Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Labour Inspection Convention, 1947 (No. 81) - Lesotho (Ratification: 2001)

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Articles 4, 6, 10 and 11 of the Convention. Organization, human resources and material means of the labour inspection services. Following its previous comment, the Committee notes the Government’s indication in its report that in order to address the challenges faced by the labour inspection system, the inspectorate has continued to implement the ILO Strategic Compliance Planning (SCP) model, which has provided the inspectorate with a methodology to achieve compliance outcomes, even with limited resources. The Government further indicates that, during the reporting period, the labour inspectorate faced other major challenges that influenced its performance, including the impossibility of holding training for workers and employers due to limited resources and a lack of transport in seven of the ten districts. The Committee also notes the list of obstacles and constraints submitted by the Government, which highlights, inter alia, a lack of cooperation between ministries, deficiencies regarding the training of inspectors and a lack of measuring tools. The Committee notes the proposal of the Ministry of Public Service, Labour and Employment to provide for an increase in the number of labour inspectors and the establishment of a separate inspection unit at the Ministry, and the information that there are three district labour officers (DLOs) (all women), 27 labour and occupational safety and health (OSH) inspectors (20 women and seven men) and three labour officers (all women) who perform similar duties to those of labour inspectors in the ten districts of Lesotho. The Committee urges the Government to take concrete measures to allocate the financial resources necessary to meet the most urgent priorities for the improved functioning of the labour inspection system and to provide information on any progress made in this regard. The Committee requests the Government to continue to provide information on the number of labour and OSH inspectors, the number of sanctioned posts, and any recruitment of new inspectors. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in addressing the issues concerning the efficiency of the labour inspection system.

Articles 6, 7(1) and (2). Recruitment and conditions of service of labour inspectors. Following its previous comment, the Committee notes the Government’s indication that the DLOs are on grade G salary scale and report directly to the inspections manager, who is on grade I salary scale. The Government indicates that, during the April 2022 to March 2023 period, there were only three DLOs officially appointed to oversee and supervise district labour office activities. However, when there is no DLO officially appointed, the labour inspector with the highest educational qualification and experience performs the duties of a labour inspector, combined with duties of a DLO. The Government also provides information on the salary grades of other labour and OSH inspectors. The Committee notes the Government’s indication that challenges include low staff morale and corrupt activities by labour inspectors. The Committee requests the Government to indicate the specific criteria and methods for selecting candidates for the profession and to indicate if the compulsory placement of labour inspectors still takes place. It also requests the Government to provide information on theconditions of service of labour inspectors and, in particular, detailed information on wages and career prospects as compared to other types of public officials performing similar duties (for example, tax inspectors and the police). The Committee requests the Government to indicate any measures adopted in order to address the challenges identified, including with specific reference to the corrupt activities of labour inspectors.

Articles 20 and 21. Annual labour inspection report. The Committee notes the statistical information included in the Government’s report, including information on the number of inspectors, the number of labour and OSH inspections carried out in the 2022–23 period, and the number of accidents and dangerous occurrences during the same period. The Government refers to the inadequate reporting system on occupational accidents and to the limited number of occupational health practitioners to determine the link between exposure and occupational diseases. The Committee therefore once again requests the Government to provide information on the progress made in the development of a computerized labour inspectorate, also in the framework of the implementation of the SCP model. It also requests the Government to provide information on the publication of the labour inspection annual report, in accordance with Article 20(1) of the Convention, and on the inclusion in such report of all the information required by Article 21, including on statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), statistics of violations and penalties imposed (Article 21(e)); and statistics on occupational diseases (Article 21(g)).

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