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Labour Administration Convention, 1978 (No. 150) - Lesotho (RATIFICATION: 2001)

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Labour law review. Following its previous comment, the Committee notes the Government’s indication in its report that the Labour Draft Bill 2021, that has been developed with the assistance of the ILO, will soon be transmitted to the Office of the Attorney-General for certification upon editing by the Office of Parliamentary Counsel. Taking note of this information, the Committee requests the Government to continue to provide information on the progress made with the review of the national labour legislation and to supply a copy of the relevant legislative texts, once they have been adopted.
Articles 4 and 10 of the Convention. Organization, staff and material resources of the labour administration system. The Committee previously noted the Government’s reference to persisting problems relating to the organization of the labour administration system, in particular the distribution of functions between the Labour Department and the Occupational Safety and Health Directorate. The Committee also noted that a plan of the Ministry of Labour and Employment was meant to provide for an increase in the number of labour inspectors and the establishment of a separate inspection unit at the Ministry of Labour. The Committee notes the Government’s indication that the Ministry of Labour & Employment initially intended to engage 120 labour inspectors, but due to the lack of space to accommodate them and the outbreak of COVID-19, which impacted on the economy of the State, only 14 labour inspectors were engaged on a 3 year basis. The Government indicates that the recruitment of more inspectors is planned, as well as the restructuring of the Ministry.
The Committee further notes that in July 2019, three labour inspectors participated in a Basic Labour Market Training that was held at the African Regional Labour Administration Centre with the purpose to assist the inspectors to appreciate the dynamics of the labour market. In addition, it notes that the Acting Inspections Manager and the Senior Legal Officer underwent a two months online Skills Dimensions of Labour Migration course offered by the ILO. The Committee notes that the Government has not provided a reply in relation to the distribution of functions between the Labour Department and the Occupational Safety and Health Directorate. The Committee requests once again the Government to provide information on the measures taken to improve the organization and coordination of the labour administration system, including on the ministerial restructuring and its impact on the labour administration system. It further requests that the Government provide information on the measures taken or contemplated to ensure that the labour administration system has adequate material resources and that the staff has the status and working conditions necessary for the effective performance of their duties. Finally, the Committee requests the Government to continue to provide information on the engagement of additional labour inspectors and on any training given to labour administration staff (subjects covered, numbers of participants, duration and frequency).
Articles 5 and 6. Employment policy and tripartite consultation. Following its previous comment, the Committee notes the Government’s indication that the development of the National Employment Policy has been put on hold. The Government indicates that the Ministry of Labour & Employment advocated for the development of a single labour policy, which would be translated into various strategies, including an employment strategy that would replace the national employment policy. Noting that the adoption of the national employment policy has been pending for many years, the Committee requests the Government to provide information on progress made and obstacles encountered in the adoption and implementation of the national labour policy, including the employment strategy, and to supply a copy once it has been adopted. It also requests the Government to provide information on the consultations held in this regard.
Article 7. Gradual extension of the functions of the labour administration system. The Committee notes that the Government’s report refers to a study on the informal sector, which, however, was not transmitted with the Government report. The Committee requests the Government to indicate how the study on the informal economy will be used to formulate a policy on the extension of the scope of the labour administration system to this sector. It also requests the Government to provide a copy of the study.
Application of the Convention in practice. Following its previous comment, the Committee takes note of the annual report of the Directorate of Dispute Prevention and Resolution (DDPR) (2019–20) sent by the Government with its report. The Committee notes that the DDPR faced two major challenges, namely limited financial resources and the COVID-19 pandemic, resulting in particular in a shortage of human resources and a lack of material resources. In this regard, the Committee notes that, among others, the activities in the area of prevention of disputes, consisting of training workshops, radio programmes and the issuance of educational pamphlets, have been compromised by this lack of resources. It further notes that in the area of dispute resolution, the Department has encountered difficulties due to the limited number of arbitrators, which has increased the number of pending cases, and also due to the grievance that has been lodged as a result of the reduction in their remuneration. It notes, however, that arbitrators who had been working on fixed-term contracts are now on indefinite contracts. The Committee requests the Government to provide information on the measures taken to strengthen the dispute prevention and resolution system and to address the difficulties mentioned. It further requests the Government to continue to furnish extracts of reports or other periodic information provided by the principal labour administration services.

