Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Democratic Republic of the Congo (Ratification: 1967)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Article 1 of the Convention. Scope of the Convention. Article 2. Exclusion of specific categories of workers from the application of the Convention. The Committee notes the Government’s information to the effect that the provisions of the Convention apply to establishments and enterprises governed by the Labour Code, except for public service departments governed by Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of the state public services. The Committee notes that under Article 2 of the Convention it is possible, after consultation with the organizations of employers and workers directly concerned, to exclude specified categories of establishments, institutions or administrative services, or departments thereof, from the application of the Convention. However, the Committee notes that no details have been supplied by the Government regarding consultations that have already been held on this matter. The Committee requests the Government to supply any relevant information on consultations that have taken place on this matter and on the measures taken or contemplated to ensure that the provisions of the Convention are also applied in the public service.

Article 5. Legislation and prior consultation of the representative organizations of employers and workers concerned. The Committee notes Order No. 12/CAB.MIN/ETPS/043/2008 of 8 August 2008 establishing the structure and operations of committees for occupational health and safety and workplace improvement, adopted by the National Labour Council, which is composed of equal numbers of representatives of the State, the workers and the employers. The Committee requests the Government to continue providing information on the legislation giving effect to the provisions of the present Convention and of the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120), and on tripartite consultations relating to them.

Article 7 (maintenance and cleanliness of premises and equipment). Article 8 (ventilation of premises). Article 9 (sufficient and suitable lighting). Article 10 (workplace temperature). Article 11 (layout of premises). Article 12 (sufficient supply of drinking water). Article 13 (sanitary conveniences). Article 14 (suitable seats). Article 15 (suitable facilities for workers to change, leave and dry clothes). Article 16 (underground and windowless premises). Article 17 (substances, processes and techniques which are obnoxious, unhealthy or toxic). Article 18 (noise and vibrations). The Committee observes that the Government refers briefly in its report to Order No. 12/CAB.MIN/ETPS/043/2008 of 8 August 2008 establishing the structure and operations of committees for occupational health and safety and workplace improvement. However, the Committee notes that the Order does not appear to give effect to the abovementioned provisions of the present Convention. The Committee requests the Government to supply information on the relevant provisions of its legislation which give effect to Articles 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of the Convention and to send a copy of them.

Application in practice. The Committee notes that the Government refers to the latest annual report (for 2011) attached to the report on the Labour Inspection Convention, 1947 (No. 81). With regard to the operation of the labour inspectorate, the Committee requests the Government to refer to its comments on Convention No. 81. Noting the information contained in the annual report, it would also be grateful if the Government would supply detailed information on infringements reported and penalties imposed by the labour inspectorate in the “commerce and offices” branch of economic activity. The Committee also requests the Government to give a general description of the manner in which the Convention is applied, including, for example, extracts from official reports and information on any practical difficulties encountered in its application.