Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection Convention, 1947 (No. 81) - Central African Republic (Ratification: 1964)

Other comments on C081

Observation

Direct Request

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Articles 3(1)(a) and (2), 10, 11 and 16 of the Convention. Enforcement duties of labour inspectors and human and budgetary resources of the labour inspection service. The Committee takes note of the Government’s report, which is virtually identical to the one sent in 2011 under this Convention. In its previous comments, the Committee noted with concern the persistent lack of material resources available to the labour inspection services, in particular suitably equipped premises and transport facilities, and the absence of any specific measures to remedy the situation. The Committee furthermore noted that, in practice, labour inspectors themselves bear the costs incurred in performing their duties. It also noted that out of 53 inspectors, only 18 were assigned to enforcement duties. Lastly, it noted that inspection visits were rare, that inspectors are far away from the workplaces within their remit and that their role remained restricted to the amicable resolution of disputes, a role nonetheless deemed a secondary one by the Government. In the absence of fresh information from the Government, it appears to the Committee that there has been no change in the situation described previously and that the application of the Convention continues to be undermined by the lack of material resources available to the inspection services. While the Government appears to regret the situation, it indicates that no significant steps have been taken. In the light of these observations, the Committee wishes to emphasize that the effective performance of labour inspection duties requires a sufficient number of labour inspectors, as prescribed in Article 10 of the Convention, and the availability of the resources needed to accomplish their tasks and to ensure that their role and the importance of their work is recognized, as provided in Article 11 of the Convention (see General Survey on Labour Inspection, 2006, paragraph 238). Referring to its previous comments, the Committee again invites the Government to avail itself of ILO technical assistance in order to strengthen the resources, organization and functioning of the system of labour inspection, and asks the Government to indicate any measures taken or envisaged for the purpose of seeking the necessary funds, in the framework of bilateral or international financial cooperation, for the material improvement of the labour inspection system. The Committee expresses the firm hope that the Government will be in a position to give an account in its next report of specific measures taken in this regard.

Articles 20 and 21. Annual report on the work of the labour inspectorate. The Committee notes with regret that almost 50 years after the ratification of the Convention, no annual inspection report as required by these Articles of the Convention has been communicated to the Office. It nonetheless notes the information that the Government intends to publish, within a reasonable amount of time, an annual report on the work of the inspection services, in accordance with Article 20 of the Convention, containing the information required under Article 21 of the Convention. The Committee recalls in this regard that an ILO technical memorandum, produced in 2004 following a mission for the diagnosis and evaluation of labour administration services, included in its recommendations the need for company files to be set up using existing statistics files and made available to the services thus allowing the inspection staff to enter the requisite information. Further to its previous requests, the Committee asks the Government to indicate whether measures have been taken, if appropriate with ILO support in the context of technical assistance, to encourage effective cooperation between the labour inspection services and other competent bodies, and to draw up a mapping of workplaces liable to inspection, with register entries indicating at least their geographical location, the branch of activity and the number and categories of workers they employ.

The Committee expresses the firm hope that the Government will do its utmost to ensure that annual inspection reports are published and sent to the ILO within the period set in Article 20 of the Convention, and that they will contain the information set forth in Article 21(a)–(g).

In any event, the Committee asks the Government to provide in its next report information that is as detailed as possible on the number of industrial and commercial establishments that are liable to labour inspection, the number of labour inspectors and controllers (including their specialization, grade and geographical distribution), and the number of inspections carried out and the results thereof (the number of breaches recorded, the legislative or regulatory provisions in question, the penalties applied, etc.).

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