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Labour law review. The Committee notes the Government’s indications that the ILO provided technical assistance to members of the tripartite national task team in charge of the review of the national labour legislation. The Committee requests the Government to provide information on the progress made with the review of the national labour legislation, and supply a copy of the relevant legislative texts, once they have been adopted.
Articles 4 and 10 of the Convention. Organization, staff and material resources of the labour administration system. The Committee previously noted the Government’s reference to persisting problems relating to the organization of the labour administration system, in particular the distribution of functions between the Labour Department and the Occupational Safety and Health Directorate. It further noted the Government’s indication that certain labour administration posts are filled on the basis of temporary contracts or are not filled at all owing to unattractive working conditions in the public sector. The Government also referred to insufficient training, inadequate transport facilities and the dependence of the Ministry of Labour and Employment on the resources allocated to it by the Ministry of Finance.
The Committee notes that the Government has not provided a reply in relation to its previous request under the above Articles, or on the follow-up given to the previously announced plans to recruit a computer specialist to run an electronic labour administration management system. However, the Committee notes the indication made by the Government in its report on the application of the Labour Inspection Convention, 1947 (No. 81) that a plan of the Ministry of Labour and Employment provides for an increase in the number of labour inspectors and the establishment of a separate inspection unit at the Ministry of Labour. The Committee once again requests that the Government provide information on the measures taken to improve the organization and coordination of the labour administration system, and on the impact of the measures. It further requests that the Government provide information on the measures taken or contemplated to ensure that the labour administration system has adequate material resources and that the staff has the status and working conditions necessary for the effective performance of their duties. The Committee also requests that the Government provide information on any training given to labour administration staff (subjects covered, number of participants, duration and frequency).
Articles 5 and 6. Employment policy and tripartite consultation. The Committee notes the Government’s indication, in reply to its previous request concerning the progress made in this regard, that a national employment policy was presented before the National Advisory Committee on Labour (NACOLA). It further notes that the NACOLA made observations and the ILO made comments in relation to this policy. According to the Government, these observations and comments were in the process of being incorporated in the national employment policy, which was expected to be submitted to Cabinet in September 2015. The Committee requests that the Government continue to provide information on progress made concerning the adoption and implementation of a national employment policy and to supply a copy once it has been adopted.
Article 7. Gradual extension of the functions of the labour administration system. The Committee notes that the Government’s report once again does not contain any information on the application of this provision of the Convention. With reference to its previous comments, the Committee therefore once again requests that the Government provide information on the measures taken to conduct the study on the informal sector referred to in the Government’s first report, so that the authorities can formulate a policy on the extension of the scope of labour standards to this sector.
Application of the Convention in practice. Noting that the requested information has not been received, the Committee once again asks the Government to provide extracts of any reports or other periodic information provided by the principal labour administration services, as referred to in Paragraph 20 of the Labour Administration Recommendation, 1978 (No. 158) (for example, the Labour Department, the National Employment Service, the Directorate of Dispute Prevention and Resolution (DDPR), the Occupational Safety and Health Directorate, the labour inspectorate, etc.), as well as information on any practical difficulties encountered in the application of the Convention.

