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Labour Administration Convention, 1978 (No. 150) - Zambia (RATIFICATION: 1980)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour Inspection Convention, 1947 (No. 81) and Labour Inspection (Agriculture) Convention, 1969 (No. 129)

The Committee notes the observations of the Federation of Free Trade Unions of Zambia (FFTUZ) on Conventions Nos 81 and 129, communicated with the Government’s report. The FFTUZ indicates that there is a need to intensify labour inspections. With respect to Convention No. 129, the FFTUZ indicates that there is a need to develop mechanisms that will respond to specific issues of labour inspection in the agricultural sector. The Committee requests the Government to provide its comments in this respect.

Articles 3(1)(a) and (b), 10, 11, 13, 16, 17 and 18 of Convention No. 81. Labour inspection in the mining sector. In response to its previous comments regarding the budgetary, human and material means available to the Mines Safety Department (MSD), the Committee notes the information in the Government’s report that the number of labour inspectors at the MSD in 2022–23 stands at 52, compared to 51 in the previous period (with 16 vacancies). It also notes that the number of labour inspectors at the Ministry of Labour and Social Security (MLSS) increased from 19 in 2020–21 to 22 inspectors in 2022–23 (with one vacancy). Moreover, the Committee notes the Government’s indication that the labour inspectorate recorded an increase in compliance levels with respect to occupational safety and health protocols by mine and factory operators. The Government adds, however, that some mines remain uninspected due to limited funds for inspections. From 2020 to mid-2023, the MSD and the MLSS conducted a total of 1,580 inspections in mines. In terms of fines applied to non-compliant mines and factories, from 2020 to mid-2023, the Committee notes from the report that fines totaled Zambian kwacha (ZMW) 1,061,173 (approximately US$46,000) for the MSD and 1,060,000 (approximately US$45,900) for the MLSS. Noting that some mines remain uninspected, the Committee requests the Government to continue to provide information on the number of mine inspections and the outcome of these inspections, including the amount of fines assessed and collected. It also requests the Government to continue providing information regarding the number of labour inspectors in charge of the mining sector and the material means placed at their disposal.

Articles 3(1)(b) and 13 of Convention No. 81 and Articles 6(1)(b) and 18 of Convention No. 129. Preventive activities of occupational safety and health (OSH) inspectors. In reply to its previous comment, the Committee notes that the Government provides information regarding the number of suspension orders following an accident or dangerous occurrence. It notes in this regard that 72 such orders were issued in 2020, 76 in 2021, 67 in 2022, and 22 in first half of 2023. In terms of duration, the Government indicates that sanctions last until all anomalies are rectified. The Committee requests the Government to continue to provide updated information on the number of orders made by labour inspectors, pursuant to section 103 of the Factories Act and sections 36 and 75 of the Mines and Minerals Development Act, which require measures with immediate executory force in the event of imminent danger to the health or safety of the workers.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties entrusted to labour inspectors. In reply to the Committee’s previous request, the Government indicates that the additional duties assigned to labour inspectors do not adversely affect the execution of their primary duties, as the proportion of time spent to discharge their primary duties sits at an average of 70 per cent per week, and that in inspectors are typically expected to conduct inspections for three days per working week. The Committee takes note of this information, which addresses its previous request.

Articles 5(a) and 18 of Convention No. 81 and Articles 12 and 24 of Convention No. 129. Cooperation with other private and public authorities exercising similar duties, including the judiciary, and effective enforcement of penalties. The Committee notes the Government’s indication, in reply to its previous request, that active collaboration exists between the MLSS and other institutions responsible for the monitoring of social security legislation, such as the Workers’ Compensation Fund Control Board, the National Pension Scheme Authority, and the National Health Insurance Management Authority. The Government indicates that, as a measure to address the challenges faced by the inspectorate in the prosecution of non-compliant employers, the Employment Code Act of 2019 provides for the application of administrative penalties by the Labour Commissioner, thereby avoiding lengthy court procedures. The enforcement of the provisions in the Code which deal with the administrative penalties has resulted in improvement in terms of compliance with the Law. The Committee requests the Government to indicate the number of cases in which the Labour Commissioner compounded offences in accordance with section 132 of the Employment Code Act and those in which the case was referred to the prosecutor. It also requests the Government to provide information on the outcome of those cases and 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. In response to the Committee’s previous comment, the Government indicates that labour inspectors are employed on permanent and pensionable conditions of employment in Zambia, reviewed periodically through the collective bargaining process and Government circulars. Like other civil servants, labour inspectors are paid a monthly salary and remunerative allowances, including a rural or hardship allowance for those in remote and rural districts. The Committee requests the Government to provide information on the salary of labour inspectors in comparison to other government employees exercising similar duties and responsibilities.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. The Committee notes the information provided by the Government on the number of trainings and workshops organized for labour officers and labour inspectors during the reporting period, as well as the number of persons trained. The training topics included occupational safety and health, mine waste and mine water management, compliance with national labour legislation, and international labour standards. The Committee notes, however, that no information was provided on training offered to labour officers in the agricultural sector, on issues such as the handling of chemicals in agriculture. The Committee therefore requests the Government to continue to provide information on the trainings conducted for labour inspectors, including any trainings conducted to ensure that labour inspectors in agriculture are adequately trained for the performance of their duties.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Human resources of the labour inspectorate. Financial and material means. In reply to its previous comment, the Committee notes the Government’s information that: (i) the number of labour inspectors at the MSD stands at 52 against the approved establishment of 68 while the number of labour inspectors under MLSS stands at 22 against the approved establishment of 23. Therefore, there is a total of 74 labour inspectors with 91 sanctioned positions; (ii) the MLSS now has its presence registered in 54 districts across the country and that 46 new labour officers have been employed, bringing the number of labour inspectors and officers to 176; (iii) the number of occupational health and safety officers (OSH) increased to 16 (compared to 13 in 2019); (iv) it provided four additional vehicles for inspections; and (v) there has been an increase in budget of the labour inspectorate between 2021 and 2023 and that funds for support to field stations are set aside within the Ministerial budget for office refurbishment and construction and procurement of office equipment and furniture. While noting these improvements, the Committee also notes that, according to the 2022 annual report of the MLSS, major constraints identified include poor staffing levels in the Department, which led to work overload on officers, especially those operating from the field stations, as well as the absence of transport, poor communication facilities and material supplies. The Committee therefore requests the Government to continue to pursue its efforts to identify and allocate the financial resources necessary to meet the needs of the labour inspection services in terms of human resources and material means in all district offices and in all relevant sectors, including agriculture. It also requests the Government to continue to provide updated information on measures taken in this regard, as well as on the number of labour inspectors and OSH inspectors by district.

Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. Free access of labour inspectors to workplaces liable to inspection at any hour of the day or night without prior notice to carry out investigations. The Committee refers to its previous comments where it noted that, pursuant to section 125(a) of the Employment Code Act of 2019, a labour inspector may enter and search any premises where information or documents which may be relevant to an inspection may be kept, but the section does not stipulate that inspectors are empowered to enter premises without notice. In its response, the Government indicates that the Employment Code Act has sufficient provisions that grant labour inspectors the authority and access to conduct labour inspections at any workplace. Referring to other legislative texts, including the Factories Act, the Government further indicates that all labour inspections performed are unannounced, with the exception of OSH and MSD inspections which may require specialized technical personnel to be present in line with their work schedules at prescribed statutory inspection periods. Noting that the Factories Act and other legislative texts do not explicitly stipulate that labour inspectors are empowered to enter workplaces without previous notice, the Committee once again requests the Government to specify the measures taken to ensure that the MSD, OSH and labour inspectors are able to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, in accordance with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. The Committee further requests the Government to provide more detailed information on the total number of labour inspections performed annually, disaggregated by the number of announced and unannounced inspections.

Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129. Obligations of labour inspectors. The Committee notes that the Government reiterates that all public service workers are governed by the Code of Ethics, which requires them to observe confidentiality even after leaving the public service. The Government adds that labour officers, like any other public service workers, are bound by the oath of secrecy, which is a prerequisite to admission into the civil service. The Committee once again requests the Government to provide further information on the manner in which it ensures that, in practice, labour inspectors treat as absolutely confidential the source of any complaint and give no intimation that an inspection visit was made in consequence of receiving such a complaint.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Publication and communication to the ILO of annual labour inspection reports. The Committee notes that the 2022 annual report of the MLSS, submitted with the Government’s report, contains information on the number of inspections and the fines collected but does not contain information on staff of the labour inspection service (Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129); statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129); statistics of industrial accidents and occupational diseases (Article 21(f) and (g) of Convention No. 81 and Article 27(f) and (g) of Convention No. 129). The Committee therefore request once again the Government to take the necessary measures to enable the central authority on labour inspection to publish and communicate to the ILO an annual labour inspection report, containing complete information on all the subjects listed in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129.

Labour Administration Convention, 1978 (No. 150)

Articles 4 of the Convention. Organization of the labour administration system. In response to its previous comments on the impact of the Labour Market Information System (LMIS) on the effective operation of the labour administration system, the Committee notes with interest the Government’s indication that the LMIS was rolled out in February 2023 throughout the country. In addition, to assist with the smooth operation of the LMIS, appropriate equipment was procured, including computers (60), printers (60), tablets (59), and internet routers (55), which have been distributed to MLSS offices. Modules on labour inspection and child labour are currently on the system, and there are plans to add a module on occupational safety and health. The Committee notes the Government’s indication that the impact of the LMIS on the effective operation of labour administration has yet to be assessed. The Committee therefore requests the Government to provide information on the impact of the LMIS on the effective operation of the labour administration system in practice, in accordance with Article 4 of the Convention.

Article 7. Extension of the system of labour administration to cover workers who are not, in law, employed persons. The Committee notes with interest the information provided by the Government on the steps taken to extend the labour administration system to the informal economy, including: (i) the adoption of the National Health Insurance Act No. 2 of 2018 that allowed for own-account workers to be able to register with the National Health Insurance Scheme. Registration began in 2020 and, since then, over 1,019,127 workers in the informal sector have been enrolled; and (ii) changes to pension-related legislation made in 2019 to allow for own-account workers to enrol in a sub-scheme of the main National Pension Scheme. Noting the improvements made, the Committee requests the Government to continue to provide information on steps taken to extend the functions of the labour administration system to workers who are not, in law, employed persons, in accordance with Article 7.

