Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour Administration Convention, 1978 (No. 150) - Benin (Ratification: 2001)

Other comments on C150

Observation

Direct Request

2014
2010
2004
2003

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Referring to its observation, the Committee wishes to raise the following additional points.

Articles 2 and 9 of the Convention. Labour administration activities entrusted to non-governmental organizations (NGOs). The Committee notes the Government’s indication that, in the area of social protection, labour administration activities have been entrusted to the “Network of mutual community health associations”. In the area of child labour and trafficking of children, they have been entrusted to two NGOs: Associates in Research and Education for Development (ARED) and the “Association for the protection of children in distress” (APEM). In the area of vocational training, they have been entrusted to the “Craftworkers support agency”. Employers’ and workers’ organizations also conduct training activities for their members. The Committee asks the Government to indicate what resources are available to the Ministry of Labour, Public Service, Administrative and Institutional Reform, and Social Dialogue (MTFPRAI-DS), in order to allow the Ministry to verify that, in the context of the activities entrusted to them, these bodies act in accordance with the national legislation and respect the objectives assigned to them.

Articles 5 and 6(2)(c). Labour administration functions in the area of labour relations. The Government explains that the internal regulations of the National Labour Council (CNT) do not provide for setting up a commission on international labour standards within the Council but that the consultation prescribed by these Articles of the Convention is already effective. However, the Government mentions difficulties in the functioning of both the CNT and the National Commission for Occupational Safety and Health, particularly that the four sessions a year stipulated in the Labour Code do not take place on a regular basis. The Government also states that the Directorate of Labour Relations at the MTFPRAI-DS enforces labour legislation in private and semi-public enterprises; examines drafts of internal regulations and also of collective agreements and enterprise agreements submitted by employers; holds training sessions for the social partners; issues work permits; examines employment contracts for expatriates; and prepares CNT meetings. Reminding the Government of the essential roles of employers’ and workers’ organizations in attaining the objectives of economic, social and cultural progress, as recognized in the preamble to the Convention, the Committee asks the Government to ensure that measures are taken to alleviate the difficulties which it mentions, so that these bodies can duly discharge the functions assigned to them. The Committee would also be grateful if the Government would provide information on this matter, and also copies of reports or extracts of reports on the work of these bodies.

Article 10. Labour administration system staff. 1. Status and necessary independence of labour administration system staff. Under section 5 of Decree No. 2008-377 of 24 June 2008 establishing the conditions of employment of public service contract staff, posts that can be occupied by contract staff are divided into four categories, according to grade and qualifications. Under section 2 of Decree No. 85-375 of 11 September 1985 establishing the special regulations of the various labour administration staff corps, category A comprises labour inspectors and labour administrators; category B, labour controllers; category C, labour assistants; and category D, labour clerks. As regards the career prospects of labour administration staff, the Committee noted in its previous comment that, under sections 6, 12, 17, 24 and 29 of Decree No. 85-375, in addition to criteria such as professional knowledge, diligence and efficiency, political convictions are also taken into account in the classification of posts in all categories. The Committee further notes that the analytical study underlying the Strategic Plan 2007–16 relating to the reinforcement of labour administration recognizes that the politicization of the administration, based on political ties, constitutes one of the weaknesses affecting the basic principles of management of public service staff, and does not allow career plans in the public service to be put in place and monitored. The same document highlights the Government’s political will to rehabilitate the public service and confine it to an apolitical role of public service administration and management. The Committee emphasizes, as it did with reference to labour inspectors in paragraph 202 of its 2006 General Survey on labour inspection, that if service and career prospects depend on political considerations, this is contrary to the principle of independence. The Committee therefore requests that the Government provide information on the progress made in the framework of the implementation of the Strategic Plan 2007–16 so as to guarantee the independence of labour administration from any improper external influences. It further asks the Government to send a copy of any legislative text adopted towards this end.

2. Staff recruitment. As regards progress made in the context of the Strategic Plan 2007–16 relating to the reinforcement of labour administration and its human resources, the Committee welcomes the fact that, according to the Government’s indications, 20 labour inspectors were recruited in 2012 and 25 labour controllers in 2013. However, the Government further indicates that, as at 31 December 2013, labour administration staff comprised 17 labour administrators, 43 labour inspectors, and two occupational physicians. However, the Committee also notes that the Government indicates that at the same date, there were 23 labour controllers (and not 25). The Committee asks the Government to continue supplying information on the numbers and status of staff and to specify the respective numbers of permanent employees and contract workers in labour administration in the public service.

Application in practice. The Committee notes the Government’s indication that the problem of coordinating the various labour administration bodies, which was raised in the previous report, persists. It also notes the information sent regarding actions for combating sexually transmitted infections (STIs) and HIV/AIDS and for protecting and integrating persons with disabilities. In particular, it notes the adoption of the national policy for the protection and integration of persons with disabilities and the preparation and submission to the Supreme Court, for its opinion, of the Bill concerning the protection and promotion of the rights of persons with disabilities, and actions for the promotion of women, including implementation of the intermediate support programme for income-generating activities for women. The Committee further notes the initial training of specialists in occupational medicine at the Faculty of Health Sciences. The Committee reminds the Government of the possibility of availing itself of ILO technical assistance so as to develop conditions conducive to the establishment of an efficient administration system, such as provided for in the Convention. It also asks the Government to continue supplying information on the manner in which the Convention is applied in practice.