All Comments

Home Page | English | Français | Español |

ILO is a United Nations Agency

RSS Feed | Newsroom | Contact us

NORMLEX

Information System on International Labour Standards

Instruments
Key documents
Ratification of ILO Conventions
Supervising the application of International Labour Standards: Supervision by country; Search comments by the supervisory bodies; Complaint procedures; Freedom of association cases; Representations (Art. 24); Commission of Inquiry (Art. 26)
Regular reporting
Country profiles
Comparatives
Maritime Labour Convention (2006)

MLC, 2006

NATLEX *new look*
National Legislation on Labour and Social Rights

LEGOSH
Global database on occupational safety and health legislation

EPLex
Employment protection legislation database

Compendium of court decisions

NORMLEX Home > Country profiles > > Comments > All Comments

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Zimbabwe (RATIFICATION: 1993)

DISPLAYINEnglish - French - Spanish

CMNT_TITLE

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.

CMNT_TITLE

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.

CMNT_TITLE

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.

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.

CMNT_TITLE

Referring to its observation, the Committee would like to raise the following additional points.

Article 9(3) of the Convention. Training of labour inspectors for the performance of their duties. The Committee notes with interest that, with a view to improving labour inspection in agriculture, the Government organized three capacity-building training workshops in March 2013, which were attended by officials appointed by the Employment Council for the agricultural sector. These workshops focused on conciliation, arbitration, freedom of association and collective bargaining. Drawing the Government’s attention to paragraphs 181 187 of its 2006 General Survey on labour inspection, the Committee asks the Government to indicate the measures taken to ensure that labour inspectors performing duties in agricultural enterprises receive initial training and further training in the course of their employment, which is adequate and takes account of developments in technology and methods of work (risks of accidents and specific diseases, particularly inherent in the machinery and tools used, as well as in the handling of chemical products and substances).

Articles 12(1) and 24. Effective cooperation between the labour inspection services and the services responsible for enforcing penalties for obstructing the work of labour inspectors. In the event of labour inspectors being obstructed in the course of their duties, the Government states that the labour inspectors report the problem to the police and the offender is prosecuted. However, the Government adds that no cases of obstruction have been reported because the legal provisions are clear and sufficiently dissuasive to prevent such situations. The Committee requests the Government to specify whether the labour inspectors are able to turn to the police for support to help them carry out their inspection visits if they are obstructed in the performance of their duties, particularly inspection visits in workplaces liable to inspection.

CMNT_TITLE

The Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81), to the extent that they also relate to the application of this Convention.

Articles 6(1)(a) and (b), 14 and 21 of the Convention. Number of labour inspectors in agriculture. In reply to the previous comments of the Committee, the Government states that it does not have disaggregated data making it possible to compare the share of labour inspection activities in the agricultural sector with that of other sectors. According to the Government, the labour inspectors and designated officials of the Employment Council work together by means of joint inspections. In the event of an inspector identifying alleged violations requiring the intervention or skills of other inspectors, the information is shared, giving rise to follow-up inspections.

The Committee notes that, according to the Government, the major challenge to an efficient labour inspection service in the agricultural sector is the limited number of inspectors allocated to this sector, and the designated officials, especially during the seasonal peak periods. The Government nevertheless points out that it will continue its negotiations with the Employment Council concerned, with a view to increasing the number of inspectors it employs. The Committee asks the Government to communicate information on any measures taken to increase the number of labour inspectors carrying out functions in agriculture so that agricultural undertakings can be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in accordance with Article 21 of the Convention.

Articles 6(1)(a) and (b), 17, 18 and 19(2). Labour inspection functions in the area of occupational safety and health (OSH). In its previous comments, the Committee requested the Government to keep the ILO informed of progress made in amending OSH legislation so as to extend its application to agriculture and formally extend the functions of the labour inspectorate in this area. According to the Government, the principles for harmonizing all legislation on OSH were approved by the Council of Ministers in February 2013. Furthermore, the Government organized a workshop designed to establish a consensus on OSH legislation in April 2013, in collaboration with the social partners and with ILO support, which included the presentation of the abovementioned principles, a review of the legislation in force and a discussion on ratified OSH Conventions, with a view to ensuring that the main provisions of these Conventions are incorporated into the new legislation. Work is under way on a preliminary draft which will be submitted to the Attorney-General’s Office in September 2013. According to the Government, OSH legislation will apply to all sectors of the economy, which will extend labour inspection functions to the agricultural sector. The Committee requests the Government to send a copy of the new Act as soon as it has been adopted. It hopes that the Government will soon be in a position to report on the activities of prevention and enforcement of OSH legislation carried out by the labour inspectors in agriculture, in accordance with Articles 6(1)(a) and (b), 17, 18 and 19(2) of the Convention.

