Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Repetition

Articles 4, 6, 7, 10, 11 and 16 of the Convention. Application of the Convention in the context of the decentralization of labour inspection. Organization and functioning of the labour inspection system. The Committee refers to its previous observations in which it expressed concern at the impact of the decentralization of the public administration on the organization and functioning of the labour inspection system. In this regard, the Committee observed that the arrangements of the decentralization, characterized by a general and chronic inadequacy of resources, ran the risk of resulting in the absence of a single labour inspection policy throughout the national territory in relation to: (i) the planning of inspections and communication between labour inspectorates in different areas; (ii) the recruitment and training of labour inspectors; and (iii) the allocation of human and financial resources. With regard to this latter point, the Committee previously noted that the budget allocated for labour inspectors was coordinated by the central authority in cooperation with the districts.

In its report, the Government indicates that the budget allocated for each district is based on the number of establishments identified in each of the districts by the establishment census carried out by the National Institute of Statistics of Rwanda (NISR) in 2011. However, the Government adds that the Ministry of Public Service and Labour allocates the districts a budget of 2 million Rwandan francs (RWF) (around US$2,877) for the needs of labour inspectors to carry out their functions, including conciliation. The Government also indicates that consultations are held each year with stakeholders within the framework of the adoption of the national budget.

The Committee also notes that, within the framework of the administrative reform, labour inspectors are now recruited at the district level in accordance with local recruitment procedures. According to the Government’s report, each of the 30 districts currently has one labour inspector and coordination is ensured at the national level by two chief labour inspectors. Finally, under the terms of article 2 of Ministerial Order No. 7 of 13 July 2010, labour inspectors receive policy guidance and technical support from the Ministry of Public Service and Labour, but their daily activities are supervised by the prefect or district mayor.

In light of these elements, the Committee wishes to emphasize once again the importance of the inspection system coming under a central authority, as required by Article 4 of the Convention, in order to facilitate the adoption and implementation of a uniform policy throughout the national territory and to allow a rational distribution of the available resources between inspection services based on identical criteria throughout the territory, thereby ensuring the same level of protection for all the workers covered. The Committee notes that the census carried out by the NISR in 2011 with a view to determining the number of establishments in each district constitutes a positive development towards the preparation of a register of enterprises which can provide inspectors with information on inspection needs and the workplaces to be targeted, and accordingly facilitate better planning of inspections. Nevertheless, the Committee notes the continuing uncertainties regarding the adequacy of the budgetary resources available and labour inspection needs, particularly with regard to the number and distribution of labour inspectors throughout the territory and the material resources made available to them for the effective discharge of their functions, as required by Articles 10, 11 and 16 of the Convention. The Committee also notes that the Government’s report does not provide any information on the measures taken to ensure the harmonization throughout the national territory of the conditions for the recruitment and training of labour inspectors and to guarantee them uniform status and conditions of service, in accordance with the principles of Articles 6 and 7 of the Convention.

The Committee requests the Government to provide detailed information on the measures that have been taken or are envisaged to ensure coherence in the functioning of the labour inspection system at the national level, with particular reference to:

• (a) harmonization of conditions for the recruitment and training of labour inspectors and uniformity at the national level in their status and conditions of service;
• (b) the coordination and supervision of the activities of district labour inspectors by chief labour inspectors;
• (c) the planning at the central level of inspections, including any initiative taken for the establishment of a national register of enterprises.

The Committee also requests the Government to clarify the manner in which the budget allocated for labour inspectors in each district is determined, with an indication of whether it is a fixed amount (RWF 2 million), as suggested by the Government’s report, or whether the specific needs of each district in terms of inspection are taken into account (the number, nature, size and geographical distribution of workplaces liable to inspection, the number and diversity of the categories of workers engaged therein, the number and complexity of the legal provisions to be enforced, etc.) and, if so, to indicate the criteria applied.