Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 81) sur l'inspection du travail, 1947 - Gabon (Ratification: 1972)

Autre commentaire sur C081

Observation

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Legislation. The Committee notes the adoption of Act No. 022/2021 of 19 November 2021 issuing the Labour Code. The Government indicates that the provisions of sections 271 to 288 of this new Code incorporate the main provisions of the Convention in an almost identical form. The Committee notes that Article 15(c) of the Convention (obligation of confidentiality) is reflected in the last paragraph of section 275 of the new Labour Code. As regards Article 18 of the Convention (adequate penalties for violations of the legal provisions and for obstructing labour inspectors in the performance of their duties), the Committee also notes that the new Labour Code provides for the imposition of penalties in various scenarios, with the amount of these penalties mostly having been substantially increased by comparison with those established in the previous version of the Labour Code. The Committee notes the information provided by the Government which addresses its previous comment.

Article 3(1) and (2) of the Convention.Further labour inspection duties. The Committee notes that despite the Government’s undertaking to take account of the recommendations made in the ILO’s analytical study of 2010 and the adoption of the new Labour Code, individual labour disputes must still be referred to labour inspectors and no labour tribunals (conseils de prud’hommes) have been set up. The Committee also notes the Government’s indication, in reply to its previous comment, that labour inspectors manage to perform their workplace inspection duties despite their conciliation activities. Given the lack of detailed information on this last point, the Committee once again requests the Government to provide detailed information on the time and resources devoted by labour inspectors to conciliation, by comparison with primary inspection duties, as defined in Article 3(1) of the Convention.

Article 4. Central authority. The Committee notes that since 2010 there has been a special labour inspection service responsible for the petroleum sector and another responsible for the forestry sector, and that the Government indicates, in reply to its previous comment, that it recently set up two new special inspection units, one responsible for mining and the other for agriculture. The Government also indicates that the Labour, Staffing and Employment Department is responsible for coordinating labour inspection services. The Committee notes this information, which responds to its previous request.

Article 7. Training for labour inspectors. The Committee notes that the Government, in reply to its previous request, has affirmed its intention to review training programmes implemented at the Administrative Career Academy and the National School of Administration. The Committee once again requests the Government to provide detailed information on initial and further training for labour inspectors, including on occupational safety and health.

Articles 10, 11 and 16. Human and material resources and inspection as often and thoroughly as necessary. The Committee notes the Government’s indication, in reply to its previous comment, that: (i) in 2017, there were 137 labour inspectors and controllers; (ii) the equipment needed for the performance of their duties remained a concern; (iii) the condition of some offices had deteriorated as a result of the post-election events of August 2016; and (iv) the renewal of means of transport was needed. The Committee requests the Government to continue providing information on the number of labour inspectors and controllers.Noting that the Government has not described in detail the material resources provided for inspectors and controllers (offices, phones, computers, transport facilities, etc.), the Committee once again requests the Government to provide this information, indicating in particular whether the number of staff and the material resources provided ensure that workplace inspections are as frequent and thorough as necessary.

Article 13(2). Powers of labour inspectors in the event of danger to the health or safety of the workers. The Committee notes that, in the event of serious and imminent danger, section 267 of the new Labour Code empowers labour inspectors to take all precautionary measures to eliminate the identified risk and to apply to the interim relief judge for an order for the temporary or permanent closure of a workshop or worksite, and the deactivation, immobilization or seizure of equipment, machinery, appliances or products. The Committee requests the Government to provide information on the application in practice of new section 267 of the Labour Code indicating, for example, how many measures with immediate executory force have been taken by labour inspectors in cases of danger to the health or safety of the workers, and in which sectors.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate.In the absence of a reply to its previous comment and of information concerning the number of occupational accidents and diseases, the Committee once again requests the Government to indicate whether measures, such as re-examining the criteria according to which accidents at work and occupational diseases must be reported and for carrying out of investigations when an occupational accident or disease appears to reflect a serious situation, have been taken or envisaged to improve the procedure for the notification of industrial accidents and cases of occupational disease to the labour inspection services responsible for occupational safety and health.

Articles 19, 20 and 21. Annual reports on the work of the labour inspectorate. The Committee notes the Government’s indication, in reply to its previous comment, that statistical data enabling the preparation of labour inspection reports are not collected. The Committee also notes that the new section 286 of the Labour Code provides for publication of the annual report no later than the end of the first quarter of the new year, whereas section 247 of the old Code provided for publication within a period not exceeding one month after the end of the year. The Committee also notes with regret that the Government has not provided any information on progress made regarding the preparation by the central authority of an annual report on the work of the inspection services. Referring to its general observation of 2010 on Convention No. 81, the Committee recalls that that, when well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. The Committee requests the Government to provide information on how it is ensured in practice that local labour inspectors are required to submit periodic reports on the results of their inspection activities to the central inspection authority, in accordance with Article 19 of the Convention. In addition, the Committee requeststhe Government to take the necessary steps to ensure that annual inspection reports are published and transmitted to the ILO in accordance with Article 20 of the Convention and that these reports contain full information on all the subjects listed in Article 21(a)–(g) of the Convention.