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

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together. The Committee also notes the Government’s first report on Convention No. 150.

• Labour inspection

Article 4 of the Convention. Application of the Convention in the context of the decentralization of labour inspection. Supervision and control of a central authority. The Committee refers to its previous comment in which it expressed concern at the impact of the decentralization of the public administration on the organization and functioning of the labour inspection system, including with regard to the planning of inspections and communication between labour inspectorates in different areas. In its report, the Government indicates that there are 33 labour inspectors based at the district level, two chief labour inspectors at the national level and one child labour and decent work administrator who also has the competence and quality of a labour inspector. The Committee notes the adoption of the Ministerial Order No. 001/19.20 of 17 March 2020 relating to labour inspection which repeals the Ministerial Order No. 07 of 13 July 2010. It notes that sections 2 and 4 provide that labour inspectors carry out their mission at the central level and in decentralized entities. According to section 4 of this Order: (i) a labour inspector at the national level is competent to carry out his or her duties throughout the national territory and coordinates all activities of the labour inspection in the whole country; (ii) a labour inspector at a decentralized entity has competence to carry out his or her functions within his or her jurisdiction; and (iii) district labour inspectors can carry out their activities outside of their district upon written authorization of the Ministry of Public Service and Labour (MIFOTRA). The Committee further notes the Government’s statement that the coordination and supervision of the daily activities of labour inspectors was placed under the responsibility of the MIFOTRA. The Committee notes that according to the organizational chart of the MIFOTRA provided in the Prime Minister’s Order No. 087/03 of 14 August 2020 determining mission, responsibilities, organizational structure, salaries and fringe benefits for employees of the MIFOTRA, the 33 posts of labour inspectors and the position of child labour and decent work administrator, are part of the Labour Governance and Decent Work Pool, which is placed under the Employment Ecosystem Policy and Strategy Department. The Committee notes that the chart does not include the positions of the two chief labour inspectors. The Committee requests the Government to continue to provide information on the measures taken to ensure harmonized, coordinated and integrated labour inspection activities in the country and to indicate how the MIFOTRA performs daily supervision of labour inspectors at the district level. The Committee also requests the Government to provide more information on the position of the chief labour inspectors within the organizational chart of the MIFOTRA.

Articles 6 and 7. Status and conditions of service of labour inspectors. Recruitment and training of labour inspectors. In its previous comment the Committee requested the Government to indicate how it ensured harmonization of the recruitment and training of labour inspectors and uniformity at the national level in their status and conditions of service. The Committee notes the Government’s indication that the recruitment of the labour inspection staff is governed by Law No. 017/2020 of 7 October 2020 establishing the general statute governing public servants. The Committee notes that, under section 8, recruitment is made through competition, appointment or direct recruitment, and that a presidential order shall determine the modalities for the implementation of the methods of recruitment. The Government further indicates that the Presidential Order No. 128/01 of 3 December 2020, relating to the recruitment of public servants and induction programme, provides for the modalities of recruitment of public servants, including labour inspectors. The Committee notes that section 25 provides that, in decentralized entities, public servants are appointed by the head of a public institution. The Committee also notes that under section 35, newly appointed public servants undergo an induction programme, which is developed, planned, organized and implemented by the employing institution. It further notes the Government’s indication that, every year, the MIFOTRA conducts training sessions for labour inspectors, and that, in its 2021/2022 action plan, it planned to develop the capacities of labour inspectors on inspections, social dialogue, mediation mechanisms, collective bargaining, collaboration with social partners and production of labour statistics. The Government adds that, as a member of the African Regional Labour Administration Centre (ARLAAC), every year one labour inspector attends the ARLAAC labour administration training and, upon their return, shares the training received with all other labour inspectors of the country. The Committee also notes the Government’s reference to the Prime Minister Order No. 151/03 of 10 June 2016 determining modalities for conducting training of public servants. According to section 4 of this Order, every year each public institution is required, through its supervising Ministry, to submit its annual training plan and the related budget to the national institution in charge of capacity-building. The Committee requests the Government to continue to provide information on the status and conditions of service of labour inspectors, including their levels of remuneration and their employment tenure in comparison to the remuneration levels and job tenure of other officials exercising functions of similar complexity and responsibility, such as tax collectors and the police. Concerning training, the Committee requests the Government to continue to provide information on the training planned and delivered to labour inspectors at the central and district level and to include information on the content, frequency, and number of participants for each training session, including the focus and nature of training sessions addressed to collective bargaining.

