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Repetition Also referring to its observation, the Committee notes that it is planned, further to the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182), to extend the competence of labour inspectors to the agricultural sector as part of the monitoring of child labour. It asks the Government to supply information on the legal and regulatory measures taken in this respect and to indicate how it is envisaged to reinforce the human and material resources of the inspection services to enable them to perform the whole range of tasks arising from the increase in their responsibilities.
Repetition Resources of the labour inspectorate. The Committee notes with concern that the information provided by the Government in its report for the period ending June 2005 reveals that the labour inspectorate suffers from a persistent shortage of resources. It notes, in particular, that retired labour inspectors are no longer being replaced and that the inspection services as a whole suffer from a lack of computer equipment and transport facilities. It notes, moreover, that labour inspectors have not received any training since 2000. The Committee hopes that the Government will soon be in a position to furnish the labour inspectorate with the resources it needs to operate effectively, in particular in order to ensure that the number of labour inspectors is sufficient (Article 10 of the Convention), that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11) and that they receive adequate training for the performance of their duties (Article 7(3)). The Government is requested to transmit information on any progress made in this regard in its next report.Publication of an annual report. The Committee notes that no annual inspection report has been transmitted since that covering the period of 15 October 1994 to 15 October 1995. Referring to its previous requests, it once again requests the Government to take any appropriate measures with a view to the fulfilment by the central inspection authority of its obligation to publish and transmit to the International Labour Office an annual report in accordance with Articles 20 and 21 of the Convention.The Committee is raising other points in a request addressed directly to the Government.
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Also referring to its observation, the Committee notes that it is planned, further to the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182), to extend the competence of labour inspectors to the agricultural sector as part of the monitoring of child labour. It asks the Government to supply information on the legal and regulatory measures taken in this respect and to indicate how it is envisaged to reinforce the human and material resources of the inspection services to enable them to perform the whole range of tasks arising from the increase in their responsibilities.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
The Committee notes the Government’s report received in June 2006 and observes that, despite the Office’s reminder of 20 June 2006, the annual inspection report which was due to be sent has not been received by the ILO. While noting the information on the legal provisions giving effect in law to the Convention, the Committee would point out that the Government has not supplied the information called for in its previous observation regarding the practical functioning of the labour inspection system. It is therefore bound to repeat the same observation:
Resources of the labour inspectorate. The Committee notes with concern that the information provided by the Government in its report for the period ending June 2005 reveals that the labour inspectorate suffers from a persistent shortage of resources. It notes, in particular, that retired labour inspectors are no longer being replaced and that the inspection services as a whole suffer from a lack of computer equipment and transport facilities. It notes, moreover, that labour inspectors have not received any training since 2000. The Committee hopes that the Government will soon be in a position to furnish the labour inspectorate with the resources it needs to operate effectively, in particular in order to ensure that the number of labour inspectors is sufficient (Article 10 of the Convention), that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11) and that they receive adequate training for the performance of their duties (Article 7(3)). The Government is requested to transmit information on any progress made in this regard in its next report.
Publication of an annual report. The Committee notes that no annual inspection report has been transmitted since that covering the period of 15 October 1994 to 15 October 1995. Referring to its previous requests, it once again requests the Government to take any appropriate measures with a view to the fulfilment by the central inspection authority of its obligation to publish and transmit to the International Labour Office an annual report in accordance with Articles 20 and 21 of the Convention.
The Committee is raising other points in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information in reply to its previous direct request, which read as follows:
The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation which read as follows:
1. Resources of the labour inspectorate. The Committee notes with concern that the information provided by the Government in its report for the period ending June 2005 reveals that the labour inspectorate suffers from a persistent shortage of resources. It notes, in particular, that retired labour inspectors are no longer being replaced and that the inspection services as a whole suffer from a lack of computer equipment and transport facilities. It notes, moreover, that labour inspectors have not received any training since 2000. The Committee hopes that the Government will soon be in a position to furnish the labour inspectorate with the resources it needs to operate effectively, in particular in order to ensure that the number of labour inspectors is sufficient (Article 10 of the Convention), that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11) and that they receive adequate training for the performance of their duties (Article 7, paragraph 3). The Government is requested to transmit information on any progress made in this regard in its next report.
