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Labour Administration Convention, 1978 (No. 150) - Namibia (RATIFICATION: 1996)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

Labour inspection: Convention No. 81

The Committee notes the Government’s first report.

Article 4. Supervision and control of a central authority. The Government indicates that the labour inspection system is placed under the supervision and control of the Ministry of Labour, Industrial Relations and Employment Creation (MLIREC) for matters relating to conditions of employment and occupational safety and health, and the Ministry of Mines and Energy (MME) for, more specifically, occupational safety and health in the mining sector. The Government adds that it is developing a national inspection policy, which will provide guidance for inspection in all sectors, including the mining sector. The Government indicates that the policy is at an advanced approval stage. The Committee requests the Government to provide more information on the content and scope of the national inspection policy and to supply a copy of it once adopted.

Article 5. Effective cooperation between the inspection services and collaboration between the labour inspectorate and employers and workers or their organizations. The Government indicates that three Ministries (MLIREC, MME, and the Ministry of Health and Social Services (MHSS)) drafted a memorandum of understanding aimed at strengthening collaboration and cooperation in relation to occupational safety and health, including workplace inspection and accident investigation, and contributing to the prevention of occupational accidents and diseases. The Government adds, however, that the memorandum of understanding has not yet been signed. The Committee requests the Government to provide further information on the memorandum of understanding and the impact of the cooperation between ministries. It also requests the Government to provide information on the collaboration between the ministries responsible for labour inspection and the employers’ and workers’ organizations.

Article 9. Duly qualified technical experts and specialists. The Government indicates that the MHSS is responsible for occupational health in all sectors, with the OSH Regulations relating to the Health and Safety of Employees at Work that provide for the Chief Medical Officer of Occupational Health being notified and/or consulted in specific situations. According to the Government, should a need arise, the Chief Medical Officer may join workplace inspections relating to safety and health. The Committee requests the Government to provide further details as to the measures taken to give effect to Article 9, including the extent to which the staff carrying out inspection visits include other technical experts and specialists in the fields mentioned in Article 9, or in related technical fields. To the extent that technical experts and specialists are not included in the staff carrying out inspection visits, the Committee requests the Government to give particulars as to the arrangements made to ensure that such experts and specialists are associated in the work of inspection.

Article 10. Sufficient number of labour inspectors. The Government indicates that the Directorate of Labour Services in the MLIREC is comprised of two divisions, namely the Labour Inspectorate (LI) Division and the Occupational Safety and Health (OSH) Division. The Government indicates that the Directorate structure consists of 163 positions; however, only 89 (28 OSH and 61 LI) are funded at this time, while 74 are not funded (20 OSH and 54 LI). The LI Division, which inspects the compliance of the conditions of employment, has a workforce of 57 filled positions of labour inspectors out of 61 funded positions, while the OSH Division has 25 filled positions out of 28 funded positions. The Government indicates that the MME, which is responsible for inspecting safety and health in the mining sector, is comprised of one Chief Inspector of Mines and six safety and health inspectors. The Government indicates that difficulties exist in practice, including limited human and financial resources to fully carry out the purpose of the Convention. The Committee requests the Government to provide information on the measures taken to fund and fill the remaining labour inspector positions, and to continue to provide information on the number of labour inspection positions that are filled. It also requests the Government to indicate how it ensures that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspection service.

Article 12(1)(a). Right of labour inspectors to enter freely workplaces liable to inspection. The Committee notes that section 125(2)(a)(i) of the Labour Act provides that a labour inspector may, at any reasonable time, enter any premises and direct that the premises or any part of it must not be disturbed as long as it is reasonably necessary to search the premises. With reference to Article 12(1)(a), the Committee requests the Government to provide information on the application in practice of section 125(2)(a) of the Labour Act, and to indicate whether labour inspectors are empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee also requests the Government to provide information on the number of inspection visits conducted by the LI and OSH Divisions, including separately the number of announced and unannounced inspection visits.

