Labour Inspection Convention, 1947 (No. 81) - Togo (Ratification: 2012)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

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 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 3, 11 and 16 of Convention No. 81 and Articles 6, 15 and 21 of Convention No. 129. Functioning and material resources of the labour inspection service. Effectiveness of the system. In reply to the Committee’s previous comments, the Government indicates that the further duties entrusted to labour inspectors do not interfere with the effective discharge of their primary duties. The Committee notes, however, that under the provisions of the new Labour Code of 2021, labour inspectors are still entrusted with conciliation duties. According to the Government, in 2018, in the exercise of their conciliation and social dialogue promotion mandates, the labour inspection services managed a total of 1,082 individual disputes and 118 collective disputes. Individual disputes rose by 9.89 per cent from 2017 to 2018.

In reply to the Committee’s previous comments concerning the reduction of the budget allocated to the labour inspection services from 2016 to 2017, the Government explains that this reduction was a result of the fact that the budgets of the Ministries and state institutions were cut by the Government in 2017, as well as the fact that the budget lines of the General Directorate of Labour (DGT) relating to electricity and water expenses were removed and reallocated to the budget of the line Ministry.

With regard to the number of inspectors, the Committee notes that, according to the information published on the DGT’s website, the number of inspectors was 128 in 2018, 124 in 2019, 121 in 2020, 117 in 2021 and 122 in 2022. The Government indicates that in 2018, a total of 1,048 inspection visits were carried out nationwide (compared to 946 visits in 2017), including 336 in the informal economy. As to material and financial resources, the Government reiterates the lack of vehicles (the DGT has five vehicles) and indicates that inspectors working outside Lomé must use their own means to carry out inspection visits. The Government points out, however, that there are no provisions for the reimbursement of their travel expenses, or any incidental expenses incurred in the performance of their duties. Moreover, some services lack office space. In Lomé, for example, four of the six zonal inspectorates are still located on the DGT’s premises, posing a problem in terms of these services’ proximity to users. The Government also indicates that some material resources (IT and logistics) are still insufficient, while others are virtually non-existent (in particular, documentary support and light and noise measuring equipment). The Committee once again requests the Government to take the necessary measures to ensure that the labour inspection services have at their disposal the material resources necessary to enable them to perform their duties effectively, including by allocating the necessary financial resources and transport facilities, and to provide information on any progress achieved in this regard, including up-to-date information on the inspection budget. The Committee also requests the Government to provide information on the time and resources allocated to conciliation duties compared to those devoted to the performance of the primary duties of inspection and control. The Committee further requests the Government to take specific measures to address the challenges identified in this comment, and reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

Article 5(a) of Convention No. 81 and Article 12(1) of Convention No. 129. Effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities. Cooperation with judicial bodies. With reference to its previous comments, the Committee notes the Government’s indication that, despite the large number of violations observed in 2018 (10,033 violations), only 2 prosecution reports were issued. The Committee notes that section 238 of the Labour Code of 2021 essentially reproduces the wording of the former section 187 under which, in the event of a refusal to comply with the financial arrangement ordered by the labour inspector, a report is referred to the Public Prosecutor with a view to prosecution. The Committee once again requests the Government to provide information on the specific measures taken in practice to ensure cooperation between the labour inspection services and judicial bodies, as well as the results achieved in this regard, including the number of cases referred by the labour inspection services to the Public Prosecutor and the Labour Court.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes that, according to the Government’s indications, under section 233 of the Labour Code, a decree in the Council of Ministers lays down the special status of inspectors, who must be provided with the material and financial resources necessary for their independence and the performance of their duties. The Government indicates that the decree provided for in the above-mentioned section has not yet been adopted. Labour inspectors, therefore, do not have special status, but are governed by the provisions of the General Public Service Regulations and their implementing decree. The Government adds, however, that negotiations are under way to give them special status. The Committee requests the Government to provide information on the progress achieved in adopting special status for labour inspectors, and to provide a copy once it has been adopted.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Conditions concerning the recruitment and training of labour inspectors. The Committee notes that, in reply to its previous comment, the Government indicates that in 2018, out of 128 inspectors, only 1 category A1 labour inspector underwent further training (compared to 3 in 2017). The Government adds that a request for further training for inspectors was communicated to the ILO in 2023. The Committee requests the Government to provide up-to-date information on the measures taken to ensure that labour inspectors receive appropriate training for the performance of their duties, including with the technical assistance of the Office.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Appropriate penalties and effective application. Further to the Committee’s previous comment, the Government indicates that monitoring visits by labour inspectors detected 10,033 violations, compared to 9,480 violations in 2017. A large proportion of the violations committed, or 34.88 per cent, were related to mandatory documents, postings and institutions, followed by violations relating to contracts and conditions of work (24.84 per cent), and violations relating to workplace safety, equipment and the well-being of workers (24.76 per cent). The Government also indicates that in 2018, inspectors issued 1,315 letters of observation and 142 warnings. The Committee notes that, despite the number of violations observed, only two prosecution reports were issued and the closure of one establishment ordered. Noting the low number of reports, the Committee requests the Government to provide information on the measures taken to ensure that inspectors are able to issue appropriate penalties in relation to the violations observed. It also requests the Government to provide up-to-date information on the violations observed during inspection visits.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Annual reports on the work of the inspection services. The Committee notes the communication of the report on the activities of the labour inspection system of 2018, annexed to the Government’s report. The Committee notes, however, that reports for subsequent years have not been provided. It recalls that such reports must be published within a reasonable time after the end of the year to which they relate and in any case within 12 months. The Committee encourages the Government to continue its efforts to prepare and communicate an annual report on labour inspection, ensuring that it contains all elements listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

