Labour Inspection Convention, 1947 (No. 81) - Côte d'Ivoire (RATIFICATION: 1987)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) in a single comment.

A.Labour inspection

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Functions of the labour inspectorate. Legislation. In reply to the Committee’s previous comment, the Government indicates that the enforcement of the legislation that is in force is still the main function of labour inspectors, but they also have the role of providing advice to users and reporting to their superiors any shortcomings identified. The Government adds that, although labour inspectors are also responsible for the settlement of labour disputes, this function, which contributes to the application of legislation and the maintenance of a peaceful social environment, does not replace enforcement activities, but on the contrary supplements them effectively. The Government adds that a process of reform of the labour inspection services has been commenced. The Committee recalls that Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129 set out the principal functions of the labour inspection system, and that Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129 provide that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way their authority and impartiality. Noting the absence of specific information in this regard, the Committee requests the Government to provide detailed information on the proportion of time and staff dedicated to the settlement of disputes by the labour inspection services. The Committee also requests the Government to continue providing all relevant information on the process of reform in the labour inspection services.

Article 5(a) of Convention No. 81 and Article 12(a) of Convention No. 129. Effective cooperation between the inspection services and other Government services engaged in similar activities. The Committee notes that, according to the Government’s indications, there is no collaboration between the labour inspection services and those of the National Social Insurance Fund (CNPS) in relation to the occupational safety and health inspections carried out in enterprises. In this regard, the Committee requests the Government to refer to its comments under Article 15(1) of the Occupational Safety and Health Convention, 1981 (No. 155), and Article 4(3)(g) of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Recruitment and training of labour inspectors. In reply to the Committee’s previous comment, the Government indicates that labour inspectors and medical labour inspectors are recruited through competitions organized by the Ministry of the Public Service, that inspectors undertake initial training at the National School of Administration and that the number of participants in the three training cycles is based on the needs indicated by the Ministry of Labour and the budget allocated by the State. The Government specifies that, in addition to a degree in medicine, medical labour inspectors must have a certificate of specialized studies in occupational medicine. Finally, the Government indicates the number of students who followed each of the three training cycles provided in the 2015–16 and 2016–17 academic years. The Committee notes this information, which replies to its previous request. The Committee however requests the Government to: (i) continue providing detailed information on the number of participants in the different training cycles; and (ii) provide fuller information on the initial training provided to labour inspectors, including the subjects covered and the duration of the courses, and the further training provided, where appropriate.

With reference to the agricultural sector, the Committee noted in its previous comment that there were still no inspectors specializing in agriculture or specifically trained in this area, and it requested the Government to take the necessary measures to ensure that inspectors covering the sector are provided with adequate training. The Committee notes that, according to the Government’s indications, labour inspectors receive a general training so that they can intervene in all sectors in their assigned area. The Committee further notes that the Government is endeavouring to strengthen the capacities of labour inspectors in certain sectors, including agriculture. In light of the specific characteristics of the agricultural sector, the Committee requests the Government to ensure that both adequate initial training and the necessary further training are provided to labour inspectors called upon to intervene in the sector. It also requests the Government to continue providing information on any developments in this regard.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Human and material resources. In reply to the Committee’s previous comment, the Government has provided a table showing the distribution of the 252 labour inspectors in 2018 in the services of the General Directorate of Labour (DGT), namely: 71 labour controllers, 82 labour attachés, 14 medical labour inspectors and 85 labour administrators. The Government adds that the DGT has an annual budget through which it can acquire office materials and furnishings and that urgent requests have been made to the competent authorities to obtain an increase in the budget, which was not very high. The Committee notes that, according to the Government’s indications, particular efforts have been made for the purchase of computer equipment and service vehicles. However, the Committee notes from the Decent Work Country Profile, drawn up in April 2020 by the Ministry of Employment and Social Protection of Côte d’Ivoire in collaboration with the Office, that the number of labour inspectors is still inadequate in relation to the number of establishments to be inspected and that the resources allocated are also inadequate to cope with the new challenges of the world of work, and particularly the informal economy. The Committee therefore requests the Government to: (i) continue its efforts to increase the budget allocated to the labour inspection services and to reinforce all the human and material resources available to the services for the discharge of their functions; (ii) provide full information and relevant data on this subject (including the amount of the budget allocated, the number of computers and vehicles available, etc.); and (iii) continue to provide detailed information on the number of labour inspectors, their assignment in the various services of the DGT and, as appropriate, the number of inspectors assigned to the agricultural sector.

Articles 16 and 21(c) of Convention No. 81 and Articles 21 and 27(c) of Convention No. 129. Inspections and statistics on workplaces liable to inspection.Noting the Government’s indication that it is engaged in reflection with a view to commencing a study that would lead to the identification of all the enterprises liable to inspection, the Committee encourages it to continue its efforts in this regard. With reference to statistics on workplaces liable to inspection, the Committee requests the Government to refer to the comment below on Articles 19 to 21 of Convention No. 81 and Articles 25 to 27 of Convention No. 129.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Periodic and annual reports on the work of the labour inspection services. The Committee notes the Government’s indication that 1398 enterprise inspections were undertaken in 2017. Although the Committee also notes that all the DGT services provide an annual report containing information on their activities, it however notes that neither the compilation of these activities, to which the Government refers in its report, nor the annual report on the work of the labour inspection services have been received by the Office. The Committee once again notes with regret that the Government has not provided any information on the progress achieved in the preparation of an annual report on the work of the labour inspection services. The Committee urges the Government to take the necessary measures to ensure that annual inspection reports are published and communicated to the ILO in accordance with the provisions of Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129.

