Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Labour Inspection Convention, 1947 (No. 81) - Guinea-Bissau (Ratification: 1977)

Other comments on C081

Observation

Direct Request

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Legislative developments. The Committee notes the adoption of the Labour Code in July 2022. It also notes that the statutes of the General Labour Inspectorate have been approved by the Council of Ministers and are awaiting promulgation.

Article 3(2) of the Convention. 1. Role of labour inspection in relation to the exercise of trade union rights. The Committee notes that, according to the annual labour inspection report for 2020 and the labour inspection report for the first half of 2021 (January to May), labour inspectors monitor public establishments to check the participation of workers in strikes, noting the names of the public employees who are absent on strike days, thereby enabling the responsible Minister to have an idea of the support for strikes among public employees. The Committee requests the Government to take appropriate measures to release labour inspectors from any functions which may be perceived as undue interference in the activities of workers’ or employers’ organizations and which may therefore be prejudicial to the authority and impartiality which are necessary in their relations with employers and workers.

2. Mediation. The Committee notes that, in accordance with section 122 of the new Labour Code, workers may request the mediation of the labour inspection services if the agreement with the employer on the accumulation of annual leave falls through. The Committee recalls that, in accordance with Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, as set out in Article 3(1). The Committee therefore requests the Government to provide information on the time and resources devoted by the inspection services to mediation in relation to their primary duties, as enumerated in Article 3(1) of the Convention.

Article 4. Restructuring of the labour inspection system. Further to its previous request on the restructuring of the General Labour Inspectorate, the Committee notes the Government’s indication that the structure of the labour inspection services has been modified by the merger of two inspection services of the Ministry of Labour into a single structure (the Labour and Public Service Inspectorate). The Government indicates that the organization of the inspection services as proposed in the statutes approved by the Council of Ministers, which are awaiting promulgation, consists of the following: one inspector general, two deputy inspector generals, higher inspectors and intermediary technical inspectors. The Committee also notes that, in accordance with section 2 of the draft statutes of the General Labour Inspectorate, the central authority appoints the overall head of the Inspectorate, who is responsible for the supervision and control of the various services of the General Labour Inspectorate, under the terms of and for the purposes set out in Article 4 of the Convention. It also notes that the organic structure of the services of the General Labour Inspectorate is set out in Chapter II of the draft statutes and that, in accordance with section 7, the services of the Inspectorate are composed of central services, local services and the advisory body. The Committee requests the Government to continue providing information on any progress in the promulgation of the statutes of the General Labour Inspectorate and to provide an organizational chart of the Inspectorate once the new statutes are promulgated.

Articles 5(a) and 18. Effective cooperation between the labour inspection services and judicial bodies. Adequate penalties that are effectively enforced. Further to its previous request on the arrangements made or envisaged to ensure effective cooperation between the labour inspection services and the judicial system and to ensure that the labour inspectorate is notified of the outcome of judicial procedures, the Government indicates that there is no systematic cooperation between the labour inspection services and the judicial system. The Government indicates that the inspection services refer to the Office of the Attorney General cases for which no solution has been found through conciliation and that, on rare occasions, the final decision is notified to the labour inspection services by the Office of the Attorney General. In some cases, the inspection services are informed of judicial decisions by the workers themselves. The Government adds that no measures are envisaged to ensure effective cooperation between the labour inspection services and the judicial system, although it recognizes the importance of cooperation between labour inspection, the Office of the Attorney General and the courts. The labour inspection services nevertheless plan to prepare formal protocols in the near future for the establishment of effective cooperation between the various institutions referred to above. With reference to its previous request concerning the measures taken to ensure that penalties are dissuasive and effectively enforced, the Committee notes the Government’s indication that the penalties envisaged are related to sections 535 et seq. of the new Labour Code, which determines the seriousness of the various offences. For the determination of the penalty to be applied, and taking into account the pertinence of the interests prejudiced, offences are classified as “light, serious and very serious”, with a corresponding penalty for each level of the seriousness of the offence, and which varies depending on the turnover of the enterprise and the seriousness of the fault. The Committee requests the Government to continue its efforts to ensure effective cooperation between the inspection services and the judicial system and to provide for the outcome of judicial procedures to be notified to the labour inspection services. It also requests the Government to provide information on the formal protocols to which it refers for the establishment of effective cooperation between the inspection services and the judicial system. Finally, the Committee requests the Government to provide statistics on the penalties imposed at the national level in cases of contraventions of the legal provisions that are enforceable by labour inspectors.

Article 5(b). Collaboration with employers’ and workers’ organizations. Further to its previous request concerning collaboration between the labour inspection services and employers and workers and their organizations, the Committee notes the Government’s indication that the labour inspection services have two radio programmes intended to raise awareness in the country concerning occupational safety and issues relating to the Labour Code. In addition to these programmes, the Government indicates that the labour inspection services are also responsible for providing information to users on working days. Moreover, certain employers request the labour inspection services to train their workers on issues covered by the Labour Code. The Committee requests the Government to continue providing information on collaboration between the labour inspection services and employers and workers and their organizations.

