Labour Administration Convention, 1978 (No. 150) - Guinea (Ratification: 1982)

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

Legislation. Further to its previous comment, in which it noted the adoption of the new Labour Code (Act No. L/201/072/CNT of 10 January 2014), the Committee notes the Government’s indication that the implementing text for the new Labour Code is being prepared and that a copy will be provided as soon as they are enacted. The Committee requests the Government to provide a copy of the text implementing the Labour Code as soon as it is adopted, so that the Committee may carry out a full analysis of the new legislation.

Articles 4 and 10 of the Convention. Organization and operation of the labour administration. In its previous comments, the Committee noted the Government’s indication that it was difficult to assess the labour administration system due to the dispersal of its functions among several ministerial departments. The Committee also noted the Government’s indication that it had requested assistance from the Office to carry out a study on the organization and operation of the Ministry of Labour and the Public Service, with the aim of consolidating the services of the labour administration and strengthening their capacity. In this regard, the Committee notes that, according to the information contained in the Government’s report and its report under the Labour Inspection Convention, 1947 (No. 81), significant efforts have been made since 2012 to ensure that the labour administration services are grouped under the National Directorate of Labour, Employment and Labour Legislation, which itself is under the authority of the Ministry of Technical Education and Vocational Training, Employment and Labour, as are the General Labour Inspectorate (IGT), the National Social Security Fund (CNSS), the Guinean Employment Promotion Agency (AGUIPE) and the National Office of Vocational and Further Training (ONFPP).

The Committee also refers to its previous comments in which it noted the findings of a survey carried out in 2004 by the National Committee to Combat Corruption (ANLC) in collaboration with several international organizations, according to which the governance problems experienced by the country appear to be mainly due to the misappropriation of public funds and corruption in the public sector. The Committee notes the Government’s indication in its report that, based on these findings, it intends to take a number of measures, including: the development of a new policy based on labour administration reforms; the allocation of the financial resources required by the labour administration; and the development of training in the context of combating corruption. The Committee requests the Government to provide detailed information on the composition and coordination of the labour administration services following their reorganization, including, where possible, an organizational chart of these services, as well as information on the status, working conditions and training of their staff. It also requests the Government to continue providing information on the measures taken or envisaged to strengthen the capacities, and particularly the financial capacities, of the labour administration and to combat corruption in the public sector, and to attach the report on the work of the ANLC.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). The Committee requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Article 10 of the Convention. Functioning of the labour administration system. The Committee notes the information supplied by the Government to the effect that the labour administration system is difficult to assess because its functions are shared among several ministerial departments. The Committee notes with concern the findings of a survey carried out in 2004 by the National Committee against Corruption and for Economic and Financial Accountability (CNLC), in conjunction with the World Bank, the Users’ Committee and Stat View International (SVI) provided by the Government. According to a summary of the abovementioned survey as regards governance, the misuse of public funds and corruption in the public sector seem to be the main problems facing the country. The survey indicates that only three ministerial departments, and the Ministry of Labour is not among them, are deemed to be effective. As regards recruitment in the public administration, the report points out that vacancies are not always filled by the best qualified candidates.

In this context, the Committee notes the information that the Government has applied to the ILO for assistance to carry out a study on the organization and running of the Ministry of Labour and the Public Service with a view to regrouping the labour administration services into a single department and building their capacities, and that the study was scheduled to be validated in the first quarter of 2012. The Committee requests the Government to provide information on the formal steps taken to obtain assistance from the Office and on any progress made in reorganizing the system of labour administration and strengthening of its functions, coordination, staff and financial resources. Please also provide a copy of the final report of the CNLC containing the recommendations and indicate any follow-up measures in this connection.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 10 of the Convention. Functioning of the labour administration system. The Committee notes the information supplied by the Government to the effect that the labour administration system is difficult to assess because its functions are shared among several ministerial departments. The Committee notes with concern the findings of a survey carried out in 2004 by the National Committee against Corruption and for Economic and Financial Accountability (CNLC), in conjunction with the World Bank, the Users’ Committee and Stat View International (SVI) provided by the Government. According to a summary of the abovementioned survey as regards governance, the misuse of public funds and corruption in the public sector seem to be the main problems facing the country. The survey indicates that only three ministerial departments, and the Ministry of Labour is not among them, are deemed to be effective. As regards recruitment in the public administration, the report points out that vacancies are not always filled by the best qualified candidates.

In this context, the Committee notes with interest the information that the Government has applied to the ILO for assistance to carry out a study on the organization and running of the Ministry of Labour and the Public Service with a view to regrouping the labour administration services into a single department and building their capacities, and that the study was scheduled to be validated in the first quarter of 2012. The Committee requests the Government to provide information on the formal steps taken to obtain assistance from the Office and on any progress made in reorganizing the system of labour administration and strengthening of its functions, coordination, staff and financial resources. Please also provide the Office with a copy of the final report of the CNLC containing the recommendations and indicate any follow-up measures in this connection.

[The Government is asked to report in detail in 2014.]

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

While noting the information in the reports communicated by the Government in June, September and November 2006, the last of these having been sent by the Dakar regional office, the Committee is still not in a position to assess the operation of the labour administration system in practice.

Articles 4 and 10 of the Convention and Part IV of the report form. The Committee requests the Government once again to communicate extracts of any reports or other periodic information on the nature and volume of the activities of the main bodies of the labour administration system, as well as the financial resources and staff allocated to them.

Noting the Government’s reference to government restructuring, the Committee requests it to send a copy of the new organization chart of the labour administration system and any relevant legal and practical information concerning the impact of this restructuring on the application of each of the provisions of Article 6 of the Convention.