B.Labour administration

Article 6(2) of Convention No. 150. National employment policy. In response to the Committee’s request for information on the measures taken to ensure the monitoring and evaluation of the National Employment Policy 2016-20 by the labour administration system, and on any new national employment policy, the Government indicates that the principal achievement of the National Employment Policy 2016-20 was the establishment in July 2017 of the “Employment Committee”, with responsibility for coordinating the implementation of action and measures under the National Employment Policy 2016-20, and particularly for coordinating and managing initiatives and activities to promote and facilitate employment creation, monitor employment creation initiatives and prepare regular reports on the implementation of the Policy. The Employment Committee is composed of representatives of the Government, of representative employers’ organizations and trade union confederations, as well as of international technical and financial partners, including the Office. The Committee notes that the Employment Committee did not cease to exist when the National Employment Policy 2016-20 expired and that, under the terms of Order No. 065/MEPS/CAB of 24 November 2021, its responsibilities include coordinating and monitoring action and measures related to the National Employment Policy. The Committee notes this information, which replies to its previous request.

Article 8. Contribution to the preparation of the national policy concerning international labour affairs and the representation of the State with respect to such affairs. In reply to the Committee’s previous comment, the Government indicates that Order No. 2019-067 MEPS/CAB/DGT establishing and setting out the functions, organization and operation of the Tripartite Advisory Committee on International Labour Standards (CCTNIT) was adopted on 22 August 2019, that the members of the Committee were appointed in January 2020 and that the Committee has met on ten occasions. The Committee notes that, under the terms of the Order, the responsibilities of the CCTNIT include issuing views on draft Government interventions on the items on the agenda of the International Labour Conference, draft international instruments to be submitted to the National Assembly in accordance with article 19 of the ILO Constitution, the examination of unratified Conventions and Recommendations to which effect has not yet been given, draft reports prepared under article 22 of the ILO Constitution and proposals for the denunciation of ratified Conventions. The Committee notes this information, which replies to its previous request.

Article 9. Monitoring of relevant local and regional agencies. The Committee notes the labour-related activities which have been delegated to the 29 regional directorates, to the departmental directorate and to the 13 labour inspection services which make up the DGT, as well as the functions attributed to the General Labour Inspectorate by Decree No. 2021-803 of 8 December 2021 on the organization of the Ministry of Employment and Social Protection. Noting, however, that the Government has not provided information on the means of verifying that the agencies to which activities have been delegated in the field of labour administration are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them, the Committee requests the Government to provide any relevant information on this subject.

Article 10. Material and financial resources necessary for the effective performance of the duties of the staff of the labour administration system. The Committee notes that, in reply to the observations of the General Confederation of Enterprises of Côte d’Ivoire (CGECI), which had noted the low level of resources available to the labour administration, the Government indicates that measures are being taken progressively to reinforce the material, human and financial resources available to the labour administration system and that the labour and social protection inspection services are now equipped with computers and vehicles. The Committee notes this information and requests the Government to continue its efforts to reinforce all the material and financial resources made available to the labour administration services. The Committee also requests the Government to provide full information and relevant data on this subject (level of the budget allocated, number of computers and vehicles supplied, etc.).

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In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee sees fit to examine Convention No. 81 and Convention No. 129 in a single comment.

The Committee notes Act No. 2015-532 of 20 July 2015 issuing the Labour Code.

Article 3(1) and (2) of Convention No. 81 and Article 6 of Convention No. 129. Functions of the labour inspectorate. Legislation. The Committee notes section 91.3 of the Labour Code, which provides that the inspectorate of labour and social legislation is responsible for all matters relating, inter alia, to conditions of work, labour relations and employment. It also notes that section 81.2 assigns a conciliation function to the labour inspectorate regarding individual labour disputes before any recourse is had to the labour tribunal. The Committee refers to Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129, which determines the primary duties of the labour inspectorate, and Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, which provides that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice their authority and impartiality. It also draws the Government’s attention to 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. Moreover, the Committee recalls from the guidance provided in Paragraph 3(3) of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133) that where labour inspectors are charged with these functions, measures should be taken with a view to relieving them progressively of such functions. The Committee requests the Government to provide detailed information on the primary functions of the labour inspection service as provided for in Article 3(1) within the meaning of Convention No. 81 and Article 6(1) of Convention No. 129, as well as the number of staff and time dedicated to other functions within the meaning of Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Recruitment and training of labour inspectors. In its previous comments, the Committee noted that labour inspectors were recruited through a competition, and their training comprised three cycles. The Government indicates that these competitions are organized by the minister responsible for the civil service. However, the Government does not specify the criteria or procedures for the recruitment of inspectors, or the number of participants in the different training cycles, as had been requested by the Committee. The Committee once again requests the Government to provide information on the criteria and procedures in force for the recruitment of labour inspectors and to indicate the number of participants in the different training cycles.

With regard to agriculture, the Committee previously observed that there were no labour inspectors specializing in agriculture or specifically trained in this area. The Committee notes that no progress has been made in this respect. It draws the Government’s attention to Paragraphs 4–7 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133). The Committee requests the Government once again to take the necessary steps to provide labour inspectors in agriculture with adequate training for the performance of their duties and to keep it informed of any developments in this respect.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Human and material resources. In its previous comment, the Committee noted the observations of the General Confederation of Enterprises of Côte d’Ivoire (CGECI), to the effect that difficulties in the labour inspection services were due to the inadequate resources made available to them by the Government. It asked the Government to provide information on the number of labour inspectors in the various regional and departmental directorates and on the material resources available for the performance of their duties.