Article 7(3). Training of labour inspectors. Further to its previous comment, the Committee notes the Government’s indication that four inspectors received training from 25 to 27 June 2019 on international labour standards and ILO constitutional obligations. The Committee notes that, according to the annual labour inspection report for 2020, the General Labour Inspectorate has developed a strategic plan, one of the strategic objectives of which is to carry out training for current inspectors in the various fields. However, the annual report indicates that the General Labour Inspectorate has not been able to achieve this objective, particularly due to the COVID-19 pandemic. Moreover, the labour inspection report for the first half of 2021 (January to May) indicates that training has not yet been organized for current inspectors due to the lack of financial resources, even though undertakings have been given to provide training. The Committee notes in this regard that section 48 of the draft statutes of the General Labour Inspectorate provides that members of the personnel of the Inspectorate shall receive adequate vocational training and that the Inspectorate shall organize vocational training courses, internships and activities in the country and abroad. The Committee therefore once again requests the Government to intensify its efforts to ensure that labour inspectors receive adequate training and to provide information on this subject.

Articles 10, 11 and 16. Functioning of the labour inspection system. Further to its previous comment, the Committee notes the Government’s indication in its report that additional human resources have been made available to the General Labour Inspectorate. The Government indicates that, in the context of staff reassignment, several officials have been transferred from other structures in the Ministry to the inspection services and that there are now 31 inspectors, including the inspector general. The Government adds that 109 inspections were carried out in 2020 and 37 were undertaken during the period between January and May 2021, resulting in a total of 146 inspections between January 2020 and May 2021. With regard to means of transport, the Government indicates that the inspection services currently do not have any vehicles. The Committee notes from the annual labour inspection report for 2020 that the inspectorate has been facing difficulties in its functioning for years, as it does not have its own means of transport and the inspectors work in premises that are inadequately equipped for the inspection services. According to the labour inspection report for the first half of 2021 (January to May), in order to discharge their functions, inspectors require means of transport to go to distant locations and to identify enterprises, and the labour inspection services are awaiting the support of the Ministry of the Economy to be able to respond to the challenges that they are facing. The Committee requests the Government to continue its efforts to ensure that workplaces are inspected as often and as thoroughly as necessary. In this regard, it encourages the Government to continue its efforts to ensure that the labour inspection services are provided with the human and material resources necessary for the effective discharge of their inspection functions, including appropriately equipped offices and adequate numbers of means of transport. It requests the Government to provide information on the measures adopted and the progress achieved in this respect and to continue providing information on the current number of labour inspectors, the number of inspections carried out and the number of vehicles at their disposal.

Article 14. Notification of industrial accidents and cases of occupational disease. Further to its previous comment, the Committee notes the Government’s indication that no specific measures have been taken to improve the communication by employers of industrial accidents and cases of occupational disease to the inspection services. The Government indicates that the inspection services are often informed of cases of industrial accidents a posteriori and that the labour inspection services have not imposed any penalties, and that Decree No. 24-A/90 approving the regulations of the General Labour Inspectorate, which are currently in force, sets penalties at derisory levels. The Committee notes that, in accordance with section 60 of the draft statutes of the General Labour Inspectorate, which are awaiting promulgation, in the event of a fatal industrial accident or an industrial accident or occupational disease involving a particularly serious situation, the employer is required to notify the General Labour Inspectorate forthwith. Under section 61, employers are required to collect, compile and communicate to the General Labour Inspectorate quarterly data on occupational diseases that have been diagnosed and industrial accidents that have resulted in the absence of the injured person for over one working day. The Committee also notes that, under the terms of section 63 of the draft text, any violation of section 61 gives rise to a fine corresponding as a minimum and at the maximum to the value of five monthly basic wages defined as the minimum applicable in the public service. The Committee requests the Government to take the necessary measures to ensure the notification of industrial accidents and occupational diseases to the labour inspection services and to provide information on the penalties imposed in practice in the event of failure to comply with the requirement for employers to notify cases of occupational diseases and industrial accidents. Finally, the Committee requests the Government to provide statistics on industrial accidents and occupational diseases.

Articles 20 and 21. Annual report on the activities of the labour inspection services. Further to its previous comment, the Committee notes the annual labour inspection report for 2020 and the report for the first half of 2021 (January to May), which include information on the number of persons employed by the labour inspection services, incomplete statistics on workplaces liable to inspection and statistics on the number of inspections carried out. The reports also contain statistics on the offences identified and the penalties imposed in private establishments. The Government indicates that the labour inspection reports have not been published and that they are only submitted to the Office of the Minister for information with a view to determining corrective measures. The Committee requests the Government to take all the necessary measures to ensure the publication of the annual report on the work of the labour inspection services, in accordance with Article 20 of the Convention, and that it contains information on all the subjects enumerated in Article 21, including statistics on the workplaces liable to inspection and the number of workers employed therein (Article 21(c)), statistics of violations and penalties imposed in public establishments (Article 21(e)), statistics of industrial accidents (Article 21(f)) and statistics of occupational diseases (Article 21(g)).