Labour Inspection Convention, 1947 (No. 81) - Eswatini (Ratification: 1981)

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

Previous comment

Article 3 of the Convention. Functions of labour inspectors. Conciliation. Following its previous comment, the Committee notes that section 8 of the Employment Act, section 82 of the Industrial Relations Act and sections 1, 2, 4, and 5 of the Guidelines for intervention by the Commissioner of Labour provide for the duty of the Commissioner of Labour to carry out functions of conciliation and resolution of industrial disputes. The Committee also notes that, according to section 9 of the Employment Act, labour inspectors do not assume functions related to conciliation. In addition, the Committee notes the Government’s indication that the Employment Act is currently under revision. The Committee requests the Government to clarify if labour inspectors are involved in the conciliation of industrial disputes, as may be requested by the labour commissioner, and if so to indicate what proportion of their time is expended on conciliation activities.The Committee also requests the Government to continue to provide information on the progress made in the adoption of the Employment Bill.

Articles 6. Employment stability of labour inspectors. Following its previous comment, the Committee notes the Public Service Act was adopted in 2018 (Act No. 5 of 2018). Its Part X (sections 48–50) provides for the general definition of misconduct and unsatisfactory services, the types of misconduct and application of penalties. The Committee observes that it does not seem to be linked with the performance assessments provided for by Part VII (sections 28–40). The Committee requests the Government to provide information on any misconduct of inspectors established and corresponding penalties applied since the adoption of the Public Service Act in 2018.

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

Previous comment

Articles 10, 11 and 16 of the Convention. Functioning and resources of the labour inspection system. Following its previous comment, the Committee notes the statistical information in the Government’s report. In 2020, the General Inspectorate Unit carried out a total of 458 labour inspections, including 402 initial or routine inspections and 56 follow-up inspections, which according to the Government, marked a significant decrease from 2019 due to the COVID-19 pandemic. The Government indicates that material resources, including motor vehicles allocated to the Department of Labour, were recalled and diverted to provide the necessary response to the COVID-19 pandemic. The unavailability of motor vehicles to conduct field work negatively impacted on the conduct of physical labour inspections. Moreover, few field inspections were carried out in 2021 due to the lack of personal protective equipment (PPE) to protect labour inspectors against COVID-19 virus. Consequently, the Government initiated a procurement process for appropriation of PPE which was planned to be finalised before the end of the 2021–22 financial year.

The Government also indicates that the implementation of the Strategic Compliance Plan, with the technical assistance provided by the ILO, mitigates against the challenges posed by the continued lack of resources, by maximizing labour inspection efforts based on available resources. In addition, the Government states that it is expected that the number of enterprises will increase at a faster rate than the capacity of the labour inspectorate to inspect them. As a result, the Department of Labour is in the process of designing an Inspection and Enforcement Policy in order to facilitate and ensure more effective implementation of an integrated approach to labour inspection, including the introduction of a unitary, integrated labour inspection system to replace the various specialist inspection services that have operated in the past. The Committee requests the Government to take the necessary measures to ensure sufficient material means for the effective discharge of the duties of the inspectorate, including transport facilities and personal protective equipment as necessary. It also requests the Government to continue to provide information on the number of inspections carried out and the number of inspectors. In addition, the Committee requests the Government to continue to provide information on specific measures taken or envisaged to ensure that workplaces are inspected as often and as thoroughly as is necessary for the effective application of the relevant legal provisions, including through the implementation of the Strategic Compliance Plan and the Inspection and Enforcement Policy.

Articles 20 and 21. Annual labour inspection report. The Committee notes that the Government report contains statistics on the number of inspection visits for the year 2020. It notes however that no information was provided with regard to the number of inspectors (Article21(b)), statistics of workplaces liable to inspection and the number of workers employed therein (Article21(c)), statistics of violations and penalties imposed (Article21(e)), statistics of industrial accidents (Article 21(f)), and statistics of occupational diseases (Article21(g)). The Committee once again notes that no annual report of the Department of Labour has been received by the ILO since 2005, although such reports are required in accordance with Article20 of the Convention. The Committee requests the Government to take the necessary measures to ensure the preparation, publication and regular communication to the ILO of annual reports of the labour inspectorate, which contain the information listed in Article 21 of the Convention.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Articles 6 and 7 of the Convention. The Committee notes the Public Service Bill 2009 provided with the Government’s report. The Bill introduces performance management into the public service including through the conclusion of annual performance agreements, the obligation to conduct quarterly performance assessments (section 40, paragraph 2, of the Bill) and performance pay (section 41 of the Bill). The Committee requests the Government to specify the legal consequences which will apply if an assessment performance is considered unsatisfactory in the framework of quarterly and yearly performance appraisals and the manner in which stability of employment will be ensured for labour inspectors in line with Article 6 of the Convention if the Bill is adopted. It also requests the Government to keep the Office informed of any developments concerning the adoption of the Bill.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 2, 3(1) and (2), 10, 11, 16 and 17 of the Convention. Functioning and resources of the labour inspection system. The Committee notes from the limited information provided in the Government’s report that the total number of inspections increased from 2,866 in 2009 to 3,548 in 2010, thus contributing, according to the Government, to a better awareness of national labour standards among employers. The Government refers to a single targeted inspection campaign conducted in the apparel industry during the reporting period and specifies that labour inspectors only carry out inspections pursuant to complaints due to the lack of transport facilities. According to the Government, despite the purchase of new cars, all the vehicles have been grounded due to cash flow problems. The Government also indicates that despite the fact that it has managed to fill all vacancies in the labour inspectorate, there is still need to establish new posts as the number of workplaces liable to inspection is increasing.

