Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Labour Inspection Convention, 1947 (No. 81) - Madagascar (Ratification: 1971)

The Committee notes the observations of the Autonomous Trade Union of Labour Inspectors (SAIT), received on 29 January 2015, and the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015.

Article 6. Status and conditions of service of labour inspectors and controllers. In its previous comments, the Committee asked the Government to undertake an in-depth examination of the transfers of labour inspectors to very remote locations in the month following their participation in industrial action, as referred to by the SAIT in its previous observations, and to take the necessary measures to ensure that the draft Decree on the statute of labour inspectors be adopted and enacted as soon as possible. The Committee notes that the SAIT, in its new observations, maintains that the body of labour inspectors is bound to disappear in the future owing to the attrition rate of staff, as every year five to eight labour inspectors change post or even service. Unlike staff of other services trained in the National School of Administration (ENA), there are no special regulations for labour inspectors providing for compensation to alleviate the problem of their precarious work, or risk allowance, even though labour inspectors are constantly exposed to dangers in the workplaces they monitor. SEKRIMA notes the need for inspectors to have career prospects that value their seniority. The Government indicates that the country is regaining stability and steadily returning to constitutionality following the crisis. In this regard, the Committee notes with interest that, according to the Government, the measures taken in this climate of political instability and the decisions relating to transfers mentioned by the SAIT, which do not contribute to this process, are no longer taken into consideration. The Government also indicates that the SAIT took media action to prompt the State to improve the working conditions of labour inspectors through the promulgation of special regulations for them and that it has begun negotiations with the Government. Lastly, the Government states that it expresses the hope that there will be an improvement of the conditions of service of labour inspectors. The Committee hopes that the Government will take the necessary measures to ensure that the regulations for labour inspectors will be adopted and that the conditions of service of labour inspectors will be improved.

Articles 7, 10 and 11. Training and means of action of labour inspectors and labour controllers. In its previous comments, the Committee asked the Government to provide information on the type, content, duration and frequency of the training provided to labour inspectors, and on the number of inspectors who have benefited from such training. The Committee notes SEKRIMA’s statement that it is necessary to periodically strengthen the capacities of labour inspectors. The Government refers to the urgent need to strengthen the competencies of labour inspectors in the light of the development of the labour market which is increasingly targeted towards the mining, agricultural and technology sectors.

The SAIT also emphasizes the deterioration of the working conditions of labour inspectors: there are two or even three inspectors to one office; the furniture is dilapidated and office material, such as paper, computers and printers, is scant; and that the labour inspectorate does not have any vehicle for visits to workplaces.

While also recognizing the urgent need to equip labour inspection with the material means for the discharge of the duties of inspectors and controllers, the Government expresses the wish to benefit from assistance in order to restore the proper functioning of the labour inspection system. The Committee hopes that the Office will provide the technical assistance requested by the Government so that a needs assessment relating to labour inspection can be carried out, with a view to enabling the effective discharge of the functions of the system of labour inspection.

Articles 19–21. Submission of periodic reports to the central inspection authority, and the preparation, publication and transmission of the annual inspection report. In its previous comments, the Committee noted the difficulties in collecting and routing data from regional offices outside of Analamanga. It requested the Government to provide a copy of one of the periodic reports drawn up by these local offices and to specify how they are compiled and sent to the central authority. The Committee notes that, contrary to the indication in the report, the Government has not provided a copy of these reports. The only information it has provided in relation to the periodic reports is the fact that the competent authority requires labour inspectors to produce the periodic reports and that obstacles remained to the establishment of the reports required under these provisions. The Committee hopes that the Government will take the necessary measures, including through a request for technical assistance, to set up a data collection and compilation system for the preparation by the local inspection offices of periodic reports, and that this will in turn enable the central inspection authority to prepare an annual report in conformity with the relevant provisions of the Convention.

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