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Repetition Articles 1, 4, 5, 6 and 8 of the Convention. Structure and operation of the administration system. The Committee notes the information provided by the Government concerning the structure and competencies of the Ministry of Labour and Social Security. The Committee also notes the Government’s indications concerning the composition and competencies of the Technical Advisory Committee on international labour standards. The Committee requests the Government to provide the ILO in its next report with a copy of Decree No. 2009-469 of 24 December 2009 establishing the structure of the Ministry of Labour and Social Security (Articles 1, 4, 5 and 6). The Government is also requested to provide further information on the composition of the Technical Advisory Committee on international labour standards, and also to supply any document or report on the issues which gave rise to the consultations within this body (Article 8). Article 10. Status, material means and financial resources necessary for the effective performance of duties by staff. The Government indicates that it has opted for a review of the General Public Service Regulations, and that the draft regulations for the various branches of the public administration will be examined by the ministries responsible for the public service and for state reform and by the Ministry of Finance. While noting this information, the Committee requests the Government to keep the ILO informed of any developments on this matter and to send copies of the General Public Service Regulations, and also of the regulations for the various branches of the Ministry of Labour and Social Security, once they have been adopted (Article 10 of the Convention). Financial resources for meeting the obligations of the Convention. In reply to the Committee’s previous comments, the Government indicates that it is aware of the role and importance of the labour administration, and that it intends to do everything possible to avail itself of cooperation from the ILO and any other body or institution ready to contribute towards strengthening the capacities of its departments and of the staff in the labour administration branch. However, the Committee notes that the Government’s report does not contain any information on any specific measures taken by the Government to acquire greater financial assistance in the context of international cooperation, with a view to establishing a progressive process for meeting the needs in terms of human resources, materials and logistics for discharging the duties of the labour administration, as defined by Article 6. The Committee requests the Government to send a copy of the memorandum referred to in its report and to keep it informed, if applicable, of any measures taken to acquire greater financial assistance in the context of international cooperation. It also requests the Government to indicate any measures taken or contemplated with a view to the application in law and in practice of the provisions of the Convention and to send a copy of any relevant legal texts.
Repetition Articles 1, 4, 5, 6 and 8 of the Convention. Structure and operation of the administration system. The Committee notes the information provided by the Government concerning the structure and competencies of the Ministry of Labour and Social Security. However, it notes that the copy of Decree No. 2009-469 of 24 December 2009 establishing the structure of this Ministry is not attached to the report. The Committee also notes the Government’s indications concerning the composition and competencies of the Technical Advisory Committee on international labour standards. The Committee requests the Government to provide the ILO in its next report with a copy of Decree No. 2009-469 of 24 December 2009 establishing the structure of the Ministry of Labour and Social Security (Articles 1, 4, 5 and 6). The Government is also requested to provide further information on the composition of the Technical Advisory Committee on international labour standards, and also to supply any document or report on the issues which gave rise to the consultations within this body (Article 8).Article 10. Status, material means and financial resources necessary for the effective performance of duties by staff. The Government indicates that it has opted for a review of the General Public Service Regulations, and that the draft regulations for the various branches of the public administration will be examined by the ministries responsible for the public service and for state reform and by the Ministry of Finance. While noting this information, the Committee requests the Government to keep the ILO informed of any developments on this matter and to send copies of the General Public Service Regulations, and also of the regulations for the various branches of the Ministry of Labour and Social Security, once they have been adopted (Article 10 of the Convention). Financial resources for meeting the obligations of the Convention. In reply to the Committee’s previous comments, the Government indicates that it is aware of the role and importance of the labour administration, and that it intends to do everything possible to avail itself of cooperation from the ILO and any other body or institution ready to contribute towards strengthening the capacities of its departments and of the staff in the labour administration branch. However, the Committee notes that the Government’s report does not contain any information on any specific measures taken by the Government to acquire greater financial assistance in the context of international cooperation, with a view to establishing a progressive process for meeting the needs in terms of human resources, materials and logistics for discharging the duties of the labour administration, as defined by Article 6. The Committee requests the Government to send a copy of the memorandum referred to in its report and to keep it informed, if applicable, of any measures taken to acquire greater financial assistance in the context of international cooperation. It also requests the Government to indicate any measures taken or contemplated with a view to the application in law and in practice of the provisions of the Convention and to send a copy of any relevant legal texts.