Article 13. Powers related to occupational safety and health enforcement. The Committee notes that section 126(1) of the Labour Act provides that an inspector who has reasonable grounds to believe that an employer has not complied with a provision of the Act may issue a compliance order. The employer is then required to comply with the order (section 126(2)) or may appeal to the Labour Court within 30 days after receiving it (section 126(3)). The Government indicates that a practical difficulty encountered is the absence of power to take measures with immediate executory force in the event of imminent danger to the health or safety of workers, as provided for in Article 13 of the Convention. In order to strengthen the current provisions of the Labour Act, the Government indicates that an amendment was proposed by a Tripartite Task Force to provide for the issuance of a prohibition notice, whereby an inspector, who is of the opinion that a particular work activity, process or machinery threatens or is likely to threaten the health or safety of an employee or any other person, may issue a notice requiring the employer to cease such activity, process or use of machinery. The Committee requests the Government to provide information on any measures adopted in order to give full application to Article 13, including any developments concerning legislative amendments proposed to the Labour Act by the Tripartite Task Force or other entities, and to supply a copy of the revised legislative text once it is adopted.

Article 15. Obligations of labour inspectors. With respect to Article 15(b), the Committee notes that section 27 of the Regulations relating to the Health and Safety of Employees at Work provides that no person performing any duty or function in terms of the Labour Act or its regulations shall, otherwise than in the performance of his or her duties, reveal any manufacturing or commercial secret which may at any time come to his or her knowledge in the course of the performance of his or her duties.The Committee notes that no additional information was provided on the application of Article 15. The Committee therefore requests the Government to provide information on how it ensures that labour inspectors do not have any conflict of interest, whether direct or indirect, in the workplaces under their supervision (Article 15(a)), and how it ensures the confidentiality of complaints (Article 15(c)).

Article 16. Undertaking inspections as often as necessary. The Government indicates that measures are taken to carry out workplace inspections in terms of routine, complaint-based and special inspections. Special inspections are carried out when there is a concern in a specific sector or geographic area. The Government indicates that, ideally, every workplace should be inspected every year; however, due to limited resources, safety and health inspections are currently prioritized in high-risk sectors and where complaints are submitted. With respect to occupational health and safety standards, the Committee notes from the 2019-20 Annual Report of the Labour Services Directorate that 642 workplace inspections were conducted out of the 1,170 targeted inspections, thus achieving 55 per cent of the set target. The report also mentions that the total number of inspections dropped by 12 per cent compared to the previous financial year. The Committee requests the Government to continue to provide information on measures taken to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. It also requests the Government to provide statistics on the number of inspections undertaken in each year, by type of inspection (routine, complaint-based and special inspections).

Articles 17 and 18. Adequate penalties imposed and effectively enforced. The Government indicates that section 127 of the Labour Act provides for offences in relation to inspectors, including violations of legal provisions. Section 127(1)(a) refers to hindering or obstructing labour inspectors in the performance of their duties and the penalties thereof. Section 127(2) of the Labour Act states that a person convicted of an offence is liable to a fine not exceeding N$10,000 (approximately US$600) or to imprisonment for a period not exceeding two years, or to both the fine and imprisonment. The Committee notes that, with respect to child labour, section 3(4)(6) of the Labour Act provides for a fine not exceeding N$20,000 (approximately US$1,200) or to imprisonment for a period not exceeding four years, or to both the fine and imprisonment. Fines and maximum period sentences in relation to the forced labour provision (section 4(3) of the Labour Act) are the same as for child labour. The Government indicates in its report that OSH regulations also provide for penalties for violations; however, the Government indicates that the punitive measures are too lenient to serve as a deterrent. The Committee notes in this regard that most fines specified in the regulations are not exceeding N$2,000, (approximately US$120). The Committee requests the Government to provide information on any measures taken or envisaged to increase the applicable fines and other penalties provided in the legislation, with particular reference to the OSH regulations. It also requests the Government to provide detailed information on the nature and number of violations detected in the course of inspections, any subsequent penalties applied, and the results of any cases referred to the courts.