Articles 6(1)(a), 22 and 24. Enforcement of legislation on freedom of association rights and wage payments. In its previous comments, the Committee requested the Government to provide detailed information and data on the activities of the labour inspectorate in agriculture aimed at the enforcement of legislation on freedom of association rights and wage payment, indicating in particular the number of visits carried out, the violations found and the penalties imposed. The Government points out that monitoring the enforcement of legislation on freedom of association rights and wage payment is among the inspection activities of the Employment Council for the agricultural sector. The labour inspectors guarantee the payment of wages by inspecting the payroll and issuing of payslips; they also check the existence of workers’ committees, works councils, the presence of trade unions in the enterprise and the existence of collective agreements. Between 1 January and 30 August 2013, the inspectors from the Employment Council for the agricultural sector carried out 853 inspections and recorded 153 incidents that had given rise to complaints. The Committee requests the Government to send, for the period covered by its next report, specific and detailed information on the number of inspection visits carried out in agricultural undertakings, the cases that have been investigated following complaints, the number of violations detected (referring to the specific legislation infringed), including with respect to freedom of association and the payment of wages, and on the penalties imposed.

Article 15. Transport facilities made available for labour inspection in agriculture. The Government states that no motor vehicle is specifically assigned to the agricultural sector. However, the number of vehicles available to labour inspectors, such as those of the Employment Council of the agricultural sector, is as follows: one in Chinhoyi, one in Harare, one in Gweru, one in Mutare and one in Bulawayo. The Government is planning to acquire more vehicles in the future. The Committee requests the Government to provide information on any improvements in the number and/or characteristics of motor vehicles made available to labour inspectors in agriculture to enable them to travel to enterprises, including those that are difficult to reach.

Noting, moreover, the Government’s wish to obtain further technical assistance from the ILO to support the labour inspection project under way, the Committee invites it to address a formal request to the Office and communicate in its next report information on any developments in this respect.

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

CMNT_TITLE

Referring to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to reply to the questions raised in that framework to the extent that they relate to labour inspection in agriculture.

In addition, the Committee draws the Government’s attention to the following.

Article 6(1) of the Convention. Enforcement of legislation on freedom of association rights and wage payment. The Committee takes note of the Government’s reply to the comments made by the Zimbabwe Congress of Trade Unions (ZCTU) in September 2009. The Government indicates that these comments concerned events that have in the meantime become obsolete. In particular, the question of wage levels and their payment has been resolved since the introduction of the multiple currency system in February 2009. According to the Government, the major obstacle to the effective functioning of the enforcement mechanism has been that of limited financial and material resources. Recalling that the comments of the ZCTU referred to grave issues like acts of violence against trade unionists and the absence of an effective enforcement mechanism to address the non-payment of wages, the Committee requests the Government to provide detailed information and data on the activities of the labour inspectorate in agriculture aimed at the enforcement of legislation on freedom of association rights and wage payment. Please indicate in particular, the number of visits carried out, including incidents investigated in response to complaints, the violations found and the sanctions imposed to ensure the effective enforcement of the relevant provisions.

Articles 6(1), 17, 18 and 19. Labour inspection functions in the area of occupational safety and health. The Government indicates that there is currently no labour inspection on occupational safety and health (OSH) in agriculture even though in practice OSH inspectors from the National Social Security Authority conduct inspections in farms notwithstanding the legislative gaps. Furthermore, in the event of occupational accidents in farms the OSH inspectors are supposed to conduct inspections to enable processing of workers’ compensation (Statutory Instrument 68 of 1990: National Social Security Authority (Accident Prevention and Workers’ Compensation Scheme) Notice, 1990).

The Committee notes, however, the information by the Government according to which, in the framework of a concerted effort to harmonize all legislation on OSH in Zimbabwe so as to cover agriculture, the OSH legislation is being reviewed with the intention to extend the coverage of the Factories and Works Act to include the agricultural industry. This development will enhance the work of the presently existing inspectorates.

