Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 81) sur l'inspection du travail, 1947 - Sénégal (Ratification: 1962)

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.