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Labour Inspection Convention, 1947 (No. 81) - Zimbabwe (RATIFICATION: 1993)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.
The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee also notes the observations made by the Zimbabwe Congress of Trade Unions (ZCTU) on the application of Conventions Nos 81, 129 and 150, received on 1 October 2020.

Labour Inspection: Conventions Nos 81 and 129

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Role of labour inspectors in labour disputes. In its previous comments, the Committee requested information on the measures taken to separate the functions of labour inspection and those of conciliation and mediation. The Committee notes that the Government indicates that it does not currently envisage the separation of the functions of labour inspection and those of conciliation and mediation due to current fiscal constraints. The Government adds that this is due to the fact that the separation of functions would require an increase in the number of labour inspectors and labour officers in order to effectively address issues throughout the country. The Committee also notes the Government’s indication that, once the economic situation improves, consultations on the separation of functions are expected to resume. The Committee requests the Government to provide information on the progress made with regard to measures taken to separate the functions of labour inspection from those of settlement of labour disputes, including the consultations undertaken and their results.
Articles 5(a), 7, 17 and 18 of Convention No. 81 and Articles 22 and 23 of Convention No. 129. Effective cooperation between the labour inspection services and the justice system, legal proceedings and enforcement of adequate penalties. The Committee notes the information provided by the Government, in reply to its previous request for information on the arrangements for cooperation between the labour inspection services and the justice system, that the National Social Security Authority (NSSA) initiated workshops for judges and magistrates in 2018 in order to inform them about the importance of occupational safety and health (OSH) and the presence of OSH laws, and to enhance cooperation between the NSSA, OSH inspectorate services and the judicial system. The Committee notes that the Government indicates that inspectors received training on legal prosecution and that it plans to carry out training and evaluation activities involving the police, the judiciary, the National Prosecuting Authority and officials from the Ministry of Public Service, Labour and Social Welfare, in order to improve understanding of issues related to the implementation of the work of the inspectorate. It further notes the Government’s indications that as of August 2020, 11 violations of OSH laws identified in factories were handed over for prosecution. The Committee requests the Government to continue to provide information on the activities carried out in practice to enhance cooperation between the labour inspection services and the justice system. It once again requests the Government to provide statistics on violations that are disaggregated by reference to the legal provisions involved (OSH, failure to pay wages on time, freedom of association, among other provisions). The Committee also requests the Government to provide statistics on follow-up action for all issues of non-compliance detected, including statistics on the outcome of the cases transmitted for prosecution, the number and nature of penalties imposed for violations of labour legislation and the amount of fines collected.
Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes the indications provided by the Government, in response to its previous request concerning the conditions of service of labour inspectors, that despite limited financial resources the Government has been constantly reviewing the salaries and benefits of public sector employees, as well as the provision of other non-monetary benefits to its employees. The Committee further notes that in its supplementary report, the Government indicates that despite the economic difficulties due to COVID-19, the Government has continued to engage workers in the public service, including inspectors, and has aimed to improve the salaries and benefits of public sector employees. In this regard, the Committee takes due note of the Government’s indications that in June 2020, the Government granted a non-taxable COVID-19 allowance to support inspectors during the lockdown period and that it has recently granted a 40 per cent salary adjustment. Welcoming the measures taken, the Committee requests the Government to continue to provide information on the measures taken or envisaged to further improve the conditions of service of labour inspectors.
Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors. In reply to the Committee’s previous request for specific information on training provided to labour inspectors responsible for the agricultural sector, the Government indicates that the National Employment Councils for the Agriculture Industry conducts training for its officers. The Committee requests that the Government provide information on training provided to labour inspectors, and particularly specific information on training of labour inspectors responsible for the agricultural sector, including detailed information on the number, subject matter, and duration of training sessions and information on training in relation to OSH.
Articles 11 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Material resources and coverage of workplaces by labour inspection. In its previous comment, the Committee noted the Government’s indication that a challenge facing effective labour inspection remained that of limited material resources, most notably motor vehicles and it requested information on the measures taken to improve the material means at the disposal of the labour inspection services. The Committee notes that the Government indicates that, due to limited financial resources, there have been few resources available for use by labour inspectors. It also notes the Government’s indications that in 2019, the Ministry requested more resources from the Treasury to be able to carry out efficient operations, including on labour inspections. It further notes the Government’s indication that as part of the 100-day rapid results programme that took place between April and July 2018, the Ministry of Public Service, Labour and Social Welfare inspected 1,001 workplaces. In addition, the Committee notes the information provided by the Government that as of September 2020, 2,636 factory inspections were conducted.
The Committee notes the ZCTU’s statement that the labour inspection system has been weak and proper workplace inspections have not been carried out for a long time. The ZCTU states that there have not been any improvements, and that there are still many violations relating to health and safety as well as the non-payment of the agreed minimum wages. The ZCTU further indicates that there is no efficient monitoring and enforcement system and that there is a lack of financial capacity to carry out the inspections. The Committee requests that the Government respond to the ZCTU observations. The Committee urges the Government to provide information on the measures taken to ensure that workplaces are inspected as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions. In this respect, it requests the Government to provide information on the progress made in relation to measures to improve the material means, particularly transport facilities, at the disposal of the labour inspection services. The Committee also requests the Government to continue to provide statistics on the number of labour inspection visits carried out and the number of workplaces and workers covered by these visits in the different sectors.
Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational accidents and diseases to the labour inspection. The Committee notes the Government’s indications, in response to its previous request on the manner in which occupational accidents and cases of occupational disease are notified to the labour inspection services, that under section 14(3) of the Factories and Works Act, every accident resulting in the employee's absence from work for three days or more shall be notified in writing to the Chief Inspector of Factories, as soon as possible after the accident in the manner and in the form prescribed. The Government adds that all notified accidents will be subsequently reported by the Chief Inspector to the Ministry of Public Service, Labour and Social Welfare each month. The Committee also notes the Government’s indications that under section 14(5) of the Factories and Work Act, medical practitioners who attend any person suffering from an occupational disease resulting from lead, phosphorus, arsenical or mercurial poisoning or anthrax are required to report the matter to the inspectorate in writing. It further notes the Government’s indication that section 48(2) of the Statutory Instrument 68 of 1990 requires the employer to notify the NSSA general manager of an accident within 14 days of the date of the accident and subsequently notify the inspectorate if there are reasonable grounds for investigation to determine whether the accident is compensable. The Committee requests the Government to provide information on any prescriptions established under section 14(3) of the Factory Act related to the form and manner of notification. It also requests the Government to provide information on any measures taken or envisaged to ensure the notification of all cases of occupational disease (in addition to those listed in section 14(5) of the Factories and Work Act).
Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate penalties for the violation of OSH provisions. The Committee notes the Government’s indications, in reply to its previous request concerning penalties for violations of the legal provisions on OSH, that the OSH Bill will address the issue by providing adequate penalties for the violation of OSH provisions. The Committee requests the Government to take the necessary measures to ensure that the legislation provides for adequate penalties for violations of legal provisions on OSH, and to provide information on the measures adopted, including the adoption of the OSH Bill.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Preparation of and transmission to the ILO of annual reports on the activities of the labour inspection services. The Committee notes with concern that no annual report on the work of the labour inspection services was received by the Office. However, it notes the Government’s indication that it is developing an Integrated Labour Market Information System that will be enable it to provide the required statistics. The Committee requests the Government to take the necessary steps to ensure that the labour inspection report is published in accordance with Article 20(1) of Convention No. 81 and Article 26(1) of Convention No. 129. It also requests the Government to ensure that the labour inspection report, containing all the information referred to in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, is transmitted to the Office on an annual basis.

Issues specifically concerning labour inspection in agriculture

Articles 14 and 21 of Convention No. 129. Number and powers of labour inspectors in agriculture. In its previous comments, the Committee requested the Government to provide information on its human resources strategy to ensure adequate coverage of workplaces in the agricultural sector by labour inspections. The Committee notes that the Government indicates that apart from the 120 government labour inspectors who conduct inspections in the agricultural industry, the National Employment Council (NEC) for Agriculture also conducts inspections throughout the country. It also notes that the Government indicates that the NEC for Agriculture has eight designated agents throughout the country. The Government indicates that between January 2019 and February 2020, the NEC carried out 342 labour inspections. Lastly, the Committee notes that the Government indicates that, with respect to the powers of labour inspectors related to OSH, the jurisdiction of inspectors under the Factories and Works Act is limited to factories and building works, leaving non-factory environments, such as agriculture, inadequately monitored. With reference to its comments in its Observation on Article 18 of Convention No. 129, the Committee requests the Government to provide further information on the measures it is taking to ensure the enforcement of the legal provisions related to safety and health in the agricultural sector.

