Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 129) sur l'inspection du travail (agriculture), 1969 - Zimbabwe (Ratification: 1993)

Referring to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to reply to the questions raised in that framework to the extent that they relate to labour inspection in agriculture.

In addition, the Committee draws the Government’s attention to the following.

Article 6(1) of the Convention. Enforcement of legislation on freedom of association rights and wage payment. The Committee takes note of the Government’s reply to the comments made by the Zimbabwe Congress of Trade Unions (ZCTU) in September 2009. The Government indicates that these comments concerned events that have in the meantime become obsolete. In particular, the question of wage levels and their payment has been resolved since the introduction of the multiple currency system in February 2009. According to the Government, the major obstacle to the effective functioning of the enforcement mechanism has been that of limited financial and material resources. Recalling that the comments of the ZCTU referred to grave issues like acts of violence against trade unionists and the absence of an effective enforcement mechanism to address the non-payment of wages, the Committee requests 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. Please indicate in particular, the number of visits carried out, including incidents investigated in response to complaints, the violations found and the sanctions imposed to ensure the effective enforcement of the relevant provisions.

Articles 6(1), 17, 18 and 19. Labour inspection functions in the area of occupational safety and health. The Government indicates that there is currently no labour inspection on occupational safety and health (OSH) in agriculture even though in practice OSH inspectors from the National Social Security Authority conduct inspections in farms notwithstanding the legislative gaps. Furthermore, in the event of occupational accidents in farms the OSH inspectors are supposed to conduct inspections to enable processing of workers’ compensation (Statutory Instrument 68 of 1990: National Social Security Authority (Accident Prevention and Workers’ Compensation Scheme) Notice, 1990).

The Committee notes, however, the information by the Government according to which, in the framework of a concerted effort to harmonize all legislation on OSH in Zimbabwe so as to cover agriculture, the OSH legislation is being reviewed with the intention to extend the coverage of the Factories and Works Act to include the agricultural industry. This development will enhance the work of the presently existing inspectorates.

The Committee would be grateful if the Government would 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. It hopes that the Government will soon be in a position to report on the activities carried out by labour inspectors in agriculture with regard to both enforcement and prevention in line with Articles 6(1), 17 and 18 of the Convention. The Committee also requests the Government to provide any available statistical information on occupational accidents and cases of occupational disease recorded in agriculture (Article 19).

Articles 16(1), 16(3) and 20(c). Right of access to workplaces. The Government indicates that, while in terms of the legislation advance notice to an employer of an inspection visit is at the discretion of the labour inspector, the latter is expected to give such notice in practice. The Committee recalls that the possibility to carry out unannounced inspections at any time is essential in order to ensure that the duty of confidentiality as to the existence of a complaint and its source is fully respected when visits are conducted pursuant to complaints, in line with Article 20(c). According to Article 16 of the Convention, labour inspectors should be able to avoid notifying inspection visits to employers if they consider that such a notification may be prejudicial to the performance of their duties. The Committee requests the Government to indicate the measures taken or envisaged in order to ensure that there is no formal or informal requirement to give advance notice for inspection visits in agriculture.

Articles 13 and 14. Number of labour inspectors in agriculture and collaboration with employers, workers and their organizations. The Government indicates that in the agricultural sector labour inspectors and designated agents of Employment Councils coordinate their activities in order to maximize the use of resources and the quality of inspection services. The Ministry, which has the overall authority for ensuring the implementation of labour inspection services, has at its disposal 96 labour officials distributed across the country with the ability to cover all agricultural industries (along with the other sectors of the economy). The Ministry delegates the authority for labour inspection on conditions of service to the responsible Employment Council for the Agriculture Industry. The latter is a bipartite body that operates under the supervision of the Ministry of Labour and Social Services and has five designated agents who also carry out inspections. According to the Government, the labour inspection functions of the Employment Council are of a consultative and tripartite nature.

The Committee would be grateful if the Government would specify the proportion of the activities of labour inspectors which are focused on agricultural industries in relation to other industries. Moreover, the Committee would be grateful if the Government would provide further details on the manner in which labour inspectors and designated agents collaborate in terms of nature of activities (enforcement and advisory) and the impact of this collaboration on the attainment of the objectives of the Convention.

Article 15. Transportation facilities. The Government indicates that in cases where suitable public transport is not generally available, inspectors make use of officials’ motor vehicles during their work. Inspectors are given advance payments for out of station allowances to cater for travel and subsistence during field work. Upon return to station, the inspectors are only required to present receipts for the funds spent. Recalling the importance of adequate transport facilities for the effective exercise of the functions of labour inspectors in agriculture, including appropriate vehicles to reach enterprises that are difficult to access, the Committee requests the Government to specify the number of vehicles at the disposal of labour inspectors in agriculture, as well as any measures taken or envisaged in order to gradually improve on the transportation facilities available to them.

Article 24. Enforcement of penalties for obstruction of labour inspectors’ work. The Committee notes that, under section 126 of the Labour Act, any person who hinders an officer during inspections is liable to a fine not exceeding level 5 or imprisonment not exceeding six months or both. The Committee requests the Government to provide information on the enforcement of section 126 of the Labour Act and any protection afforded to labour inspectors in case of obstruction in the exercise of their duties during inspection visits.

The Committee reminds the Government that it may avail itself of further technical assistance from the Office if it so wishes.