Article 10. Material resources and staff of the labour administration system. The Government indicates that it has continued to make efforts to increase labour administration funding, the number of officers, material means and financial resources. The Government further indicates that it intends to procure more motor vehicles that will be used throughout the district offices to further strengthen the enforcement of the labour laws. Noting the improvements made, the Committee requests the Government to pursue its efforts in this regard, and to continue to provide information on measures taken to ensure that the staff of the labour administration system have the status, material means and the financial resources necessary for the effective performance of their duties, in accordance with Article 10(2) of the Convention.

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Labour law reform. The Committee takes note of the adoption of the Employment Code Act 2019, which repeals the Employment Act and provides, in its Part X, for the method of appointment and powers of labour inspectors responsible for ensuring compliance with the Act.

Labour inspection: Conventions Nos 81 and 129

Articles 3(1)(a) and (b), 10, 11, 13, 16, 17 and 18 of Convention No. 81. Labour inspection in the mining sector. In response to its previous comments regarding the budgetary, human and material means available to the Mines Safety Department (MSD), the Committee notes the information in the Government’s report regarding the existence of constraints related to the staffing level of the MSD, which is under pressure to cover the whole country despite the significant growth in the mining industry, and shortages in respect of means of transport and equipment. In particular, the Government indicates that, due to the lack of equipment, some statutory examinations and analyses could not be carried out. With regard to activities undertaken by the MSD and their outcomes, the Committee also notes the information provided by the Government regarding 1,133 inspections undertaken as of August 2019 as well as awareness-raising activities and trainings. The Government also indicates that 11 fatal accidents were recorded during the first quarter of 2019, eight serious non-fatal accidents, and two dangerous accidents at the Dangote mine and the Munali nickel mine. With reference to its comments under this Convention and also Safety and Health in Mines Convention, 1995 (No. 176), the Committee welcomes the information provided on the measures which have been taken with a view to reduce such incidents. The Government indicates that in the first seven months of 2019, it inspected 152 mines and recorded 316 violations, of which 39 had been resolved by the mines at the time of its report. The Government further indicates that for violations not yet resolved, fines and suspension of operations are available, and fines as of 31 July 2019 were Zambian kwacha (ZMW) 71,683,000 (US$5,478,229). The Committee encourages the Government to pursue its efforts in this regard. The Committee requests the Government to provide further information regarding the number of labour inspectors in charge of the mining sector, the material means placed at their disposal, as well as measures taken to mitigate the shortages identified. The Committee also requests the Government to continue to provide information on the number of mine inspections and the outcome of these inspections, including the amount of fines assessed as well as collected.

Articles 3(1)(b) and 13 of Convention No. 81 and Articles 6(1)(b) and 18 of Convention No. 129. Preventive activities of occupational safety and health (OSH) inspectors. The Committee previously noted the powers of labour inspectors with executory force in the event of a threat to the safety and health of workers, under the Factories Act and the Mines and Minerals Development Act. It requested information on the preventive activities undertaken by labour inspectors in the area of OSH, including orders requiring the adoption of measures with immediate executory force in the event of imminent danger to the health and safety of workers. In this regard, the Committee notes that the Government provides information regarding the types of inspections carried out in the field of OSH, training on OSH provided to workers, as well as the involvement of the OSH Service Department in campaigns. With regard to measures with immediate executory force, the Committee notes the Government’s statement that, in the mining sector, any failure to correct anomalies detected by the date set by labour inspectors attracts further sanctions like fines or the suspension of operations until the anomalies are corrected. The Committee requests the Government to provide further information on the orders made, in practice, by labour inspectors, pursuant to section 103 of the Factories Act and sections 36 and 75 of the Mines and Minerals Development Act, which require measures with immediate executory force in the event of imminent danger to the health or safety of the workers, including the number of such orders made, and their duration and effect.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties entrusted to labour inspectors. The Committee notes the Government’s statement, in response to its previous comments, that the additional duties of labour inspectors include administrative assignments, such as the preparation of national events; international and regional reports; dispute resolution; labour law reforms; and any other duties incidental to labour administration. The Committee once again requests the Government to indicate the proportion of time spent by labour inspectors on the additional duties listed by the Government, in comparison to the time spent on the discharge of their primary duties, as envisaged under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129.

Articles 5(a) and 18 of Convention No. 81 and Articles 12 and 24 of Convention No. 129. Cooperation with other private and public authorities exercising similar duties, including the judiciary, and effective enforcement of penalties. The Committee notes the Government’s indication, in reply to its previous request, that the application of laws on social security is enforced by the Ministry of Labour and Social Security, the National Pension Scheme Authority (NAPSA), and the Workers’ Compensation Fund Control Board. In this regard, the Government refers to the existence of collaboration between the Ministry of Labour and Social Security and NAPSA, including in the form of joint inspections. In addition, the Government indicates that the biggest challenge faced by the inspectorate is the prosecution of non-compliant employers, and that, while the law provides for penalties, the lengthy court procedures are an obstacle. The Committee requests the Government to provide further information regarding the manner in which the Ministry of Labour and Social Security collaborates effectively with other bodies responsible for monitoring social security legislation such as NAPSA. It also requests the Government to provide further information on the application of sanctions provided by national legislation in practice, including any measures taken or envisaged to remedy the difficulties identified in relation to the prosecution of non-compliant employers.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with workers and employers’ organizations. The Committee notes the information provided by the Government on the meetings of the Tripartite Consultative Labour Council (TCLC), in response to its previous comments.