Labour Administration: Convention No. 150

Articles 4 and 10 of the Convention. Organization, effective operation and coordination of the system of labour administration. Capacity of labour administration staff. In its previous comments, the Committee requested the Government to provide its comments in relation to the observations made by the ZCTU that the dispute resolution system continues to be cumbersome due in part to the shortage of personnel for dispute resolution and the poor remuneration paid to Government employees.
The Committee notes that the Government indicates, in response, that the new dispute resolution system proposed in the Labour Amendment Bill is expected to address the concerns of the ZCTU. The Committee also notes the Government’s indications, in reply to its previous request for information on the functioning of the dispute resolution system that, there are currently 113 public arbitrators, 58 of them housed in the Ministry of Public Service, Labour and Social Welfare and 55 in the Employment Councils. It further notes the Government’s indications that it has appointed 33 independent arbitrators and that the ongoing reform of labour law is expected to improve the current system. The Committee requests the Government to continue to provide information on the measures taken to strengthen the dispute resolution system, including any legislation adopted in this respect. In addition, the Committee requests the Government to provide information on the functioning of the dispute resolution system, including the number of cases pending and dealt with, the average length of the procedure until a decision is taken, and the outcomes.
Article 5. Promotion of effective consultation and cooperation between public authorities and bodies and employers and workers organizations. The Committee notes the Government’s indications, in response to its previous request on the measures undertaken to promote consultation and cooperation between public authorities and employers and workers organizations, that the Government adopted the Tripartite Negotiating Forum (TNF) Act in June 2019. The Government indicates that the social dialogue forum will improve dialogue, consultation and efficiency between the tripartite partners. The Committee also notes the Government’s indication that it convenes at least two National Employment Council symposiums on pertinent labour issues per year. The Government indicates that this allows for effective consultation and cooperation between employers’ and workers’ organizations. The Committee further notes the Government’s indications that the Zimbabwe Occupational Safety and Health Council, which is tripartite, has at least three meetings each year to ensure that the Government regularly consults with employers and workers organizations on OSH issues. In addition, the Committee notes the supplementary information provided by the Government indicating that since the enactment of the TNF Act, there has been a lot of engagement with social partners with a view to strengthening social dialogue in Zimbabwe. This includes a TNF Technical Committee meeting in October 2019 and the first of the TNF Technical clusters workshop in January 2020 to discuss pertinent issues including the operationalisation of the TNF. The Committee also notes the Government’s indications that despite the limitations from COVID-19 lockdown measures, the TNF has held a number of meetings virtually, mostly on matters to mitigate the challenges caused by the COVID-19 pandemic. It further notes the Government’s indication that most of the recommendations undertaken by the COVID-19 National Taskforce emanated from discussions of the TNF, including establishment of a fund to support vulnerable businesses; the protection of frontline and essential services workers; and the establishment of an unemployment benefits fund. Lastly, the Committee notes the Government’s indication that during the lockdown period, the Government incorporated social partners into labour inspections, which strengthened the tripartite engagement and social dialogue in the country. With reference to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Committee requests that the Government continue to provide information on the measures undertaken to promote consultation and cooperation between public authorities and employers and workers organizations.
Article 7. Gradual extension of the functions of the system of labour administration. Further to its previous comments in this regard, the Committee notes the Government’s indication that there are currently no plans to extend the functions of the system of Labour Administration to any of the categories listed in Article 7(a)–(d) of the Convention. The Committee requests the Government to continue to provide information on any developments in this respect.

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).
Articles 3(1)(a) and (b), 4 and 6 of Convention No. 81 and Articles 6(1)(a) and (b), 7 and 8 of Convention No. 129. Functions assumed by designated agents. In its previous comments, the Committee requested the Government to indicate whether the “designated agents” of the employment councils (which report to the Ministry of Public Service, Labour and Social Welfare) assume labour inspection functions as provided for in Article 3(1)(a) and (b) of Convention No. 81 and Article 6(1)(a) and (b) of Convention No. 129, or whether they assume exclusively other functions, such as the conciliation and mediation of labour disputes. The Committee notes that the Government indicates in its report that “designated agents” carry out functions of conciliation and mediation of labour disputes in their respective sectors, in addition to carrying out labour inspection functions. It also notes the Government’s indications that “designated agents” of employment councils derive their powers from section 63 of the Labour Act and exercise similar functions to those of labour officers, except that they operate only in one specific industry. The Committee requests the Government to provide information on the manner in which the labour inspectorate maintains supervision and control of the designated agents in their performance of labour inspection functions, in accordance with Article 4 of Convention No. 81 and Article 7 of Convention No. 129. It also requests the Government to provide specific information on the labour inspection powers and duties of these agents, the resources provided to them, the procedures for their recruitment and any training provided to them. Lastly, the Committee requests the Government to provide further information on the status and conditions of designated agents performing labour inspection functions (Article 6 of Convention No. 81 and Article 8 of Convention No. 129), including their conditions of job security and levels of remuneration in comparison to job security and remuneration for other employees performing labour inspection functions, and how it is ensured that the status and conditions of service of designated agents are such as to guarantee their independence from any improper external influence.
Article 13 of Convention No. 81 and Article 18 of Convention No. 129. Preventive measures by labour inspectors with immediate executory force. The Committee previously noted that the Factories and Works Act gives partial effect to Article 13 of Convention No. 81, and noted the Government’s indication that the proposed Occupational Safety and Health (OSH) Bill would explicitly provide inspectors with immediate executory powers to stop work where there is imminent danger to the worker. The Committee notes that, in reply to its previous request, the Government once again refers to certain provisions of the Factories and Works Act relating to the powers of inspectors (sections 5(6), 6 and 19(1)(a) and (b)) and states that the jurisdiction of inspectors under this Act is limited to factories and building works, leaving a gap with respect to non-factory environments, such as agriculture. The Government adds that the OSH Bill seeks to extend inspectors’ mandate to cover all workplaces. The Committee further notes that, according to the supplementary information provided by the Government, the OSH Bill has been submitted to the Cabinet Committee on Legislation for consideration. The Committee requests the Government to pursue its efforts to give full effect to Article 13(2)(b) of Convention No. 81 and Article 16(2)(b) of Convention No. 129, to empower inspectors to make orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers in all sectors, and to provide examples of instances when factory inspectors have undertaken preventive measures with immediate executory force, including but not limited to issuing prohibition notices, or ordering work stoppages. While welcoming the indication of progress on the OSH Bill, the Committee notes that the Government has been referring to the proposed or upcoming OSH Bill for a number of years; the Committee trusts that the Government will soon be in a position to provide specific information on the adoption of the OSH Bill.