2. Publication of an annual report. The Committee notes that no annual inspection report has been transmitted since that covering the period of 15 October 1994 to 15 October 1995. Referring to its previous requests, it once again requests the Government to take any appropriate measures with a view to the fulfilment by the central inspection authority of its obligation to publish and transmit to the International Labour Office an annual report in accordance with Articles 20 and 21 of the Convention.
The Committee is also sending a direct request to the Government on a particular point.
Resources of the labour inspectorate. The Committee notes with concern that the information provided by the Government in its report for the period ending June 2005 reveals that the labour inspectorate suffers from a persistent shortage of resources. It notes, in particular, that retired labour inspectors are no longer being replaced and that the inspection services as a whole suffer from a lack of computer equipment and transport facilities. It notes, moreover, that labour inspectors have not received any training since 2000. The Committee hopes that the Government will soon be in a position to furnish the labour inspectorate with the resources it needs to operate effectively, in particular in order to ensure that the number of labour inspectors is sufficient (Article 10 of the Convention), that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11) and that they receive adequate training for the performance of their duties (Article 7, paragraph 3). The Government is requested to transmit information on any progress made in this regard in its next report.
The Committee once again notes with regret that the Government’s report has not been received. It must therefore reiterate its previous observation which read as follows:
The Committee notes with regret that the Government has not replied to its previous comments and has once again sent a report and documentation that the Committee already examined at its previous session. It would accordingly be grateful if the Government would provide the information requested on the material situation of the inspection services in each regional and local facility, indicating the measures taken or envisaged for their improvement (Article 11 of the Convention), as well as information on the measures taken or envisaged to publish and forward to the ILO an annual report on the activities of the labour inspection services (Articles 20 and 21).
The Committee reminds the Government that, where necessary, ILO technical assistance may be sought to facilitate fulfilment of the obligations arising from this Convention. It hopes that steps will be taken to this end and that relevant information will be provided.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
The Committee notes the information contained in the Government’s report. It also notes the transmission of the annual activities report of the regional inspectorate of N’Zérékoré (Guinée-Forestière) for 1998. It notes that, according to this report, the regional structures of the labour inspectorate have not received any operational budget since 1990. The sole means of transport available consisted of a motorcycle in poor condition and no expenses were paid for professional travel. The grievances described in this report are intended to obtain a means of transport, an operational budget and the renovation of the administrative premises of the labour inspectorate. The Committee notes in this respect that, according to the information provided by the Government under Article 11 of the Convention, a study of structural adjustment measures in the labour sector was undertaken with a view to the allocation of a portion of the resources created by the increase in the public budget as operating credits for administrative bodies responsible for labour matters. The Committee would be grateful if the Government would provide information on the conclusions of this study once they are available, but, as of now, it requests the Government to provide detailed information on the material situation of the inspection services in each regional and local labour inspection structure, to indicate the measures which have been taken or are envisaged for their improvement and to describe the manner in which labour inspectors and supervisors are reimbursed their travelling and incidental expenses necessary for the performance of their duties. The Committee also reminds the Government that an annual inspection report on the matters set out in Article 21(a) to (g), should be published and transmitted to the ILO within the time limits set out in Article 20. It wishes to stress the importance that it attaches to compliance with these provisions, the application of which enables it to assess the extent to which the Convention is applied. The publication of annual inspection reports is also intended to inform employers and workers and their organizations of the activities of the labour inspection services and to allow them to express their opinions in this connection, in a spirit of constructive cooperation. The Committee trusts that the Government will take the necessary measures rapidly, so that these reports will in future be published regularly and transmitted to the ILO.
