CMNT_TITLE

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

Other comments on C081

Observation

Direct Request

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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 the primary functions of labour inspectors, as set out in Article 3(1) of the Convention. Particularly, the Committee noted that out of 24 labour inspectors: two were assigned to the supervision of work permits, three inspectors focused on matters related to labour migration, three inspectors were charged with employment services for jobseekers and five labour inspectors focused on industrial relations and labour disputes. In its report, the Government indicates that the Ministry of Labour and Social Security (MLSS) recruited 15 Labour Officers and 10 Factory Inspectors in 2014 with specific duties, including labour inspection. The Committee notes that there are currently two senior labour and employment officers assigned to monitor labour migration, and three labour and employment officers and three labour inspectors focused on industrial relations and labour disputes. The Government indicates that following a functional and management review of the MLSS, conducted with the support of the ILO, a new structure is envisaged to facilitate the specialization of staff for executing labour administration activities. The Committee notes that the new structure makes provision for four technical directorates namely the labour and employment, policy, planning and research, occupational safety and health and, social protection. Although the Committee takes note of this information, it notes that, as indicated above, there is still a number of labour inspectors conducting work that does not constitute the primary functions of labour inspectors, as set out in Article 3(1) of the Convention. Furthermore, the Government does not provide information on the total number of labour inspectors. The Committee recalls once again that, pursuant to Article 3(1) and (2) of the Convention, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work (for example, provisions relating to hours of work, wages, occupational safety and health (OSH) and the elimination of child labour). 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 to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. The Committee requests the Government to take specific measures, including in the context of the ongoing labour law reform process and the restructuring of the Ministry, to ensure that any functions assigned to labour inspectors do not interfere with their main objective, to ensure the protection of workers in accordance with Article 3(1) and (2) of the Convention. The Committee requests the Government to provide information on the adoption of such measures and on the total number of labour inspectors.

Article 9. Association of duly qualified technical experts and specialists in the work of the labour inspection services. The Government indicates that the MLSS is taking measures to recruit more staff from various backgrounds and with the requisite qualifications to work in the OSH directorate, but does not provide further specifications in this regard. The Committee requests the Government to specify the measures taken to ensure that duly qualified technical experts and specialists, in areas such as medicine, engineering, electricity and chemistry, are associated to the work of inspection in the area of OSH.

Articles 10 and 11. Resources of the labour inspectorate. The Committee notes with concern that the labour inspectorate continues to face severe resource constraints, having inadequate staff, no access to appropriate inspection tools, offices, or adequate transport facilities. However, the Government indicates that it intends to address these challenges by recruiting additional inspectors, providing more office space, tools and transportation, including by seeking support from development partners. Taking due note of the difficulties in obtaining sufficient funds, the Committee reiterates its firm hope that the Government will be in a position to report on measures taken to secure an adequate number of labour inspectors and access to the tools, materials and transport facilities necessary for the performance of their duties, in accordance with Articles 10 and 11 of the Convention. In this respect, the Committee requests the Government to provide more information on the recruitment procedure for labour inspectors as well as detailed information on the financial and material resources placed at the service’s disposal, for example, the number of vehicles available to inspectors.

Articles 15(c) and 16. Sufficient number of inspection visits and duty of confidentiality of the source of any complaint. In its previous comments, the Committee noted that in practice, only annual regular inspections are performed and requested the Government to indicate whether it is possible for an individual worker to file a complaint confidentially to the labour inspectorate in accordance with Article 15(c) of the Convention. In its reply, the Government indicates that, in addition to the integrated labour inspections, the Ministry also conducts regular factory inspections. Furthermore, it indicates that an individual worker has the right to file a complaint to the MLSS in line with Article 15(c) of the Convention. Recalling that in accordance with Article 16 of the Convention, workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee reiterates its request that the Government indicates how it is ensured that a sufficient number of labour inspections are undertaken and requests that the Government provide information on any practical measures taken in this regard. In this respect, the Committee requests the Government to provide statistical information on the number of labour inspections by indicating the number of labour inspections that were routine visits and those that were made in reaction to a complaint.

Articles 20 and 21. Publication and communication to the ILO of an annual report. The Committee notes that no annual inspection reports have been prepared or communicated to the ILO for many years. Taking due note of the Government’s intention to ensure that the annual integrated labour inspection reports are prepared, published and transmitted to all relevant authorities in the future, the Committee reiterates its hope that the Government will soon be able to take all possible measures in this respect.