Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 81) sur l'inspection du travail, 1947 - Tchad (Ratification: 1965)

Autre commentaire sur C081

Observation

Demande directe

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The Committee notes the observations of the Free Confederation of Workers of Chad (CLTT) communicated with the Government’s report.

The Committee notes the information provided by the Government in its report concerning Article 4 of the Convention, according to which both the General Directorate of Labour Administration and the Directorate of Labour serve as the central inspection authority.

Articles 3(1), 10, 11, 16 and 24 of the Convention. Labour inspection staff, material means of the labour inspectorate and labour inspections. In its previous comments, the Committee requested that the Government provide information on the measures taken to strengthen the human and material resources of the labour inspectorate. The Committee notes the CLTT’s indication in its observations that the provisions giving effect to the Convention are only partially applied, particularly because in some enterprises labour inspections are not carried out for years.

The Government indicates that each region has a labour inspectorate, with the exception of the northern regions (Borkou, Ennedi and Tibesti), due to the climate and the almost total absence of enterprises. Inspection activities in these regions are nevertheless carried out by labour inspectorates from the central and eastern parts of the country. In the view of the Government, the number of inspection staff is insufficient. However, the Government indicates that labour inspectors and controllers have offices that are suitably equipped for their needs and accessible to all those concerned. With regard to transport facilities, the Government specifies that the last allocation of two-wheel motor vehicles was in 2009, and that labour inspectors and controllers sometimes have to use their own means of transport to ensure the proper discharge of their duties. The Government adds that inspections are carried out in practice, but that it is not able to provide details on the manner in which they are conducted. It also expresses a willingness to make efforts to provide technical equipment and vehicles for the labour inspection services. The Committee requests the Government to take measures to assess the number of labour inspectors needed, taking into account the criteria established in Article 10, so that workplaces can be inspected as often and as thoroughly as necessary. It also requests the Government to provide information on the number of vehicles available to labour inspectors and their geographical distribution, and on all measures taken or envisaged to ensure a sufficient number of inspectors for the effective discharge of labour inspection duties.

Article 3(2). Duties entrusted to labour inspectors for the settlement of labour disputes. In its previous comments, the Committee requested the Government take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, any further duties entrusted to inspectors did not interfere with their primary duties, or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Government indicates that the labour inspection services spend more time and resources on conciliation than on the performance of their primary duties. In this regard, referring to sections 72–74 of its 2006 General Survey on labour inspection, the Committee considers that the time spent on this function may be detrimental to the performance of their primary duties, as defined in Article 3(1) of the Convention, particularly in a context in which resources are limited. It also draws the Government’s attention to the guidance provided in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee therefore encourages the Government to take the necessary measures so that labour inspectors are relieved, in law and practice, of the conciliation duties entrusted to them, to ensure that they can devote themselves fully to the discharge of duties such as those set out in Article 3(1) of the Convention.

Article 5(a). Effective cooperation between the inspection services and the judiciary. In its previous comments, the Committee requested the Government to provide information on all steps taken or envisaged to improve cooperation with the judiciary. The Government reiterates that information on judicial decisions in relation to infringements reports does not reach labour inspectors. The Committee requests the Government to take the necessary measures to give effect in practice to section 485 of the Labour Code, under which labour inspectors shall be kept informed of the judicial follow-up of infringement reports.

Article 6. Status of labour inspectors. In its previous comments, the Committee requested the Government to provide a copy of the specific conditions of service of labour inspectors and controllers as soon as they were adopted. The Government indicates that the decree issuing these specific conditions of service, as provided for in section 471 of the Labour Code, has not yet been issued. The Committee requests the Government to take the necessary steps to ensure that the decree issuing the specific conditions of service of labour inspectors and controllers, as set out in section 471 of the Labour Code, is issued and a copy is communicated.

Article 7(3). Appropriate training of labour inspectors. The Committee notes the allegations of the CLTT that, as labour inspectors and controllers do not have the necessary skills, the labour inspectorate is unable to carry out its duties in full. It also notes that the Government reiterates that every year two officials from the labour administration services go to the African Regional Labour Administration Centre (CRADAT) to receive further practical training for labour inspectors, but that further training on site is not provided regularly and that the last course was held in 2008. The Committee recalls that, under the terms of Article 7(3) of the Convention, labour inspectors shall be adequately trained for the performance of their duties. The Committee requests the Government to take the necessary measures to ensure that labour inspectors regularly receive adequate training for the performance of their duties during their employment.

Articles 19, 20 and 21. Periodical reports and annual reports by the central authority on the work of the labour inspection services. The Committee notes that no annual inspection report has been communicated, despite the repeated requests by the Committee in this regard. It also notes the Government’s indication that the labour inspection services have to submit an annual labour inspection report at the end of each year. The Committee requests the Government to introduce the necessary measures to enable the central inspection authority to fulfil its obligation of publishing an annual report that contains all the subjects as required by Article 21, and to ensure that a copy is communicated to the Office within the time limits set out in Article 20 of the Convention. It reminds the Government that it may avail itself of ILO technical assistance in this regard, if necessary.