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, pursuant to section 123 of the newly adopted Employment Code Act 2019, the Civil Service Commission may appoint suitably qualified officers as labour inspectors for purposes of ensuring compliance with the Act, on the terms and conditions that the Emoluments Commission may determine. The Government further indicates that all labour officers are employed under the terms and conditions of service determined in the General Public Service Conditions of Service and the Emoluments Commission. In response to its previous comments on the measures taken or envisaged to grant labour inspectors appropriate conditions of service with a view to retaining them, the Committee also notes the information from the Government regarding efforts made to train labour inspectors locally and internationally, and improving the material means at their disposal. The Committee requests the Government to indicate the terms and conditions on which labour inspectors are appointed, as determined by the Emoluments Commission, and in accordance with section 123 of the Employment Code Act 2019. In addition, the Committee requests the Government to continue to provide information on the status and conditions of service of labour inspectors, including by identifying the provisions of the General Public Service Conditions of Service applicable to them.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. The Committee welcomes the Government’s reference, in response to its previous comments, to a number of trainings and workshops organized for labour officers and labour inspectors in 2018 and 2019. In respect of agriculture, the Committee also notes the Government’s statement that the training offered to labour officers is adequate to enable them to conduct inspections in the agricultural sector, but that there has been no training specifically on the handling of chemicals in agriculture. The Committee requests the Government to continue to provide information on the trainings conducted for labour inspectors, including any trainings conducted to ensure that labour inspectors in agriculture are adequately trained for the performance of their duties, including with respect to the handling of chemicals.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Association of duly qualified technical experts and specialists in the area of OSH. The Committee notes the information provided by the Government on the application in practice of these Articles, including on the work of OSH inspectors alongside engineers and other professionals in various industries. The Government also provides information on the Safety Liaison Committee established in the electricity supply industry, in which the OSH inspectorate and the MSD participate, alongside electrical engineers from the industry.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Human resources of the labour inspectorate. Financial and material means. The Committee notes the information provided regarding the financial resources allocated to the labour administration system, the number of labour inspectors and labour officers and the material means placed at their disposal. In particular, the Committee notes with interest the Government’s indication that the total number of labour inspectors and officers has increased to 156 in 2019 (compared with 110 in 2016), with 46 newly hired labour officers, and that efforts to improve the material means at the disposal of the labour inspection system are being made, including improved internet connectivity and the provision of ten vehicles across all provincial offices. The Committee nevertheless notes that, according to the Government, human and financial resources allocations towards OSH inspections continue to be inadequate. In this respect, the 2018 annual report of the Ministry of Labour and Social Security indicates that low staffing levels continued to prevail in the OSH Service Department, and that the department was affected by the intermittent release of funding from the treasury, which did not match the needs of the department. The Government indicates that there are only 13 OSH inspectors, present in four districts. The Committee requests the Government to continue to pursue its efforts to identify and allocate the financial resources necessary to meet the needs of the labour inspection services in terms of human resources (particularly for OSH inspections) and material means in all district offices and in all relevant sectors, including agriculture. It requests the Government to continue to provide information on measures taken in this regard, as well as on the number of labour inspectors and OSH inspectors by district.

Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. Free access of labour inspectors to work places liable to inspection at any hour of the day or night without prior notice to carry out investigations. The Committee notes that, pursuant to section 125(a) of the Employment Code Act 2019, a labour inspector may enter and search any premises where information or documents which may be relevant to an inspection may be kept, but the section does not stipulate that inspectors are empowered to enter premises without notice. As concerns other inspectorates, the Committee previously noted that the Occupational Safety and Health Act, the Factories Act, and the Mines and Minerals Development Act provided various restrictions in relation to the timing of inspections, and that none of these Acts explicitly stipulate that labour inspectors are empowered to enter work places without previous notice. In response, the Government indicates that the legislation as it stands is sufficient to equip labour inspectors with enough authority and access to allow them conduct labour inspections at any work place. The Committee requests the Government to specify the measures taken to ensure that the MSD, OSH inspectors and all other inspectors responsible for labour inspections are able to enter freely and without previous notice at any hour of the day or night any work place liable to inspection, in accordance with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. The Committee further requests the Government to provide information on the proportion of unannounced inspections performed annually in relation to total labour inspections.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee previously requested the Government to indicate the provisions requiring the notification of occupational diseases in the mining sector, and the legal provisions governing the notification of occupational accidents and diseases in agriculture. In response, the Government refers to the Mining Regulations, and states that undertakings in the agricultural sector that qualify as factories, as defined in the Factories Act, are required to give notice of occupational accidents and diseases. The Committee observes that the Mining Regulations 1971, as amended, are silent on the issue of the notification of occupational diseases. With regard to practical difficulties and measures taken to improve the reporting mechanism concerning occupational accidents and diseases in practice, the Committee also notes the Government’s statement that such difficulties arise particularly in small mines that under-report accidents, and that the Government has continued sensitizing such employers. In addition, in its reports on the Occupational Safety and Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Government refers to the creation of an integrated information system to enable the collection of up-to-date data on OSH, including statistics on occupational injuries. The Committee requests the Government to take the necessary measures, including through the revision of existing legislation such as the Minerals and Mines Development Act and the Mining Regulations, to ensure that the labour inspectorate is notified of cases of occupational disease in the mining sector, in accordance with Article 14 of Convention No. 81. It also requests the Government to take the necessary measures to ensure the notification of accidents and diseases in all agricultural undertakings, in accordance with Article 19 of Convention No. 129. In addition, the Committee requests the Government to provide further information on the types of activities undertaken to sensitize employers in small-scale mines, with regard to the notification of occupational accidents and diseases. Finally, the Committee requests the Government to provide information on the progress in the development of an integrated information system for the collection of data on occupational injuries, and its impact on the work of the labour inspectorate.

Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129. Obligations of labour inspectors. The Committee notes the indication of the Government, in response to its previous comments on the measures giving effect to these Articles, that all public service workers are governed by the Code of Ethics. This Code requires them to observe confidentiality even after leaving the Public Service, and not to disclose without authority official information which has been communicated in confidence within the Government, or received in confidence from others. The Code of Ethics further requires that the Public Service shall avoid situations in which their private interests conflict, or might reasonably be perceived to conflict, with the impartial fulfilment of their official duties and the public interest. The Committee notes that the Code of Ethics also specifies that a breach of the Code may lead to the application of appropriate disciplinary action, in accordance with the provisions of existing Disciplinary Codes. The Committee requests the Government to provide further information on the manner in which it ensures that, in practice, labour inspectors treat as absolutely confidential the source of any complaint and give no intimation that an inspection visit was made in consequence of the receipt of such a complaint.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Publication and communication to the ILO of annual labour inspection reports. The Committee notes that the 2018 annual report of the Ministry of Labour and Social Security contains information on inspections conducted and occupational accidents in the reporting year, but does not contain information covering all the subjects listed under Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129. Therefore, the Committee once again requests the Government to take the necessary measures to enable the central authority on labour inspection to publish and communicate to the ILO an annual labour inspection report, containing complete information on all the subjects listed in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129.

Labour administration: Convention No. 150

Articles 4 and 5 of the Convention. Organization of the labour administration system. Cooperation with the social partners. In response to its previous comments on activities carried out by the labour administration to strengthen the labour administration system, the Committee notes the Government’s indication in its report that it continues to encourage social dialogue to ensure stability in the labour market. In this regard, the 2018 annual report of the Ministry of Labour and Social Security indicates that the TCLC, where labour issues are discussed with social partners, met four times in 2018. In addition, the Committee notes the Government’s reference to the development of a Labour Market Information System, which aims to be a database of all variables relating to the labour administration, to provide accurate information for decision-making and policy formulation, and to facilitate timely submission of reports from field stations. The Committee requests the Government to provide information on the impact of the Labour Market Information System on the effective operation of the labour administration system in practice, in accordance with Article 4 of the Convention. In addition, as regards tripartite consultations under Article 5 of the Convention, the Committee refers to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 7. Extension of the system of labour administration to cover workers who are not, in law, employed persons. The Committee notes the information provided by the Government on the steps taken to regulate the informal economy, including regulation of minimum wages and conditions for categories such as domestic workers, as well as plans to extend social security coverage to workers in the informal economy. The 2018 annual report of the Ministry of Labour and Social Security indicates in this regard that a consultant was hired to draft a National Strategy on the Extension of Social Security Coverage. The Committee requests the Government to continue to provide information on steps taken with a view to covering workers who are not, in law, employed persons, in accordance with Article 7.

Article 10. Material resources and staff of the labour administration system. The Committee previously requested the Government to take measures to identify and allocate the financial resources necessary to meet the needs of the labour administration services. In this regard, the Committee notes the Government’s indication that the percentage of the national budget allocated to the labour administration was 0.3 per cent in 2018 and 0.2 per cent in 2019. With reference to its comments above under Conventions Nos 81 and 129, the Committee also welcomes the Government’s indication regarding the hiring of new labour officers and the provision of additional vehicles for all provincial offices of the Ministry of Labour and Social Security. The Committee further notes the Government’s statement that efforts are being made to increase the number of labour officers and inspectors to meet the growing demands of the labour administration services. The Committee requests the Government to pursue its efforts in this regard, and to continue to provide information on measures taken or envisaged to ensure that the staff of the labour administration system have the status, material means and the financial resources necessary for the effective performance of their duties, in accordance with Article 10(2) of the Convention.

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The Committee notes the information provided by the Government, in its report, in reply to its previous request concerning the operation of private employment agencies (Articles 2 and 9 of the Convention). In this regard, it also notes that the Government has submitted its first report on the application of the Private Employment Agencies Convention, 1997 (No. 181) and refers the Government to its comments under that Convention.

Labour law reform. The Committee notes that the Government refers to an ongoing labour law reform. The Committee requests that the Government provide more information on the measures taken within the context of the abovementioned reforms and, where applicable, supply copies of any legislative texts that are adopted.

Articles 4, 5 and 6(2)(a) of the Convention. Organization of the labour administration system. Impact of the financial and economic crisis on the labour administration system and cooperation with the social partners in this regard. The Committee notes from the information in the 2012 Decent Work Country Profile that following mergers of various functions in 2011, the Ministry of Labour and Social Security became the Ministry of Information, Broadcasting and Labour. However, it appears from information available on the website of the Ministry of Information and Broadcasting and the Ministry of Labour and Social Security have once again become two stand-alone ministries.