Articles 20 and 21. Annual report on the work of the inspection services. The Committee notes the 2019-20 Annual Report of the Labour Services Directorate, communicated with the Government’s report. It notes that the report does not contain information on: (i) statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); (ii) statistics of violations and penalties imposed (Article 21(e)); and (iii) statistics of occupational diseases (Article 21(g)). The Committee requests the Government to indicate any steps taken or envisaged in order to publish a labour inspection report containing detailed information on all the items listed in Article 21(a)–(g) of the Convention. The Committee also requests the Government to ensure that annual reports are transmitted to the ILO, in accordance with Article 20(3).

Labour administration: Convention No. 150

Technical assistance. Labour administration and inspection needs assessment. In reply to the Committee’s previous comment, the Government indicates that it has implemented some of the recommendations of the 2011 needs assessment, including the ratification of the Labour Inspection Convention, 1947 (No. 81), and the Employment Policy Convention, 1964 (No. 122), both ratified in September 2018. It indicates that the Labour Inspection (Agriculture) Convention, 1969 (No. 129), is still being considered for ratification. The Government indicates that, due to budgetary constraints, some recommendations had not yet been implemented. The Committee requests the Government to continue to provide information on the steps taken with a view to the application in law and practice of the provisions of the Convention, in light of the remaining recommendations of the 2011 needs assessment.

Article 4 of the Convention. Organization, effective operation and coordination of the functions and responsibilities of the labour administration system. The Government indicates that the Ministry of Labour, Industrial Relations and Employment Creation (MLIREC) was given the mandate of employment creation as of 2015 and thus the coordination of employment creation efforts in the country. It adds that, although the new organizational structure of the Ministry is not fully implemented, the Ministry continues to deliver on its mandate of coordinating employment creation efforts and regulating the labour market, in accordance with labour and employment laws. The Committee requests the Government to provide information on the steps taken to ensure the effective operation and coordination of the services of the labour administration system, including through the improved organizational structure of the Ministry.

Articles 5 and 6. Tripartite consultation, cooperation and negotiation within the system of labour administration at national, regional and local levels. Preparation, administration, coordination, checking and review of national labour policy. The Government indicates that, at the Southern African Development Community (SADC) level, a model framework for national social dialogue institutions in the SADC is being developed. It adds that, once the model framework is finalized, it will ensure that the current Labour Advisory Council is aligned to the SADC model framework. The Committee requests the Government to provide information on the SADC model framework and to supply a copy of that framework once finalized. It also requests detailed information on the measures taken to ensure appropriate arrangements for social dialogue, including an evaluation of the possibility of a national and regional tripartite social dialogue model. With reference to its previous comments concerning employment promotion measures and the impact of those measures, the Committee refers to its comments on the Employment Policy Convention, 1964 (No.122).

Article 7. Progressive extension of the functions of the labour administration system to workers who are not, in law, employed persons. The Government indicates that there is no information available on the progressive extension of the functions of the labour administration to individuals who are not, in law, employed persons. The Committee previously noted from the 2014 Labour Force Survey that 41.1 per cent of the population was estimated to work in the informal sector. According to the 2018 Labour Force Survey, 57.7 per cent of the employed population are in informal employment, with 54.1 per cent of men and 61.2 per cent of women. Noting the high levels of informal employment in the country, the Committee requests the Government to indicate the measures taken or considered to extend the functions of the system of labour administration to workers listed in paragraph (a) to (d) of Article 7.