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In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.
The Committee notes the observations made by the Zimbabwe Congress of Trade Unions (ZCTU) received on 1 September 2016 indicating that labour inspection remains a challenge and the ZCTU has not seen any improvement in this respect.
Articles 3(1)(a) and (b) and 6 of Convention No. 81 and Articles 6(1)(a) and (b) and 8 of Convention No. 129. Functions assumed by so-called “designated agents” and their status and conditions of service. In its previous comment, the Committee noted that, according to the Government, the so-called “designated agents” of the employment councils (which report to the Ministry of Labour) have authority to discharge both enforcement and advisory functions. In reply to the Committee’s request for clarification concerning the criteria for the distribution of functions between the Ministry officers and “designated agents”, the Government indicates that the “designated agents” assume enforcement and advisory functions in sectors for which they are registered, while labour officers exercise these functions in all sectors. The Committee also notes from the statistical information provided by the Government that there are currently 86 so-called “designated agents” working at the different employment councils.
Concerning the Committee’s previous request to provide information on the regulations governing the conditions of service of the “designated agents”, the Committee notes the Government’s indication in its report that the conditions of service of the “designated agents” differ because they are negotiated as individual contracts with the employment councils concerned. In this context, the Committee also notes the observations made by the ZCTU that no regulations exist that govern the conditions of service of the “designated agents”. The Committee requests that the Government provide further clarification on whether the “designated agents” assume functions as provided for in Article 3(1)(a) and (b) of Convention No. 81 and Article 6(1)(a) and (b) of Convention No. 129, or whether they assume exclusively other functions, such as the conciliation and mediation of labour disputes (Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129).
Articles 3(1)(b) and 13 of Convention No. 81 and Articles 6(1)(b) and 18 of Convention No. 129. Preventive measures by labour inspectors with immediate executory force. In reply to the Committee’s request to specify the measures with immediate executory force in the event of imminent danger to the health or safety of the workers, the Government indicates that in practice, that labour inspectors have issued prohibition notices in the event of imminent danger to workers. However, the Committee notes that the Government has not provided the requested statistical information in this regard. The Committee further notes from the Government’s report that the Factories and Works Act gives partial effect to Article 13, and that the proposed Occupational Safety and Health (OSH) Act will explicitly provide inspectors with immediate executory powers to stop work where there is imminent danger to the workers. The Committee requests that the Government indicate the legal provisions giving effect to Article 13 of Convention No. 81 and Article 18 of Convention No. 129, and to provide a copy of the new OSH Act once it is adopted. It once again requests that the Government supply statistics relating to the steps that were ordered with immediate executory force.
Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Role of labour inspectors in labour disputes.  In its previous comment, the Committee noted the Government’s indication that the separation of the functions of labour inspection from those of conciliation and arbitration continued to be discussed in the ongoing labour law reform process. The Committee notes the Government’s indication, in reply to the Committee’s request on the progress made in this regard, that following tripartite discussions, the Government is convinced that the separation of labour inspection and conciliation and arbitration functions can be done administratively without legislative reform, even though consultations on this subject are ongoing. In this respect, the Committee also notes the observations made by the ZCTU that the fact that labour inspectors continue to undertake conciliation and arbitration functions, namely the function of employment dispute resolution, comes at the expense of labour inspection functions. The Committee requests that the Government continue to provide information on the measures taken for the separation of functions of labour inspection and those of conciliation and mediation, through legislative changes and/or the reorganization of the labour administration services in practice.
Articles 5(a), 7, 17 and 18 of Convention No. 81 and Articles 22 and 23 of Convention No. 129. Effective cooperation between the labour inspection services and the justice system, legal proceedings and enforcement of adequate penalties. In its previous comment, the Committee noted the Government’s indication concerning the training that has been provided since 2011 to labour inspectors in the area of freedom of association and collective bargaining under the ILO technical assistance package. This training is provided to facilitate the prosecution of offenders through the justice system, over and above the usual remedial mechanisms of conciliation and arbitration. The Committee notes that the Government refers, in reply to its previous request concerning the measures taken to improve the system for preventing and punishing breaches of labour law, to the preventive activities that were undertaken in the area of OSH, but does not provide the requested information on enforcement activities.
In this context, the Committee nevertheless notes the Government’s information provided in its report under the Labour Administration Convention, 1978 (No. 150), that the Labour Court has been strengthened, including through the enhanced status of labour court judges (with their functions and appointments now being provided for in the Constitution), and the increase in the number of labour court judges from nine to 15. While the Government adds that the powers of the Labour Court have been reviewed, the Committee also notes that the ZCTU, in its observations made in relation to Convention No. 150, indicates that the Labour Court still has no powers to enforce its own decisions, which first have to be submitted to the Magistrate Court or High Court for registration. The Committee also notes the observations made by the ZCTU under Convention No. 81 concerning the existence of widespread wage arrears and the absence of information on any prosecutions undertaken in this regard, a situation which in the view of this trade union, an effective labour inspection system could resolve or prevent. The Committee requests that the Government provide information on the arrangements in practice for cooperation between the labour inspection services and the justice system (including the training of labour inspectors on legal proceedings, the training of judges on the functions of the labour inspectorate, and the regular sharing of information, particularly on the outcome of cases, among other things). The Committee also requests that the Government provide detailed statistics on the number of violations detected and the penalties imposed, aggregated by reference to the legal provisions concerned (occupational safety and health, failure to pay wages on time, freedom of association, among other things), and information on the enforcement of decisions made by the Labour Court, as well as the collection of fines for labour law violations.
Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes that in reply to its previous request on the measures proposed by the Government to gradually improve the conditions of service of labour inspectors, the Government states that it still intends to improve the conditions of labour inspectors, but that no changes have been introduced due to the limited financial resources available. The Government indicates however that after ten years of service, Principal Labour Officers may now be promoted to Chief Labour Officers. The Committee requests that the Government continue to provide information on any measures envisaged to gradually improve the conditions of service of labour inspectors.
Articles 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors. In reply to the Committee’s previous request for information concerning ongoing training activities, the Government refers to a training workshop on labour inspection held in August 2016 for 50 participants as well as to the distribution of a standardized inspection form to all labour officers. Concerning the training of labour inspectors in agriculture, the Committee notes the observations made by the ZCTU that, except for the induction of training for newly recruited labour officers in 2015, the ZCTU is not aware of any specific training in this regard. Recalling the specific risks that workers face in the agricultural sector, particularly in relation to OSH, the Committee requests that the Government provide specific information on the training provided to labour inspectors responsible for the agricultural sector.
Articles 11 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Material resources and coverage of (agricultural) workplaces by labour inspection. In its previous comment, the Committee noted the Government’s indication that the major challenge facing effective labour inspection remained that of limited material resources, most notably motor vehicles. In response to its previous request concerning the measures taken to improve this situation, the Committee notes the Government’s indication that while there are limited financial resources available to acquire more vehicles for labour inspectors, administrative arrangements are in place (such as joint inspection visits with other government agencies) to improve mobility. In response to its previous request concerning the measures taken to overcome the lack of technical equipment, which according to the indications made by the Government in its 2011 report impeded inspections in the area of occupational safety and health (OSH), the Committee notes that the Government now indicates that OSH inspectors are adequately resourced in terms of offices and technical equipment to exercise their inspection duties. Concerning the coverage of workplaces by labour inspection, the Committee also notes the information provided by the Government in reply to the Committee’s previous request on the criteria used for determining priorities for labour inspection, namely the number, geographical situation and economic sector of workplaces. The Committee also notes the observations made by the ZCTU that labour inspectors remain under-resourced with limited equipment and transportation. While noting the information concerning the efforts undertaken to improve the mobility of labour inspectors through administrative arrangements, the Committee requests that the Government continue to provide information on the measures taken to improve the material means, particularly transport facilities, at the disposal of the labour inspection services to ensure that workplaces are inspected as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions.
Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational accidents and diseases to the labour inspection services. The Committee notes that the Government has not provided a reply in relation to its previous request concerning the manner in which the labour inspection services are notified of occupational accidents and diseases (such as through a requirement on employers to directly notify the labour inspection services or, for example, through notifications to the labour inspection services by the National Social Security Authority (NSSA) which collects and publishes these statistics on an annual basis, among other things). The Committee therefore once again requests that the Government provide information on how the labour inspection services are notified of occupational accidents and cases of occupational disease, as required by the abovementioned Articles of Conventions Nos 81 and 129.
Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate penalties for the violation of OSH provisions. In its previous comment, the Committee noted the Government’s indication that the penalties in the Factories Act (Chapter 14:08) included imprisonment, but that these penalties were in general not considered to be sufficiently dissuasive. In this respect, the Committee notes the Government’s reiterated indication that the new OSH Act will include adequate penalties for violations of OSH provisions. The Committee requests that the Government provide information on the progress made with the introduction of adequate penalties for violations of the legal provisions on OSH and provide a copy of the new OSH Act once it has been adopted.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Preparation of and transmission to the ILO of annual reports on the activities of the labour inspection services. The Committee notes that, once again, no annual report on the work of the labour inspection services was received by the Office. However, the Committee notes that the Government has communicated a number of inspection statistics in its report (including on the staff of the labour inspection services, that is 120 labour officers and 34 factory inspectors, the number of workplaces liable to inspection (87,749 workplaces)) and the sectors concerned, as well as the number of inspection visits carried out in the area of OSH (including in the agricultural sector). It notes that some of the statistical information as required under Conventions Nos 81 and 129 is missing, including on the number of workers employed in the abovementioned workplaces (Article 21(c) and 27(c)), the number of inspection visits in areas other than OSH (Articles 21(d) and 27(d)), on the number of violations detected and the penalties imposed (as required by Articles 21(e) and 27(e)), and statistics of occupational accidents and diseases (as required by Articles 21(f) and (g) and 27(f) and (g)).
In response to the Committee’s request to provide information on the progress made with the implementation of the project on labour administration referred to in its last report, the Government indicates that it is still awaiting support for the implementation of a computerized labour inspection system in two of the ten provinces, and that it would welcome technical assistance from the ILO in collecting and compiling data, and in drafting and publishing annual reports. In this context, the Committee also notes the observations made by the ZCTU that statistics of inspected workplaces are not made available. Noting that many of the statistics to be included in annual reports on the work of the labour inspection services (in agriculture) are already available, the Committee requests that the Government make every effort to ensure that the central labour inspection authority prepares, publishes and communicates to the ILO, annual labour inspection reports containing information on all the subjects listed in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129. It reminds the Government that technical assistance from the ILO in collecting and compiling data for the preparation, drafting and publication of an annual report on the work of the labour inspection services, in accordance with Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. The Committee reminds the Government that it may avail itself of ILO technical assistance.