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 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129. Powers and prerogatives of labour inspectors. In its previous comment, the Committee noted that, under section 188(1) of the Labour Code, inspectors are required to notify the head or deputy head of the enterprise or establishment at the start of the inspection, and that the latter may accompany them during the inspection. The Committee recalled that, in accordance with the above-mentioned Articles of Conventions Nos 81 and 129, labour inspectors are dispensed from this requirement if they consider that such notification may be prejudicial to the effectiveness of the inspection. The Committee notes with regret that section 239 of the Labour Code of 2021 essentially reproduces the same wording, stipulating that inspectors shall notify the head or deputy head of the enterprise or establishment at the start of the inspection, and that the latter may accompany them during the inspection. The Committee requests the Government to take the necessary measures to ensure that its national legislation is in conformity with the above-mentioned Articles of Conventions Nos 81 and 129 and to provide information on any progress achieved in this regard.

Article 17 of Convention No. 81 and Article 22 of Convention No. 129. Action to be taken in the event of violations. The Committee notes with regret that section 238 of the Labour Code of 2021 reproduces the wording of the Code of 2006, stipulating that the social legislation and labour inspector must give the head of the establishment warning before issuing a report. This section also stipulates that the inspector may issue a report without previous warning in cases of extreme emergency. The inspector may also order measures with immediate executory force to put an end to any serious and imminent danger. The Government specifies that cases of extreme emergency relate to situations presenting dangers to the safety and health of workers. The Committee recalls that Article 17 of Convention No. 81 and Article 22 of Convention No. 129 provide that, with certain exceptions, legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning, and that it must be left to the discretion of labour inspectors to give a warning or advice instead of instituting or recommending proceedings. The Committee once again requests the Government to take the necessary measures to ensure that persons who violate the legal provisions enforceable by labour inspectors are liable to prompt legal proceedings, without previous warning, and that it must be left to the discretion of labour inspectors to give warning or advice instead of instituting or recommending proceedings.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 3, 11 and 16 of Convention No. 81 and Articles 6, 15 and 21 of Convention No. 129. Functioning and material resources of the labour inspection service. Effectiveness of the system. In its previous comments, the Committee noted that, in accordance with sections 183, 257 and 260 of the Labour Code, labour inspectors, in addition to their primary duties, are responsible for additional functions, including those of conciliation and arbitration in collective disputes. It requested the Government to provide information on the time and resources devoted by labour inspectors to their various duties, recalling the need to ensure that the additional duties entrusted to labour inspectors, particularly with regard to the settlement of disputes, do not interfere with the discharge of their primary duties.

The Committee notes that, according to the information contained in the Government’s report, in practice, inspectors spend most of their time performing office work, including for reasons related to the lack of means of transport. With regard to on-site inspections, 946 inspection visits were carried out throughout the country in 2017, more than half of which (491) in the informal economy, an average of nine visits per labour inspector in the inspection services and in regional directorates of labour and social legislation (DRTLS). With regard to material and financial resources, the General Directorate of Labour (DGT) has four vehicles, two of which are shared with the six inspection services of Lomé and the Lomé-Commune DRTLS. In the other five regions, the labour inspection services do not have vehicles at their disposal for the performance of their duties; consequently, the inspectors working there use their own means to carry out inspection visits. Furthermore, no measures are in place to reimburse their travel expenses. The inspection services have 45 functioning computers for 131 labour inspectors, an average of one computer for every three inspectors. They have no access to specialized documentation or measuring instruments. The Government emphasizes that the total budget allocated to labour inspection system services in 2017 was 37.52 per cent lower than in 2016. The Committee also notes that a strategic plan for labour inspection for the period 2018–22 has been developed. The Committee requests the Government to take specific measures, including within the framework of the strategic plan for labour inspection, to remedy the difficulties identified. In this respect, it requests the Government to take the necessary measures to ensure that the labour inspection services have at their disposal the material resources necessary to enable them to perform their duties effectively, including by allocating the necessary financial resources and transport facilities, and to provide information on any progress achieved in this regard. The Committee also requests the Government to provide information on the reasons for the reduction of the budget allocated to the labour inspection services from 2016 to 2017, and on the budget allocated in the following years. Lastly, the Committee requests the Government to take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, and to provide information on any progress achieved in this regard.

