Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 81) sur l'inspection du travail, 1947 - Tchad (Ratification: 1965)

Autre commentaire sur C081

Observation

Demande directe

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Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. The Government indicates that sections 476(4) and (5) of the Labour Code provide that labour inspectors may submit individual and collective disputes to conciliation and conduct studies and inquiries which are prescribed. The Committee further notes that, according to the information contained in the 2012 annual report of the labour inspectorate of N’Djamena, conciliation occupies 70 per cent of the working time of labour inspectors. Moreover, the 2012 annual report of the regional inspectorate of Mayo Kebbi Ouest indicates that conciliation is the primary task for labour inspectors. The Committee reminds the Government of the primary functions under Article 3(1) of the Convention (enforcement of the legal provisions relating to conditions of work and the protection of workers and advice to employers and workers). It also recalls the guidance contained in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), to the effect that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. The Committee asks the Government to indicate the time and resources of inspection services spent on conciliation in relation to their primary duties as defined in Article 3(1) of the Convention. The Committee hopes that the Government will take the necessary steps to ensure that, in accordance with Article 3(2) of the Convention, any further duties which may be 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. It requests the Government to provide information in its next report on any measures taken or contemplated in this regard.

Articles 4, 10 and 11. Decentralization. Human and material resources. Premises and transport facilities. The Committee notes the Government’s statement that the application of the Convention faces difficulties due, in particular, to the insufficient number of labour inspectors and controllers. The Committee further notes that, despite the modernization of the public administration, through the building of infrastructure and improvements to conditions of work reportedly undertaken by the Government over several years, the 2012 annual report of the labour inspectorate of N’Djamena refers not only to the lack of inspection staff but also to the extreme dilapidation of the inspection premises, furniture and sanitary facilities, the insalubrious conditions in which they work and the lack of transport facilities. It also notes that the 2012 annual report of the regional inspectorate of Mayo Kebbi Ouest highlights the inadequacy of the operating budget, the lack of any vehicles, and the lack of office equipment (generator, computer, telephone). The Committee also notes the Government’s statement that a process of decentralization is in progress and each region has a labour inspection service placed under the authority of a chief inspector. The Committee emphasizes the fact that, in a context of chronic inadequacy of human and material resources, it is particularly important that the labour inspection system is organized and functions under the supervision and control of a central authority, so as to enable a distribution of available resources among departments according to identical criteria throughout the country and thereby ensure the same protection for all workers covered. The Committee therefore requests the Government to send information on any measures taken or planned, including, if applicable, recourse to international financial assistance, in order to reinforce the human and material resources of the labour inspectorate, in conformity with Articles 10 and 11 of the Convention. It also requests the Government to ensure the continued existence of a central authority, as required by Article 4.

Furthermore, taking account of the changes that have occurred owing to the decentralization of the labour inspectorate, the Committee requests the Government to send an up-to-date copy of the organizational chart of the labour inspectorate, with the geographical distribution of inspection offices and staff throughout the country.

Article 5(a). Effective cooperation between the inspection services and other institutions. Cooperation with the judiciary. The Government indicates that cooperation exists between the labour inspection services and other government departments, including the Ministerial Department of Justice, but that nevertheless information on judicial action taken as follow-up to infringement reports does not reach labour inspectors. The Committee draws the Government’s attention to its general observation of 2007 relating to the Convention, concerning the importance of ensuring cooperation between labour inspection bodies and the judiciary with a view to enforcing the legal provisions on conditions of work and the protection of workers. The Committee requests the Government to provide information in its next report on any measures taken or contemplated to ensure such cooperation.

Article 6. Status of labour inspectors. The Committee notes the Government’s indication that regulations determining the particular status of labour inspectors and controllers have not yet been adopted. The Committee requests the Government to send the ILO a copy of these regulations, once they have been adopted.

Article 7(3). Adequate training for labour inspectors. The Committee notes the Government’s statement that each year two labour inspection officials attend the African Regional Centre for Labour Administration (CRADAT) for practical further training. Workshops and seminars have also been held for inspectors and the Ministry of Labour draws up training plans for its employees. However, it notes that the obstacles to the application of the Convention referred to by the Government include the lack of further training. The Committee requests the Government to send detailed information on training organized every year within CRADAT for labour inspectors, and also on workshops and seminars held, stating their duration, the subjects covered, their impact on the tasks assigned to labour inspectors, and the number of inspectors who take part. The Government is also requested to provide information on any other measures taken or contemplated to address the lack of further training for labour inspectors.

Articles 9 and 16. Collaboration of duly qualified technical experts and specialists. Thoroughness of inspections. The Committee notes the Government’s indication that labour inspectors do not have support from duly qualified technical experts and specialists during inspections, and it cannot be guaranteed that inspections are conducted with the thoroughness required by Article 16 owing to the lack of specialists accompanying the inspection team. The Committee requests the Government to take the necessary measures to ensure that duly qualified technical experts and specialists are associated in the work of inspection and to send information on this matter in its next report.

Articles 20 and 21. Annual inspection report. Recalling the obligation laid down by Article 20 of the Convention for the central labour inspection authority to publish an annual general report covering the subjects listed in Article 21(a)–(g), the Committee requests the Government to take the necessary measures to ensure the publication of this report and to keep the ILO informed of any obstacles encountered.