Issues specifically concerning labour inspection in agriculture

Articles 6(1)(a) and (b), 17, 18 and 19(2) of Convention No. 129. Labour inspection functions in the area of OSH. In its previous comment, the Committee noted the Government’s information concerning the progress made in amending the national OSH legislation (including tripartite discussions and the work on a preliminary draft) so as to extend its application to all sectors of the economy including agriculture, thereby also extending the scope of labour inspection. In this regard, the Committee notes the Government’s indication that the principles concerning the proposed amendments to the OSH legislation are currently under consideration by the Cabinet. While the Government notes the Government’s indication that the proposed extension of the scope of application of the OSH Act will enable the NSSA to formally extend its inspection functions to this sector, the Committee notes from the statistics communicated in the Government’s report that the NSSA has already carried out inspection visits in agriculture (165 in 2015). In this context, it notes from the statistical information provided by the Government that 11 per cent of all workplaces in the country are located in agriculture. The Committee requests that the Government continue to provide information on the progress made with the amendments to the national OSH legislation and to provide a copy of the relevant legislation as soon as it has been adopted.
Articles 14 and 21 of Convention No. 129. Number and capacities of labour inspectors in agriculture. The Committee recalls from its previous comment that the Government indicated that the major challenge to effective labour inspection in agriculture was the limited number of labour inspectors allocated to this sector, especially during the seasonal peak periods. In this respect, the Committee notes the Government’s indication that due to limited financial resources, there have been no additional appointments of labour inspectors in the agricultural sector, but there has been a deliberate “decentralization” of labour inspector officers in major agricultural areas. The Committee requests that the Government provide information on its human resources strategy to ensure adequate coverage of workplaces in the agricultural sector by labour inspections.

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The Committee refers the Government to its observation, and wishes to raise the following additional points.
Articles 3(1), 11 and 16 of the Convention. Inadequate material resources available to labour inspectors for the performance of their duties. With reference to its previous comments, the Committee notes that, according to the Government, the major challenge facing effective labour inspection remains that of limited material resources, most notably motor vehicles. The Government adds that in those cases, where inspection is carried out, use of collected data is limited by the non-existence of a labour market information system. The Committee nonetheless notes with interest, that according to information supplied in the report, the Government received seed funding from the Office under a labour administration (inspection) project that seeks to develop a labour inspection toolkit for Zimbabwe and to pilot a computerized labour inspection model in two of the country’s ten provinces. The Committee requests the Government to provide detailed information on the progress of this project, particularly the development of a labour inspection toolkit and the implementation of a computerized labour inspection model in two provinces. The Government is likewise asked to provide information on the initial results of the implementation of this project on the functions of labour inspectors as defined in Article 3(1) and Article 16 of the Convention, and particularly on workplace inspections. It would also be grateful if the Government would send information on the measures taken, including in the context of the abovementioned project, in order to: (a) remedy the lack of transport facilities and provide labour inspectors with the facilities they need to perform their duties, particularly that of inspecting workplaces as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions, in accordance with Article 16 of the Convention; (b) provide labour inspectors, particularly those responsible for occupational safety and health, with the office and technical material and equipment they need in order to perform their duties effectively.
Article 6. Status and conditions of service of labour inspectors. With reference to its previous comments, the Committee notes the Government’s intention to take steps to improve the well-being and working conditions of labour inspectors. It points out in this connection, as it does in paragraph 204 of its 2006 General Survey on Labour Inspection, that it is vital that levels of remuneration and career prospects of inspectors be such that high-quality staff are attracted, retained and protected from any improper influence. The Commitee accordingly repeats its request to the Government to keep the Office informed of any measures taken in practice to gradually improve the conditions of service of labour inspectors. It would, furthermore, be grateful if the Government would provide details of the regulations and conditions of service governing the designated agents of the Employment Councils.
Article 7(3). Training of labour inspectors. The Government indicates, in reply to the Committee’s comments, that under the ILO technical assistance package, the Ministry of Labour held two training workshops in 2013 for labour inspectors on freedom of association and collective bargaining. Some 80 inspectors received training on conciliation, arbitration, freedom of association and collective bargaining. The purpose of the training is to build the capacity of labour inspectors in the course of their work through a deeper understanding of the structures and processes of collective bargaining and the consultative and dialogue processes necessary to give effect to the relevant Conventions. Labour inspectors should be able to undertake more comprehensive labour inspections covering both conditions of work and the normative aspects concerning collective bargaining and freedom of association. The Government nonetheless indicates that it is still too early to fully evaluate the impact of the training on the ground. The training seminars organized for various labour practitioners under the ILO technical assistance package since 2011 have included sensitization on how labour inspectors can use the existing legal framework to facilitate the prosecution of offenders through the justice system, over and above the usual remedial mechanisms of conciliation and arbitration. The Committee requests the Government to continue to provide information on the ongoing training activities provided to labour inspectors, specifying their frequency, the trainers, the number of participants, the subjects covered and their duration. It would also be grateful if the Government would provide a copy of the plan for the training of labour inspectors for the period covered by the next report.
Article 10. Numbers of labour inspectors. The Committee notes with interest the information sent by the Government to the effect that, despite the difficulties it is currently facing, Ministry of Labour inspectors are posted in all provinces while the National Social Security Authority (NSSA) inspectors operate in all provinces of the territory. The Committee requests the Government to keep the Office informed of all developments in the strength of the inspectorate staff and its distribution.
Article 14. Notification to the labour inspectorate of occupational accidents and cases of occupational disease. The Government indicates that all employers, including in the agricultural sector, are required to report to and notify the NSSA of any industrial accident and cases of occupational disease, in accordance with Statutory Instrument 68 of 1990 on Accident Prevention and Workers Compensation, sections 47 and 48. The Committee requests the Government to specify whether labour inspectors likewise receive notification of occupational accidents and cases of occupational disease.

