Labour Inspection Convention, 1947 (No. 81) - Senegal (Ratification: 1962)

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

Previous comment

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. In reply to the Committee’s previous comment, the Government indicates that the labour inspection services consider enforcement activities to be a preponderant mission and that, despite fairly important conciliation and mediation duties, the labour inspection services devote the fundamental part of their activities to enforcement, which are covered by an annual work plan established at the beginning of each year pay the heads of the labour inspection services. Recalling the importance of avoiding overburdening inspection services with tasks which by their nature may in certain countries be understood as incompatible with their primary function of enforcing legal provisions (paragraph 72 of the 2006 General Survey on labour inspection), the Committee notes that the enforcement activities of labour inspectors have been increasing since 2020 (2,822 workplaces inspected in 2020, 2,918 in 2021 and 5,112 in 2022) and that, in parallel, the number of conciliations attempted have been substantially lower (2,787 in 2019, 1,686 in 2020, 1,544 in 2021 and 1,707 in 2022). While noting this information, the Committee requests the Government to continue providing information on the number of inspections carried out in enterprises by labour inspectors, and the number of cases of mediation and conciliation attempts of labour disputes which have been referred to them.

Article 6. Status and conditions of service of labour inspectors. The Committee notes that, in reply to its previous comment, the Government indicates that in July 2022, following a general increase in wages in the public service, officials in the labour and social security inspection services benefited from a salary adjustment of 300,000 CFA francs for inspectors (grade A1) and 150,000 CFA francs for controllers (grade B1). The Committee also notes that, according to the indications provided by the Government, under the terms of Order No. 041077 of 8 December 2021, the amount of the bonus to combat social evasion (that is the total or partial dissimulation of an activity) allocated to labour inspectors rose from 200,000 to 400,000 CFA francs a month. While noting this information, the Committee requests the Government to indicate whether measures have been taken to revise Decree No. 77-884 of 10 October 1977 issuing the specific conditions of service of labour and social security officials.

Article 7.Recruitment and training of personnel in the inspection services. The Committee notes the Government’s indication in response to its previous comment that inspection personnel: (i) are recruited by competition from persons with a master degree (labour inspectors) or baccalaureate (labour controllers); (ii) benefit from a two-year training course at the National School of Administration which is provided by very experienced labour inspectors and higher educational personnel; and (iii) receive regular further training through internal capacity-building sessions and at the African Regional Centre for Labour Administration (CRADAT) and the Turin International Training Centre. The Committee also notes that cooperation with certain countries, such as Germany, has led to significant progress being achieved in the training of labour inspectors and controllers, that the strengthening of capacities of those engaged in occupational safety and health is among the priorities of the National Occupational Safety and Health Programme 2023-27 and that, with a view to promoting the adoption of safety-conscious behaviour at all workplaces, certain universities and institutes provide initial and/or further training for the principal actors engaged in prevention, such as members of supervisory institutions. The Committee notes the information provided by the Government which addresses its previous comment.

Articles 10, 11 and 16. Human and material resources of the inspection system. In reply to the Committee’s previous comment, the Government indicates that its will to give effect to the Convention has resulted in: (i) a clear increase in the level of the equipment provided to labour inspectors; (ii) the construction or rehabilitation, extension and improvement of the premises of all labour inspection services, with the exception of those in Dakar, Rufisque and the free industrial zones; (iii) the regular increase in operating credits; and (iv) the allocation of appropriate vehicles to all inspection services. The Government adds that cooperation with Germany has also made it possible to achieve a major improvement in the conditions of work of the personnel of the inspection services and the logistical and IT equipment available to them. However, the Committee notes that, of the 22 vehicles made available to the inspection services, 16 are in a bad (or very bad) condition, broken down or immobilized. The Committee further notes that the number of inspectors and controllers fell from 134 in 2019 to 128 in 2022. While welcoming the improvements made, including those resulting from cooperation, the Committee requests the Government to continue providing information on the number of members of the personnel of the labour inspection services, as well as detailed information on the financial and material resources available to the inspection services.

Articles 17 and 18. Effective enforcement of appropriate penalties for the violation of legal provisions. The Committee notes the Government’s indication in reply to its previous comment that in 2022 only two non-compliance reports were drawn up, representing 0.04 per cent of the measures adopted following inspections. According to the Government, this situation can be explained by the fact that labour inspectors give priority to advice, dialogue and a pedagogical approach. According to the Government’s indications, it is only in the most serious cases that measures of constraint or repression are applied. The Committee recalls that the correct balance needs to be found between the advisory functions of the labour inspection services and their law enforcement functions. These functions need to be governed and distributed in a balanced manner within the framework of a global strategy. The Committee observes that the power of labour inspectors to impose penalties, when they are justified and motivated by the aim of future dissuasion, is an important component of any prevention strategy. The Committee further notes the Government’s indication of the number of individual disputes (724) that have been referred to labour tribunals, but does not provide information on the cases of non-compliance reported. The Committee requests the Government to provide information on the manner in which it ensures an appropriate balance between the advisory and enforcement functions of the labour inspection services within the framework of an overall strategy for the effective application of the law. The Committee also once again requests the Government to provide specific information on the number of documents submitted annually by the labour inspection services to prosecutors and the courts, the number of cases in which legal proceedings or court action has been taken, and their outcome.

Article 18. Adequate penalties established by the national legislation for the violation of legal provisions. In reply to the Committee’s previous comment, the Government indicates that, within the framework of the work for the revision of the Labour Code a complete title is devoted to penalties and that account is indeed taken of the issue of the proportionality of the violations committed and the penalties imposed. The Government adds that, under the terms of Circular No. 000794 of 20 November 2020, a labour inspector can now impose a fine directly on any party which does not respond to being convened in the context of the settlement of individual labour disputes. The fine can be a maximum of 500,000 CFA francs. The Committee requests the Government to continue providing information on the process of reviewing the penalties imposed for violations of labour legislation.

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

Previous comment

Article 12(1)(a) of the Convention. Powers of investigation of labour inspectors. Further to the Committee’s previous comment, the Government maintains that the provisions of section L.197 of the Labour Code, subsection 2 of which provides that labour and social security inspectors shall be empowered to enter premises at night in which it is clear that collective work is being undertaken, are not in contradiction with those of Article 12(1)(a) of the Convention. The Government reaffirms that labour inspectors are empowered to enter all establishments liable to inspection. The Committee recalls once again that, in accordance with Article 12(1)(a), labour inspectors shall be empowered to enter freely at any hour of the day or night any workplace liable to inspection, and not only workplaces in which it is clear that collective work is being undertaken. The Committee therefore urges the Government to take all the necessary measures to bring section L.197(2) of the Labour Code into conformity with Article 12(1)(a) of the Convention in order to ensure that labour inspectors are able to enter freely at any hour of the day or night any workplace liable to inspection, and not only establishments in which it is clear that collective work is being undertaken.

Article 13(2)(b). Measures with immediate executory force in regard to occupational safety and health. In reply to the Committee’s previous comment, the Government indicates that: (i) it has always demonstrated the will to allow labour and social security inspectors to order such measures without first having to determine whether or not there is a violation of the provisions of the laws and regulations applicable in industrial or commercial workplaces; and (ii) that reforms in this respect are ongoing. The Committee requests the Government to renew its efforts to bring the law and practice as soon as possible into full conformity with Article 13(2)(b) of the Convention, which allows inspectors to impose measures with immediate executory force in the event of imminent danger to the health or safety of the workers in all industrial and commercial establishments, without the prior obligation to determine the existence of a violation of the provisions of laws or regulations.

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. In its previous comment the Committee noted that in 2015 the labour inspection services dealt with a significant number of individual and collective labour disputes, tasks that could be incompatible with inspectors’ primary function of ensuring respect for the law, and had requested the Government to provide information on the time and resources devoted by labour inspectors to the additional functions of conciliation and mediation. The Committee notes the Government’s statement that the conciliation function fulfilled by the labour inspectors does not hamper them in discharging their primary duty of inspection, as shown by the increase from 2,557 inspections carried out in 2017, to 4,189 inspections in 2018 and in conciliation exercises from 1,814 to 2,124 over the same period. The Committee requests the Government to continue providing information on the measures taken to ensure that the exercise of additional functions such as conciliation and mediation by labour inspectors does not interfere with the discharge of their primary functions.

Article 6. Status and conditions of service of labour inspectors. The Committee notes that, in response to its previous requests for information on any progress made in the revision of the conditions of service of labour inspectors, the Government indicates that, while Decree No. 77-884 of 10 October 1977 on the specific conditions of service of public servants in labour and social security has not yet been modified, a policy has been launched to improve the employment conditions of administration technical staff through measures including: (i) increasing the budgets allocated to the labour inspection services; (ii) improving the career prospects of labour inspectors by making secondment possible to other posts of responsibility in other administrations and public services; and (iii) improving the remuneration of labour inspectors and controllers. The Committee requests the Government to continue to provide information on the status and conditions of service of labour inspectors, in conformity with Article 6 of the Convention, and to submit to it a copy of any relevant new legislative or regulatory text.

Articles 7, 10, 11 and 16. Human and material resources of the inspection system and inspection visits. The Committee had previously noted that the number of inspectors had declined in 2016 and had requested the Government to take the necessary measures to ensure that there was a sufficient number of labour inspectors to secure the effective discharge of their duties. The Committee notes with interest the Government’s statement that the number of labour and social security inspectors and controllers responsible for inspection visits to enterprises increased from 64 in 2016 to 134 in 2019. The Government also indicates that greater material and logistical means and equipment, required to enable the inspectors to discharge their duties, have been placed at their disposal (construction of new inspection offices, renovation of premises, IT equipment, 39 dedicated vehicles). Welcoming this progress, the Committee requests the Government to supply information on the number of labour inspection staff members as well as detailed information on the financial and material resources placed at the service’s disposal, for example, the number of vehicles available to inspectors. Furthermore, the Committee requests the Government to provide more information on the recruitment procedure for labour inspectors, and to supply information on the measures taken to ensure that newly recruited labour inspectors receive adequate training, to allow them to discharge their duties effectively and independently, in particular specifying the frequency, attendance levels and the impact of the training activities.

