Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the Government’s report received at the ILO on 23 October 2009.

Article 2 of the Convention. Delegation of labour administration activities to non-governmental bodies. Noting that, according to the Government, no labour administration activities have been entrusted to any non-governmental bodies, the Committee points out that employers’ or workers’ organizations constitute non-governmental organizations within the meaning of the Convention. The Government is accordingly asked to indicate whether any labour administration activities have been delegated to employers’ or workers’ organizations (for example, in the area of social protection, training, workers education).

Article 3. Activities in the field of national labour policy regarded as being matters regulated by recourse to direct negotiations between employers’ and workers’ organizations. The Committee notes that according to the Government, collective agreements between employers’ and workers’ organizations have been concluded by recourse to direct negotiation. The Committee would be grateful if the Government would provide copies of such collective agreements on matter relating, inter alia, to conditions of work or the protection of workers in the performance of their duties.

Articles 5 and 6(1)(a). National employment policy and the role of national tripartite councils. The Committee notes that there is an online employment window at the General Employment Directorate of the Labour Ministry and that it provides a link between job supply and demand and compiles useful information for assessing the situation of the national employment market. The Government is asked to provide detailed information on the role played by the National Employment Council, the National Wages Council and the National Labour Council in determining the national employment policy, and to provide all relevant documentation.

Article 9. Ascertaining that local labour administration agencies operate lawfully and consistently with the objectives assigned to them. The Government having provided no information on this matter, the Committee again asks it to specify, illustrating by any relevant documents, the legislative and practical resources at the disposal of the Secretariat of Employment to ensure that the activities delegated to local agencies under this Article are carried out in accordance with the national legislation and are in keeping with the objectives assigned.

Article 10. Status and conditions of service of labour administration staff and material resources. With regard to the status and conditions of work of public administration employees, the Committee notes that the Government refers to Act No. 41–08 of 4 January 2008 issuing the Public Service Regulations, which repeals Act No. 14–91 of 20 May 1991 on the civil service and administrative careers, and Act No. 120–01 issuing the code of ethics for public servants. The Committee notes that according to section 2(2) of the new Act, persons having an employment relationship with State bodies that are governed by the Labour Code are excluded from its scope. The Committee requests the Government to specify whether all persons performing labour administration functions are public servants governed by Act No. 41–08 of 4 January 2008. It would be grateful if the Government would, in any event, provide information on the composition of the staff of the labour administration system (public servants and contract workers) and the geographical distribution of the staff within the various bodies.

The Government is also asked to provide information on the training provided to the abovementioned staff in the course of their employment (areas covered, frequency, duration, participation, etc.) and to describe the material means and financial resources placed at their disposal to perform the duties of labour administration.

Parts III and IV of the report form. The Government is asked to reply in detail to the questions under these parts of the report form.