The Committee recalls that, in its previous comment, it requested that the Government indicate the activities carried out by the labour administration to cope with the financial and economic crisis and their impact, as well as the measures taken or envisaged to strengthen the labour administration in this context. In this respect, the Committee notes the Government’s reference to social dialogue meetings to discuss possible solutions in trying to mitigate the impact of the crisis. The Committee further notes from the information in the 2012 Decent Work Country Profile that social dialogue has been effective in mitigating the impact of the global financial and economic crisis and that during the crisis, the trade unions in the tourism and mining sectors agreed to reduction in their conditions of service in order to protect jobs. The Committee finally refers to its 2013 comments under the Employment Policy Convention, 1964 (No.122), where it noted that the social partners have been involved in consultations on employment policies through the Employment and Labour Sector Advisory Group (ELSAG), the Tripartite Consultation Labour Council (TCLC), the National Social Security Reform Implementation Committee and the Technical Committee on Labour Market Information System. The Committee welcomes this information and requests that the Government continue to provide information in this regard.

Article 7. Extension of the system of labour administration to cover workers who are not, in law, employed persons. The Committee notes from the 2012 Labour Force Survey Report available on internet that of all employed persons in the country, 84.6 per cent had jobs in the informal economy. The Committee further notes the indication of the Government in its report that while the current legislation does not cover the categories of workers mentioned in Article 7, reforms are being undertaken to extend social security coverage to informal workers. The Committee further notes that this objective was also included in the 2013–16 Decent Work Country Programme for Zambia (outcome 4.2). The Committee requests that the Government continue to provide information on the measures taken or envisaged to cover workers who are not, in law, employed persons, such as: (a) tenants who do not engage outside help, sharecroppers and similar categories of agricultural workers; (b) self-employed workers who do not engage outside help, occupied in the informal sector as understood in national practice; (c) members of cooperatives and worker-managed undertakings; and (d) persons working under systems established by communal customs or traditions.

Article 10. Material resources and staff of the labour administration system. The Committee notes the Government’s indication in reply to its previous request that in 2015, 0.01 per cent of the national budget was allocated to labour administration. While the Government acknowledges challenges in the district labour offices, it also indicates that measures are being undertaken or envisaged to improve the material working conditions of these offices (additional office space, the equipment of offices with computers and internet connection) which should greatly contribute to the enhanced efficiency of the functions of labour administration. In this regard, the Committee also understands from the Government’s report that additional labour officers have been recruited. However, the Government has provided information only on the number of labour inspectors and not on all labour officers working within the labour administration services. Welcoming the measures to improve the material working conditions of the labour administration services, the Committee requests the Government to take measures to identify and allocate the financial resources necessary to meet the needs of the labour administration services. In this regard, the Committee requests that the Government continue to provide information on: the percentage of the budget allocated to the labour administration as compared to the national budget; the total number of staff working within the labour administration services; and the material working conditions in all district offices.

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The Committee notes that, according to the Government, statutory instruments Nos 56 and 57 of 2006 have been revised and replaced by statutory instruments Nos 1, 2 and 3 of 2011 covering workers in the formal sector and domestic workers in the informal sector. It also notes the information sent by the Government to the effect that a survey on the labour force for 2005 has been completed and another is ongoing for 2008. The Committee would be grateful if the Government would send a copy of these new statutory instruments. Furthermore, the Committee asks the Government once again to provide a copy of the survey referred to in its report.

Articles 2 and 9 of the Convention. The Government refers in its report to the objective of creating private employment agencies. The Committee asks the Government once again to specify the principles on which these agencies operate, the nature of the services they provide and whether other labour administration activities are delegated to other non-governmental organizations. If this is the case, the Government is asked to specify these bodies and the activities delegated to them, and to provide detailed information on the means available to the Ministry of Labour to ensure that private employment agencies and the other bodies, if any, to which labour administration activities have been delegated, conduct their business in accordance with the national legislation and comply with the objectives assigned to them.

Article 4. The Committee recalls the ILO resolution on labour administration and labour inspection adopted by the International Labour Conference at its 100th Session in June 2011 in which it was pointed out that experience from the recent financial and economic crisis has shown that labour administration has a central role among government institutions. Indeed, good labour policy and efficient institutions can help to address difficult economic situations, by protecting workers and enterprises against the worst impact of an economic crisis and mitigating its economic and social consequences while facilitating economic recovery. The Committee would be grateful if the Government would indicate the activities carried out by the labour administration to cope with the financial and economic crisis and their impact, as well as the measures taken or envisaged to strengthen the labour administration in this context.

Article 10. In its report, the Government gives indications on the budgets allocated to labour administration for 2009, 2010 and 2011. The Committee recalls the ILO resolution on labour administration and labour inspection adopted by the International Labour Conference at its 100th Session June 2011 in which it was indicated that the focus should be on developing and retaining skilled human resources, since no labour administration can work without specifically dedicated staff who are qualified and adequately trained and equipped. The Committee would be grateful if the Government would specify the percentage of the budget allocated to the labour administration compared to the national budget, and also to provide statistical information on the staffing and material means available to the labour administration, as well as on the impact of measures already taken with respect to the efficient operation of its functions.

