Draft and adopt legislation regulating teleworking (CI0031)

What is the public interest issue to be addressed by this commitment? The coronavirus pandemic overnight forced employers and workers to lockdowns, restrictive measures, with their share of disadvantages on the results of companies and services, namely, increased vulnerability, reduction of normal hours of work and job losses. Teleworking appeared to be a way of working to cope with these constraints. Unfortunately, it is not provided for in the body of law in our country. Therefore, it appears necessary to provide for legislation on teleworking, so that it can fill the void and prevent possible new unforeseen cases and / or exceptional circumstances.

What is the commitment? - Propose a draft ordinance instituting teleworking and supplementing the provisions of the Labor Code. - Propose a draft decree setting out the practical modalities for carrying out teleworking. In terms of results: Allow companies to face exceptional situations with the possibility of resorting to a more flexible mode of work organization. The commitment will consist of: - Transmit the proposed texts to the technical ministries involved; - Have the draft texts examined by the Tripartite Committee to Combat the Impact of Covid-19 on the World of Work - Have the draft texts examined by the Independent Permanent Consultative Commission (CIPC), a bipartite body of employers and workers; 25 - Consolidate and validate the texts in the Consultative Commission of Work (CCT), with a view to obtaining the final opinion of the social partners (employers and workers); - Transmit the draft texts to the General Secretariat of the Government. - Have the draft texts adopted by the National Assembly and the SENATE.

How will commitment contribute to solve the public problem? These texts, once adopted, will ensure business continuity and preserve jobs. Why is this commitment relevant to OGP values? Participation and inclusion: given the different committees that are consulted at each stage. Indeed, this commitment is also the result of the vision of the social partners (employers and workers) and of the Government.

Additional information The supervision of teleworking is linked to: - The National Development Plan 2016-2020 - The National Labor Policy - SDGs 1, 3, 5, 8, 10 & 16

Important activity having a verifiable deliverable Start date End date Transmission of proposals for texts regulating telework to the technical ministries involved January 2021 February 2021 Examination of draft texts by the Tripartite Committee for the fight against Covid-19 impact on Labor March 2021 April 2021 Examination of the draft texts by the Permanent Independent Consultative Commission (CIPC), a bipartite body of employers and workers May 2021 June 2021 Consolidation and validation of texts by the Consultative Labor Commission (CCT), with July 2021 July 2021 26 a view to obtaining the final opinion of the social partners (employers and workers) Transmission of draft texts to the General Secretariat of the Government October 2021 October 2021 Adoption of draft legislative and regulatory texts November 2021 December 2021

Action Plan Review

Commitment 6: Teleworking

Results Report

Commitment 6. Teleworking

● Verifiable: Yes

● Does it have an open government lens? Yes

● Potential for results: Modest

● Completion: Complete

● Did it open government? No early results to report yet

The teleworking commitment was seen as modest in the Côte d’Ivoire Action Plan Review. At the end of the implementation period, the commitment has been fully completed. A decree [15] was adopted on 12 January 2022 by the Council of Ministers to fix the modalities of implementation of teleworking for workers governed by the labour code. For this, a presidential order [16] was needed. Thus, teleworking is legally recognized in Côte d’Ivoire. The IRM researcher, despite several attempts and with the support of the Technical Committee, was not able to meet with the commitment holder to discuss implementation. Therefore, the IRM could not verify whether all the parties were involved in the elaboration of the texts that were adopted and published in the official gazette. Similarly, the IRM did not find evidence that the draft laws were reviewed by the various groups targeted in the action plan.

Discussion on teleworking took place between the government and the public. Telecommunications company MTN organized a panel in May 2022 with the Ministry of Work on ‘flexibility and equality in salaries for teleworking.’ At a National Human Resources Day workshop in Yamoussoukro in July 2022, telework was highlighted with human resource professionals in companies. [17]