Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Côte d'Ivoire

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1987)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1987)

In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee sees fit to examine Convention No. 81 and Convention No. 129 in a single comment.

The Committee notes Act No. 2015-532 of 20 July 2015 issuing the Labour Code.

Article 3(1) and (2) of Convention No. 81 and Article 6 of Convention No. 129. Functions of the labour inspectorate. Legislation. The Committee notes section 91.3 of the Labour Code, which provides that the inspectorate of labour and social legislation is responsible for all matters relating, inter alia, to conditions of work, labour relations and employment. It also notes that section 81.2 assigns a conciliation function to the labour inspectorate regarding individual labour disputes before any recourse is had to the labour tribunal. The Committee refers to Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129, which determines the primary duties of the labour inspectorate, and Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, which 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 their authority and impartiality. It also draws the Government’s attention to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. Moreover, the Committee recalls from the guidance provided in Paragraph 3(3) of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133) that where labour inspectors are charged with these functions, measures should be taken with a view to relieving them progressively of such functions. The Committee requests the Government to provide detailed information on the primary functions of the labour inspection service as provided for in Article 3(1) within the meaning of Convention No. 81 and Article 6(1) of Convention No. 129, as well as the number of staff and time dedicated to other functions within the meaning of Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Recruitment and training of labour inspectors. In its previous comments, the Committee noted that labour inspectors were recruited through a competition, and their training comprised three cycles. The Government indicates that these competitions are organized by the minister responsible for the civil service. However, the Government does not specify the criteria or procedures for the recruitment of inspectors, or the number of participants in the different training cycles, as had been requested by the Committee. The Committee once again requests the Government to provide information on the criteria and procedures in force for the recruitment of labour inspectors and to indicate the number of participants in the different training cycles.

With regard to agriculture, the Committee previously observed that there were no labour inspectors specializing in agriculture or specifically trained in this area. The Committee notes that no progress has been made in this respect. It draws the Government’s attention to Paragraphs 4–7 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133). The Committee requests the Government once again to take the necessary steps to provide labour inspectors in agriculture with adequate training for the performance of their duties and to keep it informed of any developments in this respect.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Human and material resources. In its previous comment, the Committee noted the observations of the General Confederation of Enterprises of Côte d’Ivoire (CGECI), to the effect that difficulties in the labour inspection services were due to the inadequate resources made available to them by the Government. It asked the Government to provide information on the number of labour inspectors in the various regional and departmental directorates and on the material resources available for the performance of their duties.

The Committee notes the Government’s indications that the directorate-general for labour comprises 255 labour technicians and 38 inspection services, including 15 regional directorates and ten departmental directorates. The Government also indicates that all departments have an annual budget allocation, that major investments were made in the 2013–15 period to build the capacity of the labour administration and that it is working on resolving certain constraints relating to the functionality of premises and equipment. However, it explains that real efforts still need to be made with regard to means of transport. The Committee also notes that the Government has not supplied any information on the material resources available to the labour inspectorate in agriculture. The Committee requests the Government to indicate, for example in the form of tables, the number of labour inspectors and their categories for each of the 38 labour inspection services. It also requests it to specify the material resources available to the labour inspectorate (including in agriculture), such as vehicles, premises, computers, printers, telephones, etc., and on all the steps taken to increase these material resources, particularly means of transport, and to enable labour inspectors to perform their duties effectively.

Articles 16 and 21(c) of Convention No. 81 and Articles 21 and 27(c) of Convention No. 129. Inspections and register of workplaces liable to inspection. In its previous comment, the Committee noted the observations of the CGECI, to the effect that inspectors, since they had inadequate resources available to them, confined themselves to receiving and dealing with complaints, and appeared to focus essentially on formal sector enterprises. The Committee asked the Government to inform it of any measures taken, especially as part of inter-institutional cooperation, to ensure the development and maintenance of a reliable register of workplaces liable to labour inspection. The Committee also asked the Government to provide statistical data on inspections disaggregated by the sectors concerned, including agriculture.

The Committee notes the Government’s indication that 1,042 inspections were carried out in 2014 (across all sectors) but that it does not provide any reply with regard to the other matters raised by the Committee. The Committee requests the Government to provide information on the measures taken and the progress made regarding the establishment of a register of workplaces liable to inspection and to provide statistical data on the number of inspections carried out by sector and type of inspection visits.

Articles 19–21 of Convention No. 81 and Articles 25–27 of Convention No. 129. Periodic and annual reports on the work of the labour inspection services. Referring to its previous comments, the Committee notes with regret that the Government has not supplied any information on progress made regarding the preparation of an annual report on the work of the labour inspection services. However, the Committee notes that section 91.1 of the new Labour Code provides that the labour administration shall draw up and publish an annual report on the work of the services under its control. The Committee therefore requests the Government to provide information on all the measures taken regarding the preparation of an annual report containing all available information on the subjects specified in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, on the understanding that information concerning agriculture may be published as a separate report or as part of a general annual report. In any event, the Committee requests the Government to send as detailed information as possible on the number of workplaces liable to inspection and the number of workers employed therein, the number of inspections carried out and the results thereof (number of violations recorded, the legal or regulatory provisions concerned, the penalties applied, etc.), and also on occupational accidents and diseases and their causes.