Article 10. Human resources and material means of the labour administration services. The Government indicates that the total staff of the MLIREC is 649 positions. It adds that only 353 positions are filled as of 31 August 2021. The allocation of the National Budget to the labour administration system for 2021-22 was N$162,692,000 (approximately US$10,900,000). The Government indicates that all staff members are provided with ventilated offices with enabling facilities (i.e. computers, internet, telephones, photocopy/fax machine) and transport facilities. Moreover, all staff members have personal development plans and training interventions are based on these plans. In reply to the Committee’s previous comments on the criteria to determine whether a labour inspector is unfit to perform his/her duties, and the number of cases of which labour inspectors were suspended, dismissed or moved to other duties, the Government indicates that the Minister’s appointment of labour inspectors is subjected to or informed by the Public Service Act. Section 124(3) of the Labour Act provides that the Minister may suspend or withdraw an appointment made in terms of subsection (1). In the event that the labour inspector is not fit to perform duties, the Public Service Staff Rule on Misconduct and Disciplinary Action specifies procedures and any punitive measures to be applied if the labour inspector is found guilty. The Government indicates that no cases of labour inspectors suspended, dismissed or moved to other duties were reported on the basis of being unfit to perform their duties. The Committee requests the Government to provide information on the steps taken to ensure that the nearly 300 vacant positions in MLIREC are filled. It also requests the Government to provide more detailed information on the training provided to the staff of the labour administration services, including the subjects covered, number of participants, and dates for sessions. Regarding the audit of the staff situation of the labour administration services, the Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Application of the Convention in practice. The Committee notes that the report of the Labour Advisory Council for 2019-20 was communicated by the Government, as an annex to its report. The Government also indicates that the Wages Commission only operates when the Minister appoints commissioners to investigate wages. In 2021, commissioners were appointed to investigate and report to the Minister on a possible introduction of a minimum wage. Commissioners were expected to submit the report by the end of September 2021. The Committee notes from the Labour Advisory Council’s report that the Council experienced key challenges that range from capacity of the Secretariat to prepare and deliver meeting documents on time, to capacity of standing Committees (Dispute Prevention and Resolution, and Essential Services) and other ad hoc Committees to produce and submit to the Council the required research documents for deliberations, decisions and advice to the Minister. Issues of quorum both at Council and Committee levels were noted as a setback in implementing outreach programmes to social partners, especially on matters affecting harmonious labour relations, understanding and appreciation of labour rights, and knowledge and application of the Labour Act. The Committee once again requests the Government to provide extracts of reports or other periodical information of the above-mentioned bodies, including the report of the Wage Commission and, where applicable, information on any practical difficulties encountered and measures adopted to overcome them.

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Technical assistance. Labour administration and inspection needs assessment. The Committee notes that a labour administration and inspection needs assessment (hereinafter: the 2011 needs assessment) was conducted by the ILO in 2011, following a request for technical assistance by the Government. It notes that this needs assessment contained recommendations that concern the application of this Convention. The Committee requests that the Government indicate the steps taken or envisaged with a view to the application in law and practice of the provisions of the Convention, in light of the recommendations made in the 2011 audit, and to provide a copy of any texts adopted in this regard.

Article 4 of the Convention. Organization, effective operation and coordination of the functions and responsibilities of the labour administration system. The Committee notes that the 2011 needs assessment recommended a review of the organizational structure of the Ministry of Labour and Social Security in order to systematically structure its key mandates (labour, employment, inspection, industrial relations and social protection). In this regard, the needs assessment also recommends that the Ministry should play a stronger role in coordinating issues related to labour policy, especially for the creation of decent job opportunities. Moreover, inter-ministerial and inter-departmental cooperation should be strengthened and the regional structure reviewed to improve the coverage by the services of the Ministry. The Committee requests that the Government provide information on any steps taken or envisaged to implement the recommendations in the 2011 needs assessment concerning the organization, effective operation and coordination of the services of the labour administration system.

