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Labour Inspection Convention, 1947 (No. 81) - Sierra Leone (RATIFICATION: 1961)

Other comments on C081

Observation

Direct Request

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Labour law reform. The Committee notes the Government’s indication in its report that a new Employment Act No. 15 has been adopted in 2023 (Employment Act 2023), which inter alia provides details on the structure and responsible authority with regards to labour administration and labour law enforcement in Sierra Leone. The Committee notes that at the same time, pending the adoption of a new OSH Act, the Factories Act 1974 which provides for the duties and responsibilities of the Factory Inspectorate is still in force. Furthermore, the Government has provided a copy of the Draft Employment Regulations, which also include references to inspection functions and relevant processes. Taking note of the new legislative developments, the Committee requests the Government to indicate the progress made towards the adoption of the new OSH Act and the Employment Regulations, and to provide copies once adopted.

Article 3(1) and (2) of the Convention. Additional duties entrusted to labour inspectors. In its previous comments, the Committee noted that a number of labour inspectors are assigned duties that do not constitute their primary functions, including supervision of work permits, labour migration, employment services for jobseekers, and industrial relations and labour disputes. The Government indicates that the reform process and the restructuring of the Ministry of Employment, Labour and Social Security have been carried out to ensure that any functions assigned to labour inspectors do not interfere with their primary functions. The Government indicates that this is a work in progress and funding is required for more labour officers to be recruited and trained. While taking note of this information, the Committee notes that the Government does not clarify how the new structure ensures that any additional duties entrusted to labour inspectors do not interfere with the effective discharge of their primary duties to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Furthermore, the Government does not provide information on the total number of labour inspectors and the duties assigned to them. The Committee expresses its concerns that the Government take measures, including in the context of the ongoing restructuring of the Ministry, to ensure that any functions assigned to labour inspectors do not interfere with their primary duties, which are related to enforcement of the legal provisions relating to the conditions of work and the protection of workers while engaged in their work, in accordance with Article 3(1) and (2) of the Convention. The Committee requests the Government to provide detailed information on the adoption of such measures, on the total number of labour inspectors and the duties assigned to them.

Articles 6 and 7. Recruitment and independence of labour inspectors. In reply to the Committee’s previous comment, the Government indicates that the basic requirement for the recruitment of labour inspectors is a Diploma or Certificate and that the Ministry of Employment works in partnership with the Human Resources Management Office of the Public Service Commission to put out notices advertising the need for recruitment for labour inspectors. While taking note of this information, the Committee notes with regret that the Government once again does not indicate how it ensures that political affiliation is not one of the factors considered in recruitment. The Committee once again requests the Government to take the necessary measures as soon as possible to ensure that labour inspectors are recruited with sole regard to their qualifications for the performance of their duties, in accordance with Article 7 of the Convention.

Article 7. Training of labour inspectors. The Committee notes that newly recruited inspectors are provided orientation and training on labour inspection, administration and management amongst others. However, it notes the Government’s indication that, in general, the training is sporadic due to the lack of resources and that the Government is in the process of sourcing funds to ensure routine training and the development and progressive update of training manuals. Taking due note of the limited resources available, the Committee hopes that the Government will be able to provide information on the content, frequency and duration of the training given to inspectors, as well as the number of participants.

Articles 10 and 11. Resources of the labour inspectorate. The Committee notes once again with concern that the labour inspectorate continues to face severe constraints of human and material resources. The Government indicates that, although efforts have been made for the addition of labour inspectors, there have been no new recruitments since the last report due to lack of funding. The Government indicates that it envisages recruiting new labour inspectors through the Human Resource Management Office after the workforce hearing scheduled for September 2023. The Committee notes that there is no inspection equipment and tools for the conduct of OSH inspections in workplaces. Furthermore, it notes that the vehicles available at the Ministry are accessible only to different Heads of Unit and can be assigned to inspectors when the need arises to carry out their functions and that the Ministry has no vehicles for field services. As a result, the Ministry rarely carries out field services including labour inspections. Taking due note of the continuous difficulties in obtaining sufficient funds, the Committee requests the Government to take the necessary measures to ensure that the labour inspection services have sufficient human resources necessary for their operation. In this respect, the Committee requests the Government to provide information on any developments with regard to the planned recruitment of new labour inspectors and detailed information on the number of labour inspectors, disaggregated by gender. The Committee requests that the Government provide detailed information and relevant data with regards to material resources allocated to the labour inspectorate (including the budget allocated to the labour inspection services, the number of computers and vehicles available, etc.). Noting that there is no vehicle available for field services, the Committee requests the Government to provide information on any measures adopted or envisaged to strengthen the transport facilities available to inspectors, particularly in regions where public transport facilities are scarce.

Articles 17 and 18. Adequate penalties imposed and effectively enforced. The Committee notes the Government’s indication that the new Employment Act 2023 incorporates adequate penalties for the breaches of the legal provisions enforceable by labour inspectors. At the same time, it notes that, pending the adoption of a new OSH Act, the Factories Act 1974, which established inadequate fines remains in force. Noting this legislative overlap, the Committee requests the Government to clarify which penalties can be imposed by labour inspectors and on what legal basis and to ensure that the new OSH Act establishes adequate penalties for the legal provisions enforceable by inspectors. The Committee requests the Government to provide detailed information on the number of violations detected, the number of infringement reports issued, the number of cases brought to the courts, and the penalties subsequently imposed.

Articles 19, 20 and 21. Periodic reports and preparation, publication and transmission of an annual report on the work of the inspection services. The Government indicates that under section 29 of the Employment Act 2023, the Commissioner of Labour is obliged to publish an annual report after submitting it to the Minister of Labour within four months following the end of the financial year. The Committee takes note of the information provided by the Government on the number of workplaces that have been registered and inspected for 2018–23 but also notes that no annual inspection reports have been prepared or communicated to the ILO for many years. The Committee requests the Government to take all the necessary measures to ensure that the labour inspection report is published and transmitted to the ILO, in accordance with Article 20 and that such report contains information on all the subjects listed in Article 21 (a)–(g).