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The Committee notes the Government’s report received at the ILO on 8 October 2010.
Article 4 of the Convention. Organization of a system of labour administration. The Government indicates that, as part of a project to improve the labour administration system in southern Africa launched in Lesotho by the ILO in 2004, the principal labour legislation has been revised and the National Advisory Committee on Labour (NACOLA) is currently engaged in the last reading of the document before its submission to Parliament. In addition, transport facilities (motor cycles) were made available to labour inspectors in May 2010. Finally, the Ministry is considering the possibility of hiring a specialist to run a computer management system. However, despite the restructuring of the Ministry of Labour under a project launched in 2004, problems relating to the organization of the labour administration system persist. The Government refers in particular to those connected with the distribution of functions between the Labour Department and the Occupational Safety and Health Directorate. The Government indicates that it has therefore requested an ILO audit of its labour administration system in order to provide technical assistance to ensure that its functions are properly coordinated. The Committee requests the Government to continue to supply information on the measures taken in the context of ILO technical assistance relating to the organization and coordination of the labour administration system, and on the impact of the measures. It hopes that the draft revision of the labour legislation will be adopted shortly and requests the Government to keep the ILO informed of any progress made in this respect.
Article 5. Tripartite consultation. The Committee notes the information sent by the Government regarding the tripartite consultation bodies and their activities. The Committee requests the Government to send the ILO extracts of any reports submitted by NACOLA, the Wages Advisory Board, the Directorate of Dispute Prevention and Resolution (DDPR), etc., and indicate to what extent these bodies’ opinions are taken into consideration and the impact thereof.
Articles 5 and 6. Employment policy and tripartite consultation. The Government indicates that the national employment policy has not yet been adopted and that the Ministry of Labour and Employment consults other ministries, including the Ministry of Finance. It also indicates that it has decided to approach the ILO for technical assistance on this matter. The Committee requests the Government to keep the ILO informed of all progress made on the adoption and implementation of a national employment policy under the responsibility of the Ministry of Labour and to send all relevant texts. It also requests the Government to clarify whether NACOLA has been consulted on this subject and, if so, what was the result of the consultations.
Article 7. Gradual extension of the functions of the labour administration system. The Committee notes that the Government’s report does not contain any information on the application of this provision of the Convention. With reference to its previous comments, the Committee again requests the Government to send the ILO information on the measures taken to ensure that the informal sector referred to in the Government’s first report is analysed so that the authorities can formulate a policy to extend the scope of labour standards to this sector. It requests the Government to report on any other measure taken or contemplated with a view to extending the functions of the labour administration system to workers such as those specified in Article 7(a) and (d) of the Convention who are not, in law, employed persons.
Article 10. Staff and material resources of the labour administration system. The Committee notes that, according to the Government, certain labour administration posts are filled on the basis of temporary contracts or are not filled at all owing to the fact that conditions of work in the public sector are unattractive, training is poorly organized and structured, transport is inadequate and the Ministry operates on the basis of the resources allocated by the Ministry of Finance. It also notes the Government’s indication that the procedure for recruitment to the public service comprises an initial selection of the candidates by the ministries concerned and interviews held by the Public Service Commission. Finally, it notes the information supplied by the Government on the existence of the “Better work” project funded by the United States Department of Labor with ILO technical assistance, in the context of which training of inspectors is also envisaged. The Committee recalls that, according to Article 10 of the Convention, staff of the labour administration system shall be composed of persons who are suitably qualified for the activities to which they are assigned, who have access to training necessary for such activities and who are independent of improper external influences, and shall also have the status, the material means and the financial resources necessary for the effective performance of their duties.
The Committee requests the Government to provide information on all measures taken or contemplated, including seeking to secure financial resources at national level and in the context of international cooperation, to ensure that the labour administration system has suitably qualified staff and adequate material resources to operate effectively and that labour administration staff have the status and conditions of work necessary for the effective performance of their duties.
The Committee also requests the Government to supply information on the impact of the “Better work” project on the labour administration. Recalling in particular that, in its comments under Convention No. 81, it expressed its concern at the inadequacies of the labour inspection system, the Committee would be grateful if the Government would send information on any training given to labour inspectors and other labour administration staff and the impact thereof.
Part IV of the report form. Application of the Convention in practice. The Committee again asks the Government to send the ILO extracts of any reports or other periodic information provided by the principal labour administration services, as referred to in Paragraph 20 of Recommendation No. 158 (for example, the Labour Department, the National Employment Service, the DDPR, the labour inspectorate, etc.), and also information on any practical difficulties encountered in the application of the Convention.

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The Committee notes the Government’s report received on 17 November 2008. It would be grateful if the Government would provide particulars concerning the following points.

Article 4 of the Convention. Organization of the labour administration system. According to the Government, the Ministry of Labour has undergone restructuring since 2004, but the labour administration system was still poorly organized. The Committee would be grateful if the Government would provide the ILO with detailed information on measures taken or foreseen to ensure the organization and effective operation of a system of labour administration, the functions and responsibilities of which are properly coordinated.