Article 5. Tripartite consultation, cooperation and negotiation within the system of labour administration at national, regional and local levels. The Committee notes that the 2011 needs assessment recommends the formulation, after consultation with representative social partners’ organizations, of the Ministry’s industrial relations policy. Moreover, the needs assessment recommended that, in consultation with the most representative employers’ and workers’ organizations, a discussion on the model of national and regional tripartite social dialogue appropriate for Namibia, be launched. It was recommended that this include an evaluation of the current functioning of the Labour Advisory Council, its competencies and working methods. The Committee requests that the Government provide information on any measures taken in order to follow up these recommendations.

Articles 5 and 6. Preparation, administration, coordination, checking and review of national labour policy. The Committee previously noted that the 2008 Labour Force Survey called for the development of more effective policies for job creation in collaboration with the social partners to address the unemployment rate which varied from 64.9 per cent in rural areas to 36.4 per cent in urban ones (including the urgent need for Government intervention to promote youth employment). In this respect, the Committee notes that the 2011 needs assessment recommended the development of an active labour market policy by the Ministry of Labour and Social Security addressing both the high unemployment rate and the lack of qualified workers and, for this purpose, the strengthening of the Ministry both in terms of staff of employment services and budget for labour market programmes.

The Committee notes the Government’s indication in its report that one of the three overarching goals of the current National Development Plan for the period until 2016–17 is employment creation, and that a reduction in the unemployment rate in recent years has been achieved (according to the information in the 2014 Labour Force Survey available on the internet, the unemployment rate in Namibia dropped to 28.1 per cent in 2014). The Committee further notes from the information provided by the Government that: (i) the development budget has increased by about 15.9 per cent; (ii) the State Owned Enterprises (SOE) were funded for investment in flagship infrastructure projects; and (iii) SOEs have been engaged in consultations on labour policy with a view to addressing the current status of labour relations in these enterprises. The Committee requests that the Government provide detailed information on the employment promotion measures of the Ministry of Labour and Social Security (including on the adoption of a national employment policy, the allocation of budget for labour market programmes and the number and qualification of staff working within the labour employment services). It also requests that the Government provide information on the impact of these measures, including on the employment rate of vulnerable categories of workers, including women, young persons, older workers and the long-term unemployed. The Committee further requests that the Government provide information on the consultations undertaken with the social partners in this respect.

Article 7. Progressive extension of the functions of the labour administration system to workers who are not, in law, employed persons. In its previous comments, the Committee noted that, according to the Government, self-employed persons could register with the social security authorities under section 2(2) of Act No. 34 of 1994. The Committee notes from the information in the 2014 Labour Force Survey that 41.1 per cent of the population are estimated to work in the informal sector. It further notes that the Government indicates that the extension of the functions of the labour administration to “workers” who are not, in law, employed persons is not currently envisaged. The Government states that once workers who are regarded as employed person by the law are fully covered by the labour administration system, its functions may be gradually extended to the “workers” mentioned in Article 7(a)–(d). The Committee requests that the Government continue to provide information in this regard.

Article 10. Human resources and material means of the labour administration services. The Committee welcomes the information provided by the Government concerning a further increase in the number of labour inspectors (from 81 to 111 at the Labour Inspectorate Division and from 25 to 47 at the Occupational Health and Safety Division). It also notes the Government’s indication that labour inspectors are public servants and that their conditions of service including recruitment and remuneration are governed by the Public Services Act (No. 13 of 1995). In reply to its previous request, the Committee notes that the Government indicates that the Minister may suspend or withdraw the appointment of labour inspectors if they are not fit to perform their duties under the Public Services Act, but it does not provide the requested information on relevant examples.

