Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Inspection Convention, 1947 (No. 81) - Guinea-Bissau (Ratification: 1977)

The Committee takes note of the comments on the application of the Convention by the National Union of Workers of Guinea (UNTG–CS), sent with the Government’s report.

Articles 3, 7, 10, 11 and 16 of the Convention. Comments by workers’ organizations. The UNTG–CS considers that it is necessary to build the financial, technical and material capacity of the inspection services so as to optimize the performance of their supervisory duties, and to reinforce the authority of the courts so that they in turn are in a position to ensure that the provisions are better applied.

The Government indicates that the General Labour Inspectorate (IGT) is having serious difficulty in carrying out its functions: (1) the numbers of inspectors are too low; (2) their facilities are cramped and are therefore an impediment to the confidentiality needed for the proper discharge of the inspectors’ duties; and (3) only one vehicle is available, so inspectors lack the mobility they need to meet the demands of the labour market.

The Committee also notes that, according to the Government’s report, the IGT consists of 16 inspectors and provides conciliation services for employers and workers for the settlement of disputes. The Committee is bound to stress in this connection that the main role of the labour inspectorate is to enforce the legal provisions on conditions of work and the protection of workers. It also points out that according to Article 3(2) of the Convention, if duties other than those set in this provision are entrusted to labour inspectors, they shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. Furthermore, the Committee draws the Government’s attention to the obligations laid down in Articles 7 and 11 of the Convention under which the competent authority shall make the necessary arrangements to furnish labour inspectors with adequate training for the performance of their duties, offices suitably equipped in accordance with the requirements of the service and accessible to all persons concerned, and the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist, and to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the performance of their duties. The Committee therefore asks the Government to take measures to ensure that the primary duties of labour inspectors pertain to the supervisory functions set forth in Article 3(1) of the Convention; and to ensure that measures are promptly taken to provide labour inspectors with adequate financial and material resources to cover their needs, including training, so that they may discharge their functions effectively. The Committee would be grateful if the Government would inform the Office of any such measures to this end, including in the context of international cooperation, and to point out any difficulties encountered. The Committee reminds the Government that it may avail itself of the technical assistance of the Office should it so wish.

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