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

Democratic Republic of the Congo

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

A.Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Articles 4, 6, 15(a), 19, 20 and 21 of the Convention. Reform of the labour inspection services. Status and conditions of service of labour inspectors. Ethical standards of labour inspectors. Publication and communication of an annual report on the work of the labour inspection services. Further to its previous comment, the Committee notes, regarding guarantees of independence provided to labour inspectors, sections 188, 194 and 197(a) of the Labour Code, mentioned by the Government, as well as the adoption, on 5 January 2020, of Ministerial Order No. 046/CAB/MINETAT/METPS/01/2020 issuing the adjusted scale of allowances for officials, management and assimilated staff of the specialized services of the Ministry of Employment, Labour and Social Security. The Committee further notes the Government’s indication that no disciplinary procedure was initiated in respect of a labour inspector in 2020 and 2021. Regarding the publication of an annual report on the labour inspection, the Committee notes that Government refers to the information contained in the General Labour Inspectorate activity reports for 2020 and 2021. The Office has however not received those reports. The Committee also notes that the Office has not received a copy of the updated framework and organizational structures of the General Labour Inspectorate. The Committee requests the Government to continue to provide information on future disciplinary procedures initiated and on their outcomes. The Committee requests the Government to take the measures necessary for the regular publication of annual labour inspection reports and their transmission to the ILO (Article 20 of the Convention), and to ensure that they contain information on all the matters dealt with under Article 21(a) to (g). The Committee further requests the Government to indicate the wage scale applied to labour inspectors against that applied to comparable categories of civil servants, and reiterates its request for a copy of the updated framework and organizational structures of the General Labour Inspectorate.

Articles 5(a), 18 and 21(e). Effective cooperation between the labour inspection services and judicial bodies. Further to its previous comment, the Committee notes the Government’s indication that there is effective cooperation between the labour inspection services and the judicial bodies. The Committee nonetheless notes, with regard to the number of violations identified and of violation notices transmitted to the relevant officer in the Office of the Public Prosecutor, and to the action taken as a result, the Government refers to information contained in the General Labour Inspectorate activity reports for 2020 and 2021. Noting once more that the Office has not received those reports, the Committee reiterates its request that the Government provide more information on the effective cooperation between the labour inspection services and the judicial bodies, including the number of violations identified during inspection, the number of violation notices transmitted to the relevant officer in the Office of the Public Prosecutor and the action taken as a result, as well as the penalties imposed.

Article 5(b). Collaboration with employers’ and workers’ organizations. Further to its previous comment, the Committee notes that the Government indicates that collaboration between labour inspectors and employers’ and workers’ organizations does not take place in an institutionalized forum. The Committee notes, with regard to the holding and outcomes of the joint and tripartite meetings in which the labour inspectors participate, that the Government refers to the information contained in the General Labour Inspectorate activity reports for 2020 and 2021. The Committee notes that the Government will provide the Decree on the creation, organization and operation of the High Council for Social Dialogue, a body intended to strengthen social dialogue and tripartism, in a future report. The Committee once again requests the Government to provide further information on the issues covered in the joint and tripartite meetings in which labour inspectors participate, as well as the outcomes of the meetings. The Committee also requests the Government to continue to provide information on the adoption of the Decree on the creation, organization and operation of the High Council for Social Dialogue.

Articles 7(3), 10 and 11. Training of labour inspectors. Resources allocated to the inspection services. Further to its previous comments, the Committee notes: (i) at national level, the labour inspection services include 198 inspectors and 279 controllers; (ii) the Government’s indication that it is maintaining its efforts to provide the necessary human and material resources to allow the labour inspectorate to discharge its duties; (iii) that the overall training programme for labour inspection will be communicated in a future report; (iv) that in 2021, 30 safety and health inspectors benefited from capacity building provided by the African Regional Labour Administration Centre (CRADAT); and (v) that a partnership, put in place with the United States Department of Labour, is focusing on the project to recruit and train 2,000 labour inspectors and controllers, with the technical assistance of the ILO Country Office in the Democratic Republic of the Congo. The Committee notes however that the Government has not provided detailed information on the overall training programme for labour inspectors and the material resources allocated to them to allow them to discharge their functions effectively. The committee requests the Government once more to provide information on the overall training programme for labour inspectors. It also requests the Government to provide information on the measures taken and the progress made on the project to recruit and train 2000 labour inspectors, organized in partnership with the United States Department of Labour, giving details of the schedule for recruitment, the duration of the training courses, the subjects covered and possible prospects for continuous professional development. The Committee also requests the Government to provide detailed information on the budget allocated to the labour inspectorate, and on all measures taken or foreseen concerning the provision of material resources to the inspectorate, and on progress achieved in that connection.

B.Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1, 6 and 9 of the Convention. Organization and operation of the labour administration system. The Committee notes that the Government indicates that it will provide a copy of the new organizational chart of the labour administration once the reform process of the public administration has been completed. Noting that the request for an up-to-date organizational chart was first made in 2007, the Committee urges the Government to provide a copy of the new organizational chart of the labour administration system, once it has been finalized.