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Articles 3(1)(a) and (b), 4 and 5(b) of the Convention. Delegation of inspection duties and supervision of the labour inspection system by a central authority. The Committee notes that in reply to its previous comments the Government indicates that the Ministry of Labour, which is the central labour inspection authority, is vested with administrative powers to inspect the operations of all labour market institutions including the employment councils, which have “designated agents”. The “designated agents” exercise delegated authority pursuant to section 63 of the Labour Act, as amended. The Employment Councils submit quarterly reports to the Ministry of Labour for purposes of supervision. Ministry officials and employment councils’ “designated agents” have authority to discharge both enforcement and advisory functions. In the case of the National Social Security Authority (NSSA), these functions are nonetheless differentiated. There are 31 NSSA occupational safety and health (OSH) inspectors with enforcement powers, and they are located in all the NSSA regional centres in Harare, Bulawayo, Gweru, Mutare, Masvingo and Chinhoyi. There are 25 NSSA OSH promotion officers performing advisory functions, who are also located in all the NSSA regional centres. Joint inspection visits are organized between OSH officers, “designated agents” and Ministry of Labour officials. Furthermore, where one inspector comes across apparent violations that require the intervention of competencies of other inspectors, information is shared accordingly, resulting in follow-up inspections. The Committee requests the Government to specify the criteria used in distributing enforcement and advisory functions between labour inspectors and “designated agents”, and to provide figures showing such distribution.
Articles 3(1)(b) and 13. Prevention functions of labour inspection. The Committee notes that in reply to its comments, the Government indicates that through its OSH division, the NSSA carries out a number of preventive activities, namely: inspection activities where OSH legislation is enforced; OSH promotion and training; provision of technical guidance at workplaces on the establishment of occupational health services; and targeted OSH research in high-risk sectors, etc. Furthermore, an in-house journal on OSH is published about three times a year and distributed to industry. The Government undertakes to supply statistics relating to the number of measures with immediate executory force in due course. The Government indicates that in 2012 the NSSA carried out 4,285 inspections, mainly in factories, and that 652 boiler inspections were conducted, including in the agricultural sector. In addition, 2,120 workplace assessments were carried out in the form of audits, and 774 surveys, 202 seminars and 35 training programmes were conducted in an effort to promote OSH in all industrial sectors. The Committee requests the Government to specify the measures with immediate executory force that inspectors are empowered to take or to order if necessary, through the competent authority in the event of imminent danger to the health or safety of the workers, in accordance with Article 13(2)(b) of the Convention, and to provide the ILO with a copy of any relevant legal texts. The Committee also hopes that the Government will not fail to provide figures pertaining to the measures taken during the period covered by its next report.
Article 3(2). Role of labour inspectors in labour disputes. With reference to its previous comments, the Committee notes that, according to the Government, the legislative process necessary for the separation of the roles of labour inspectors and conciliators and arbitrators is still ongoing, and that the principles to govern the labour law reform process are being discussed. The Committee would be grateful if the Government would keep the Office informed of progress made in separating the functions of labour inspection from those of conciliation and arbitration.
Articles 5(a), 17 and 18. Effective cooperation between the labour inspection system and the justice system, legal proceedings and enforcement of adequate penalties. In reply to the Committee’s comments, the Government indicates that the training seminars provided for labour practitioners under the ILO Technical Assistance Package since 2011 have included labour inspectors, labour court presidents and high court judges. The training includes awareness raising on the way in which labour inspectors can use the existing legal framework to facilitate the prosecution of offenders through the justice system, over and above the usual remedial mechanisms of conciliation and arbitration. The Government mentions that in 2011, there were 51 prosecutions in the area of OSH, 20 of which involved fatalities, while in 2012 there were 48 such prosecutions, 25 of which involved fatalities. The applicable penalties range from level 3 to level 9 and offenders can face penalties of imprisonment ranging from one month to two years pursuant to the Factories Act (Chapter 14:08). It is felt that these penalties are not sufficiently dissuasive and the Government states that the new OSH law is expected to remedy this. Since there are no statistical data on the enforcement of sanctions at the moment, the Government expects that the recently adopted project on labour administration, with its section on labour inspection, will be able to contribute to the collection of such statistics. The Committee requests the Government to send detailed information on any other measures taken, in accordance with Articles 17 and 18 of the Convention, to improve the machinery for preventing and punishing breaches of labour law. The Committee further asks the Government to provide information on any measures taken or envisaged to ensure that adequate penalties for violations of the legal provisions on OSH are included in the relevant legislation and enforced, and to provide, when applicable, copies of any new legal provisions adopted in this area.
Articles 20 and 21. Preparation of and transmission to the ILO of an annual report on the work of the labour inspection services. In reply to the Committee’s comments, the Government reiterates that it is unable to supply comprehensive statistical information on the activities undertaken, due to the non-existence of a labour market information system. The Committee notes, however, from information available at the office that the Zimbabwe National Statistics Agency (ZIMSTATS) has received ILO technical assistance for the preparation of the 2014 labour force survey, and that the Ministry of Labour likewise receives assistance for the printing of its annual labour market bulletin. The Government furthermore indicates that the currently available registers are compiled at sectoral level by the employment councils, while the NSSA keeps a separate register for purposes of OSH as required by the Factories Act. Consultations are under way with a view to consolidating the separate registers, and progress in this regard will be reported. The Government states that reported occupational accidents and diseases are collated into various economic sectors and published yearly in a statistical booklet by the NSSA. The Government nonetheless indicates that the major challenge in this area is the limited information on occupational diseases due to limited awareness, which is an obstacle to the recognition of such diseases. The Government nonetheless hopes that the new OSH laws will provide guidance and strengthen the national capacity to collect occupational disease data in all economic sectors. The Committee draws the Government’s attention to the practical guidelines published by the ILO in 1996, Recording and notification of occupational accidents and diseases, to which it referred in its general observation of the same year. The Committee would be grateful if the Government would in any event provide in its next report the information available through the registers compiled by the employment councils and the NSSA, on the number, activities and geographical distribution of industrial and commercial workplaces subject to supervision by the labour inspectorate; and the number and categories of workers employed in them (for example, men, women, young persons). Please also provide any other information required by the competent authority to evaluate the labour inspectorate’s needs for human and material resources, facilities and means of transport, necessary for determining priorities for action, taking into account the country’s economic circumstances. It also reminds the Government that it may, should it so wish, seek technical assistance from the ILO in collecting and compiling data for the preparation, drafting and publication of an annual report on the work of the labour inspection services, in accordance with Articles 20 and 21 of the Convention.
The Committee raises other points in a request addressed directly to the Government.

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Articles 3(1) and (2), 5(a), 7 and 18 of the Convention. Strengthening of the primary functions of the labour inspection system and cooperation with the justice system. With reference to its previous comments, the Committee notes with interest the Government’s statement that it has taken measures to introduce tripartite discussions on the structural separation of the functions of the labour inspectorate from the functions of conciliation and arbitration in the context of the ongoing labour law reform. According to the Government, this is a first step in the process of strengthening the function of the labour inspectorate within the framework of the ILO Technical Assistance Package which was launched in August 2010 for the implementation of the Recommendations of the Commission of Inquiry appointed under article 26 of the ILO Constitution to examine the observance by the Government of Zimbabwe of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). The Committee also notes with interest in the report under the Labour Inspection (Agriculture) Convention, 1969 (No. 129), that the Government has engaged in discussions with labour inspectors in provincial levels with a view to identifying the challenges that hamper labour inspection.
The Committee further notes with interest that under the ILO technical assistance package, training is provided to members of the Judicial Services Commission including the Labour Court and Magistrates’ Court as well as labour inspectors on ILO Conventions on Freedom of Association and Collective Bargaining. Furthermore, a workshop was organized to discuss the comments of the Committee on the application by Zimbabwe of the Weekly Rest (Industry) Convention, 1921 (No. 14) so as to keep labour inspectors well informed of the relevant developments and to be in a position to come up with remedial action where challenges are identified.
The Committee requests the Government to provide information on the progress made in identifying the obstacles that hamper labour inspection and the measures taken or envisaged to address them in the framework of the ILO Technical Assistance Package. In this context, the Committee would be grateful if the Government would keep the ILO informed of progress made in separating the functions of labour inspection from those of conciliation and arbitration. Furthermore, the Committee would be grateful if the Government would provide details on the training provided to labour inspectors and indicate in particular, the issues addressed, the duration, the number of participants as well as the impact of the training on the effective discharge of the functions of the labour inspection, including with regard to freedom of association. The Government is also requested to indicate any further steps taken to reinforce the cooperation between the labour inspection and the justice system and the impact of such cooperation on the level of enforcement of legislation concerning the conditions of work and the protection of workers, including in the area of freedom of association.
In particular, while noting the information provided by the Government on the fines applicable for violations of the Labour Act, the Committee requests the Government to provide statistical data on the effective enforcement of such sanctions by the justice system.
Articles 4, 5(b), 6, 10, 11, 17 and 18. Functioning and supervision of the labour inspection system. The Committee notes that in reply to its previous comments concerning the composition, distribution and conditions of service of labour inspectors, the Government indicates that 96 labour officers carry out inspections on general conditions of work, and 31 inspectors from the National Social Security Authority carry out inspections on occupational safety and health (OSH). The Government provides information on the geographical distribution of the two inspection services and specifies that they are distributed in a complementary manner so as to make at least one of them available in each province.
The Government indicates that, in addition to the labour inspectors who are public officials with authority under the Labour Act to carry out inspection functions, complementary inspection functions are carried out in accordance with section 63 of the Labour Act by designated agents of employment councils. The latter are bipartite bodies set up by employers and their organizations and trade union organizations. The Government indicates that measures have been taken to ensure that all of the 12 employment councils in the country have designated agents so that they can carry out inspection functions. In its report under Convention No. 129 the Government clarifies that the labour inspection functions of the designated agents are of a consultative and tripartite nature as they are exercised under delegated authority from the Ministry.
According to the Government, even though the salaries of the inspectors have been substantially increased following the introduction of a multiple currency system by the Government in February 2009, their conditions of service are in need of significant improvement in order to address the high turnover of labour inspectors. In addition, facilities such as motor vehicles, stationery and communication technologies are generally inadequate and the lack of technical equipment for OSH inspectors impedes their activities. According to the Government’s report on Convention No. 129, the abovementioned “designated agents” have better conditions of service, characterized by competitive salaries and the relative availability of tools for the labour inspection including motor vehicles. The Government indicates that it has undertaken to remedy this situation as the economy recovers.
While recalling from its previous comments the need to ensure an effective and efficient labour inspection system with the support of the social partners, the Committee also recalls that according to Article 4 of the Convention, labour inspection should be placed under the supervision and control of a central authority and that the enforcement powers foreseen in Articles 17 and 18 of the Convention should be the exclusive prerogative of labour inspectors and the justice system. The Committee also emphasizes the need to ensure that the status and conditions of service of the labour inspectors are such that they are assured of stability of employment and are independent of changes of government and of improper external influences as provided for in Article 6.
The Committee requests the Government to indicate the manner in which the central labour inspection authority maintains supervision and control of the labour inspection system in its entirety and to specify the conditions and modalities under which it collaborates with designated agents of employment councils (including the manner in which it delegates powers and supervises their activities). The Government is also requested to provide clarifications and statistical data on the distribution of enforcement and advisory functions (Articles 3(1)(a) and (b)), between the labour inspectors and the designated agents of employment councils as well as on the practical aspects of their collaboration.
The Committee requests the Government to indicate the steps taken or envisaged in order to gradually improve on the conditions of service of labour inspectors as well as the material facilities at their disposal and to ensure, as soon as the financial situation of the country will allow it, that both categories of inspectors (on general conditions of work and OSH) are progressively posted in all provinces so as to cover the entire territory.
Articles 3(1)(b), 13, 14, 16, 20 and 21. Data on the activities of the labour inspection system to publish an annual labour inspection report. While the Government communicates sample documents on the results of inspection visits and the investigation of industrial accidents, it indicates that it faces significant challenges in terms of compilation of labour inspection statistics due to the non existence of a labour market information system. The Government also indicates that despite its appeal, ILO technical assistance has not been provided in this regard.
The Committee considers that a labour market information system would allow, to a large extent, the labour inspection central authority to publish an annual labour inspection report in conformity with Articles 20 and 21 of the Convention. As stressed in its general observation of 2011, 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. Moreover, with reference to its general observation of 2009, the Committee emphasizes that the elaboration of a register of workplaces liable to inspection and workers employed therein is an important tool for the central authority to assess the relationship between the activities carried out and the resources available, especially for the development of a human resources policy that takes into account merit and motivation.
The Committee expresses the hope that the technical assistance of the ILO in relation to the elaboration of a labour market information system will be provided without delay and that progress will be reported by the Government in its next report in relation to the steps taken for the establishment of a register of industrial and commercial workplaces liable to labour inspection and the number of workers covered.
With reference to Articles 16, 17, 18 and 21(d)–(e) of the Convention, the Committee requests the Government to provide information on the number of inspection visits (both programmed and pursuant to complaints), the number of violations detected with reference to the legal provisions and economic sectors concerned, as well as the number of notices served and cases brought to the justice system.
With reference to Articles 14 and 21(f)–(g), the Committee also requests the Government to describe the mechanism in place for the recording and notification of industrial accidents and cases of occupational disease and to communicate relevant statistical data.
Finally, the Committee would be grateful if the Government would indicate the preventive activities carried out by the labour inspectorate in the area of OSH in conformity with Articles 3(1)(b) and 13, and to indicate in particular the number of measures with immediate executory force issued by the labour inspection during the reporting period.

