Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report.

Articles 2, 10, 15, 16, 22 and 23 of the Convention. The Committee notes that, due to the lack of human resources, routine inspections are carried out in sectors which traditionally give rise to problems (construction, retail, the leather industry, footwear, textiles and security companies), while parastatal companies and other private companies, such as banks, insurance companies and hotels, are only inspected when complaints are lodged. The Government’s attention is drawn to the urgent need to ensure that workplaces in all the branches of activity covered by the Convention are liable to inspection at any time and not solely when complaints are lodged. Indeed, it is contrary to the Convention to make inspection subject to the existence of a complaint since, in accordance with the letter and the spirit of Article 15(c), the labour inspector is bound to give no intimation to the employer or her or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. This is essential to the effectiveness of the inspection system and to the achievement of its objectives. The situation described in the Government’s report may prove to be prejudicial to the enforcement of the law in workplaces considered not to be problematic. Although risks more directly related to the health and safety of workers are relatively rare in these types of workplaces, it is nevertheless true that failure to comply with legal provisions respecting, among other matters, working time, leave, welfare at work or indeed work by children and young persons may have an indirect although appreciable incidence on occupational safety and health. For this reason, it is necessary for the Government to be able to adopt measures so that both employers and workers are attentive to the fact that an inspection is always possible, even in the absence of any complaint.

With reference to the indication that the recruitment of ten new inspectors is envisaged, the Committee hopes that this measure will take effect in the very near future and that it will enable the inspection services to plan routine inspections in all the categories of workplaces covered by the Convention, although emphasis may nevertheless be placed on inspections of workplaces which are deemed hazardous. The Government is requested to provide information on any progress achieved in this respect.

Articles 3, paragraph 1(a), and 24. The Committee notes the Government’s concern regarding the difficulties of enforcing provisions on working hours in relation to certain categories of workers (security guards, workers in the textile industry in the Leribe district and in the Lesotho Highlands Water Project). The Committee notes that these workers are covered by an exemption, under the terms of the law, from the statutory provisions respecting hours of work applicable to all workers and it notes that, in accordance with the relevant labour standards, the members of the National Advisory Committee on Labour have advocated that security companies should be exempted from section 118 of the Labour Code. The Committee wishes to draw the Government’s attention to the need, in this respect, to ensure that the envisaged derogations only apply to the categories of workers in respect of whom the nature of their work justifies such exemptions, and not to other categories of workers. It hopes that precise instructions will be given to labour inspectors to enable them to exercise effective supervision over the manner in which the exemptions in question are applied.

Article 3, paragraph 1(b) and (c), of the Convention. The Committee would be grateful if the Government would indicate the measures adopted to give effect in law and practice to these provisions, under the terms of which the functions of labour inspectors should include the supply of technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions, as well as functions relating to the improvement of the legislation.

Article 4. The Government is requested to provide a copy of the organigramme of the labour inspection services.

Article 6. Noting the Government’s indication that the low level of the salaries of labour inspectors is the main problem for the recruitment of qualified staff, the Committee hopes that the Government will make every effort to ensure that the conditions of service of labour inspectors are favourable for the effective discharge of their many and complex functions, and independent of any improper external influences. It requests the Government to provide information on these measures and their outcome.

Article 7. The Committee notes that, according to the Government, the lack of training for inspectors constitutes a handicap in the exercise of their functions. However, it notes the indication that labour inspectors benefited for the first time from formal training in October 2003 in the context of the project to strengthen labour administration in southern Africa (ILO/SLASA) and that it is also envisaged that they will now be provided with training not only upon recruitment, but also during employment. The Government is requested to provide detailed information on the practical measures adopted in this respect and on the progress achieved.

The Committee also requests the Government to provide information on the qualifications required for applicants to the position of labour inspector.

Article 8. The Committee would be grateful if the Government would indicate the proportion of women in the staff of the labour inspectorate at each level of responsibility, and whether special duties are assigned to them.

Article 11. The Committee notes that inspection offices do not have computers or databases on the inspections carried out. Noting the indication that travel expenses are reimbursed to inspectors, but that the availability of public transport will be worse, the Committee draws the Government’s attention to the great need for measures to reinforce the material resources and transport facilities of labour inspectors, possibly through recourse to international aid. It requests the Government to provide a copy of the text providing the legal basis for the reimbursement of professional travel expenses to inspectors.

Article 14. The Committee would be grateful if the Government would indicate the cases and manner in which the labour inspectorate is notified of industrial accidents and cases of occupational disease.

Article 17. Please indicate whether and, if so, the manner in which it is ensured that persons who violate the legal provisions enforceable by labour inspectors are liable to prompt legal proceedings. Please also indicate the manner in which effect is given to the provisions of this Article of the Convention.

Article 18. The Committee notes that the amount of the fines applicable for the violations covered by this provision has not been revised since the adoption of the Labour Code in 1993, but that the consultations envisaged by section 42(3) of the Labour Code concerning the need to adjust the levels of fines have been held by the Minister of Employment and Labour. The Government is requested to provide information on the subjects and outcome of these consultations and to provide any related text, where appropriate.

Articles 19, 20 and 21. Noting that the lack of human, material and logistical resources prevents district inspection offices from complying with their obligation to submit a monthly report to the central inspection authority, the Committee would be grateful if the Government would take measures in the near future, where necessary through recourse to international aid, to remedy these difficulties, the persistence of which would irremediably compromise the implementation of the Convention, which largely depends on the capacity of the central authority to prepare the annual report envisaged in Articles 20 and 21.

Labour inspection and child labour. Noting the ratification of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), and observing the announcement on the Government’s Internet site of a study on child labour, the Committee hopes that the Government will not fail to provide information as rapidly as possible on the conclusions of this study and on the participation of labour inspectors in measures to combat child labour.