The Committee would be grateful if the Government would keep the ILO informed of progress made in amending OSH legislation so as to extend its application to agriculture and formally extend the functions of the labour inspectorate in this area. It hopes that the Government will soon be in a position to report on the activities carried out by labour inspectors in agriculture with regard to both enforcement and prevention in line with Articles 6(1), 17 and 18 of the Convention. The Committee also requests the Government to provide any available statistical information on occupational accidents and cases of occupational disease recorded in agriculture (Article 19).

Articles 16(1), 16(3) and 20(c). Right of access to workplaces. The Government indicates that, while in terms of the legislation advance notice to an employer of an inspection visit is at the discretion of the labour inspector, the latter is expected to give such notice in practice. The Committee recalls that the possibility to carry out unannounced inspections at any time is essential in order to ensure that the duty of confidentiality as to the existence of a complaint and its source is fully respected when visits are conducted pursuant to complaints, in line with Article 20(c). According to Article 16 of the Convention, labour inspectors should be able to avoid notifying inspection visits to employers if they consider that such a notification may be prejudicial to the performance of their duties. The Committee requests the Government to indicate the measures taken or envisaged in order to ensure that there is no formal or informal requirement to give advance notice for inspection visits in agriculture.

Articles 13 and 14. Number of labour inspectors in agriculture and collaboration with employers, workers and their organizations. The Government indicates that in the agricultural sector labour inspectors and designated agents of Employment Councils coordinate their activities in order to maximize the use of resources and the quality of inspection services. The Ministry, which has the overall authority for ensuring the implementation of labour inspection services, has at its disposal 96 labour officials distributed across the country with the ability to cover all agricultural industries (along with the other sectors of the economy). The Ministry delegates the authority for labour inspection on conditions of service to the responsible Employment Council for the Agriculture Industry. The latter is a bipartite body that operates under the supervision of the Ministry of Labour and Social Services and has five designated agents who also carry out inspections. According to the Government, the labour inspection functions of the Employment Council are of a consultative and tripartite nature.

The Committee would be grateful if the Government would specify the proportion of the activities of labour inspectors which are focused on agricultural industries in relation to other industries. Moreover, the Committee would be grateful if the Government would provide further details on the manner in which labour inspectors and designated agents collaborate in terms of nature of activities (enforcement and advisory) and the impact of this collaboration on the attainment of the objectives of the Convention.

Article 15. Transportation facilities. The Government indicates that in cases where suitable public transport is not generally available, inspectors make use of officials’ motor vehicles during their work. Inspectors are given advance payments for out of station allowances to cater for travel and subsistence during field work. Upon return to station, the inspectors are only required to present receipts for the funds spent. Recalling the importance of adequate transport facilities for the effective exercise of the functions of labour inspectors in agriculture, including appropriate vehicles to reach enterprises that are difficult to access, the Committee requests the Government to specify the number of vehicles at the disposal of labour inspectors in agriculture, as well as any measures taken or envisaged in order to gradually improve on the transportation facilities available to them.

Article 24. Enforcement of penalties for obstruction of labour inspectors’ work. The Committee notes that, under section 126 of the Labour Act, any person who hinders an officer during inspections is liable to a fine not exceeding level 5 or imprisonment not exceeding six months or both. The Committee requests the Government to provide information on the enforcement of section 126 of the Labour Act and any protection afforded to labour inspectors in case of obstruction in the exercise of their duties during inspection visits.

The Committee reminds the Government that it may avail itself of further technical assistance from the Office if it so wishes.

CMNT_TITLE

The Committee notes that the Government’s report, received on 21 December 2009, is confined to indicating that the Government takes note of the Committee’s comments and undertakes to keep the Office informed of any developments in the strengthening of labour inspection in the agricultural sector.

The Committee also notes the comments made by the Zimbabwe Congress of Trade Unions (ZCTU) in a communication dated 21 September 2009, which provides information in relation to the comments previously made by the Committee. According to the ZCTU, there is no legislation in place that deals specifically with agricultural undertakings. However, occupational safety and health issues are covered under the Environment Management Act (Chapter 20:27) according to which, every worker has the right to work in an environment that does not endanger his or her safety. The Act regulates the usage, storage, labelling and disposal of hazardous substances and articles. The Act is complemented by the collective bargaining agreement in the agricultural industry SI323/1993 which compels employers to provide employees appropriate protective clothing and devices to protect them from hazardous substances. The labour inspection in agriculture is also covered by sections 125–126 of the Labour Act which empower labour officers and designated agents of Employment Councils to investigate and inspect work practices in any employment establishment.