The Committee notes with regret that the Government’s report does not provide the information previously requested by the Committee on the steps taken or envisaged for the amendment or abrogation of the provisions of section 82 of the Industrial Relations Act and sections 1, 2, 4, and 5 of the Guidelines for intervention by the Commissioner of Labour, so that the Commissioner of Labour may be exempted from carrying out functions of conciliation and resolution of industrial disputes. The Committee refers to Article 3(1) and (2) of the Convention and notes that these functions are likely to interfere with the effective discharge of the primary enforcement and advisory duties of labour inspectors as identified in Article 3(1), or prejudice the authority and impartiality which are necessary to inspectors in their relations with employers and workers. In this respect, the Committee recalls the orientation provided by the Labour Inspection Recommendation, 1947 (No. 81), according to which the labour inspectors’ functions should not include that of acting as conciliator or arbitrator in labour disputes. The Committee therefore once again urges the Government to take the necessary measures so as to bring the Industrial Relations Act and the Guidelines for intervention by the Commissioner of Labour into conformity with Article 3(2) of the Convention by clearly dissociating the inspection and conciliation functions, so that labour inspectors can focus on their primary duties under Article 3(1), and to keep the ILO informed of all progress made in this regard.

Articles 20 and 21 of the Convention. Annual report. The Committee notes that no annual report of the Department of Labour has been received in the ILO since 2005 under Article 20 of the Convention. The Committee requests the Government to indicate the measures taken or envisaged in order to recommence the publication and regular communication to the ILO of annual reports of the Department of Labour which should contain the information listed in Article 21 of the Convention, including detailed information on the part of the activities of the Commissioner of Labour which concern the enforcement of legal provisions relating to conditions of work and the protection of workers as provided for in Article 3(1)(a) and (b). In the absence of an annual report, the Committee requests the Government to provide detailed information on the number of workplaces liable to inspection and the number of workers employed therein, the staff of the labour inspection service, statistics of inspection visits, violations detected and penalties imposed, as well as data on industrial accidents and cases of occupational disease.

The Committee recalls moreover that recommendations towards strengthening the labour inspection system of Swaziland were made by the ILO as early as 2005 in the framework of the “Improving Labour Systems in Southern Africa” (ILSSA) project. The Committee requests the Government to provide information on any steps taken or envisaged as a follow-up to these recommendations, and encourages the Government to continue to avail itself of ILO technical assistance, including in order to obtaining support in its research for the necessary funds in the framework of international cooperation, with a view to the progressive establishment of a labour inspection system which meets the requirements of the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 6 and 7 of the Convention. The Committee notes the Public Service Bill 2009 provided with the Government’s report. The Bill introduces performance management into the public service including through the conclusion of annual performance agreements, the obligation to conduct quarterly performance assessments (section 40, paragraph 2, of the Bill) and performance pay (section 41 of the Bill). The Committee requests the Government to specify the legal consequences which will apply if an assessment performance is considered unsatisfactory in the framework of quarterly and yearly performance appraisals and the manner in which stability of employment will be ensured for labour inspectors in line with Article 6 of the Convention if the Bill is adopted. It also requests the Government to keep the Office informed of any developments concerning the adoption of the Bill.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

Repetition

Articles 2, 3(1) and (2), 10, 11, 16 and 17 of the Convention. Functioning and resources of the labour inspection system. The Committee notes from the limited information provided in the Government’s report that the total number of inspections increased from 2,866 in 2009 to 3,548 in 2010, thus contributing, according to the Government, to a better awareness of national labour standards among employers. The Government refers to a single targeted inspection campaign conducted in the apparel industry during the reporting period and specifies that labour inspectors only carry out inspections pursuant to complaints due to the lack of transport facilities. According to the Government, despite the purchase of new cars, all the vehicles have been grounded due to cash flow problems. The Government also indicates that despite the fact that it has managed to fill all vacancies in the labour inspectorate, there is still need to establish new posts as the number of workplaces liable to inspection is increasing.

The Committee notes with regret that the Government’s report does not provide the information previously requested by the Committee on the steps taken or envisaged for the amendment or abrogation of the provisions of section 82 of the Industrial Relations Act and sections 1, 2, 4, and 5 of the Guidelines for intervention by the Commissioner of Labour, so that the Commissioner of Labour may be exempted from carrying out functions of conciliation and resolution of industrial disputes. The Committee refers to Article 3(1) and (2) of the Convention and notes that these functions are likely to interfere with the effective discharge of the primary enforcement and advisory duties of labour inspectors as identified in Article 3(1), or prejudice the authority and impartiality which are necessary to inspectors in their relations with employers and workers. In this respect, the Committee recalls the orientation provided by the Labour Inspection Recommendation, 1947 (No. 81), according to which the labour inspectors’ functions should not include that of acting as conciliator or arbitrator in labour disputes. The Committee therefore once again urges the Government to take the necessary measures so as to bring the Industrial Relations Act and the Guidelines for intervention by the Commissioner of Labour into conformity with Article 3(2) of the Convention by clearly dissociating the inspection and conciliation functions, so that labour inspectors can focus on their primary duties under Article 3(1), and to keep the ILO informed of all progress made in this regard.

