Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 81) sur l'inspection du travail, 1947 - Niger (Ratification: 1979)

Autre commentaire sur C081

Observation

Demande directe

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Legislation. The Committee notes the information provided in the Government’s report, in reply to its previous comments in this regard, concerning the adoption of Decree No. 2017-682/PRN/MET/PS of 10 August 2017 issuing regulations under the Labour Code, which contains, inter alia, provisions related to the functions of labour inspectors.

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. The Committee previously noted the Government’s indication that the conciliation functions entrusted to labour inspectors under the Labour Code take priority over their primary functions, and requested the Government to provide information on the measures taken or envisaged to remedy that situation. The Committee notes the Government’s indication that it has taken note the Committee’s comments and continues to take measures in this regard. The Committee urges the Government to provide detailed information on the measures taken to ensure that, in conformity with Article 3(2) of the Convention, the conciliation functions entrusted to labour inspectors do not pose an obstacle to the exercise of their primary functions. The Committee also requests the Government to indicate the time and resources that the inspection services dedicate to conciliation, in comparison to their primary functions set out in Article 3(1) of the Convention.

Article 4. Organization of the labour inspectorate. The Committee previously requested the Government to provide information on the reforms to the labour inspectorate, as well as an organizational chart of the labour inspection services under the Ministry of Employment, Labour and Social Security. In this regard, the Committee notes that, according to the Government, the organizational chart of the labour inspection services remains unchanged. The Committee also notes the Government’s indication that it plans to establish labour inspection services at the local authority level. The Committee requests the Government to continue providing information on the progress made in the establishment of inspection services at the local authority level. The Committee also requests the Government to indicate the manner in which the work of the new inspection services in local authorities will be monitored and supervised by the central authority for labour inspection.

Articles 5(a) and (b), 17 and 18. Cooperation between the labour inspection services and judicial bodies. Penalties for violation of the legal provisions and for obstructing labour inspectors in the performance of their duties. Collaboration between officials of the labour inspectorate and employers and workers. The Committee previously noted the Government’s indication that labour inspectors have rarely invoked section 355 of the Labour Code before the judicial authorities, which provides for penalties applicable in the event of the obstruction of labour inspectors and their assistants. In reply to the Committee’s previous request concerning the measures taken to facilitate effective cooperation between the inspection services and judicial bodies, the Government refers to a joint training session for magistrates and labour inspectors in 2007, and requests the assistance of the ILO to organize further training for these two groups. The Committee also notes the information provided by the Government concerning the organization of awareness-raising activities for employers on the role of labour inspectors, including workshops and training sessions. The Committee requests the Government to provide detailed information on any other activities organized or planned to raise employers’ awareness of the role and powers of labour inspectors, including the nature of the activities, their content, the number of employers who participated and the duration. The Committee also requests the Government to provide further information on the application of section 355 of the Labour Code in practice, including statistical data on the violations detected and the penalties imposed. Regarding the organization of joint training sessions for labour inspectors and the judicial bodies, the Committee notes the Government’s request for technical assistance and firmly hopes that this technical assistance from the Office will be provided in the very near future.

Articles 10 and 11. Human resources of the labour inspectorate and material resources available to inspectors. The Committee notes the information provided in the Government’s report concerning the number of officials employed in each of the 10 regional inspectorates in the country. The Committee also notes the Government’s indication that it plans to establish local inspection services, as it has in N’Gourti in the region of Diffa. The Committee notes, however, the absence of information concerning the current situation of the material resources available to the labour inspectorate. The Committee also notes that, according to a 2018 ILO report entitled Women and men in the informal economy: A statistical picture, workers employed in the informal economy represent 91.3 per cent of all employment in Niger, which could pose particular challenges in terms of inspection. The Committee requests the Government to continue its efforts to ensure that the labour inspectorate has the necessary human and material resources for the effective performance of its functions. The Committee also requests the Government to provide detailed information on any measures taken and progress made in this regard.

Articles 20 and 21. Annual report on the work of the inspection services. The Committee previously noted that, according to the Government, challenges remained in preparing an annual report on the activities of the inspection services, and the information gathered was often incomplete, unreliable and not communicated in a timely manner by all the services concerned. In this regard, the Committee notes the 2014 annual report of the inspection services, provided by the Government, which contains information on the laws and regulations relevant to the work of the inspection service, statistics of inspection visits and statistics of industrial accidents (Article 21(a),(d) and (f) of the Convention). The Committee also notes the indications in that annual report that some of the statistics provided, particularly on industrial accidents recorded, are far lower than the reality because reporting obligations are not always respected. The Committee requests the Government to make every effort to ensure that the central inspection authority is able to produce and publish annual labour inspection reports covering all the subjects set out in Article 21 of the Convention, particularly on: staff of the labour inspection service (Article 21(b)); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of violations and penalties imposed (Article 21(e)); and statistics of occupational diseases (Article 21(g)). The Committee also requests the Government to continue to provide these annual reports to the Office, in accordance with Article 20 of the Convention. With reference to Article 14, the Committee also requests the Government to provide information on the measures taken or envisaged to improve the fulfilment of reporting obligations with respect to occupational accidents. The Committee notes the Government’s request for technical assistance in this regard, and firmly hopes that this technical assistance will be provided in the near future.