The Committee also notes the indication of the Government that 10.4 per cent of the total operational spending of the national budget is allocated to the national administration as a whole and that the Government does not specify the amount dedicated to labour administration. It further notes the recommendation in the 2011 needs assessment (based on a perceived insufficiency in terms of the number of labour officials, their qualification and training in some services) that a comprehensive audit be undertaken (the terms of reference for such an audit are attached to the 2011 needs assessment). The Committee further notes from the 2011 needs assessment that the state of office facilities, including transport facilities, is not adequate for the performance of the duties of labour inspectors. The Committee requests that the Government indicate whether the abovementioned audit concerning the staff situation of the labour administration services has been undertaken and, where applicable, to provide information on its findings and any measures taken as a result. It once again requests that the Government provide information on the number of all staff working within all services of the labour administration (number, grade, field of specialization, geographical distribution, etc.) and to indicate, if possible, the proportion of the national budget allocated to the labour administration system. The Committee also requests that the Government provide information on the material working conditions of the staff of the labour administration services (availability of office space, computers, telephones, transport facilities, etc.), as well as on the training provided to the staff of the labour administration services. The Committee also requests that the Government specify the criteria applied by the Minister to determine whether labour inspectors are unfit to perform their duties, and the number of cases in which labour inspectors were suspended, dismissed or moved to other duties.

Application of the Convention in practice. The Committee previously noted that Chapter 9 of the 2007 Labour Act covers the establishment and functioning of a number of labour institutions (that is, the Labour Advisory Council, the Committee for Dispute Prevention and Resolution, the Essential Services Committee, the Wages Commission, the Labour Commissioner and the Labour Inspectorate). The Committee notes that the Government provides information on the functions and some of the activities undertaken by these institutions (for example, the recommendations made by the Wages Commission prior to the adoption and entry into force of the Minimum Wages Order for domestic workers in 2015), but that it does not provide the requested extracts of reports or other periodical information of these bodies. The Committee welcomes however, the Government’s provision of a weblink to the 2008–09 and 2009–10 annual reports of the Social Security Commission Board. The Committee once again requests that the Government furnish extracts of reports or other periodical information of the abovementioned bodies and, where applicable, information on any practical difficulties encountered in practice.

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The Committee notes with interest the new Labour Code, a copy of which the Government sent to the ILO, and states that it will examine this legislation in the light of each Convention ratified by the country.

Article 5 of the Convention. Tripartite consultation, cooperation and negotiation within the system of labour administration at national, regional and local levels. The Committee notes the information provided by the Government on the role of the Social Security Commission Board. The Committee would be grateful if the Government would provide copies of extracts from reports on the Commission’s work, as well as any document providing information on the follow up given to the discussions held within the Commission.

Referring to its previous comments, the Committee requests the Government once again to provide information on the issues addressed – and the ensuing follow-up in law and practice – during tripartite discussions headed by the Ministry of Labour and Social Welfare, with employers and workers, on the subject of labour administration, and with the top management of state owned enterprises to examine issues in the field of employment and labour.

Article 6(2)(b). The Committee notes with interest the 2008 Namibia labour force survey, of which the Government sent a copy to the ILO. The Committee would be grateful if the Government could continue providing a copy of any other survey prepared on this matter in the future.

Article 7. In its previous comments, the Committee had noted that, according to the Government, self-employed persons could register with the social security authorities under section 2, paragraph 2, of Act No. 34 of 1994. The Committee asks the Government once again to indicate whether there are any plans for categories of workers such as those listed in paragraphs (a)–(d) to receive benefits under other areas of labour administration activity and, if so, to provide details in this respect.

Article 10. Human resources and material means of the labour administration system. The Committee notes with interest that, according to the Government, the number of administrative staff of the labour inspection services has increased by 32 additional persons to reach a total of 81, and the number of occupational safety and health staff has been increased by seven to reach a total of 25. The Committee requests the Government to provide information on the new restructuring of the Directorate of Labour Services, including any information on the follow up in practice to the provisions of the new Labour Code in this area, as well as on developments in the number of administrative staff in other sectors than that of labour inspection and occupational safety and health (grade, specialized field, geographical distribution, etc.), and to indicate, if possible, the proportion of the national budget allocated to the running of the labour administration system.

