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The Committee notes the Government’s report which provides only partial replies to its previous comments. The Committee also refers to its comments under the Labour Administration Convention, 1978 (No. 150), in which it notes the analysis carried out by the Ministry of Labour and the Public Service (MTFP) of the situation and future of the labour administration, as well as the proposals made in this context concerning its budgetary and human resources (number of staff, qualifications, training, career plan, etc.) and the organization of its services. The Committee requests the Government to keep the ILO informed of any developments relating to the organization and operation of the labour inspectorate during the period covered by the next report, including any steps taken to obtain any international financial assistance required.

It would be grateful if the Government would also provide information on the impact of the measures expected further to its previous direct request which read as follows:

Articles 2 and 3(1) and (2) and Article 16 of the Convention. Coverage of the labour inspection system. Functions of the labour inspection system and visits to establishments. The Committee notes the adoption, on 28 January 2008, of Order No. 77/MTFP/DC/SGM/SA concerning the responsibilities, organization and functioning of the departmental labour and public service directorates. According to this Order, the departmental labour inspection services are responsible for supervising the application of labour legislation, and the departmental mediation and industrial relation services are competent in matters of conciliation. In its previous comments, the Committee had drawn the Government’s attention to the time devoted to resolving industrial disputes at the expense of carrying out its supervisory duties. From the information provided by the Government in 2008, it appears that the number of inspection visits has been declining constantly since 2004; it decreased from 245 for the first six months of 2004 to 181 for the year 2005, then dropped to 138 in 2007. The Committee requests the Government to indicate why the labour inspectors are carrying out fewer and fewer inspection visits. It would be grateful if the Government could also give, for each departmental labour directorate, the number of supervisors and inspectors assigned to the inspection services and the number of inspectors and supervisors assigned to mediation and industrial relations, specifying whether the same officials are carrying out inspection and conciliation duties at the same time. The Government is also asked to specify the measures taken or envisaged to enable labour inspectors and supervisors to carry out their inspection duties effectively, as defined in the Convention, by conducting inspection visits in the establishments under their control as often and as thoroughly as necessary.

Articles 5(a), 17(1) (2) and Article 18. Effective cooperation between the labour inspection services and the judicial bodies. Legal proceedings and penalties for violations of the labour legislation. The Committee notes that two labour workshops on relations between the labour administration and labour courts were organized in 2008, which were attended by judges and labour inspectors. Noting the Government’s determination to increase this type of contact between judges and labour inspectors, the Committee requests the Government to provide information on the impact of these workshops on the practices of labour inspectors, on the one hand, and on the handling of files submitted to the courts, on the other.

The Committee notes that section 271 of the Labour Code authorizes labour inspectors to initiate legal proceedings directly against persons responsible for violations of labour legislation and regulations. It would seem, however, that, from the information provided by the Government in 2008, violations to labour legislation noted by the labour inspectors – such as the absence of a declaration to the social security fund, the violation of provisions relating to working time or occupational safety and health obligations, or the lack of an employer’s register – only resulted in enforcement notices being sent to the employers. The Committee recalls that, although Article 17(2) leaves it to the discretion of the labour inspectors to decide on their course of action if they note a violation, they must institute proceedings if the enforcement notices have no effect; indeed, it is the only way of ensuring respect for legal provisions concerning labour conditions and worker protection. The Committee therefore requests the Government to take measures to ensure that labour inspectors exercise their authority to prompt proceedings against employers who either ignore orders and advice or continue to neglect their obligations with respect to working conditions and labour protection. It hopes that such measures will be introduced quickly and that information on legal proceedings and the application of appropriate penalties will soon be provided to the ILO.

Article 7(3). Training of labour inspectors. In its previous report received in 2006, the Government raised the possibility of introducing, in the context of a partnership with France, a training of instructors on occupational hazards; it added that a three-year training plan (2007–09) of officials from the Ministry of Labour and the Public Service, including staff from the labour inspection services, was being formulated. The Committee requests the Government to provide information on the content of these projects for the training of labour inspectors, as well as on any other training programmes available to labour inspectors and supervisors when they take up their jobs or in the course of their employment.