Article 9. Association of technical experts and specialists in the work of the labour inspection services. The Committee notes that, in response to its previous request regarding the setting up of medical inspection services, the Government indicates that the difficulties in recruiting occupational physicians persist. However, it also indicates that labour inspectors can, by virtue of article L-197(3)(1) to (3) of the Labour Code, during the inspection visit and where necessary, call for advice from, or consult with, doctors and technicians, especially concerning matters of hygiene and safety; They may also request to be accompanied on their visits by doctors and technicians.

Article 12(1)(a). Powers of investigation of labour inspectors. In its earlier requests the Committee noted that article L.197(2) of the Labour Code, which allows labour and social security inspectors to visit workplaces by night only where collective work is undertaken, is not in conformity with the principle expressed in Article 12(1)(a) of the Convention, which provides that inspectors are empowered to enter freely and without previous notice, at night, any workplace liable to inspection. The Committee notes that the Government’s report shows no progress in that direction. The Committee requests the Government to provide information on the measures adopted or envisaged to bring article L.197(2) of the Labour Code into conformity with Article 12(1)(a) of the Convention, in order to ensure that inspection visits carried out at night are not limited solely to premises where collective work is undertaken, but are possible in all workplaces liable to inspection.

Article 18. Adequate penalties provided for by national law for violations of the legal provisions. The Committee notes that, in response to its earlier comments concerning the revision of the amounts of penalties imposed for violation of the labour legislation, the Government indicates that the minister for labour, under whose authority it lies, is consulting with the different technical services so as to propose, as soon as possible, the relevant draft texts. The Committee requests the Government to continue to supply information on the measures adopted for the revision of the amounts of penalties, so as to ascertain that the types of penalties applied for violations of the labour law are appropriate to the nature and gravity of the violation.

Articles 20 and 21. Annual labour inspection reports. The Committee notes the Government’s statement that the reports containing labour statistics, giving details of the activities undertaken by the labour inspection services in respect of the various areas of labour law, and containing the information on the subjects listed under Article 21 of the Convention, are published at the end of each year and made available to all users by the competent services of the ministry of labour. The Committee therefore welcomes the annual activity reports of the labour and social security inspection services for 2016, 2017 and 2018, available on the Government website.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 13(2)(b) of the Convention. Measures with immediate executory force in regard to occupational safety and health. The Committee previously noted that Decree No. 2006-1255 of 15 November 2006 limits the application of measures with immediate executory force in the event of imminent danger to health or safety of workers to situations arising from failure to comply with occupational safety and health laws or regulations (section 18), except in the building sector, where no violation of the legislation is required for an order of cessation of work (sections 19 and 20). The Government indicated that these limitations were being considered in the context of the reflections concerning the strengthening of the legal powers of labour inspectors. The Committee notes the Government’s statement in its report that the draft text strengthening the legal powers of labour inspectors, which necessitates the revision of a number of provisions of the national labour legislation, is under way and that the various actors concerned are concerting thereon. The Committee requests the Government to pursue its efforts to take the necessary measures to bring its legislation and practice into full conformity with Article 13(2)(b) of the Convention as soon as possible, allowing inspectors to impose measures with immediate executory force in the event of imminent danger to the health or safety of the workers in all industrial and commercial establishments, without the obligation to determine whether or not there is violation of the legislative or regulatory provisions.

Articles 17 and 18. Effective enforcement of adequate penalties for violations of legal provisions. Further to its previous comments, the Committee notes the statistics provided by the Government, and also that the numbers of compliance letters (556 in 2015; 1,062 in 2016; 1,069 in 2017; and 1,429 in 2018) and official notices (24 in 2015; 54 in 2016 and 56 in 2018) issued by labour inspectors requiring employers to conform with the legislation, have increased, while more severe measures, such as reports of non-compliance, have greatly reduced (58 in 2014; 2 in 2015; 0 in 2017; and 1 in 2018. The Committee requests the Government to provide information on the reasons for the reduced number of non-compliance reports issued. It also requests the Government to provide specific information on the number of documents submitted annually by the labour inspectorate to the prosecutors and judges, the number of cases where proceedings have been filed or legal action engaged, and the outcomes thereof.

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

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

Article 6 of the Convention. Status and conditions of service of labour inspectors. The Committee previously noted the proposed review of the conditions of service of labour inspectors as set forth in Decree No. 77-884 of 10 October 1977, including the strengthening of the powers of labour inspectors and controllers, improved wages and the implementation of a coherent policy concerning their career prospects. The Committee notes the Government’s indication in its report, in response to the Committee’s request that it will inform the Committee of any new developments in this regard, once they have occurred. The Committee once again requests the Government to provide information on any progress made in the revision of the conditions of service of labour inspectors.

Article 9. Association of technical experts and specialists in the work of the labour inspection services. The Committee notes the Government’s indications that although Decree No. 2006-1253 of 15 November 2006 provides for the setting up of medical inspection services, difficulties in the establishment of such services include wages that are inferior than in the private sector, which makes it difficult to attract occupational physicians. The Committee notes from information on the website of the Ministry of Labour, Social Dialogue, Professional Organizations and Institutional Relations that a discussion with occupational physicians was organized in July 2018 to discuss their association in the work of the labour inspection services. The Committee once again requests the Government to provide information on any progress made in this regard.

Article 12(1)(a) and (2). Powers of investigation of labour inspectors. The Committee previously noted that section 197 of the Labour Code limits the right of labour inspectors to visit workplaces by night, to workplaces where collective work is undertaken. The Committee notes the explanations provided by the Government, in response to its previous request, that labour inspectors have the right to freely enter any workplace liable to inspection, whether or not collective work is carried out therein. Taking due note of the Government’s indication regarding the powers of inspectors in practice, the Committee requests the Government to take the necessary measures to amend section 197 of the Labour Code to align it with the indicated practice and to give full effect to the principle of free entry of labour inspectors without previous notice at night to any workplace liable to inspection.

Articles 20 and 21. Annual labour inspection reports. The Committee notes that, once again, no annual report on the activities of the labour inspection services has been received. However, it notes that the 2015 report on labour statistics available on the website of the Ministry of Labour, Social Dialogue, Professional Organizations and Institutional Relations contains information on the number of industrial and commercial workplaces in the country, the workers employed therein, statistics on the number of labour inspection visits, as well as on occupational accidents and diseases. In view of the statistics already available, the Committee requests the Government to regularly establish, publish and transmit to the ILO annual labour inspection reports containing information on all the subjects listed in Article 21.

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

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes from the 2015 Annual Report on labour statistics referred to in the Government’s report and available on the website of the Ministry of Labour, Social Dialogue, Professional Organizations and Institutional Relations that the labour inspection services dealt with a significant number of individual and collective labour disputes in that year. The Committee recalls that, in accordance with Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. In its General Survey of 2006, Labour inspection, the Committee recalled the importance of not overburdening inspectorates with tasks which by their nature may in certain countries be understood as incompatible with their primary function of enforcing legal provisions (paragraph 72). The Committee requests the Government to provide information on the time and resources devoted by labour inspectors to the additional functions of conciliation and mediation in comparison with their primary functions (as provided for in Article 3(1) of the Convention).

Articles 10, 11 and 16. Human and material resources of the inspection system and inspection visits. The Committee previously noted that in 2013, the labour inspection staff was composed of 60 inspectors and 59 controllers (assistant inspectors). The Committee notes in this respect that the Government reiterates that there is a need to increase the means of the labour inspection services, and that the strengthening of the financial and logistical means and human resources of the labour administration is one of the objectives in the National Pact for social stability and economic emergence signed with the social partners in 2014. The Committee also notes that according to the 2016 report on labour statistics (referred to in the Government’s report and available on the website of Ministry of Labour, Social Dialogue, Professional Organizations and Institutional Relations), the number of labour inspection staff had significantly decreased to 30 inspectors and 34 controllers by 2016. The Committee notes, however, that the recent reports on labour statistics indicate a significant rise in the number of workplaces inspected, rising from 1,587 in 2014, to 1,931 in 2015 and 2,607 in 2016. Noting the rise in the number of labour inspections but a decline in the number of labour inspectors, the Committee requests the Government to take measures to ensure that workplaces are inspected as thoroughly as is necessary to ensure the effective application of the relevant legal provisions and urges the Government to take the necessary measures to ensure that there are a sufficient number of labour inspectors to secure the effective discharge of their duties. In this respect, it requests the Government to provide information on any improvements concerning the human resources and material means of the labour inspection services. It further requests the Government to provide information on the number of labour inspection staff and the financial and human resources available to the labour inspection services, as well as the number of labour inspections carried out from 2017 onwards.

Article 13(2)(b). Measures with immediate executory force in the event of imminent danger to the health or safety of the workers. The Committee previously noted that Decree No. 2006-1255 of 15 November 2006 limits the application of measures with immediate executory force in the event of imminent danger to the health or safety of the workers to situations resulting from a failure to comply with occupational safety and health laws or regulations (section 18) except in the building sector (where no violation of the legislation is required for an order of cessation of work (sections 19 and 20)). The Committee notes the Government’s indication that these limitations are being considered in the context of the reflections concerning the strengthening of the legal powers of labour inspectors. With reference to its previous comments, the Committee once again requests the Government to take the necessary measures in law and practice to ensure that, in accordance with Article 13(2)(b), inspectors may order immediate executory measures in the event of imminent danger to the safety and health of the workers, without necessarily establishing the existence of a violation of laws or regulations in all industrial and commercial establishments, and not only in the building sector. The Committee also requests the Government to provide information on any measures taken or envisaged in the context of the consideration of the strengthening of the legal powers of labour inspectors.

Articles 17 and 18. Effective enforcement of adequate penalties for violations of legal provisions. The Committee notes the Government’s indications, in response to the Committee’s previous request, that there have not been any new developments concerning the proposed revision of the amounts of penalties for violations of the labour legislation. The Committee notes from the statistical information provided in the 2015 report on labour statistics that 1,931 labour inspection visits were undertaken in that year, and that labour inspectors requested employers to remedy violations detected, but that no reports of non-compliance were issued. It notes that this represents a significant decline from 2014, when 58 reports of non-compliance were issued, and it observes that only two reports of non-compliance were issued in 2016. The Government reiterates that a strengthening of the legal powers of labour inspectors is necessary and that the Minister of Labour had undertaken discussions with the Minister of Justice in that respect. The Committee requests the Government to provide detailed statistics on the violations detected during inspection visits and the subsequent penalties imposed, as well as to indicate the reasons for the significant decline in the number of non-compliance reports issued. The Committee also requests the Government to continue to provide information on any measures taken to strengthen the powers of labour inspectors. It once again requests the Government to provide information on any progress made in the revision of the amounts of penalties for labour law violations.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

With reference to its observation, the Committee wishes to raise the following additional points.