The Committee notes the Government’s indications that the directorate-general for labour comprises 255 labour technicians and 38 inspection services, including 15 regional directorates and ten departmental directorates. The Government also indicates that all departments have an annual budget allocation, that major investments were made in the 2013–15 period to build the capacity of the labour administration and that it is working on resolving certain constraints relating to the functionality of premises and equipment. However, it explains that real efforts still need to be made with regard to means of transport. The Committee also notes that the Government has not supplied any information on the material resources available to the labour inspectorate in agriculture. The Committee requests the Government to indicate, for example in the form of tables, the number of labour inspectors and their categories for each of the 38 labour inspection services. It also requests it to specify the material resources available to the labour inspectorate (including in agriculture), such as vehicles, premises, computers, printers, telephones, etc., and on all the steps taken to increase these material resources, particularly means of transport, and to enable labour inspectors to perform their duties effectively.

Articles 16 and 21(c) of Convention No. 81 and Articles 21 and 27(c) of Convention No. 129. Inspections and register of workplaces liable to inspection. In its previous comment, the Committee noted the observations of the CGECI, to the effect that inspectors, since they had inadequate resources available to them, confined themselves to receiving and dealing with complaints, and appeared to focus essentially on formal sector enterprises. The Committee asked the Government to inform it of any measures taken, especially as part of inter-institutional cooperation, to ensure the development and maintenance of a reliable register of workplaces liable to labour inspection. The Committee also asked the Government to provide statistical data on inspections disaggregated by the sectors concerned, including agriculture.

The Committee notes the Government’s indication that 1,042 inspections were carried out in 2014 (across all sectors) but that it does not provide any reply with regard to the other matters raised by the Committee. The Committee requests the Government to provide information on the measures taken and the progress made regarding the establishment of a register of workplaces liable to inspection and to provide statistical data on the number of inspections carried out by sector and type of inspection visits.

Articles 19–21 of Convention No. 81 and Articles 25–27 of Convention No. 129. Periodic and annual reports on the work of the labour inspection services. Referring to its previous comments, the Committee notes with regret that the Government has not supplied any information on progress made regarding the preparation of an annual report on the work of the labour inspection services. However, the Committee notes that section 91.1 of the new Labour Code provides that the labour administration shall draw up and publish an annual report on the work of the services under its control. The Committee therefore requests the Government to provide information on all the measures taken regarding the preparation of an annual report containing all available information on the subjects specified in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, on the understanding that information concerning agriculture may be published as a separate report or as part of a general annual report. In any event, the Committee requests the Government to send as detailed information as possible on the number of workplaces liable to inspection and the number of workers employed therein, the number of inspections carried out and the results thereof (number of violations recorded, the legal or regulatory provisions concerned, the penalties applied, etc.), and also on occupational accidents and diseases and their causes.

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With reference to its observation, the Committee would like to raise the following additional point.

Article 7 of the Convention. Suitable training for labour inspectors. The Committee notes the information contained in the Government’s report that labour inspectors receive initial and further training at the National School of Administration. The Committee also notes that there are three training cycles, the middle cycle for labour controllers, the higher middle cycle for labour attachés and the higher cycle for labour administrators, and that participation in training is through competition. The Committee requests the Government to describe the criteria and procedures followed for the selection of inspectors for the various training cycles and to indicate the authority responsible for these competitions. It also requests the Government to provide detailed information on the number of participants in the modules of the three training cycles.

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The Committee notes the communication of the General Confederation of Enterprises of Côte d’Ivoire (CGECI), dated 22 November 2010 and the Government’s report, dated 10 September 2013.

Articles 10 and 11 of the Convention. Human and material resources of the labour inspection. The Committee notes that, according to the Government, the total number of labour inspectors is 200. The Government adds that a public investment project has been prepared in the context of the National Development Programme with a view to rehabilitating and equipping the labour inspection services.

The Committee also notes the indication by the CGECI that the difficulties in the operation of the labour inspection services are related to the inadequacy of the resources made available to them by the Government. The Committee requests the Government to provide updated information on the number of labour inspectors in the various regional directorates and on the material resources available (for example, premises, computers, printers, telephones, etc.), including means of transport. The Committee also requests the Government to provide a copy of the public investment project and to continue to keep the Office informed of any measures taken to increase the material resources of labour inspectors, and the results achieved.

Articles 16 and 21(c). Inspections and register of industrial and commercial workplaces liable to inspection. The Committee notes the information provided by the Government on the number of enterprises, workers, violations committed and the sanctions applied. It also notes that, according to the CGECI’s communication, the mission of inspectors is confined to receiving and dealing with any complaints lodged by workers or employers, and that inspectors appear to focus essentially on formal sector enterprises, which employ at least 10 per cent of the population. The Committee requests the Government to continue making efforts with a view to the progressive preparation of a mapping of workplaces liable to labour inspection. The Committee also invites the Government to keep the Office informed of any measures adopted or envisaged to maintain inter-institutional cooperation between all public and private bodies and institutions holding relevant data, with a view to the development and maintenance of a reliable register of workplaces liable to labour inspection. The Committee also requests the Government to provide relevant information on the number of inspections disaggregated by the type of inspection and the sectors concerned.

Articles 20 and 21. Publication and content of the annual report on the functioning of the labour inspection services. Aware of the difficulties faced by the Government due to the military-political crisis experienced by the country, the Committee hopes that the Government will continue to make efforts to ensure that the central labour inspection authority publishes and communicates to the Office as soon as possible an annual report containing all the information available on the matters set out in Article 21 of the Convention.

