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

Convention (n° 81) sur l'inspection du travail, 1947 - Sénégal (Ratification: 1962)

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.

Technical assistance. Noting that the Government has indicated its desire to receive ILO technical assistance, the Committee invites the Government to make a formal request to the Office and asks it to provide information on any developments in this regard.

Article 6 of the Convention. Status and conditions of service of labour inspectors. The Committee notes that, according to the Government, labour inspectors and controllers are governed by the conditions of service set forth in Decree No. 77-884 of 10 October 1977. It also notes that the commitments to review the conditions of service of labour inspectors include, inter alia, the strengthening of the legal powers of labour inspectors and controllers and the definition and implementation of a coherent policy on their career prospects. The Government also refers to the adjustment of the professional allowance provided to labour and social security inspectors. The Committee requests the Government to continue to keep the Office informed of any progress made in the revision of the conditions of service of labour inspectors and to send copies of any relevant texts or reports.

Article 9. Collaboration of technical experts and specialists. Noting that, according to the Government, the measures taken for the implementation of medical labour inspection are being examined by the General Directorate of Labour, the Committee requests the Government to continue to keep the Office informed of any progress made or difficulties encountered in this regard.

Articles 10, 11 and 16. Human and material resources of the inspection system and inspection visits. The Committee notes that, according to the Government, the labour inspection staff is currently composed of 60 inspectors and 59 controllers countrywide. In addition, the Government affirms that even if inspection services have a premises and vehicles and inspectors receive reimbursement for travel expenses, the labour inspection services are still in need of staff and material resources to carry out inspections. The Committee requests the Government to supply information on the number of inspections carried out, disaggregated by type of inspection and sector, and to indicate any measure taken to provide the labour inspection services with the necessary means to discharge their functions.

Articles 18 and 21(e). Adequacy and enforcement of penalties for violations of the legal provisions relating to the matters covered by the Convention. The Committee notes that, according to the Government, the violation of legal provisions relating to the matters covered by the Convention is sanctioned under sections L.278 et seq. of Act No. 97-17 of 1 December 1997 issuing the Labour Code. The Government also indicates that consideration is being given to the revision of the amounts of penalties for offences for which the police have responsibility. The Committee once again requests the Government to provide detailed data on the violations recorded, penalties imposed and their impact on the level of enforcement of the legislation and the occupational health and safety requirements. It also requests the Government to keep the Office informed of the progress made in the revision of the amounts of penalties for offences which are the responsibility of the police.

Articles 10, 20 and 21. Statistics of workplaces liable to inspection and the annual inspection report. The Committee notes the Government’s indication that a new Order, No. 11514 of 11 December 2009/MFPTEOP/DTSS, has been adopted to create and update a “register of employers”. The Committee further notes that, according to the Government, the inspection services submit periodic reports on the results of their activities to the central authority and that the Directorate for Labour Statistics and Studies bases its annual report on this information. The Committee notes, however, that the annual report on labour inspection has not been received. The Committee requests the Government to send any available information following the creation and renewal of the register of employers, and in particular the number, activities and geographical distribution of the industrial and commercial establishments liable to inspection by the labour inspection services; the number and categories of workers employed therein, as well as any other information necessary for evaluation by the competent authority of the needs of the labour inspection services and the determination of priorities for action. The Committee further requests the Government to provide a copy of the annual inspection report in the format and the time frame set out in Article 20 and containing information on each of the subjects covered by Article 21.