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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 the information sent by the Government in its report received in 2006 in reply to the comments made in 2000 and repeated in 2005, on the manner in which effect is given to Articles 3, 4, 5, 6, 7 and 10 of the Convention. Since, however, the supporting documents mentioned as attached to the report were not received, the Committee was not in a position to conduct a thorough examination of this information. Despite a request from the Office in a letter of 20 October 2006, the documents have still not been received. The Committee is therefore bound once again to ask the Government to provide the various collective agreements mentioned in the letter, and Statutory Instruments Nos 56 and 57 of the laws of Zambia, or extracts from these instruments concerning the persons specified in Article 7. It would be grateful if the Government would also provide, in relation to Article 6, paragraph 2(b) of the Convention, information on the publication of the surveys referred to in its report on the situation of employed, unemployed and underemployed persons (data collection methodology, frequency of surveys), and would provide a copy of the most recently published survey of this kind.

Articles 2 and 9 of the Convention. Delegation of labour administration activities to non-governmental organizations. The Committee notes from the information sent by the Government under Article 6, paragraph 2(c), that private employment agencies provide services to the public. It would be grateful if the Government would specify the principles on which these agencies operate, the nature of the services they provide and whether other labour administration activities are delegated to other non-governmental organizations. If this is the case, the Government is asked to specify these bodies and the activities delegated to them, and to provide detailed information on the means available to the Minister of Labour to ensure that private employment agencies and the other bodies, if any, to which labour administration activities have been delegated conduct their business in accordance with the national legislation and comply with the objectives assigned to them.

Article 10. Human resources and material means available to the labour administration. Further to its previous comments, in which it expressed the hope that the Government would take measures reflecting the need to accord the labour administration the appropriate priority in budgetary allocations, the Committee notes that in the framework of the restructuring of ministries and with the recruitment of officers, the Ministry of Labour has now reorganized itself and is able to deliver its services. The Committee notes that the budget allocated to it has also improved, even though, in the Government’s view, much needs to be done. Recalling that it also asked the Government to provide figures for the human, material and financial resources allocated to labour administration, and information on the impact of the measures already taken, such as the establishment of the Human Resources Management Council and the 1996 Persons with Disabilities Act, the Committee would be grateful if the Government would provide up to date particulars on these matters. It hopes that the Government will also be in a position to provide statistics and information of a practical nature on the implementation of the abovementioned provisions of the 1996 Act, as concerns the employment and work of persons with disabilities.

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Article 10. Human resources and material means available to the labour administration. Further to its previous comments, in which it expressed the hope that the Government would take measures reflecting the need to accord the labour administration the appropriate priority in budgetary allocations, the Committee notes that in the framework of the restructuring of ministries and with the recruitment of officers, the Ministry of Labour has now reorganized itself and is able to deliver its services. The Committee notes with interest that the budget allocated to it has also improved, even though, in the Government’s view, much needs to be done. Recalling that it also asked the Government to provide figures for the human, material and financial resources allocated to labour administration, and information on the impact of the measures already taken, such as the establishment of the Human Resources Management Council and the 1996 Persons with Disabilities Act, the Committee would be grateful if the Government would provide up to date particulars on these matters. It hopes that the Government will also be in a position to provide statistics and information of a practical nature on the implementation of the abovementioned provisions of the 1996 Act, as concerns the employment and work of persons with disabilities.

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The Committee would be grateful if the Government would provide additional information on the following points.

Article 3 of the Convention. The Committee notes with interest that, according to article 5 of the Government’s report, trade unions are free to enter direct negotiations with employers at the enterprise level covering general conditions of employment and that such negotiations are also undertaken at the sectoral level. The Committee also notes that the Minimum Wages and Conditions of Employment Act does not apply in occupations where wages and conditions of employment are regulated through the process of collective bargaining under the Industrial and Labour Relations Act, which determines bargaining structures at the enterprise level and at the branch level. The Committee requests the Government to indicate the subjects relating to conditions of employment other than the minimum wage which are determined through collective bargaining and to provide, where appropriate, copies of the relevant texts and of collective agreements concluded at the sectoral level.

Article 5. The Committee notes from article 3 of the Government’s report the establishment of a Tripartite Consultative Labour Council, which meets to consider matters referred to it by the Government or the social partners. As this is a national body, the Committee requests the Government to indicate whether, as envisaged in Article 5(2), consultation arrangements and bodies between the Government and the social partners also operate at the regional and local levels. Where appropriate, please indicate these arrangements or bodies, describe their composition and the manner in which they operate in practice and provide information on the subjects relating to labour administration which are addressed therein.

Articles 4 and 6. The information provided by the Government in its report does not enable the Committee to assess the extent to which these fundamental provisions of the Convention are applied. These provisions envisage the establishment of an effective and coordinating system of labour administration and a distribution of roles between the competent bodies in the system with a view to the preparation and application of the laws or regulations which give effect to the national labour policy. The Committee notes the Government’s indication that coordination between the various bodies is carried out through the Tripartite Consultative Labour Council and it requests the Government to provide additional information, indicating the bodies involved in the functions of labour administration and which are responsible for the areas set out in Article 6(2)(a), (b) and (c).

Article 7. The Committee notes the indication that the informal sector is progressively outgrowing the formal sector of the economy. It also notes the need felt by the Government, after discussions with organizations of employers and workers, to enter the informal sector and therefore to cover categories of workers who were not so covered until now, such as workers employed in cooperatives and agricultural workers. However, the Committee had already noted from the Government’s report of 1992 that the former already benefited from the extension of the coverage of the labour administration services. It would be grateful if the Government would supplement this information with an indication of the manner in which it is envisaged to identify the active population concerned, by occupational activity, with information on the labour administration services whose extension to the above categories of workers is under consideration.