Technical assistance. Noting that the Government has indicated its desire to receive ILO technical assistance, the Committee invites the Government to make a formal request to the Office and asks it to provide information on any developments in this regard.

Article 6 of the Convention. Status and conditions of service of labour inspectors. The Committee notes that, according to the Government, labour inspectors and controllers are governed by the conditions of service set forth in Decree No. 77-884 of 10 October 1977. It also notes that the commitments to review the conditions of service of labour inspectors include, inter alia, the strengthening of the legal powers of labour inspectors and controllers and the definition and implementation of a coherent policy on their career prospects. The Government also refers to the adjustment of the professional allowance provided to labour and social security inspectors. The Committee requests the Government to continue to keep the Office informed of any progress made in the revision of the conditions of service of labour inspectors and to send copies of any relevant texts or reports.

Article 9. Collaboration of technical experts and specialists. Noting that, according to the Government, the measures taken for the implementation of medical labour inspection are being examined by the General Directorate of Labour, the Committee requests the Government to continue to keep the Office informed of any progress made or difficulties encountered in this regard.

Articles 10, 11 and 16. Human and material resources of the inspection system and inspection visits. The Committee notes that, according to the Government, the labour inspection staff is currently composed of 60 inspectors and 59 controllers countrywide. In addition, the Government affirms that even if inspection services have a premises and vehicles and inspectors receive reimbursement for travel expenses, the labour inspection services are still in need of staff and material resources to carry out inspections. The Committee requests the Government to supply information on the number of inspections carried out, disaggregated by type of inspection and sector, and to indicate any measure taken to provide the labour inspection services with the necessary means to discharge their functions.

Articles 18 and 21(e). Adequacy and enforcement of penalties for violations of the legal provisions relating to the matters covered by the Convention. The Committee notes that, according to the Government, the violation of legal provisions relating to the matters covered by the Convention is sanctioned under sections L.278 et seq. of Act No. 97-17 of 1 December 1997 issuing the Labour Code. The Government also indicates that consideration is being given to the revision of the amounts of penalties for offences for which the police have responsibility. The Committee once again requests the Government to provide detailed data on the violations recorded, penalties imposed and their impact on the level of enforcement of the legislation and the occupational health and safety requirements. It also requests the Government to keep the Office informed of the progress made in the revision of the amounts of penalties for offences which are the responsibility of the police.

Articles 10, 20 and 21. Statistics of workplaces liable to inspection and the annual inspection report. The Committee notes the Government’s indication that a new Order, No. 11514 of 11 December 2009/MFPTEOP/DTSS, has been adopted to create and update a “register of employers”. The Committee further notes that, according to the Government, the inspection services submit periodic reports on the results of their activities to the central authority and that the Directorate for Labour Statistics and Studies bases its annual report on this information. The Committee notes, however, that the annual report on labour inspection has not been received. The Committee requests the Government to send any available information following the creation and renewal of the register of employers, and in particular the number, activities and geographical distribution of the industrial and commercial establishments liable to inspection by the labour inspection services; the number and categories of workers employed therein, as well as any other information necessary for evaluation by the competent authority of the needs of the labour inspection services and the determination of priorities for action. The Committee further requests the Government to provide a copy of the annual inspection report in the format and the time frame set out in Article 20 and containing information on each of the subjects covered by Article 21.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 12(1)(a) and (2) of the Convention. Powers of investigation of labour inspectors. The Committee notes the Government’s reaffirmation that section L.197 of the Labour Code applies Article 12 of the Convention. The Committee notes that, under section L.197(1) and (2) of the Labour Code, “labour and social security inspectors shall be empowered to enter freely, at any hour of the day, any workplace liable to inspection (...)” and “at night, in premises where collective work is carried out”. The Committee reminds the Government that under Article 12(1)(a), inspectors shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, irrespective of the type of work carried out there. Referring to its previous comments, the Committee once again requests the Government to take the necessary measures, in law and practice, to ensure that inspectors can enter freely any workplace liable to inspection, regardless of the type of work carried out there, not only by day, but also at night.

Article 13(2)(b). Measures with immediate executory force in the event of imminent danger to the health or safety of the workers. The Committee notes the Government’s reaffirmation that section 4 of Decree No. 2006-1255 of 15 November 2006 gives effect to Article 13(2)(b). The Committee notes that under this text, labour inspectors may: (i) apply to the court for an injunction “in the event of a serious or imminent danger that might seriously jeopardize a worker’s safety, resulting from a failure to comply with occupational safety and health laws or regulations” (section 18); (ii) order a cessation of work “in the case of establishments in which the staff are involved in construction work, public works or any other work on buildings”, “in the event of serious or imminent danger resulting from a defect or absence of protection” (sections 19 and 20). The Committee reminds the Government that under Article 13(2)(b), labour inspectors shall be empowered to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers. With reference to paragraph 107 of its 2006 General Survey on labour inspection, the Committee also emphasizes that, if the safety and health of workers is under imminent threat, it serves no purpose to investigate the existence of a contravention, the priority being to eliminate the hazard. With reference to its previous comments, the Committee requests the Government to take the necessary measures in law and practice to ensure that, in accordance with Article 13(2)(b), inspectors may order immediate executory measures in the event of imminent danger to the safety and health of the workers, without necessarily establishing the existence of a violation of laws or regulations; in the case of any industrial and commercial establishment, irrespective of the sector concerned.

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

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

The Committee notes with regret that the Government’s report does not reflect any tangible progress in the application of the Convention, and provides no precise information in response to the Committee’s previous comments on the measures requested with a view to:

(i) bringing labour legislation into conformity with Article 12(1)(a) and (2) of the Convention, as regards the investigation powers of labour inspectors, and with Article 13(2)(b) concerning powers (direct or indirect) to adopt measures with immediate executory force in the event of imminent danger to the health or safety of workers;

(ii) revising the fines applicable for contraventions of the law under the Convention (Articles 3(1)(a) and 18);

(iii) effective cooperation between the labour inspection services and the justice system in order to enhance the credibility of inspections (Article 5(b));

(iv) improving the status of labour inspectors, their staffing levels, qualifications and the means of action available to them (Articles 6, 7, 10 and 11);

(v) establishing and updating a register of industrial and commercial workplaces subject to labour inspection (Articles 2, 10 and 21(c));

(vi) gradually creating the conditions for publication by the central inspection authority of an annual report on the activities of the services under its authority (Articles 19 and 20).

In addition, five years after the promulgation of Decree No. 2006-1253 of 15 November 2006 establishing an occupational medical inspection service, no such service has been set up and the necessary consultations between the public authorities concerned have not taken place.

The Committee also notes with concern the blatant discrepancy between the insignificant number of labour inspections carried out by labour inspectors and controllers and the multitude of other tasks which they have carried out in areas such as conciliation, employment or administrative services. According to data provided by the Directorate of Labour Statistics and Social Security and cited by the Government, during 2009, only 329 inspections were carried out at workplaces by the 57 inspectors and 63 controllers, or on average three inspections per official per year, which included inspection visits made in response to the 199 recorded workplace accidents and visits that may have been made at agricultural enterprises.

Over the same period, the inspectors and controllers conducted 866 conciliation proceedings, examined 48 collective disputes, and intervened to support the conclusion of 435 voluntary departure agreements, registered 2,833 applications for employment, carried out 362 placements of job seekers, and carried out other tasks unconnected with the function of inspection. As the subject of the 136 written consultations and 8,132 oral consultations was not indicated, it is not possible to state how many of those concerned issues pertaining to the scope of this Convention.

According to paragraph 69 of the Committee’s 2006 General Survey on labour inspection, the labour inspection instruments do not rule out the possibility of labour inspectors being assigned other promotional tasks by legislation or national practice, in addition to those inherent in their primary duties, but any further duties which may be entrusted to labour inspectors must 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 (Article 3(2)). That is because the primary duties as defined in paragraph 1 of the same Article are complex and require training, time, resources and a wide freedom of action and movement. Those functions all share the same objective: enforcement and improvement of the legislation relating to conditions of work and the protection of workers while engaged in their work (paragraph 70). The Committee has specifically expressed the view that “assigning conciliation and mediation in collective labour disputes to a specialized body or officials enables labour inspectors to carry out their supervisory function more consistently” and that this “should result in better enforcement of the legislation and hence a lower incidence of labour disputes” (paragraph 74).

Returning to the insignificant number of inspection activities carried out by inspectors in workplaces covered by the Convention, the Committee would like to draw the Government’s attention to the fact that frequent and thorough inspection visits are the primary means of effectively enforcing the relevant legal provisions on working conditions and protection of workers (Article 16). Consequently, the staff and resources at the disposal of the inspection service should be devoted mainly to that activity, which also enables inspectors to supply technical information and advice to employers and workers and to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions (Article 3(1)(b) and (c)).

The Committee notes the Government’s expression of willingness to fulfil its obligations under the Convention and hopes that it will be in a position soon to adopt specific measures to that end. The information contained in its report, because of its lack of precision, does not reflect any significant evolution in law or in practice as regards the labour inspection system.

For example, as regards a question as crucial as the staffing of the labour inspection service, the Government indicates that this has not changed since 2009, as there has been no new recruitment without providing any information on the measures envisaged in order to fill vacancies due to retirement. As regards the conditions of service of inspection staff, the Government indicates that their subsistence allowances have been increased but does not indicate by how much, and does not provide any relevant text so as to enable the Committee to assess the impact of the increase in relation to inflation. While noting that, according to the Government, all the labour inspection services are now provided with official vehicles, fuel and working computers, the Committee recalls that the Government provides no details that might shed light on the possible benefits accruing from those measures, in particular in terms of more frequent inspection visits and the use of computers to record the outcome of such visits.