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

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Articles 7 and 10 of the Convention. Suitable training for labour inspectors. The Committee notes with interest the content of the training provided for labour inspectors both as initial training and on-the-job training, and the Government’s information regarding further training for labour inspectors so as to match their skills to the realities of the world of work. The Committee notes, however, that the Government does not, as the Committee asked in its previous comments, specify the number and status of participants or the impact of such training on the volume and quality of inspection activities. The Committee requests the Government to provide in its future reports detailed information on the various types of training provided for labour inspectors (purpose, participation, frequency, duration) and the impact of the training on inspection activities (volume and quality) and on relations between labour inspectors and employers or their organizations and between labour inspectors and workers or their organizations.

Article 11. Material resources of labour inspectors. The Committee notes the information sent by the Government to the effect that the lack of resources is the greatest obstacle to the efficient running of the inspection system. It also notes that the Government intends to seek international financial cooperation to reinforce the means of action of labour inspectors (computers, internet connection, transport facilities, etc.). The Committee requests the Government to indicate the steps taken to this end and the results obtained.

Articles 16 and 21(c). Register of industrial and commercial workplaces liable to inspection with a view to scheduling inspection visits. The Committee notes, in connection with its general observation of 2009 on the need for the labour inspection service to have statistics of the industrial and commercial establishments liable to inspection and the workers they employ, that because cooperation between institutions failed, it has not been possible to draw up a register of establishments. The Government indicates that the institutions that keep data refuse to forward them to the labour inspectorate. However, pending the establishment of a nation-wide database to be set up by the National Institute of Statistics, instructions have been given to all branches of the labour inspectorate to compile a list of the workplaces under their responsibility that make requests to the labour inspectorate. The list is to be appended to the annual report drawn up by each branch and sent to the central inspection authority. The Government has also said that it needs technical assistance from the Office in compiling a register of workplaces. The Committee notes with interest the Government’s efforts gradually to draw up a chart of establishments liable to labour inspection and hopes that it will nonetheless be able to take steps at the earliest possible date to set up and maintain cooperation between institutions, which is essential to the establishment of a reliable register of workplaces. The Committee asks the Government to keep the ILO informed of progress made in compiling information on workplaces liable to inspection and the workers they employ, and to send any relevant documents (circulars or instructions, list of workplaces, payrolls, etc.).

Nevertheless, the Government is also asked to take measures to establish and maintain cooperation between all public and/or private bodies and institutions holding relevant data so that a reliable register of workplaces liable to inspection can be established and serve as a basis for assessing the operation of the inspection system and determining the measures to be taken to improve it.

Articles 20 and 21. Further to its previous comments and in connection with the process referred to by the Government to draw up a chart of workplaces liable to inspection, the Committee asks the Government to ensure that the central inspection authority publishes and communicates to the ILO as soon as possible an annual report containing all the information available on the subjects listed at Article 21.

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The Committee notes the Government’s brief report in reply to its previous comments and also the attached tables concerning the geographical distribution of labour inspection staff and the material resources available to the labour inspection services.

Articles 7 and 10 of the Convention. Adequate training for labour inspectors. The Committee notes with interest the information relating to the various forms of training given to labour inspectors by the National School of Administration between 2001 and 2009 in the context of the targets of the training plan set at an average of 50 labour inspectors per year. The Committee notes with interest that the total number of inspectors has increased considerably, from 57 in 2006 to 158 in 2008, and that the impact of this training has been to strengthen the multidisciplinary nature of their work and their capacity to carry out technical and managerial duties. In addition, the growing number of inspectors has made it possible to set up four new regional directorates and two new departmental directorates for labour inspection. The Committee further notes with interest that a workshop concerned with strengthening inspectors’ capacities in the area of fundamental principles and rights at work was held in Abidjan from 14 to 20 July 2008 by the Ministry of the Public Service and Employment with the support of the ILO programme to support the implementation of the Declaration (PAMODEC). The Committee requests the Government to continue to supply detailed information on the initial training given to inspectors for the performance of their duties, and also on any arrangements for subsequent in-service training (content, number and status of participants) aimed at improving their skills and adapting them to changes affecting the world of work, and on the impact of such training on the volume and quality of inspection activities.

Articles 3, 12, 13 and 17. Distribution of duties among the labour inspection staff. Noting that the Government has not clarified, as requested, which labour inspection officers are responsible for the performance of duties defined by the abovementioned provisions, the Committee hopes that it will not fail to provide such clarification and supply details of the results of labour inspection activities during the period covered by the next report.

Child labour. Noting the information supplied by the Government in its report on the Worst Forms of Child Labour Convention, 1999 (No. 182), according to which a national steering committee has been set up in the context of the LUTRENA project to monitor activities relating to child labour, the Committee requests the Government to supply further information on the role assigned to labour inspectors in this area.

Article 11. Material resources of the labour inspectorate. The Committee requests the Government to indicate the measures taken or contemplated, including through recourse to international financial cooperation, to strengthen the material resources of the labour inspectorate, particularly the transport facilities available to inspectors for workplace inspections, and the results achieved or expected.

Article 16. Establishment of a registry of industrial and commercial workplaces liable to inspection with a view to the planning of inspection visits. The Committee notes that the national registry of workplaces which was due to be drawn up and evaluated by the National Institute of Statistics is still not available. So that the labour inspectorate is able to fulfil its socio-economic mission, it is essential that the central inspection authority has up to date information on the geographical distribution and number of workplaces, the work carried out there and the number of workers employed. This information is necessary to determine the budget for its operation and for the establishment of priorities for action, taking account of the economic situation and other priorities of the country. Emphasizing the usefulness of a registry of workplaces for the planning of routine inspections in workplaces liable to inspection with a view to ensuring inspection visits as frequently as possible and not only as follow-up to complaints, the Committee firmly encourages the Government to make every effort to establish such a registry as soon as possible and make data available to all labour inspectors enabling the identification of the workplaces coming within their competence. It therefore requests the Government once again to supply information on the measures taken to this end, the progress made and any difficulties encountered.