The ZCTU deplores that this enforcement mechanism has not been effectively applied in farms since 2000 due to the troubled political situation. Labour officers as well as designated agents of Employment Councils are incapacitated in terms of resources. It adds that political violence in some farms is still a problem and that trade unions, in particular the officials of the General Agriculture and Plantation Workers’ Union (GAPWUZ) which is affiliated to the ZCTU are harassed, beaten, detained and intimidated whenever they try to conduct trade union activities. According to the ZCTU, in some farms that have been compulsorily acquired by the Government, workers are evicted from their dwellings for demanding their salaries; efforts to enforce payment of salaries are becoming fruitless and a relevant dispute is pending before the National Employment Council for the Agriculture Sector while the eviction dispute is pending in the Mutare Magistrate Court as Case No. 42/09. Furthermore, the employers are refusing to negotiate insisting that the 10 Zimbabwe dollars (ZWD) salary currently paid to farm workers is adequate. The lack of meaningful inspections in the agriculture sector subjects farm workers to exploitation and lack of enforcement and penalties remain a challenge. The Committee requests the Government to provide any comments it may consider appropriate to the observations of the ZCTU. It further requests the Government to send a detailed report on the manner in which the Convention is applied in law and in practice on the basis of the questions raised in the report form of the Convention.

CMNT_TITLE

The Committee takes note of the Government’s report and the indication that the Government is still not in a position to provide information on inspection work in agricultural undertakings on the basis of which the efficiency of the labour inspection system in agriculture could be assessed.

Legislation. Further to its previous comments in which it requested the Government to keep the ILO informed of any changes in the standard-setting process referred to in its previous report and under preparation in accordance with guidelines provided by the Safety and Health in Agriculture Convention, 2001 (No. 184), and noting that according to the Government, there have been no developments in the legislation to give effect to Convention No. 129, the Committee requests the Government to keep the ILO informed of any developments in this regard.

The Committee would be grateful if, in order to ensure the operation of the labour inspection system in agriculture, the Government would take the measures requested by the Committee in its observation on Convention No. 81 regarding the staff and conditions of service of the labour inspectorate, their material working conditions, the application in practice of appropriate penalties to persons breaching the legislation on conditions of work and the protection of workers, matters which pertain respectively to Articles 14, 15 and 24 of the Convention.

The Committee further requests the Government to take the measures and supply the information requested in its direct request on Convention No. 81 in so far a they pertain specifically to labour inspection in agriculture.

CMNT_TITLE

The Committee notes the Government’s report, the observations of the Zimbabwe Congress of Trade Unions sent to the ILO on 6 September 2005, which apply mutatis mutandis to the application of this Convention and Convention No. 81, and the information communicated in response by the Government on 2 December 2005. Since the labour inspection system in agriculture is integrated into the inspection system common to other sectors of the economy, the Committee requests the Government to provide, in its next report on this Convention, the information requested in its observation under Convention No. 81, in so far as it specifically concerns labour inspection in agricultural undertakings.

Moreover, the Committee notes with interest that regulations relating specifically to agriculture are currently being prepared in accordance with the guidelines provided by the Safety and Health in Agriculture Convention, 2001 (No. 184). It asks the Government to keep the ILO informed of any changes in the standard-setting process and to indicate if it envisages attributing particular functions to the labour inspectorate in relation to the application of the present Convention.

CMNT_TITLE

The Committee notes the Government’s reports, the replies to its previous comments and the attached documentation. Noting the information on the amendment of the Act respecting labour relations, the Committee would be grateful if the Government would provide the full text of this Act in its current form.

CMNT_TITLE

The Committee notes the Government's reports for the period up to September 1998. It requests the Government to provide detailed information on the application of the following provisions of the Convention.

Article 1, paragraph 1. Please indicate whether premises on which any person performs work in connection with any business, undertaking or institution or otherwise, in the slaughtering of livestock (section 3(1)(a)(ix) of the Factories and Works Act) are considered in Zimbabwe as agricultural undertakings.