The Committee therefore once again draws the Government’s attention to the following points:

Article 13(2)(b). Measures with immediate executory force in the event of imminent danger to the health or safety of the workers. The Committee requests the Government to take steps to amend the legislation so that it is in full conformity with this provision, according to which labour inspectors should be able to order or apply for the issue of orders on measures with immediate executory force in the event of imminent danger to the health or safety of the workers.

Articles 18 and 21(e). Adequate nature and effective enforcement of penalties for violations. The Committee requests the Government to refer to paragraphs 291–306 of the abovementioned General Survey and to take measures as a matter of urgency to ensure the establishment of an effective system of penalties taking into account the nature and seriousness of the violation committed, as well as, according to the circumstances, the employer’s general attitude towards its legal obligations, so as to ensure that the penalties are sufficiently dissuasive and help to ensure more effective enforcement.

The Committee once again requests the Government to describe the measures taken and to provide the most detailed numerical data possible on any contraventions noted, penalties applied and their impact in terms of the implementation of legislation and of safety and health requirements.

Articles 6, 7, 9 and 10. Labour inspectorate staff, status and qualifications; cooperation with technical experts and specialists. Referring to the statement contained in the Government’s report received in March 2010, to the effect that the question of remuneration and career prospects of labour inspectors was under study, the Committee once again requests the Government to keep the ILO informed of the process of adopting the status and conditions of service of labour inspectors, as well as of any measures taken in this regard. It also requests the Government to ensure that the provisions regarding the conditions of service of inspection staff (pay, subsistence allowances, and protection of staff) are at least equivalent to those applicable to other categories of public officials with comparable duties and responsibilities, that is, sufficiently appealing to attract and retain qualified and motivated persons. The Committee would be grateful if the Government would communicate any relevant text or report.

The Government is also requested to provide more detailed information on the subject areas, type and duration of training given to inspectors and controllers in order to adapt their competences to the new labour market conditions, and to indicate the number of participants in such training. If no measures have been adopted in that regard, the Committee requests the Government to initiate a process for that purpose and to keep the ILO informed.

The Committee also requests the Government to communicate in its next report detailed replies including precise figures on the manner in which effect is given in practice to Articles 10 (as requested by the report form ), 11, 16 and 19, and to indicate the measures adopted to set up the medical inspection service established by Decree No. 2006-1253 of 15 November 2006.

The Committee wishes to draw the Government’s attention to the possibility and benefits of obtaining technical assistance from the ILO in seeking solutions, including in the framework of international financial cooperation, with a view to establishing a labour inspection system that meets the social and economic objectives which come under its remit and the functioning of which would be reflected in the annual activity report required under Articles 20 and 21.

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

The Committee notes the observations made by the National Federation of Independent Trade Unions of Senegal (UNSAS) on the application of this Convention, received by the ILO on 2 June 2010.

Strengthening of the labour inspection system through the creation of a medical labour inspection service. Further to its previous comments in which it noted that a medical labour inspection service had been institutionalized by Decree No. 2006–1253 of 15 November 2006, the Committee notes that this body has still not been set up. The Committee would be grateful if the Government would indicate the reasons for the delay in implementing the text creating a medical labour inspection service and keep the Office informed of any concrete measures taken to give effect to that text.

Article 13(2)(b), of the Convention. Measures with immediate executory force in the event of imminent danger to the health or safety of the workers. In its previous comments, the Committee noted the need to revise the legislation to give full effect to Article 13(2)(b), of the Convention. It notes that, according to the Government, Decree No. 2006–1255 of 15 November 2006 does not prevent labour inspectors from adopting measures with immediate executory force in the event of imminent danger to the health or safety of the workers, including where no violation has taken place. Referring in this regard to sections 6–11 (concerning enforcement orders) and sections 18–22 (concerning urgent procedures and work stoppages) of that Decree, the Government states that inspectors have the power to adopt such measures regardless of the type of activity carried out by the enterprise concerned, but that it is nonetheless considering updating the Decree. However, the Committee notes that the labour inspector may apply to the judge for an urgent procedure under section 18 only in cases where a worker’s physical integrity might be seriously undermined as a result of a failure to observe the occupational safety and health legal provisions and regulations. Furthermore, under sections 19 and 20 of the same Decree, the labour inspector may order a work stoppage in the event of a serious and imminent danger resulting from a shortcoming in or failure of protection only in the case of establishments in which the staff are involved in construction work, public works or any other works on buildings, and only where the situation constitutes a violation of the legal provisions in force. The Committee is bound to emphasize that, in accordance with the letter and spirit of Article 13(2)(b), of the Convention, the exercise of this power should not be subject to any distinction based on the type of activity or work concerned. It requests the Government to refer to paragraph 112 of its 2006 General Survey on labour inspection.

The Committee therefore requests the Government once again to take steps to amend the legislation so that it is in full conformity with Article 13(2)(b), of the Convention, according to which labour inspectors should be able to order or recommend measures with immediate executory force in the event of imminent danger to the health or safety of the workers, regardless of the branch of activity, the type of work carried out and whether or not there has been a violation of the legal provisions or regulations.

Articles 18 and 21(e) of the Convention. Adequate nature and effective enforcement of penalties for violations. The Committee notes the figures on the action taken by labour inspectors (written observations (154), enforcement orders (20), reports (0), interruption of works (0) and urgent procedures (0)). It notes that the period covered is not indicated, which makes it impossible to assess the volume of activity of the inspection services over time or the type of violations reported. Furthermore, these figures are of no use in determining the action taken with a view to improving the level of application of the relevant legislation. The Government’s indication that four enforcement orders were issued in 2008 provides no further clarification and is not accompanied by any information establishing that penalties were imposed on the persons responsible for the violations reported. The Committee notes with concern that, according to the Government, no measures to update the scale of penalties are envisaged and that the only text applicable in this regard is Decree No. 62–017 PC/MFPT/DGTSS/TMO of 22 January 1962. Further to its previous comments concerning the need to ensure the dissuasive nature of the penalties, the Committee requests the Government to refer to paragraphs 291–306 of the abovementioned General Survey and to take measures as a matter of urgency to ensure the establishment of an effective system of penalties taking into account the nature and seriousness of the violation committed, as well as, according to the circumstances, the employer’s general attitude towards its legal obligations. The Committee requests the Government to describe the measures taken and to provide the most detailed figures possible on the violations reported, the measures implemented by labour inspectors and their impact in relation to the application of the legislation and occupational safety and health requirements.

Article 5(a). Cooperation between the labour inspection services and the justice system. The Committee notes that, according to the Government, the cooperation between the labour inspection system and the judicial system is in the process of being strengthened with a view to improving the processing of cases. The Government mentions, however, the difficulties encountered by the inspection services in accessing the registration system for court decisions, but points out that, in response to the Committee’s 2007 general observation, educational and informative training has been provided for labour inspectors and judges with a view to increasing awareness of the cooperation between the systems.

The Committee notes with regret that the information provided by the Government remains vague with regard to the content of the training and insufficient for the purpose of making any assessment of the impact of the measures taken. Furthermore, it is not even indicated whether measures aimed at facilitating access to court decisions by the labour inspectorate are envisaged.

Referring to its 2007 general observation, the Committee requests the Government to provide detailed information on the measures implemented to promote effective cooperation between the labour inspection services and the justice system, as well as on the impact of these measures in terms of court decisions.

Articles 6, 7, 10 and 11. Labour inspectorate staff, status and qualifications; means available for carrying out inspection duties. The Committee notes that the labour inspectorate is currently staffed by 57 inspectors and 63 controllers covering the entire country. The Government indicates in its report that the pay and career prospects of inspectors is a matter under consideration. According to the UNSAS, the working conditions of labour inspectors and controllers are clearly inadequate in view of the duties that they are required to carry out and they lack the necessary means of transport to carry out regular inspections of establishments. The Committee requests the Government to keep the ILO informed of the process of adopting the status and conditions of service of labour inspectors, as well as of any measures taken in this regard. It would be grateful if the Government would in any case take measures to ensure that the functions of labour inspector and controller are sufficiently appealing to attract and retain qualified persons within the inspection services and that the conditions of service of inspection staff are at least equivalent to those applicable to other categories of public officials with comparable duties and responsibilities, such as finance and tax inspectors.

The Committee also requests the Government to take the necessary measures to ensure that labour inspectors and controllers have the material resources and transport facilities required to carry out their duties and to keep the Office informed of any progress made in this regard, as well as any difficulties encountered.

Article 12(1)(a) and (2). Investigation powers of inspectors. In this regard, the Government refers to its reply contained in its previous report. The Committee is therefore bound to repeat its previous comments as follows:

The Government specifies in its report that, in both law and practice, labour inspectors and controllers are entitled to enter freely any workplace liable to inspection at any hour of the day and night, irrespective of whether or not collective work is being carried out there, as their right to enter an establishment does not depend on the nature of its work. However, according to section L.197(1) and (2) of the Labour Code, “labour and social security inspectors shall be authorized to enter freely, at any hour of the day, any workplace liable to inspection ... ” and “at night, in premises where collective work is being carried out”. The Committee therefore feels bound to request the Government once again to take the necessary measures to bring the labour legislation into conformity with Article 12(1)(a), of the Convention, to ensure that inspectors might freely enter establishments liable to inspection, irrespective of their type of activity, and not only during the day but also at night.

In its previous comments, the Committee had also requested the Government to amend section L.197(1), in fine, which states that “the head of the enterprise or establishment, or his representative, may accompany the labour and social security inspector during the inspection”, because it hinders the freedom of action to which the inspector should be entitled during his visit. While noting the Government’s comments that the fact of being accompanied during an inspection by the employer or his representative is a legal option open to the labour inspectors and controllers, the Committee nevertheless points out that the actual wording of this section of the Labour Code gives the choice to the employer (or his representative) and not to the inspector, although it should be for the inspector to decide whether or not to be accompanied during his visit in the exercise of his duties, as prescribed by the Convention. The Committee therefore requests the Government once again to take the necessary measures to amend the Labour Code so that the labour inspector might be authorized to decide whether the employer should accompany him on his visit or not, and that he might exercise his right to interrogate the staff alone, pursuant to Article 12(c)(i) of the Convention, thereby guaranteeing the respect of the principle of confidentiality with respect to the workers (Article 15(c)). Finally, noting that, according to the Government, the labour inspector is free to decide whether he notifies the employer or not of his visit, the Committee requests it to ensure that this right, as defined under Article 12(2) of the Convention, is given a legal basis.