The Committee notes the information contained in the Government’s report. It also notes the transmission of the annual activities report of the regional inspectorate of N’Zérékoré (Guinée-Forestière) for 1998. It notes that, according to this report, the regional structures of the labour inspectorate have not received any operational budget since 1990. The sole means of transport available consisted of a motorcycle in poor condition and no expenses were paid for professional travel. The grievances described in this report are intended to obtain a means of transport, an operational budget and the renovation of the administrative premises of the labour inspectorate. The Committee notes in this respect that, according to the information provided by the Government under Article 11 of the Convention, a study of structural adjustment measures in the labour sector was undertaken with a view to the allocation of a portion of the resources created by the increase in the public budget as operating credits for administrative bodies responsible for labour matters. The Committee would be grateful if the Government would provide information on the conclusions of this study once they are available, but, as of now, it requests the Government to provide detailed information on the material situation of the inspection services in each regional and local labour inspection structure, to indicate the measures which have been taken or are envisaged for their improvement and to describe the manner in which labour inspectors and supervisors are reimbursed their travelling and incidental expenses necessary for the performance of their duties.
The Committee also reminds the Government that an annual inspection report on the matters set out in Article 21(a) to (g), should be published and transmitted to the ILO within the time limits set out in Article 20. It wishes to stress the importance that it attaches to compliance with these provisions, the application of which enables it to assess the extent to which the Convention is applied. The publication of annual inspection reports is also intended to inform employers and workers and their organizations of the activities of the labour inspection services and to allow them to express their opinions in this connection, in a spirit of constructive cooperation. The Committee trusts that the Government will take the necessary measures rapidly, so that these reports will in future be published regularly and transmitted to the ILO.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee notes the information contained in the Government’s report. It also notes the transmission of the annual activities report of the regional inspectorate of N’Zérékoré (Guinée-Forestière) for 1998. It notes that, according to this report, the regional structures of the labour inspectorate have not received any operational budget since 1990. The sole means of transport available consisted of a motorcycle in poor condition and no expenses were paid for professional travel. The grievances described in this report are intended to obtain a means of transport, an operational budget and the renovation of the administrative premises of the labour inspectorate. The Committee notes in this respect that, according to the information provided by the Government under Article 11 of the Convention, a study of structural adjustment measures in the labour sector was undertaken with a view to the allocation of a portion of the resources created by the increase in the public budget as operating credits for administrative bodies responsible for labour matters. The Committee would be grateful if the Government would provide information on the conclusions of this study once they are available, but as of now it requests the Government to provide detailed information on the material situation of the inspection services in each regional and local labour inspection structure, to indicate the measures which have been taken or are envisaged for their improvement and to describe the manner in which labour inspectors and supervisors are reimbursed their travelling and incidental expenses necessary for the performance of their duties.
The Committee notes the information supplied by the Government in its report in reply to the Committee's previous comments.
Article 3 of the Convention. The Committee notes the intention expressed by the Government to make supplementary efforts with a view to improving training and use of human resources and to increase the labour inspectorate's material and logistical resources. It also notes that there has been a campaign to make the social partners aware of the need to guarantee the impartiality of labour inspectors. The Committee notes, moreover, that the labour inspectors devote a large part of their work programme to settling labour disputes and hopes earnestly that one of the effects of the abovementioned campaign will be to emphasize the need to envisage cutting down on the labour inspectors' tasks so that their expertise and energy are better employed in performing their primary duties as defined in this Article of the Convention. The Committee would be grateful if the Government would communicate information on the effects of this campaign in general, as well as of any measures taken, in particular, to ensure a balance between the labour inspectors' primary duties and those which should be of a secondary nature under this provision of the Convention.