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Also referring to its observation, the Committee draws the Government’s attention to the following issues.

Articles 3(1)(a) and 19 of the Convention. Method of supervision applied during visits to workplaces subject to inspection and reporting to the central authority. In its report the Government indicates that it will provide the previously requested completed samples of inspection forms in due course. The Committee once again requests the Government to transmit completed samples of inspection forms indicating the action taken by labour inspectors where violations have been identified, and to specify the manner in which, and how often, the central inspection authority is informed of the supervisory activities of the inspectors and the action taken thereon.

Article 3(2). Further duties entrusted to labour inspectors. The Government indicates that the separation of the duties of labour inspectors from those of conciliators will be considered in the context of the labour law reform process which is under way. The Committee recalls from its previous comments its opinion that labour inspectors retain a too important role in the overall procedure for dispute settlement. In the current context of resource constraints, such additional duties certainly obstruct the effective discharge of the primary duties conferred on them in accordance with Article 3(1). The Committee once again urges the Government to ensure that labour inspectors are no longer entrusted with conciliation duties, either in law or in practice, and to keep the Office informed of progress made in this regard in the framework of the labour law reform which is under way, in particular as concerns the project to create a body of adjudicators of labour disputes.

Article 13. Powers of injunction of labour inspectors. With reference to the Committee’s previous comments in this regard, the Government indicates that the powers of inspectors are sufficiently wide to include direct injunctions where the health, safety and life of workers is endangered. The Committee once again observes that according to section 6 of the Factories and Works Act, inspectors are entitled to serve injunctions directly on employers where they find the workers’ health to be at risk, only if it is established that the authority to which they are required to notify defects has not taken the necessary steps to eliminate them or to punish the employer in question. The legislation therefore does not provide that measures with immediate executory force may be ordered either directly by the inspectors or, on their recommendation, by the competent authority in the event of imminent danger to the health or safety of the workers. The Committee once again requests the Government to take all necessary measures to supplement the legislation to this effect, in accordance with Article 13(2)(b), including, if necessary, by means of instructions of a regulatory or administrative nature to labour inspectors, to keep the ILO informed of any progress in this respect and to provide copies of any relevant texts.

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Articles 6, 10 and 11 of the Convention. The Committee notes that in its brief report received on 21 December 2009, the Government is confined to indicating that the information previously requested by the Committee on the composition and conditions of service of labour inspection staff and the material resources made available to them, is being collected and will be communicated in due course. It also notes the comments made by the Zimbabwe Congress of Trade Unions (ZCTU) in communications dated 29 August 2008 and 21 September 2009 in relation to the scarcity of human and material resources which obstructs the effective exercise of the functions of the labour inspection system. It notes that the Government confirms in its report that resource constraints have hampered the inspection service owing to economic challenges. The Committee also notes that the ILO is to provide a technical assistance package in the areas to be identified by the Government and the social partners. The Committee once again requests the Government to provide information on: (i) the composition and distribution of the inspectorate staff responsible for general conditions of work and occupational safety and health, and on any development with regard to inspectors’ conditions of service; (ii) the manner in which effect is given to each provision of Article 11 of the Convention, specifying in particular the procedure for refunding labour inspectors’ duty travel costs. Please also provide copies of the relevant texts.

Articles 5(a) and 18. Suitable and effectively applied sanctions. In its previous comments, the Committee had welcomed the adjustment of pecuniary penal sanctions to ensure that they maintain a deterrent effect and the possibility of imprisonment for violations of the fundamental rights of employees. The Committee refers in this regard to its general observation of 2007 on the importance of effective cooperation between the labour inspection and the justice system in ensuring the effective enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. In this regard, the Committee notes the conclusions and recommendations of the Commission of Inquiry appointed under article 26 of the ILO Constitution to examine the observance by the Government of Zimbabwe of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), according to which, there are significant gaps in the administration of justice and it is necessary to provide appropriate resources and training to the courts, especially the Labour Court and the key institutions and personnel in the country, in the areas of freedom of association and collective bargaining and human rights more generally [Report of the Commission of Inquiry, December 2009, para. 606(4) and (5)]. The Committee requests the Government to indicate the measures taken or envisaged, including in the framework of the technical assistance package, to strengthen the cooperation between the labour inspection services and the justice system, including through training of labour inspectors and judges on the fundamental rights of workers.

Noting moreover that no reply has been provided in relation to its previous request for statistical data on the contraventions reported by inspectors in respect of the subjects covered by the Convention, and the sanctions imposed and effectively applied in practice, the Committee once again asks the Government to provide this information.

Articles 20 and 21. Annual inspection report. The Committee notes that no annual report on the activities of the labour inspection system, as prescribed by Articles 20 and 21, has been received by the ILO since the ratification of the Convention in 1993. In its report the Government indicates that it has previously sought the assistance of the ILO in order to set up a labour market information system which is a prerequisite to the production of annual reports but this assistance is yet to be availed of. Drawing the Government’s attention  to its General Survey of 2006 on labour inspection in which it explains the importance of publishing and communicating to the ILO an annual report on inspection activities, and to Part IV of Labour Inspection Recommendation, 1947 (No. 81) on the manner in which the requisite information might be presented to good effect, the Committee trusts that the Government will ensure that effect is given as rapidly as possible to Articles 20 and 21, and invites the Government to avail itself of technical assistance from the ILO in this regard.

The Committee would be grateful if the Government would report any progress made towards ensuring an effective and efficient labour inspection system with the support of the social partners.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee refers the Government to its observation and asks it to provide additional information on the following points.

