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Repetition The Committee notes the Government’s report and the adoption, on 13 May 2008, of Act No. 028-2008/AN issuing the Labour Code. It would like to draw the Government’s attention to the following points.Articles 3 and 10 of the Convention. Duties and number of labour inspection staff. The Committee notes that, according to the Government, labour inspectors (22) and controllers (5) employed in the central offices carry out the roles and duties coming under the services or departments to which they are posted. Taking into account the large number of inspection staff appointed at the central level compared to the total number of staff employed in the country, the Committee would be grateful if the Government would indicate the number and distribution of labour inspectors and controllers who primarily carry out inspection duties, as defined by Article 3, paragraph 1, of the Convention, namely: (a) securing the enforcement of the legal provisions relating to conditions of work and the protection of workers; (b) supplying information and advice to workers and employers; and (c) duties related to improving the labour legislation.Noting that, according to the new Labour Code (sections 320 et seq.; sections 369 et seq.), labour inspectors retain a role in the settlement of individual and collective labour disputes, the Committee requests the Government to provide information on the proportion of the activities of these public servants devoted to the settlement of disputes compared to the proportion devoted to the above inspection duties.Emphasizing that, in accordance with Article 3(2) the Government shall ensure that duties other than those provided for by Article 3(1) of the Convention, entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers, the Committee requests the Government to indicate the manner in which effect is given to this provision of the Convention.Article 7(3). Training of labour inspection staff. The Committee notes the increase in the number of persons being trained in 2008 compared to 2007 (44 in the category of inspectors compared to 34 in 2007 and 45 in the category of controllers compared to 33 in 2007). The Committee requests the Government to provide information on the training received by these public servants (duration, content), by indicating whether this training is provided with a view to their taking up the post of labour inspector or controller or as training during the course of their employment as inspectors and controllers already appointed.Article 11. Reimbursement of travelling and incidental expenses of labour inspection staff. Means of transport available to them. The Committee once again requests the Government to provide a copy of the legal text which provides for the coverage of the travelling expenses of labour inspection staff referred to by the Government in its report. It also requests it to indicate whether provisions have been adopted under section 392 of the Labour Code which provides that “benefits in kind granted to labour inspectors shall be established by regulation” and, if so, to provide a copy to the Office. The Government is once again requested to provide detailed information on the means of transport available to labour inspectors and controllers performing their duties in the regions.Article 12. Investigatory powers of labour inspectors. The Committee notes that inspectors’ powers have been supplemented, according to the provisions of section 397(4)(3) of the Labour Code, by the power “to take, remove or have someone remove for purposes of analysis samples of materials or substances used or handled, subject to the employer or his representative being notified”, in accordance with Article 12(1)(c)(iv). The Committee would nonetheless like to draw the Government’s attention to section 397 of the Labour Code, which does not provide for the right of inspectors to copy registers or make extracts from them (Article 12(1)(c)(ii)), nor to enforce the posting of notices required by the legal provisions (Article 12(1)(c)(iii)). It therefore requests the Government to keep the Office informed of the measures taken or envisaged to ensure that the provisions of the Labour Code concerning the powers of labour inspectors are supplemented in this regard.Articles 19, 20 and 21. Periodic reports and annual report on the activities of the labour inspection services. Referring to its previous comments, the Committee once again notes with regret that no report has been provided to the Office, as a result of which, in the absence of statistics on the activities of the labour inspectorate, it is still unable to assess its operation in practice.The Committee notes, however, that the Government mentions the creation in 2006 of a statistics directorate responsible in particular for establishing, in collaboration with the competent institutions, a register of the establishments subject to labour legislation obligations. The Committee hopes that this register will be created in the near future and requests the Government to keep the Office informed of any developments in this regard. Furthermore, in order to facilitate the collection and transmission of data, the Committee hopes that the Government will ensure the creation and availability to labour inspectors and controllers of tools, such as inspection forms, adapted to the various categories of establishment and containing, for example, headings concerning the type of inspection, the legislative areas covered by the inspection, violations reported and follow-up action taken (advice, information, notice of default, official report, etc.). It also hopes that periodic reports will be prepared by the regional inspection services and that, in accordance with Article 19, these reports will be submitted to the central inspection authority so that this authority is able to prepare and publish, in the near future, an annual report containing the information required by Article 21. The Government is requested to take the necessary measures to that end, in accordance with the provisions of Articles 19, 20 and 21 of the Convention.