Articles 20 and 21 of the Convention. Annual report. The Committee notes that no annual report of the Department of Labour has been received in the ILO since 2005 under Article 20 of the Convention. The Committee requests the Government to indicate the measures taken or envisaged in order to recommence the publication and regular communication to the ILO of annual reports of the Department of Labour which should contain the information listed in Article 21 of the Convention, including detailed information on the part of the activities of the Commissioner of Labour which concern the enforcement of legal provisions relating to conditions of work and the protection of workers as provided for in Article 3(1)(a) and (b). In the absence of an annual report, the Committee requests the Government to provide detailed information on the number of workplaces liable to inspection and the number of workers employed therein, the staff of the labour inspection service, statistics of inspection visits, violations detected and penalties imposed, as well as data on industrial accidents and cases of occupational disease.

The Committee recalls moreover that recommendations towards strengthening the labour inspection system of Swaziland were made by the ILO as early as 2005 in the framework of the “Improving Labour Systems in Southern Africa” (ILSSA) project. The Committee requests the Government to provide information on any steps taken or envisaged as a follow-up to these recommendations, and encourages the Government to continue to avail itself of ILO technical assistance, including in order to obtaining support in its research for the necessary funds in the framework of international cooperation, with a view to the progressive establishment of a labour inspection system which meets the requirements of the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 6 and 7 of the Convention. The Committee notes the Public Service Bill 2009 provided with the Government’s report. The Bill introduces performance management into the public service including through the conclusion of annual performance agreements, the obligation to conduct quarterly performance assessments (section 40, paragraph 2 of the Bill) and performance pay (section 41 of the Bill). The Committee requests the Government to specify the legal consequences which will apply if an assessment performance is considered unsatisfactory in the framework of quarterly and yearly performance appraisals and the manner in which stability of employment will be ensured for labour inspectors in line with Article 6 of the Convention if the Bill is adopted. It also requests the Government to keep the Office informed of any developments concerning the adoption of the Bill.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 2, 3(1) and (2), 10, 11, 16 and 17 of the Convention. Functioning and resources of the labour inspection system. The Committee notes from the limited information provided in the Government’s report that the total number of inspections increased from 2,866 in 2009 to 3,548 in 2010, thus contributing, according to the Government, to a better awareness of national labour standards among employers. The Government refers to a single targeted inspection campaign conducted in the apparel industry during the reporting period and specifies that labour inspectors only carry out inspections pursuant to complaints due to the lack of transport facilities. According to the Government, despite the purchase of new cars, all the vehicles have been grounded due to cash flow problems. The Government also indicates that despite the fact that it has managed to fill all vacancies in the labour inspectorate, there is still need to establish new posts as the number of workplaces liable to inspection is increasing.

The Committee notes with regret that the Government’s report does not provide the information previously requested by the Committee on the steps taken or envisaged for the amendment or abrogation of the provisions of section 82 of the Industrial Relations Act and sections 1, 2, 4, and 5 of the Guidelines for intervention by the Commissioner of Labour, so that the Commissioner of Labour may be exempted from carrying out functions of conciliation and resolution of industrial disputes. The Committee refers to Article 3(1) and (2) of the Convention and notes that these functions are likely to interfere with the effective discharge of the primary enforcement and advisory duties of labour inspectors as identified in Article 3(1), or prejudice the authority and impartiality which are necessary to inspectors in their relations with employers and workers. In this respect, the Committee recalls the orientation provided by the Labour Inspection Recommendation, 1947 (No. 81), according to which the labour inspectors’ functions should not include that of acting as conciliator or arbitrator in labour disputes. The Committee therefore once again urges the Government to take the necessary measures so as to bring the Industrial Relations Act and the Guidelines for intervention by the Commissioner of Labour into conformity with Article 3(2) of the Convention by clearly dissociating the inspection and conciliation functions, so that labour inspectors can focus on their primary duties under Article 3(1), and to keep the ILO informed of all progress made in this regard.

Articles 20 and 21 of the Convention. Annual report. The Committee notes that no annual report of the Department of Labour has been received in the ILO since 2005 under Article 20 of the Convention. The Committee requests the Government to indicate the measures taken or envisaged in order to recommence the publication and regular communication to the ILO of annual reports of the Department of Labour which should contain the information listed in Article 21 of the Convention, including detailed information on the part of the activities of the Commissioner of Labour which concern the enforcement of legal provisions relating to conditions of work and the protection of workers as provided for in Article 3(1)(a) and (b). In the absence of an annual report, the Committee requests the Government to provide detailed information on the number of workplaces liable to inspection and the number of workers employed therein, the staff of the labour inspection service, statistics of inspection visits, violations detected and penalties imposed, as well as data on industrial accidents and cases of occupational disease.

The Committee recalls moreover that recommendations towards strengthening the labour inspection system of Swaziland were made by the ILO as early as 2005 in the framework of the “Improving Labour Systems in Southern Africa” (ILSSA) project. The Committee requests the Government to provide information on any steps taken or envisaged as a follow-up to these recommendations, and encourages the Government to continue to avail itself of ILO technical assistance, including in order to obtaining support in its research for the necessary funds in the framework of international cooperation, with a view to the progressive establishment of a labour inspection system which meets the requirements of the Convention.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Further to its observation, the Committee would like to request the Government to provide the following information.

