Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Labour Inspection Convention, 1947 (No. 81) - Mozambique (Ratification: 1977)

The Committee notes the regulations governing the general labour inspectorate in Decree No. 45/2009 of 14 August 2009.

Articles 3(1)(b) and 13 of the Convention. Preventive activities of the labour inspection services in the area of occupational safety and health (OSH), including measures with immediate executory force. The Committee notes the information provided in the 2013 annual report of the general labour inspectorate on the preventive activities of the labour inspection services in collaboration with employers and workers (such as presentations, lectures and seminars) concerning various subjects, including OSH. Noting the absence of reply of the Government in this respect, the Committee once again requests the Government to send information on the application in practice and relevant statistical information in relation to section 12(m) of Decree No. 45/2009, providing labour inspectors with the authority to take measures with immediate effect – such as the suspension of all operations under way in the event of serious and imminent danger for life, safety and health of workers.

Article 3(2). Additional functions entrusted to labour inspectors. 1. Role of labour inspectors in monitoring the working conditions of foreign workers found in an irregular situation. In its previous comments, the Committee reminded the Government that, in accordance with the spirit and letter of the Convention, the labour inspectorate should control the application of the legal provisions respecting conditions of work and the protection of workers, without considering the legal nature of the employment relationship or the status of the worker. In this regard, it invited the Government to refer to paragraphs 75 et seq. of its 2006 General Survey on labour inspection, and to make sure that the labour inspection services are responsible for ensuring that workers whose employment relationship is suspended on the grounds of the illegality of their employment, obtain the social entitlements they acquired during the period of their employment. In this context, the Committee notes from the information provided in the annual report of the general labour inspectorate that 1,540 foreign workers in an illegal situation were detected in 2013, whose employment relationship was subsequently suspended. In the absence of any further information in this regard, the Committee once again requests the Government to indicate the measures taken or envisaged to guarantee that labour inspectors ensure that employers fulfil their obligations to foreign workers in an irregular situation, for the period of their actual employment, with regards to their wages and benefits, and their rights to leave and linked to seniority etc., including in cases where these workers are liable to expulsion from the country.

2. Role of labour inspections relating to the exercise of trade union rights. The Committee notes that, pursuant to section 4(5)(a) and (b) of Decree No. 45/2009 of 14 August 2009, the functions of the general labour inspectorate include that of registering trade unions, and verifying the legality of their by-laws. The Committee recalls, as it emphasized in its 2006 General Survey on labour inspection that labour inspectors should only exercise such supervision in exceptional cases, such as offences or violations of the law denounced by a significant number of members of trade unions and employers’ organizations (paragraph 80). The Committee requests the Government to take measures to ensure that labour inspectors are relieved from any tasks which might be perceived as to interfere in the activity of trade unions’ and employers’ organizations and therefore be prejudicial to the authority and impartiality necessary to inspectors in their relations with employers and workers.

3. Role of labour inspectors in conciliating and mediating labour disputes. The Committee notes that, pursuant to section 4(5)(c) and (d) of Decree No. 45/2009 of 14 August 2009, the functions of the general labour inspectorate include the provision of technical assistance concerning the process of collective bargaining and intervening in industrial conflicts. The Committee notes from the information in the 2013 annual report of the General Labour Inspectorate that in 2013, labour inspectors intervened in the conciliation and mediation of 124 labour disputes. The Committee notes from the same source that relevant requests decreased following the entry into operation of the Mediation and Arbitration Centres for Labour Disputes at the provincial level. The Committee welcomes these developments, recalling that Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), provides that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. The Committee requests the Government to clarify whether it is envisaged, in view of the establishment of the Mediation and Arbitration Centres, to relieve labour inspectors from the function of mediation and conciliation. Encouraging further steps in this regard, the Committee requests the Government to provide further information on the steps taken, including any legislative amendments to Decree No. 45/2009.

Article 6. Conditions of service of labour inspectors. The Committee notes that, in accordance with section 49 of Decree No. 45/2009 of 14 August 2009 regulating the general labour inspectorate, a ministerial decree shall determine the qualifications for positions within the general labour inspectorate, as well as the career structure and remuneration of inspection staff. The Committee requests the Government to specify the levels of remuneration and career prospects of labour inspectors in relation to other categories of public servants exercising similar duties, such as tax inspectors. In this regard, the Committee requests the Government to provide a copy of any legislative text implementing section 49 of Decree No. 45/2009.

Articles 6, 17 and 18. Legal protection of labour inspectors for initiating the necessary inspection procedures. The Committee notes that section 36 of Decree No. 45/2009 of 14 August 2009 provides for the rights granted to labour inspectors, where they are subject to legal proceedings with regard to their actions taken in the course of their duties (attorney’s fees, costs of litigation, transport costs, etc.). The Committee notes that, pursuant to section 36(3) of the Decree, labour inspectors have to reimburse the relevant costs incurred by the labour inspectorate where the court finds that labour inspectors have committed an individual or procedural error. Recalling the importance of guaranteeing labour inspectors’ working conditions to ensure their independence from any improper external influences, the Committee requests the Government to provide detailed information on the application in practice of section 36 including on proceedings initiated against labour inspectors over recent years (offences alleged, legal provisions invoked, duration of the proceedings, etc.) and their outcomes.