Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Labour Inspection Convention, 1947 (No. 81) - Benin (Ratification: 2001)

Other comments on C081

Observation

Direct Request

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Article 3(1) and (2) of the Convention. Primary duties of the labour inspectorate. Mediation. In reply to the Committee’s previous comments, the Government indicates in its report that mediation duties continue to occupy the greater part of the labour inspectors’ time, to the detriment of their primary duties. In this regard, the Committee notes that the Government envisages addressing this matter within the framework of the National Labour Policy currently under adoption. The Committee notes from the report on labour statistics, that the Government indicates that in 2020, a total of 1,669 complaints were registered, against 1,391 in 2019, amounting to an increase of 19.99 per cent. According to the Government, the large majority of these are individual complaints (75.43 per cent). Nevertheless, the number of collective complaints increased by 20.39 per cent, from 335 cases in 2019 to 410 in 2020. The Committee recalls once again that, under Article 3(2) of the Convention, where further duties are entrusted to labour inspectors, they must not interfere with the discharge of the primary duties. In its General Survey on Labour Inspection, 2006, the Committee recalled the importance of avoiding overburdening inspectorates with tasks, which by their nature may in certain countries be understood as incompatible with their primary function of enforcing legal provisions (paragraph 72). The Committee requests the Government to provide information on the manner in which it envisages addressing the question within the framework of the National Labour Policy and to provide details on any progress achieved in this respect. The Committee also requests the Government to continue to provide detailed information on the number of labour inspectors and the proportion of time and resources that they devote to mediation as compared with their primary functions.

Article 5(a). Effective cooperation between the labour inspection services and the judicial authorities. The Committee notes the Government’s indication that the question of cooperation between the labour inspection services and the judicial authorities has not evolved due to the absence of a formal concertation framework between the two public institutions. The Committee also notes that the Decent Work Country Programme (DWCP) 2022-2024 indicates an absence of coordination and synergy between the labour inspection services and the National Social Security Fund’s (CNSS) prevention of occupational hazards service, hampering effective prevention of industrial accidents. The Committee once again requests the Government to make all efforts to ensure that: (i) a formal framework is put in place to allow concertation between the labour inspection and the other services; and (ii) effective coordination between the labour inspection services and the CNSS prevention of occupational hazards service is established, with a view to improving the prevention and management of hazards and industrial accidents. The Committee notes the Government’s request for ILO technical assistance and expresses the hope that this assistance will be provided in the near future.

Article 7(3). Training of labour inspectors. The Committee notes the Government’s indication that 11 labour inspectors, who had been included in the staff training plan for 2013-2015, followed a second cycle training programme at the National School of Administration and the Judiciary (ENAM) and obtained the Labour Officers’ Diploma. It also notes, according to the staff training plan for 2015-2018, that four labour inspectors were selected to follow the same programme, but due to staff shortages the second cycle of the Labour Administration and Social Security Branch (ATTS) of the ENAM was unable to open to continue training labour inspectors. In this regard, the Committee notes the Government’s request for ILO technical assistance to draw up a continuous training plan for Benin’s labour inspectors. The Committee also notes the Government’s indication that each year two labour inspectors take part in a complementary practical training course provided by the African Regional Labour Administration Centre (CRADAT) at Yaoundé in Cameroon. The Committee also notes that according to the DWCP 2022-2024, the inspectors’ lack of specialization in occupational safety and health is resulting in ineffective monitoring, leading to an increased number of industrial accidents. The Committee requests the Government to continue its efforts in the formulation of a continuous training plan for labour inspectors including training in occupational safety and health. The Committee notes the Government’s request for ILO technical assistance and expresses the hope that this assistance will be provided in the near future.

Article 10, 11 and 16. Material means for the labour inspectorate, including transport facilities. The Committee notes with interest the progress indicated by the Government in improving the working conditions of labour inspectors, including: (i) the creation in 2020 of six new departmental labour directorates, meaning that currently each of the 12 departments in the country has a regional labour directorate at its disposal; (ii) the relocation of the General Labour Directorate to a new site in 2020, providing better working conditions for staff; (iii) the provision of a vehicle for inspection visits in each departmental labour directorate; (iv) the provision of individual personal protective equipment for the inspection services in 2021; and (vi) the project to recruit labour administration staff. The Committee also notes that the staff of the labour inspection service at present includes 23 labour controllers, 16 administrators, 27 inspectors and one occupational doctor. The Committee requests the Government to continue to provide information on the progress achieved in improving the material means placed at the disposal of inspectors to allow them to discharge their duties effectively. The Committee also requests the Government to provide information on the progress achieved in the implementation of the project to recruit labour administration staff, including labour inspectors.

Articles 17 and 18. Legal proceedings and penalties for violations of the labour legislation.Noting the absence of information in this respect, the Committee requests the Government to provide information on the measures envisaged to ensure that labour inspectors have the discretion to give warning or advice, or to institute or recommend proceedings.

Articles 20 and 21. Inspection reports. The Committee notes with interest the publication by the Ministry of Labour and Public Service of annual reports on labour statistics since 2017, which contain: (i) statistics on the staff of the labour inspection service (Article 21(b)); and (ii) statistics of inspection visits (Article 21(d)). The Committee also notes the Government’s indication that a national register of workplaces is foreseen for 2023. The Committee encourages the Government to continue its efforts to: (i) guarantee the publication of an annual report on the activities of the labour administration; (ii) take steps to ensure that the report contains all the information envisaged under Article 21 of the Convention; and (iii) ensure that the report is transmitted to the Office in the form and within the time limits provided under Article 20. The Committee also requests the Government to provide information on the progress achieved in establishing the register of workplaces.