Articles 2 and 10 of the Convention. Human resources of the inspection services. With reference to its previous comments, the Committee notes that according to the Government, all vacant posts of inspectors have been filled, and the numbers are adequate, although there is a need for new posts to be created as the number of workplaces liable to inspection is increasing. The Committee notes from previously communicated Annual Reports of the Department of Labour, that a register of establishments liable to inspection is available. The Committee refers to its general observation of 2009 in which it strongly encourages Members to endeavour to improve existing registers as an essential step in order to assess the rate of coverage by labour inspection services and the relationship between the activities carried out and the resources available. The Committee would be grateful if the Government would provide further information on the increasing number of workplaces liable to inspection, in comparison to the number of labour inspectors and any measures envisaged in order to address this situation. It would also appreciate information on any inter-institutional cooperation for the improvement of the register of workplaces liable to labour inspection.

Articles 11 and 16. Material resources of the inspection services. With reference to its previous comments, the Committee notes with interest that according to the Government, the old and unserviceable vehicles of the labour inspectorate have been replaced with 11 new ones. Moreover, inspectors who happen to use their own vehicles for official duties are reimbursed for such expenses and are also paid a lunch allowance. The Committee requests the Government to communicate in its next report the legal text which establishes the right to reimbursement and allowances as well as the form used for these purposes. It would also be grateful if the Government would indicate the impact of the purchase of new material on the effectiveness of the activities of the labour inspectorate, in particular, on the numbers, frequency and regularity of labour inspection visits.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee takes note of the Government’s report received on 3 September 2009.

Article 3(2) of the Convention. Functions of labour inspectors. The Committee recalls that for a number of years it has observed that in settling disputes, labour inspectors risk assuming a burden that is detrimental to the performance of their primary duties set out in Article 3(1) of the Convention, i.e., securing the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, such as provisions relating to hours, wages, safety, hygiene and welfare, the employment of children and young persons, and other connected matters.

In its previous comments, the Committee had welcomed the amendments introduced in 2005 to the Industrial Relations Act (No. 1 of 2000) and in particular, the fact that sections 76, 77 and 78, as amended, provided that labour disputes would henceforth be referred directly to the Conciliation, Mediation and Arbitration Commission and not to the Commissioner of Labour or any person authorized to act on his or her behalf. The Committee had also noted however, that pursuant to section 82 of the Industrial Relations Act as amended, the Commissioner of Labour or any person authorized to act on his or her behalf, maintained the power to “intervene” in labour disputes, before being reported to the Commission, if he or she had reason to believe that they could have serious consequences for the employers, the workers or the economy if not resolved promptly.

The Committee notes the supplementary information provided by the Government in this regard in its latest report. It notes in particular the text of the Guidelines for intervention by the Commissioner of Labour (gazetted in Vol. XL111 of 1 September 2005). The Guidelines form an integral part of section 82 of the Industrial Relations Act (section 1.2 of the Guidelines) and lay down general principles to guide the Commissioner of Labour in “preventing or limiting” disputes and assisting employers, employees and their organizations in understanding “how the Commissioner will perform the dispute functions” in terms of section 82 of the Industrial Relations Act. The Committee observes that the Guidelines, which have the force of law, appear to lump together the functions of prevention (which form an integral part of labour inspection functions), with the functions of conciliation and resolution of disputes; in several sections of the Guidelines, the Commissioner of Labour does not appear to be limited to merely exercising prevention functions but is also empowered to a large extent to carry out conciliation.

In particular, according to sections 2.3.5 and 2.4 of the Guidelines, the Commissioner is empowered to, and indeed “should”, intervene in disputes irrespective of whether the parties to the dispute wish the Commissioner to do so, under a wide range of circumstances, including if “it is within the public interest generally” for the Commissioner to do so, before a dispute is reported to the Conciliation, Mediation and Arbitration Commission. A dispute is defined in very general terms as a dispute which “exists or may arise” between employees and their employers; trade unions and employers; trade unions themselves; or employer organizations themselves (section 2.2 of the Guidelines). Depending on the nature of the dispute, the Commissioner may intervene either “personally […] to resolve or prevent the dispute through conciliation” or by appointing a person of his/her choice, to conduct fact-finding and make recommendations for the prevention or resolution of the dispute. In particular, the Commissioner may appoint a “conciliator” in consultation with the Commission; a “commissioner” in consultation with the parties; or a judge after consultation with the President of the Industrial Court (section 2.5 of the Guidelines). More importantly, if a party reports a dispute to the Conciliation, Mediation and Arbitration Commission under section 76 of the Industrial Relations Act after the Commissioner of Labour has intervened but before that intervention has been completed, the Commission may, after consultation with the Commissioner of Labour, direct the Commissioner or persons appointed by the Commissioner “to conciliate the dispute” as if they were commissioners appointed by the Conciliation, Mediation and Arbitration Commission under section 80(1) of the Industrial Relations Act (section 4.1 of the Guidelines). Furthermore, if a party reports the dispute to the Conciliation, Mediation and Arbitration Commission after the Commissioner of Labour has completed an intervention in accordance with section 82 of the Industrial Relations Act, the Commission may deem the dispute to have been “conciliated” and issue the required certificate stating whether or not the dispute has been resolved (section 4.2 of the Guidelines). Section 5.1 of the Guidelines provides that an appropriate budget needs to be allocated to ensure that the Commissioner of Labour’s office is able to fulfil its obligations as set out in the Guidelines.

