Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 81) sur l'inspection du travail, 1947 - Gabon (Ratification: 1972)

Articles 5, 13, 17 and 18 of the Convention. With reference to its previous observation, the Committee notes, in the annual report of the provincial directorate of Moyen-Ogooue for 2008, the large number of breaches of article 228 of the Labour Code relating to the negligence of instructions and necessary protective equipment for the safety of workers and to the close cooperation between the labour inspectorate and judicial organs, with a view to verify the implementation of the measures ordered to remedy the defects observed or to pursue the employers in breach. The Committee notes that the Government acknowledges in its report the necessity to take the recommended measures by the Committee in its general observation 2007 to promote cooperation between the labour inspection services and justice system. In this regard, it underlines the usefulness of a system to register judicial decisions relating to questions covered by the Convention, so as to make it accessible to labour inspection, and more specifically for the inclusion of relevant data in the annual labour inspection report. The Committee equally notes that the Government does not mention on any measure to that end.

Concerning the effect given to Articles 17 and 18 of the Convention regarding the powers entrusted to labour inspectors to enforce relevant legal dispositions and penalties applicable in the case of violation, according to the Government, Decree No. 000741/PR/MTE/MEBFP of 22 September 2005 has had a real impact on the results of labour inspections, as employers “until then lethargic” are now aware of the importance of proper application of labour law and of the inspectors’ advice. Finally, the Government welcomes the impact of these developments from a social point of view as well as on business.

The Committee asks the Government to take measures aimed at giving effect in practice, by means of rules and regulations, circulars or any other means of application, to the national legal provisions defining violations of laws relating to the conditions of work and the protection of workers, and fixing the applicable sanctions and to provide a copy of the relevant texts as well as information on their application in practice.

The Committee also asks the Government, in particular, to take the necessary measures to give effect to the cooperation provided for within articles 228 and 229 of the Labour Code, to extend such cooperation as recommended in the Committee’s general observation of 2007 under this Convention and to communicate information to the ILO on any progress made in this regard.