Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the report sent by the Government in response to its previous comments. It draws once again its attention to the following points.

Article 3, paragraph 1(b) and 5(b), of the Convention. Provision of technical information and advice by labour inspectorate officers to employers and workers. The Committee notes with interest that training meetings are held for employers and workers on a large number of subjects, such as rights and obligations at work, infringements identified during inspection visits, the role of the Labour Department, the handling of grievances and disciplinary procedures. The Committee requests the Government to continue to provide details on the information sessions organized (frequency, number and categories of persons attending them, etc.). Drawing the Government’s attention to Part II of the Labour Inspection Recommendation, 1947 (No. 81), which provides useful guidelines on the nature and types of collaboration between the labour inspectorate and employers’ and workers’ organizations in the area of occupational safety and health, it requests the Government to describe any arrangement made or envisaged to promote such collaboration.

Article 3, paragraph 1(c). Contribution of the labour inspectors to improving labour legislation. The Committee notes with interest that, before any labour law review is undertaken, labour inspectors are invited to bring up any issue relating to legal provisions which in their opinion needs to be discussed and that they may also raise legal issues during their annual meetings and at any time in the course of their work. The Committee would be grateful if the Government would provide examples of issues that were brought to the notice of the competent authority with a view to improving labour legislation and progress made, if any.

Articles 6 and 10. Labour inspection staff. Numbers, status and conditions of service. The Committee notes with interest that no inspector is appointed under contractual or temporary terms and that labour inspectors are appointed on a permanent basis, after a probationary period of one year. The Committee observes however with concern that, while more qualified inspectors have been recruited since 2005, the staff turnover within the labour inspectorate is extremely high, 15 experienced inspectors – out of a total of 50 inspectors – having recently left. It also notes with concern that, contrary to section 8(1) of the 2005 Public Service Act, which provides for advancement within the public service based on merit, according to the Government, there are no conditions governing the career advancement of labour inspectors. The Government indicates furthermore that the structure of the labour inspectorate provides them with very little room in this regard. The Committee cannot emphasize enough how important and necessary it is to guarantee labour inspection staff career prospects and conditions of service (level of remuneration, social insurance, stability in their employment, independence from any change of government and any improper external influence) such as to attract and retain qualified staff (General Survey of 2006 on labour inspection, paragraphs 209 and 221). The Committee accordingly urges the Government to take all appropriate measures aimed at ensuring that labour inspectors benefit, as public officials and with regard to the complexity of the duties entrusted to them and the level of their responsibility, from suitable conditions of service and  career prospects. It strongly encourages the Government to make sure that appropriate resources are allocated to the labour inspection system to this end.

Articles 11 and 16. Coverage of the labour inspection system and frequency of inspections. Need for transport facilities. The Committee notes the Government’s indication that no significant progress can be reported with regard to the means of transport made available to the inspection staff and the reimbursement of their professional travelling expenses. Since the most important part of the work of labour inspectors should be to visit workplaces liable to inspection so that they can ensure the enforcement of the legal provisions relating to conditions of work and the protection of the workers while engaged in their work, it is an obligation under this Convention that the Government takes all necessary steps to make available material and legal means to this end, taking into account the national possibilities and through international financial cooperation where available. It is essential that employers and workers are conscious of the clear commitment of the Government to fulfil its objectives in this regard which could be demonstrated by ensuring routine inspection visits of workplaces. With reference to its previous comments regarding the inspection system being based on complaints and, as a result, being reactive rather than proactive, the Committee requests the Government to take measures aimed at granting labour inspectors appropriate transport where necessary and access to adequate transport facilities where they exist, so that routine inspections can be programmed and effectively carried out as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Articles 17, 18 and 21(e). Legal proceedings, applicable penalties and relevant statistics. The Committee notes that, according to the Government’s 2008 report on the Labour Administration Convention, 1978 (No. 150), the legal section, which is responsible for the prosecution of employers in breach of labour law, has been removed from the operations of the Labour Department and, as a result, from the supervision of the Labour Commissioner. The Committee would be grateful if the Government would indicate the arrangements made to ensure  that the Labour Commissioner and the labour inspectorate are informed of the handling of cases transmitted by labour inspectors and results of the legal proceedings instituted. It would also be grateful if the Government would provide any judgement or extract of a judgement issued further to an inspection report, as well as any statistical data available on the number and type of violations of legislation reported by the labour inspectors, the number of cases prosecuted and the penalties imposed on employers. Noting also the Government’s indication that the fines and penalties under the Labour Code were re-evaluated, the Committee requests the Government to provide copy of the relevant legal provisions.

Articles 19, 20 and 21. Periodical reports by labour inspectors and annual report on the work of the labour inspection services. According to the Government, the annual report on the labour inspectorate activities will be prepared and provided in the near future. The Committee wishes to emphasize that without such a report it is not in a position to assess the functioning in practice of the labour inspection system. It also wishes to recall the importance of the annual report as a basis for a periodical assessment by the central inspection authority of the adequacy of the available resources in relation to needs and, consequently, to determine priority areas of action. The Committee accordingly asks the Government to take the necessary measures to enable the central inspection authority to prepare and publish an annual report on the work of the labour inspection services, containing the information required under Article 21. It invites the Government to draw the attention of the central labour inspection authority to the valuable guidance provided in Part IV of Recommendation No. 81 on the manner in which such information could be presented in order to reflect usefully the labour inspectorate’s work in practice. The Committee requests the Government to indicate any progress made in this respect and to provide with its next report any statistics available on industrial and commercial workplaces liable to inspection (number, size and sectors concerned), workers covered (number and categories), inspection visits performed (number and types as well as sectors concerned), industrial accidents and cases of occupational disease (number, sectors concerned, causes and consequences).