Articles 20 and 21. Annual labour inspection report. The Committee requests the Government to take steps to strengthen human resources and structures for labour inspection as referred to in its report, to ensure that an annual report on the work of the labour inspectorate is published in the very near future and a copy sent to the ILO. In this respect, it draws the Government’s attention to the guidance given by Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), as regards the presentation and level of detail of information which the authority should supply in such a report.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 7, paragraph 3, of the Convention. Training of labour inspectors. The Committee notes the Government’s report containing the information that a plan of training for at least 50 labour inspectors per year is being implemented by the National School of Administration. The Committee would be grateful if the Government would provide information on the implementation of this plan, especially the number of inspectors who have been or are being trained and the subjects covered in the light of the areas covered by the Convention, and also indicate the impact of this training initiative on the functioning of the labour inspectorate in quantitative and qualitative terms.

Article 10. Labour inspection staff. Noting that the Government’s report does not contain any information on the number of labour inspection staff, the Committee requests the Government to indicate the geographical distribution of serving labour inspectors, controllers and officers, stating which officials perform the duties and exercise the powers defined by Articles 3, 12, 13 and 17 of the Convention.

Article 11. Material resources of the labour inspectorate. The Committee notes, according to the information supplied by the Government, that an extensive programme for reinforcing the material resources of the labour inspectorate, including the renovation of premises, provision of computer equipment to inspectors and purchase of vehicles, is currently under way. Emphasizing the importance of providing sufficient resources to the labour inspectorate so that labour inspectors, controllers and officers can carry out their field missions, the Committee requests the Government to continue supplying information on the material resources allocated, and also on the impact of improvements in inspectors’ conditions of work on the operation of the labour inspectorate and its effectiveness.

Article 16. Inspections. According to the Government, it has not been possible, in view of the country’s situation, to establish the national registry of enterprises as announced. Knowledge of the economic structure to be covered on the part of the inspectorate would facilitate the gradual implementation of this provision of the Convention, which states that workplaces must be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions governing conditions of work and the protection of workers while engaged in their work. While being fully aware of the difficulties described by the Government, the Committee hopes that the Government will be able to establish this registry in the near future in order to determine human, material and logistical requirements for the purpose of establishing appropriate budgetary forecasts.

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Article 7, paragraph 3, of the Convention. Training of labour inspectors. The Committee notes the Government’s report containing the information that a plan of training for at least 50 labour inspectors per year is being implemented by the National School of Administration. The Committee would be grateful if the Government would provide information on the implementation of this plan, especially the number of inspectors who have been or are being trained and the subjects covered in the light of the areas covered by the Convention, and also indicate the impact of this training initiative on the functioning of the labour inspectorate in quantitive and qualitative terms.

Article 10. Labour inspection staff. Noting that the Government’s report does not contain any information on the number of labour inspection staff, the Committee requests the Government to indicate the geographical distribution of serving labour inspectors, controllers and officers, stating which officials perform the duties and exercise the powers defined by Articles 3, 12, 13 and 17 of the Convention.

Article 11. Material resources of the labour inspectorate. The Committee notes with interest, according to the information supplied by the Government, that an extensive programme for reinforcing the material resources of the labour inspectorate, including the renovation of premises, provision of computer equipment to inspectors and purchase of vehicles, is currently under way. Emphasizing the importance of providing sufficient resources to the labour inspectorate so that labour inspectors, controllers and officers can carry out their field missions, the Committee requests the Government to continue supplying information on the material resources allocated, and also on the impact of improvements in inspectors’ conditions of work on the operation of the labour inspectorate and its effectiveness.

Article 16. Inspections. According to the Government, it has not been possible, in view of the country’s situation, to establish the national registry of enterprises as announced. Knowledge of the economic structure to be covered on the part of the inspectorate would facilitate the gradual implementation of this provision of the Convention, which states that workplaces must be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions governing conditions of work and the protection of workers while engaged in their work. While being fully aware of the difficulties described by the Government, the Committee hopes that the Government will be able to establish this registry in the near future in order to determine human, material and logistical requirements for the purpose of establishing appropriate budgetary forecasts.

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Human and material resources of the labour inspectorate. With reference to its previous comments, the Committee requests the Government to provide information that is as full and detailed as possible in its next report in reply to the questions contained in the report form approved by the Governing Body. Please indicate in particular whether measures have been taken for the establishment of the national register of enterprises, referred to by the Government in a previous report. Please also specify the financial resources allocated for the labour inspectorate so that it has sufficient staff and the necessary material resources and transport facilities (Articles 10 and 11 of the Convention).

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In reply to the Committee’s previous comments on the material situation of the inspection services (Article 11 of the Convention) and the number of inspections to establishments (Article 16), the Government provides information indicating that the inspection services are almost totally unable to accomplish their duties because they lack the means despite an adequate geographical distribution of facilities and human resources. The deficiencies of labour inspection are also raised in the Government’s report on the Minimum Age Convention, 1973 (No. 138).

