Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Inspection Convention, 1947 (No. 81) - Zimbabwe (Ratification: 1993)

Articles 3(1) and (2), 5(a), 7 and 18 of the Convention. Strengthening of the primary functions of the labour inspection system and cooperation with the justice system. With reference to its previous comments, the Committee notes with interest the Government’s statement that it has taken measures to introduce tripartite discussions on the structural separation of the functions of the labour inspectorate from the functions of conciliation and arbitration in the context of the ongoing labour law reform. According to the Government, this is a first step in the process of strengthening the function of the labour inspectorate within the framework of the ILO Technical Assistance Package which was launched in August 2010 for the implementation of the Recommendations of the Commission of Inquiry appointed under article 26 of the ILO Constitution to examine the observance by the Government of Zimbabwe of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). The Committee also notes with interest in the report under the Labour Inspection (Agriculture) Convention, 1969 (No. 129), that the Government has engaged in discussions with labour inspectors in provincial levels with a view to identifying the challenges that hamper labour inspection.

The Committee further notes with interest that under the ILO technical assistance package, training is provided to members of the Judicial Services Commission including the Labour Court and Magistrates’ Court as well as labour inspectors on ILO Conventions on Freedom of Association and Collective Bargaining. Furthermore, a workshop was organized to discuss the comments of the Committee on the application by Zimbabwe of the Weekly Rest (Industry) Convention, 1921 (No. 14) so as to keep labour inspectors well informed of the relevant developments and to be in a position to come up with remedial action where challenges are identified.

The Committee requests the Government to provide information on the progress made in identifying the obstacles that hamper labour inspection and the measures taken or envisaged to address them in the framework of the ILO Technical Assistance Package. In this context, the Committee would be grateful if the Government would keep the ILO informed of progress made in separating the functions of labour inspection from those of conciliation and arbitration. Furthermore, the Committee would be grateful if the Government would provide details on the training provided to labour inspectors and indicate in particular, the issues addressed, the duration, the number of participants as well as the impact of the training on the effective discharge of the functions of the labour inspection, including with regard to freedom of association. The Government is also requested to indicate any further steps taken to reinforce the cooperation between the labour inspection and the justice system and the impact of such cooperation on the level of enforcement of legislation concerning the conditions of work and the protection of workers, including in the area of freedom of association.

In particular, while noting the information provided by the Government on the fines applicable for violations of the Labour Act, the Committee requests the Government to provide statistical data on the effective enforcement of such sanctions by the justice system.

Articles 4, 5(b), 6, 10, 11, 17 and 18. Functioning and supervision of the labour inspection system. The Committee notes that in reply to its previous comments concerning the composition, distribution and conditions of service of labour inspectors, the Government indicates that 96 labour officers carry out inspections on general conditions of work, and 31 inspectors from the National Social Security Authority carry out inspections on occupational safety and health (OSH). The Government provides information on the geographical distribution of the two inspection services and specifies that they are distributed in a complementary manner so as to make at least one of them available in each province.

The Government indicates that, in addition to the labour inspectors who are public officials with authority under the Labour Act to carry out inspection functions, complementary inspection functions are carried out in accordance with section 63 of the Labour Act by designated agents of employment councils. The latter are bipartite bodies set up by employers and their organizations and trade union organizations. The Government indicates that measures have been taken to ensure that all of the 12 employment councils in the country have designated agents so that they can carry out inspection functions. In its report under Convention No. 129 the Government clarifies that the labour inspection functions of the designated agents are of a consultative and tripartite nature as they are exercised under delegated authority from the Ministry.

According to the Government, even though the salaries of the inspectors have been substantially increased following the introduction of a multiple currency system by the Government in February 2009, their conditions of service are in need of significant improvement in order to address the high turnover of labour inspectors. In addition, facilities such as motor vehicles, stationery and communication technologies are generally inadequate and the lack of technical equipment for OSH inspectors impedes their activities. According to the Government’s report on Convention No. 129, the abovementioned “designated agents” have better conditions of service, characterized by competitive salaries and the relative availability of tools for the labour inspection including motor vehicles. The Government indicates that it has undertaken to remedy this situation as the economy recovers.

While recalling from its previous comments the need to ensure an effective and efficient labour inspection system with the support of the social partners, the Committee also recalls that according to Article 4 of the Convention, labour inspection should be placed under the supervision and control of a central authority and that the enforcement powers foreseen in Articles 17 and 18 of the Convention should be the exclusive prerogative of labour inspectors and the justice system. The Committee also emphasizes the need to ensure that the status and conditions of service of the labour inspectors are such that they are assured of stability of employment and are independent of changes of government and of improper external influences as provided for in Article 6.

The Committee requests the Government to indicate the manner in which the central labour inspection authority maintains supervision and control of the labour inspection system in its entirety and to specify the conditions and modalities under which it collaborates with designated agents of employment councils (including the manner in which it delegates powers and supervises their activities). The Government is also requested to provide clarifications and statistical data on the distribution of enforcement and advisory functions (Articles 3(1)(a) and (b)), between the labour inspectors and the designated agents of employment councils as well as on the practical aspects of their collaboration.

The Committee requests the Government to indicate the steps taken or envisaged in order to gradually improve on the conditions of service of labour inspectors as well as the material facilities at their disposal and to ensure, as soon as the financial situation of the country will allow it, that both categories of inspectors (on general conditions of work and OSH) are progressively posted in all provinces so as to cover the entire territory.

Articles 3(1)(b), 13, 14, 16, 20 and 21. Data on the activities of the labour inspection system to publish an annual labour inspection report. While the Government communicates sample documents on the results of inspection visits and the investigation of industrial accidents, it indicates that it faces significant challenges in terms of compilation of labour inspection statistics due to the non existence of a labour market information system. The Government also indicates that despite its appeal, ILO technical assistance has not been provided in this regard.

The Committee considers that a labour market information system would allow, to a large extent, the labour inspection central authority to publish an annual labour inspection report in conformity with Articles 20 and 21 of the Convention. As stressed in its general observation of 2011, when well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and subsequently, the determination of the means necessary to improve their effectiveness. Moreover, with reference to its general observation of 2009, the Committee emphasizes that the elaboration of a register of workplaces liable to inspection and workers employed therein is an important tool for the central authority to assess the relationship between the activities carried out and the resources available, especially for the development of a human resources policy that takes into account merit and motivation.

The Committee expresses the hope that the technical assistance of the ILO in relation to the elaboration of a labour market information system will be provided without delay and that progress will be reported by the Government in its next report in relation to the steps taken for the establishment of a register of industrial and commercial workplaces liable to labour inspection and the number of workers covered.

With reference to Articles 16, 17, 18 and 21(d)–(e) of the Convention, the Committee requests the Government to provide information on the number of inspection visits (both programmed and pursuant to complaints), the number of violations detected with reference to the legal provisions and economic sectors concerned, as well as the number of notices served and cases brought to the justice system.

With reference to Articles 14 and 21(f)–(g), the Committee also requests the Government to describe the mechanism in place for the recording and notification of industrial accidents and cases of occupational disease and to communicate relevant statistical data.

Finally, the Committee would be grateful if the Government would indicate the preventive activities carried out by the labour inspectorate in the area of OSH in conformity with Articles 3(1)(b) and 13, and to indicate in particular the number of measures with immediate executory force issued by the labour inspection during the reporting period.