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 on the matters raised in its previous direct request, which read as follows:
The Committee notes the Government’s report and the adoption, on 13 May 2008, of Act No. 028-2008/AN issuing the Labour Code. It would like to draw the Government’s attention to the following points.
Articles 3 and 10 of the Convention. Duties and number of labour inspection staff. The Committee notes that, according to the Government, labour inspectors (22) and controllers (5) employed in the central offices carry out the roles and duties coming under the services or departments to which they are posted. Taking into account the large number of inspection staff appointed at the central level compared to the total number of staff employed in the country, the Committee would be grateful if the Government would indicate the number and distribution of labour inspectors and controllers who primarily carry out inspection duties, as defined by Article 3, paragraph 1, of the Convention, namely: (a) securing the enforcement of the legal provisions relating to conditions of work and the protection of workers; (b) supplying information and advice to workers and employers; and (c) duties related to improving the labour legislation.
Noting that, according to the new Labour Code (sections 320 et seq.; sections 369 et seq.), labour inspectors retain a role in the settlement of individual and collective labour disputes, the Committee requests the Government to provide information on the proportion of the activities of these public servants devoted to the settlement of disputes compared to the proportion devoted to the above inspection duties.
Emphasizing that, in accordance with Article 3, paragraph 2, the Government shall ensure that duties other than those provided for by Article 3, paragraph 1, of the Convention, entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers, the Committee requests the Government to indicate the manner in which effect is given to this provision of the Convention.
Article 7, paragraph 3. Training of labour inspection staff. The Committee notes the increase in the number of persons being trained in 2008 compared to 2007 (44 in the category of inspectors compared to 34 in 2007 and 45 in the category of controllers compared to 33 in 2007). The Committee requests the Government to provide information on the training received by these public servants (duration, content), by indicating whether this training is provided with a view to their taking up the post of labour inspector or controller or as training during the course of their employment as inspectors and controllers already appointed.
Article 11. Reimbursement of travelling and incidental expenses of labour inspection staff. Means of transport available to them. The Committee once again requests the Government to provide a copy of the legal text which provides for the coverage of the travelling expenses of labour inspection staff referred to by the Government in its report. It also requests it to indicate whether provisions have been adopted under section 392 of the Labour Code which provides that “benefits in kind granted to labour inspectors shall be established by regulation” and, if so, to provide a copy to the Office. The Government is once again requested to provide detailed information on the means of transport available to labour inspectors and controllers performing their duties in the regions.
Article 12. Investigatory powers of labour inspectors. The Committee notes that inspectors’ powers have been supplemented, according to the provisions of section 397(4)(3) of the Labour Code, by the power “to take, remove or have someone remove for purposes of analysis samples of materials or substances used or handled, subject to the employer or his representative being notified”, in accordance with Article 12, paragraph 1(c)(iv). The Committee would nonetheless like to draw the Government’s attention to section 397 of the Labour Code, which does not provide for the right of inspectors to copy registers or make extracts from them (Article 12, paragraph 1(c)(ii)), nor to enforce the posting of notices required by the legal provisions (Article 12, paragraph 1(c)(iii)). It therefore requests the Government to keep the Office informed of the measures taken or envisaged to ensure that the provisions of the Labour Code concerning the powers of labour inspectors are supplemented in this regard.
Articles 19, 20 and 21. Periodic reports and annual report on the activities of the labour inspection services. Referring to its previous comments, the Committee once again notes with regret that no report has been provided to the Office, as a result of which, in the absence of statistics on the activities of the labour inspectorate, it is still unable to assess its operation in practice.
The Committee notes, however, that the Government mentions the creation in 2006 of a statistics directorate responsible in particular for establishing, in collaboration with the competent institutions, a register of the establishments subject to labour legislation obligations. The Committee hopes that this register will be created in the near future and requests the Government to keep the Office informed of any developments in this regard. Furthermore, in order to facilitate the collection and transmission of data, the Committee hopes that the Government will ensure the creation and availability to labour inspectors and controllers of tools, such as inspection forms, adapted to the various categories of establishment and containing, for example, headings concerning the type of inspection, the legislative areas covered by the inspection, violations reported and follow-up action taken (advice, information, notice of default, official report, etc.). It also hopes that periodic reports will be prepared by the regional inspection services and that, in accordance with Article 19, these reports will be submitted to the central inspection authority so that this authority is able to prepare and publish, in the near future, an annual report containing the information required by Article 21. The Government is requested to take the necessary measures to that end, in accordance with the provisions of Articles 19, 20 and 21 of the Convention.