Articles 10, 20 and 21. Basic information required to assess the functioning of the labour inspectorate in practice: statistics of industrial and commercial workplaces liable to inspection and number of workers covered. In its 2009 general observation, the Committee stressed the importance of keeping a register of the workplaces and enterprises liable to inspection, containing data on the number and categories of workers employed therein. The Committee requests the Government to take due account of its 2009 general observation and to provide the Office with information on the measures taken to ensure that a register of the workplaces liable to inspection is created as well as on the results achieved.

Articles 20 and 21. Annual report on the labour inspection activities. The Committee notes the preparation of an annual report by the labour statistics service. It reminds it of the dual obligation to ensure that the central labour inspection authority publishes an annual report and transmits that report to the ILO, as provided for by the above Articles of the Convention. The Committee requests the Government to take every measure necessary to ensure the publication and communication of such report by the central inspection authority within the prescribed time limits (in Article 20) and further reminds it that this report should contain the information required on the matters listed in Article 21. Part IV of the Labour Inspection Recommendation, 1947 (No. 81), contains very useful guidance on the manner in which this information could be presented so as to reflect, as faithfully as possible, the functioning of the labour inspectorate, including its strengths and weaknesses, and provide a basis for determining the budgetary, organizational and educational measures required to enhance its effectiveness.

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

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:

The Committee takes note of the Government’s report. It also notes the comments from the National Confederation of Senegalese Workers (CNTS) received by the ILO on 1 September 2008.

Articles 3 (paragraph 1(a)), 13 (paragraph 2(b)), 18 and 21(e) of the Convention. Supervision of the application of occupational safety and health legislation and adequate penalties. Measures with immediate executory force in the event of imminent danger to the health or safety of the workers. The Committee notes that a number of Decrees concerning occupational safety and health were adopted in 2006 implementing the provisions of section L.168 et seq. of the Labour Code. It notes that Decree No. 2006-1253 of 15 November 2006 sets up a medical labour inspection service under the Labour and Social Security Directorate, entrusted, inter alia, with ensuring the application of occupational safety and health legislation and regulations, in permanent contact with the regional labour inspection services. The Committee would be grateful if the Committee would provide information on the staff and logistics of the medical labour inspection service and on its activities in practice, especially with respect to the links it has with the labour inspectors and controllers at the regional level.

The Committee also takes note of the adoption of Decree No. 2006-1255 of 15 November 2006 concerning the labour inspectorate’s legal measures of intervention in the area of occupational safety and health (observation, enforcement order, urgent procedure, work stoppage and report). It would, however, like to draw the Government’s attention to some of the provisions of this Decree concerning the measures with immediate executory force in the event of imminent danger to the health or safety of the workers. Under this text, the labour inspector may: (i) apply to the judge for an urgent procedure “in the event of a serious or imminent danger that might seriously undermine a worker’s physical integrity, resulting from a failure to observe occupational safety and health legal provisions and regulations” (section 18); and (ii) order a work stoppage “in the case of establishments in which the staff are involved in construction work, public works or any other works on buildings”, “when there is a serious or imminent danger resulting from a shortcoming in or failure of protection” (sections 19 and 20). The Committee therefore requests the Government to take the necessary steps to ensure that, in conformity with Article 13(2)(b) of the Convention, measures with immediate executory force may also be ordered in the event of imminent danger to the health or safety of the workers, without necessarily establishing the existence of a violation of legal provisions or regulations; these measures should apply to any industrial and commercial establishment, whatever the branch of activity concerned.

The Committee notes that the Government has not provided the information requested on the subject of penalties applied in the event of a violation of the labour legislation and that it refers, in this respect, to the Decrees of 2006 concerning occupational safety and health. The Committee points out that these legislative texts only establish the maximum amount of the fines (18,000 CFA francs) and the maximum prison sentence (ten days); reference is made to the scale of penalties for petty crimes to determine the conviction for each violation. This scale of penalties was established by Decree No. 62-017 PC/MFPT/DGTSS/TMO of 22 January 1962, which the Committee has already described as being obsolete in its previous comments. It is impossible, from this scale, to identify the violations concerned or the penalty incurred for each violation. The Committee is of the opinion that the maximum applicable fine (18,000 CFA francs, i.e. €28) is not sufficiently dissuasive – which is essential for the credibility and effectiveness of systems for the protection of workers. As it already pointed out in its previous comments, employers might prefer to pay low fines rather than taking the necessary measures to comply with the legal provisions and guarantee the occupational safety and health of the workers. The Committee therefore requests the Government to take the necessary measures to ensure that the system of penalties incurred is effective, that the penalties incurred are adequate and that they defined in proportion to the nature and seriousness of the violation committed. The Government is asked to keep the Office informed of the measures taken in this respect, and to provide available figures on the violations reported (type of violations and number of written observations, enforcement orders, records, work stoppages and urgent procedures), as well as on the subsequent proceedings initiated by the labour inspectors and the courts (penalties imposed, etc.).

Article 5(a). Cooperation between the labour inspection services and the justice system. The Committee notes that workshops involving labour inspectors and judges have been organized, in the context of the project ADMITRA–ILO, with a view to strengthening cooperation between the judicial system and the labour inspection services. The Committee requests the Government to state whether these meetings had any impact on the functioning of the labour inspectorate and on the handling of labour inspectors’ reports on violations submitted to the courts, which the Government indicates is somewhat slow.

Articles 5(a) and 18. Obstacles to the discharge of inspection duties, cooperation with the law enforcement services. The Committee notes that, according to the Government, labour inspectors may request police assistance while carrying out their duties, either by official courier, or verbally in the event of an emergency. Referring to its previous comments which concerned not only the applicable law but also the practice followed in this respect, the Committee requests the Government to indicate whether recent cases of labour inspectors and controllers being obstructed in their work have been reported to the central labour inspectorate and, if so, to specify the relevant procedures that ensued, especially the penalties imposed on those committing the violations.

Articles 6, 7, 10 and 11. Labour inspectorate staff: status, qualifications, number and logistical resources. According to the CNTS, the labour inspectorate does not have enough staff to carry out its functions efficiently and lacks means of transport and operational premises. Noting the Government’s indications that considerable efforts are made to recruit staff, the Committee requests the Government to provide as much detailed information as it can on the number of labour inspectors and controllers recruited or in the process of being recruited, as well as on the total number of staff with inspection duties, as defined under the Convention. It also asks it to indicate the measures taken to ensure that the inspection staff have conditions of service that are at least as attractive as those enjoyed by other public officials with similar responsibilities, particularly with respect to pay and career prospects, and that they have the necessary means to carry out their duties and be protected from any improper external influences.

Article 12, paragraphs 1(a) and 2. Inspectors’ powers of investigations. The Government specifies in its report that, in both law and practice, labour inspectors and controllers are entitled to enter freely any workplace liable to inspection at any hour of the day and night, irrespective of whether or not collective work is being carried out there, as their right to enter an establishment does not depend on the nature of its work. However, according to section L.197(1) and (2) of the Labour Code, “labour and social security inspectors shall be authorized to enter freely, at any hour of the day, any workplace liable to inspection ... ” and “at night, in premises where collective work is being carried out”. The Committee therefore feels bound to request the Government once again to take the necessary measures to bring the labour legislation into conformity with Article 12, paragraph 1(a), of the Convention, to ensure that inspectors might freely enter establishments liable to inspection, irrespective of their type of activity, and not only during the day but also at night.

In its previous comments, the Committee had also requested the Government to amend section L.197(1), in fine, which states that “the head of the enterprise or establishment, or his representative, may accompany the labour and social security inspector during the inspection”, because it hinders the freedom of action to which the inspector should be entitled during his visit. While noting the Government’s comments that the fact of being accompanied during an inspection by the employer or his representative is a legal option open to the labour inspectors and controllers, the Committee nevertheless points out that the actual wording of this section of the Labour Code gives the choice to the employer (or his representative) and not to the inspector, although it should be for the inspector to decide whether or not to be accompanied during his visit in the exercise of his duties, as prescribed by the Convention. The Committee therefore requests the Government once again to take the necessary measures to amend the Labour Code so that the labour inspector might be authorized to decide whether the employer should accompany him on his visit or not, and that he might exercise his right to interrogate the staff alone, pursuant to Article 12(c)(i) of the Convention, thereby guaranteeing the respect of the principle of confidentiality with respect to the workers (Article 15(c)). Finally, noting that, according to the Government, the labour inspector is free to decide whether he notifies the employer or not of his visit, the Committee requests it to ensure that this right, as defined under Article 12(2) of the Convention, is given a legal basis.

Articles 19, 20 and 21. Periodical reports and annual reports on the activities of the labour inspection services. The Government once again stresses the labour administration’s lack of resources to gather and communicate information at the central level. Consequently, it was unable to draw up an annual report on the activities of the inspection services. Referring to its previous comments, the Committee trusts that the inspection report forms used in visits, referred to by the Government in its report, will help local inspection offices to draw up periodical reports on their activities and that, in conformity with Article 19, these reports will be submitted to the central inspection authority. It hopes that the central inspection authority will soon be able to draw up an annual report covering the country as a whole, which will contain the information required under Article 21, if necessary with the technical assistance of the ILO; it also hopes that it will, for this purpose, take account of the guidelines contained in Part IV of the Labour Inspection Recommendation, 1947 (No. 81). The Committee requests the Government to keep the ILO informed of any developments in this area.

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

The Committee takes note of the Government’s report. It also notes the comments from the National Confederation of Senegalese Workers (CNTS) received by the ILO on 1 September 2008.

Articles 3, paragraph 1(a); 13, paragraph 2(b); 18 and 21(e), of the Convention. Supervision of the application of occupational safety and health legislation and adequate penalties. Measures with immediate executory force in the event of imminent danger to the health or safety of the workers. The Committee notes that a number of Decrees concerning occupational safety and health were adopted in 2006 implementing the provisions of section L.168 et seq. of the Labour Code. It notes with interest that Decree No. 2006-1253 of 15 November 2006 sets up a medical labour inspection service under the Labour and Social Security Directorate, entrusted, inter alia, with ensuring the application of occupational safety and health legislation and regulations, in permanent contact with the regional labour inspection services. The Committee would be grateful if the Committee would provide information on the staff and logistics of the medical labour inspection service and on its activities in practice, especially with respect to the links it has with the labour inspectors and controllers at the regional level.