Furthermore, the Committee draws the Government’s attention to the following matter.

Articles 19, 20 and 21. Periodic reports and annual report on the work of the labour inspection services. The Committee notes that the annual report on the work of the labour inspectorate for the period covered by the report has not been received. It notes that despite the difficulties faced in establishing a register of workplaces and enterprises, the Government announces measures to establish such register (redeployment of staff and mobilization of resources to collect statistical data). The Government also refers to a meeting held on 17–18 August 2010 in which various actors from the world of work participated in order to establish an exchange of information on their respective roles in implementing the ratified Conventions. The Committee emphasizes that an annual report as required by the Convention requires first of all the preparation of periodic reports by labour inspectors or local inspection offices in accordance with Article 19 of the Convention which contain useful information and on the basis of which the central authority is able to prepare the annual report. Furthermore, the report should be published within the time limits laid down in Article 20 of the Convention. The central authority will find useful guidance on the manner in which the information required may be presented in Part IV of the Labour Inspection Recommendation, 1947 (No. 81). The Government is requested to keep the Office informed of the measures taken to give full effect to Articles 20 and 21 of the Convention. It also encourages it to formalize its request for technical assistance from the ILO expressed in its report.

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Article 2 and 3, paragraphs 1 and 2, and Article 16 of the Convention. Coverage of the labour inspection system. Functions of the labour inspection system and visits to establishments. The Committee notes the adoption, on 28 January 2008, of Order No. 77/MTFP/DC/SGM/SA concerning the responsibilities, organization and functioning of the departmental labour and public service directorates. According to this Order, the departmental labour inspection services are responsible for supervising the application of labour legislation, and the departmental mediation and industrial relation services are competent in matters of conciliation. In its previous comments, the Committee had drawn the Government’s attention to the time devoted to resolving industrial disputes at the expense of carrying out its supervisory duties. From the information provided by the Government in 2008, it appears that the number of inspection visits has been declining constantly since 2004; it decreased from 245 for the first six months of 2004 to 181 for the year 2005, then dropped to 138 in 2007. The Committee requests the Government to indicate why the labour inspectors are carrying out fewer and fewer inspection visits. It would be grateful if the Government could also give, for each departmental labour directorate, the number of supervisors and inspectors assigned to the inspection services and the number of inspectors and supervisors assigned to mediation and industrial relations, specifying whether the same officials are carrying out inspection and conciliation duties at the same time. The Government is also asked to specify the measures taken or envisaged to enable labour inspectors and supervisors to carry out their inspection duties effectively, as defined in the Convention, by conducting inspection visits in the establishments under their control as often and as thoroughly as necessary.

Articles 5(a), 17, paragraphs 1 and 2, and 18. Effective cooperation between the labour inspection services and the judicial bodies. Legal proceedings and penalties for violations of the labour legislation. The Committee notes that two labour workshops on relations between the labour administration and labour courts were organized in 2008, which were attended by judges and labour inspectors. Noting the Government’s determination to increase this type of contact between judges and labour inspectors, the Committee requests the Government to provide information on the impact of these workshops on the practices of labour inspectors, on the one hand, and on the handling of files submitted to the courts, on the other.

The Committee notes that section 271 of the Labour Code authorizes labour inspectors to initiate legal proceedings directly against persons responsible for violations of labour legislation and regulations. It would seem, however, that, from the information provided by the Government in 2008, violations to labour legislation noted by the labour inspectors – such as the absence of a declaration to the social security fund, the violation of provisions relating to working time or occupational safety and health obligations, or the lack of an employer’s register – only resulted in enforcement notices being sent to the employers. The Committee recalls that, although Article 17, paragraph 2, leaves it to the discretion of the labour inspectors to decide on their course of action if they note a violation, they must institute proceedings if the enforcement notices have no effect; indeed, it is the only way of ensuring respect for legal provisions concerning labour conditions and worker protection. The Committee therefore requests the Government to take measures to ensure that labour inspectors exercise their authority to prompt proceedings against employers who either ignore orders and advice or continue to neglect their obligations with respect to working conditions and labour protection. It hopes that such measures will be introduced quickly and that information on legal proceedings and the application of appropriate penalties will soon be provided to the ILO.

