Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 81) sur l'inspection du travail, 1947 - Sierra Leone (Ratification: 1961)

Autre commentaire sur C081

Observation

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Labour law reform. In its previous comments, the Committee noted that the Government sought ILO technical advice on a draft of the Labour Act in the context of the labour law reform. The Committee notes that in 2018, the Office provided its comments to the draft Labour Act, which is intended to consolidate and revise various pieces of legislation, including the Regulation of Wages and Industrial Relations Act (1971). In its report, the Government indicates that the draft legislation is now available but does not indicate the progress made in its adoption. Noting that the labour law reform has been pending for many years, the Committee requests the Government to indicate the progress made towards the adoption of the new Labour Act.

Articles 6 and 7 of the Convention. Recruitment and training of labour inspectors and independence of labour inspectors. In its previous comments, the Committee noted that no training opportunities were provided to labour inspectors in terms of technical or specialized areas. In its reply, the Government indicates that in 2015, the Ministry of Labour and Social Security with support from the ILO conducted training for Labour Inspectors, Labour Officers and Factory Inspectors on general labour administration. In its previous comment, the Committee also noted that, with respect to recruitment of labour inspection staff, one of the factors considered in recruitment is political affiliation. The Committee requested the Government to take the necessary measures to ensure that labour inspectors are recruited with sole regard to their qualifications for the performance of their duties. The Committee regrets that the Government does not address this request in its report and once again recalls that, pursuant to Article 6 of the Convention, labour inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of improper external influences. The Committee also recalls that, pursuant to Article 7, they shall be recruited with sole regard to their qualifications for the performance of their duties. Therefore, the Committee once again requests the Government to take the necessary measures as soon as possible to ensure that labour inspectors are recruited with sole regard to their qualifications for the performance of their duties, in accordance with Article 7 of the Convention. Taking due note of the limited resources available, the Committee requests the Government to provide information on the content, frequency and duration of the training given to inspectors, as well as the number of participants.

Article 12(1)(a). Unannounced visits and free entry into workplaces liable to inspection. In its previous comments, the Committee noted that under Article 12 of the Convention, labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice any workplace liable to inspection. It requested the Government to take the necessary measures, including in the context of the ongoing labour law reform process, to ensure that labour inspectors are empowered, in law and in practice, to enter freely and without previous notice any workplace liable to inspection. In its reply, the Government indicates that the Regulation of Wages and Industrial Relations Act, 1971, and the Factories Act, 1974 make adequate provisions for labour inspectors to enter freely and without previous notice to any workplace liable to inspection. It also indicates that similar provisions have been included in relevant draft labour legislation. The Committee takes note of this information and requests the Government to provide a copy of the new legislation, once adopted.

Article 18. Adequate penalties. In its previous comments, the Committee noted that the fines established in the Factories Act, 1974 are quite low, and requested the Government to take the necessary measures to ensure the establishment of adequate penalties for the legal provisions enforceable by labour inspectors. The Government acknowledges that the existing penalties are indeed inadequate, but indicates that new penalties have been incorporated in the draft labour legislation. The Committee hopes that the new legislation will ensure the establishment of adequate penalties for breaches of the legal provisions enforceable by labour inspectors and requests the Government to provide a copy, once the new legislation is adopted.