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The Committee notes the Government’s report, which was received at the ILO on 12 November 2009, in reply to its direct request of 2005. It also notes the communication of Order No. 00003 MTEPS/CAB of the Minister of Labour, Employment and Social Security appointing the members of the National Wage Review Board, and Order No. 00004 MTEPS/CAB appointing the Technical Advisory Committee for occupational safety and health, both Orders being signed on 8 January 2008.
Article 3 of the Convention. Activities in the field of national labour policy regulated by recourse to direct negotiations between employers’ and workers’ organizations. The Committee notes that, although Decree No. 000795/PR/MTE of 4 July 1980 created the impression that the National Wage Review Board was a tripartite body in which the Government was represented by a number of ministries, while the employers had one representative of the Employers’ Confederation of Gabon (CPG) and the workers had one representative of the Trade Union Confederation of Gabon (COSYGA), Ministerial Order No. 00003 MTEPS/CAB appointing its members shows that this board is a joint body, with the Government playing the role of rapporteur. It therefore appears that this board is a body in which wage-related matters are discussed directly between employers’ and workers’ organizations, in accordance with Article 3. In addition, the Technical Advisory Committee for occupational safety and health is a joint body, as shown by Order No. 00004 MTEPS/CAB appointing its members. The Committee requests the Government to indicate the activities in the field of national labour policy regarded as being matters regulated by recourse to direct negotiations between employers’ and workers’ organizations and to supply information on the outcome of negotiations conducted in this context, and also copies of any relevant collective agreements.
The Committee requests the Government also to supply information on the operation in practice of the Joint Labour Advisory Board established by Decree No. 00912/PR/MTE and also on the operation of the National Wage Review Board and the Technical Advisory Committee for occupational safety and health, together with copies of extracts from reports on work done within these bodies during the next reporting period.
Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee wishes to emphasize that under the terms of Article 5 each Member which ratifies the Convention must make arrangements to secure, within the system of labour administration, consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers, or employers’ and workers’ representatives (paragraph 1). To the extent compatible with national law and regulations and national practice, such arrangements must be made at the national, regional and local levels as well as at the level of the different sectors of economic activity (paragraph 2). The Committee requests the Government to take steps to secure, within the system of labour administration, consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers, to describe the measures taken to this end and to supply information on their implementation in practice, including copies of legislative texts and extracts from relevant reports.
ILO technical cooperation. Noting with interest that the organization of a number of training seminars by the ILO, particularly in 2008 in the area of labour inspection, has had a clear impact on the functioning of the labour inspectorate, the Committee requests the Government to supply detailed information on the type of training provided for different categories of officials in the labour administration, and also on the results of this training with regard to the operation of the labour administration system.
Furthermore, the Committee again requests the Government to supply information previously requested in the following terms:
– National employment policy. Please describe the role of the National Employment Office in the preparation, implementation and evaluation of the National Employment Policy. Please describe the activities of the Help Fund for Professional Integration and Reintegration and the manner in which they contribute to pursuing the objectives of the employment policy (Article 6(2)(a)). In this respect, the Government might find it useful to consult the General Survey that the Committee has produced recently on the relevant international labour standards: Promoting employment (2004).
– Practical application. Please communicate extracts of any reports or other periodic information provided by the principal labour administration services to allow the appreciation of application of the Convention in practice (Part IV of the report form).
The Committee notes the very brief reports received in September 2004 and August 2005. It notes that the Government states that no new measures have been taken for application of the Convention and even that the various advisory and other bodies mentioned in its previous report do not yet function properly. The Committee hopes that the Government will be in a position to show in its next report the progress made in application of the Convention, in regard particularly to the following aspects.
1. Tripartite consultations. Please indicate the measures taken or envisaged to guarantee the effective operation of the Advisory Labour Committee, the Advisory Technical Committee on Occupational Safety and Health, and the National Committee which examines salaries. Please indicate any matters that have been brought before these bodies, the opinions they have issued and how they have been taken into account (Article 5, paragraph 1, of the Convention).
2. National employment policy. Please describe the role of the National Employment Office in the preparation, implementation and evaluation of the National Employment Policy. Please describe the activities of the Help Fund for Professional Integration and Reintegration and the manner in which they contribute to pursuing the objectives of the employment policy (Article 6, paragraph 2(a)). In this respect, the Government might find it useful to consult the General Survey that the Committee has produced recently on the relevant international labour standards: Promoting employment (2004).
3. Practical application. Please communicate extracts of any reports or other periodic information provided by the principal labour administration services to allow the appreciation of application of the Convention in practice (Part IV of the report form).
4. ILO technical cooperation. Please describe any ILO advisory or technical cooperation activities from which the country has benefited during the period of the report and specify any measures affecting the labour administration which were adopted as a result (Part V of the report form).
The Committee notes the Government’s report and the information provided in reply to its previous comments. It notes the legislative texts and texts available at the ILO on the development of the institutional structure of the labour administration system: Law No. 39/93 of 15 February 1993 ratifying Ordinance No. 008/93 relating to the establishment of a National Employment Office led by a tripartite governing board which is in charge of assisting job or training seekers, so as to facilitate their professional integration, or reintegration on the one hand, and help employers recruit or reclassify their personnel on the other hand; Decree No. 272 of 9 March 1994 on the operation and organization of the Office whose attributes are specified in section 3; Decree No. 273 of 9 March 1994 on the organization and operation of a Help Fund for Professional Integration and Reintegration whose governing board is also tripartite, and whose tasks and functioning are geared to promoting employment, and the initial training of young persons and adults taking due account of the socio-economic needs; Ministerial Order No. 808 of 21 November 1995 specifying the composition and functioning of the Technical Consultative Committee on Occupational Safety and Health; Decree No. 642 of 23 June 1997 specifying the composition of the National Committee which examines salaries, and lastly, Decree No. 643 of 23 June 1997 on the Labour Consultative Committee.
The Committee would be grateful if the Government would transmit a copy of any text which is in application of the abovementioned instruments as well as a copy of Ordinance No. 9 of 1 October 1993 which establishes a fund to assist in professional integration and reintegration. It further requests the Government to provide precise information with respect to Article 6 of the Convention, on the practical functioning of the abovementioned bodies, and to transmit extracts of all reports, or other periodic information especially statistics on their activities.
The Committee observes that the report of the Government contains no reply to its earlier comments. It hopes that the next report will provide full information on the points raised in its previous direct request, which were to the following effect:
The Committee trusts that in future reports the Government will continue to furnish clear information on the effective operation of the system of labour administration, in accordance with Article 4, and also on the material means and financial resources necessary for the effective performance of the duties of the staff assigned to this system in accordance with Article 10, paragraph 2, including extracts of any reports or other periodic information provided by the principal labour administration services, as indicated in point IV of the report form drawn up for this Convention.
Article 5, paragraph 1, of the Convention. The Committee takes note of the intention expressed in the report of the Government to communicate to it the texts concerning the application of the provisions of this Article. It notes with interest the provisions of Decree No. 000795/PR/MTE of 4 July 1980 establishing the composition of the National Committee for the Study of Wages. Other texts requested in its earlier comments do not, however, appear to have been received and the Committee trusts that copies will be enclosed with the next report of the Government and that they will provide in particular information on the establishment, composition and effective operation of advisory bodies such as the Technical Advisory Committee and the Labour Advisory Committee, provided for by section 159 of the Labour Code.