Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and the attached structural plan of the inspection services. It also notes the copy provided of the Workmen’s Compensation Act, No. 13 of 1977, and the Public Service Act, No. 1 of 2005. The Committee would be grateful if the Government would provide additional information on the following points.

1. Article 4 of the Convention. Structure of the labour inspection system. According to the Government’s indication in its report in 2003, the system of labour inspection is placed under the supervision and control of the Labour Commissioner. However, the Government has provided two structural plans, one of which is entitled “Proposal 1”. The Committee requests the Government to provide clarifications on the structure and operation of the existing labour inspection system, and the organizational perspectives envisaged.

2. Article 6. Status and conditions of service of labour inspectors. The Committee notes that, under the terms of section 7 of the Public Service Act, 2005, appointment to the public service can also be made on contractual terms or temporary terms. The Committee would be grateful if the Government would indicate whether, as required by Article 6 of the Convention, labour inspectors are ensured, as public officials, of stability of employment and if it would provide details on the conditions governing their career advancement.

According to the Government, the salaries of labour inspectors are mostly dependent on their qualifications, although most of the inspectors are not qualified. However, it envisages the recruitment of more qualified inspectors and the provision of training to those who are not qualified so as to guarantee better payment for all. The Committee hopes that the Government will be in a position to indicate in its next report the measures adopted in this respect and any progress achieved.

3. Articles 2, 23, 24, 10 and 16. Coverage of the labour inspection system, human resources and frequency of inspections. While recognizing that a system of inspection based on complaints is inadequate, the Government indicates that, given the shortage of inspectors, this is the best that can be done. Nevertheless, a system of intergraded inspections has been implemented in which inspectors are being trained so that each inspector has the knowledge and skills to carry out inspections of both general issues and occupational safety and health issues. The Committee notes that the Government is in the process of recruiting 15 inspectors with tertiary qualifications, and that workshops on inspection generally and on integrated inspection were provided for inspectors in April and May 2005, the second of which was an initiative of the ILO/ILSSA project for the improvement of labour systems in southern Africa. The Government is requested to keep the ILO informed of any development relating to the quantitative and qualitative strengthening of the human resources of the labour inspection services and, in particular, to indicate the measures adopted so that routine inspections can be programmed and carried out in all the categories of workplaces covered by the Convention.

4. Article 11. Transport facilities and reimbursement of the professional travelling expenses of labour inspectors. The Committee notes the indication that the public transport system is not well organized and that inspectors are not eager to use it. It further notes that, despite the donation of seven motorcycles to the Ministry of Employment and Labour in 2003 by the SLASA project for the strengthening of labour administration in southern Africa, the lack of means of transport continues to be critical. The Committee notes that, although there is no text providing a legal basis for the reimbursement of the travel expenses of inspectors, claims are made in writing to the accountant, subject to authorization by the supervisor. The Committee hopes that the Government will rapidly take measures for the provision of budgetary allocations to cover transport facilities and travel expenses so as to enable labour inspectors to undertake professional travel.

5. Article 3, paragraph 1(b). Provision of technical information and advice to employers and workers. With reference to its previous comments, the Committee notes the Government’s indication that, although the function of providing technical information and advice to employers and workers is not set out in the law, it is carried out by inspectors in practice, particularly through the holding of short seminars for them and, in general terms, when breaches of the law are identified. The Committee would be grateful if the Government would provide information in future reports on the subjects covered in these workshops, the categories of employers and workers for which they are intended and their impact on compliance with legal provisions relating to conditions of work and the protection of workers while engaged in their work.

6. Article 3, paragraph 1(c)). Contribution of the labour inspectorate to improving labour law. The Committee would be grateful if the Government would describe the manner in which labour inspectors influence the development of legislation and provide practical examples.

7. Articles 18 and 5(a). Adequate and effectively enforced penalties and effective cooperation between the inspection services and other institutions. With reference to its previous comments, the Committee hopes that the current amendment of the Labour Code will provide an occasion for the re-evaluation of the financial penalties applicable to those committing infringements and for the streamlining of procedures for the adjustment of the amounts of these penalties so that they can retain a dissuasive effect despite monetary fluctuations.

The Committee notes, according to the information provided by the Government, that judicial procedures are slow due to the heavy workload of the courts. Moreover, as most magistrates have no background in labour law, it is difficult to convince them that an offence has been committed. The Committee wishes to emphasize the need to develop effective cooperation between the inspection services and magistrates with a view to the credibility and effectiveness of the action of the labour inspectorate. It would be grateful if the Government would provide information on any measures adopted in this respect and, where appropriate, provide copies of any relevant texts.

8. Articles 19, 20 and 21. Reports by labour inspectors on their activities and the annual report of the central inspection authority. With reference to its previous comments, the Committee notes that the Government is planning to seek the necessary support to overcome the difficulties preventing district offices from discharging their obligation to provide a monthly report on their activities to the central inspection authority. It hopes that the Government will soon be in a position to publish and communicate to the ILO, in accordance with Article 20, an annual inspection report containing information on the subjects set out in Article 21.

9. Labour inspection and child labour. The Committee notes the study on child labour in Lesotho in 2004, according to which a certain percentage of children work in industries such as mining, construction, extraction and commerce. It requests the Government to provide information on the action of the labour inspection services and the results achieved in the field of child labour in these branches of economic activity.