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

Other comments on C081

Observation

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Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. In reply to the Committee’s previous comment, the Government indicates that the labour inspection services consider enforcement activities to be a preponderant mission and that, despite fairly important conciliation and mediation duties, the labour inspection services devote the fundamental part of their activities to enforcement, which are covered by an annual work plan established at the beginning of each year pay the heads of the labour inspection services. Recalling the importance of avoiding overburdening inspection services with tasks which by their nature may in certain countries be understood as incompatible with their primary function of enforcing legal provisions (paragraph 72 of the 2006 General Survey on labour inspection), the Committee notes that the enforcement activities of labour inspectors have been increasing since 2020 (2,822 workplaces inspected in 2020, 2,918 in 2021 and 5,112 in 2022) and that, in parallel, the number of conciliations attempted have been substantially lower (2,787 in 2019, 1,686 in 2020, 1,544 in 2021 and 1,707 in 2022). While noting this information, the Committee requests the Government to continue providing information on the number of inspections carried out in enterprises by labour inspectors, and the number of cases of mediation and conciliation attempts of labour disputes which have been referred to them.

Article 6. Status and conditions of service of labour inspectors. The Committee notes that, in reply to its previous comment, the Government indicates that in July 2022, following a general increase in wages in the public service, officials in the labour and social security inspection services benefited from a salary adjustment of 300,000 CFA francs for inspectors (grade A1) and 150,000 CFA francs for controllers (grade B1). The Committee also notes that, according to the indications provided by the Government, under the terms of Order No. 041077 of 8 December 2021, the amount of the bonus to combat social evasion (that is the total or partial dissimulation of an activity) allocated to labour inspectors rose from 200,000 to 400,000 CFA francs a month. While noting this information, the Committee requests the Government to indicate whether measures have been taken to revise Decree No. 77-884 of 10 October 1977 issuing the specific conditions of service of labour and social security officials.

Article 7.Recruitment and training of personnel in the inspection services. The Committee notes the Government’s indication in response to its previous comment that inspection personnel: (i) are recruited by competition from persons with a master degree (labour inspectors) or baccalaureate (labour controllers); (ii) benefit from a two-year training course at the National School of Administration which is provided by very experienced labour inspectors and higher educational personnel; and (iii) receive regular further training through internal capacity-building sessions and at the African Regional Centre for Labour Administration (CRADAT) and the Turin International Training Centre. The Committee also notes that cooperation with certain countries, such as Germany, has led to significant progress being achieved in the training of labour inspectors and controllers, that the strengthening of capacities of those engaged in occupational safety and health is among the priorities of the National Occupational Safety and Health Programme 2023-27 and that, with a view to promoting the adoption of safety-conscious behaviour at all workplaces, certain universities and institutes provide initial and/or further training for the principal actors engaged in prevention, such as members of supervisory institutions. The Committee notes the information provided by the Government which addresses its previous comment.

Articles 10, 11 and 16. Human and material resources of the inspection system. In reply to the Committee’s previous comment, the Government indicates that its will to give effect to the Convention has resulted in: (i) a clear increase in the level of the equipment provided to labour inspectors; (ii) the construction or rehabilitation, extension and improvement of the premises of all labour inspection services, with the exception of those in Dakar, Rufisque and the free industrial zones; (iii) the regular increase in operating credits; and (iv) the allocation of appropriate vehicles to all inspection services. The Government adds that cooperation with Germany has also made it possible to achieve a major improvement in the conditions of work of the personnel of the inspection services and the logistical and IT equipment available to them. However, the Committee notes that, of the 22 vehicles made available to the inspection services, 16 are in a bad (or very bad) condition, broken down or immobilized. The Committee further notes that the number of inspectors and controllers fell from 134 in 2019 to 128 in 2022. While welcoming the improvements made, including those resulting from cooperation, the Committee requests the Government to continue providing information on the number of members of the personnel of the labour inspection services, as well as detailed information on the financial and material resources available to the inspection services.

Articles 17 and 18. Effective enforcement of appropriate penalties for the violation of legal provisions. The Committee notes the Government’s indication in reply to its previous comment that in 2022 only two non-compliance reports were drawn up, representing 0.04 per cent of the measures adopted following inspections. According to the Government, this situation can be explained by the fact that labour inspectors give priority to advice, dialogue and a pedagogical approach. According to the Government’s indications, it is only in the most serious cases that measures of constraint or repression are applied. The Committee recalls that the correct balance needs to be found between the advisory functions of the labour inspection services and their law enforcement functions. These functions need to be governed and distributed in a balanced manner within the framework of a global strategy. The Committee observes that the power of labour inspectors to impose penalties, when they are justified and motivated by the aim of future dissuasion, is an important component of any prevention strategy. The Committee further notes the Government’s indication of the number of individual disputes (724) that have been referred to labour tribunals, but does not provide information on the cases of non-compliance reported. The Committee requests the Government to provide information on the manner in which it ensures an appropriate balance between the advisory and enforcement functions of the labour inspection services within the framework of an overall strategy for the effective application of the law. The Committee also once again requests the Government to provide specific information on the number of documents submitted annually by the labour inspection services to prosecutors and the courts, the number of cases in which legal proceedings or court action has been taken, and their outcome.

Article 18. Adequate penalties established by the national legislation for the violation of legal provisions. In reply to the Committee’s previous comment, the Government indicates that, within the framework of the work for the revision of the Labour Code a complete title is devoted to penalties and that account is indeed taken of the issue of the proportionality of the violations committed and the penalties imposed. The Government adds that, under the terms of Circular No. 000794 of 20 November 2020, a labour inspector can now impose a fine directly on any party which does not respond to being convened in the context of the settlement of individual labour disputes. The fine can be a maximum of 500,000 CFA francs. The Committee requests the Government to continue providing information on the process of reviewing the penalties imposed for violations of labour legislation.