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

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

The Committee notes the Government’s report in which it expresses its commitment to overcome several of the persistent difficulties identified in the Committee’s previous comments. In this regard, the Committee notes with interest the fact that one of the envisaged outcomes of the Lesotho Decent Work Country Programme (DWCP) for 2012–17, is to promote and enhance the effectiveness of the labour administration and labour inspection systems, notably by setting up a national tripartite mechanism on labour inspection, implementing an information management system and promoting staff training.

Article 3(1) and (2) of the Convention. Performance of the primary duties of labour inspectors. In reply to the Committee’s previous comments, the Government specifies that labour inspectors have always had and still carry out routine inspections along with inspections arising out of complaints. It adds however, that as an inherent and historical function of the inspectorate, labour inspectors still attend to labour disputes reported within various district labour offices by the public. In this regard, the Committee would like to emphasize once again, with reference to paragraph 72 of its 2006 General Survey on labour inspection, that the time and energy that labour inspectors spend on seeking solutions to collective labour disputes, especially in a situation where resources are scarce, are often at the expense of the performance of their primary duties, as defined in Article 3(1) of the Convention. The Committee noted in its previous comments that inspectors’ duties in the area of dispute settlement continued as long as the Directorate of Dispute Prevention and Resolution was not yet operational. The Committee reiterates its request to the Government for measures to be taken so that labour inspectors quickly resume their primary duties as defined in Article 3(1) of the Convention to enable them to carry out inspections in the highest possible number of industrial and commercial workplaces liable to inspection, and to relieve labour inspectors from conciliation duties which normally pertain to the Directorate of Dispute Prevention and Resolution.

Article 5(b). Collaboration with workers’ and employers’ organizations. According to the Government’s report, it is envisaged to strengthen collaboration with workers’ (through the reporting of violations) and employers’ organizations (through the encouragement of their members to respect legislation). The Committee requests the Government to provide information on steps taken or envisaged in this regard and on their impact.

Article 7(3). Training of labour inspectors. The Government reports that it has undertaken to professionalize its inspectorate and, to this end, it intends to approach the ILO Decent Work Team in Pretoria to assist in structuring a course for the inspectorate to be offered by the National University of Lesotho. The Committee requests the Government to provide information on progress made in the introduction of the training course as well as on its content, duration, attendance and impact on the effective discharge of the duties of labour inspectors, including the enforcement of legal provisions concerning conditions of work and the protection of workers, the provision of technical advice and information on the most effective means of complying with these provisions and the identification of any legislative gaps relating to protection at work.

Articles 6, 7, 10 and 11. Status, recruitment procedure and number of labour inspectors and material means placed at their disposal. The Committee notes that the Ministry of Labour intends to approach the Ministry of Public Service with a view to improving the employment conditions of the labour inspectorate. The Government refers to the filling of the long-standing vacancy of the position of inspection manager in May 2011 and to improvements in the transport facilities at the disposal of the labour inspectorate (six motorcycles which labour inspectors should be able to use after they have been provided with protective clothing). It adds that while it is committed to ensuring the necessary resources for the labour inspectorate to provide its functions efficiently, the improvements envisaged may not be realized in the near future due to financial constraints.

The Committee recalls its previous comments on the shortage of labour inspectors and the fact that they are not recruited based on a personal interest in carrying out labour inspection duties, but under a system of compulsory placement, which according to the Government has an adverse effect on their motivation. Furthermore, the lack of any specific training after they take up their duties, their very low remuneration and the shortage of office equipment and transport facilities means that inspectors lack the enthusiasm that is essential to the performance of inspection duties and are less likely to remain in their posts, the most experienced among them moving on in search of better career prospects. The Committee once again strongly encourages the Government to take concrete measures, including in the context of the 2012–17 DWCP, in order to identify the financial resources necessary to meet the most urgent priorities for the improved functioning of the labour inspection system. In particular, the Committee reiterates its request for the Government to take all necessary measures so as to ensure the full application in both law and practice of Article 6 concerning the status and conditions of service of inspection staff and Article 7 concerning the criteria and methods for selecting candidates for the profession as well as the training of inspection staff. The Committee requests the Government to keep the Office informed of any concrete steps taken in this regard and once again reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.

Articles 5(a), 17 and 18. Effective enforcement of sufficiently dissuasive penalties and cooperation with the justice system. The Committee notes that, according to the Government, the amendment of the provisions establishing penalties for the violation of labour legislation constitutes an essential part of the revised draft Labour Code, which is currently being examined by the Parliamentary Council prior to its submission to Parliament. Moreover, the filling of the long-standing vacancy of the position of inspection manager, who is competent to refer matters for prosecution, should contribute towards improving the number of administrative or penal actions taken in response to the violations observed by labour inspectors. The Committee recalls that these measures constitute a follow-up to recommendations made in 2005 by the ILO in the framework of an assessment aimed at improving the operation of the labour inspectorate. The Committee requests the Government to provide information on progress made in relation to the amendment of the provisions establishing sufficiently dissuasive penalties for the violation of labour legislation and the increase in the number of administrative or penal actions taken in response to the violations observed by labour inspectors.

Articles 20 and 21. Annual labour inspection report. According to the Government’s report, the Ministry of Labour is in touch with the ILO Decent Work Team in Pretoria in order to seek assistance for the revamping of the computer system of the labour inspectorate which, as the Committee has previously noted, is an essential step for the elaboration, publication and communication to the ILO of an annual labour inspection report. The Committee once again requests the Government to take concrete measures to create a computerized labour inspectorate so that the central inspection authority is able, in accordance with Article 20, to publish and transmit to the ILO an annual inspection report gradually containing all the information required in paragraphs (a) to (g) of Article 21.

The Committee hopes that the Government will soon be in a position to report to the Office on concrete progress made on all the subjects raised above.