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

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

Articles 4, 6, 10 and 11 of the Convention. Organization, human resources and material means of the labour inspection services. In its previous comments, the Committee noted the Government’s indication concerning a shortage of labour inspectors, office equipment and transport facilities. In this regard, the Committee notes the Government’s indication in its report that a plan of the Ministry of Labour and Employment provides for an increase in the number of labour inspectors and the establishment of a separate inspection unit at the Ministry of Labour. The Committee notes from the Government’s indication that the implementation of this plan is dependent on the approval of the Minster of Finance. Welcoming the initiative of the Ministry of Labour and Employment to establish a separate inspection unit and increase the number of labour inspectors, the Committee once again strongly encourages the Government to take concrete measures, in order to identify and allocate the financial resources necessary to meet the most urgent priorities for the improved functioning of the labour inspection system and requests the Government to provide information on any progress made in this regard.

Articles 6, 7(1) and (2). Recruitment and conditions of service of labour inspectors. In its previous comments, the Committee noted the Government’s indication on the compulsory placement of labour inspectors (that is, no recruitment based on the expression of interest for the position of labour inspector) and their very low remuneration resulting in an adverse effect on their motivation. It notes the Government’s indication that the requirements of Article 6 are complied with, since labour inspectors enjoy the status of public servants and their service does not depend on political considerations or changes of Government. In this respect, the Committee would like to emphasize once again, as it has stated in paragraph 204 of its General Survey of 2006 on labour inspection, that it is vital that the levels of remuneration of labour inspectors are such that high-quality staff are attracted, retained and protected from any improper influence. In paragraph 183 of this General Survey, it also indicated that in its view, appropriate and in-depth interviews of applicants for the position of labour inspector, conducted in accordance with principles of fairness and objectivity, are the best way for the competent authority to select the most suitable candidates. The Committee is therefore bound to re-emphasize that the compulsory placement of labour inspectors is incompatible with the aim of attracting motivated staff. The Committee once again requests the Government to take all necessary measures so as to ensure the full application in both law and practice of Article 7 concerning the criteria and methods for selecting candidates for the profession and to provide information of any concrete steps taken in this regard. It also asks the Government to ensure that the remuneration of labour inspectors is such that candidates are attracted to the post and retained within the services of the labour inspectorate. In this regard, it asks the Government to specify the conditions of service of labour inspectors and in particular, wages and career prospects as compared to other types of public officials performing similar duties (for example, tax inspectors).

Articles 20 and 21. Annual labour inspection report. The Committee notes with regret that the Office has not received an annual report on the activities of the labour inspection services since the ratification of the Convention in 2001. It notes, however, the Government’s indication that an attempt is being made to improve the computer system within the labour inspectorate and that the relevant funds are being sought in the 2016–17 budget so as to facilitate publication and transmission of an annual inspection report. The Committee requests the Government to provide information on the progress made in the development of a computerized labour inspectorate or of a computerized register of establishments liable to inspection as recommended in the 2005 audit made by the ILO, so as to enable the central labour inspection authority to prepare, publish and communicate to the ILO an annual labour inspection report, in accordance with Article 20, containing all the information required in paragraphs (a) to (g) of Article 21. The Committee reminds the Government that it may avail itself of the technical assistance of the Office for this purpose if it so wishes.

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