Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Togo

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2012)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2012)

Previous comment

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

Articles 3, 11 and 16 of Convention No. 81 and Articles 6, 15 and 21 of Convention No. 129. Functioning and material resources of the labour inspection service. Effectiveness of the system. In reply to the Committee’s previous comments, the Government indicates that the further duties entrusted to labour inspectors do not interfere with the effective discharge of their primary duties. The Committee notes, however, that under the provisions of the new Labour Code of 2021, labour inspectors are still entrusted with conciliation duties. According to the Government, in 2018, in the exercise of their conciliation and social dialogue promotion mandates, the labour inspection services managed a total of 1,082 individual disputes and 118 collective disputes. Individual disputes rose by 9.89 per cent from 2017 to 2018.

In reply to the Committee’s previous comments concerning the reduction of the budget allocated to the labour inspection services from 2016 to 2017, the Government explains that this reduction was a result of the fact that the budgets of the Ministries and state institutions were cut by the Government in 2017, as well as the fact that the budget lines of the General Directorate of Labour (DGT) relating to electricity and water expenses were removed and reallocated to the budget of the line Ministry.

With regard to the number of inspectors, the Committee notes that, according to the information published on the DGT’s website, the number of inspectors was 128 in 2018, 124 in 2019, 121 in 2020, 117 in 2021 and 122 in 2022. The Government indicates that in 2018, a total of 1,048 inspection visits were carried out nationwide (compared to 946 visits in 2017), including 336 in the informal economy. As to material and financial resources, the Government reiterates the lack of vehicles (the DGT has five vehicles) and indicates that inspectors working outside Lomé must use their own means to carry out inspection visits. The Government points out, however, that there are no provisions for the reimbursement of their travel expenses, or any incidental expenses incurred in the performance of their duties. Moreover, some services lack office space. In Lomé, for example, four of the six zonal inspectorates are still located on the DGT’s premises, posing a problem in terms of these services’ proximity to users. The Government also indicates that some material resources (IT and logistics) are still insufficient, while others are virtually non-existent (in particular, documentary support and light and noise measuring equipment). The Committee once again requests the Government to take the necessary measures to ensure that the labour inspection services have at their disposal the material resources necessary to enable them to perform their duties effectively, including by allocating the necessary financial resources and transport facilities, and to provide information on any progress achieved in this regard, including up-to-date information on the inspection budget. The Committee also requests the Government to provide information on the time and resources allocated to conciliation duties compared to those devoted to the performance of the primary duties of inspection and control. The Committee further requests the Government to take specific measures to address the challenges identified in this comment, and reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

Article 5(a) of Convention No. 81 and Article 12(1) of Convention No. 129. Effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities. Cooperation with judicial bodies. With reference to its previous comments, the Committee notes the Government’s indication that, despite the large number of violations observed in 2018 (10,033 violations), only 2 prosecution reports were issued. The Committee notes that section 238 of the Labour Code of 2021 essentially reproduces the wording of the former section 187 under which, in the event of a refusal to comply with the financial arrangement ordered by the labour inspector, a report is referred to the Public Prosecutor with a view to prosecution. The Committee once again requests the Government to provide information on the specific measures taken in practice to ensure cooperation between the labour inspection services and judicial bodies, as well as the results achieved in this regard, including the number of cases referred by the labour inspection services to the Public Prosecutor and the Labour Court.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes that, according to the Government’s indications, under section 233 of the Labour Code, a decree in the Council of Ministers lays down the special status of inspectors, who must be provided with the material and financial resources necessary for their independence and the performance of their duties. The Government indicates that the decree provided for in the above-mentioned section has not yet been adopted. Labour inspectors, therefore, do not have special status, but are governed by the provisions of the General Public Service Regulations and their implementing decree. The Government adds, however, that negotiations are under way to give them special status. The Committee requests the Government to provide information on the progress achieved in adopting special status for labour inspectors, and to provide a copy once it has been adopted.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Conditions concerning the recruitment and training of labour inspectors. The Committee notes that, in reply to its previous comment, the Government indicates that in 2018, out of 128 inspectors, only 1 category A1 labour inspector underwent further training (compared to 3 in 2017). The Government adds that a request for further training for inspectors was communicated to the ILO in 2023. The Committee requests the Government to provide up-to-date information on the measures taken to ensure that labour inspectors receive appropriate training for the performance of their duties, including with the technical assistance of the Office.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Appropriate penalties and effective application. Further to the Committee’s previous comment, the Government indicates that monitoring visits by labour inspectors detected 10,033 violations, compared to 9,480 violations in 2017. A large proportion of the violations committed, or 34.88 per cent, were related to mandatory documents, postings and institutions, followed by violations relating to contracts and conditions of work (24.84 per cent), and violations relating to workplace safety, equipment and the well-being of workers (24.76 per cent). The Government also indicates that in 2018, inspectors issued 1,315 letters of observation and 142 warnings. The Committee notes that, despite the number of violations observed, only two prosecution reports were issued and the closure of one establishment ordered. Noting the low number of reports, the Committee requests the Government to provide information on the measures taken to ensure that inspectors are able to issue appropriate penalties in relation to the violations observed. It also requests the Government to provide up-to-date information on the violations observed during inspection visits.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Annual reports on the work of the inspection services. The Committee notes the communication of the report on the activities of the labour inspection system of 2018, annexed to the Government’s report. The Committee notes, however, that reports for subsequent years have not been provided. It recalls that such reports must be published within a reasonable time after the end of the year to which they relate and in any case within 12 months. The Committee encourages the Government to continue its efforts to prepare and communicate an annual report on labour inspection, ensuring that it contains all elements listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.