The Committee notes the Government’s announcement of a plan for the labour inspectorate to establish a national register of enterprises with ILO support. It trusts that measures have been taken to this end and that the relevant information will soon be sent. Such a register, if it contains details of the number, nature, size and situation of enterprises, as well as the number and categories of the workers they employ (Article 10(a)(i) and (ii)), will undoubtedly be a valuable tool for determining the human resources and material means required to operate a labour inspection system of the kind provided for by the Convention. The Committee draws the Government’s attention to the advisability of seeking international financial cooperation for the implementation of this or any other project designed to improve the efficiency of labour inspection. It would be grateful if the Government would take all appropriate steps to this end and at all events inform the Office of any developments relating to the implementation of the obligations arising from the ratification of the Convention.

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The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the points raised in its previous direct request under Articles 10, 11 and 16 as follows:

Articles 11 and 16. Please indicate the financial amount allocated specifically to labour inspection services within the global amount of 300 million CFA francs allocated to the directorates of employment, the civil service and social welfare in general and specify how this amount has been used for improving the effectiveness of the inspection services, particularly for increasing the number of inspections to establishments controlled by these services.

Article 10. Please indicate the number and geographical distribution of labour inspectors performing the duties set out in Article 3 under the conditions laid down in Articles 12 and 16.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee has noted the brief report communicated by the Government for the period ending 31 May 1997 and 1 September 1999. It notes with regret that no annual report on the activities of the labour inspectorate has been submitted since the one relating to 1994. Noting the inadequate information provided in reply to its previous comments, the Committee would be grateful if the Government would supplement it with specific statistical data on the following points.

  Article 7 of the Convention. Please indicate whether specific training is provided at the National School of Administration for the occupation of labour inspector. If not, indicate the measures taken to ensure that labour inspectors currently in post can be replaced when they retire in the immediate or near future.

  Articles 11 and 16. Please indicate the financial amount allocated specifically to labour inspection services within the global amount of 300 million CFA francs allocated to the directorates of employment, the civil service and social welfare in general and specify how this amount has been used for improving the effectiveness of the inspection services, particularly for increasing the number of inspections to establishments controlled by these services.

  Article 10. Please indicate the number and geographical distribution of labour inspectors performing the duties set out in Article 3 under the conditions laid down in Articles 12 and 16.

  Article 14. Please provide information on the means which have been employed so that occupational medicine fully plays its role and indicate progress made in recording and declaring industrial accidents and occupational diseases throughout the territory since the medical inspection service was set up as a central directorate within the Ministry.

  Articles 20 and 21. Please supply information on the measures announced by the Government for implementing these two important provisions of the Convention and submit as soon as possible annual reports on the activities of the labour inspection services containing information on each of the matters listed in Article 21.

CMNT_TITLE

The Committee has noted the brief report communicated by the Government for the period ending 31 May 1997 and 1 September 1999. It notes with regret that no annual report on the activities of the labour inspectorate has been submitted since the one relating to 1994. Noting the inadequate information provided in reply to its previous comments, the Committee would be grateful if the Government would supplement it with specific statistical data on the following points.

Article 7 of the Convention. Please indicate whether specific training is provided at the National School of Administration for the occupation of labour inspector. If not, indicate the measures taken to ensure that labour inspectors currently in post can be replaced when they retire in the immediate or near future.

Articles 11 and 16. Please indicate the financial amount allocated specifically to labour inspection services within the global amount of 300 million CFA francs allocated to the directorates of employment, the civil service and social welfare in general and specify how this amount has been used for improving the effectiveness of the inspection services, particularly for increasing the number of inspections to establishments controlled by these services.

Article 10. Please indicate the number and geographical distribution of labour inspectors performing the duties set out in Article 3 under the conditions laid down in Articles 12 and 16.

Article 14. Please provide information on the means which have been employed so that occupational medicine fully plays its role and indicate progress made in recording and declaring industrial accidents and occupational diseases throughout the territory since the medical inspection service was set up as a central directorate within the Ministry.

Articles 20 and 21. Please supply information on the measures announced by the Government for implementing these two important provisions of the Convention and submit as soon as possible annual reports on the activities of the labour inspection services containing information on each of the matters listed in Article 21.

CMNT_TITLE

The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraph 2, and Articles 7, 10 and 16 of the Convention. The Committee notes the information contained in the Government's report, including the statistical data attached to the report. It notes in particular that the labour inspection services only carried out 18 inspection visits in Abidjan and six in Bouaké during the six months covered by the available data, which accounts for a very low proportion of the total activities of these services in 1994. The Committee also notes that, of the 19 technical personnel trained at the National School of Administration in 1994, according to the Government's report, ten were labour administrators, four were attachés and five were supervisors. It notes that ten labour administrators were trained in 1995, and that they should take up their functions in 1996. The Committee requests the Government to take the necessary measures to ensure the discharge of the principal inspection duties entrusted to the labour inspection services. In this respect, it hopes that the Government will give priority to the recruitment and training of labour inspectors so that the number of inspection visits can be increased and workplaces can be inspected as often and as thoroughly as is necessary to ensure the application of the relevant legal provisions.

Article 11. The Committee notes with interest section 91(7) of Act No. 95-15 of 12 January 1995, issuing the Labour Code, which provides that the labour inspection services shall be provided with offices that are suitably equipped for their needs and accessible to all those concerned, and that the labour administration shall take the appropriate measures to furnish labour inspectors, supervisors, attachés and physicians with the transport facilities necessary for the performance of their duties and, in any case, ensure the reimbursement of any travelling expenses and any related expenses which may be necessary for the performance of their duties. Furthermore, the Committee notes that, in parallel with these legislative measures, the Government allocated a credit of 300 million CFA francs, in the context of measures for the institutional reinforcement of the administration, to the Ministry of Employment and the Public Service with a view to furnishing office equipment and transport facilities to all the directorates of employment and the public service. The Committee would be grateful if the Government would supply information on the improvements in practice in the material resources available to labour inspectors for the performance of their duties, in accordance with this provision of the Convention.