Article 1, paragraphs 2 and 3. Please indicate whether any decisions have been taken pursuant to each of these paragraphs and describe the procedure followed for consultation with the most representative organizations of employers and workers.

Article 2. Please clarify whether the provisions of the Factories and Works Act are in fact applicable to the inspection of agricultural undertakings, and indicate whether arbitration awards are enforceable by the Labour Relations Officers, inspectors appointed under the National Social Security Authority Act (the NSSA Act) and the Designated Agents employed by the National Employment Council for the Agricultural Industry (the NEC).

Article 3. Please describe the cooperation between the Labour Relations Officers, inspectors appointed under the NSSA Act, and the Designated Agents employed by the NEC.

Article 5, paragraph 3. Please indicate to what extent effect has been given or is proposed to be given to this provision.

Article 6, paragraph 1(a). Please indicate the specific provisions of the national legislation under which the staff of the National Social Security Authority (NSSA) are responsible for the inspection of safety and health aspects of the workplaces and authorizing occupational health and safety officers to carry out inspections with regard to the use of chemicals.

Article 6, paragraphs 1(b) and (c) and 2. Please indicate the specific provisions of the national legislation that give effect to these provisions of the Convention.

Article 6, paragraph 3. Please indicate whether any functions other than those provided for in paragraphs 1 and 2 of Article 6 are assigned to inspectors and, if so, describe their nature and the measures taken to ensure that they are exercised in accordance with the conditions laid down in this paragraph.

Article 7, paragraphs 1 and 3. Please indicate whether it has been envisaged to place the following inspection authorities under the supervision and control of a single central body: Labour Relations Department of the Ministry of Public Service, Labour and Social Welfare; the NEC; and the NSSA.

Article 8, paragraph 1. Please provide the following information:

-- In respect of Labour Relations Officers: the regulations (if any) concerning their conditions of service, issued under section 19 of the Public Service Act; and an indication as to how their independence of improper external influence is assured.

-- In respect of inspectors appointed under the NSSA Act: indicate whether such inspectors are public service employees, subject to the Public Service Act; describe their conditions of service; describe the manner in which their stability of employment, independence of changes of government and independence of improper external influences are assured; please provide a copy of the respective regulations (if such exist).

-- In respect of the Designated Agents employed by the NEC: describe their conditions of employment; indicate the manner in which their stability of employment, independence of changes of government and independence of improper external influences are assured; please provide a copy of the respective regulations (if such exist).

Article 9, paragraphs 1 and 2. Please provide information on the conditions governing and qualifications required for recruitment of inspectors appointed under the NSSA Act and Designated Agents employed by the NEC respectively.

Article 9, paragraph 3. Please indicate measures taken to ensure that inspectors appointed under the NSSA Act have adequate training for the performance of their duties upon their entry into service and benefit from retraining in the course of employment.

Article 10. Please indicate whether the inspection staff appointed under the Labour Relations Act, the NSSA Act and Collective Agreement for the Agricultural Industry includes women and, if so, whether any special duties are assigned to them.

Article 11. Please indicate whether technical experts and specialists who are not members of the inspection staff are associated in the work of the labour inspection in agriculture.

Article 14. The Committee asks the Government to provide the following information:

-- In respect of Labour Relations Officers: indicate the number of such officers conducting, among other matters, inspections in agriculture; and the number of those assigned functions of a technical or specialized character.

-- As regards inspectors appointed under the NSSA Act and of the Designated Agents employed by the NEC: indicate their respective numbers, distribution by categories, assignation of functions of a technical or specialized character; and geographical distribution. Please also indicate the number of Designated Agents assigned to each of the locations mentioned in the report (Harare, Mutare, Chiredzi, Bulawayo, Chinhoyi, Bindura).

Article 15, paragraph 1(b). Please indicate the geographical distribution of cars and other means of transport furnished to the Labour Relations Officers, inspectors appointed under the NSSA Act and the Designated Agents employed by the NEC in relation to the number of inspectors.

Article 15, paragraph 2. The Committee asks the Government to indicate how inspectors, appointed under the NSSA Act and the Designated Agents employed by the NEC are reimbursed any travelling and incidental expenses which may be necessary for the performance of their duties.

