programme content of the seminars and workshops intended for labour inspection staff. The Committee requests the Government to provide information on progress noted in respect of recruitment of staff and visits of inspection.

2. Article 11, paragraphs 1 and 2, and 16. The Committee notes the information to the effect that, within the framework of the decentralization of labour services, five regional labour employment and social service offices have been established and that their number is expected to increase to nine in 1999. The Committee recalls that under the provisions of this Convention the competent authority shall make the necessary arrangements to furnish labour inspectors with local offices, suitably equipped in accordance with the requirement of the service, and accessible to all persons concerned (paragraph 1(a)), as well as the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist (paragraph 1(b)). The Committee requests the Government to provide further details on the expected practical effect of the decentralization of labour services on the application of the above measures, whose objective is to enable workplaces, subjected to inspection, to be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions relating to conditions of work and the protection of workers while engaged in their work (Articles 3 and 16). The Committee notes moreover with interest that, section 20 of Decree No. 95395 of 29 September 1995 lays down that labour inspectors and controllers have the right to an allowance for the exercise of their duties and additional compensation for the constraints and special conditions of service, and that the Government states in its report that any expenditure necessary for the exercise of their duties shall be fully reimbursed if this expenditure is, in fact, justified. The Committee requests the Government to specify whether the allowances granted to labour inspectors under the above Decree reimburses travel expenditure incurred for the performance of their duties, in particular, periodical and selective visits of inspection, and to indicate, whether the above reimbursement is a ixed amount or variable in respect of real expenses incurred in this respect. Where expenses are not covered by the above-mentioned allowances and bonuses, the Government is requested to provide a breakdown of expenses which are reimbursed upon receipt of expense claim forms in respect of the inspection service, as indicated in the report.

3. Article 12, paragraph 1. The Committee refers to its previous comments to the effect section 222 of the Labour Code does not empower labour inspectors, on the one hand, to enter by night premises which they may have reasonable cause to believe to be liable to inspection and, on the other, to enter by day premises where they may have reasonable cause to believe persons liable to the Labour Code are working, and notes the Government's intention to re-examine this provision. The Committee draws the Government's attention to paragraph 157 and subsequent paragraphs in the above General Survey which define the labour inspection provisions in this respect, namely that these provisions aim expressly at giving labour inspectors the possibility of supervising, without prior warning and at any time, establishments liable to inspection, considering the unexpected nature of the inspection visit as the best guarantee of effective supervision. The Committee considered that where inspection is restricted to working hours, the inspectors' power of entry does not enable them to ascertain whether workers are being unlawfully employed outside normal working hours and moreover, it is often easier to check the state of certain machines when they are not in use and therefore more effective to inspect them when the undertaking is not operational. The Committee hopes that this information will inspire the Government to take rapid measures to give effect to this provision and that the Government will not fail to provide information in its next report on progress achieved in this respect.

4. Articles 20 and 21. The Committee notes with interest the report detailing labour statistics for 1993 and the Central-East Regional Employment and Social Security Service quarterly report on inspection activities (April, May and June 1997). The Committee draws the Government's attention to the fact that annual reports, of a general nature, on labour inspection activities in respect of paragraphs (a) to (g) of Article 21 must be published and transmitted to the ILO within the time period laid down in Article 20. The Committee hopes that, in future, the Government will be in a position to give effect to the provisions of the Convention by publishing the above reports and transmitting them to the Office within the period specified.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report and the information provided in response to its previous comments. The Committee also notes the legislative texts which were received after the report. The Committee refers to its previous comments and requests the Government to provide additional information on a certain number of points.

1. Articles 7 and 10 of the Convention. The Government indicates that, since its last report, recruitment of public officials has not increased significantly, which the statistical data provided confirmed. To indicate the progress made in training inspectors, the Government points out that during 1995 and 1996 a dozen labour controllers were promoted to the position of labour inspectors and that seminars and training workshops have enabled labour inspectors to specialize in various fields. However, it should be noted that if the promotion of those concerned constitutes the recognition of professional qualifications which have been acquired to carry out their new functions, it cannot however be assimilated to an act of training. The Committee would like to draw the Government's attention to the contents of paragraph 155 of the General Survey of 1985 on labour inspection in which it emphasizes that, whatever the value of the training given to inspectors on their entry into service, it is advisable that it should be periodically supplemented, not only in order to refresh their knowledge but also to keep them abreast of new technologies. In particular, the Committee recommends that, in respect of the various methods of training which exist, depending on the availability of resources, further training courses should be organized more or less systematically (paragraph 155). The Committee requests the Government to specify in its next report the frequency and programme content of the seminars and workshops intended for labour inspection staff. The Committee requests the Government to provide information on progress noted in respect of recruitment of staff and visits of inspection.