Article 7, paragraph 3. Training of labour inspection staff. The Committee notes with interest the increase in the number of persons being trained in 2008 compared to 2007 (44 in the category of inspectors compared to 34 in 2007 and 45 in the category of controllers compared to 33 in 2007). The Committee requests the Government to provide information on the training received by these public servants (duration, content), by indicating whether this training is provided with a view to their taking up the post of labour inspector or controller or as training during the course of their employment as inspectors and controllers already appointed.
Article 12. Investigatory powers of labour inspectors. The Committee notes with interest that inspectors’ powers have been supplemented, according to the provisions of section 397(4)(3) of the Labour Code, by the power “to take, remove or have someone remove for purposes of analysis samples of materials or substances used or handled, subject to the employer or his representative being notified”, in accordance with Article 12, paragraph 1(c)(iv). The Committee would nonetheless like to draw the Government’s attention to section 397 of the Labour Code, which does not provide for the right of inspectors to copy registers or make extracts from them (Article 12, paragraph 1(c)(ii)), nor to enforce the posting of notices required by the legal provisions (Article 12, paragraph 1(c)(iii)). It therefore requests the Government to keep the Office informed of the measures taken or envisaged to ensure that the provisions of the Labour Code concerning the powers of labour inspectors are supplemented in this regard.
The Committee notes the Government’s report containing information in reply to its previous comments.
1. Article 10 of the Convention. Labour inspection staff. The Committee notes that the labour inspection services have a total staff of 76 inspection officials (41 inspectors and 35 controllers), with 15 inspectors and two controllers employed in the central offices, the others working in the 13 regional labour and social security departments. According to the Government, six labour inspectors and one controller are on leave of absence, six inspectors are on secondment and another four have been made available to other ministerial departments, while 34 labour inspectors and 33 controllers are pursuing their training at the National School of Administration and Law (ENAM) in Ouagadougou. The Committee would be grateful if the Government would: (i) supply further information on the distribution of the roles and duties assigned to labour inspectors and controllers based in the central offices of the Ministry and working in the regions, in the light of the inspection duties defined by Article 3, paragraph 1, of the Convention; (ii) send available information on the number and geographical distribution of industrial and commercial workplaces liable to inspection and also of the workers employed therein; or (iii) if such information is not available, take steps to identify and register these workplaces in order to ensure observance of the legislation relating to conditions of work and the protection of workers, and keep the ILO informed of progress made in this respect.
2. Article 11, paragraph 2, and Article 16. Reimbursement of labour inspectors’ travelling and incidental expenses. With reference to its previous comments, the Committee notes, in reply to its request for further information regarding the allocation of allowances for business travel to labour inspection officials pursuant to Decree No. 95-395 of 29 September 1985, quoted in each of the previous reports from the Government, that this Decree has been superseded by Act No. 019-2005/AN of 18 May 2005 amending Act No. 013/98/AN of 28 April 1998 establishing the legislation applicable to civil service posts and officials. The Committee would be grateful if the Government would send a copy of Act No. 019‑2005/AN of 18 May 2005 and of any implementing regulations, if applicable, particularly as regards the allocation of travelling expenses to labour inspectors. It also requests the Government to supply further information on means of transport (cars and motorcycles), which, according to its report, were due to be made available in the near future to the inspection services and on practical arrangements for their use for inspection visits.
3. Article 12, paragraph 1(a) and (b). Free access of labour inspectors to workplaces liable to inspection. The Committee notes with satisfaction that, under section 367 of the 2004 Labour Code, inspectors now have the right to enter workplaces liable to inspection and other workplaces, in conformity with the right established by these provisions of the Convention.
4. Articles 20 and 21. Annual report on the work of the labour inspection services. With reference to its previous comments, the Committee notes with regret that no annual labour inspection report has been sent to the ILO for many years. It trusts that the Government will take the necessary steps as soon as possible to ensure, if necessary with technical assistance from the ILO, that an annual report containing the information required by Article 21 of the Convention is published in future and transmitted to the ILO in the manner and within the deadlines prescribed by Article 20.