Article 7, paragraph 3. Training of labour inspectors. In its previous report received in 2006, the Government raised the possibility of introducing, in the context of a partnership with France, a training of instructors on occupational hazards; it added that a three-year training plan (2007–09) of officials from the Ministry of Labour and the Public Service, including staff from the labour inspection services, was being formulated. The Committee requests the Government to provide information on the content of these projects for the training of labour inspectors, as well as on any other training programmes available to labour inspectors and supervisors when they take up their jobs or in the course of their employment.

Articles 19, 20, and 21. Periodical reports and annual report on the activities of the labour inspection services. Referring to its previous comments, the Committee notes with interest that the Government provided, in its report, information on the number of staff of the labour inspection services, the number of workplaces liable to inspection and the number of workers employed there, the number of inspection visits carried out and the types of violations recorded. While noting that the Government states its awareness of the inadequacy of the statistical data submitted and refers to the difficulty of introducing an information system on labour statistics, the Committee recalls that the annual report on the activities of the inspection services, containing the information listed in Article 21, is a vital tool for evaluating the efficiency of the inspection service and identifying the necessary ways of improving it, especially by making the appropriate budgetary provisions. With a view to publishing such a report, the Committee encourages the Government to ensure, in an initial period, that labour inspectors draw up periodical inspection reports as provided under Article 19, at the level of the departmental labour directorates. It hopes that, on the basis of these reports, the central authority will soon be able to publish an annual report. It also hopes that the Government will ensure, with ILO technical assistance which it intends requesting, that the central authority should follow as closely as possible the guidelines laid down in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), to draw up the annual inspection report. The Government is requested to keep the Office informed of the measures taken for this purpose and the official steps taken to obtain ILO technical assistance.

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The Committee notes with interest the information provided by the Government in its report on the quantitative and qualitative strengthening of labour inspection staff, the improvement of inspection offices and the progressive increase in the budgets allocated to inspection in recent years.

Evaluation and improvement of the coverage of the inspection services in practice. The Committee notes that despite the progress mentioned above, according to the Government, only 181 inspections of workplaces were carried out in 2005, or an average of three inspections by each of the 59 inspection officers. On the other hand, inspectors intervened as mediators to resolve around 2,500 industrial disputes, or an average of 42 mediations by each inspection officer. In the Committee’s opinion, the time devoted to resolving industrial disputes by labour inspectors obviously interferes with the effective discharge of their primary duty of supervision. A reorientation of inspection activities towards supervising conditions of work should lead to a reduction in industrial disputes. Given that no information is available on the number of workplaces liable to inspection and the number of workers employed therein (Article 21, paragraph (c) of the Convention), it is impossible to make any assessment of the effective coverage by labour inspectors and supervisors in relation to the extent of needs with regard to enforcing the legal provisions relating to conditions of work (Article 3, paragraph 1(a)). These basic data are essential in this regard, as are statistics of inspection visits, violations committed and penalties imposed, industrial accidents and occupational diseases (Article 21(d), (e), (f) and (g)). Reminding the Government of its previous comments under Articles 20 and 21 on the usefulness of an annual inspection report, and referring also to paragraphs 331 to 333 of its 2006 General Survey on labour inspection, the Committee is therefore bound to encourage the Government once more to ensure that the central labour inspection authority publishes such a report, the content of which should be based, as far as possible, on the indications provided by Part IV of the Labour Inspection Recommendation, 1947 (No. 81), and to provide a copy to the ILO.

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Also referring to its observation under this Convention, the Committee notes the information sent by the Government in response to its previous comments and the documentation attached thereto. It notes in particular the activity reports of the Mono, Zou and Collines departmental public service and labour directorates for the first quarter of 2004; the activity report of the Ouémé and plateau departmental directorates for February 2004 and Decree No. 2000-644 of 29 December 2000 setting expenses for missions carried out inside the country. It would be grateful if the Government will provide copies of Decrees Nos. 85-375 of 11 December 1985 and 2000-369 of 22 August 2000 establishing the duties, organization and working of the Ministry of the Public Service, Labour and Administrative Reform, and any other legal texts (laws, decrees, orders, circulars, regulations, instructions, etc.) on labour inspection.