2. Article 11, paragraphs 1 and 2, and 16. The Committee notes the information to the effect that, within the framework of the decentralization of labour services, five regional labour employment and social service offices have been established and that their number is expected to increase to nine in 1999. The Committee recalls that under the provisions of this Convention the competent authority shall make the necessary arrangements to furnish labour inspectors with local offices, suitably equipped in accordance with the requirement of the service, and accessible to all persons concerned (paragraph 1(a)), as well as the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist (paragraph 1(b)). The Committee requests the Government to provide further details on the expected practical effect of the decentralization of labour services on the application of the above measures, whose objective is to enable workplaces, subjected to inspection, to be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions relating to conditions of work and the protection of workers while engaged in their work (Articles 3 and 16). The Committee notes moreover with interest that, section 20 of Decree No. 95395 of 29 September 1995 lays down that labour inspectors and controllers have the right to an allowance for the exercise of their duties and additional compensation for the constraints and special conditions of service, and that the Government states in its report that any expenditure necessary for the exercise of their duties shall be fully reimbursed if this expenditure is, in fact, justified. The Committee requests the Government to specify whether the allowances granted to labour inspectors under the above Decree reimburses travel expenditure incurred for the performance of their duties, in particular, periodical and selective visits of inspection, and to indicate, whether the above reimbursement is a fixed amount or variable in respect of real expenses incurred in this respect. Where expenses are not covered by the above-mentioned allowances and bonuses, the Government is requested to provide a breakdown of expenses which are reimbursed upon receipt of expense claim forms in respect of the inspection service, as indicated in the report.

3. Article 12, paragraph 1. The Committee refers to its previous comments to the effect section 222 of the Labour Code does not empower labour inspectors, on the one hand, to enter by night premises which they may have reasonable cause to believe to be liable to inspection and, on the other, to enter by day premises where they may have reasonable cause to believe persons liable to the Labour Code are working, and notes the Government's intention to re-examine this provision. The Committee draws the Government's attention to paragraph 157 and subsequent paragraphs in the above General Survey which define the labour inspection provisions in this respect, namely that these provisions aim expressly at giving labour inspectors the possibility of supervising, without prior warning and at any time, establishments liable to inspection, considering the unexpected nature of the inspection visit as the best guarantee of effective supervision. The Committee considered that where inspection is restricted to working hours, the inspectors' power of entry does not enable them to ascertain whether workers are being unlawfully employed outside normal working hours and moreover, it is often easier to check the state of certain machines when they are not in use and therefore more effective to inspect them when the undertaking is not operational. The Committee hopes that this information will inspire the Government to take rapid measures to give effect to this provision and that the Government will not fail to provide information in its next report on progress achieved in this respect.

4. Articles 20 and 21. The Committee notes with interest the report detailing labour statistics for 1993 and the Central-East Regional Employment and Social Security Service quarterly report on inspection activities (April, May and June 1997). The Committee draws the Government's attention to the fact that annual reports, of a general nature, on labour inspection activities in respect of paragraphs (a) to (g) of Article 21 must be published and transmitted to the ILO within the time period laid down in Article 20. The Committee hopes that, in future, the Government will be in a position to give effect to the provisions of the Convention by publishing the above reports and transmitting them to the Office within the period specified.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information contained in the Government's report that a new text laying down the particular status of the labour administration staff has been adopted and will shortly be sent to the ILO.

Article 7, paragraph 3, and Articles 10 and 16, of the Convention. The Committee notes the information concerning the number of labour inspectors. It notes the Government's view that this number is inadequate but that efforts are being made to recruit staff despite the freeze on recruitment of public officials. The Committee notes, in particular, the information that seven labour controllers were recruited between 1992 and 1994 and that some ten labour inspectors are currently being trained at the National School of Administration and Public Office while nine labour inspection services are functional throughout the national territory. It seems, however, from the information contained in the Government's report on the period ending 15 October 1994, that the labour inspectors do not spend enough time on the essential tasks of monitoring the application of legislative provisions and regulations relating to labour conditions and that this situation is aggravated by the lack of specialization of the labour inspectors. The Committee would be grateful if the Government would supply information on progress made in training and recruitment of inspectors and organization of their work so that the establishments liable to checking by the labour inspection service are inspected as often and as carefully as necessary to ensure effective application of the legal provisions concerned.

Article 11, paragraph 1. The Committee notes the information in the Government's report stating that a plan to decentralize labour services under which the construction of new buildings to house the labour inspection services is planned as well as equipping them with furniture and other working infrastructures is well on the way. It notes, furthermore, that transport facilities (automobiles and motorcycles) are made available for labour inspectors in accordance with financial means. The Committee would be grateful if the Government would supply in its next report information on the progress made in carrying out the above-mentioned project and on the shortcomings in transport facilities suffered by inspectors in the exercise of their duties.