Article 16, paragraph 1(a). Please clarify whether the Labour Relations Officers and the Designated Agents employed by the NEC can conduct inspections at night time and, if so, indicate the specific provisions of national legislation establishing such rights.

Article 16, paragraph 1(b). Please indicate the specific provision of national legislation which gives effect to this provision of the Convention in respect of Labour Relations Officers.

Article 16, paragraph 1(c)(i). The Committee asks the Government to clarify whether the Labour Relations Officers enjoy the right provided by this provision in respect of matters within the competence of the Labour Relations Officer but not explicitly mentioned in section 126(1)(b) of the Labour Relations Act. Please also indicate how the national legislation gives effect to this provision as regards inspectors appointed under the NSSA Act and the Designated Agents employed by the NEC.

Article 16, paragraphs 1(c)(iii), 2 and 3. Please indicate how national legislation gives effect to these provisions of the Convention in respect of Labour Relations Officers, the inspectors appointed under the NSSA Act, and the Designated Agents employed by the NEC.

Article 17. Please indicate the cases and conditions under which the Labour Relations Officers, the inspectors appointed under the NSSA Act and the Designated Agents employed by the NEC are associated in the preventive control referred to in this Article.

Article 18, paragraphs 1, 2(a) and 2(b). Please indicate the specific provisions of national legislation which confer on the Labour Relations Officers, the inspectors appointed under the NSSA Act and the Designated Agents employed by the NEC the powers provided under each of these provisions, specifying the procedures through which they may exercise these powers.

Article 18, paragraph 3. If effect is given to this provision, please indicate the competent authority and the procedure followed under the conditions described therein.

Article 18, paragraph 4. Please indicate in what manner effect is given to this provision of the Convention.

Article 19, paragraph 1. The Committee asks the Government to indicate: the manner in which information on accidents is transferred from the general manager of the NSSA to the inspectors appointed by the Minister of Public Service, Labour and Social Welfare under section 39 of the NSSA Act; the procedure for notification of the general manager of the NSSA and/or inspectors appointed by the Minister of Public Service, Labour and Social Welfare under section 39 of the NSSA Act; and whether information about accidents and occupational diseases is communicated to Labour Relations Officers and to the Designated Agents employed by the NEC.

Article 19, paragraph 2. With reference to sections 14(2) and 15(1)(b) of Statutory Instrument No. 68 of 1990, the Committee requests the Government to indicate whether inspectors appointed under the NSSA Act, as well as Labour Relations Officers, and the Designated Agents employed by the NEC are associated with on-the-spot inquiries into the causes of occupational diseases and, if so, by virtue of which provisions.

Article 20, paragraph (a). Please specify the legal provisions relating to prevention of corruption that give effect to this provision.

Article 20, paragraphs (b) and (c). Please specify the legal provisions that give effect to these provisions in respect of the Labour Relations Officers and the Designated Agents employed by the NEC.

Article 21. The Committee asks the Government to provide information on the frequency rate of routine inspections carried out by the Labour Relations Officers; inspectors appointed under the NSSA Act and the Designated Agents employed by the NEC; and other types of inspections carried out by each of these three categories of inspectors.

Article 22, paragraphs 1 and 2. Please specify the legal provisions which empower the Labour Relations Officers, inspectors appointed under the NSSA Act and the Designated Agents employed by the NEC to institute legal proceedings without previous notice as well as those which give them the discretion to give warning and advice instead of instituting or recommending proceedings.

Article 23. Please confirm whether the Designated Agents employed by the NEC are themselves authorized to institute proceedings and, if so, indicate the relevant legal provisions.

Article 25, paragraph 1. Please specify the legal provisions establishing the duty of Labour Relations Officers, inspectors appointed under the NSSA Act and Designated Agents employed by the NEC respectively, to submit periodical reports on the results of their activities in agriculture to the central inspection authority.

Article 25, paragraph 2. The Committee asks the Government to provide information on the manner of drafting reports; on the subjects dealt with; and the frequency of their submission.

Article 26. The Committee notes that no annual report on the work of the inspection services in agriculture seems to be published. The Committee requests the Government to indicate the measures taken or envisaged to bring national legislation into conformity with this Article. In order to facilitate the task of the Government to prepare the annual report the Committee would like to draw its attention to the fact that a sample of an annual general report of the Labour Inspection Services is provided in Appendix III to the 1985 General Survey on labour inspection.