Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee refers the Government to its observation, and takes note of the Government’s replies to its previous comments.

In particular, the Committee notes with interest that as a result of the work done by the National Labour Council (CNT), the new Labour Code (Act No. 015/2002 of 16 October 2002) has been adopted; an Act (No. 016/2002 of 16 October 2002) on the establishment, organization and working of labour courts has been adopted, as have two Decrees, one to determine arrangements for setting the guaranteed inter-occupational minimum wage (SMIG), minimum family allowances and the value of housing, and the other to fix the SMIG. The Committee notes that the CNT’s work in 2004 and 2005 also generated numerous regulations on other matters covered by the Convention.

Organization and working of the labour administration system. The Committee notes with interest the provisions of the Labour Code (sections 185 et seq.) that define the organization and operation of the labour administration system, and set the rules and principles governing industrial relations at national, regional and enterprise level. It would be grateful if the Government would provide an up to date organizational chart of this system together with a copy of Ministerial Order No. 12/CAB.MIN/TPS/118/2005 of 26 October 2005 on the working of the National Labour Council, and a copy of any texts issued under the Labour Code providing for the establishment of new bodies to be responsible for matters pertaining to certain activities of labour administration.

Lastly, the Committee notes that the Government again requests technical assistance in the form of an in-depth audit of the Ministry of Labour and Social Security by an expert, with a view to determining new approaches to reinvigorating the departments. The Government does not indicate that it has taken official action for this purpose. Information available at the Office appears to indicate that a technical cooperation project in the province of Katanga entitled “Improving Governance in the Mines of Katanga” has been set up to promote decent work in the mining and iron and steel sectors in the province, in particular by improving conditions of work and promoting social dialogue. It appears that there are to be measures to reinforce labour administration in this context. The Committee would be grateful if the Government would provide information on any steps taken for the abovementioned purposes and on any results obtained. Please also provide any relevant documents.