Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

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

Autre commentaire sur C081

Observation

Demande directe

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Article 3(2) of the Convention. Further duties entrusted to labour inspectors. The Committee notes from the 2018 annual report of the National Labour Directorate (DNT) that 1,547 individual disputes were settled through conciliation by a labour inspector in 2018. By comparison, the Committee notes that the total number of inspections conducted by the Regional Labour Directorates in 2018 was 493. The Committee therefore requests the Government to indicate the time and resources that the labour inspection services devote to conciliation or the settlement of disputes, compared with their primary duties under Article 3(1) of the Convention.

Article 6. Status and conditions of service of labour inspectors. The Committee notes the reference, in the Government’s report, to the adoption of Decree No. 2017-693/P-RM of 14 August 2017 on the allocation of specific bonuses and allowances to labour services staff. It also welcomes the Government’s indication that a new plan to strengthen the labour services is envisaged. The Committee requests the Government to provide more information on the content of the plan to strengthen the labour services, including its objectives concerning the conditions of service of inspectors and the measures taken or envisaged to meet those objectives.

Article 7(1) and Articles 10, 11 and 16. Adapting human and material resources to the needs of the labour inspectorate. Frequency of inspections. The Committee notes from the 2018 annual report of the DNT that the Regional Labour Directorates conducted 493 inspections in 2018, compared with 792 in 2017 and that the workplaces inspected, in all sectors, employed 18,586 workers, compared with 15,669 workers the previous year. It also notes that, according to the 2018 annual report of the DNT, the Regional Labour Directorates are facing difficulties that are hampering their functioning and the discharge of their assigned functions, namely, a lack of vehicles, Internet connection, qualified human resources and, in the case of the Taoudéni and Ménaka Regional Labour Directorates, a lack of premises. The Committee also notes that the 2018 annual report of the DNT does not refer to the total number of labour inspectors employed in the country. The Committee also notes that, according to the ILO report (2018) entitled, “Women and men in the informal economy: A statistical picture”, workers employed in the informal economy comprise 92.7 per cent of total employment in Mali, which can give rise to particular difficulties in relation to inspection. The Committee therefore requests the Government to continue its efforts to strengthen the inspection services both with regard to the recruitment of qualified labour inspectors and material resources, and particularly transport facilities. The Committee also requests the Government to take the necessary measures to ensure that all the regions are provided with local offices equipped in accordance with the requirements of the inspection service, in accordance with Article 11(1)(a) of the Convention. It requests the Government to continue providing information on the measures taken to that end and to indicate the number of labour inspectors employed in the country in its next report.

Article 7(3). Training of labour inspectors. The Committee notes that, in 2016, with the ILO’s support, the Ministry of Labour ran two training workshops for labour inspectors on the informal economy and on gender equality in the world of work. It also notes that the 2018 annual report of the DNT, provided by the Government, refers to a training workshop on occupational safety and health for labour inspectors, held in October 2018, and a training workshop for 25 labour controllers (inspectors’ assistants) held in December 2018. The Committee also notes that, according to the 2018 annual report of the DNT, a cooperation mission was conducted with the Moroccan Ministry of Employment and Vocational Training, resulting in the signing of a cooperation protocol on labour. The cooperation protocol partly focuses on the exchange of experience in training for labour inspectors and on capacity building for labour inspectors in occupational safety and health. The Committee also welcomes the Government’s indication that a capacity-building plan for inspectors is envisaged. Taking this information into account, the Committee requests the Government to continue providing information on the frequency, content and number of participants in training for labour inspectors for the discharge of their duties, particularly within the framework of the new initiatives that have been implemented.

Articles 13, 14 and 21(f) and (g). Preventive mission of the labour inspectorate and notification of occupational accidents and cases of occupational disease to the labour inspectorate. Further to its previous comments, the Committee notes the statistics provided in the Government’s report on the Occupational Safety and Health Convention, 1981 (No. 155), indicating that, out of 111 occupational accidents recorded between 1 January and 31 May 2018, 12 were recorded in the mining sector. The Government indicates that these statistics do not include the northern regions, and that no cases of occupational disease have been diagnosed. The Committee also notes the statistics contained in the 2018 annual report of the DNT indicating that 413 occupational accidents were registered in 2018, including 283 cases that were subject to investigation as required by the regulations. The Government explains that this rate is partly due to companies’ late submission of accident reports as well as a lack of resources for the functioning of the Regional Labour Directorates. In this regard, the Committee notes that the Government has not provided information in response to its previous request on the impact of the implementation of a system to collect, analyse and process statistical information on the preventive mission of labour inspectors. The Committee requests the Government to indicate whether the system to collect, analyse and process statistical information on occupational accidents and diseases has already been implemented, and to provide information on the progress made in this regard.

Articles 20 and 21(b), (e) and (g). Publication and communication to the ILO of annual reports on the activities of the labour inspection services. The Committee welcomes the 2018 annual report of the DNT, provided by the Government, which contains information on the subjects listed in Article 21(a), (c), (d) and (f). The Committee also notes that, although the annual report of the DNT contains statistics on the infringements reported at the regional and national levels, it does not contain statistics on the sanctions imposed for these infringements. The Committee requests the Government to continue publishing and providing annual reports to the ILO on the activities of the labour inspectorate, in accordance with Article 20 of the Convention, and to take the necessary measures to ensure that they contain information on all the subjects listed in Article 21(b) (labour inspection staff), (e) (statistics on infringements committed and sanctions imposed) and (g) (statistics on occupational diseases).