Article 4 of the Convention. The Committee would be grateful if the Government would provide a copy of the organization chart of the Labour Inspectorate for the whole of the country.

Articles 6 and 10. The Committee notes that the activity report of the Zou and Collines departmental directorate shows that the labour administration staff is dwindling. It further notes with concern that, according to the Government, the lack of human resources in the labour inspection services is due to the fact that managerial staff from the labour administration are moving to other bodies, where they hope to find better working conditions. While noting that the Government’s statement that it has endeavoured to keep these employees in their posts and for that purpose plans to grant a bonus periodically to public employees in the labour administration, the Committee would like to remind the Government that, as it stressed in paragraph 144 of its General Survey of 1985 on labour inspection, although security of tenure in a permanent administration is the prime guarantee of the independence of labour inspection staff, the efficiency of the inspection service demands levels of remuneration and career prospects that are sufficient to attract and retain high-quality personnel and to safeguard them from any undue influence. The Committee accordingly requests the Government to take all appropriate steps to improve the working conditions of labour inspectors and to strengthen the inspectorate staff, and to report on progress made in this regard.

Article 7, paragraph 3. With reference to its previous comments, the Committee notes with interest that between 1998 and 2003, 24 labour inspectors and 24 labour controllers received continuous vocational training as part of the cooperation provided by the ILO. Noting, however, that the activity report of the Mono departmental directorate shows a lack of technical personnel and of retraining for unskilled personnel, the Committee hopes that the Government will be in a position in its next report to provide information on measures to ensure that inspectorate staff receive periodical training of a kind enabling them to carry out their duties effectively.

Articles 11, paragraph 1, and 16. The Committee notes that in the activity reports of the Mono and Zou departmental public service and labour directorates, mentioned above, the main obstacles to their operation are: lack of suitable premises; insufficient budgetary appropriations for operations and inadequate equipment maintenance funds; heavy dependence on the ministry for some categories of expenditure; no working capital fund; insufficient fuel and no mission expenses for technical staff. Stressing, as it did in paragraph 214 of the abovementioned General Survey, the economic and social value of labour inspection and the social cost of reducing its effectiveness, the Committee points out to the Government that when the national budget is drawn up, the priority assigned to the inspectorate should be commensurate with the objective set for it. It accordingly requests the Government to make available to the inspectorate the financial and material resources it needs to perform its duties effectively, and to provide relevant information.

Article 11, paragraph 2. While noting that Decree No. 2000-644 of 29 December 2000 on domestic mission expenses, the Committee reminds the Government that it is important to have a mechanism for reviewing such expenses to ensure that their value is maintained. It would be grateful if the Government would provide information on any measures taken or envisaged in this respect.

Article 18. The Committee requests the Government to indicate whether measures have been taken to ensure that pecuniary sanctions are kept sufficiently dissuasive regardless of monetary fluctuations, by reviewing their amounts. The Government is therefore requested to provide copies of any relevant texts, and if there are none, to take measures in this respect and inform the Office of them.

Articles 19, 20 and 21. While noting the abovementioned reports of the departmental directorates of the Ministry of the Public Service, Labour and Administrative Reform, the Committee reminds the Government that it is important, in order to achieve the Convention’s objectives, for an annual inspection report to the published, containing information on the subjects listed in (a) to (g) of Article 21, based on the guidelines in Part IV of the Labour Inspection Recommendation, 1947 (No. 81). At national level, access to such document allows all those concerned, particularly employers and workers or their organizations, to find out about the working of the inspection services and the difficulties inspectors may encounter in carrying out their duties, and to elicit their reactions with a view to making any necessary improvements. Furthermore, the purpose of submission of such reports to the Office within the prescribed time limit is to allow the supervisory bodies to ascertain the extent to which the Convention is applied and provide governments with useful guidelines and advice for improvement. The Committee would be grateful if the Government would take all necessary steps to ensure that the central inspection authority discharges its obligation to submit a report, the form and content of which are prescribed in Articles 20 and 21, and in its next report to provide information on any progress made in this respect and on any difficulties encountered.