Article 10. The Committee once again notes the information concerning the regrettably low level of resources allocated to the Ministry of Labour. The Committee cannot overemphasize the prejudicial nature of the persistence and the worsening of this situation, which not only prevents the effective application of the Convention, but in particular is bound to contribute to a deterioration in the social situation of the country in general. The Committee refers the Government in this respect to the comments which it has made on this issue in paragraphs 160 to 166 and 196 to 200 of its 1997 General Survey on labour administration. It trusts that the Government will take measures in the near future reflecting the need to accord the labour administration the appropriate priority in budgetary allocations. The Committee also trusts that the implementation of Act No. 11 of 1997 establishing the Human Resources Management Council will lead to a substantial improvement in the functioning of the bodies which assist in labour administration. It would be grateful if the Government would provide statistical data on the human, material and financial resources allocated to the labour administration and on the impact of the measures which have already been taken, such as the establishment of the Human Resources Management Council, referred to above, and the Persons with Disabilities Act, 1996, as it relates to employment and work, and if it would indicate the measures envisaged to provide the labour administration with a level of resources which is in conformity with the requirements of Article 10(2).

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The Committee notes the Government’s report and the attached documentation. It also notes the information provided in reply to its previous comments. It would be grateful if the Government would provide additional information on the following points.

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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:

With reference to its previous comments, the Committee notes the information provided by the Government in its reports for the periods ending 30 June of 1991, 1992 and 1994. It would be grateful if the Government would provide a more detailed report on how the Convention's provisions are being implemented in the manner provided for in the report form approved by the Governing Body. Please also provide further particulars on the points raised below.

Article 6, paragraph 2, of the Convention. The Committee notes in particular the Government's indication that the Tripartite Consultative Labour Council was established to participate in the preparation, review and coordination of a national employment policy. In this connection, the Committee duly notes the Government's recent indication in its report ending 30 June 1994 that financial constraints have hindered the implementation of national employment service programmes. It also notes that the 1986 annual report of the Ministry of Labour and Social Services (page 5, paragraph 26) indicates that the measures taken by the Government to improve the economy to generate employment opportunities were unsuccessful. It would be grateful if the Government would provide particulars on what further measures have been taken or are envisaged by the Government through the Department of Labour, the Tripartite Consultative Labour Council and other bodies, such as the Employment Board, to reduce unemployment and facilitate the implementation of an effective national employment policy. Please indicate how coordination between the various bodies involved is ensured.

Article 7. The Committee notes the Government's indication that labour administration services cover worker-managed undertakings in the same manner as wage-paid workers and workers in cooperatives and small-scale industry. The Committee requests the Government to provide full details on the actual extension of functions of the system of labour administration to categories of workers who are not, in law, employed persons, such as those described in clauses (a) to (d) of this Article.

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The Committee notes with regret 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:

Article 6(2)(a). The Committee has noted the Government's statement that, due to the scarcity of both human and financial resources, no measures have been taken on the national employment service following the report of the ILO expert. Nor were examples available of labour administration contributions to symposia, etc., or policy-making groups in the field of employment. The Committee has also noted that the 1983 annual report of the Ministry of Labour and Social Services (p. 2) indicated that "There was no visible improvement in the employment situation compared with the previous year. Unless there is an improvement in the country's economic situation, the employment situation is likely to remain poor". Please indicate any measures taken or envisaged with a view to the effective implementation of the provisions of the Convention regarding labour administration activities in the field of employment policy.

Article 7. The Committee has noted the Government's statement that the financial situation does not permit extension of the system of labour administration to such categories of workers as those described in clauses (a) to (d) of this Article of the Convention.

The Committee has also noted (p. 2 of 1983 annual report of the Ministry of Labour and Social Services) that in 1983 out of a labour force of 1,962,300 only 364,000 persons were estimated to be in wage-paid employment. Please indicate any developments in the extension of labour administration services to appropriate categories of workers who are not, in law, in wage-paid employment.

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Article 4 of the Convention. The Committee has noted the Government's statement that the annual reports of the Ministry of Labour and Social Services will continue to be supplied.

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Article 4 of the Convention. The Committee has noted the Government's statement that the annual reports of the Ministry of Labour and Social Services will continue to be supplied.

Article 6(2)(a). The Committee has noted the Government's statement that, due to the scarcity of both human and financial resources, measures have not been taken on the national employment service following the report of the ILO expert. Nor were examples available of labour administration contributions to symposia, etc., as policy-making groups in the field of employment policy. The Committee has also noted that the 1983 annual report of the Ministry of Labour and Social Services (p. 2) indicated that "There was no visible improvement in the employment situation compared with the previous year. Unless there is an improvement in the country's economic situation, the employment situation is likely to remain poor". Please indicate any measures taken or envisaged with a view to the effective implementation of the provisions of the Convention regarding labour administration activities in the field of employment policy.

Article 7. The Committee has noted, on the one hand, the Government's statement that the financial situation does not permit extension of the system of labour administration to such categories of workers as those described in clauses (a) to (d) of this Article of the Convention.

The Committee has also noted, on the other hand (p. 2 of 1983 annual report of the Ministry of Labour and Social Services) that in 1983 out of a labour force of 1,962,300 only 364,000 persons were estimated to be in wage-paid employment. Please indicate any developments in the extension of labour administration services to appropriate categories of workers who are not, in law, in wage-paid employment.