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Article 4 of the Convention and Parts III and IV of the report form. Organization and effective operation of a system of labour administration. The Committee notes with interest the adoption of the Labour Act, 2007 which covers, under Chapter 9, the establishment and functioning of a number of labour institutions (Labour Advisory Council, Committee for Dispute Prevention and Resolution, Essential Services Committee, Wages Commission, Labour Commissioner, Labour Inspectorate). The Committee would be grateful if the Government would furnish extracts of reports or other periodical information provided by these bodies and information on any practical difficulties encountered in the application of the Labour Act in practice. Noting, moreover, that the Labour Court is also established under Chapter 9 of the Labour Act, the Committee would be grateful if the Government would forward to the ILO any decisions involving questions of principle in relation to the application of the Convention.

Articles 6 and 7. Preparation, administration, coordination, checking and review of national labour policy and progressive extension of the functions of the labour administration system to workers who are not, in law, employed persons. The Committee notes with interest the Labour Force Survey 2008, a copy of which was provided by the Government, and which provides a wealth of information on the state of the labour force in the country. The Committee notes that one of the policy findings of the Survey is that the country’s economic and employment policies have not been sufficiently employment friendly to make a dent in the rate of unemployment which varies from 64.9 per cent in rural areas to 36.4 per cent in urban ones; the Survey therefore calls for more effective policies for job creation devised in collaboration with the social partners. The Committee also notes the other policy findings of the Survey which include the need for: (i) urgent government intervention to promote youth employment with special emphasis on entrepreneurial skills training; (ii) a concerted effort by all stakeholders to identify and/or introduce more developmental programmes in rural areas; (iii) special programmes like the establishment of regional development funds to provide support and facilitate entrepreneurial activities in disadvantaged regions; and (iv) the establishment of regional economic development planning services, which are intended to help communities develop the local economy and generate new employment and investment. The Committee would be grateful if the Government would furnish further information, including any available statistical data, on the measures taken or contemplated in the light of the policy findings and recommendations of the Labour Force Survey 2008. It would also be grateful if the Government would communicate a copy of the next Labour Force Survey which is periodically published. Noting moreover that, according to the preface of the Labour Force Survey 2008, a report on the characteristics of the informal sector will be published separately, the Committee would be grateful if the Government would communicate a copy of this report as well as information on any measures taken or contemplated as a follow-up to its findings.

Article 10. Staff, material means and financial resources of the labour administration system. The Committee notes with interest that, according to the Government, the Division of the Labour Inspectorate has been restructured by adding 32 administration staff to bring the total to 81. Moreover, the Occupational Health and Safety Division has been restructured by adding seven posts to bring them up to a total of 25. The Committee also notes, however, that according to section 124(3) of the Labour Act 2007, the Minister may suspend or withdraw the appointment of a labour inspector. The Committee requests the Government to specify the grounds on which the Minister may suspend or withdraw the appointment of a labour inspector and to provide relevant examples. Moreover, noting that section 124 generally concerns the appointment of labour inspectors without specifying the relevant process and criteria, the Committee would be grateful if the Government would provide details on the process of appointment, the qualifications required for the selection of labour inspectors, as well as their status and conditions of service once appointed.

Finally, with reference to its previous comments, the Committee requests the Government to provide information on the revision of the structure of the Directorate for Labour Services and the number of administration staff (number, grade, field of specialization, geographical distribution, etc.) and to indicate, if possible, the proportion of the national budget allocated to the labour administration system.

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

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The Committee notes the information provided by the Government in its report received in November 2006 in reply to the Committee’s previous comments. Noting that a new labour code was to be adopted and implemented in 2007, the Committee would be grateful if the Government would provide a copy of this code if it was indeed adopted or, if not, to indicate the measures taken to this effect or the difficulties encountered.