Article 3, paragraph 1(a), and Article 19 of the Convention. Method of supervision applied during visits to workplaces subject to inspection and reporting to the central authority. Further to its previous comments, the Committee notes with interest that according to section 7 of Statutary Instrument 154 of 2003 (No. 1 of 2003) to apply section 126 of the Labour Relations Act (“Labour Act” since 2002), labour officers may enter an establishment where workers are employed and inspect the premises for conditions of employment, child labour, occupational health and safety, gender and other matters incidental thereto. The Committee notes that attached to the text is an inspection form setting out the method to be followed including the legislative prescriptions to be checked and the comments and action taken, and it would be grateful if the Government would provide duly completed samples of the form indicating the manner in which, and how often, the central inspection authority is informed of these supervisory activities by the inspectors, and would provide information on the action taken thereon.

Article 3, paragraph 2. Further duties entrusted to labour inspectors. In its previous comments, the Committee observed that labour inspectors appeared to retain too important a role in the overall procedure for dispute settlement, and drew the Government’s attention to Part III of Recommendation No. 81, advising that the functions of labour inspectors should not include that of acting as conciliator of arbitrator in proceedings concerning labour disputes. It notes in this context that, according to the Government, the issue of separating roles between labour inspectors and adjudicators of labour disputes is being looked into. The Committee strongly encourages the Government to ensure that such separation is implemented rapidly in both law and in practice to enable labour inspectors to devote themselves fully to the duties conferred on them in accordance with paragraph 1 of this Article, and it would be grateful if it would keep the Office informed of all developments in this regard.

Article 13. Powers of injunction of labour inspectors. The Committee notes that according to section 6 of the Factories and Works Act, inspectors are entitled to serve injunctions directly on employers where they find the workers’ health to be at risk, if it is established that the authority to which they are required to notify defects has not taken the necessary steps to eliminate them or to punish the employer in question. The Committee notes, however, that the legislation does not provide that measures with immediate executory force may be ordered either directly by the inspectors or, on their recommendation, by the competent authority in the event of imminent danger to the health or safety of the workers. The Committee would be grateful if the Government would take steps to supplement the legislation to this effect, in accordance with Article 13, paragraph (2)(b), including, if necessary, by means of instructions of a regulatory or administrative nature to labour inspectors, to keep the ILO informed of any progress in this respect and to provide copies of any relevant texts.

Articles 20 and 21. Annual inspection report. Noting that no annual report on the work of the inspectorate, as prescribed by Articles 20 and 21 of the Convention, has been received by the ILO since ratification of the Convention in 1993, the Committee trusts that the Government will ensure that effect is given as rapidly as possible to these provisions, if necessary with technical assistance from the ILO. It draws the Government’s attention to its General Survey of 2006 on labour inspection in which it explains the advisability of publishing and communication to the ILO of an annual report on inspection activities, and to Part IV of Recommendation No. 81 on the manner in which the requisite information might be presented to good effect.

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The Committee notes the Government’s report received in August 2007 and the appended legislation.

In its previous comments, the Committee referred to recommendations made by the Zimbabwe Congress of Trade Unions (ZCTU) for the effective operation of the labour inspectorate, which included measures to ensure that: competent staff are retained and more staff recruited; working conditions are improved; the provision of resources such as vehicles and office supplies to labour inspectors is given priority; and penalties for non-compliance with the labour legislation continue to act as a deterrent. It noted the Government’s statement that there had been significant progress towards ensuring effective and efficient inspections through the development of an integrated inspectorate. The Government stated that it hoped that with the support of the social partners, the challenges would be overcome.

The Committee notes that in its report on Convention No. 129, the Government has supplied information in response to the above organization’s concerns.

1. Articles 6 and 10 of the Convention. Staff and conditions of service of labour inspectors. According to the Government, recruitment measures have been implemented to fill vacant posts in the inspectorate in order to provide sufficient staff in the ten regions. While providing information about the measures to keep experienced staff in the inspectorate (wage increases, transport subsidies, construction of housing), the Government nevertheless states that the fact that labour inspectors have left their posts in order to take up employment in the private sector has helped to improve application of the legal provisions in the enterprises where they take up work. The Government also supplies statistics on the visits to economic sectors as a whole, which do not allow an assessment of coverage in terms of needs. The Committee hopes that the measures announced by the Government will strengthen the staff of the inspectorate and substantially consolidate their conditions of service so as to ensure that the legal provisions on working conditions and the protection of workers are applied not only in the private enterprises employing former inspectors, but also, in accordance with the Convention, in all workplaces subject to labour inspection. The Government is asked to continue to provide information on the composition and distribution of inspectorate staff responsible for general conditions of work and occupational safety and health, and on the improvement of inspectors’ conditions of service.

2. Article 11. Material facilities for inspection staff. The Government states that, contrary to the assertions of the trade union, inspectors do not use public transport to carry out inspection visits, and that despite the meagre resources available, each service has at least one vehicle for use by inspectors, while those responsible for supervising occupational safety and health have adequate transport to perform their duties. The Government is asked to provide details of the manner in which effect is given to each provision of the abovementioned Article of the Convention, specifying in particular the procedure for refunding labour inspectors’ duty travel costs. Please provide copies of the relevant texts.

3. Article 18. Suitable and effectively applied sanctions. The Committee refers to its previous comments, and notes with interest that in order to take account of monetary inflation, the levels of the units used as a reference for establishing penal sanctions have again been adjusted under Statutory Instrument 134 of 2007 of the Criminal Law Notice, 2007, repealing and replacing the first Standard Scale of Fines established by sections 2 and 280 of the Criminal Law Code. Noting that violations of the fundamental rights of employees are also punishable by imprisonment under Part II, Sections 4 to 7 of the Labour Act, the Committee requests the Government to provide figures showing the number of contraventions reported by inspectors in respect of the subjects covered by the Convention, and the sanctions imposed and effectively applied under these texts.

The Committee raises other matters in a request addressed directly to the Government.

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With reference to its observation, the Committee requests the Government to provide additional information on the following points.

1. Legislation that inspectors are responsible for enforcing. With reference to its 2005 request under Convention No. 170, in relation to the drafting of a new Occupational Safety and Health Act and the related regulations, the Committee would be grateful if the Government would keep the ILO informed of developments in the legislative process and indicate the role to be given to labour inspectors in the enforcement of this legislation.

2. Article 3, paragraph 2, of the Convention. Further duties entrusted to labour inspectors. The Committee notes with interest that section 93 of the Labour Act on the powers of labour officers relating to the settlement of labour disputes was amended in 2003 (on 7 March) and that labour inspectors no longer have the power to make decisions in this respect. Nevertheless, labour inspectors appear to retain an important role in the overall procedure for dispute settlement. With reference to Part III of Recommendation No. 81, under the terms of which the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes, the Committee would be grateful if the Government would consider relieving inspectors of their functions in this respect so as to avoid any risk of a challenge to the authority and impartiality necessary in their relations with employers and workers.

3. Article 12, paragraph 1(b). The Government is requested to indicate whether labour inspectors are empowered to carry out inspections by day in any premises which they may have reasonable cause to believe to be liable to inspection. If so, the Committee requests the Government to indicate the relevant legal provisions.

4. Article 13, paragraph 2. Powers of injunction of labour inspectors. The Committee requests the Government to indicate whether labour inspectors are empowered to make or to have made orders requiring: (i) such alteration to the installation or plant, to be carried out within a specified time limit, as may be necessary to secure compliance with the legal provisions relating to the health or safety of the workers; or (ii) measures with immediate executory force in the event of imminent danger to the health or safety of the workers.

5. Article 18. Level of penalties. The Committee notes with interest that Act No. 6 of 2005, which entered into force in February 2006, introduced an amendment to the Criminal Law, multiplying by five the reference level of fines for breaches of labour laws. It would be grateful if the Government would indicate, in view of the slowness of the procedure for the revision of legislation, the manner in which it is envisaged that the amount of penalties could be updated to maintain their dissuasive nature despite monetary fluctuations.

6. Articles 20 and 21. Annual inspection report. The Committee notes the report for 2004 on activities relating to safety and health. However, it notes that no report on the activities of the labour inspectorate in other fields, containing the statistics required by Article 21, has been provided to the ILO. The Committee hopes that the Government will soon provide the ILO with such a report.

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The Committee notes the Government’s report, the information provided in reply to its previous comments, the annual report on the activities of the Occupational Safety and Health Department and the legislation relating to the labour court. It also notes the Government’s reply dated 28 November 2005 to the observations made by the Zimbabwe Congress of Trade Unions (ZCTU), communicated by the ICFTU to the ILO on 6 September 2005.

