Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 81) sur l'inspection du travail, 1947 - Djibouti (Ratification: 1978)

Articles 1 and 2 of the Convention. Supervision of conditions of work and the protection of workers in industrial and commercial establishments in export processing zones (EPZs). The Committee notes the information provided by the Government, in response to its previous comment, that Act No. 221/AN/17/8ème L, amending and supplementing Act No. 133/AN/05/5ème L of 28 January 2006 issuing the Labour Code, was adopted on 25 June 2018, following consultation with the National Council for Labour, Employment and Social Security (CONTESS). The Government indicates that, as under the terms of the new section 1 the Labour Code is henceforth applicable throughout the country, the category of workers of industrial and commercial establishments in EPZs is no longer excluded from the scope of application of the Labour Code. The Committee notes this information and nonetheless requests the Government to provide information on the inspections conducted by labour inspectors in the EPZs, including the number of inspections carried out, the number and nature of the infringements detected and the penalties imposed.

Article 3(2). Additional duties entrusted to labour inspectors. In its previous comment, the Committee noted that the labour inspection services were still experiencing difficulty in discharging their primary duties, including the enforcement of legal provisions relating to the improvement of working conditions and the protection of workers. Having noted the adoption of Act No. 25/AN/18/8ème L. of 27 February 2019 on the reorganization of the Ministry of Labour, responsible for the reform of the administration, section 14 of which lists the duties entrusted to the labour and social legislation inspection services, the Committee emphasizes that these duties include those that tend to contribute to the prevention of labour disputes, and assistance for workers and employers in the formulation of collective labour agreements or pacts, which are duties that are not included in the list of primary duties in Article 3(1) of the Convention, and may prevent the fulfilment of the primary duties (in this regard, see the Committee’s 2006 General Survey on labour inspection, paragraphs 69 to 74, 79 to 81 and 368). The Committee requests the Government to provide detailed information on the measures taken or envisaged to ensure that the duties other than their primary duties, entrusted to labour inspectors, do not interfere with the discharge of the latter. The Committee also requests the Government to provide specific information on the time and resources dedicated to the prevention of labour disputes and the assistance afforded to labour inspectors for the formulation of collective labour agreements or pacts.

Articles 4 and 6. Restructuring of the labour inspection system. Status of inspectors. The Committee notes that: (i) Act No. 107/AN/10/6ème L of February 2011, on the organization of the Ministry of Employment, Integration and Vocational Training, which instituted the labour inspection services as an independent department, was abrogated by Act No. 25/AN/18/8ème L of 27 February 2019, on the reorganization of the Ministry of Labour, responsible for the reform of the administration; (ii) under section 4 of this Act, the labour and social legislation inspection services fall under the Ministry of Labour, responsible for the reform of the administration; (iii) section 15 sets out the structure of the labour and social legislation inspection services; and (iv) under section 16, a draft decree establishing the organization of the above services and governing the special status of the body of inspectors and controllers will be presented to the CONTESS shortly. The Committee requests the Government to provide detailed information on the current status of labour inspectors and controllers, and information on the adoption of the above-mentioned decree and a copy of it once it is adopted.

Article 7(3). Training of inspectors. Further to its previous comment, the Committee notes that labour inspectors and controllers have benefited from a year-long graduate training course, initiated by the Ministry of Labour and delivered by the National Institute of Public Administration, and that the Government would like this training course to be supplemented with training at the Turin Centre. The Committee requests the Government to: (i) provide further information on the training already made available to labour inspectors and controllers, such as the subjects covered and the duration of the courses; and (ii) indicate whether there are plans to provide continuous training for these inspectors and controllers. The Committee notes the Government’s request for technical assistance from the Office and hopes that this assistance will be provided in the near future.

Articles 10, 11 and 16. Reinforcement of the material resources of the labour inspection system. The Committee notes the Government’s indication that it makes two vehicles available to the labour inspection services, pays or reimburses the inspectors’ transport, travel and subsistence costs, and also provides them with all the necessary material resources. The Committee further notes the indication that the number of labour inspectors and controllers has been increased from three to five and from ten to seventeen, respectively. The Committee requests the Government to provide detailed information on the budget allocated to the labour and social legislation inspection services, and to continue to take the necessary steps to ensure that it is sufficient to enable the labour and social legislation inspection services to carry out their tasks effectively, including the provision of suitably equipped offices and the necessary means of transport. The Committee also requests the Government to continue to provide information on the strengthening of the human resources allocated to labour inspectors and controllers and to describe the procedure applicable for the reimbursement of transport and travel costs incurred by labour inspectors in the performance of their duties.

Articles 20 and 21. Publication, communication and content of the annual inspection report. The Committee notes that the Government refers it to the information contained in the 2021 activity report of the labour and social legislation inspection services but notes that this report has not been received by the Office. The Committee requests the Government to ensure that a copy of the annual labour inspection report is sent to the Director-General of the Office, in application of Article 20 of the Convention. The Committee emphasizes that such a report should contain information as detailed as possible on the subjects listed under Article 21 (in this regard, see paragraph 322 of the 2006 General Survey on labour inspection) and requests the Government to make sure that that is the case.