Labour inspection and child labour. While noting that the Government ratified in 2001 the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), and referring to the general observation it addressed to Members bound by this Convention and by the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee would be grateful if the Government would provide specific information on the role of the inspection services in combating child labour, including under the IPEC programme, and ensure that statistics of child labour in industry and commerce are regularly included in future annual inspection reports.

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The Committee notes with satisfaction from information available at the Office that thanks to technical assistance programme implemented following an institutional diagnosis of the labour administration system, a register of enterprises is now kept in every departmental branch of the labour inspectorate. In the Committee’s view, becoming acquainted with the extent of needs is a decisive step towards the effective working of the inspection services and an evaluation of the extent to which the relevant legislation is applied. It observes in this connection that data on the number of workplaces liable to inspection and the activities carried out in them is essential to assessing the human, financial and logistic resources that are needed to meet the important social objectives of labour inspection. Such data are also useful for setting priorities on the basis of the country’s economic situation and for backing up the annual application to the competent authorities for budgetary resources.

The Committee raises other matters in a request addressed directly to the Government.

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The Committee notes the Government’s first report. It also notes Act No. 98-004 of 27 January 1998 issuing the Labour Code, Act No. 86-013 of 26 February 1986 issuing the general conditions of service of permanent State officials and Order No. 008/MFPTRA/DC/SGM/DTSST of 10 February 2000 respecting the functions of medically qualified labour inspectors. The Committee requests the Government to provide a copy of any text governing the organization, operation and functions of the labour inspectorate.

It would be grateful if the Government would also provide a copy of Decree No. 85-375 of 11 September 1985 and any other text currently in force governing the status and conditions of service of labour inspectors.

Article 7, paragraph 3, and Article 10 of the Convention. According to the Government, training sessions for labour inspectors and supervisors are organized annually, especially in the framework of ILO technical assistance. It indicates, however, that the difficulties in applying the Convention are related to the lack of human resources and the lack of knowledge of labour inspectors in the field of occupational health and safety. The Committee would be grateful if the Government would provide information on any measures adopted or envisaged to improve the capacity of labour inspectors and supervisors in this area to strengthen the staff of the inspection services and on the results achieved.

Article 8. The Committee requests the Government to indicate whether there are any women among the inspection staff and whether they are assigned any special duties.

Article 11. The Committee would be grateful it the Government would provide a copy of Decree No. 2000-644 of 29 December 2000 and of any other text on the arrangements for reimbursing the travel and incidental expenses incurred by labour inspectors and supervisors in the performance of their duties.

Article 16. The Committee requests the Government to provide information on the number of inspections carried out per year and per inspector and the frequency and different types of inspections of the workplaces liable to inspection.

Article 17. Noting that section 271 of the Labour Code authorizes labour inspectors to initiate legal proceedings directly against persons responsible for violations, the Committee requests the Government to indicate whether the legislation envisages exceptions in cases in which previous notice to carry out remedial measures is to be given (paragraph 1) and whether it is left to the discretion of labour inspectors to give warning and advice instead of instituting proceedings (paragraph 2).

Article 18. The Committee requests the Government to provide copies of the decrees and orders envisaged by the provisions of the Labour Code respecting working conditions and the protection of workers while engaged in their work (hours of work, occupational health and safety, social protection).

Article 19. The Government is asked to provide a copy of a number of periodical reports made by the labour inspectors.

Articles 20 and 21. The Committee requests the Government to indicate the measures adopted or envisaged to give effect to these two Articles of the Convention which provide that the central inspection authority shall publish and transmit to the ILO, within the time-limits envisaged in Article 20, an annual general report on the work of the inspection services under its control, containing information on the items set forth in Article 21(a) to (g).