Observación (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Repetition

The Committee notes the adoption of Act No. 09-004 of 29 January 2009 establishing the Labour Code chapter II of which concerns labour inspection and gives effect to many provisions of the Convention.

Articles 3(2), 10, 11 and 16 of the Convention. Duties of labour inspectors and human and budgetary resources of the labour inspection service. The Committee notes that, according to the Government’s report, the application of the Convention poses a problem in so far as the resources which should be available to labour inspectors for the performance of their duties are mostly lacking. Notwithstanding section 319(2) of the Labour Code, under the terms of which labour inspection services must have premises that are suited to their needs, the Government states that no significant measures have actually been adopted to this end. In particular, some offices lack even the most essential items, namely, doors, lights, chairs and tables, and are inaccessible when it rains because of flooding. Furthermore, according to the Government’s report, no transport facilities have been established for inspectors since the ratification of the Convention and, apart from the transport expenses which they cover in the course of their duties, labour inspectors themselves pay the costs of communications, reprographics, printing, etc., necessary for the performance of their duties. The Government also states that out of the 53 inspectors, only 18 are assigned to enforcement duties. Some inspectors and controllers who were recruited in 2010 and 2011 are engaged in internships within the technical departments.

The Committee notes with concern the description that the Government has made of the situation faced by the labour inspection services, both from the point of view of human resources and material means. The Committee notes that the Government has not provided the information requested on any steps taken to obtain the technical assistance of the Office and to seek resources through international financial cooperation to improve on this situation.

The Committee urges once again the Government to avail itself of ILO technical assistance, including in order to obtain support in its search for the necessary funds in the framework of international cooperation, with a view to the progressive establishment of a labour inspection system which meets the requirements of the Convention. It requests the Government to provide information on any formal step taken to this end.