The Committee observes that under the Guidelines, the labour inspector (Commissioner of Labour) or a person of his/her choice, may be entrusted with both the prevention and the conciliation of disputes on his/her own initiative. Thus, the powers which had been lifted from the Commissioner of Labour under sections 76, 77 and 78 of the Industrial Relations Act as amended in 2005, appear to be reinvested in the Commissioner of Labour through the provisions of sections 2, 4 and 5 of the Guidelines, thereby preventing the legislative amendments of 2005 from producing any effect. The Committee also observes that this situation takes place within a certain context which was discussed at the Conference Committee on the Application of Standards in relation to the application of Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) in 2009, and that it emerges from the Government’s report under that Convention that, further amendments to the Industrial Relations Act are currently under way.

The Committee recalls that according to Article 3(2) of this Convention, any further duties which may be entrusted to labour inspectors should not be such as to interfere with the effective discharge of their primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. In this respect, the Committee also emphasizes 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 indicate in its next report the measures taken or considered for the amendment or abrogation of the provisions of section 82 of the Industrial Relations Act, and sections 1, 2, 4, and 5 of the Guidelines for intervention by the Commissioner of Labour, so that the Commissioner of Labour may be exempted from carrying out functions of conciliation and resolution of industrial disputes, which are likely to interfere with the effective discharge of the primary duties of labour inspectors, or prejudice the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

The Committee also requests the Government to provide information on the part of the activities of the Commissioner of Labour, which concern the enforcement of the legal provisions relating to conditions of work, the protection of workers compared to the part of activities which concern conciliation and the settlement of disputes.

Articles 20 and 21. Annual labour inspection report. In its previous comments, the Committee had welcomed the detailed information provided in the 2005 annual report of the Department of Labour. The Committee notes however, that no subsequent annual reports have been received. It recalls that according to Article 20(3) of the Convention, the obligation to communicate the annual labour inspection reports within a reasonable period after their publication, is an ongoing one. The Committee would therefore be grateful if the Government would ensure that the annual report of the Department of Labour was communicated on a regular basis and that they continued to contain the information listed in Article 21 of the Convention.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee refers the Government to its observation and asks it to provide further information on the following points.

Article 3, paragraph 2, of the Convention. Functions of labour inspectors. The Committee refers to its observation and notes that according to the Industrial Relations Act (No. 1) of 2000 (section 82, as amended in 2005), the Commissioner of Labour or any person authorized to act on his behalf, is empowered to intervene in a labour dispute if he has reason to believe that it could have serious consequences for the employers, the workers or the economy if not resolved promptly. The Committee would be grateful if in its next report the Government would describe the procedure under which such authority is exercised. It would be grateful if the Government would keep the ILO informed of cases in which this provision is used.

Articles 10 and 11. Human and material resources of the inspection services. According to information in the report of the Department of Labour for 2005, the inspectorate faces a shortage of staff, equipment and transport facilities. The Committee notes from a table showing the Occupational Safety and Health Unit’s activities for 2005, that the number of workplace inspections varies considerably from one month to another. A footnote indicates that the number of inspections was high in March because transport was available. The Committee requests the Government to indicate the reasons why transport is more often than not unavailable. It would be grateful if the Government would indicate how effect is given to the provisions of paragraph 1(b) and paragraph 2 of Article 11 of the Convention. Lastly, the Government is asked to keep the Office informed of any measures taken or envisaged, either nationally or in the context of international cooperation, to obtain the necessary resources to strengthen the staff of the labour inspectorate and improve the conditions of work of inspectors.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 3, paragraphs 1 and 2, of the Convention. Review of the functions of the labour inspectorate. Further to its previous and repeated comments to the effect that in settling disputes labour inspectors assume a burden that is detrimental to the performance of their primary duties set out in Article 3, paragraph 1, the Committee notes with satisfaction that following the 2005 amendment to the Industrial Relations Act (No. 1 of 2000) (particularly sections 76, 77 and 78), labour disputes are now referred directly to the Conciliation, Mediation and Arbitration Commission, and not to the Commissioner of Labour or any person authorized to act on his behalf.

2. Articles 20 and 21. Annual labour inspection report. The Committee also notes with interest that the annual report of the Department of Labour for 2005 contains detailed information and statistics on the work of the inspection services and on their resources and their constraints in the light of their needs. This information is a valuable tool for evaluating the functioning and the results of the inspection services and an essential basis on which to determine appropriate budgetary funding for the future.

The Committee is addressing a request on other matters directly to the Government.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the information provided in reply to its previous comments, and the very complete data contained in the 2004 annual report of the Department of Labour. It requests the Government to continue transmitting this report regularly to the ILO, in accordance with Article 20, paragraph 3, of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Referring also to its observation the Committee requests the Government to supply information on the conclusions of the audit recently conducted through the Public Sector Management Programme (PSMP) and on the measures recommended as a result with a view to improving conditions of service for all workers in the public sector, including labour inspectors.

The Committee requests the Government also to supply details on the progress of the draft legislation concerning occupational health and safety submitted to Parliament, and if the text has already been adopted, to supply a copy to the ILO.

The Committee notes that the 1998 inspection report does not contain, as laid down in Article 21(c), statistics of workplaces liable to inspection. It therefore requests the Government once again to ensure that this information is provided in future annual labour inspection reports so that it can evaluate fully the manner in which effect is given to Articles 10 and 16.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Further to its previous comments in which it requested the Government to take measures to give effect to Article 3(2) of the Convention, the Committee notes with interest the indication concerning adoption of the Industrial Relations Act No. 1 of 2000 to establish a new industrial dispute resolution mechanism which will be provided by an independent body so that in future labour inspectors will be able to concentrate on their primary duties. The Committee would be grateful if the Government would supply a copy of the full text of this Act to enable it to ascertain the impact on the application of Article 3(2).

