Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Labour Inspection Convention, 1947 (No. 81) - Niger (Ratification: 1979)

Other comments on C081

Observation

Direct Request

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The Committee notes the information provided by the Government on the training provided to labour inspectors, in application of Article 7(3) of the Convention.

Legislation. The Committee notes that the Office was requested to examine the draft of the implementing regulations of the Labour Code. It notes that the Office has communicated its comments on the draft to the Government in 2014, including with regard to labour inspection. The Committee requests the Government to provide information on the steps taken for the adoption of the draft of the implementing regulations of the Labour Code, and to communicate a copy of this text.

Article 3(2). Additional duties entrusted to labour inspectors. In response to the previous questions raised in this regard, the Committee notes the Government’s indication that the conciliation functions entrusted to labour inspectors under the Labour Code take priority over the primary functions of the labour inspector, in view of the limited materiel, human and financial resources of the labour inspection services. However, the Committee also notes the Government’s indications that in view of the recent establishment of a Ministry of Employment, Labour and Social Security, and the reforms that are under way, there is a tendency that this trend will be reversed. The Committee once again reminds the Government of the guidelines of Paragraph 8 of Recommendation No. 81 establishing that “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. Noting the considerable impact of the conciliation duties of labour inspectors on the primary duties of labour inspectors, the Committee hopes that the Government will take all the necessary measures, including in the context of the current reforms, to ensure that, in accordance with Article 3(2) of the Convention, conciliation duties shall not be such as to interfere with the effective discharge of the primary duties of labour inspectors. Please also indicate whether measures have been taken or are envisaged to relieve labour inspectors of conciliation duties and to entrust this function to another body.

Article 4. Organization of the labour inspection system. The Committee notes the Government’s reference to the recently established Ministry of Employment, Labour and Social Security and the current reforms. The Committee requests the Government to provide information concerning these reforms, to the extent that they concern the labour inspection, as well as an organizational chart of the labour inspection services under this Ministry.

Articles 5(a) and (b), 17 and 18. Cooperation between the labour inspection services and judicial bodies. Penalties for violation of the legal provisions and for obstructing labour inspectors. Collaboration between officials of the labour inspectorate and employers and workers. The Committee previously noted that, according to the Government, employers are opposed to controls by labour inspectors, and that section 355 of the Labour Code of 2012 provides for penalties applicable in the event of the obstruction of labour inspectors and controllers.

The Committee notes the Government’s indications that labour inspectors have rarely invoked section 355 of the Labour Code before the judicial authorities, and that therefore no statistical information is available on the action taken as a result of acts of obstruction against labour inspectors and controllers. The Government mentions in this respect that there is a lack of knowledge from the employers of the powers of labour inspectors. The Committee also notes the Government’s indications that efforts are being deployed to improve cooperation between the inspection services and the judicial bodies. The Committee requests the Government to provide information on the concrete measures taken to facilitate effective cooperation between the inspection services and judicial bodies, in compliance with Article 5(a) of the Convention (such as joint training sessions with representatives of the judiciary). In addition, it asks the Government to indicate whether measures have been taken or are envisaged to raise awareness among employers on the role of labour inspectors. Please also provide statistical information relating to the number of violations detected, as well as the relevant number and amount of penalties imposed.