Repetition Articles 1, 4, 5, 6 and 8 of the Convention. Structure and operation of the administration system. The Committee notes the information provided by the Government concerning the structure and competencies of the Ministry of Labour and Social Security. However, it notes that the copy of Decree No. 2009-469 of 24 December 2009 establishing the structure of this Ministry is not attached to the report. The Committee also notes the Government’s indications concerning the composition and competencies of the Technical Advisory Committee on international labour standards. The Committee requests the Government to provide the ILO in its next report with a copy of Decree No. 2009-469 of 24 December 2009 establishing the structure of the Ministry of Labour and Social Security (Articles 1, 4, 5 and 6). The Government is also requested to provide further information on the composition of the Technical Advisory Committee on international labour standards, and also to supply any document or report on the issues which gave rise to the consultations within this body (Article 8).Article 10. Status, material means and financial resources necessary for the effective performance of duties by staff. The Government indicates that it has opted for a review of the General Public Service Regulations, and that the draft regulations for the various branches of the public administration will be examined by the ministries responsible for the public service and for state reform and by the Ministry of Finance. While noting this information, the Committee requests the Government to keep the ILO informed of any developments on this matter and to send copies of the General Public Service Regulations, and also of the regulations for the various branches of the Ministry of Labour and Social Security, once they have been adopted (Article 10 of the Convention). Part V of the report form. Financial resources for meeting the obligations of the Convention. In reply to the Committee’s previous comments, the Government indicates that it is aware of the role and importance of the labour administration, and that it intends to do everything possible to avail itself of cooperation from the ILO and any other body or institution ready to contribute towards strengthening the capacities of its departments and of the staff in the labour administration branch. However, the Committee notes that the Government’s report does not contain any information on any specific measures taken by the Government to acquire greater financial assistance in the context of international cooperation, with a view to establishing a progressive process for meeting the needs in terms of human resources, materials and logistics for discharging the duties of the labour administration, as defined by Article 6. The Committee requests the Government to send a copy of the memorandum referred to in its report and to keep it informed, if applicable, of any measures taken to acquire greater financial assistance in the context of international cooperation. It also requests the Government to indicate any measures taken or contemplated with a view to the application in law and in practice of the provisions of the Convention and to send a copy of any relevant legal texts.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
With reference to its previous comments, the Committee takes note of the Government’s report. It notes Decree No. 2003‑219 of 21 August 2003 to organize the Ministry of Labour, Employment and Social Security, and Decree No. 2000-29 of 17 March 2000 on the composition of the National Technical Committee on occupational safety and health and occupational risk prevention.
1. Financial obstacles to the implementation of the Convention. The Committee notes that, although financial constraints have prevented adoption of special regulations for the management and staff of the labour administration and any meetings of the abovementioned Technical Committee, the Government welcomes the benefits drawn from the technical seminars organized with support from the ILO and the African Regional Centre for Labour Administration (CRADAT), and would like this type of training to be continued.
2. Organization and working of the administration system. The Committee would be grateful if the Government would provide further information on the current working of the labour administration system; provide a copy of the Decree setting out the powers of the new Ministry; indicate the number, types and terms of reference of any tripartite consultative bodies reporting to the Ministry; describe the bodies comprising the Ministry both at central level and in external departments; indicate any other bodies accountable to the Ministry; provide copies of any legal texts, reports or other documents pertaining to the composition, terms of reference and working of the bodies comprising the labour administration system (Articles 1, 4, 5 and 6).
The Government is requested also to provide information on the composition of the Technical Advisory Committee on international labour standards and all the matters on which consultations were held in the Technical Committee (Article 8).
3. Financial resources for meeting the obligations of the Convention. Noting with concern that the working of the labour administration is still severely affected by a lack of resources and that, despite technical assistance from the ILO, no new resources have been assigned to it, the Committee requests the Government to consider seeking further financial assistance through international cooperation with a view gradually to covering the human, material and logistical resources the labour administration needs in order to carry out its functions, as defined in Article 6. It would be grateful if the Government would keep the Office informed of any steps taken to this end and on any measures taken or envisaged to apply the provisions of the Convention in law and in practice, and to provide copies of any relevant texts.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
Financial obstacles to the implementation of the Convention. The Committee notes that, although financial constraints have prevented adoption of special regulations for the management and staff of the labour administration and any meetings of the abovementioned Technical Committee, the Government welcomes the benefits drawn from the technical seminars organized with support from the ILO and the African Regional Centre for Labour Administration (CRADAT), and would like this type of training to be continued.