According to the ZCTU, the regular inspection of workplaces has always been a problem and has resulted in rampant non-compliance with the labour laws, especially by employers. The ZCTU considers that the lack of support from the Government for the labour inspection services through the allocation of human and financial resources constitutes an obstacle to the application of Conventions, and particularly to the adoption of measures to ensure the effective and efficient operation of the Labour Inspection Department.

1. Article 10 of the Convention. Staff of the labour inspection services. In the view of the ZCTU, the Labour Inspection Department has always operated below capacity, with 17 inspectors being expected to cover 1.5 million workers in 13,000 workplaces. Because of the poor working conditions, it is difficult to retain staff, which has affected the implementation of the Convention, the publication of statistics and the preparation of reports on the activities of the inspection services.

2. Article 18. Weakness of the means available to the inspection services. According to the ZCTU, the main weapon of the inspection authorities against non-compliance with the legislation is purely administrative and consists of polite correspondence, making recommendations, occasional inspections, etc. As a result, the inspection system is perceived as being weak and toothless, and employers fail to give serious consideration to the recommendations of labour inspectors. The ZCTU considers that this situation is made worse by the low level of the penalties and fines to which employers are liable.

3. Article 11. Material and logistical resources of the inspection services. The ZCTU criticizes the Government for not providing the labour inspection authorities with adequate resources, such as transport facilities and office supplies. According to the ZCTU, the majority of inspectors use public transport, which considerably limits their effectiveness. As a consequence, inspection is at a minimum level and therefore encourages non-compliance with labour laws. This also explains the non-availability of information and statistics on the level of compliance with labour laws. In general, the ZCTU considers that the application of the Convention in practice is compromised by administrative hurdles and that labour issues are not given priority by the Government.

4. Recommendations for the effective operation of the labour inspectorate. The Committee notes that the ZCTU recommends that the Government adopt measures to ensure that: competent staff are retained and more staff recruited; working conditions are improved; the provision of resources such as vehicles and office supplies to labour inspectors is given priority; and penalties for non-compliance with the labour legislation continue to act as a deterrent. While emphasizing that challenges relating to resources and the remuneration of inspectors are not peculiar to Zimbabwe, the Government states that it takes note of these recommendations and indicates that it has made significant progress in maximizing the existing resources for effective and efficient inspections through the development of an integrated inspectorate. It expresses the hope that, with the support of the social partners, who have a role to play in ensuring that the inspection system fulfils its mandate, the challenges will be overcome. The Committee would be grateful if the Government would keep the ILO informed of any development in relation to the recommendations made by the ZCTU and provide any relevant text, document or statistics.

The Committee is addressing a request directly to the Government on certain points.

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The Committee notes the Government’s report and the attached documents. Noting the statement indicating that the Act on labour relations was amended and the Government’s reference to various articles of the above Act, the Committee would be grateful if the Government would provide the full text of the Act in its current form.

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The Committee notes the Government’s reply to its previous comments. It would be grateful if it would provide additional information on the following points.

Article 3, paragraph 1, of the Convention. The Committee would be grateful if the Government would indicate the measures which have been taken to entrust the system of labour inspection with the functions set out in points (b) and (c) of this provision, namely to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions and to bring to the notice of the competent authorities defects or abuses not specifically covered by existing legal provisions.

Paragraph 2. Noting the information provided by the Government in an earlier report on the role of factory inspectors in the settlement of labour disputes, the Committee would be grateful if it would indicate the measures which have been taken or are envisaged to ensure that the performance of the duties with which they are entrusted in this respect is not such as to interfere with the effective discharge of their primary duties, as set out in Article 3, paragraph 1(a) to (c), or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Article 4. The Committee requests the Government to provide a copy of the organigram of the labour inspectorate.

Article 5. With reference to its previous comments, the Committee notes the information that cooperation is promoted between factory inspectors, health and safety officers and designated agents employed by the national employment councils through workshops, seminars and meetings. The Committee requests the Government to provide information on the nature and results of this cooperation.

Article 6. The Committee notes that the national employment councils, which are bodies established by trade unions and employers’ organizations which are duly constituted and registered, designate agents who are entrusted with carrying out labour inspections. It would be grateful if the Government would provide details on the procedures for the designation of these agents and indicate the manner in which their stability of employment and independence of improper external influences is assured, as required by this provision in relation to labour inspection staff.

Articles 8 and 10. Noting that, in the same way as men, women are eligible for employment as inspectors and that they perform the same duties and, in view of the Government’s indication in its report of a forthcoming increase in the numbers of labour inspectors, the Committee requests the Government to indicate the geographical distribution by sex and by grade of the staff of the labour inspectorate.

Articles 11 and 16. Noting the information provided by the Government under Article 11 in successive reports, the Committee would be grateful if it would provide information, firstly, on the geographical distribution, condition, accessibility and equipment of labour inspection premises and, secondly, on the motor vehicles available to inspection services and on the measures which have been taken or are envisaged to resolve the shortage of means of transport and provide inspectors with the facilities necessary for the regular performance of their workplace inspection duties.

Article 12, paragraph 1(a) and (b). The Government is requested to indicate whether labour inspectors and the designated agents of national employment councils are empowered to enter freely by night any workplace liable to inspection and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. If so, the Committee requests the Government to indicate the relevant legal provisions.

Article 12, paragraph 1(c)(iii). The Committee requests the Government to indicate the measures which have been taken to give effect to this provision, which requires that labour inspectors are empowered to enforce the posting of notices required by the legal provisions.

Article 12, paragraph 2. The Committee requests the Government to indicate whether, in accordance with the requirements of this provision, labour inspectors are at liberty, on the occasion of an inspection visit, to refrain from notifying the employer or his representative of their presence where they consider that such a notification may be prejudicial to the effectiveness of the inspection. If not, the Committee would be grateful if it would take the appropriate measures to provide them with this faculty on a legal basis.

Article 15. With reference to its previous comments, and noting that the Government has not provided the information requested on the application of this Article, the Committee requests the Government to do so in its next report, particularly with regard to the provisions of the national legislation which give specific effect to the obligation of labour inspectors not to have any interest in the workplaces under their supervision (point (a)), professional confidentiality (point (b)) and confidentiality as to the source of complaints (point (c)).

Article 17, paragraph 2. Please also provide information on the manner in which effect is given to this provision, under which inspectors may decide to give warning and advice instead of instituting or recommending proceedings.

Articles 20 and 21. Noting that despite the statement that an annual inspection report for 2000 is being compiled, no such reports have yet been received since the ratification of the Convention, the Committee would be grateful if the Government would take the necessary measures in the near future to ensure the publication of such reports by the central labour inspection authority and their transmission to the ILO within the time limits set out in Article 20, and that they include information on each of the matters enumerated in Article 21(a) to (g). The Committee requests the Government to draw the attention of the central labour inspection authority to the guidance provided in this respect in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), with regard to the nature of the information required.

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The Committee notes the Government’s reports. It requests the Government to provide further information and clarification on the application of the following provisions of the Convention:

Articles 2, 3, 4, 5 and 10.  The Committee notes the information in the Government’s reports that inspection staff is categorized into three groups under different government organizations: labour relations officers of the Department of Labour Relations of the Ministry of Public Service, Labour and Social Welfare; factory inspectors and designated agents of the national employment councils; and factory inspectors of the National Social Security Authority. The Committee would be grateful if the Government would provide detailed information on how the duties related to labour inspection are divided between these categories of inspectors of labour administration bodies as well as on the manner in which cooperation is promoted between them. It also asks the Government to indicate the actual number of each of these categories of inspection staff and particulars of their geographical distribution.

Article 6.  The Government reports indicate that labour relations officers are public officials independent of changes of government and of improper external influences. The Committee requests the Government to indicate whether other categories of inspectors, as mentioned above, are also public officials that enjoy the same status.

Article 8.  Please indicate whether both men and women are eligible for appointment as inspectors and whether special duties are assigned to men and women inspectors.

Article 12.  Please indicate whether inspectors have the powers provided for in the provisions of this Article. If so, please indicate and send copy of any relevant legislation.

Articles 15 and 17.  Please provide information on the manner in which effect is given to each of the provisions of these Articles, in accordance with the report form of the Convention.

Articles 20 and 21.  The Committee notes that the Government’s reports contain no information on the application of the provisions of these Articles and that no annual report has been received by the ILO. It therefore requests the Government to provide information on how the provisions of these Articles are applied as well as to ensure that copy of annual reports be supplied within the time limits set forth by Article 20(3), and that such reports contain information on all items listed in Article 21.

The Committee would also be grateful if the Government would also send to the ILO copies of the latest versions of all laws and regulations related to the application of the Convention.

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