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

Togo

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

Previous comment

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

Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129. Powers and prerogatives of labour inspectors. In its previous comment, the Committee noted that, under section 188(1) of the Labour Code, inspectors are required to notify the head or deputy head of the enterprise or establishment at the start of the inspection, and that the latter may accompany them during the inspection. The Committee recalled that, in accordance with the above-mentioned Articles of Conventions Nos 81 and 129, labour inspectors are dispensed from this requirement if they consider that such notification may be prejudicial to the effectiveness of the inspection. The Committee notes with regret that section 239 of the Labour Code of 2021 essentially reproduces the same wording, stipulating that inspectors shall notify the head or deputy head of the enterprise or establishment at the start of the inspection, and that the latter may accompany them during the inspection. The Committee requests the Government to take the necessary measures to ensure that its national legislation is in conformity with the above-mentioned Articles of Conventions Nos 81 and 129 and to provide information on any progress achieved in this regard.

Article 17 of Convention No. 81 and Article 22 of Convention No. 129. Action to be taken in the event of violations. The Committee notes with regret that section 238 of the Labour Code of 2021 reproduces the wording of the Code of 2006, stipulating that the social legislation and labour inspector must give the head of the establishment warning before issuing a report. This section also stipulates that the inspector may issue a report without previous warning in cases of extreme emergency. The inspector may also order measures with immediate executory force to put an end to any serious and imminent danger. The Government specifies that cases of extreme emergency relate to situations presenting dangers to the safety and health of workers. The Committee recalls that Article 17 of Convention No. 81 and Article 22 of Convention No. 129 provide that, with certain exceptions, legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning, and that it must be left to the discretion of labour inspectors to give a warning or advice instead of instituting or recommending proceedings. The Committee once again requests the Government to take the necessary measures to ensure that persons who violate the legal provisions enforceable by labour inspectors are liable to prompt legal proceedings, without previous warning, and that it must be left to the discretion of labour inspectors to give warning or advice instead of instituting or recommending proceedings.

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