Article 5. Tripartite consultation. In its first report, received at the ILO in January 2005, the Government indicated that the Ministry of Employment and Labour holds consultations with the social partners on different issues relating to employment and labour, and referred in this regard to the National Advisory Committee on Labour (NACOLA), a tripartite statutory body which advises the Ministry on broad labour issues, legislation, working conditions, international labour conventions to be ratified by Lesotho, etc. In reply to the 2007 direct request under this Convention, the Government refers to the report under Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), which the Committee notes that it does not contain the information requested and deals with matters concerning the activities of the International Labour Organization. In paragraphs 167 and 168 of its General Survey of 1997 on labour administration, the Committee clarified that Convention No. 150 requires from the Government that employers and workers and their organizations participate actively alongside the public authorities in the design and implementation of the national labour policy, and that this participation by the social partners takes three forms: consultation of employers and workers by the public authorities within a body established in law with a mandate to put forward views; cooperation in actually managing certain labour administration activities, enabling the social partners to play an active role in tripartite cooperation; and negotiation of national agreements between public administration and employers’ and workers’ organizations. The Committee stressed, in addition, that more than just users of the labour administration system, employers and workers are active participants, even in designing and managing its activities. In light of these clarifications, asking once again the Government to provide examples of questions addressed by the NACOLA and to indicate the extent to which they were taken into account, the Committee would also be grateful if the Government would give details on any other tripartite body in charge of tripartite consultation, as well as on any form of tripartite cooperation and negotiation in the area of national labour administration activities.

Article 6, paragraph 2(a). Employment policy. According to the Government, no progress has been made on the establishment of the National Employment Policy, the latest draft having not been adopted in the absence of a proper body designed to monitor its implementation. However, the Committee notes in the document entitled “Status of the Employment Policy” attached to the report, the indication of a national employment policy drafted in 2006 and institutional arrangements at the stage of finalization. The Committee would be grateful if the Government would clear up the situation with regard to the adoption of a national employment policy. In case it has already been adopted, the Committee would be grateful if the Government would communicate to the ILO a copy of it and information on any relevant developments on its implementation.

Article 7. Progressive extension of the functions of the system of labour administration. Referring to paragraphs 128–137 of its abovementioned General Survey on labour administration, the Committee recalls that the question of extending labour administration activities to workers who are not employed persons has become very important in many countries and that the informal sector has become increasingly important, concerning many of the workers mentioned in Article 7(a)–(d) of the Convention and accounting for a substantial part of the economy of many developing countries. The Committee would be grateful if the Government would provide the ILO with information on measures taken to conduct the study on the informal sector mentioned by the Government in its first report, the purpose of which is to allow the Government to formulate a policy on the extension of the scope of labour standards to the informal sector. It also asks it to indicate any further measures taken or envisaged to extend the functions of the system of labour administration to workers who are not, in law, employed persons, such as those listed in Article 7(a)–(d) of the Convention.

Article 10. Staff and material resources of the system of labour administration. According to the Government, only three positions of labour officer have been funded in the districts of Maseru, Leribe and Mafeteng, the Ministry of Labour being still experiencing a serious problem with lack of sufficient financial resources, transport and high staff turnover. The Committee asks once again the Government to communicate to the ILO information concerning the criteria for the recruitment of the staff of the labour administration system, their composition, status, conditions of service and training. The Committee would also be grateful if the Government would indicate any measures taken or envisaged to secure sufficient financial resources, staff and transport facilities in order to ensure the effective operation of the labour administration system, including the possibility of international financial assistance to this end.

Part IV of the report form. Application of the Convention in practice. Referring to its 2008 direct request relating to the Labour Inspection Convention, 1947 (No. 81), on labour inspection, particularly under Articles 19, 20 and 21, the Committee asks the Government again to send to the ILO extracts of any reports or other periodic information provided by the principal labour administration services concerning the application of the Convention in practice.