Article 5(a) of Convention No. 81 and Article 12(1) of Convention No. 129. Effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities. Cooperation with judicial bodies. In its previous comments, the Committee noted the lack of cooperation between the labour inspection services and the office of the Public Prosecutor, as represented by the Public Prosecutor of the Republic, and the Labour Court. The Committee notes the Government’s indication, in reply to its previous requests, that measures to ensure cooperation between the labour inspection services and judicial bodies are provided for in various sections of the Labour Code, including section 187 under which, in the event of a refusal to comply with the financial arrangement ordered by the labour inspector, a report is referred to the Public Prosecutor with a view to prosecution. It also notes that, according to the information contained in the report on the activities of the labour inspection system for 2017, only one prosecution report was prepared by the inspection services. The Committee requests the Government to provide information on the specific measures taken in practice to ensure cooperation between the labour inspection services and judicial bodies, as well as the results achieved in this regard, including the number of cases referred by the labour inspection services to the Public Prosecutor and the Labour Court.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Conditions concerning the recruitment and training of labour inspectors. The Committee notes the Government’s indication, in reply to its previous requests, that Togo no longer has labour controllers. Labour inspectors, after being recruited by a competitive process, receive initial and further training. The Committee also notes that, according to the information contained in the report on the activities of the labour inspection system for 2017, skills upgrading and capacity-building for labour inspectors are very infrequent. However, the Government indicates in the same report that the DGT is considering the development of a further training plan for labour inspectors. The Committee requests the Government to provide information on the measures taken to ensure that labour inspectors receive appropriate training for the performance of their duties, including the development and implementation of the training plan.

Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129. Powers and prerogatives of labour inspectors. In its previous comments, the Committee noted that, under section 188 of the Labour Code, inspectors are required to notify the head or deputy head of the enterprise or establishment at the start of the inspection, and that the latter may accompany them during the inspection. The Committee recalled that, in accordance with the above-mentioned Articles of Conventions Nos 81 and 129, labour inspectors are dispensed from this requirement if they consider that such notification may be prejudicial to the performance of the inspection.

The Committee notes that, according to the Government’s indication, the amendment to section 188(1) of the Labour Code is addressed in the draft of the new code currently being finalized. The Committee requests the Government to continue its efforts to bring its national legislation into conformity with the above-mentioned Articles of Conventions Nos 81 and 129 and to continue to provide information on any progress achieved in this regard.

Article 17 of Convention No. 129. Preventive control of new plant, new materials and new processes. In its previous comments, the Committee noted the absence of information on the adoption of the Order of the Minister of Labour, in application of section 206 of the Labour Code, which provides that any person proposing to start up an undertaking or establishment of any kind shall make a prior declaration to that effect to the competent labour inspector.

The Committee notes the information provided by the Government on the adoption of Order No. 022/MTESS/CAB/DGTLS of 30 July 2010, concerning measures for the application of section 206 of the Labour Code. The Order sets out the mandatory information required in the start-up declaration (section 3), as well as the cases in which a special declaration must be made (partial or complete cessation of activity, resumption of the activity of the undertaking or establishment, change of employer’s legal status, transfer of head office, change of activity, permanent closure of the undertaking or establishment) (section 4). The Committee takes note of this information.

Article 17 of Convention No. 81 and Article 22 of Convention No. 129. Action to be taken in the event of violations. The Committee noted previously that, under the terms of sections 186 and 187 of the Labour Code: (i) inspectors are empowered, following a formal notice procedure intended to allow the violation to be remedied, to issue reports of violations of the provisions of labour laws and regulations; and (ii) only in cases of extreme urgency may the inspector issue a report without prior notice.

