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Labour Inspection Convention, 1947 (No. 81) - Cameroon (RATIFICATION: 1962)

Other comments on C081

Observation

Direct Request

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The Committee notes the observations of the General Union of Workers of Cameroon (UGTC), received on 12 November 2012, and the Government’s communication on this subject, received on 25 February 2013.

The Committee also notes the new observations of the UGTC, received on 25 September 2015 and the Government’s response to the observations received on 2 December 2015. The Committee will examine the observations of the UGTC and the Government’s response thereto in due course. The Committee also notes the observations of the Cameroon United Workers Confederation (CTUC), received on 28 September 2015. The Committee requests the Government to provide its comments on the observations of the CTUC.

The Committee notes the information provided by the Government on the effect given to Articles 5(b) and 7 of the Convention, concerning cooperation between labour inspectors and the social partners and the training of labour inspectors, respectively.

Articles 3(1), 10, 11 and 16 of the Convention. Human and material resources necessary for the discharge of the duties of the labour inspectorate. In its previous comment, the Committee requested the Government to provide information on the number of labour inspectors and the resources, including transport facilities, available to them in the various regional directorates, and on the measures introduced or envisaged to strengthen the labour inspectorate, particularly with regard to occupational safety and health (OSH). The Committee notes that the UGTC, in its observations of 2012, while recognizing the Government’s efforts to improve the working conditions of labour inspectors, considered that much still had to be done regarding the number of inspectors. The Government indicates in its report that there are ten labour inspectors in the central and coastal regions, five in each of the other regions, three in the departments and two in the arrondissements. Moreover, eight of the ten regional delegations have four-wheel drive vehicles, administrative offices are built and offices are furnished every year for labour inspectors, and the budget of the Ministry of Labour makes provisions for travel and hazard allowances in addition to allowances for missions to the interior of the country, in order to cover all additional expenses necessary for the discharge of their duties. The Committee also welcomes the Government’s indication that a programme to revitalize the labour inspection is currently being implemented to remedy the difficulties experienced by labour inspectors in the discharge of their duties. In this context, a large deployment of staff is envisaged following the completion of the induction course for the new group of administrators and labour controllers. It is also planned to extend the provision of vehicles to the delegations in the departments. The Committee requests the Government to provide additional information on the measures implemented in practice in the context of the programme to revitalize the labour inspection with a view to providing the labour inspectorate with the financial, human and material resources, including transport facilities, necessary for the effective discharge of their duties, particularly in the field of OSH.

Articles 3(1)(a), 6, 15(a) and 18. Status, conditions of service, integrity, independence and impartiality of labour inspectors. In its previous comments, the Committee requested the Government to indicate whether labour inspectors benefited from the status of public servants with indefinite appointments, and to provide information on their salaries, including allowances, as compared to those of other officials in the administration who perform similar duties, such as tax inspectors. The Committee notes that, in its 2012 observations, the UGTC stated that corruption among labour inspectors constituted a threat and an obstacle to the observance of the rights of workers in enterprises. It also notes that the Government reiterates in its report that labour inspectors are public servants within the labour administration, but does not provide the specific information requested by the Committee. The Committee once again requests the Government to provide specific information on the period of appointment of labour inspectors, and on their conditions of service, not only at the central level, but also at regional, departmental and arrondissement levels, and in comparison with those of other officials in the administration who perform similar duties, such as tax inspectors. It also requests the Government to indicate the measures taken or envisaged to provide labour inspectors with conditions of service such as to ensure that they are independent of improper external influences, as required by Article 6 of the Convention, and to give effect, in law and practice, to Article 15(a) of the Convention, which prohibits inspectors from having any direct or indirect interest in the undertakings under their supervision.

Article 3. Further duties entrusted to labour inspectors. In its previous comments, the Committee requested the Government to take measures to relieve labour inspectors of conciliation duties, for example by reassigning these duties to a conciliation body created for that purpose, to enable labour inspectors to resume their primary duties within the meaning of Article 3(1) of the Convention. It notes the Government’s indication in its report that, in addition to the traditional functions entrusted to labour inspectors, the Labour Code provides for the assignment of conciliation duties. Referring also in this regard to paragraphs 72–74 of its 2006 General Survey on labour inspection, the Committee considers that the time spent on such a function may be detrimental to the discharge of their primary inspection duties, as defined in Article 3(1) of the Convention, particularly when resources are limited. It also draws the Government’s attention to the guidance provided in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), under which “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee therefore encourages the Government to take the necessary measures to relieve labour inspectors, in law and practice, of their conciliation duties, to enable them to devote themselves fully to the discharge of their primary functions, as set out in Article 3(1) of the Convention.

Article 4. Supervision and control of the labour inspection by a central authority. In its previous comments, the Committee requested the Government to take measures to ensure that the labour inspection system operates under the supervision and control of a central authority, and to provide information on the measures taken or envisaged to ensure that action is taken on the recommendations made in the context of ILO assistance, with a view to the integration of all the units with labour inspection functions and powers, or coordinating and placing the units under the supervision and control of a central authority. The Committee also requested the Government to clarify the duties of labour inspectors and those of officials of the National Social Welfare Fund (CNPS), in order to remedy problems of overlapping functions between these two categories of officials with regard to social security. The Committee notes that the Government merely indicates that the labour inspectorate is under the supervision and control of the Ministry of Labour and Social Security (MINTSS). The Committee requests the Government to provide information on the measures taken or envisaged to ensure the coordination of all the units with labour inspection duties and powers under the supervision and control of the MINTSS and to address the problems of overlapping functions referred to above.

Articles 12, 13 and 17. Review of the legislation on the powers of labour inspectors. In its previous comments, the Committee noted that the MINTSS users’ guide establishing procedures for the Ministry’s various departments, sets out the requirement prior to inspecting a workplace of “a letter addressed to the head of the enterprise specifying the day, date and time of the visit”. Having noted the Government’s indication that, following the revision of the Labour Code in 1992 by the National Advisory Commission, the nature and scope of the powers of labour inspectors pursuant to Articles 12, 13 and 17 of the Convention had been considerably strengthened, the Committee requested it to provide information on the progress made with the draft revision of the Labour Code. The Committee notes that the only information provided by the Government on the above Articles is that labour inspectors have the power of injunction provided for by Article 13 of the Convention. The Committee also notes that, pursuant to section 108(1)(a) of the Labour Code of 1992, labour inspectors provided with proper credentials are empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to labour inspection, in accordance with Article 12(1)(a) of the Convention. The Committee therefore emphasizes that the text of the MINTSS users’ guide is contrary to Article 12(1)(a) of the Convention, the terms of which are taken up in section 108(1)(a) of the Labour Code. It requests the Government to take the necessary measures to ensure that the conduct of inspections, as reflected in the MINTSS users’ guide, is in conformity with Article 12(1)(a) of the Convention. It also once again requests the Government to provide information on the progress made with the draft revision of the Labour Code, and to provide copies of any new relevant texts adopted.

Articles 20 and 21. Annual labour inspection report. Referring to its previous comments, the Committee once again notes that no labour inspection report has been received by the ILO. It reminds the Government of the requirement for the central labour inspection authority to publish and communicate to the ILO, in accordance with Article 20 of the Convention, an annual labour inspection report containing the information required by Article 21(a)–(g). The Committee requests the Government to take the necessary measures to communicate to the Office an annual report on the work of the inspection services, in accordance with Articles 20 and 21 of the Convention.