Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the Government’s first report concerning the application of the Convention, and also the copy of Chapter 34 of the Executive Act of 17 March 1981 concerning the establishment of the Ministry of Labour. Also taking account of the legislative documentation available to the ILO on matters covered by the Convention, the Committee would be grateful, in order to gain a clear picture of the manner in which effect is given to the Convention in both law and practice, if the Government would provide the Office with additional information on the following points.

Articles 1, 4, 5 and 6 of the Convention. Organization and functioning of the labour administration system. The Committee would be grateful if the Government would supply an organization chart of the labour administration system in accordance with the terms of the Convention, describe the functions of each of the bodies of which it is composed and supply details of the manner in which the tasks and responsibilities assigned to the administration system are coordinated. It would also be grateful if the Government would supply a copy of the legislative text establishing the national tripartite committee which was reportedly set up in June 2008, information on any issues brought before that committee and the results of its work in each case, and also a copy of the text on the establishment of the National Wage Committee plus any reports or extracts from reports on the work of the latter.

The Committee requests the Government to supply any available documentation concerning the special projects run, according to the report, by the National Committee of the Working Group against the Trafficking of Persons, the HIV/AIDS section and the National Committee on Child Labour.

Noting the Government’s reference to the creation of a National Employment Office and to technical support from the ILO in October 2008 for the development of an operating strategy for this body, the Committee requests the Government to keep the ILO informed of any developments in this respect and to send copies of any relevant legislative texts or documents.

Article 4. Categories of workers covered by the labour administration. Drawing the Committee’s attention to the exclusion, pursuant to sections 500, 700, 800 and 900 of the Working Practices Act, of several categories of workers, particularly agricultural workers and those working in enterprises occupying fewer than four workers, from its scope of application, the Government points out that the list of excluded workers is being reviewed as part of the reform in progress of the Labour Code, with a view to creating a decent work environment. While strongly encouraging the Government to take the necessary steps to extend the scope of application of its labour legislation to the largest possible number of workers, the Committee would be grateful if it would provide information on all progress made in this respect, and also copies of any relevant legal provisions adopted or being contemplated.

Article 10. Human resources of the system of labour administration. While noting the general information supplied by the Government with regard to the recruitment and training of the staff of the labour administration system, the Committee would be grateful if the Government would supply further details on staff numbers and distribution, by sex and by grade, since the ratification of the Convention.

Part IV of the report form. The Committee would be grateful if the Government would send copies of extracts from any reports or any other periodic information submitted by the main bodies of the labour administration system, particularly those drawn up on a quarterly basis by labour commissioners and those drawn up by labour inspectors which are also referred to in the report.

[The Government is asked to reply in detail to the present comments in 2010.]