Articles 10, 11 and 16. Human and material resources of the labour inspection system. Frequency and thoroughness of inspections. The Government states that labour inspectors are provided with adequate offices at both the national and district levels, and that they are entitled to a motorcycle with a monthly lump sum for fuel of 74,750 Rwandan francs (RWF) (approximately US$70). The Government also indicates that labour inspectors are provided with tablets to facilitate the task of registering data on labour inspections and labour disputes into the Integrated Labour Administration Information System (ILAS), a system for managing labour administration matters. In response to the Committee’s previous comment, the Government also indicates that the yearly budget allocated for each district was of RWF 2 million (approximately US$1,900) and that this allocation of equal means was justified by the fact that in urban districts there are many enterprises to be inspected but there is less distance to be covered, while in rural districts there are fewer enterprises but more distance to cover. The Committee also notes, from the Government’s report on the application of the Labour Administration Convention, 1978 (No. 150), that the MIFOTRA decides every year on the budget that will be allocated to the district labour inspectors. The Committee requests the Government to provide information on the yearly budget allocated to the labour inspectorate and to continue to provide details on the elements taken as a basis to determine such allocation. It also requests the Government to continue to provide information on the number of labour inspectors (disaggregated by gender) and to indicate their geographical distribution. Finally, the Committee requests the Government to provide information on the number of inspection visits conducted by labour inspectors in each district.

Articles 19, 20 and 21. Annual reports on the activities of the labour inspection services. The Committee notes the Government’s indication that, every public servant is required to provide quarterly reports and other reports on their performance through a performance appraisals system called Imihigo. The Committee notes however that, once again, the Government did not send the annual report on the activities of the labour inspection services. The Committee wishes to recall the fundamental importance that it attaches to the publication and communication to the ILO of an annual labour inspection report, which is an indispensable tool for assessing the results of the activities of the labour inspection services, the identification of priorities and the determination of the budgetary and other resources necessary to improve their effectiveness. It emphasizes that, under the terms of Article 20 of the Convention, the central labour inspection authority shall publish and transmit to the ILO an annual general report on the work of the labour inspection services, which shall include information on all the matters enumerated in Article 21. The Committee urges the Government to take the necessary measures to ensure the preparation and submission by local inspection offices of regular reports on the results of their activities, as required by Article 19, with a view to enabling the central authority to prepare, publish and transmit to the Office an annual labour inspection report (Article 20) containing information on all the subjects enumerated in Article 21 of the Convention. The Committee also requests the Government to indicate any progress made in compiling statistics of workplaces liable to inspection and of workers employed therein.

• Labour administration

Article 4 of the Convention. Organization and operation of the labour administration system. Coordination of its functions and responsibilities. The Committee notes the information provided in the Government’s first report that the labour administration system is comprised at the national level of: (1) the Ministry of Public Service and Labour (MIFOTRA); (2) the National Labour Council; (3) compliance and sectoral forums; and (4) National Steering Committees on Child Labour and on Occupational Safety and Health (OSH). The Government indicates that at the district level, there are district labour inspectors. While it takes due note of the information provided, the Committee notes that the Government does not indicate how it is ensured that the functions and responsibilities of the labour administration, at the national and decentralized levels, are properly coordinated. The Committee requests the Government to: (i) provide information on the manner in which coordination among the various institutions and bodies is ensured, including information on the practical measures taken to that effect; and (ii) communicate extracts of any reports or other periodic information provided by the principal labour administration services. The Committee also refers to its comment above under Article 4 of Convention No. 81.

