Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Zimbabwe (Ratification: 1993)

Other comments on C129

Observation

Direct Request

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The Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81), to the extent that they also relate to the application of this Convention.

Articles 6(1)(a) and (b), 14 and 21 of the Convention. Number of labour inspectors in agriculture. In reply to the previous comments of the Committee, the Government states that it does not have disaggregated data making it possible to compare the share of labour inspection activities in the agricultural sector with that of other sectors. According to the Government, the labour inspectors and designated officials of the Employment Council work together by means of joint inspections. In the event of an inspector identifying alleged violations requiring the intervention or skills of other inspectors, the information is shared, giving rise to follow-up inspections.

The Committee notes that, according to the Government, the major challenge to an efficient labour inspection service in the agricultural sector is the limited number of inspectors allocated to this sector, and the designated officials, especially during the seasonal peak periods. The Government nevertheless points out that it will continue its negotiations with the Employment Council concerned, with a view to increasing the number of inspectors it employs. The Committee asks the Government to communicate information on any measures taken to increase the number of labour inspectors carrying out functions in agriculture so that agricultural undertakings can be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in accordance with Article 21 of the Convention.

Articles 6(1)(a) and (b), 17, 18 and 19(2). Labour inspection functions in the area of occupational safety and health (OSH). In its previous comments, the Committee requested the Government to keep the ILO informed of progress made in amending OSH legislation so as to extend its application to agriculture and formally extend the functions of the labour inspectorate in this area. According to the Government, the principles for harmonizing all legislation on OSH were approved by the Council of Ministers in February 2013. Furthermore, the Government organized a workshop designed to establish a consensus on OSH legislation in April 2013, in collaboration with the social partners and with ILO support, which included the presentation of the abovementioned principles, a review of the legislation in force and a discussion on ratified OSH Conventions, with a view to ensuring that the main provisions of these Conventions are incorporated into the new legislation. Work is under way on a preliminary draft which will be submitted to the Attorney-General’s Office in September 2013. According to the Government, OSH legislation will apply to all sectors of the economy, which will extend labour inspection functions to the agricultural sector. The Committee requests the Government to send a copy of the new Act as soon as it has been adopted. It hopes that the Government will soon be in a position to report on the activities of prevention and enforcement of OSH legislation carried out by the labour inspectors in agriculture, in accordance with Articles 6(1)(a) and (b), 17, 18 and 19(2) of the Convention.

Articles 6(1)(a), 22 and 24. Enforcement of legislation on freedom of association rights and wage payments. In its previous comments, the Committee requested the Government to provide detailed information and data on the activities of the labour inspectorate in agriculture aimed at the enforcement of legislation on freedom of association rights and wage payment, indicating in particular the number of visits carried out, the violations found and the penalties imposed. The Government points out that monitoring the enforcement of legislation on freedom of association rights and wage payment is among the inspection activities of the Employment Council for the agricultural sector. The labour inspectors guarantee the payment of wages by inspecting the payroll and issuing of payslips; they also check the existence of workers’ committees, works councils, the presence of trade unions in the enterprise and the existence of collective agreements. Between 1 January and 30 August 2013, the inspectors from the Employment Council for the agricultural sector carried out 853 inspections and recorded 153 incidents that had given rise to complaints. The Committee requests the Government to send, for the period covered by its next report, specific and detailed information on the number of inspection visits carried out in agricultural undertakings, the cases that have been investigated following complaints, the number of violations detected (referring to the specific legislation infringed), including with respect to freedom of association and the payment of wages, and on the penalties imposed.

Article 15. Transport facilities made available for labour inspection in agriculture. The Government states that no motor vehicle is specifically assigned to the agricultural sector. However, the number of vehicles available to labour inspectors, such as those of the Employment Council of the agricultural sector, is as follows: one in Chinhoyi, one in Harare, one in Gweru, one in Mutare and one in Bulawayo. The Government is planning to acquire more vehicles in the future. The Committee requests the Government to provide information on any improvements in the number and/or characteristics of motor vehicles made available to labour inspectors in agriculture to enable them to travel to enterprises, including those that are difficult to reach.

Noting, moreover, the Government’s wish to obtain further technical assistance from the ILO to support the labour inspection project under way, the Committee invites it to address a formal request to the Office and communicate in its next report information on any developments in this respect.

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