Solicitud directa (CEACR) - Adopción: 2020, Publicación: 109ª reunión CIT (2021)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) - Senegal (Ratificación : 1962)

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Observación

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Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. In its previous comment the Committee noted that in 2015 the labour inspection services dealt with a significant number of individual and collective labour disputes, tasks that could be incompatible with inspectors’ primary function of ensuring respect for the law, and had requested the Government to provide information on the time and resources devoted by labour inspectors to the additional functions of conciliation and mediation. The Committee notes the Government’s statement that the conciliation function fulfilled by the labour inspectors does not hamper them in discharging their primary duty of inspection, as shown by the increase from 2,557 inspections carried out in 2017, to 4,189 inspections in 2018 and in conciliation exercises from 1,814 to 2,124 over the same period. The Committee requests the Government to continue providing information on the measures taken to ensure that the exercise of additional functions such as conciliation and mediation by labour inspectors does not interfere with the discharge of their primary functions.

Article 6. Status and conditions of service of labour inspectors. The Committee notes that, in response to its previous requests for information on any progress made in the revision of the conditions of service of labour inspectors, the Government indicates that, while Decree No. 77-884 of 10 October 1977 on the specific conditions of service of public servants in labour and social security has not yet been modified, a policy has been launched to improve the employment conditions of administration technical staff through measures including: (i) increasing the budgets allocated to the labour inspection services; (ii) improving the career prospects of labour inspectors by making secondment possible to other posts of responsibility in other administrations and public services; and (iii) improving the remuneration of labour inspectors and controllers. The Committee requests the Government to continue to provide information on the status and conditions of service of labour inspectors, in conformity with Article 6 of the Convention, and to submit to it a copy of any relevant new legislative or regulatory text.

Articles 7, 10, 11 and 16. Human and material resources of the inspection system and inspection visits. The Committee had previously noted that the number of inspectors had declined in 2016 and had requested the Government to take the necessary measures to ensure that there was a sufficient number of labour inspectors to secure the effective discharge of their duties. The Committee notes with interest the Government’s statement that the number of labour and social security inspectors and controllers responsible for inspection visits to enterprises increased from 64 in 2016 to 134 in 2019. The Government also indicates that greater material and logistical means and equipment, required to enable the inspectors to discharge their duties, have been placed at their disposal (construction of new inspection offices, renovation of premises, IT equipment, 39 dedicated vehicles). Welcoming this progress, the Committee requests the Government to supply information on the number of labour inspection staff members as well as detailed information on the financial and material resources placed at the service’s disposal, for example, the number of vehicles available to inspectors. Furthermore, the Committee requests the Government to provide more information on the recruitment procedure for labour inspectors, and to supply information on the measures taken to ensure that newly recruited labour inspectors receive adequate training, to allow them to discharge their duties effectively and independently, in particular specifying the frequency, attendance levels and the impact of the training activities.

Article 9. Association of technical experts and specialists in the work of the labour inspection services. The Committee notes that, in response to its previous request regarding the setting up of medical inspection services, the Government indicates that the difficulties in recruiting occupational physicians persist. However, it also indicates that labour inspectors can, by virtue of article L-197(3)(1) to (3) of the Labour Code, during the inspection visit and where necessary, call for advice from, or consult with, doctors and technicians, especially concerning matters of hygiene and safety; They may also request to be accompanied on their visits by doctors and technicians.

Article 12(1)(a). Powers of investigation of labour inspectors. In its earlier requests the Committee noted that article L.197(2) of the Labour Code, which allows labour and social security inspectors to visit workplaces by night only where collective work is undertaken, is not in conformity with the principle expressed in Article 12(1)(a) of the Convention, which provides that inspectors are empowered to enter freely and without previous notice, at night, any workplace liable to inspection. The Committee notes that the Government’s report shows no progress in that direction. The Committee requests the Government to provide information on the measures adopted or envisaged to bring article L.197(2) of the Labour Code into conformity with Article 12(1)(a) of the Convention, in order to ensure that inspection visits carried out at night are not limited solely to premises where collective work is undertaken, but are possible in all workplaces liable to inspection.

Article 18. Adequate penalties provided for by national law for violations of the legal provisions. The Committee notes that, in response to its earlier comments concerning the revision of the amounts of penalties imposed for violation of the labour legislation, the Government indicates that the minister for labour, under whose authority it lies, is consulting with the different technical services so as to propose, as soon as possible, the relevant draft texts. The Committee requests the Government to continue to supply information on the measures adopted for the revision of the amounts of penalties, so as to ascertain that the types of penalties applied for violations of the labour law are appropriate to the nature and gravity of the violation.

Articles 20 and 21. Annual labour inspection reports. The Committee notes the Government’s statement that the reports containing labour statistics, giving details of the activities undertaken by the labour inspection services in respect of the various areas of labour law, and containing the information on the subjects listed under Article 21 of the Convention, are published at the end of each year and made available to all users by the competent services of the ministry of labour. The Committee therefore welcomes the annual activity reports of the labour and social security inspection services for 2016, 2017 and 2018, available on the Government website.