Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 150) sur l'administration du travail, 1978 - Togo (Ratification: 2012)

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 context 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 the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and Convention No. 150, with a view to bringing national law and practice into conformity with these Conventions. The Committee asks that the Government refer to its comments on Convention No. 81 with respect to this matter.

Article 4 of the Convention. Coordination of functions and responsibilities necessary for the effective operation of the labour administration system. Application of the Convention in practice. The Committee notes the Government’s statement that no regulations have been adopted with a view to organizing the coordination of the functions and responsibilities of the labour administration system. However, the Committee notes that, under section 16 of Order No. 006-2013/MTESS of the Ministry of Labour, Employment and Social Security (MTESS), the general secretariat is the central administrative body responsible for the coordination and technical and administrative management of the department and is placed under the authority of a general secretary. The secretary’s duties include monitoring and following up the application of decisions taken by the Ministry, handling relations with other departments and users, and organizing the circulation of information. The Committee asks the Government to provide information on the practical measures taken to ensure that the labour administration system operates effectively and that the functions assigned to it are properly coordinated. It also requests the Government to send a copy of the organizational chart of the labour administration system within the meaning of Article 1 of the Convention, and to communicate extracts of any reports or other periodic information provided by the principal labour administration services, as required by Part IV of the report form.

Article 5. Consultation, cooperation and negotiation between the public authorities and the employers’ and workers’ organizations or their representatives. The Government indicates that the measures for implementing this Article consist of procedures adopted for establishing tripartite bodies, which include the following: the National Council for Social Dialogue (CNDS), which has been operational since April 2007; the National Council for Labour and Social Legislation (CNTLS) (which is covered by section 209 of the Labour Code); the National Social Security Fund (CNSS); the National Employment Agency (ANPE); the Togo Pension Fund (CRT); the National Health Insurance Institute (INAM); and the National Fund for Apprenticeships and Vocational Training (FNAFPP). The CNSS, ANPE, CRT and INAM are represented at the regional and local levels only to serve the users of the services. The Committee requests the Government to send a copy of the Decree establishing the structure and operation of the CNTLS and the Higher Civil Service Council (CSFP), pursuant to section 11 of Decree No. 2007-012/PR of 13 March 2007. It would also be grateful if the Government would send concise information on the matters which have been referred to these bodies and on any opinions or recommendations that they have issued. The Committee further asks the Government to indicate the measures taken or contemplated in order to ensure consultation, cooperation and negotiation at the regional and local levels, and also at the level of the different sectors of economic activity.

Article 6. Functions of the labour administration system. The Committee notes the Government’s indications that the competent bodies of the labour administration system responsible for the functions laid down by this provision of the Convention are, according to Decree No. 2012-006/PR of 7 March 2012, the Directorate-General of Employment, the Directorate-General of Labour, the Directorate-General of Social Protection, the CRT, the Directorate of Vocational Training and Apprenticeships, and the Committee on Occupational Safety and Health. In addition there are structures linked to parastatal bodies such as the CNSS, ANPE, CNDS, INAM, CNTLS, the National Committee for the Monitoring of Employment Policy (CNSPE) and the FNAFPP, which have been established through regulatory texts. The Government points out that the ANPE is responsible for reviewing the situation of employed, unemployed and underemployed persons. The labour inspectorate monitors conditions of work and working life, and terms of employment. All the abovementioned bodies make their services available to employers, workers and their organizations. The labour inspection services and the Directorate-General of Labour respond to requests from employers and workers for technical advice. The Committee asks the Government to refer to its comments relating to the Employment Policy Convention, 1964 (No. 122).

Article 7. Extension of the functions of the labour administration system to the categories of workers referred to by this Article. The Government indicates that section 3 of Act No. 2011-006 of 21 February 2001 issuing the Social Security Code provides that self-employed workers from various sectors of activity shall be subject to the general social security scheme, covering all sectors as regards pensions and family benefits. The Committee also notes the Government’s indications, according to which workers in the informal economy are also covered without providing any further specifications. As regards occupational risks, vocational training school students, apprentices and interns are covered with respect to the risks connected with their training, apprenticeship or internship. Procedures for the implementation of these provisions are determined by order of the competent ministry. However, the Government points out that implementing regulations regarding workers in the informal sector are under examination. The Committee requests the Government to send copies of regulations implementing the abovementioned provision of the Social Security Code specifically concerning self-employed workers and workers in the informal economy.

Article 10. Staff of the labour administration system and resources for the effective performance of their duties. According to the Government, there are suitably qualified persons for the activities to which they are assigned and they are more or less independent of improper external influences. Labour administration staff are recruited through the specialized National School of Administration. The staff are mainly composed of labour inspectors, assisted by support staff (office employees, drivers, etc.). The support staff does not enjoy any particular status, as provided for in the case of labour inspectors by section 182(2) of the Labour Code. The Government also indicates that the financial resources and material means available to labour administration staff for the effective performance of their duties are relatively insufficient to guarantee their independence. The Committee requests the Government to send detailed information on the status, conditions of service and further training of labour administration staff, including labour inspectors. It also requests the Government to take the necessary steps to make available to labour administration staff the necessary financial resources and material means for the performance of their duties and to send information in its next report on any progress made in this respect.