Articles 5 and 8. Consultations within the system of labour administration and participation in the preparation of a national policy concerning international labour affairs. The Committee notes the Government’s general statement that the labour administration system puts into effect the principles of tripartism and consultation, at the national level, through the National Labour Council, which is a tripartite body. The Government also indicates that this Council is responsible for the preparation of a national policy concerning international labour affairs. The Committee asks the Government to: (i) provide specific information on the functioning of the National Labour Council, including information on any recent meetings and deliberations; and (ii) indicate the measures taken or contemplated in order to ensure consultation, cooperation and negotiation at the regional and local levels, and also at the level of the different sectors of economic activity. With regard to the preparation of a national policy concerning international labour affairs, the Committee requests the Government to: (i) provide information on the bodies within the system of labour administration that are responsible for contributing to the preparation of such policy and for participating in the representation of the State with respect to such affairs; and (ii) provide information on the practical role of each of these bodies.

Article 6. Preparation, implementation, coordination and evaluation of the national labour policy. The Committee notes the Government’s indication that the National Labour Council is engaged in all activities relating to giving effect to the provisions of Article 6 of the Convention. The Committee also notes, from section 3(c) of the Prime Minister’s Order No. 87/03 of 14 August 2020, that the MIFOTRA is responsible for elaborating labour policies. In this regard, the Committee refers to its previous comment on the application of the Employment Policy Convention, 1964 (No.122), in which it noted the adoption, in 2019, of a Revised National Employment Policy for the period of 2019–24. The Committee requests the Government to provide information on the measures taken by the labour administration system to monitor and assess the Revised National Employment Policy.

Article 7. Gradual extension of the functions of the system of labour administration. The Government indicates that the Law No. 66/2018 of 30/08/2018 regulating labour in Rwanda applies to self-employed persons with regard to OSH (section 2(5)) and also applies to workers in the informal sector with regard to OSH, trade union rights, right to salary, minimum wage, right to leave, social security, protection against discrimination, protection from forced labour, prohibited forms of work for children, pregnant women and breastfeeding women (section 2(6)). The Committee also refers to its previous comment on the application of the Employment Policy Convention, 1964 (No.122) concerning the impact of the programmes and measures implemented to facilitate the transition of workers from the informal to the formal economy. The Committee requests the Government to continue to provide information on the measures taken or envisaged to extend the functions of the system of labour administration to the categories of workers covered by Article 7, including in the informal economy.

Article 9. Delegation of labour administration activities to regional or local agencies. The Committee notes, from the information provided by the Government, that at the district level, labour inspectors are responsible for monitoring the implementation of the labour legislation. It also notes the Government’s indication that steering committees on child labour are present in all decentralized entities, including villages. The Government adds that the MIFOTRA is the competent national authority responsible for the supervision of these institutions. The Committee requests the Government to provide more detailed information on the reporting line of the steering committees on child labour and whether they have to provide regular reporting on their activities to the MIFOTRA. With regard to labour inspection, the Committee refers to its comment above under Article 4 of Convention No. 81.

Article 10. Human resources and material means of the labour administration. The Committee notes the information provided by the Government on the modalities of recruitment of the labour administration staff contained in the Presidential Order No. 128/01 of 3 December 2020 relating to the recruitment of public servants and induction programme. The Committee also notes that the Prime Minister’s Order No. 087/03 of 14 August 2020 determining mission, responsibilities, organizational structure, salaries and fringe benefits for employees provides for the structure, functions and responsibilities of the various staff of the labour administration. The Committee requests the Government to provide specific information on the measures taken to ensure that the staff of the labour administration system have the material and financial resources necessary for the effective performance of their duties. The Committee refers to its comment above on Articles 6 and 7 of Convention No. 81 and requests the Government to send detailed information on the status, conditions of service and further training of labour administration staff, including labour inspectors.