Organization and working of the administration system. The Committee would be grateful if the Government would provide further information on the current working of the labour administration system; provide a copy of the Decree setting out the powers of the new Ministry; indicate the number, types and terms of reference of any tripartite consultative bodies reporting to the Ministry; describe the bodies comprising the Ministry both at central level and in external departments; indicate any other bodies accountable to the Ministry; provide copies of any legal texts, reports or other documents pertaining to the composition, terms of reference and working of the bodies comprising the labour administration system (Articles 1, 4, 5 and 6).
Financial resources for meeting the obligations of the Convention. Noting with concern that the working of the labour administration is still severely affected by a lack of resources and that, despite technical assistance from the ILO, no new resources have been assigned to it, the Committee requests the Government to consider seeking further financial assistance through international cooperation with a view gradually to covering the human, material and logistical resources the labour administration needs in order to carry out its functions, as defined in Article 6. It would be grateful if the Government would keep the Office informed of any steps taken to this end and on any measures taken or envisaged to apply the provisions of the Convention in law and in practice, and to provide copies of any relevant texts.
With reference to its previous comments, the Committee takes note of the Government’s report. It notes Decree No. 2003-219 of 21 August 2003 to organize the Ministry of Labour, Employment and Social Security, and Decree No. 2000-29 of 17 March 2000 on the composition of the National Technical Committee on occupational safety and health and occupational risk prevention.
The Committee notes the Government’s reports for the period ending in September 1999, and the documents attached thereto.
The Committee takes note of Decree No. 92-178 of 16 May 1992 establishing the attributions of the Ministry of Employment, Labour, Social Action and National Solidarity as the body responsible for devising and executing state policy on employment, labour, social action and national solidarity and for the organization of public services and establishments. It notes with interest that the above Ministry is responsible for guiding the education services in their vocational and technical training policy in order to match training and employment needs, for organizing and supervising the employment market and for providing vocational training for adults, and retraining and further training for state workers and employees. It is also in charge of organizing and promoting social action to benefit all strata of Congolese society, initiating all kinds of measures to promote employment, vocational training, work, social action and national solidarity, the various functions being distributed between the central directorates. The Committee notes that the Decree also provides for the adoption of specific texts concerning the various bodies under the Ministry’s control.
In its report for 1995, the Government indicated that the practical difficulties encountered in applying the Convention were for the most part linked to the economic and financial situation, and exacerbated by the requirements of structural adjustment which are affecting the resources of the labour administration. In the same report, in reply to the Committee’s comments on the application of Article 10, the Government stated that, owing to these constraints, it was not planning to adopt specific statutes which would have the effect of increasing state expenditure, and indicated that there would be severe cuts in labour administration staff pursuant to texts establishing the removal from office of certain public service employees. The Committee also notes from an activities report of the Niari regional labour directorate for 1994, sent by the Government, that owing to the economic and financial situation "the budgets for operating services exist only on paper", and that some subsidies were paid sporadically and were used mainly to purchase essential office equipment. According to the same report, there is a serious lack of office equipment, premises are rundown and vehicles are non-existent.
The Committee takes note of Act No. 8-96 of 6 March 1996 to amend the Labour Code. Section 131 of the Act provides among other things for a National Technical Commission for Health, Safety and the Prevention of Occupational Risks, to be composed of representatives of the Government, employers and workers as well as qualified experts. The Act also provides for a decree to be issued establishing the composition and operation of the said commission. According to section 145, workers and their families are to have daily access to a medical service and, under section 156-2, the labour inspector is to be assisted by the medical labour inspector in the supervision of legislative or regulatory prescriptions concerning occupational health and medicine in enterprises. The Committee also notes that, according to section 170, the National Labour Advisory Commission, which is tripartite, may call, for consultation purposes, on public servants or persons with economic, medical, social and ethnographic qualifications. The same provision states that a decree will establish the membership and requirements for the organization and operation of the commission. Section 173 provides that in every enterprise employing seven or more workers, personnel representatives must be elected and that an order will establish the amount of working time accorded to representatives to carry out their duties, the resources to be made available to them and the conditions in which they will be heard by the employer or his representative.