Article 14. The Committee notes the information provided by the Government in its report to the effect that in practice all industrial accidents and cases of occupational disease are notified to the labour inspectorate which, in most cases, carries out investigations. However, it notes that the statistical information provided by the Government does not refer to any case of occupational disease. The Committee requests the Government to indicate whether the notification of industrial accidents and cases of occupational disease is made to the labour inspectorate by employers or by the social assistance fund.

Articles 20 and 21. The Committee notes the statistical data supplied by the Government, and the indication that activities reports containing information on all the matters enumerated in Article 21 will be published and transmitted within the required time-limits. The Committee is bound to reiterate the hope that the Government will take the necessary measures to give effect to this initiative.

CMNT_TITLE

Article 3, paragraph 2, and Articles 7, 10 and 16 of the Convention. The Committee notes the information contained in the Government's report, including the statistical data attached to the report. It notes in particular that the labour inspection services only carried out 18 inspection visits in Abidjan and six in Bouaké during the six months covered by the available data, which accounts for a very low proportion of the total activities of these services in 1994. The Committee also notes that, of the 19 technical personnel trained at the National School of Administration in 1994, according to the Government's report, ten were labour administrators, four were attachés and five were supervisors. It notes that ten labour administrators were trained in 1995, and that they should take up their functions in 1996. The Committee requests the Government to take the necessary measures to ensure the discharge of the principal inspection duties entrusted to the labour inspection services. In this respect, it hopes that the Government will give priority to the recruitment and training of labour inspectors so that the number of inspection visits can be increased and workplaces can be inspected as often and as thoroughly as is necessary to ensure the application of the relevant legal provisions.

Article 11. The Committee notes with interest section 91(7) of Act No. 95-15 of 12 January 1995, issuing the Labour Code, which provides that the labour inspection services shall be provided with offices that are suitably equipped for their needs and accessible to all those concerned, and that the labour administration shall take the appropriate measures to furnish labour inspectors, supervisors, attachés and physicians with the transport facilities necessary for the performance of their duties and, in any case, ensure the reimbursement of any travelling expenses and any related expenses which may be necessary for the performance of their duties. Furthermore, the Committee notes that, in parallel with these legislative measures, the Government allocated a credit of 300 million CFA francs, in the context of measures for the institutional reinforcement of the administration, to the Ministry of Employment and the Public Service with a view to furnishing office equipment and transport facilities to all the directorates of employment and the public service. The Committee would be grateful if the Government would supply information on the improvements in practice in the material resources available to labour inspectors for the performance of their duties, in accordance with this provision of the Convention.

Article 14. The Committee notes the information provided by the Government in its report to the effect that in practice all industrial accidents and cases of occupational disease are notified to the labour inspectorate which, in most cases, carries out investigations. However, it notes that the statistical information provided by the Government does not refer to any case of occupational disease. The Committee requests the Government to indicate whether the notification of industrial accidents and cases of occupational disease is made to the labour inspectorate by employers or by the social assistance fund.

Articles 20 and 21. The Committee notes the statistical data supplied by the Government, and the indication that activities reports containing information on all the matters enumerated in Article 21 will be published and transmitted within the required time-limits. The Committee is bound to reiterate the hope that the Government will take the necessary measures to give effect to this initiative.

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With reference to its previous comments, the Committee notes with satisfaction that section 91(4) of Act No. 95-15 of 12 January 1995, issuing the Labour Code, provides that inspectors of labour and labour legislation may, in cases of emergency and subject to jurisdictional or administrative appeal, make or have made orders requiring measures with immediate executory force to put an end to an imminent danger to the health or safety of the workers, thereby giving effect to Article 13, paragraph 2(b), of the Convention.

The Committee is addressing a request directly to the Government on a number of other matters.

CMNT_TITLE

The Committee notes the information provided by the Government in reply to its previous comments, in particular as regards Article 11, paragraph 2, of the Convention.

Article 3, paragraph 2. The Committee notes the Government's statement that the additional duties conferred on the inspectorate, particularly those under sections 122, 139 and 159 of the Labour Code, do not interfere with the effective discharge of the primary duties of inspectors. In the absence of published annual reports on the activities of the inspection service, the Committee is unable to appreciate how far the primary tasks of the inspectorate, which include securing the enforcement of the labour laws and regulations through inspections, are in practice being discharged. Please provide further details.

Articles 10 and 16. The Committee notes the information that the number of inspectors is not sufficient in comparison to the duties entrusted to them but that the Government is encouraging graduates of the National School of Administration to pursue careers in labour inspection. It notes with interest that 15 additional inspectors are currently undergoing training. Please continue to provide particulars on the measures envisaged to ensure adequate inspection visits take place.

Article 11, paragraph 1. The Committee notes the practical difficulties encountered by the inspection services owing to lack of material means. It also notes the Government's commitment to provide such means as soon as finances permit. Please continue to provide details in this respect.

Article 13, paragraph 2(b). The Committee notes that the draft section 91.4 in paragraph 4 would when adopted amend the current section 128 of the Labour Code, empowering inspectors to give orders requiring measures with immediate executory force in the event of imminent danger to health or safety of the workers. Please provide full details of further developments in this regard.

Article 14. The Committee again notes that section 80 of the Social Welfare Code provides for notification of occupational accidents and diseases to the Social Welfare Fund, but not to the Inspectorate of Labour and Social Legislation. Would the Government please indicate how it is proposed to ensure the Convention is applied in this respect?