The Committee notes with interest the detailed information contained in the 1998 inspection report which includes comparative statistical tables on a number of subjects covering the previous four years and providing indications on the frequency of meetings and the subjects discussed by the advisory boards in respect of the matters covered by the Convention. The Committee notes, however, with concern that the Pneumoconiosis Medical Board has found difficulty in operating because the asbestostotic patients concerned are no longer employed and cannot afford to pay the travel costs to attend the Board or to pay for the X-rays needed for re-examinations and therefore die sooner. The Committee expresses the hope that the Government will implement appropriate measures to entrust labour inspectors with the task of identifying the persons concerned and that appropriate solutions will be found to alleviate their poverty and give them the care required by their state of health, if necessary resorting to technical cooperation and international funding with a view to developing social security measures for this purpose.

The Committee is addressing a request on other points directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Referring also to its observation, the Committee notes the Government’s report and the attached documents.

The Committee requests the Government to supply information on the conclusions of the audit recently conducted through the Public Sector Management Programme (PSMP) and on the measures recommended as a result with a view to improving conditions of service for all workers in the public sector, including labour inspectors.

The Committee requests the Government also to supply details on the progress of the draft legislation concerning occupational health and safety submitted to Parliament, and if the text has already been adopted, to supply a copy to the ILO.

The Committee notes that the 1998 inspection report does not contain, as laid down in Article 21(c), statistics of workplaces liable to inspection. It therefore requests the Government once again to ensure that this information is provided in future annual labour inspection reports so that it can evaluate fully the manner in which effect is given to Articles 10 and 16.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation, which read as follows:

Further to its previous comments in which it requested the Government to take measures to give effect to Article 3(2) of the Convention, the Committee notes with interest the indication concerning adoption of the Industrial Relations Act No. 1 of 2000 to establish a new industrial dispute resolution mechanism which will be provided by an independent body so that in future labour inspectors will be able to concentrate on their primary duties. The Committee would be grateful if the Government would supply a copy of the full text of this Act to enable it to ascertain the impact on the application of Article 3(2).

The Committee notes with interest the detailed information contained in the 1998 inspection report which includes comparative statistical tables on a number of subjects covering the previous four years and providing indications on the frequency of meetings and the subjects discussed by the advisory boards in respect of the matters covered by the Convention. The Committee notes, however, with concern that the Pneumoconiosis Medical Board has found difficulty in operating because the asbestostotic patients concerned are no longer employed and cannot afford to pay the travel costs to attend the Board or to pay for the X-rays needed for re-examinations and therefore die sooner. The Committee expresses the hope that the Government will implement appropriate measures to entrust labour inspectors with the task of identifying the persons concerned and that appropriate solutions will be found to alleviate their poverty and give them the care required by their state of health, if necessary resorting to technical cooperation and international funding with a view to developing social security measures for this purpose.

The Committee is addressing a request on other points directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Referring also to its observation, the Committee notes the Government’s report and the attached documents.

The Committee requests the Government to supply information on the conclusions of the audit recently conducted through the Public Sector Management Programme (PSMP) and on the measures recommended as a result with a view to improving conditions of service for all workers in the public sector, including labour inspectors.

The Committee requests the Government also to supply details on the progress of the draft legislation concerning occupational health and safety submitted to Parliament, and if the text has already been adopted, to supply a copy to the ILO.

The Committee notes that the 1998 inspection report does not contain, as laid down in Article 21(c), statistics of workplaces liable to inspection. It therefore requests the Government once again to ensure that this information is provided in future annual labour inspection reports so that it can evaluate fully the manner in which effect is given to Articles 10 and 16.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Further to its previous comments in which it requested the Government to take measures to give effect to Article 3(2), of the Convention, the Committee notes with interest the indication concerning adoption of the Industrial Relations Act No. 1 of 2000 to establish a new industrial dispute resolution mechanism which will be provided by an independent body so that in future labour inspectors will be able to concentrate on their primary duties. The Committee would be grateful if the Government would supply a copy of the full text of this Act to enable it to ascertain the impact on the application of Article 3(2).

The Committee notes with interest the detailed information contained in the 1998 inspection report which includes comparative statistical tables on a number of subjects covering the previous four years and providing indications on the frequency of meetings and the subjects discussed by the advisory boards in respect of the matters covered by the Convention. The Committee notes, however, with concern that the Pneumoconiosis Medical Board has found difficulty in operating because the asbestostotic patients concerned are no longer employed and cannot afford to pay the travel costs to attend the Board or to pay for the X-rays needed for re-examinations and therefore die sooner. The Committee expresses the hope that the Government will implement appropriate measures to entrust labour inspectors with the task of identifying the persons concerned and that appropriate solutions will be found to alleviate their poverty and give them the care required by their state of health, if necessary resorting to technical cooperation and international funding with a view to developing social security measures for this purpose.

The Committee is addressing a request on other points directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Referring also to its observation, the Committee notes the Government’s report and the attached documents.

The Committee requests the Government to supply information on the conclusions of the audit recently conducted through the Public Sector Management Programme (PSMP) and on the measures recommended as a result with a view to improving conditions of service for all workers in the public sector, including labour inspectors.

The Committee requests the Government also to supply details on the progress of the draft legislation concerning occupational health and safety submitted to Parliament, and if the text has already been adopted, to supply a copy to the ILO.