Article 5. Tripartite consultation, cooperation and negotiation within the system of labour administration at national, regional and local level. The Committee notes that the Social Security Commission Board is composed of tripartite representation and that the core business of this Commission is to gather funds for the social protection of workers and their dependants on the basis of the principle of solidarity. This protection is provided in the areas of maternity leave, sick leave, death, work-related disabilities, injuries and loss of employment. The Committee notes with interest that the representatives nominated by the Government to take part in this Commission, as well as those nominated by the trade unions and the employers, must include at least one woman. The Government is asked to provide details on the extent of this Commission’s role and copies of extracts of reports on its work, together with any other document concerning the follow-up given to the consultations held within the Commission.

The Committee also notes with interest that a high-level delegation headed by the Ministry of Labour and Social Welfare has visited a number of regions in the country to assess labour relations and that it has held numerous tripartite consultation meetings where employers and workers were given the opportunity to raise their concerns in respect of labour administration. The Government also refers to other visits of the same type. Moreover, it states that the Minister of Labour has arranged meetings with the top management of state-owned enterprises to discuss issues in the field of employment and labour. The Committee would be grateful if the Government would provide information on the issues addressed at these meetings and the follow-up given to them in law and in practice, if any.

Article 6, paragraph 2(b), of the Convention. The Committee notes with interest that, according to the Government, the Directorate for Labour Market Information is responsible for collecting, analysing and disseminating all labour-related information and that the statistics which it provides allow for the analysis of employment, underemployment and unemployment in order to assist with the formulation of appropriate policies. The Committee would be grateful if the Government would provide a copy of the most recent labour force survey which it says is conducted at regular intervals.

Article 7. Noting the Government’s indication that, under section 20, paragraph 2, of the Social Security Act, 1994 (Act No. 34 of 1994), self-employed persons may register themselves with the social security authorities, the Committee would be grateful if the Government would indicate whether there are any plans for categories of workers such as those listed in paragraphs (a)–(d) to receive benefits under other areas of labour administration activity. If so, the Government is requested to provide information in this respect.

Article 10. Human resources and material means of the labour administration system. Noting that the Directorate for Labour Services was in the process of revising its structure, the Committee asks the Government to provide information on any developments in respect of the restructuring process and the number of administration staff (number, grade, specialized field, geographical distribution, etc.) and to indicate, if possible, the proportion of the national budget allocated to the running of the labour administration system.

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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 requests the Government to provide further information and clarification on the points raised below.

Articles 1 and 6 of the Convention. The Committee requests the Government to provide detailed information on the organization and activities of all administration bodies responsible for and/or engaged in labour administration, including public agencies, parastatal and regional or local agencies. It notes in this connection that the National Employment Services Bill had been drafted by the Government and reviewed by the ILO. The Committee would also appreciate if the Government would provide information on any progress made or envisaged in this regard.

Article 2. The Committee notes that social security administration and activities have been delegated to the Tripartite Social Security Commission, established in accordance with the Social Security Act (Act 34, 1994), which is, among other things, entrusted with collection, management and investments of the funds to the benefit and interest of workers. Noting the Government’s indication that national conditions do not allow the fulfilment of all such functions, the Committee requests it to supply more detailed information on the actual functioning of the Tripartite Social Security Commission.

Article 5. The Committee would be grateful if the Government would provide full particulars on the arrangements made at the national, regional and local levels and in different sectors of economic activity, to ensure the consultation, cooperation and negotiation provided for in the provisions of this Article.

Article 7. Noting the information supplied by the Government that the categories of workers listed in Article 7(a) to (d) are covered by either the Labour Act or the Social Security Act or both in one way or the other, the Committee requests the Government to provide particulars, including any relevant legislation, concerning each of the abovementioned categories.

Article 9. The Committee would be grateful if the Government would supply information on the means available to the Ministry of Labour to ascertain whether parastatal and regional or local agencies are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them.

Article 10. The Committee requests the Government to provide detailed information on the number of staff in labour administration as well on as the budget allocated to labour administration and on the share of this budget in the whole government budget.

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The Committee notes the Government’s first report received on 28 September 1998 as well as its 1999 report. It requests the Government to provide further information and clarification on the points raised below.