The Committee also takes note with interest of the adoption of Decree No. 2006-1255 of 15 November 2006 concerning the labour inspectorate’s legal measures of intervention in the area of occupational safety and health (observation, enforcement order, urgent procedure, work stoppage and report). It would, however, like to draw the Government’s attention to some of the provisions of this Decree concerning the measures with immediate executory force in the event of imminent danger to the health or safety of the workers. Under this text, the labour inspector may: (i) apply to the judge for an urgent procedure “in the event of a serious or imminent danger that might seriously undermine a worker’s physical integrity, resulting from a failure to observe occupational safety and health legal provisions and regulations” (section 18); and (ii) order a work stoppage “in the case of establishments in which the staff are involved in construction work, public works or any other works on buildings”, “when there is a serious or imminent danger resulting from a shortcoming in or failure of protection” (sections 19 and 20). The Committee therefore requests the Government to take the necessary steps to ensure that, in conformity with Article 13, paragraph 2(b), of the Convention, measures with immediate executory force may also be ordered in the event of imminent danger to the health or safety of the workers, without necessarily establishing the existence of a violation of legal provisions or regulations; these measures should apply to any industrial and commercial establishment, whatever the branch of activity concerned.

The Committee notes that the Government has not provided the information requested on the subject of penalties applied in the event of a violation of the labour legislation and that it refers, in this respect, to the Decrees of 2006 concerning occupational safety and health. The Committee points out that these legislative texts only establish the maximum amount of the fines (18,000 CFA francs) and the maximum prison sentence (ten days); reference is made to the scale of penalties for petty crimes to determine the conviction for each violation. This scale of penalties was established by Decree No. 62-017 PC/MFPT/DGTSS/TMO of 22 January 1962, which the Committee has already described as being obsolete in its previous comments. It is impossible, from this scale, to identify the violations concerned or the penalty incurred for each violation. The Committee is of the opinion that the maximum applicable fine (18,000 CFA francs, i.e. €28) is not sufficiently dissuasive – which is essential for the credibility and effectiveness of systems for the protection of workers. As it already pointed out in its previous comments, employers might prefer to pay low fines rather than taking the necessary measures to comply with the legal provisions and guarantee the occupational safety and health of the workers. The Committee therefore requests the Government to take the necessary measures to ensure that the system of penalties incurred is effective, that the penalties incurred are adequate and that they defined in proportion to the nature and seriousness of the violation committed. The Government is asked to keep the Office informed of the measures taken in this respect, and to provide available figures on the violations reported (type of violations and number of written observations, enforcement orders, records, work stoppages and urgent procedures), as well as on the subsequent proceedings initiated by the labour inspectors and the courts (penalties imposed, etc.).

Article 5(a). Cooperation between the labour inspection services and the justice system. The Committee notes with interest that workshops involving labour inspectors and judges have been organized, in the context of the project ADMITRA/ILO, with a view to strengthening cooperation between the judicial system and the labour inspection services. The Committee requests the Government to state whether these meetings had any impact on the functioning of the labour inspectorate and on the handling of labour inspectors’ reports on violations submitted to the courts, which the Government indicates is somewhat slow.

Articles 5(a) and 18. Obstacles to the discharge of inspection duties, cooperation with the law enforcement services. The Committee notes that, according to the Government, labour inspectors may request police assistance while carrying out their duties, either by official courier, or verbally in the event of an emergency. Referring to its previous comments which concerned not only the applicable law but also the practice followed in this respect, the Committee requests the Government to indicate whether recent cases of labour inspectors and controllers being obstructed in their work have been reported to the central labour inspectorate and, if so, to specify the relevant procedures that ensued, especially the penalties imposed on those committing the violations.

Articles 6, 7, 10 and 11. Labour inspectorate staff: status, qualifications, number and logistical resources. According to the CNTS, the labour inspectorate does not have enough staff to carry out its functions efficiently and lacks means of transport and operational premises. Noting the Government’s indications that considerable efforts are made to recruit staff, the Committee requests the Government to provide as much detailed information as it can on the number of labour inspectors and controllers recruited or in the process of being recruited, as well as on the total number of staff with inspection duties, as defined under the Convention. It also asks it to indicate the measures taken to ensure that the inspection staff have conditions of service that are at least as attractive as those enjoyed by other public officials with similar responsibilities, particularly with respect to pay and career prospects, and that they have the necessary means to carry out their duties and be protected from any improper external influences.

Article 12, paragraphs 1(a) and 2. Inspectors’ powers of investigations. The Government specifies in its report that, in both law and practice, labour inspectors and controllers are entitled to enter freely any workplace liable to inspection at any hour of the day and night, irrespective of whether or not collective work is being carried out there, as their right to enter an establishment does not depend on the nature of its work. However, according to section
L.197(1) and (2) of the Labour Code, “labour and social security inspectors shall be authorized to enter freely, at any hour of the day, any workplace liable to inspection ... ” and “at night, in premises where collective work is being carried out”. The Committee therefore feels bound to request the Government once again to take the necessary measures to bring the labour legislation into conformity with Article 12, paragraph 1(a), of the Convention, to ensure that inspectors might freely enter establishments liable to inspection, irrespective of their type of activity, and not only during the day but also at night.

In its previous comments, the Committee had also requested the Government to amend section L.197(1), in fine, which states that “the head of the enterprise or establishment, or his representative, may accompany the labour and social security inspector during the inspection”, because it hinders the freedom of action to which the inspector should be entitled during his visit. While noting the Government’s comments that the fact of being accompanied during an inspection by the employer or his representative is a legal option open to the labour inspectors and controllers, the Committee nevertheless points out that the actual wording of this section of the Labour Code gives the choice to the employer (or his representative) and not to the inspector, although it should be for the inspector to decide whether or not to be accompanied during his visit in the exercise of his duties, as prescribed by the Convention. The Committee therefore requests the Government once again to take the necessary measures to amend the Labour Code so that the labour inspector might be authorized to decide whether the employer should accompany him on his visit or not, and that he might exercise his right to interrogate the staff alone, pursuant to Article 12(c)(i) of the Convention, thereby guaranteeing the respect of the principle of confidentiality with respect to the workers (Article 15(c)). Finally, noting that, according to the Government, the labour inspector is free to decide whether he notifies the employer or not of his visit, the Committee requests it to ensure that this right, as defined under Article 12, paragraph 2, of the Convention, is given a legal basis.

Articles 19, 20 and 21. Periodical reports and annual reports on the activities of the labour inspection services. The Government once again stresses the labour administration’s lack of resources to gather and communicate information at the central level. Consequently, it was unable to draw up an annual report on the activities of the inspection services. Referring to its previous comments, the Committee trusts that the inspection report forms used in visits, referred to by the Government in its report, will help local inspection offices to draw up periodical reports on their activities and that, in conformity with Article 19, these reports will be submitted to the central inspection authority. It hopes that the central inspection authority will soon be able to draw up an annual report covering the country as a whole, which will contain the information required under Article 21, if necessary with the technical assistance of the ILO; it also hopes that it will, for this purpose, take account of the guidelines contained in Part IV of the Labour Inspection Recommendation, 1947 (No. 81). The Committee requests the Government to keep the ILO informed of any developments in this area.

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

The Committee notes the Government’s report for the period ending 1 September 2006 in reply to its previous comments, as well as the attached documents. It also notes the communication by the Government, on 26 October 2006, of the comments made on this report by the National Confederation of Senegal Employers (CNES), the National Confederation of Senegalese Workers (CNTS) and the National Union of Autonomous Trade Unions of Senegal (UNSAS).

1. Articles 2, 3, paragraph 1(a), and 18 of the Convention. Supervision of legal provisions and application of adequate penalties. With reference to its previous comments on the need to establish a system of penalties applicable to violations of the provisions on conditions of work, the Committee notes that the Government refers to the provisions of Decree No. 62-017 PC/MFPT/DGTSS/TMO of 22 January 1962, issued under the former Labour Code, which is still in force. It notes that this Decree provides for penalties applicable to violations of the provisions on wages, weekly rest, employment and apprenticeship contracts and certain occupational health measures in particular. The Committee notes, firstly, that the provisions of the above Decree explicitly apply to certain sections of the former Labour Code, which do not correspond to the relevant sections of the 1997 Labour Code and, secondly, that the amounts established do not seem to have been adjusted for more than 40 years. It would therefore be desirable in all respects for relevant texts to be issued under the new Labour Code and for the amounts of the above penalties to be established at a level that is dissuasive in accordance with developments in the financial situation, with a view to ensuring that employers and workers are informed of their reciprocal rights and obligations, labour inspectors and any other authority or court apprised of a violations of the legal provisions on conditions of work can enforce the implementation of those provisions and the applicable penalties are adequate, as prescribed by Article 18. The consolidation of the applicable texts in a single document would certainly facilitate their enforcement by inspectors and courts, as well as compliance by law-abiding employers. In paragraph 292 of its General Survey of 2006 on labour inspection, the Committee emphasizes that it is essential for the credibility and effectiveness of systems for the protection of workers for violations to be identified by national legislation and for the proceedings instituted or recommended by labour inspectors against employers guilty of violations to be sufficiently dissuasive to make employers in general aware of the risks they run if they fail to meet their obligations. It is also important for penalties to be defined in proportion to the nature and gravity of the offence and for the amount of fines to be regularly adjusted to take account of inflation. It would be regrettable if employers preferred to pay fines as a less costly alternative to taking the measures necessary to ensure compliance with the legal provisions on working conditions, which is a phenomenon widely observed and reported to the ILO by numerous trade union organizations (paragraph 295 of the General Survey). The Committee cites a number of examples of good practice in this area (paragraph 296 et seq.). The Committee hopes that the Government will take relevant measures soon in the light of the above comments and that it will provide information on any developments in this area.

The Committee also requests the Government to provide, as soon as they have been adopted, a copy of the decrees implementing sections L.168 (occupational health and safety measures), L.185 (occupational safety services and representatives) and L.190 (status of labour inspectors and controllers) of the Labour Code, which it indicates are still being prepared, even though ten years have passed since the adoption of the above Labour Code. It also requests the Government to specify whether a draft decree implementing section L.189 (labour and social security services) is also being prepared.

