Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Labour Inspection Convention, 1947 (No. 81) - Sudan (Ratification: 1970)

With reference also to its observation on the Convention, the Committee requests the Government to provide additional information on the following points.

1.  Effective collaboration between officials of the labour inspectorate and employers and workers or their organizations.  The Committee notes from the Government’s report, in reply to its previous comments concerning measures taken to give effect to Article 5(b) of the Convention, that such collaboration is secured within a tripartite commission entrusted with examining applications for the reduction of the labour force made by employers under the terms of section 56(6) of the Labour Code of 1997. The Committee finds itself bound to emphasize, as indicated in paragraphs 282 et seq. of its 1985 General Survey on labour inspection, that the collaboration envisaged by this provision of the Convention should be designed essentially to improve working conditions, and particularly health and safety at the workplace. It also recalls that guidance is provided in this respect by Part II of Recommendation No. 81, which supplements the present Convention. The Committee notes that, in accordance with section 70 of the Labour Code, a national industrial relations council and regional councils were to be established whose mandate includes providing assistance to the Minister and to the governors of the regions for the organization, development and promotion of industrial relations in such a manner as to develop a favourable working and productive environment and that, furthermore, under the terms of section 27 of the Labour Code, special commissions were to be established to determine the conditions of employment of young persons and determine the maximum weights that workers over 15 years of age may be required to carry, push or lift; the Committee would be grateful if the Government would indicate whether it is envisaged that labour inspectors should be involved in these commissions. It also requests the Government to provide copies to the ILO of any relevant legal texts.

Status of labour inspectors.  The Committee notes that, in accordance with section 15(1) of the Labour Code, officials duly delegated by the Ministry may at any time visit establishments with a view to their inspection or to verify and examine documents and registers respecting workers. Under the terms of section 15(2) of the Labour Code, a ministerial order shall be made to determine inspection procedures and issue rules respecting the professional identity cards of labour inspectors. Under section 69(1), any person having obtained the approval of the competent authority may enter at any time during working hours, by day or by night, any location which may be an enterprise employing one or more workers and require the provision by the employer, the owner or the workers of information respecting the application of the provisions of the Code. Inspectors in the field of safety are, under sections 87(1) and 88 of the Labour Code, appointed by the competent authority and have a right of free entry into establishments liable to their supervision during working hours by day or by night, either to carry out inspections or to investigate industrial accidents, examine the equipment and products used and take samples. The Committee requests the Government to provide details on the manner in which officials responsible for labour inspection, other than those responsible for health and safety, are recruited or appointed and to indicate whether, as required by Article 6, they benefit from a status and conditions of service which are such as to assure them of stability of employment and independence of any changes of government and of improper external influences.

Respect by labour inspectors of the confidentiality of certain information obtained in the course of their duties.  With reference to the above provisions of the Labour Code, which envisage that various categories of persons may discharge inspection functions under the terms of the law or under the control of the competent authority, in establishments liable to such supervision, the Committee would be grateful if the Government would provide details on the manner in which effect is given to Article 15(b) and (c), which prohibit labour inspectors from revealing any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties, as well as the source of any complaint or the reason for an inspection visit.