Finally, the Committee requests the Government to communicate the conclusions of the national inquiry of 2006 into corruption and governance and the extent of corruption within the labour administration and also, if applicable, any recommendations made and measures taken in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

While noting the information in the reports communicated by the Government in June, September and November 2006, the last of these having been sent by the Dakar regional office, the Committee is still not in a position to assess the operation of the labour administration system in practice.

Articles 4 and 10 of the Convention and Part IV of the report form. The Committee requests the Government once again to communicate extracts of any reports or other periodic information on the nature and volume of the activities of the main bodies of the labour administration system, as well as the financial resources and staff allocated to them.

Noting the Government’s reference to government restructuring, the Committee requests it to send a copy of the new organization chart of the labour administration system and any relevant legal and practical information concerning the impact of this restructuring on the application of each of the provisions of Article 6 of the Convention.

Finally, the Committee requests the Government to communicate the conclusions of the national inquiry of 2006 into corruption and governance and the extent of corruption within the labour administration and also, if applicable, any recommendations made and measures taken in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

While noting the information in the reports communicated by the Government in June, September and November 2006, the last of these having been sent by the Dakar regional office, the Committee is still not in a position to assess the operation of the labour administration system in practice.

Articles 4 and 10 of the Convention and Part IV of the report form. The Committee requests the Government once again to communicate extracts of any reports or other periodic information on the nature and volume of the activities of the main bodies of the labour administration system, as well as the financial resources and staff allocated to them.

Noting the Government’s reference to government restructuring, the Committee requests it to send a copy of the new organization chart of the labour administration system and any relevant legal and practical information concerning the impact of this restructuring on the application of each of the provisions of Article 6 of the Convention.

Finally, the Committee requests the Government to communicate the conclusions of the national inquiry of 2006 into corruption and governance and the extent of corruption within the labour administration and also, if applicable, any recommendations made and measures taken in this regard.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

While noting the information in the reports communicated by the Government in June, September and November 2006, the last of these having been sent by the Dakar regional office, the Committee is still not in a position to assess the operation of the labour administration system in practice.

Articles 4 and 10 of the Convention and Part IV of the report form. The Committee requests the Government once again to communicate extracts of any reports or other periodic information on the nature and volume of the activities of the main bodies of the labour administration system, as well as the financial resources and staff allocated to them.

Noting the Government’s reference to government restructuring, the Committee requests it to send a copy of the new organization chart of the labour administration system and any relevant legal and practical information concerning the impact of this restructuring on the application of each of the provisions of Article 6 of the Convention.

Finally, the Committee requests the Government to communicate the conclusions of the national inquiry of 2006 into corruption and governance and the extent of corruption within the labour administration and also, if applicable, any recommendations made and measures taken in this regard.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

While noting the information in the reports communicated by the Government in June, September and November 2006, the last of these having been sent by the Dakar regional office, the Committee is still not in a position to assess the operation of the labour administration system in practice.

Articles 4 and 10 of the Convention and Part IV of the report form. The Committee requests the Government once again to communicate extracts of any reports or other periodic information on the nature and volume of the activities of the main bodies of the labour administration system, as well as the financial resources and staff allocated to them.

Noting the Government’s reference to government restructuring, the Committee requests it to send a copy of the new organization chart of the labour administration system and any relevant legal and practical information concerning the impact of this restructuring on the application of each of the provisions of Article 6 of the Convention.

Finally, the Committee requests the Government to communicate the conclusions of the national inquiry of 2006 into corruption and governance and the extent of corruption within the labour administration and also, if applicable, any recommendations made and measures taken in this regard.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Application in practice. The Committee invites the Government, in its next reports, to provide further information on the legislation governing the organization and functions of the labour administration system that will allow the Committee to assess its operation in practice. Please in particular communicate extracts of any reports or other periodic information on the nature and volume of the activities of the main bodies of the labour administration system, as well as the financial resources and staff allocated to them (Articles 4 and 10 of the Convention and Part IV of the report form). Please also provide examples of issues dealt with by the Advisory Committee on Labour and Social Legislation, indicating the opinions issued and the manner in which they were taken into account (Article 5). Please indicate whether the country received any assistance or advice through technical cooperation from the ILO with regard to the labour administration and indicate the measures taken or envisaged as a result (Part V of the report form).

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

The Committee notes the Government’s report for the period ending in September 2000. It takes note of the information on the recent changes in the organization and distribution of responsibilities of the labour administration following the Decree of 5 May 1997 to organize the Ministry of Employment and the Public Service. According to the Government, this Ministry is responsible, through its central directorates, for framing legislation on industrial relations, social security, occupational safety, employment and vocational training and for supervising its enforcement through a system of labour inspection. The Guinean Agency for Employment Promotion (AGUIPE) reports to the same Ministry and is responsible, in cooperation with the National Directorate of Employment and the Regulation of Work, for framing and implementing the Government’s employment policy. Vocational training is the responsibility of the National Office for Vocational Training and Further Training (ONFPP) which is now under the authority of the Ministry of Technical Education and Vocational Training; whereas the National Social Security Fund (CNSS) now reports to the Ministry of Social Affairs, the Advancement of Women and Childhood. The Committee also notes the general information and particulars of the legislation concerning the new structure and system of operation of the labour administration, and would be grateful if the Government would send the Office a copy of all the texts forming part of the existing legislation, together with information on the subjects dealt with at the ONFPP, the AGUIPE and the CNSS indicating how, in practice, coordination between the various bodies responsible for labour administration functions is ensured, taking account of the distribution of responsibilities between several ministries.