The practical implementation of the legislative provisions thus adopted to organize a cohesive and coordinated administration system and to provide services that ensure optimum labour market and working conditions necessarily implies that human resources and material and financial means must be made available to the abovementioned Ministry when decisions are taken regarding the annual budget. In view of the economic and financial situation referred to by the Government and the obstacles to the recruitment of public servants arising out of structural adjustment, the Committee asks the Government to indicate the measures taken under the abovementioned texts, to provide copies of any relevant documents and to indicate how it plans to attain the objectives it has set itself regarding labour administration.
The Committee takes due note of the information supplied by the Government concerning the technical assistance activities carried out by the ILO with cooperation from the UNDP and other donors to reorganize and streamline some labour administration services as part of the programme being implemented to develop the private sector and promote SMEs. The Committee also notes the ILO’s technical assistance activities for the organization, financial analysis and actuarial evaluation for the reform of the National Social Security Fund, and the reorganization of employment management to set up suitable vocational training facilities as well as structures for assistance, advice and financing. The Committee would be grateful if the Government would supply information on the development of these activities and the results obtained, and in particular on the establishment of the logistical support group announced in the 1995 report which was to provide the labour administration with assistance in operating the National Labour Advisory Commission.
In its 1999 report, the Government indicates that two seminars on the prevention of occupational risks and the management of industrial relations and social conflicts were organized under the aegis of the ILO and the African Regional Centre for Labour Administration (CRADAT) for labour administrators and chief labour inspectors. The Government is asked to provide particulars of the practical impact of these seminars.
Article 10 of the Convention. The Committee notes the Government's reply to its previous comments that specific rules governing labour administration staff are still in the process of being drafted. It hopes the next report will include further details, as well as a copy of Act No. 021/89 of 14 November 1989, not received by the Office.
The Committee notes with interest the information provided by the Government in reply to its earlier comments.
Article 10 of the Convention. Please provide a copy of Act No. 021/89 of 14 November 1989 concerning reform of the General Orders of the Civil Service, which was not attached to the Government's report, as well as, in due course, the specific rules governing labour administration staff which are currently being considered.
The Committee notes the information provided by the Government in reply to its previous comments and requests that further information be provided on the following points:
Article 5, paragraph 2, of the Convention. Please include in future reports available information as to what measures have been taken at the regional and local levels and in different sectors of economic activity to ensure consultation, co-operation and negotiation between the public authorities and the employers' and workers' organisations.
Article 9. The Committee notes that the Government indicated in its first report that parastatal bodies are charged with certain functions in the field of labour administration. Please provide detailed information on the operation of these agencies and on the means available to the Ministry of Labour to ascertain whether these agencies are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them.
Article 10. Please send a copy of Law 15/62 of 3 February 1962 concerning the General Orders of the Civil Service with the next report. If specific rules have been adopted for labour administration staff, the Committee would be grateful if the Government would provide a copy of them.
Please provide copies of Law 22/88 of 17 September 1988 which amended Law 1/86 of 22 February 1986, as well as Law 3/85 of 14 February 1985 concerning creation of the National Office of Employment and Manpower, all of which were mentioned in the Government's report but not sent with the report.
The Committee takes note of the information supplied by the Government in its first report. It would be grateful if the Government would furnish the following with its next report:
1.the legislative texts currently in force governing the organisation and operation of the General Labour Directorate and the Regional Labour Directorates, and of the General Directorate and Regional Offices of the National Employment and Manpower Office;
2.information on the organisation and practical results of the work of the labour inspection services;
3.additional information on the application of the following Articles of the Convention:
Article 5, paragraph 2, of the Convention. Please state whether measures have been taken at the regional and local levels and in different sectors of economic activity to ensure consultation, co-operation and negotiation between the public authorities and the employers' and workers' organisations.
Article 9. Please provide detailed information on the operation of parastatal agencies that are responsible for labour administration activities, and on the means available to the Ministry of Labour to ascertain whether these agencies are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them.
Article 10. Please indicate the provisions governing the status of public employees and, where appropriate, provide a copy of them. Should specific rules be adopted for labour administration staff, the Committee would be grateful if the Government would provide a copy of them. Furthermore, the Committee notes that the difficulties encountered in applying the Convention are largely due to the inadequate material means and financial resources available to labour administration staff, and requests the Government to provide detailed information on the measures it envisages taking to enable such staff to perform their duties effectively.