Also referring to its observation, the Committee once again asks the Government to indicate the number of the labour inspection staff (inspectors and controllers) and their geographical distribution (Article 10 of the Convention).
The Committee notes the Government’s report, which replies in part to its previous comments.
1. The Committee once again asks the Government to provide information on the following matters.
Reimbursement of travelling and incidental expenses necessary to the performance of duties of labour inspectors. With reference to its previous comments and noting the information supplied by the Government for the period ending May 2000 concerning the increase in the number of regional labour directorates and the forthcoming expansion of their equipment and means of transport, the Committee once again asks the Government to provide information enabling it to ascertain whether the allowances granted to inspectors under Decree No. 95-395 of 29 September 1995 are adequate to cover the travelling and incidental expenses in accordance with Article 11, paragraph 2, of the Convention which they need to conduct inspection visits as frequently as prescribed by Article 16.
Free access of labour inspectors to workplaces liable to inspection. The Committee would be grateful if the Government would supply information on the measures announced in a previous report to bring into line with the Convention the legislation allowing labour inspectors free access to workplaces in accordance with Article 12, paragraph 1(a), at any hour of the day or night to any workplace liable to inspection and paragraph 1(b), by day to any premises which they may have reasonable cause to believe to be liable to inspection.
2. Annual reports on the work of the inspection services. Referring to its previous comments, the Committee notes the indication that annual reports covering the period 1994-99 are available and will soon be transmitted to the ILO. The Committee reminds the Government that, in accordance with Article 20 of the Convention, annual labour inspection reports should be published within a reasonable time, and in any case, within 12 months after the end of the year to which they relate (paragraph 2), and that copies of such reports should be transmitted to the ILO within a reasonable period after their publication and in any case within three months (paragraph 3). The Committee asks the Government to take appropriate measures to give full effect to these provisions of the Convention.
The Committee is addressing a request directly to the Government on another issue.
Referring also to its observation and to the Government’s reports for the period ending May 2001, the Committee requests the Government to supply supplementary information on the following points.
Article 16 of the Convention. Noting the information on decentralization of labour services, the Committee requests the Government to indicate the impact of this decentralization on the frequency and quality of inspection visits.
Article 7. Noting with interest the information on the many training activities conducted for the benefit of inspection staff, particularly with ILO cooperation at national level and at the Turin Training Centre, the Committee requests the Government to continue to supply regular information on in-service training for labour inspectors, particularly in regard to the spheres to which it relates, the number of inspectors involved and the periodicity of training cycles.
Articles 8 and 10. Noting the recruitment of five inspectors in 2000 as well as the announcement that 15 new work supervisors trained at the Ecole nationale d’administration et de magistrature (ENAM)will shortly be available, the Committee would be grateful if the Government would supply information on the evolution in staff numbers in the labour inspectorate and their geographical distribution, to indicate the proportion of women in each category and to state whether special duties are assigned to men and women inspectors respectively as suggested in Article 8.
The Committee notes the Government’s reports and the information they contain which partly reply to its previous comments. It draws the Government’s attention to the following points.
1. Labour inspectorate and child labour. In response to the Committee’s general observation of 1999 on the Labour Inspectorate’s role in combating child labour, the Government indicates the recent ratification of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee further notes with interest that the Government has signed a Memorandum of Understanding with the International Programme on the Elimination of Child Labour (IPEC) and that in this context labour inspectors and supervisors attended an awareness-raising seminar. Noting that, according to the Government, the material and human constraints impeding action by the labour inspection services in this area are gradually being reduced, the Committee hopes that the Government will not fail to take all possible measures enabling labour inspectors to participate actively in combating unlawful child labour and inform the competent authorities of the country’s status in this regard.
2. Reimbursement of travelling and incidental expenses necessary to the performance of duties of labour inspectors. With reference to its previous comments and noting the information supplied by the Government for the period ending May 2000 concerning the increase in the number of regional labour directorates and the forthcoming expansion of their equipment and means of transport, the Committee once again asks the Government to provide information enabling it to ascertain whether the allowances granted to inspectors under Decree No. 95-395 of 29 September 1995 are adequate to cover the travelling and incidental expenses in accordance with Article 11, paragraph 2, of the Convention which they need to conduct inspection visits as frequently as prescribed by Article 16.
