Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour Inspection Convention, 1947 (No. 81) - Sudan (Ratification: 1970)

Other comments on C081

Observation

Direct Request

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Referring to its observation, the Committee wishes to raise the following additional points.

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. The Committee notes the indication in the Government’s report that labour disputes are submitted to labour inspectors by workers and employers. In this regard, it understands that one of the questions discussed at the National Tripartite Workshop on Labour Inspection, held in May 2014, was the lack of resources and the significant part of labour inspectors’ activities devoted to the resolution of labour disputes. The Committee accordingly reminds the Government of the primary functions of labour inspectors under Article 3(1) of the Convention (enforcement of the legal provisions relating to conditions of work and the protection of workers and advice to employers and workers) and of the guidelines in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. In the light of the limited human and material resources available to the inspectorate, the Committee asks that the Government provide information on the measures taken, in accordance with Article 3(2) of the Convention, to ensure that any other functions entrusted to inspection officers do not interfere with the effective discharge of their primary duties. It also asks that the Government provide information, in its next report, on the proportion of activities of labour inspectors devoted to dispute resolution in comparison to their primary functions.

Article 5(a). Effective cooperation between the inspection services and the judicial system. Noting an absence of information on this point, the Committee once again asks that the Government strengthen its efforts to promote effective cooperation between inspection services and judicial bodies. In this regard, the Committee asks that the Government provide information on the number of cases referred to the judicial authorities by the labour inspectorate, the number of cases dealt with by the courts, the type of penalties imposed, the areas of labour law concerned and copies of extracts of relevant court decisions.

Article 7(3). Adequate training for labour inspectors for the performance of their duties. The Committee notes with interest that 53 labour inspectors from each of the 18 states received training, during the abovementioned National Tripartite Workshop on Labour Inspection. It also notes that the draft strategy on labour inspection, elaborated during this workshop, includes measures to strengthen the capacity of the labour inspectorate through the development of training programmes. The Committee asks that the Government pursue its efforts to provide training for labour inspectors for the performance of their duties. It asks that the Government provide information on the specific measures undertaken in this regard as well as the impact of these measures on inspection activities.