Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 81) sur l'inspection du travail, 1947 - Kenya (Ratification: 1964)

Autre commentaire sur C081

Observation

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Technical assistance. Labour administration and inspection needs assessment. The Committee previously noted that a labour administration and inspection needs assessment was conducted in 2010 by the ILO, following a request for technical assistance by the Government. It noted the Government’s indication that it was studying the recommendations of this audit. The Committee notes the Government’s statement in the present report that, with regard to the recommendations of the 2010 audit, efforts are ongoing to formulate rules and regulations to operationalize some sections of the Employment Act 2007, the Labour Institutions Act 2007 and the Labour Relations Act 2007. The Government indicates that otherwise there are no major developments with regard to the recommendations of the 2010 audit. The Committee asks that the Government pursue and strengthen its efforts to give effect, in law and practice, to the provisions of the Convention, in light of the recommendations made in the 2010 audit, and to continue to provide information on measures taken in this regard.

Articles 3(1), 4 and 5(b) of the Convention. Structure of the labour inspection system, cooperation between inspection services and supervision and control by a central authority. The Committee previously noted the information in the 2010 audit concerning the absence of an individual or a department with oversight responsibility for the various inspection activities, as well as the absence of institutional cooperation between the Labour Department, the Directorate of Occupational Safety and Health Services and the National Social Security Fund. The two inspection systems under the Labour Department and the Directorate of Occupational Safety and Health Services operate independently, with limited cooperation or collaboration. The 2010 audit recommended more effective cooperation between these inspection services to facilitate the exchange of workplace and inspection data and to encourage, where appropriate, the consolidation or sharing of resources, such as offices and transportation. The audit also suggested that the Government should consider placing labour inspection under the responsibility of one chief inspector who would be responsible for the overall coordination of the Ministry of Labour’s inspection services. Noting an absence of information on this point in the Government’s report, the Committee once again asks that the Government take all the necessary measures to ensure the operation of the labour inspection system under the supervision and control of a central authority. It asks that the Government provide information on any measures taken or envisaged to give effect to the above recommendations.

Articles 10, 11 and 16. Human resources and material means of the labour inspectorate and efficiency of inspections. The Committee notes the statement in the Labour Commissioner’s Annual Report of 2012 that understaffing, and in particular the lack of technical officers, (inspectorate staff) has affected the efficient delivery of services. The department has numerous vacancies and, as a result, several of the county labour offices have only one officer or none at all. The Committee also notes the Government’s indication in its report submitted under the Labour Inspection (Agriculture) Convention, 1969 (No. 129), that the civil service is undergoing a reform, and that subsequently, understaffed and under-resourced departments will benefit from the deployment of personnel from overstaffed agencies. The Committee further notes the statement in the Annual Report for 2012–13 of the Directorate of Occupational Safety and Health Services that a major challenge facing field officers is a lack of transport to cover all workplaces within their jurisdiction and low staffing levels. This has resulted in most inspections being undertaken in a limited area that could be reached inexpensively, such as on foot. The Committee asks that the Government make every effort to furnish the labour inspectorate with the resources that it needs to operate effectively. It urges the Government to take measures, including within the framework of the ongoing civil service reforms, to fill vacancies and to ensure that the number of labour inspectors is adequate in relation to the number of workplaces liable to inspection. It also asks that the Government take the necessary measures to ensure that these inspectors are provided with the material means and transport facilities necessary for the performance of their duties.

The Committee is raising other matters in a request addressed directly to the Government.