Part V of the report form. Technical cooperation. According to the Government, the Improving Labour System in Southern Africa project to improve labour administration in Lesotho was launched by the ILO in 2004 and transport facilities were donated to the ministry in the framework of the project. The Committee would be grateful if the Government would provide the ILO with detailed information on the implementation of the abovementioned project and on its concrete impact on the labour administration system as a whole.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the Government’s first report on the application of the Convention. In order to assess more accurately the effect given to the Convention, it would be grateful if the Government would provide in its next report additional information on the following points.

1. Organization of the system of labour administration. Please provide the organization chart for the Ministry of Labour and Employment. Please indicate the arrangements made to ensure the effective operation, and the coordination of the functions and responsibilities of the system of labour administration, in accordance with Article 4 of the Convention.

2. Tripartite consultation. Please provide examples of questions included on the agenda of the National Advisory Committee on Labour (NACOLA), indicating any opinions issued by the Committee and the manner in which they were taken into account (Article 5).

3. Employment policy. Please provide detailed information on the nature and volume of activities of the National Employment Service. Please indicate the progress made in the establishment of a national employment policy, taking into account relevant international labour standards (Article 6, paragraph 2(a) and (b)).

4. Technical advice to employers and workers. In so far as this information has not yet been provided in the report on the application of Convention No. 81, please indicate the manner in which the labour administration responds to requests for technical advice from employers and workers, as well as from their respective organizations, in accordance with Article 6, paragraph 2(d), of the Convention.

5. Progressive extension of the system of labour administration. Please transmit the conclusions of the planned survey on the informal sector and describe any measures taken or envisaged with a view to extending the scope of application of labour legislation to workers in the informal economy (Article 7).

6. Staff and material resources of the system of labour administration. Please describe the measures taken or envisaged to overcome the serious shortcomings identified by the Government with regard to training and the conditions of service of the staff of the labour administration system, as well as the material and financial resources allocated to them for the performance of their duties (Article 10).

7. Application of the Convention in practice. Please provide extracts of any reports or other periodic information provided by the principal labour administration services concerning the application of the Convention in practice (Part IV of the report form).

8. Technical cooperation. Please provide any useful information on technical cooperation for which the ILO is the executing agency with regard to labour administration, indicating the impact that is expected or noted (Part V of the report form).

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The Committee notes with interest the Government’s first report on the application of the Convention. In order to assess more accurately the effect given to the Convention, it would be grateful if the Government would provide in its next report additional information on the following points.

1. Organization of the system of labour administration. Please provide the organization chart for the Ministry of Labour and Employment. Please indicate the arrangements made to ensure the effective operation, and the coordination of the functions and responsibilities of the system of labour administration, in accordance with Article 4 of the Convention.

2. Tripartite consultation. Please provide examples of questions included on the agenda of the National Advisory Committee on Labour (NACOLA), indicating any opinions issued by the Committee and the manner in which they were taken into account (Article 5).

3. Employment policy. Please provide detailed information on the nature and volume of activities of the National Employment Service. Please indicate the progress made in the establishment of a national employment policy, taking into account relevant international labour standards (Article 6, paragraph 2(a) and (b)).

4. Technical advice to employers and workers. Insofar as this information has not yet been provided in the report on the application of Convention No. 81, please indicate the manner in which the labour administration responds to requests for technical advice from employers and workers, as well as from their respective organizations, in accordance with Article 6, paragraph 2(d), of the Convention.

5. Progressive extension of the system of labour administration. Please transmit the conclusions of the planned survey on the informal sector and describe any measures taken or envisaged with a view to extending the scope of application of labour legislation to workers in the informal economy (Article 7).

6. Staff and material resources of the system of labour administration. Please describe the measures taken or envisaged to overcome the serious shortcomings identified by the Government with regard to training and the conditions of service of the staff of the labour administration system, as well as the material and financial resources allocated to them for the performance of their duties (Article 10).

7. Application of the Convention in practice. Please provide extracts of any reports or other periodic information provided by the principal labour administration services concerning the application of the Convention in practice (Part IV of the report form).

8. Technical cooperation. Please provide any useful information on technical cooperation for which the ILO is the executing agency with regard to labour administration, indicating the impact that is expected or noted (Part V of the report form).

[The Government is asked to report in detail in 2007.]

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