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

Labour Administration Convention, 1978 (No. 150) - Gabon (Ratification: 1979)

Articles 1 and 4 of the Convention. Organization and effective operation of the system of labour administration. In its previous comments on the Labour Inspection Convention, 1947 (No. 81), the Committee noted that, further to a request from the Government in 2009, the ILO conducted an analytical study (hereinafter “analysis”) of the country’s labour administration and inspection systems in 2010. It notes that one of the main recommendations of the analysis concerns a reviewing of the structure of the national labour administration system in order to clearly define the duties and responsibilities of the various parties, avoiding any overlap of work and ensuring better collaboration with attached departments and other ministries. The Committee notes that the Government refers to the reorganization of the Ministry of Labour through the attachment of a department responsible for vocational training and its consequent renaming as the Ministry of Labour, Employment and Vocational training (MTEFP). It further notes the Government’s reference, in its report on the application of Convention No. 81, to the organization chart for the new Directorate-General for Occupational Hygiene and Medicine within the MTEFP, for which the relevant legislative text is due to be published. The Committee asks the Government to supply detailed information on the measures taken or contemplated to follow up on the abovementioned recommendations. It requests the Government to provide a copy of the legislation assigning the responsibilities and structure of the MTEFP and also an organization chart of the main bodies comprising the labour administration system showing the provincial and local departments.

Article 3. Activities in the field of national labour policy regulated by recourse to direct negotiations between employers’ and workers’ organizations. The Committee notes that, at the time the analysis was conducted in 2010, the social dialogue mechanisms within the joint committees (particularly the Labour Advisory Board, the Technical Advisory Committee on Occupational Safety and Health and the National Wage Review Board) were not yet operational. The Committee requests the Government to supply information on the operation in practice of the joint committees, together with copies of extracts from reports on work done within these bodies during the next reporting period. Referring to its previous comments, the Committee once again asks the Government to indicate which activities in the field of national labour policy are regarded as being matters regulated by recourse to direct negotiations between employers’ and workers’ organizations, and to supply information on the outcome of negotiations conducted in this context, and also copies of any relevant collective agreements.

Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee notes the Government’s statement that consultations and negotiations between the public authorities and employers’ and workers’ organizations take place when necessary. It notes that the Government refers to the current reform of the Labour Code as an example of consultation with the social partners. It further notes that, contrary to the Government’s indication, the records of the negotiations mentioned in the report are not attached to it. Referring to its comments on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee notes that the problem of determining the most representative trade union organizations persists. The Committee asks the Government to provide information on the criteria used to determine the spheres in which tripartite consultation, cooperation and negotiation are necessary and the measures taken to ensure that these take place at the national, regional and local levels. It requests the Government to continue to provide information on these consultations and their outcome (especially with regard to the formulation of the national labour and employment policy) and to send copies of the relevant legislative texts and extracts from reports. It also asks the Government to indicate the progress made with regard to identifying the most representative workers’ organizations.

Article 6. National labour and employment policy. The Committee notes the Government’s indication that the national employment policy is being formulated, subject to the national employment and unemployment survey and the informal sector survey being conducted. Recalling that, according to the analysis, the absence of basic labour statistics and analytical studies was considered a major obstacle to the formulation of labour, employment and social security policies, the Committee notes with interest that, according to the general report on the work of the national employment forum, published on the website of the Ministry of Economics and Forecasting, the National Employment Observatory, responsible for monitoring of the job market, has been put into operation. The same general report describes the restructuring and reinforcement of the National Employment Office (ONE) in order to make it the executive body for the national employment promotion policy, including through better deployment throughout the country. The Committee requests the Government to supply information on the results of the abovementioned surveys. It also requests the Government to supply details of the activity of the National Employment Observatory with regard to monitoring the job market. It further asks the Government to indicate the progress made on the formulation of the national employment policy and to send a copy of it, once it has been adopted.

Article 7. Extension of the functions of the system of labour administration to include activities for categories of workers who are not, in law, employed persons. The Committee notes the information contained in the analysis to the effect that self-employed workers can use ONE services in such contexts as training in relation to the establishment and management of a small enterprise. It also notes that this analysis cites a project for the coverage of self-employed workers by the National Health Insurance and Social Guarantee Fund. The analysis also refers to the existence of two ministerial departments responsible for the informal sector. The Committee asks the Government to supply details of the manner in which labour administration services are provided for workers who are not, in law, employed persons. Referring to its comments under Article 6, it also requests the Government to indicate, if applicable, the employment policy measures targeting the informal sector.

Article 8. Formulation of national policy in the area of international labour relations. The Committee notes that the analysis refers to operational problems in the Directorate for International Relations at the MTEFP, at the time it was established in 2010, because of posts remaining vacant. The Committee requests the Government to provide information on the work of the Directorate for International Relations at the MTEFP or of any other body with responsibilities in this area, and to send a copy of all relevant reports on this subject.

Article 10(1). Qualifications and training of staff of the labour administration system. The Committee notes that the analysis highlights a lack of specific data on the number of employees performing duties within the labour administration and also a lack of specialists to meet the requirements of the service, particularly employment specialists and statisticians for the preparation of an employment policy. The Committee also notes the Government’s reference to training given to officials since 2008, with ILO cooperation, which appears to relate in particular to labour inspectors. The Committee requests the Government to send information on the recruitment of specialists (including economists and statisticians) to vacant posts within the labour administration, and also detailed information on the training given to officials in the labour administration system.

Article 10(2). Status, material means and financial resources necessary for staff. The Committee notes that, according to the analysis, there are insufficient logistical, material and human resources, particularly in the provincial departments of the labour administration system. It also notes that, according to the conclusions of the analysis, not all staff of the ONE have the status of officials. The Committee asks the Government to take appropriate steps to ensure that the main bodies comprising the labour administration system are allocated both the necessary financial resources and sufficient numbers of staff deployed throughout the country.