3. Free access of labour inspectors to workplaces liable to inspection. The Committee would be grateful if the Government would supply information on the measures announced in a previous report to bring into line with the Convention the legislation allowing labour inspectors free access to workplaces in accordance with Article 12, paragraph 1(a), at any hour of the day or night to any workplace liable to inspection and paragraph 1(b), by day to any premises which they may have reasonable cause to believe to be liable to inspection.
4. Annual reports on the work of the inspection services. The Committee notes with regret that, although the Government has repeatedly announced the preparation of an annual inspection report, the information on the items listed in Article 21(a) to (g) has still not been published or transmitted in the form of some kind of report as prescribed by Article 20, the last annual statistics sent to the ILO dating back to 1993. The Committee draws the Government’s attention to the importance, for the aims of the Convention, of publishing an annual inspection report drawn up on the basis of the guidelines given in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81). At the national level, it enables those concerned, particularly employers and workers and their organizations and public and private institutions whose activities are related to the world of work, to become acquainted with the operation of the inspection services and the difficulties the latter may encounter in carrying out their activities and to elicit their reactions in a constructive spirit. Furthermore, transmission of such a report to the ILO within the prescribed time limit is intended to enable the international supervisory bodies to assess the extent to which the Convention is applied and provide the Government with useful guidelines for improvement. The Committee would be grateful if the Government would take appropriate steps to ensure that the central inspection authority fulfils its obligation to produce an annual report in accordance with Articles 20 and 21, and to provide information in the near future on progress made.
The Committee is addressing a request directly to the Government on other matters.
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 on the matters raised in its previous direct request, which read as follows:
The Committee notes the Government's report and the information provided in response to its previous comments. The Committee also notes the legislative texts which were received after the report. The Committee refers to its previous comments and requests the Government to provide additional information on a certain number of points.
1. Articles 7 and 10 of the Convention. The Government indicates that, since its last report, recruitment of public officials has not increased significantly, which the statistical data provided confirmed. To indicate the progress made in training inspectors, the Government points out that during 1995 and 1996 a dozen labour controllers were promoted to the position of labour inspectors and that seminars and training workshops have enabled labour inspectors to specialize in various fields. However, it should be noted that if the promotion of those concerned constitutes the recognition of professional qualifications which have been acquired to carry out their new functions, it cannot however be assimilated to an act of training. The Committee would like to draw the Government's attention to the contents of paragraph 155 of the General Survey of 1985 on labour inspection in which it emphasizes that, whatever the value of the training given to inspectors on their entry into service, it is advisable that it should be periodically supplemented, not only in order to refresh their knowledge but also to keep them abreast of new technologies. In particular, the Committee recommends that, in respect of the various methods of training which exist, depending on the availability of resources, further training courses should be organized more or less systematically (paragraph 155). The Committee requests the Government to specify in its next report the frequency and programme content of the seminars and workshops intended for labour inspection staff. The Committee requests the Government to provide information on progress noted in respect of recruitment of staff and visits of inspection.
2. Article 11, paragraphs 1 and 2, and 16. The Committee notes the information to the effect that, within the framework of the decentralization of labour services, five regional labour employment and social service offices have been established and that their number is expected to increase to nine in 1999. The Committee recalls that under the provisions of this Convention the competent authority shall make the necessary arrangements to furnish labour inspectors with local offices, suitably equipped in accordance with the requirement of the service, and accessible to all persons concerned (paragraph 1(a)), as well as the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist (paragraph 1(b)). The Committee requests the Government to provide further details on the expected practical effect of the decentralization of labour services on the application of the above measures, whose objective is to enable workplaces, subjected to inspection, to be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions relating to conditions of work and the protection of workers while engaged in their work (Articles 3 and 16). The Committee notes moreover with interest that, section 20 of Decree No. 95395 of 29 September 1995 lays down that labour inspectors and controllers have the right to an allowance for the exercise of their duties and additional compensation for the constraints and special conditions of service, and that the Government states in its report that any expenditure necessary for the exercise of their duties shall be fully reimbursed if this expenditure is, in fact, justified. The Committee requests the Government to specify whether the allowances granted to labour inspectors under the above Decree reimburses travel expenditure incurred for the performance of their duties, in particular, periodical and selective visits of inspection, and to indicate, whether the above reimbursement is a ixed amount or variable in respect of real expenses incurred in this respect. Where expenses are not covered by the above-mentioned allowances and bonuses, the Government is requested to provide a breakdown of expenses which are reimbursed upon receipt of expense claim forms in respect of the inspection service, as indicated in the report.