The Committee notes the Government’s indication that inspectors are authorized to institute proceedings without prior formal notice only in cases of extreme urgency. The Committee recalls that Article 17 of Convention No. 81 and Article 22 of Convention No. 129 provide that, subject to certain exceptions, violations of the legal provisions enforceable by labour inspectors shall be subject to prompt legal or administrative proceedings without previous warning, and that it must be left to the discretion of labour inspectors to give warning or advice instead of instituting or recommending proceedings. The Committee requests the Government to take the necessary measures to ensure that persons who violate the legal provisions enforceable by labour inspectors are liable to prompt legal proceedings, without previous warning, and that it must be left to the discretion of labour inspectors to give warning or advice instead of instituting or recommending proceedings. It also requests the Government to provide information on cases considered extremely urgent.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Appropriate penalties and effective application. Further to its previous comments, the Committee notes that, according to the information contained in the report on the activities of the labour inspection system, in 2017 a total of 9,480 violations were detected by labour inspectors in the formal and informal economies. The most frequently reported violations related to medical examinations (10.86 per cent), personal protective equipment (10.79 per cent) and membership of the National Social Security Fund (9.35 per cent). The inspection services imposed penalties for the violations committed (674 letters of comments, 165 warnings, three financial arrangement orders and one prosecution report). No penalties relating to the closure of an establishment were imposed. The Committee requests the Government to continue to provide information on the violations observed during inspection visits and on the penalties imposed.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Annual reports on the work of the inspection services. The Committee notes with interest the report on the activities of the labour inspection system of 2017, annexed to the Government’s report. According to the information contained in the report, a data collection tool for the labour inspection system was introduced in 2014, with technical and financial support from the ILO. The report was thus prepared on the basis of the results obtained after three years of use of this tool on the ground. It also notes that the report for 2018 is being finalized. The Committee encourages the Government to continue its efforts to prepare and communicate an annual report on labour inspection, ensuring that it contains all elements listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

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 administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81, 129 and 150 together.

Labour inspection: Conventions Nos 81 and 129

The Committee notes the information provided by the Government in reply to its previous request concerning the following Articles: Article 4(1) of Convention No. 81 and Article 7(1) of Convention No. 129 (placing of the labour inspection system under the supervision and control of a central authority); Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129 (collaboration between the officials of the labour inspectorate and employers and workers or their organizations); Article 8 of Convention No. 81 and Article 10 of Convention No. 129 (men and women inspection staff); Article 10 of Convention No. 81 and Article 14 of Convention No. 129 (number of labour inspectors and their geographical distribution); Article 13 of Convention No. 81 and Article 18 of Convention No. 129 (power of labour inspectors to issue compliance orders); Article 14 of Convention No. 81 and Article 19 of Convention No. 129 (notification to the labour inspectorate of industrial accidents and cases of occupational disease); and Article 15 of Convention No. 81 and Article 20 of Convention No. 129 (standards of conduct of labour inspectors).

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Functions of the labour inspection system. In its previous comments, the Committee noted that, in accordance with sections 183, 257 and 260 of the Labour Code, labour inspectors, in addition to their primary duties, are responsible for additional functions, including those of conciliation and arbitration in collective disputes. The Committee recalls the need to ensure that any further duties which may be entrusted to labour inspectors in addition to their primary duties (within the meaning of Conventions Nos 81 and 129, the primary duties are set out in the first paragraph of these Articles) are not such as to interfere with the effective discharge of the latter. The Committee requests the Government to provide information on the time and resources devoted by labour inspectors to their various duties, with a view to verifying that the additional duties entrusted to labour inspectors, particularly in relation to the settlement of disputes, are not such as to interfere with the effective discharge of their primary duties.

Article 5(a) of Convention No. 81 and Article 12(1) of Convention No. 129. Effective cooperation between the labour inspection services and other government services and public or private institutions engaged in similar activities. Cooperation with judicial bodies. In its previous comments, the Committee requested the Government to provide information on any measures adopted or envisaged to promote cooperation between the labour inspection services and other government services and public or private institutions engaged in similar activities. In this regard, the Committee notes the information provided by the Government that the labour inspection services cooperate with the National Social Security Fund. However, the Government emphasizes the lack of cooperation between the labour inspection services and the Office of the Public Prosecutor, as represented by the Public Prosecutor of the Republic, and the Labour Court. The Committee requests the Government to take measures to ensure cooperation between the labour inspection services and judicial bodies, and to provide information on any progress achieved in this regard.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of inspection personnel. In its previous comments, the Committee requested the Government to provide information on the measures adopted to provide labour inspectors and controllers (assistant inspectors) with a specific status. It notes the Government’s indication that the implementing decree envisaged in section 182 of the Labour Code to determine the specific status of labour inspectors has still not been adopted. However, the Government specifies that Act No. 002 of 2013 issuing the General Public Service Regulations in Togo and Decree No. 120 of 2015 determining the common procedures for its application apply to inspection personnel and assure them of stability of employment and make them independent of changes of government and of improper external influences.

Article 7 of Convention No. 81 and Article 9 of Convention 129. Conditions concerning the recruitment and training of labour inspectors. Further to its previous comments, the Committee notes the information provided by the Government concerning the recruitment and initial training of labour controllers, and the further training of inspectors, including on chemicals in agriculture. However, the Committee notes that the Government does not indicate whether controllers also benefit from further training. It requests the Government to provide information on this subject.