2. Articles 5(a) and 18. Obstacles to the discharge of inspection duties. The Committee notes with interest the provision of a copy of the form for requesting the police and gendarmerie to issue a summons to any person who has refused to comply with an inspection. The Committee would be grateful if the Government would indicate whether, in practice, labour inspectors have the possibility of requesting police assistance in the event of being obstructed in the performance of their duties during the inspection of a workplace. If so, the Government is requested to describe the relevant procedure and provide information on the relevant case law as regards the penalties imposed in practice on employers who obstruct labour inspectors in their work.

3. Articles 10 and 11. Human and logistical resources of the labour inspectorate. According to the CNTS, no efforts have been made to equip the labour inspectorate with adequate resources, which has caused a considerable reduction in the actions of labour inspectors and controllers. The unlikelihood of inspections encourages violations of the legal provisions on conditions of work and the protection of workers while engaged in their work, in particular with regard to occupational safety and health. The CNTS is concerned about the Government’s intentions in this respect in the short, medium and long term. The UNSAS considers the lack of financial resources to be a major obstacle facing the labour administration, which is understaffed and encounters difficulties in managing its mail and sending notices to users. The lack of means of transport is also preventing inspectors from playing their role in the prevention of disputes. Consequently, the labour courts are swamped. Moreover, the conditions of service of labour inspectors are not attractive enough, which prompts them to withdraw in favour of the private sector, where conditions of work and social benefits are far more attractive than those offered by the civil service. The CNES in turn considers that the improvement of the conditions of work will depend on the resources made available to the labour inspectorate and on the demonstration of the labour inspectorate’s capacity to perform its tasks properly, including producing periodic reports.

The Committee notes with concern the convergent points of view expressed by these organizations on the labour inspectorate’s precarious resources and the repercussions of the inadequacies at various levels on its operation and the conditions of work. The Government acknowledges that the means of transport which were available to inspectors between 2000 and 2002 are no longer working and have not been replaced. It indicates that this has resulted in inspectors being reduced to carrying out “desk-based inspections”, intervening in the resolution of disputes reported to them, and that the few inspections carried out in enterprises are directly linked to these disputes. The Committee emphasizes that it is the Government’s responsibility to make the necessary arrangements in accordance with Article 11 to furnish labour inspectors with transport facilities in cases where suitable public facilities do not exist (paragraph 1(b)), as well as to reimburse them for any travelling expenses for professional purposes (paragraph 2), to enable them to perform their duties and, in particular, to carry out inspections of workplaces as thoroughly and as often as prescribed by Article 16. It hopes that the Government will take measures as soon as possible to give effect to these provisions of the Convention, in particular to establish conditions in which an assessment can be made, if necessary, with the technical assistance from the ILO and international financial cooperation, of the operation of the labour inspectorate and of its human, material and logistical requirements, with a view to ensuring appropriate budgetary allocations. It requests the Government to keep the ILO informed of any developments in this regard and any difficulties encountered.

4. Article 12, paragraphs 1(a) and (b), and 2. Inspectors’ powers of investigation. According to the Government, section L.197(1) and (2) of the Labour Code give effect to these provisions of the Convention. However, the Committee observes that, under Article 12, paragraph 1(a), of the Convention, the right of inspectors to enter freely workplaces liable to inspection applies without any restriction “at any hour of the day or night.” By making their right of entry to these workplaces at night subject to the condition that collective work is carried out there, the national legislation is contrary to the Convention since it does not permit certain technical inspections which require machinery to be stopped, for example, or checks to verify that no clandestine work is taking place after the closing time of the establishments supposed to operate only during the day.

The Committee also notes that section L.197(1) of the Labour Code states that the head of the enterprise or establishment, or his representative, may accompany the labour and social security inspector during the inspection. This provision is also contrary to the Convention in that it hinders the freedom of action to which the inspector shall be entitled during the inspection and his or her ability to decide, in accordance with Article 12, paragraph 1(c)(i), to interrogate “alone or in the presence of witnesses, the employer or the staff” and to fulfil the obligation of professional secrecy and confidentiality with regard to the source of the complaints, as prescribed by Article 15(b) and (c). The Committee emphasizes that the freedom of action which should be granted to labour inspectors during inspections includes the possibility of not notifying the employer or his representative of their presence if they consider that such a notification may be prejudicial to the performance of the inspection (Article 12, paragraph 2).

Drawing the Government’s attention to paragraphs 261–275 of its 2006 General Survey, the Committee once again requests it to take the necessary measures to bring the legislation into conformity with the Convention in respect of: (1) the extent of the right of inspectors to enter freely workplaces liable to inspection and premises which they may have reasonable cause to believe are liable to inspection; (2) the discretion of the inspector to authorize the employer or his representative to accompany him or her on the inspection; and (3) the right of inspectors not to notify the employer or his representative of their presence if they consider that such a warning may be prejudicial to the performance of the inspection.

5. Articles 19, 20 and 21. Obligation to submit reports on inspection activities. The Committee notes, in reply to its repeated request to provide the results of a survey announced in 1992 on occupational medicine in electricity, water and construction companies, that this survey has never been carried out due to lack of funding. It also notes that no annual general report on the work of the inspection services has been received by the ILO for many years. The comments made by the CNES also show that the inspection services are not in a position to produce periodic reports on their activities. Noting, however, the Government’s commitment to examine the best manner in which to train and raise the awareness of regional labour inspectors with regard to the gathering and provision of statistics, the Committee hopes that it will ensure that the central labour inspection authority makes efforts to develop tools to this end, including, in particular, inspection report forms for use by inspectors and controllers, adapted to the various categories of commercial and industrial workplaces liable to inspection and containing, in particular, headings for the type of visit, the legislative fields covered by the inspection, the inspector’s findings and follow-up action taken (advice, information, warning, interim measures until compliance, initiation of or recommendation for legal proceedings). Appropriate processing of such report forms by the inspection offices will allow the periodic reports referred to in Article 19 to be prepared and sent to the central inspection authority so that it has the necessary information for preparing the annual report, the publication and communication of which are prescribed by Article 20 and the content of which is defined by Article 21. The Committee hopes that the Government will provide information in its next report on any developments in this area and any relevant documents and reports.

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

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:

The Committee notes the Government’s report replying in part to its previous comments and the documentation attached to the report.

According to the Government, the reinforcement of the means of transport made available to the regional labour inspectorate had a very positive effect both on inspection activities and on the motivation of inspectors. The Committee requests the Government to provide information showing the extent of these improvements, including the number, frequency and effectiveness of the inspection visits to workplaces.

The Government is once again asked to provide a copy of the application form that labour inspectors may use to seek assistance from the civilian and military authorities in carrying out certain missions.

Lastly, the Committee trusts that the Government will provide information on the points it raised in its previous direct request, which read as follows:

Recalling once again that, as one of the ILO’s priority instruments, this Convention requires Members which have ratified it to provide the ILO with a report every two years on any new legislative provisions or measures taken by the competent authorities to give effect to it, in accordance with the questions raised in the report form. The Committee therefore requests the Government to provide such reports in future. It also requests the Government to provide information on the following points.

The Committee would be grateful if the Government would indicate the progress made in the procedure for the enactment of various decrees under sections L.168, L.185, L.186, L.189 and L.190 of the Labour Code, the signature of which was announced in its report, and to provide copies, where appropriate.

Article 2, Article 3, paragraph 1(a), and Articles 17 and 18 of the Convention. With reference to its previous comments, the Committee notes the penalties set out in sections L.278-L.286 of the Labour Code for violations of certain specific provisions of the labour law. It notes that the penalties for obstructing labour inspectors in the exercise of their duties are set out in section L.281, but notes once again that no penalties appear to be envisaged for violations of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, such as provisions relating to hours of work, wages and occupational safety and health conditions. The Committee trusts that the Government will take the necessary measures to establish a system of penalties applicable to this type of violation with a view to giving effect to the relevant provisions of the Convention.

Article 12. Further to its previous comments, the Committee requests the Government to take measures to supplement the powers set out in section L.197 of the Labour Code through the adoption of legal provisions under which labour inspectors are authorized to enter at night any workplace liable to inspection and by day any premises which they may have reasonable cause to believe to be liable to inspection (paragraph 1(a) and (b)), and a provision authorizing them to refrain from notifying the employer or his representative of their presence on the occasion of an inspection visit where they consider that such a notification may be prejudicial to the performance of their duties.

Articles 20 and 21. Noting the Government’s partial replies to its previous comments on these provisions, the Committee would be grateful if it would provide information on the results of a survey announced in 1992 on occupational medicine in electricity, water and construction companies.

The Committee hopes that the Government will soon transmit the annual report for 2000, as it has undertaken to do, and that in future it will transmit such reports containing the information required on each of the matters set out in Article 21 within the time limits provided for in Article 20.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report replying in part to its previous comments and the documentation attached to the report.

According to the Government, the reinforcement of the means of transport made available to the regional labour inspectorate had a very positive effect both on inspection activities and on the motivation of inspectors. The Committee requests the Government to provide information showing the extent of these improvements, including the number, frequency and effectiveness of the inspection visits to workplaces.

The Government is once again asked to provide a copy of the application form that labour inspectors may use to seek assistance from the civilian and military authorities in carrying out certain missions.

Lastly, the Committee trusts that the Government will provide information on the points it raised in its previous direct request, which read as follows:

Recalling once again that, as one of the ILO’s priority instruments, this Convention requires Members which have ratified it to provide the ILO with a report every two years on any new legislative provisions or measures taken by the competent authorities to give effect to it, in accordance with the questions raised in the report form. The Committee therefore requests the Government to provide such reports in future. It also requests the Government to provide information on the following points.

The Committee would be grateful if the Government would indicate the progress made in the procedure for the enactment of various decrees under sections L.168, L.185, L.186, L.189 and L.190 of the Labour Code, the signature of which was announced in its report, and to provide copies, where appropriate.