The Committee notes that the 1998 inspection report does not contain, as laid down in Article 21(c), statistics of workplaces liable to inspection. It therefore requests the Government once again to ensure that this information is provided in future annual labour inspection reports so that it can evaluate fully the manner in which effect is given to Articles 10 and 16.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Further to its previous comments in which it requested the Government to take measures to give effect to Article 3(2), of the Convention, the Committee notes with interest the indication concerning adoption of the Industrial Relations Act No. 1 of 2000 to establish a new industrial dispute resolution mechanism which will be provided by an independent body so that in future labour inspectors will be able to concentrate on their primary duties. The Committee would be grateful if the Government would supply a copy of the full text of this Act to enable it to ascertain the impact on the application of Article 3(2).

The Committee notes with interest the detailed information contained in the 1998 inspection report which includes comparative statistical tables on a number of subjects covering the previous four years and providing indications on the frequency of meetings and the subjects discussed by the advisory boards in respect of the matters covered by the Convention. The Committee notes, however, with concern that the Pneumoconiosis Medical Board has found difficulty in operating because the asbestostotic patients concerned are no longer employed and cannot afford to pay the travel costs to attend the Board or to pay for the X-rays needed for re-examinations and therefore die sooner. The Committee expresses the hope that the Government will implement appropriate measures to entrust labour inspectors with the task of identifying the persons concerned and that appropriate solutions will be found to alleviate their poverty and give them the care required by their state of health, if necessary resorting to technical cooperation and international funding with a view to developing social security measures for this purpose.

The Committee is addressing a request on other points directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government has not communicated a report in response to its earlier comments. It notes with interest, however, the detailed information supplied regarding the activities of the labour inspection in the annual report of the Ministry of Labour for 1997. With reference to its earlier comments, the Committee draws the attention of the Government to the following points.

Article 3 of the Convention. The Committee notes yet again that the role of the inspection services in resolving individual and collective labour disputes represents an overly large part of their activities in view of their main duties as defined in paragraph 1 of this Article. On the other hand, the statistics of visits to establishments by the inspectorate show a large drop for 1997, contrary to the intentions announced by the Government in its report for the period ending May 1997. The Committee therefore requests the Government to supply information on the measures taken to avoid, in compliance with paragraph 2 of the same Article, the activities regarding the resolving of labour disputes of the labour inspection services interfering with their primary duties.

Article 11, paragraphs 1(a) and (b) and 2. The Committee again requests the Government to supply information on all improvements in the material working conditions of inspectors as regards offices and equipment.

Article 13, paragraph 2(b). The Committee requests the Government to supply information on all steps taken to empower labour inspectors to take measures with immediate executory force in the event of imminent danger to the health or safety of workers.

Articles 10, 16 and 21. The annual report of the Department of Labour from 1997 does not specify, as required under Article 21(c), the number of workplaces liable to inspection. The Committee is therefore unable to evaluate the degree of application of Articles 10 and 16 and hopes that this information will be provided in the future annual reports of the labour inspection.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government in its report. It also notes the 1995 annual report by the Department of Labour which states that in 1995 the activities of the Factories Inspectorate were basically those pertaining to occupational health and safety and enforcement of factories, machinery and construction legislation. The Committee notes with interest the indication in the report that the purpose of these activities was to promote and improve safety and health and the well-being of workers and also, as such activities are directly linked with production and the economy, to enhance production and the economy of the country. The Committee also notes with interest the activities under the 1991-1995 Project on the Strengthening of the Factories Inspectorate, which included in 1995, inter alia, a workshop on ILO Convention No. 155 and the adoption of an action plan for the promotion and implementation of that Convention, a methodology course and purchase of equipment.

Article 3, paragraph 2, of the Convention. The Committee notes the information provided by the Government that over and above the duties provided for under this Article, the inspectors are required to receive and investigate reports of complaints and disputes. It requests the Government to provide information on measures taken to avoid that these functions interfere with the inspectors primary duties under the Convention.

Article 7 of the Convention. The Committee notes the information provided by the Government that the process of training is slow as funds are short. It notes the information contained in the Department of Labour 1995 report that under the project on the "strengthening of the factories inspectorate" on job training in accidents and occupational diseases notification, recording and investigation, steam boilers and pressure vessels, were received by all factory inspectors. The Committee hopes that the Government will continue to provide information on any further training received by inspectors.

Article 11, paragraphs 1(a) and (b) and 2. The Committee notes with interest that at least one vehicle has been made available to each of the area offices and that labour inspectors are reimbursed travel expenses and are paid subsistence allowance. It notes however that there are problems with suitable equipment and that factory inspectors still have a limited number of field monitoring and evaluation equipment. The Committee hopes that the Government will provide information on any progress made as concerns the provision of offices suitably equipped.

Article 13, paragraph 2(b). In its previous comments the Committee noted the absence of provisions empowering inspectors to take measures with immediate executory force in the event of imminent danger to the health or safety of workers. The Committee once again expresses the hope that the Government will take the necessary measures to adopt shortly provisions to ensure the application of this provision of the Convention. It requests the Government to provide information on steps taken to this effect.