Article 11 of Convention No. 81 and Article 15 of Convention No. 129. Material resources and means of transport available to labour inspectors and the reimbursement of expenses necessary for the performance of their duties. In the absence of a reply by the Government on this subject, the Committee once again requests it to provide information on the material resources and means of transport available to labour inspectors, and the measures taken to reimburse their travel expenses.

Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129. Powers and prerogatives of labour inspectors. In its previous comment, the Committee noted that, under the terms of section 188(1) of the Labour Code, inspectors have to notify the head of the enterprise or establishment or her or his deputy at the start of the inspection, and that the latter may accompany them during the inspection. The Committee recalls that, in accordance with the above Articles of Conventions Nos 81 and 129, labour inspectors are dispensed with this requirement if they consider that such notification may be prejudicial to the performance of their control. The Committee once again requests the Government to take the necessary measures to allow labour inspectors to be dispensed with the requirement to notify the head of the enterprise or establishment at the start of the inspection if they consider that such notification may be prejudicial to the performance of their duties.

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Frequency of inspections and effectiveness of the system. The Committee notes the absence of specific information on this subject. It refers to paragraphs 256–260 of its 2006 General Survey on labour inspection, which contain information on the manner of giving effect in practice to these Articles. The Committee requests the Government to provide information on any measures adopted or envisaged to give effect to these provisions of the Conventions.

Article 17 of Convention No. 129. Preventive control of new plant, new materials and new processes. The Committee notes that the Government has not provided information in reply to its previous request concerning the implementation, by an order issued by the Minister of Labour, of section 206 of the Labour Code, which provides that any person who proposes to start up an undertaking or establishment of any nature shall make a prior declaration to that effect to the competent labour inspector. The Committee requests the Government to provide information on this subject.

Article 17 of Convention No. 81 and Article 22 of Convention No. 129. Action to be taken in the event of violations. The Committee noted previously that, under the terms of sections 186 and 187 of the Labour Code: (i) inspectors are empowered, following a warning procedure intended to allow the infringement to be remedied, to serve a compliance order in the event of violations of the provisions of labour laws and regulations; and (ii) only in cases of extreme urgency may the inspector issue a compliance order without prior warning. The Committee recalls that, in accordance with the above Articles of Conventions Nos 81 and 129, the cases in which the initiation of legal proceedings without prior warning must be possible should not be restricted to cases of extreme urgency. In particular, inspection personnel must be able to exercise discretion in distinguishing between serious or repeated wilful non-compliance, culpable negligence or flagrant ill will, which call for a penalty, and an involuntary or minor violation, which may lead to a mere warning (paragraph 282 of the 2006 General Survey on labour inspection). The Committee requests the Government to provide information on the measures adopted or envisaged to authorize inspectors to initiate proceedings without prior warning in cases other than those of extreme urgency.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate and effectively enforced penalties. In reply to its previous request on this subject, the Committee notes that the Government refers to Title X of the Labour Code, which establishes penalties for those responsible for violations of the provisions of the Labour Code. However, the Government does not provide information on the violations identified during inspections, and the penalties imposed in practice. The Committee requests the Government to provide information on this subject.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Annual reports on the work of the inspection services. In its previous comments, the Committee noted the Government’s indication that labour inspectors submit periodic reports of a general nature on the results of their work to the central inspection authority. It requested the Government to provide information on the manner in which the periodic reports are drawn up, the subjects covered and the frequency with which they are produced, and to provide copies of these reports. The Committee notes that the Government has not provided the information requested and that it has not communicated an annual activities report since the entry into force of the Convention The Committee once again requests the Government to provide information on this subject and to take the necessary measures to ensure that annual reports on labour inspection are communicated regularly to the ILO within the time limits set out in the above Articles and that they contain the information required by these Articles.

Labour administration: Convention No. 150

The Committee notes the information provided by the Government in reply to its previous request concerning Articles 4 (coordination of the functions and responsibilities of the labour administration system); 5 (consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers); 6 (preparation, administration, coordination, checking and review of the national labour policy by the competent bodies within the system of labour administration); and 10 (staff of the labour administration system).

Article 4 of the Convention. Coordination of the functions and responsibilities of the labour administration system. In its previous comments, the Committee requested the Government to provide information on the measures adopted in practice to ensure that the labour administration system operates effectively and that the functions assigned to it are properly coordinated. In this regard, the Committee notes that the Government refers to the following measures: Decree No. 006 of 2012 to organize the ministerial departments; Order No. 006 of 2013 on the organization of the Ministry of Labour, Employment and Social Security; and the institutional mechanism for the monitoring and evaluation of development policies.

