Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Labour Inspection Convention, 1947 (No. 81) - Sudan (Ratification: 1970)

Other comments on C081

Observation

Direct Request

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Labour law reform. The Committee notes that the Government has received ILO technical assistance in the context of its ongoing reform of its labour legislation, and that a draft new Labour Code was under preparation. The Committee requests the Government to take into account the points raised below, in the context of the ongoing reform process, in order to ensure the full conformity of the legislation with the Convention.

Article 5(a) of the Convention. Effective cooperation between the inspection services and the judicial system. The Committee notes the information provided by the Government, in reply to its previous comments, regarding the number of unresolved collective and individual disputes referred to the judicial authorities by the labour inspection services and the number of cases dealt with by the courts in the State of Khartoum. The Committee requests the Government to provide information, for all jurisdictions, on the number of cases referred to the judicial authorities by the labour inspectorate, the number of cases dealt with by the courts, the outcome of the cases referred (acquittal, fines, including amounts, or prison sentences), and the legal provisions to which they relate (distinguishing these cases from those brought by workers themselves). It also requests the Government to provide information on any measures taken to promote effective collaboration between the labour inspectorate and the judicial system (including with regard to the exchange of information on the outcome of cases referred to courts).

Article 7(3). Adequate training for labour inspectors for the performance of their duties. The Committee takes due note of the Government’s indication that the General Inspectorate took concrete steps to identify training needs in labour offices in the 18 states with a view towards the implementation of an integrated training programme. The Committee requests the Government to provide information on the measures taken to implement an integrated training programme for labour inspectors following its consultation with the states, including the frequency of training sessions, the subjects covered, the number of attendees, and impact of any training implemented.

Articles 12(1) and 15(c). Unannounced inspection visits and confidentiality of the source of any complaint. The Committee notes the Government’s indication that labour inspection visits may be arranged at the request of an employer, a trade union, or a majority of workers in firms where there is no union. However, under the terms of Article 15(c) of the Convention, labour inspectors shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, and shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. In this respect, the Committee draws the Government’s attention to its 2006 General Survey, Labour inspection, paragraph 236, indicating that compliance with this obligation is a prerequisite for the effectiveness of labour inspection, and that without confidentiality, workers might hesitate to turn to the labour inspectorate through fear of reprisals. Recalling the importance of confidentiality particularly for the protection of workers from reprisals, the Committee requests the Government to indicate whether it is possible for an individual worker to submit a confidential complaint to the labour inspectorate, and if not, to take the necessary measures to ensure that an inspection can be undertaken in such circumstances. Noting the Government’s reference to the periodic programme of inspection visits, the Committee further requests the Government to provide information on whether any of these visits include unannounced inspection visits, and if so, to provide information on the number of unannounced inspection visits undertaken and the results of such visits including violations found and the nature of any penalties issued.