Articles 10 and 16. The Committee notes the information provided in the 1995 annual report of the Department of Labour that the quality of inspections and inspection reports has continued to improve, that as concerns health and safety inspections more inspections were carried out in 1995 than in previous years. The Committee also notes however the indication that the number of factory inspectors being still low, it was not possible to attend all factories as frequently as necessary. The Committee requests the Government to provide information on progress made in ensuring that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate and to ensure that workplaces are inspected as often and as thoroughly as is necessary for the effective application of the relevant legal provisions.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Further to its previous comments, the Committee notes with interest the information contained in the Government's brief report for the period ending September 1995 indicating that the draft Industrial Relations Act, 1995, which it states has taken into consideration the comments previously made by the Committee, has been approved, with some amendments, by the House of Assembly and that it was being submitted to the House of Senate. The Government further states that the draft Employment Act, 1995, is awaiting discussion by a tripartite committee before its submission to the competent authorities. The Committee hopes, as the Government anticipates, copies of the texts of both Acts will be sent to the Office as soon as they are adopted. The Committee reiterates its hope that in future the Government will be able to provide reports on the application of the Convention in accordance with the report form approved by the Governing Body, and dealing in particular with the following matters that the Committee has been raising for several years:

- Article 11, paragraphs 1(b) and 2, of the Convention (granting of car loans to labour inspectors and the provision of vehicles to the labour inspectorate);

- Article 13, paragraph 2(b) (the adoption of the Improvement and Prohibition Notices Regulations intended to empower inspectors to order measures with immediate executory force in the event of imminent danger to the health or safety of workers);

- Articles 20 and 21 (the need to resume the supply of annual inspection reports containing all the information listed in Article 21, particularly as regards numbers of workplaces liable to inspection and workers employed in them (Article 21(c)).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous comments, the Committee notes the information provided in the brief government report that the draft Industrial Relations Act is before the Labour Advisory Board for further consideration and action. Please provide details on any progress in this regard. The Committee would also be grateful if the Government would, in the future, provide reports on the application of this Convention in accordance with the report form approved by the Governing Body, dealing in particular with the following matters:

Article 11, paragraphs 1(b) and 2 of the Convention (granting of car loans to labour inspectors and the provision of vehicles to the labour inspectorate);

Article 13, paragraph 2(b) (the adoption of the Improvement and Prohibition Notices Regulations intended to empower inspectors to order measures with immediate executory force in the event of imminent danger to the health or safety of workers);

Articles 20 and 21 (the need to resume the supply of annual inspection reports, including the one for 1990 to which the Government had earlier referred, and containing all the information listed in Article 21, particularly as regards numbers of workplaces liable to inspection and workers employed in them (Article 21(c)).

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 11, paragraphs 1(b) and 2 of the Convention. Further to its previous comments, the Committee notes the encouraging information provided concerning the granting of car loans to labour inspectors and the provision of vehicles to the labour inspectorate. Please continue to describe developments in this respect.

Article 13, paragraph 2(b). In previous direct requests, the Committee expressed the hope that the Improvement and Prohibition Notices Regulations (to which the Government has previously referred) would soon be adopted with a view to empowering inspectors to order measures with immediate executory force in the event of imminent danger to the health or safety of workers. The Committee notes that still no progress has been achieved. It trusts that any technical cooperation in areas relating to the labour inspectorate will have as at least part of their objectives the promotion of these important regulations. Please continue to describe developments in this area.

Articles 20 and 21. The Committee notes mention in the Government's report of a 1990 annual report; unfortunately it has not been received. The Committee hopes that annual reports will be published and sent on time, and that they will include all the required information, particularly as regards numbers of workplaces liable to inspection and workers employed in them.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 11, paragraphs 1(b) and 2, of the Convention. Further to its previous comments, the Committee notes the information provided, including the extracts from the General Orders, concerning reimbursements for travel expenses incurred by labour inspectors. The Committee would be grateful if the Government would include in future reports all available information on further progress made in applying these provisions of the Convention.

Article 13, paragraph 2(b). In previous direct requests the Committee expressed the hope that the Improvement and Prohibition Notices Regulations (to which the Government has previously referred) would soon be adopted with a view to empowering inspectors to order measures with immediate executory force in the event of imminent danger to the health or safety of workers. The Committee notes, once again, that no progress has been achieved in this respect. It looks forward to the Government soon being in a position to report that the necessary steps have been taken.

Article 21. The Committee notes with interest the information contained in the annual report of the Department of Labour for 1989, in particular relating to occupational diseases. Although no statistics of workplaces liable to inspection and the number of workers employed therein are included (Article 21(c)), the Government indicates that action is being taken to compile such information. The Committee hopes the next report will give details.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 11, paragraph 1(b) and (c) of the Convention. With reference to its previous direct request, the Committee notes the Government's statement that appeals are being made to the authorities concerned to grant loans to inspectors for the purchase of their own vehicles for the purpose of carrying out their duties effectively. It hopes that these arrangements will facilitate the performance of the inspection duties and requests the Government to indicate, in its next report, progress achieved in this connection and also to supply information on arrangements made to reimburse to labour inspectors any travelling and incidental expenses incurred in the performance of their duties.

Article 13, paragraph 2(b). In its previous direct request, the Committee expressed the hope that the Improvement and Prohibition Notices Regulations (to which the Government referred in its report for 1985) would soon be adopted with a view to empowering inspectors to order measures with immediate executory force in the event of imminent danger to the health or safety of workers. However, it notes from the Government's report that no progress has been achieved in this respect and that at present legal measures with immediate executory force are available only in mines and quarries. The Committee trusts that the Government will take the necessary steps to adopt shortly provisions to ensure the effective application of this paragraph of the Convention.

Article 21. The Committee notes that the annual report of the Department of Labour for 1986, does not include information on statistics of workplaces liable to inspection and the numbers of workers employed therein and on statistics of occupational diseases (subparagraphs (c) and (g) of Article 21). It hopes that future inspection reports will contain all the information called for in Article 21.