Articles 20 and 21. The Committee notes once again that the annual report on the work of the inspection services has not been received by the ILO. It wishes to underline the importance it attaches to the compilation, publication and transmission of such reports as required by these provisions of the Convention to enable the Committee to verify the implementation of the Convention. It trusts the Government will ensure, in future, that these reports, containing information on all the subjects listed in Article 21, will be published and transmitted within the time-limit established in Article 20.

CMNT_TITLE

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraph 2, of the Convention. The Committee notes that, in addition to the functions set out in paragraph 1 of this Article, several other duties have been conferred on the Inspectorate of Labour and Social Legislation, particularly under sections 122, 139 and 159 of the Labour Code. Please indicate the measures taken to ensure that these duties do not interfere with the effective discharge of primary duties of the inspectors.

Article 7, paragraph 3. While noting that the inspectors of the Inspectorate of Labour and Social Legislation are recruited from among students of the National School of Administration, the Committee requests the Government to indicate the measures taken to ensure that labour inspectors are adequately trained for the performance of their duties, both on entering the service and subsequently.

Articles 10 and 16. Please indicate, bearing in mind the various duties conferred on the Inspectorare of Labour and Social Legislation, whether the number of labour inspectors is sufficient to ensure that workplaces liable to inspection are inspected as often and as thoroughly as is necessary.

Article 11, paragraph 1. The Committee notes that the inspection services are encountering practical difficulties owing to the lack of material means at their disposal. Please indicate the measures taken or contemplated to remedy these difficulties.

Article 11, paragraph 2. Please indicate the arrangements made to ensure that labour inspectors are reimbursed for any travelling and incidental expenses which may be necessary for the performance of their duties.

Articles 13, paragraph 2(b). The Committee notes the Government's statement that, as part of the revision of the Labour Code, section 128 is to be amended to include a subsection empowering inspectors of labour and social legislation to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers. It hopes that measures to give full effect to this provision will be taken shortly and requests the Government to provide information on any progress made in this respect.

Article 14. The Committee notes that, under section 80 of the Social Welfare Code, any occupational accidents or diseases noted in the workplace must be notified to the National Social Welfare Fund. Please indicate the manner in which the Inspectorate of Labour and Social Legislation is informed of cooupational accidents and diseases.

Articles 20 and 21. The Committee notes that the annual report on the work of the inspection services has not been received by the ILO. It hopes that, in future, these reports, containing information on all the subjects listed in Article 21, will be published and transmitted within the time-limit established in Article 20.

The Committee also requests the Government to enclose with its next report the following texts which it referred to in its first report: General Order No. 2442/IGT of 10 June 1946 respecting the organisation and operation of the labour inspectorate; Order No. 19 MTIC-CAB of 13 August 1977 concerning the attributions of the Abidjan independent labour inspection service; Order No. 32 MTIC-DCSR of 23 September 1978 establishing the regional labour and employment directorates; and Circular No. 390/MTAS/CAB of 17 March 1980 concerning the supervision of the activities of labour inspectors.

CMNT_TITLE

The Committee takes note of the information supplied by the Government in its first report. It would be grateful if, in its next report, the Government would provide additional information on the following points:

Article 3, paragraph 2, of the Convention. The Committee notes that, in addition to the functions set out in paragraph 1 of this Article, several other duties have been conferred on the Inspectorate of Labour and Social Legislation, particularly under sections 122, 139 and 159 of the Labour Code. Please indicate the measures taken to ensure that these duties do not interfere with the effective discharge of primary duties of the inspectors.

Article 7, paragraph 3. While noting that the inspectors of the Inspectorate of Labour and Social Legislation are recruited from among students of the National School of Administration, the Committee requests the Government to indicate the measures taken to ensure that labour inspectors are adequately trained for the performance of their duties, both on entering the service and subsequently.

Articles 10 and 16. Please indicate, bearing in mind the various duties conferred on the Inspectorate of Labour and Social Legislation, whether the number of labour inspectors is sufficient to ensure that workplaces liable to inspection are inspected as often and as thoroughly as is necessary.

Article 11, paragraph 1. The Committee notes that the inspection services are encountering practical difficulties owing to the lack of material means at their disposal. Please indicate the measures taken or contemplated to remedy these difficulties.

Article 11, paragraph 2. Please indicate the arrangements made to ensure that labour inspectors are reimbursed for any travelling and incidental expenses which may be necessary for the performance of their duties.

Article 13, paragraph 2(b). The Committee notes the Government's statement that, as part of the revision of the Labour Code, section 128 is to be amended to include a subsection empowering inspectors of labour and social legislation to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers. It hopes that measures to give full effect to this provision will be taken shortly and requests the Government to provide information on any progress made in this respect.

Article 14. The Committee notes that, under section 80 of the Social Welfare Code, any occupational accidents or diseases noted in the workplace must be notified to the National Social Welfare Fund. Please indicate the manner in which the Inspectorate of Labour and Social Legislation is informed of occupational accidents and diseases.

Articles 20 and 21. The Committee notes that the annual report on the work of the inspection services has not been received by the ILO. It hopes that, in future, these reports, containing information on all the subjects listed in Article 21, will be published and transmitted within the time-limit established in Article 20.

The Committee also requests the Government to enclose with its next report the following texts which it referred to in its first report: General Order No. 2442/IGT of 10 June 1946 respecting the organisation and operation of the labour inspectorate; Order No. 19 MTIC-CAB of 13 August 1977 concerning the attributions of the Abidjan independent labour inspection service; Order No. 32 MTIC-DCSR of 23 September 1978 establishing the regional labour and employment directorates; and Circular No. 390/MTAS/CAB of 17 March 1980 concerning the supervision of the activities of labour inspectors.