3. Article 12, paragraph 1. The Committee refers to its previous comments to the effect section 222 of the Labour Code does not empower labour inspectors, on the one hand, to enter by night premises which they may have reasonable cause to believe to be liable to inspection and, on the other, to enter by day premises where they may have reasonable cause to believe persons liable to the Labour Code are working, and notes the Government's intention to re-examine this provision. The Committee draws the Government's attention to paragraph 157 and subsequent paragraphs in the above General Survey which define the labour inspection provisions in this respect, namely that these provisions aim expressly at giving labour inspectors the possibility of supervising, without prior warning and at any time, establishments liable to inspection, considering the unexpected nature of the inspection visit as the best guarantee of effective supervision. The Committee considered that where inspection is restricted to working hours, the inspectors' power of entry does not enable them to ascertain whether workers are being unlawfully employed outside normal working hours and moreover, it is often easier to check the state of certain machines when they are not in use and therefore more effective to inspect them when the undertaking is not operational. The Committee hopes that this information will inspire the Government to take rapid measures to give effect to this provision and that the Government will not fail to provide information in its next report on progress achieved in this respect.
4. Articles 20 and 21. The Committee notes with interest the report detailing labour statistics for 1993 and the Central-East Regional Employment and Social Security Service quarterly report on inspection activities (April, May and June 1997). The Committee draws the Government's attention to the fact that annual reports, of a general nature, on labour inspection activities in respect of paragraphs (a) to (g) of Article 21 must be published and transmitted to the ILO within the time period laid down in Article 20. The Committee hopes that, in future, the Government will be in a position to give effect to the provisions of the Convention by publishing the above reports and transmitting them to the Office within the period specified.
2. Article 11, paragraphs 1 and 2, and 16. The Committee notes the information to the effect that, within the framework of the decentralization of labour services, five regional labour employment and social service offices have been established and that their number is expected to increase to nine in 1999. The Committee recalls that under the provisions of this Convention the competent authority shall make the necessary arrangements to furnish labour inspectors with local offices, suitably equipped in accordance with the requirement of the service, and accessible to all persons concerned (paragraph 1(a)), as well as the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist (paragraph 1(b)). The Committee requests the Government to provide further details on the expected practical effect of the decentralization of labour services on the application of the above measures, whose objective is to enable workplaces, subjected to inspection, to be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions relating to conditions of work and the protection of workers while engaged in their work (Articles 3 and 16). The Committee notes moreover with interest that, section 20 of Decree No. 95395 of 29 September 1995 lays down that labour inspectors and controllers have the right to an allowance for the exercise of their duties and additional compensation for the constraints and special conditions of service, and that the Government states in its report that any expenditure necessary for the exercise of their duties shall be fully reimbursed if this expenditure is, in fact, justified. The Committee requests the Government to specify whether the allowances granted to labour inspectors under the above Decree reimburses travel expenditure incurred for the performance of their duties, in particular, periodical and selective visits of inspection, and to indicate, whether the above reimbursement is a fixed amount or variable in respect of real expenses incurred in this respect. Where expenses are not covered by the above-mentioned allowances and bonuses, the Government is requested to provide a breakdown of expenses which are reimbursed upon receipt of expense claim forms in respect of the inspection service, as indicated in the report.
The Committee notes the information contained in the Government's report that a new text laying down the particular status of the labour administration staff has been adopted and will shortly be sent to the ILO.
Article 7, paragraph 3, and Articles 10 and 16, of the Convention. The Committee notes the information concerning the number of labour inspectors. It notes the Government's view that this number is inadequate but that efforts are being made to recruit staff despite the freeze on recruitment of public officials. The Committee notes, in particular, the information that seven labour controllers were recruited between 1992 and 1994 and that some ten labour inspectors are currently being trained at the National School of Administration and Public Office while nine labour inspection services are functional throughout the national territory. It seems, however, from the information contained in the Government's report on the period ending 15 October 1994, that the labour inspectors do not spend enough time on the essential tasks of monitoring the application of legislative provisions and regulations relating to labour conditions and that this situation is aggravated by the lack of specialization of the labour inspectors. The Committee would be grateful if the Government would supply information on progress made in training and recruitment of inspectors and organization of their work so that the establishments liable to checking by the labour inspection service are inspected as often and as carefully as necessary to ensure effective application of the legal provisions concerned.