Article 5. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. In its previous comments, the Committee requested the Government to provide a copy of the decrees determining the organization and functioning of the National Labour Council (CNT) and the Higher Council of the Public Service (CSFP), as set out in section 209 of the Labour Code. In this regard, the Committee notes that Act No. 002 of 2013 issuing the General Public Service Regulations of Togo and Decree No. 120 of 2015 on the common procedures for their implementation, contain provisions on the mission, terms of reference, composition, organization and operation of the CSFP. The Committee also notes the adoption of Order No. 031/MTESS/CAB/SG of 10 September 2014 appointing the members of the CNT. With regard to the activities of the CNT, the Committee refers to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 6. Preparation, administration, coordination, checking and review of the national labour policy by the competent bodies within the system of labour administration. With regard to the national labour policy, the Committee refers to its comments on the Employment Policy Convention, 1964 (No. 122).

Article 7. Progressive extension of the functions of the system of labour administration to certain categories of workers. In reply to its previous request concerning the procedures for the implementation of the Social Security Code in respect of self-employed workers (for all branches) and workers in the informal economy (in relation to pensions and family benefits), the Committee notes that the Government has not provided additional information. It therefore once again requests the Government to provide information on this subject.

Article 10. Staff of the labour administration system. With regard to the status, conditions of service and further training of labour administration staff, the Committee refers to its comments on the application of Articles 6 and 8 of Conventions Nos 81 and 129, respectively.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the Government’s first report, which was received on 1 September 2014.

Technical assistance. The Committee notes the technical assistance provided by the ILO in the framework of the time-bound programme relating to international labour standards financed by the Special Programme Account (SPA), as established by the ILO Governing Body at its 310th Session (March 2011). It notes that, in this context, a workshop was held in Lomé from 2 to 6 September 2013 for the purpose of identifying gaps in the legislation and difficulties with respect to application in practice, in relation to the provisions of Convention No. 81, the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Labour Administration Convention, 1978 (No. 150), with a view to bringing national law and practice into conformity with these Conventions.

The Committee notes with interest that the abovementioned technical assistance resulted in the adoption of a roadmap containing recommendations and a plan of action, together with a time line for the implementation thereof, and providing for the establishment of a monitoring committee. The Committee observes that the main components of the roadmap are as follows: (a) scope and functions of a labour inspection system placed under the supervision and control of a central authority, establishment of effective cooperation between the inspection services and other government departments and coordination of the bodies of the labour administration system; (b) status, conditions of service, recruitment, initial and further training of inspection staff and collaboration of duly qualified experts and technicians in the inspection services; (c) human and material resources for labour inspection, effectiveness of inspection visits and drawing up of annual reports; and (d) powers, prerogatives and obligations of labour inspectors, prosecution of offences, sufficiently dissuasive penalties, and cooperation with employers and workers or their organizations. The Committee hopes that the implementation of this plan of action will contribute towards the full application of the provisions of these three Conventions and that the Government will send information on all progress made in this respect.

Article 3 of the Convention. Impact of additional duties on the discharge of primary labour inspection duties. The Government indicates that, under section 183 of the Labour Code, apart from being assigned the duties covered by Article 3(1) of the Convention, labour inspectors are responsible for conducting inquiries into occupational risks and may be required by the Director-General of Labour to study economic and social trends, including issues relating to wages and prices, developments in professional relations, relations with professional bodies and contractual labour relations. The Committee also notes that section 183(3) of the Labour Code requires labour inspectors to assist employers and workers in reaching an amicable settlement in individual disputes. The Committee further observes that labour inspectors are assigned the duties of conciliation and arbitration in collective disputes, by sections 257 and 260 of the Labour Code, respectively. The Committee draws the Government’s attention to Article 3(1) of the Convention, which specifies labour inspectors’ primary duties, namely: (a) to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work; (b) to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions; and (c) to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. Article 3(2) provides that any further duties which may be 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. Furthermore, Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), which supplements the Convention, states that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. The Committee requests the Government to take the necessary steps to ensure that the duties of conciliation, arbitration and the conduct of inquiries, referred to above, which are assigned to labour inspectors, do not interfere with the effective discharge of their primary duties, as provided for in Article 3(1), and that they can devote themselves fully to the latter.

Article 4. Placing of labour inspection under the supervision and control of a central authority. The Government states that the authority under whose supervision and control labour inspection is placed is the Director-General of Labour. The Committee requests the Government to send a copy of the organization chart of the labour inspection system.