Article 2, paragraph 2, and Article 5. Noting that the labour inspectorate covers undertakings belonging to all occupation branches, including mines, the Committee notes that the Ministry of Natural Resources responsible for mining is envisaging the establishment of a structure responsible for mining safety within its general mines inspectorate and that, on their side, certain mining undertakings (CBG and FRIGUI) have the structures and trained staff for the prevention of occupational risks and provide training for labour inspectors, while the National Social Security Scheme also plays a role in the recording and management of occupational accidents. The Committee would be grateful if the Government would keep the Office informed of the progress in the project for establishing a structure for mine safety and would also supply more detail on the current distribution of competence between the general labour inspectorate and other structures exercising similar activities in regard to supervising compliance with labour legislation. It requests the Government in addition to indicate the measures taken or envisaged to give effect to the provisions of Article 5, paragraphs 1 and 2.
Article 9. The Committee notes that, although there is no text on the appointment of medical labour inspectors, the multifaceted nature of labour inspections means that they are frequently carried out by labour inspectors and occupational health physicians as well as by consultations among them in regard to decisions relating to workers' health. In addition, the use of common training facilities such as seminars and workshops, in particular sponsored by the ILO, encourages communication between labour inspectors and occupational health physicians. In this context, the Committee refers to paragraph 222 of its 1985 General Survey on labour inspection in which it points out the importance of the optimal management of technical specializations required for, and available to, labour inspection services as a key factor in determining their effectiveness. In paragraph 224 of the Survey, the Committee refers to the case of countries facing material and technical difficulties and mentions the benefit of resorting to international help and to the continuing ILO technical cooperation programmes on the subject. The Committee would be grateful if the Government would indicate whether, as laid down in Article 9, measures have been taken to ensure that duly qualified medical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, are associated in the work of inspection; if not, it requests the Government to explain the nature of difficulties encountered in this regard and invites it, in any event, to envisage the possibility of calling on ILO technical assistance to remedy the matter.
Article 11. The Committee notes the information that a study conducted on the impact of structural adjustment measures on the social sector has resulted in the recommendation to use part of the resources engendered by improved public income for job creation and allocation of credits for the operation of administrations responsible for the social sector. The Committee requests the Government to provide statistical information on the measures taken pursuant to this recommendation in regard to the identification of needs and the subsequent determination of the budget allocated for labour inspection as well as on any progress observed.
Article 14. The Committee notes the information concerning industrial accidents and cases of occupational disease declared and notes that, according to the comments accompanying the statistical table extracted from the report of the National Social Security Scheme for 1995 and 1996, the population in the 30-to-35-year age range is the most exposed to occupational risks and that fatal accidents (for which no figures are given), occur in the construction and public works sectors and are linked to the use of moving and lifting equipment. The Committee trusts that the Government will not fail to reflect on the measures needed to prevent the risks run by the workers most affected in regard to the statistics and that it will supply information on the measures taken or envisaged for this purpose.
Articles 20 and 21. The Committee notes the information relating to Article 21(a), (b), (f) and (g). It reminds the Government once again that information on the subjects listed in this Article should be contained in an annual labour inspection report for which time limits for publication and communication to the ILO are set out in Article 20. It invites the Government to examine paragraphs 272 et seq. of its 1985 General Survey on labour inspection and requests it to take the necessary measures so that effect can be given to these provisions as soon as possible.
The Committee notes the information provided by the Government in reply to its pervious comments.
Article 2, paragraph 2, of the Convention. The Committee requests the Government to provide information on the material resources made available to the mines inspectorate and to supply the Office with a copy of the draft Order respecting the labour inspectorate to which reference is made in the report.
Article 5. The Government states that there is close collaboration between labour inspectors and the medical services responsible for occupational safety. The Committee requests the Government to indicate the practical measures adopted in this respect.
Article 7, paragraph 3. The Committee requests the Government to supply information on the application of this provision by supplying, if possible, examples of the training and further training of labour inspectors.
Article 11. The report on the activities of the labour inspectorate shows that the inspectorate is encountering difficulties due to the lack of credits for regional and prefectoral inspectorates, and of office supplies. The Committee recalls the need to furnish labour inspectors with the necessary facilities for the proper performance of their duties. It requests the Government to indicate the measures which have been taken or are envisaged to remedy this situation and asks it to supply information on the material resources made available to inspectors.