Article 11, paragraph 2. The Committee notes the information contained in the Government's report that the central administration reimburses travel expenses if incurred. It would be grateful if the Government would indicate whether other ancillary expenditure necessary for the exercise of inspectors' duties are also reimbursed.

Article 12, paragraph 1(a) and (b). The Committee notes that section 222 of the Labour Code does not empower labour inspectors to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. They are, however, empowered to enter at night premises where they have reasonable grounds to believe persons liable to the Labour Code are working. The Committee requests the Government to take the necessary measures to adapt its legislation to these provisions of the Convention which give wider powers for the inspection of establishments liable to inspection and, on the other hand, restrict daytime inspection to premises which the inspectors have reasonable grounds to believe are liable to such inspection.

Article 12, paragraph 1(c)(iii) and (iv). The Committee notes that the Labour Code does not empower labour inspectors to enforce the posting of notices required by the legal provisions or to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purposes. It would be grateful if the Government would indicate the measures taken or envisaged to afford these powers to labour inspectors, in accordance with the provisions of the Convention.

Articles 20 and 21. The Committee notes that no annual inspection report has been sent to the Office. The Committee hopes that the Government will take the necessary measures, calling on the technical assistance of the ILO if needed, in order to publish and send an annual inspection report on the matters listed in Article 21 and within the time-limits set in Article 20.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

With reference to its previous comments, the Committee notes with satisfaction that section 218 of Act No. 11/92/ADP of 22 December 1992 issuing the Labour Code provides that the labour inspector shall bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions, thus giving effect to Article 3, paragraph 1(c), of the Convention.

The Committee is sending directly to the Government a request on a certain number of other matters.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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:

Article 3, paragraph 1(c), of the Convention. The Committee notes that the draft of the revised Labour Code to which it referred in its previous comment will shortly be submitted to the competent authorities for adoption. The Committee again expresses the hope that appropriate measures will be taken to give effect to this provision of the Convention which provides that the labour inspectorate must bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. It asks the Government to provide information on any progress made in this regard in its next report.

Articles 11 and 16. Further to its previous comment, the Committee notes the Government's endeavours to remedy the lack of material facilities placed at the disposal of labour inspectors, particularly as regards transport. It also notes the Government's view that, generally speaking, as things now stand, application of the Convention still leaves room for improvement. It hopes that the next report will contain all the required information on the measures taken or contemplated to this end, including the possibility of reimbursing labour inspectors for any travelling and incidental expenses which may be necessary for the performance of their duties.

Articles 20 and 21. The Committee notes that a summary of inspection reports for 1990 has been prepared. Further to its previous comments, it again expresses the hope that the Government will take the necessary steps to ensure that annual inspection reports containing information on all the subjects listed at Article 21 are published and transmitted to the International Labour Office within the period laid down in Article 20.

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

Article 3, paragraph 1(c), of the Convention. The Committee notes that the draft of the revised Labour Code to which it referred in its previous comment will shortly be submitted to the competent authorities for adoption. The Committee again expresses the hope that appropriate measures will be taken to give effect to this provision of the Convention which provides that the labour inspectorate must bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. It asks the Government to provide information on any progress made in this regard in its next report.

Articles 11 and 16. Further to its previous comment, the Committee notes the Government's endeavours to remedy the lack of material facilities placed at the disposal of labour inspectors, particularly as regards transport. It also notes the Government's view that, generally speaking, as things now stand, application of the Convention still leaves room for improvement. It hopes that the next report will contain all the required information on the measures taken or contemplated to this end, including the possibility of reimbursing labour inspectors for any travelling and incidental expenses which may be necessary for the performance of their duties.

Articles 20 and 21. The Committee notes that a summary of inspection reports for 1990 has been prepared. Further to its previous comments, it again expresses the hope that the Government will take the necessary steps to ensure that annual inspection reports containing information on all the subjects listed at Article 21 are published and transmitted to the International Labour Office within the period laid down in Article 20.

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

Article 3, paragraph 1(c), of the Convention. With reference to its earlier comments, the Committee hopes that pending the revision of the Labour Code referred to by the Government in its last report, appropriate measures will be taken to give effect to this provision of the Convention, which provides that the labour inspectorate must bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. It requests the Government to provide information on any progress made in this regard in its next report.

Articles 11 and 16. The Committee requests the Government to provide specific indications on the number of vehicles placed at the disposal of labour inspectors, and on the arrangements made to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the perfomance of their duties, particularly with regard to visits to workplaces liable to inspection.

Articles 20 and 21. The Committee notes that the report on the work of the labour inspectorate has not reached the International Labour Office. It trusts that the Government will take the necessary steps to ensure that, in future, annual inspection reports containing information on all the subjects listed at Article 21 are published and transmitted to the International Labour Office within the period laid down at Article 20.