Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 81) sur l'inspection du travail, 1947 - Bénin (Ratification: 2001)

Autre commentaire sur C081

Observation

Demande directe

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Article 3(1) and (2) of the Convention. Primary duties of the labour inspectorate. Mediation. In its previous comments, the Committee noted that the labour inspectorate was responsible for mediation tasks during labour disputes. In this regard, the Committee notes the Government’s indication in its report that mediation tasks occupy most of the time for labour inspectors. The Committee recalls once again that, under Article 3(2), where further duties are entrusted to labour inspectors, they must not interfere with the discharge of their primary duties or prejudice in any way the authority and impartiality that inspectors need in their relations with employers and workers. The Committee requests the Government to supply detailed information on the number of labour inspectors and the proportion of time and resources that they devote to mediation by comparison with their primary duties. It also requests the Government to ensure that this function does not interfere with their primary duties, including by considering the possibility of assigning this function to another body.

Article 5(a). Effective cooperation between the labour inspection services and the judicial authorities. In its previous comments, the Committee noted that the Government planned to hold meetings with the judicial authorities. The Committee notes that the Government refers once again to the meetings but does not provide any information on this matter or on other activities carried out to strengthen effective cooperation between the inspection services and the judicial authorities. The Committee wishes to remind the Government of the importance of this cooperation to ensure the effectiveness of enforcement of the legislation undertaken by labour inspectors, and in this respect draws the Government’s attention to its general observation of 2007. The Committee requests the Government once again to supply information on activities and meetings undertaken or planned to strengthen cooperation between the inspection services and the judicial authorities.

Article 7(3). Training of labour inspectors. Referring to its previous comments, in which it asked the Government to continue providing information on training activities for labour inspectors, the Committee welcomes the fact that, according to the excerpt of the staff training plan for 2013–15 attached to the Government’s report, a total of 11 inspectors followed training courses leading to qualifications at the National School of Administration and the Judiciary (ENAM). The Committee encourages the Government to pursue its training efforts and requests it to continue providing information on training activities for labour inspectors, stating the number of participants and the length and content of the training courses.

Articles 10, 11 and 16. Material resources for the labour inspectorate, including transport facilities. Referring to its previous request concerning the material resources and transport facilities available to labour inspectors, the Committee notes the Government’s indication that inspectors have the use of premises which are accessible to all but that initiatives for the building of infrastructure (namely, inspection service headquarters) need to be accelerated. The Government also indicates that vehicles are made available to inspectors for the purpose of inspections and their meal costs are covered. However, the lack of transport resources and the age of the vehicle fleet are an obstacle to the efficient performance of their inspections. While noting the difficulties faced by the labour inspectorate, the Committee requests the Government to make every possible effort to improve the material resources made available to inspectors so that they are able to perform their duties effectively. It also requests the Government to provide detailed information on the action taken in this respect.

Articles 10, 20 and 21. Register of workplaces and enterprises for determining the appropriate number of inspectors and drawing up the annual inspection report. In its previous comments, the Committee asked the Government to report on progress made regarding the establishment of a register of workplaces and enterprises to which it had referred previously. The Committee notes with regret that no information has been sent on this matter. Referring to its general observation of 2009, the Committee wishes to recall that such a register would be very useful for determining the number of inspectors needed to ensure the effective discharge of the duties of the labour inspectorate and also for preparing the annual inspection report. The Committee strongly encourages the Government to take the necessary steps to establish a register of workplaces and enterprises liable to inspection and requests it to provide information on progress made in this regard.

Articles 17 and 18. Legal proceedings and penalties for violations of the labour legislation. In its previous comments, the Committee noted that labour inspectors are empowered, under section 271 of the Labour Code, to prosecute any persons who infringe the labour legislation and regulations but that they do not exercise this power in practice as employers react positively when notified of infringements. It asked the Government to clarify whether it is left to the discretion of inspectors, in the course of their duties, to give warnings or advice instead of instituting or recommending proceedings. It notes the Government’s indication that compliance orders are issued further to infringements recorded during inspections and that there are still no statistics on this matter. The Committee wishes to recall in this regard that, firstly, it must be left to the discretion of inspectors to give warnings or advice, to issue a compliance order or to institute or recommend proceedings and, secondly, when compliance notices have no effect, proceedings must be instituted to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers. The Committee requests the Government to provide further information on the measures taken or contemplated to ensure that labour inspectors have this discretion, in law and in practice. It also requests the Government to take the necessary steps to ensure the production of statistics on reported infringements and to send a copy of them once they are available.