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Labour Inspection Convention, 1947 (No. 81) - Gabon (RATIFICATION: 1972)

Other comments on C081

Observation

Direct Request

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Legislation. Bringing the provisions of the Labour Code into conformity with the Convention. The Committee welcomes the fact that, further to a request from the Government, the Office undertook an examination of the proposed amendments to the Labour Code, including with regard to labour inspection, and sent its comments to the Government. The Committee hopes that the Government will take measures as part of the reform to bring the provisions of the Labour Code into conformity with the Convention, in particular Article 3(2) (further duties assigned to labour inspectors), Article 13(1), (2)(a) and (b) (labour inspectors’ power to issue orders, including with regard to immediately enforceable measures in the event of imminent danger), Article 15(c) (obligation of confidentiality), and Articles 17 and 18 (penalties that act as a sufficient deterrent for violations of the legal provisions; obstruction of labour inspectors in the performance of their duties).

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

Implementation of recommendations made in the ILO’s analytical study of labour administration and inspection systems. The Committee welcomes the Government’s indications that measures are gradually being implemented to give effect to the recommendations made in the ILO’s analytical study of 2010 (hereinafter “analysis”). The Committee asks the Government to indicate the specific measures taken or contemplated to implement the recommendations made as part of the analysis, particularly as regards the implementation of the following Articles.

Article 3(2) of the Convention. Further labour inspection duties. The Committee recalls that, according to the conclusions of the analysis, the role of inspectors is limited in practice to the provision of advice and conciliation, to the detriment of monitoring and inspection duties. In this regard, the Committee notes that the new draft Labour Code still assigns conciliation duties in labour disputes to inspectors. The Government indicates in its report that it has noted the recommendation that two separate units should be established, one for inspection and one for conciliation, and that it is considering establishing a labour tribunal (conseil de prud’hommes). The Committee asks the Government to provide information on the time and resources that labour inspectors spend on conciliation by comparison with primary inspection duties, as defined in Article 3(1) of the Convention. It requests the Government to provide detailed information in its next report on the measures taken or contemplated to ensure that conciliation duties are not performed at the expense of primary duties, in accordance with Article 3(2).

Articles 4 and 5(a). Effective organization of the labour inspection system under the supervision and control of a central authority. The Committee recalls that, according to the findings of the analysis, the labour inspection system is scattered and complex, with many services responsible for labour inspection without any central authority being established or clearly defined. The Committee requests that the Government provide information on the measures taken or contemplated to implement the recommendation made in the analysis to place the labour inspection system under the supervision and control of a central authority and to organize the system effectively by coordinating those services responsible for labour inspection.

Articles 5(a), 20 and 21. Annual report on the work of the labour inspectorate. The Committee notes that, despite the Government’s indications, the Office has not received any annual report on the work of the labour inspection services. The Committee notes that the analysis highlights the total absence of basic labour statistics and recommends the organization of enterprise records, with a view to, inter alia, establishing the number of workplaces liable to inspection and the number of workers employed therein. In line with the recommendations, one way of doing this would be through the exchange of relevant data with other bodies, such as the National Social Security Fund. The Committee requests the Government to indicate the measures taken to establish enterprise records, as recommended in the analysis. It also requests that the Government provide information on any measures taken to ensure that an annual report on the work of the labour inspection services, containing the information prescribed in Article 21(a)–(g), is published and sent to the Office in accordance with the deadlines specified in Article 20.

Article 7. Initial and further training for labour inspectors. The Committee notes that, according to the Government’s information on the application of the Labour Administration Convention, 1978 (No. 150), training seminars and courses provided with ILO technical cooperation have had a beneficial impact by enabling labour inspectors to extend their knowledge of ways to tackle recurring issues such as forced labour, freedom of association, the use of child labour, discrimination and harassment. It recalls the conclusions of the analysis regarding labour inspectors’ limited knowledge of occupational safety and health (OSH), including the prevention of occupational risks. Lastly, it notes the indications regarding the revision of course content in training schools, with a special focus on practice, with a view to reinforcing the capacities of labour inspectors and controllers. The Committee requests that the Government supply detailed information on training for labour inspectors, including with regard to OSH.

Articles 10, 11 and 16. Human and material resources and number of inspection visits. The Committee recalls that the analysis indicated a deficit in logistical, material and human resources in labour inspection, particularly for enforcing laws and regulations relating to OSH. Since the analysis also indicated the virtual absence of inspections in the regions, the Committee welcomes the information supplied in the Government’s report to the effect that, since 2013, inspections are also being conducted in the regions. As regards the material resources for labour inspection, the Committee also welcomes the fact that the Government envisages establishing a laboratory within the Directorate-General for Occupational Health and Medicine. The Committee asks the Government to provide detailed information on the number of labour inspectors performing inspection duties in accordance with the Convention, and also on the number of inspections conducted during the period covered by the Government’s next report. It also asks the Government to describe in detail the material resources provided for the labour inspection services (offices, telephones, computers, Internet access, etc.), including transport facilities.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspection services. The Committee recalls the indications in the analysis that the procedure for the notification of industrial accidents and occupational diseases does not appear to result systematically in the notification of the labour inspection services responsible for OSH. The analysis also mentions that draft decrees are under consideration with a view to modernizing the legislation currently in force, including revising the list of occupational diseases. The Committee asks the Government to indicate the measures taken or contemplated regarding the recommendations made in the analysis to re examine procedures for the notification of industrial accidents and cases of occupational disease with a view to improving the effectiveness of the system.