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Labour Inspection Convention, 1947 (No. 81) - Lesotho (RATIFICATION: 2001)

Other comments on C081

Observation

Direct Request

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Labour law review. The Committee notes the Government’s indication that, during the reporting period, the Ministry of Public Service, Labour and Employment (MOPSLE) continued consultations on labour law reform to consolidate all laws relating to labour and employment. The Government adds that the revised legislation will offer protection to labour inspectors to carry out inspections in public and informal sectors. Referring to its previous comments, the Committee requests the Government to continue to provide information on the progress made with the review of the national labour legislation, and to supply a copy of the relevant legislative texts, once they have been adopted.

Article 3(1) and (2) of the Convention. Additional functions entrusted to labour inspectors. Following its previous comment, the Committee notes the Government’s indication that staff from the MOPSLE have been redeployed as assistant inspectors to perform conciliation functions. The Government further indicates that the labour inspectorate is working tirelessly to refrain from engaging in mediation. The Committee notes that during the reporting period, there were 1,154 reported disputes, 734 of which were resolved through mediation. The Committee also notes from the Government’s report that only 818 of the 1,400 targeted proactive labour inspections were conducted, and that limited resources contributed to many other constraints on labour inspection operations.

The Committee recalls that, pursuant to Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors, including mediation, shall not be such as to interfere with the effective discharge of those primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee requests the Government to take additional measures to have the labour inspectorate refrain from engaging in mediation, and to provide specific information on the number of MOPSLE officers engaged in mediation functions as assistant inspectors. It also requests the Government to provide information on any further involvement by labour inspectors in mediation, more specifically, by indicating the proportion of time and resources spent by labour inspectors on labour disputes, in comparison to those spent on the discharge of their primary duties, as defined under Article 3(1) of the Convention.

Article 5(b). Collaboration with employers and workers or their organizations. The Committee notes that a draft national labour policy had been prepared with the support of employers’ and workers’ organization. The Committee refers, however, to its recent comments on the application of the Labour Administration Convention, 1978 (No. 150), in which it noted that the development of the policy has been put on hold. Moreover, the Committee notes the Government’s indication that one obstacle impacting the labour inspection system is a lack of cooperation with employers’ and workers’ organizations. The Committee requests the Government to provide information on measures taken to promote collaboration between the labour inspectorate and employers and workers or their organizations.

Article 7(3). Training of labour inspectors. In reply to the Committee’s previous comments, the Government indicates that labour inspectors were trained for the effective performance of their duties to ensure compliance with national laws and international labour standards. In addition, the Government provides a list of training held between July 2016 and August 2017, including the subject of the training, number of participants and impact of the training. The Committee also notes the Government’s indication that there is a lack of a training manual and refresher courses for labour inspectors. The Committee requests the Government to provide detailed information on the content and duration of training opportunities, including any retraining and refresher courses, provided to labour inspectors, the number of inspectors that participated in training, the subjects covered, and the impact of training courses on the effective discharge of their duties. It also requests the Government to provide information on the development of a training manual for labour inspectors.

Articles 5(a), 17 and 18. Effective enforcement of sufficiently dissuasive penalties and cooperation with the justice system. With reference to the Committee’s previous comment on the filling of the vacant post of inspection manager, the Government indicates that the appointed labour inspection manager supervises the General Labour Inspection Unit. The Committee also notes that one of the challenges identified by the Government is the lack of an internal legal section for prosecution. Noting the absence of information in this regard, the Committee once again requests the Government to provide information on the progress made to establish sufficiently dissuasive penalties for the violation of labour legislation and to provide information on the number of violations detected and penalties imposed. The Committee also requests the Government to provide information on the number of cases referred to the prosecution office by labour inspectors and on the outcome of cases referred to the prosecutor, including specific violations found and sanctions imposed. It also requests the Government to indicate any measures adopted to address the lack of a legal section for prosecution in the labour inspectorate.