Article 11, paragraph 1. The Committee notes the information in the Government's report stating that a plan to decentralize labour services under which the construction of new buildings to house the labour inspection services is planned as well as equipping them with furniture and other working infrastructures is well on the way. It notes, furthermore, that transport facilities (automobiles and motorcycles) are made available for labour inspectors in accordance with financial means. The Committee would be grateful if the Government would supply in its next report information on the progress made in carrying out the above-mentioned project and on the shortcomings in transport facilities suffered by inspectors in the exercise of their duties.
Article 11, paragraph 2. The Committee notes the information contained in the Government's report that the central administration reimburses travel expenses if incurred. It would be grateful if the Government would indicate whether other ancillary expenditure necessary for the exercise of inspectors' duties are also reimbursed.
Article 12, paragraph 1(a) and (b). The Committee notes that section 222 of the Labour Code does not empower labour inspectors to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. They are, however, empowered to enter at night premises where they have reasonable grounds to believe persons liable to the Labour Code are working. The Committee requests the Government to take the necessary measures to adapt its legislation to these provisions of the Convention which give wider powers for the inspection of establishments liable to inspection and, on the other hand, restrict daytime inspection to premises which the inspectors have reasonable grounds to believe are liable to such inspection.
Article 12, paragraph 1(c)(iii) and (iv). The Committee notes that the Labour Code does not empower labour inspectors to enforce the posting of notices required by the legal provisions or to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purposes. It would be grateful if the Government would indicate the measures taken or envisaged to afford these powers to labour inspectors, in accordance with the provisions of the Convention.
Articles 20 and 21. The Committee notes that no annual inspection report has been sent to the Office. The Committee hopes that the Government will take the necessary measures, calling on the technical assistance of the ILO if needed, in order to publish and send an annual inspection report on the matters listed in Article 21 and within the time-limits set in Article 20.
With reference to its previous comments, the Committee notes with satisfaction that section 218 of Act No. 11/92/ADP of 22 December 1992 issuing the Labour Code provides that the labour inspector shall bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions, thus giving effect to Article 3, paragraph 1(c), of the Convention.
The Committee is sending directly to the Government a request on a certain number of other matters.
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:
Article 3, paragraph 1(c), of the Convention. The Committee notes that the draft of the revised Labour Code to which it referred in its previous comment will shortly be submitted to the competent authorities for adoption. The Committee again expresses the hope that appropriate measures will be taken to give effect to this provision of the Convention which provides that the labour inspectorate must bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. It asks the Government to provide information on any progress made in this regard in its next report.
Articles 11 and 16. Further to its previous comment, the Committee notes the Government's endeavours to remedy the lack of material facilities placed at the disposal of labour inspectors, particularly as regards transport. It also notes the Government's view that, generally speaking, as things now stand, application of the Convention still leaves room for improvement. It hopes that the next report will contain all the required information on the measures taken or contemplated to this end, including the possibility of reimbursing labour inspectors for any travelling and incidental expenses which may be necessary for the performance of their duties.
Articles 20 and 21. The Committee notes that a summary of inspection reports for 1990 has been prepared. Further to its previous comments, it again expresses the hope that the Government will take the necessary steps to ensure that annual inspection reports containing information on all the subjects listed at Article 21 are published and transmitted to the International Labour Office within the period laid down in Article 20.
Article 3, paragraph 1(c), of the Convention. With reference to its earlier comments, the Committee hopes that pending the revision of the Labour Code referred to by the Government in its last report, appropriate measures will be taken to give effect to this provision of the Convention, which provides that the labour inspectorate must bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. It requests the Government to provide information on any progress made in this regard in its next report.
Articles 11 and 16. The Committee requests the Government to provide specific indications on the number of vehicles placed at the disposal of labour inspectors, and on the arrangements made to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the perfomance of their duties, particularly with regard to visits to workplaces liable to inspection.
Articles 20 and 21. The Committee notes that the report on the work of the labour inspectorate has not reached the International Labour Office. It trusts that the Government will take the necessary steps to ensure that, in future, annual inspection reports containing information on all the subjects listed at Article 21 are published and transmitted to the International Labour Office within the period laid down at Article 20.