Article 2, Article 3, paragraph 1(a), and Articles 17 and 18 of the Convention. With reference to its previous comments, the Committee notes the penalties set out in sections L.278-L.286 of the Labour Code for violations of certain specific provisions of the labour law. It notes that the penalties for obstructing labour inspectors in the exercise of their duties are set out in section L.281, but notes once again that no penalties appear to be envisaged for violations of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, such as provisions relating to hours of work, wages and occupational safety and health conditions. The Committee trusts that the Government will take the necessary measures to establish a system of penalties applicable to this type of violation with a view to giving effect to the relevant provisions of the Convention.

Article 12. Further to its previous comments, the Committee requests the Government to take measures to supplement the powers set out in section L.197 of the Labour Code through the adoption of legal provisions under which labour inspectors are authorized to enter at night any workplace liable to inspection and by day any premises which they may have reasonable cause to believe to be liable to inspection (paragraph 1(a) and (b)), and a provision authorizing them to refrain from notifying the employer or his representative of their presence on the occasion of an inspection visit where they consider that such a notification may be prejudicial to the performance of their duties.

Articles 20 and 21. Noting the Government’s partial replies to its previous comments on these provisions, the Committee would be grateful if it would provide information on the results of a survey announced in 1992 on occupational medicine in electricity, water and construction companies.

The Committee hopes that the Government will soon transmit the annual report for 2000, as it has undertaken to do, and that in future it will transmit such reports containing the information required on each of the matters set out in Article 21 within the time limits provided for in Article 20.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Also with reference to its observation, the Committee notes the Government’s brief report, the partial replies provided to its earlier comments and the attached documents.

Recalling once again that, as one of the ILO’s priority instruments, this Convention requires Members which have ratified it to provide the ILO with a report every two years on any new legislative provisions or measures taken by the competent authorities to give effect to it, in accordance with the questions raised in the report form. The Committee therefore requests the Government to provide such reports in future. It also requests the Government to provide information on the following points.

The Committee would be grateful if the Government would indicate the progress made in the procedure for the enactment of various decrees under sections L.168, L.185, L.186, L.189 and L.190 of the Labour Code, the signature of which was announced in its report, and to provide copies, where appropriate.

Articles 2; 3, paragraph 1(a); 17 and 18 of the Convention. With reference to its previous comments, the Committee notes the penalties set out in sections L.278 to L.286 of the Labour Code for violations of certain specific provisions of labour law. It notes that the penalties for obstructing labour inspectors in the exercise of their duties are set out in section L.281, but notes once again that no penalties appear to be envisaged for violations of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, such as provisions relating to hours of work, wages and occupational safety and health conditions. The Committee trusts that the Government will take the necessary measures to establish a system of penalties applicable to this type of violation with a view to giving effect to the relevant provisions of the Convention.

Article 5(a). With reference to its previous comments on the application of this provision, and noting that the civil and military authorities provide assistance to labour inspectors on the basis of request forms intended for this purpose, the Committee requests the Government to indicate the authorities in question and to provide a copy of the above form.

Article 12. Further to its previous comments, the Committee requests the Government to take measures to supplement the powers set out in section L.197 of the Labour Code through the adoption of legal provisions under which labour inspectors are authorized to enter at night any workplace liable to inspection and by day any premises which they may have reasonable cause to believe to be liable to inspection (paragraph 1(a) and (b)), and a provision authorizing them to refrain from notifying the employer or his representative of their presence on the occasion of an inspection visit where they consider that such a notification may be prejudicial to the performance of their duties.

Articles 20 and 21. Noting the Government’s partial replies to its previous comments on these provisions, the Committee would be grateful if it would provide information on the results of a survey announced in 1992 on occupational medicine in electricity, water and construction companies.

The Committee hopes that the Government will soon transmit the annual report for 2000, as it has undertaken to do, and that in future it will transmit such reports containing the information required on each of the matters set out in Article 21 within the time limits provided for in Article 20.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Articles 11, paragraph 2, and 16. The Committee notes with interest that, further to its previous comments concerning the need to provide the inspection services with equipment and transport facilities to enable them to discharge their function of supervising workplaces as effectively as possible, the Government took measures in 1999 to allocate new service vehicles to all the regional labour inspection services. It would be grateful if the Government would supplement this information by indicating the geographical distribution of service vehicles and by providing information on the impact of this improvement in the facilities available on the number and quality of inspections.

The Committee is also addressing a request directly to the Government on certain points.

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

The Committee notes the Government’s successive reports, according to which no change has occurred in the application of the Convention since 1993. It nevertheless notes the adoption in 1997 of a new Labour Code. The Committee hopes that the Government will not fail to provide copies, as soon as they are published, of each of the texts to be issued under sections L.168(2), L.185, L.186, L.189 and L.190 concerning, respectively, measures for the organization and functioning of institutions contributing to the observance of safety and health requirements, the improvement of working conditions and the health protection of workers; the organization, duties, functioning and means of action of occupational safety services; the organization, functioning and means of action of occupational medicine services; the organization and functioning of regional labour and social security inspectorates; and the status of labour and social security inspectors and controllers. The Committee however wishes to draw the Government’s attention to and requests it to provide additional information on the following points.

1.  Reporting obligations.  The present Convention is classified as a priority instrument and, as such, requires Members which have ratified it to provide the ILO every two years with a detailed report on the legislative provisions or any other measures taken by the competent authorities for its application, by providing the information required in the report form. The Government is requested to take the appropriate measures for effective compliance with this obligation.

2.  Annual general report on the work of the inspection services.  The Committee notes that, over the past ten years, the competent authority has not provided any annual report of the inspection services. The preparation, publication and transmission to the ILO of such reports are required by Article 20, containing information on the subjects enumerated in Article 21(a) to (g) of the Convention. However, the note on the results of the survey of occupational medicine for the period ending 1990 provides statistical information on the subjects covered by Article 21(c), (d), (e), (f) and (g), of the above Article in the field of occupational health in a number of sectors. The survey was supposed to have covered other sectors in so far as adequate material resources were made available to the services responsible for the survey. The Committee would be grateful if the Government would provide information on the results of the survey as announced in other sectors, as well as on any measures and action which may have been envisaged and implemented based on the findings of the survey. It would also be grateful if the Government would in addition take the necessary measures to ensure that the competent authority prepares, publishes and transmits regularly to the ILO copies of annual reports containing information on the subjects enumerated in Article 21 for all the sectors liable to supervision by the labour inspection services.

3.  Powers of labour inspectors and effectiveness of inspections in workplaces liable to inspection.  The Committee notes that the new Labour Code maintains restrictions on the powers of labour inspections which can only prejudice their authority and independence and, therefore, the effectiveness of their work. Under the terms of section L.97, labour inspectors can only enter workplaces liable to inspection during the daytime, and only where such workplaces employ workers who are legally protected. The Committee recalls that, in accordance with Article 12(1)(a) of the Convention, inspectors should be able to enter freely and without previous notice, also at any hour of the night, any workplace liable to inspection, without any restriction related to the status of the workers who may be employed therein. The freedom of inspectors to enter workplaces as envisaged by the Convention is required precisely to enable them to detect any unlawful work at any time. However, the new legislation does not contain a provision explicitly authorizing labour inspectors to enter such workplaces freely and without previous notice. The authorization required under the terms of section 197(1) from the employer or his representative to accompany the inspector is not in conformity with Article 12(2) of the Convention, according to which labour inspectors should have the possibility of refraining from notifying them of their presence when they consider that such notification may be prejudicial to the performance of their duties. The Government is requested to take measures to make appropriate amendments to its legislation with a view to ensuring that it is in conformity with the above provisions of the Convention and to keep the ILO informed of any progress achieved in this respect.

4.  Assistance of the civil and military authorities to labour inspectors.  The Committee notes that, in accordance with section 196 of the Labour Code, the civil and military authorities must provide labour inspectors, at their request, with help and assistance in the discharge of their duties. It requests the Government to indicate the procedures for the implementation of this provision, particularly as they relate to the collaboration of the military authorities in the discharge of the functions of the labour inspection services.

5.  Transport facilities.  The Committee notes from the above survey concerning occupational health that emphasis is placed on the manifest inadequacy of the means of transport available to the labour inspection services to carry out an exhaustive survey of the situation, and therefore on the need to improve these facilities. For the discharge of their functions, the labour inspection services should also be provided with adequate vehicles or transport facilities. The absence or manifest inadequacy of such means of transport constitutes an obstacle to labour inspection. Employers who employ workers in workplaces that are distant from the inspection services may therefore consider that they are protected from sanctions to which they would otherwise be liable due to the failure to observe the applicable legal provisions concerning conditions of work and the protection of workers in the performance of their work. The Committee would be grateful if the Government would indicate the manner in which effect is given to Article 11 of the Convention, which sets out the obligation for the competent authority to make the necessary arrangements to furnish labour inspectors with the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist (Article 11(1)(b)) and for the reimbursement to labour inspectors of any travelling and incidental expenses which may be necessary for the performance of their duties (Article 11(2)).

6.  Legal basis for penalties for violations of the legal provisions the application of which is supervised by labour inspectors.  The Committee notes that the Labour Code does not set out the penalties to which employers and workers are liable for violations of provisions the application of which is supervised by the labour inspection services. It would be grateful if the Government would indicate the instruments which provide a legal basis for the decisions of labour inspectors and of the respective administrative and judicial bodies.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Articles 20 and 21 of the Convention. Further to its previous observations, the Committee recalls the data and analysis contained in the Note on labour statistics for 1988. It notes with interest the Government's statement that the necessary steps will be taken to include statistics of occupational diseases in the Note in future. The Committee hopes that the Government will shortly provide copies of the annual Notes from 1988 onwards, in accordance with Article 20 of the Convention. It also asks the Government to indicate the form in which the Notes are published.

Articles 3, paragraph 2, and 16. The Committee notes that only 15 per cent of the establishments registered in 1986 were inspected in 1988. For Dakar, the corresponding figure was 7.9 per cent. It would be grateful if the Government would indicate the measures taken or envisaged to ensure that workplaces are inspected as often and as thoroughly as is necessary, and that other tasks entrusted to labour inspectors do not hamper the performance of their main duties.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 21 of the Convention. The Committee notes with interest the information contained in the Note on labour statistics for 1988. It expresses the hope that, in future, it will be possible for the Note to be completed by a list of the laws and regulations relevant to the work of the inspection services and by statistics of occupational diseases (Article 21(a) and (g)).