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

Sierra Leone

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1961)
Labour Administration Convention, 1978 (No. 150) (Ratification: 2021)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

Labour Inspection Convention, 1947 (No. 81)

Article 4 of the Convention. Labour Reform. Structure and organization of the system of labour inspection. Supervision and control by a central authority. The Government indicates that labour inspection is placed under the supervision and control of the Ministry of Employment, Labour and Social Security, which is the central authority. The Committee notes that, according to the Organigramme of the Ministry provided by the Government, under the Directorate of Labour and Employment there are labour and employment officers/inspectors, while under the Directorate for Occupational Safety and Health (OSH) there are OSH officers/ inspectors, and that they all report to the Commissioner of Labour. The Government indicates that inspections relating to OSH are carried out by the new Directorate of OSH pursuant to the Factories Act 1974, which is still in force pending the adoption of the new OSH Act. The Committee requests the Government to provide clarifications on the structure of the labour inspection services following the adoption of the new Employment Act 2023, including an organizational chart, if available. The Committee also requests the Government to provide information on the performance of any labour inspection functions that have been entrusted to the bodies of provincial regions.

Article 9. Association of duly qualified technical experts and specialists in the work of the labour inspection services. In reply to Committee’s previous request, the Government indicates that high consideration is given by the Ministry during recruitment processes to acquire qualified professionals with technical expertise associated with inspections in areas such as engineering, electricity and chemistry. Additionally, the Ministry works in partnership with other stakeholders to assure the participation in OSH inspection of qualified professionals in areas such as medicine, engineering, electricity and chemistry. The Committee takes note of this information which addresses its previous request.

Article 16. Sufficient number of inspection visits. In reply to the Committee’s previous request for information on the number of labour inspections, including the number of labour inspections that were routine visits and those that were made in reaction to a complaint, the Government indicates that there is currently no statistical data available. Recalling that in accordance with Article 16 of the Convention, workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee reiterates its request that the Government indicate how it is ensured that a sufficient number of labour inspections are undertaken and requests that the Government provide information on any practical measures taken in this regard. The Committee requests once again that the Government provide statistical information on the number of labour inspections by indicating the number of labour inspections that were routine visits and those that were made in reaction to a complaint.

Labour Administration Convention, 1978 (No. 150)

The Committee notes the Government’s first report.

Articles 1 and 4 of the Convention. Organization, and effective operation of the labour administration system and coordination of its functions. The Government indicates that the Ministry of Employment, Labour and Social Security is the principal Government body responsible for labour administration matters and is conferred supervisory and administrative duties for all labour related activities. The Committee notes that the Ministry has undertaken administrative restructuring which led to a new organizational structure. In this respect the Committee notes the detailed information provided with respect to the functions of the Labour Commissioner under the new Employment Act 2023, as well as the internal organization of the Ministry, including its Directorates and specialized units. The Committee requests the Government to provide information on the measures taken to ensure adequate coordination between the central administration and the various institutions and bodies, including those providing field services. It also requests the Government to communicate extracts of any reports or other periodic information provided by the principal labour administration services.

Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee takes note of the different arrangements that are in place at national level aiming to secure consultation, co-operation and negotiation between the public authorities and the most representative organizations of employers and workers, or employers’ and workers’ representatives. With respect to tripartite bodies, the Committee notes that the Joint Consultative Committee provides advice to the Minister on labour matters and the tripartite Joint National Negotiation Board has a mandate to set and review the minimum wages every second year. At the level of the different sectors of economic activity, consultations are sometimes made on a trade group basis. There are about 18 trade groups which comprise equal numbers of representatives from the employers’ and workers’ organizations in a particular trade or economic activity such as mining, building and construction, and public utilities. The Committee notes that the National Employment Policy 2020-2024 provides for the establishment of a Tripartite Plus Committee on employment as a forum for the coordination of the activities executed by the various authorities and bodies concerned with particular aspects of the employment policy. Moreover, the National Social Security and Insurance Trust (NASSIT) holds at least five tripartite meetings yearly. Noting the arrangements made at the national and sectoral level, the Committee requests the Government to indicate whether any arrangements are made at the regional and local levels. The Committee requests the Government to provide information on the functioning, composition and activities of the Tripartite Plus Committee on employment.The Committee alsorequests the Government to refer to its comments on the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 6(1) and (2)(a). National employment policy. The Committee takes note of the adoption of the National Employment Policy 2020-2024. The Government indicates that the representatives of the employers’ and workers’ organizations actively participate from the commencement up to the point of validating a developed and or reviewed national employment policy. The Committee requests the Government to provide information on the administration, co-ordination, and review of the National Employment Policy, as well as on any new policy subsequently adopted, indicating the role of the relevant bodies involved in the process.

Article 7. Gradual extension of the labour administration system. The Government indicates that national conditions provide for the gradual extension of the functions of labour administration system in order to cover persons performing work which can be deemed to be in the nature of employment or work for remuneration. The Committee notes that unlike formal sector workers, the National Social Security and Insurance Trust (Amendment) Act 2016 provides that informal sector workers can only voluntarily join the scheme. However, the Committee notes that efforts are currently being made to incorporate informal sector workers into the social security insurance scheme. The Committee requests the Government to continue to provide information on the progress achieved in extending social security coverage to workers in the informal economy, and on all other measures taken or envisaged to extend the functions of the system of labour administration to the categories of workers covered by Article 7.

Article 10(2). Human resources and material means and financial resources necessary for the operation of the labour administration system. Regarding human resources, the Committee notes that there are currently 65 staff exercising functions in the area of labour administration within the Ministry (16 Administrative staff; 35 Technical/professional staff and 14 assigned staff) and provides information on their geographical distribution. The Government indicates that, despite the fact that there are more than 50 vacancies, the Human Resources Management Office of the Public Service Commission and the Ministry of Finance have not given approval to the Ministry to recruit staff. Regarding financial resources, the Government indicates that more funding is required to ensure an effective labour administration and that only 1 per cent of the budget of the Ministry comes from the Government. The Committee requests the Government to continue to provide detailed information on the number of the labour administration staff, if possible disaggregated by gender. The Committee requests the Government to provide information on the measures taken or envisaged to increase the number of labour administration staff. Noting the challenges with respect to funding, the Committee requests the Government to pursue its efforts to reinforce the financial resources made available to the labour administration services and to provide more information on the material means currently available to labour administration staff for the performance of their duties.