Article 5(a). Effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities. The Government indicates that the Director-General of Labour ensures collaboration and cooperation between the inspection services and public or private institutions engaged in similar activities through written communications and the organization of meetings. While noting this information, the Committee draws the Government’s attention to paragraphs 150–162 of the 2006 General Survey on labour inspection, which underline the importance of establishing mechanisms for cooperation with various institutions and give examples of government institutions and departments with which cooperation for the effective operation of the inspection system might be promoted. The Committee asks that the Government provide information on any measures taken or envisaged in order to promote such cooperation between the inspection services and other government services and public or private institutions engaged in similar activities, and to send copies of any related documents or legal texts.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee observes that the Government has not provided any information on measures for giving effect to this provision of the Convention. It draws the Government’s attention to the guidance contained in Paragraphs 4–7 of Recommendation No. 81. The Committee asks that the Government send information on the steps taken to give effect to this provision of the Convention.

Article 6. Status and conditions of service of inspection staff. According to the Government, labour inspectors do not currently have a particular status and are governed by the General Public Service Regulations. Observing, however, that section 182 of the Labour Code provides that a decree shall establish the particular status of labour inspectors and controllers, the Committee asks the Government to provide information on the measures taken to give labour inspectors and controllers a particular status and to send copies of any relevant legal texts, if applicable.

Article 7. Conditions of recruitment and training for labour inspectors. The Government states that labour inspectors are recruited by national competition. For categories A1 and A2, inspectors must respectively have a master’s degree in law, geography, psychology or sociology, or an equivalent diploma, and “baccalauréat”. They must also undertake training in labour administration at the National School of Administration (ENA). Moreover, at the time of entry into service, inspectors must serve a probationary period for training purposes. Measures have also been taken to enable them to take further training in international standards, social dialogue, social protection and occupational safety and health. This capacity building is done at international training venues such as the International Training Centre of the ILO (ITC–ILO) and the African Regional Centre for Labour Administration (CRADAT) in Cameroon. Delocalized training also takes place in the country. The Committee requests that the Government provide information on the conditions governing the recruitment of labour controllers. It also asks the Government to state whether controllers, like labour inspectors, receive training on entry into service and subsequent training in service. The Committee further requests the Government to provide information on the training activities implemented for inspection staff during the period covered by the Government’s next report, specifying, in particular, the number of participants, the subjects covered and the length of the training.

Article 8. Male and female inspection staff. The Committee asks the Government to clarify whether women, as well as men, can be appointed as inspection staff and to provide information on the respective levels of representation of both sexes within the inspection services.

Article 9. Duly qualified technical experts and specialists. The Committee notes that section 188(2) of the Labour Code provides that labour inspectors shall have the authority to request opinions and advice, if necessary, from doctors and technical experts, particularly as regards occupational safety, health and hygiene requirements. The Committee asks the Government to provide information on the measures taken to ensure in practice that technical experts and specialists are associated in the work of inspection.

Article 10. Number of labour inspectors and their geographical distribution. The Government indicates that there are 79 inspectors in category A1 and one inspector in category A2 and that they are distributed according to geographical criteria. The Committee notes that, according to the provisions of the Labour Code, particularly section 182, the corps of officials responsible for labour inspection is composed of inspectors and controllers. The Committee requests the Government to provide information on the number of inspectors and controllers, indicating how many of them are assigned technical or special duties, and their geographical distribution.

Article 11. Material resources and transport facilities for labour inspectors and reimbursement of expenses. According to the Government, vehicles have been purchased to facilitate travel for labour inspectors. The Committee notes that, under section 182 of the Labour Code, labour inspectors must be provided with the necessary material and financial resources to ensure their independence and the performance of their duties. The Committee requests that the Government provide information on the number of vehicles available to labour inspectors for professional travel and on the geographical distribution of these vehicles. It also asks the Government to supply information on the measures taken by the competent authority to provide labour inspectors with local offices, suitably equipped in accordance with the requirements of the service, and accessible to all persons concerned (Article 11(1)(a)), and to reimburse labour inspectors for any travelling and incidental expenses which may be necessary for the performance of their duties (Article 11(2)).

Article 12. Powers of labour inspectors to investigate. The Committee notes that section 188(1) of the Labour Code gives effect to Article 12(1)(a)–(b) of the Convention. It also notes that, under section 188(4) of the Labour Code, labour inspectors are assigned the powers provided for in Article 12(1)(c)(i), (ii) and (iv) of the Convention. However, the Committee notes that, under section 188(1) of the Code, at the start of the inspection, inspectors must notify the head of the undertaking or workplace or his deputy, who may accompany them during their inspection. The Committee requests the Government to take the necessary measures to ensure that labour inspectors are expressly assigned the power provided for in Article 12(1)(c)(iii) of the Convention, namely to enforce the posting of notices required by the legal provisions. It also requests the Government to take the necessary steps to ensure that section 188 of the Labour Code is brought into conformity with Article 12(2) of the Convention, which provides that, on the occasion of an inspection visit, inspectors shall notify the employer or his representative of their presence, unless they consider that such a notification may be prejudicial to the performance of their duties. The Committee asks the Government to send copies of any relevant legal texts.