Articles 20 and 21. The Committee notes that the annual report on the activities of the labour inspectorate does not contain information or statistics covering paragraphs (a),(b),(f) and (g) of Article 21. It recalls that the annual report shall deal with the subjects enumerated in this Article and shall be published so that it can be disseminated widely to the authorities and administrations concerned, as well as to organizations of employers and workers, and can be made available to all the persons concerned. Furthermore, publication must take place within a reasonable time, not exceeding 12 months.
With reference to its previous comments, the Committee notes the information provided by the Government in its report. It notes that, according to the information contained in the activities report, the labour inspectorate has identified the enterprises and establishments subject to its control, which increased from 346 in 1992 to 446 in 1995, and that during the period October 1994 to June 1995 around 58 per cent of establishments were inspected. The Committee also notes, however, that the statistics provided show a preponderance of conciliation activities in comparison with controls by the labour inspectorate.
The Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that any other duties entrusted to labour inspectors do not interfere with the effective discharge of their primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers (Article 3 of the Convention). The Committee also notes that the Government's report does not contain the detailed information on the status and conditions of service of inspection staff that is necessary to enable it to assess the independence and impartiality of labour inspectors in the discharge of their duties (Article 6 of the Convention). The Committee requests the Government to provide detailed information in this regard.
The Committee is addressing a request directly to the Government on other matters.
The Committee notes that the Government's report does not contain a reply to its previous comments. It hopes that the next report will contain full information on the points raised in its previous direct request, which read as follows:
Article 2, paragraph 2, of the Convention. Please provide information on the manner in which the Convention is generally applied in the mining industry, including information on laws or regulations relevant to the labour inspectorate and the facilities and personnel used for the inspection of mines.
Article 5. Please provide information on the arrangements made to promote effective cooperation between the inspection services and other government services, in particular those responsible for occupational health.
Article 7, paragraph 3. Please provide information on the measures taken to ensure that labour inspectors are adequately trained for the performance of their duties.
Article 11. Please provide information on the sufficiency of office and transport facilities and equipment in relation to the obligation under Article 16 to inspect workplaces as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.
Furthermore, the Committee notes the information and statistical data provided by the Government in its annual inspection report for 1992. It recalls that this report must be prepared annually and published so that it is widely disseminated among the authorities and administrations concerned, as well as employers' and workers' organizations, and made available to all persons concerned. Furthermore, this obligation must take place within a reasonable period, not exceeding 12 months in any event. The Committee attaches great importance to the regular communication of inspection reports to the Office, within the time-limits set out in Article 20, so that it can assess the manner in which the inspection system functions in practice. With regard to the data supplied, the Committee notes that no statistics are provided of industrial accidents or occupational diseases (Article 21(f) and (g)). Furthermore, in relation to the latest data supplied on which a comparison can be based (1988), the information has been subdivided by ten economic sectors so that, for example, eight workplaces in the extractive sector and 29 in the manufacturing sector were liable to inspection, of which five and 23 respectively were inspected in 1992, whereas 122 workplaces under the heading "Industries - mines and quarries" were liable to inspection and 49 inspections were made in 1988. This difference could indicate a decrease in the number of workplaces liable to inspection in these sectors. The Committee requests the Government to include all the statistical data required by the Convention in future inspection reports and to supply information on such substantial differences so that the Committee is in a position to assess whether workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Article 16).
The Committee notes the information provided by the Government in its report, and particularly the indication that the observations made by the General Union of Workers of Guinea are not based on objective grounds. The Committee would be grateful if the Government would provide additional information on the proportion of the work of labour inspectors relating to conciliation and the calculation of severance payments, in relation to the overall duties entrusted to them, and particularly with regard to inspection visits and allied duties, so that the Committee can make a better assessment of the situation (Article 3 of the Convention). The Committee also notes that the Government's report does not provide precise indications as to the status and terms and conditions of employment of labour inspectors, which would enable it to assess the independence and impartiality of labour inspectors in the discharge of their duties (Article 6). The Committee requests the Government to provide detailed information on this matter.
