Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 81) sur l'inspection du travail, 1947 - Bénin (Ratification: 2001)

Autre commentaire sur C081

Observation

Demande directe

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

Articles 2, 3(1) and (2), 10, 11 and 16 of the Convention. Coverage of the labour inspection system and the human, financial and material resources of the labour inspection services. The Committee notes with interest the Government’s indication that 20 labour inspectors and 25 labour controllers were recruited during the course of 2012. However, it notes that the difficulties in the application of the Convention referred to by the Government include the insufficiency of inspection staff, the lack of familiarity of inspectors with legal texts and the lack of knowledge of such texts among the social partners.

The Committee refers to the information provided by the Government in its 2011 report, according to which labour inspectors and controllers are entrusted with both inspection assignments and mediation in labour disputes between employers and workers. The Committee reminds the Government of the primary functions of labour inspectors under Article 3(1) of the Convention (enforcement of the legal provisions relating to conditions of work and the protection of workers and advice to employers and workers) and of the guidelines of Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), under the terms of which “The functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee asks the Government to provide information on the time and resources of inspection services spent on mediation in relation to their primary duties as defined in Article 3(1) of the Convention. The Committee hopes that the Government will take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, the duties other than their principal functions entrusted to inspectors do not constitute an obstacle to the discharge of their principal functions and do not prejudice in any way the necessary authority of inspectors in their relations with employers and workers. It requests the Government to provide full particulars in its next report on the measures taken or envisaged in this regard.

The Committee also notes that, according to the Government, the staff of the labour inspection services carried out 185 inspections in 2011 and that the central directorate and the departmental directorates of the Ministry of Labour and the Public Service set the objective for 2011 of carrying out inspections in construction enterprises, hotels, industrial and commercial enterprises, banks, the companies of the Global System for Mobile Communications (GSM) and artisanal workshops. It also notes that the Government has not provided information on the progress made in the establishment of a register of workplaces and enterprises, to which reference was made in its previous report. With reference to its general observation of 2009, the Committee wishes to recall the importance of keeping registers of workplaces and enterprises liable to inspection which contain data on the number and categories of workers employed therein. The Committee therefore requests the Government to continue providing information on any progress achieved in relation to the establishment of a register of workplaces and enterprises. It also requests it to provide detailed information in its next report on the material resources (offices, equipment) and transport facilities available to labour inspection staff for the discharge of their functions, their geographical distribution, and any measures taken for the reimbursement to labour inspectors of any travel costs and incidental expenses necessary for the exercise of their functions, in accordance with Article 11 of the Convention.

Articles 5(a), 17 and 18. Effective cooperation between the labour inspection services and judicial bodies. Legal proceedings and sanctions for violations of the labour legislation. The Committee notes the Government’s indication that it intends to organize meetings to reinforce cooperation between the labour inspection services and judicial bodies. It also notes that, for the discharge of their supervisory functions, a methodological guide is available to labour inspectors and that violation notices are issued when violations are identified. The Committee requests the Government to continue providing information on the meetings with judicial bodies that are planned or have been held, and on any other measure taken to reinforce cooperation between the labour inspection services and judicial bodies, and their impact on the application of the Convention.

The Committee also once again requests the Government to indicate whether, in accordance with Article 17(2) of the Convention, it is left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings when they identify a violation of the legal provisions which are enforceable by them. Please provide copies of violation reports indicating the measures ordered by labour inspectors, as well as detailed statistics on the violations reported and the sanctions imposed.

Article 7(3). Training of labour inspectors. The Committee notes with interest the Government’s indication that two types of training for labour inspectors, one covering the prevention and analysis of occupational risks related to cotton production, and the other on the evaluation of occupational risks in cotton processing factories, have been implemented by the Ministry of Labour and the Public Service with the support of the International Public Interest Group (GIP-INTER). The Government adds that the Ministry of Labour has obtained support from UNICEF Benin for the implementation in August 2012 of training for labour inspectors intended to reinforce their capacity to intervene in formal and informal enterprises to combat child labour. It further notes that a new triennial training plan covering the period 2013–15 was being prepared in September 2012 and that labour inspectors receive further training courses each year from the African Regional Labour Administration Centre (ARLAC). The Committee would be grateful if the Government would continue providing information on the training activities for labour inspectors (for example, the duration, number of participants and subjects covered), and their impact on the application of the Convention. It also requests the Government to provide the Office with a copy of the triennial plan (2013–15) for the training of labour inspectors.