Article 13. Power of labour inspectors to issue injunction orders. Under section 171 of the Labour Code, where conditions exist that are dangerous for workers’ health or safety and are not covered by the legal texts specified in section 169 of the Code – namely, the Decree of the Council of Ministers establishing conditions and general measures for occupational safety, health and hygiene, and the Order of the Minister of Labour, adopted further to the opinion of the Advisory Committee on Occupational Safety and Health – the employer is served with a compliance order by the labour inspector and ordered to take remedial action. The compliance order is dated and signed, specifies the infringements or dangers observed and establishes the time limits for taking remedial action. Moreover, under section 187 of the Labour Code, in an emergency, the labour inspector can draw up an infringement report without previously issuing a compliance order and can also impose immediately enforceable measures to avert any serious and imminent danger. The employer may appeal against this decision to the competent judicial authorities, which must issue a ruling within eight days. However, the labour inspector can propose a financial arrangement to the offending party, the procedures for which are determined by a joint order of the Ministers of Labour and Finance. If the offending party refuses to comply with the financial arrangement within three months, the infringement report is referred to the Public Prosecutor with a view to prosecution. The Committee requests that the Government specify the effect of the appeal procedure referred to above, and to send copies of the legal text implementing section 187 of the Labour Code regarding the measures that a labour inspector can order to avert a serious and imminent danger as well as the Decree of the Council of Ministers and the Order of the Ministers of Labour and Finance adopted pursuant to section 169 of the Labour Code.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes that, under section 172 of the Labour Code, the employer is required to notify the labour inspectorate within 48 working hours of any industrial accident or case of occupational disease recorded in the undertaking. The procedures for this notification are established by the legislation governing occupational accidents and diseases. The Committee asks the Government to provide copies of the legislative text establishing the procedures for the notification of industrial accidents and cases of occupational disease to the labour inspectorate.

Article 15. Standards of conduct for labour inspectors. The Committee notes that section 185 of the Labour Code gives effect to Article 15(a) of the Convention and that a penalty for infringement of this section is laid down by section 294 of the Code. It also notes that section 184 of the Code provides that inspectors are obliged to observe professional secrecy (Article 15(b)), on pain of the penalties established in section 176 of the Penal Code, and that they swear an oath before the Appeal Court not to reveal, even after leaving the service, any manufacturing secrets or working processes which may come to their knowledge in the course of their duties. Section 184 of the Labour Code also stipulates that inspectors must treat as absolutely confidential any complaint bringing to their notice a defect in installations or a breach of the legal provisions. The Committee asks the Government to clarify whether the penalty established by section 176 of the Penal Code is applicable to labour inspectors, even after they have left the service. It also requests that the Government ensure that section 184 of the Labour Code is supplemented by a provision obliging labour inspectors not to disclose to the employer or his representative that an inspection was undertaken further to a complaint and imposing a penalty in the event of non-compliance with these obligations.

Article 16. Frequency and thoroughness of inspections. The Committee requests the Government to state the measures taken or envisaged to ensure that inspections are carried out as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Article 17. Freedom of labour inspectors to decide the measures to be taken towards employers for infringements of the legal provisions. The Committee observes that, under section 186 of the Labour Code, inspectors are empowered to report infringements of the legal and regulatory provisions. Before drawing up the infringement report, the inspector serves a compliance order on the head of the workplace. The compliance order must describe the infringements that have been observed and establish the time limits for taking remedial action. If the time limit expires without compliance by the employer, the inspector draws up the infringement report (section 187 of the Labour Code). The Committee asks the Government to take measures to ensure that labour inspectors are free to decide whether to give warning and advice instead of instituting or recommending proceedings, in accordance with Article 17(2) of the Convention.

Article 18. Effective enforcement of adequate penalties. The Committee notes that the Labour Code establishes penalties for violations of the legal provisions enforceable by labour inspectors and for obstruction of labour inspectors and controllers in the course of their duties. The Committee requests that the Government provide information on infringements observed during inspections, specifying the legal provisions to which they relate, and also the penalties imposed.

Articles 19, 20 and 21. Periodic reports and annual report on the work of the inspection services. According to the Government, labour inspectors submit to the central inspection authority periodic reports of a general nature on the results of their work. The Committee observes that no periodic report or annual report has been communicated. The Committee requests that the Government send copies of periodic reports submitted to the central authority by labour inspectors. It also asks the Government to ensure that an annual report containing information on each of the subjects listed in Article 21 is published and sent to the ILO, in accordance with Article 20.