The Committee is also addressing a request directly to the Government on other matters.
Further to its observation, the Committee would be grateful if information were provided on the application in practice on the following points:
Article 11. Please provide information on the sufficiency of office and transport facilities and equipment in relation to the obligation under Article 16 to inspect workplaces as often and thoroughly as is necessary to ensure the effective application of the relevant legal provisions.
The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee notes the observation of the General Union of Workers of Guinea, that the labour inspection service has abandoned essential supervisory activities, concentrating instead on the examination of individual labour disputes and the calculation of severance pay. This has led to acts of corruption by delinquent employers and the loss of inspectors' independence, including the inspectorate's political independence. The Committee would be grateful if the Government would give any reply it considers appropriate to this observation, particularly in the light of Articles 3 and 6 of the Convention regarding the functions, status and conditions of employment of labour inspectors. It hopes the Government will also deal with the matters raised in its previous observation, which read as follows: Articles 16, 20 and 21 of the Convention. The Committee notes with regret that the Office has once again not received an annual report on the activities of the inspection services. The Committee recalls the importance of annual inspection reports as an essential means of obtaining evidence of the activities of the inspection services, and showing whether workplaces are being inspected as often and as thoroughly as is necessary to ensure the effective application of relevant legal provisions. The Committee understands that the ILO has extended certain technical cooperation in this area and expresses its hope that the necessary measures will be taken to ensure that an annual report on the activities of the inspection service with all the necessary information provided therein will soon be provided.
TEXT The Committee has again addressed a request for additional information directly to the Government.
The Committee notes the observation of the General Union of Workers of Guinea, that the labour inspection service has abandoned essential supervisory activities, concentrating instead on the examination of individual labour disputes and the calculation of severance pay. This has led to acts of corruption by delinquent employers and the loss of inspectors' independence, including the inspectorate's political independence. The Committee would be grateful if the Government would give any reply it considers appropriate to this observation, particularly in the light of Articles 3 and 6 of the Convention regarding the functions, status and conditions of employment of labour inspectors. It hopes the Government will also deal with the matters raised in its previous observation, which read as follows:
Articles 16, 20 and 21 of the Convention. The Committee notes with regret that the Office has once again not received an annual report on the activities of the inspection services. The Committee recalls the importance of annual inspection reports as an essential means of obtaining evidence of the activities of the inspection services, and showing whether workplaces are being inspected as often and as thoroughly as is necessary to ensure the effective application of relevant legal provisions. The Committee understands that the ILO has extended certain technical cooperation in this area and expresses its hope that the necessary measures will be taken to ensure that an annual report on the activities of the inspection service with all the necessary information provided therein will soon be provided.
The Committee has addressed a request for additional information directly to the Government.
The Committee would be grateful if information were provided on the application in practice on the following points.
Articles 16, 20 and 21 of the Convention. Further to comments it has been making for many years, the Committee notes with regret that the Office has once again not received an annual report on the activities of the inspection services. The Committee recalls the importance of annual inspection reports as an essential means of obtaining evidence of the activities of the inspection services, and showing whether workplaces are being inspected as often and as thoroughly as is necessary to ensure the effective application of relevant legal provisions. The Committee understands that the ILO has extended certain technical cooperation in this area and expresses its hope that the necessary measures will be taken to ensure that an annual report on the activities of the inspection service with all the necessary information provided therein will soon be provided. The Committee is addressing a request for additional information directly to the Government.
Article 13, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes with satisfaction that, under section 173 of the Labour Code of 1988, in the event of serious and imminent danger to the health or safety of the workers, the labour inspector can require measures with immediate executory force in order to eliminate the danger.
Articles 20 and 21. The Committee notes with regret that for many years, the International Labour Office has received no report on the work of the inspection services. It trusts that the Government will take appropriate steps to ensure that, in future, annual inspection reports containing information on all the subjects listed under Article 21 are published and transmitted to the International Labour Office within the period laid down by Article 20.