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

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

Labour law review. The Committee welcomes the Government’s indication that it plans to submit a request for ILO technical assistance in the form of legal assistance to enhance compliance with the Convention. In this regard, the Committee also welcomes the Government’s reference to work that is currently being undertaken to identify and address legislative gaps in relation to the protection of workers, which also includes issues previously raised by the Committee, such as the establishment of sufficiently dissuasive penalties for the violation of labour legislation. The Committee encourages the Government to submit a formal request for technical assistance relating to the revision of the national labour legislation, and to provide information on any measures taken to bring the national legislation into full compliance with the requirements of the Convention.

Article 3(1) and (2) of the Convention. Additional functions entrusted to labour inspectors. In reply to its previous comments on this matter, the Committee notes with interest the Government’s indication that an administrative decision of the Ministry of Labour and Employment now provides that labour officers, and not labour inspectors, are responsible for the resolution of labour disputes. According to the Government, this decision will be implemented once new staff are recruited. The Committee requests the Government to provide information on the progress made with recruiting labour officers to assume conciliation duties and gradually relieving labour inspectors from these tasks.

Article 5(b). Collaboration with employers and workers or their organizations. Further to the Committee’s request to provide information on steps taken to strengthen collaboration with employers’ and workers’ organizations, the Committee notes that the Government indicates that a draft labour inspection policy has been formulated with the employers’ and workers’ organizations and this will be submitted to the National Advisory Committee on Labour (NACOLA) and the Minister of Labour and Employment prior to its submission to Cabinet. The Committee requests the Government to provide a copy of the labour inspection policy, once adopted, and information on other arrangements made to give effect to Article 5(b).

Article 7(3). Training of labour inspectors. The Committee previously noted the Government’s indication on plans to structure a course for the inspectorate at the National University of Lesotho. In this regard, the Committee notes the Government’s indication that the abovementioned draft labour inspection policy addresses the training of labour inspectors, including the content of this, its duration and attendance requirements. Moreover, according to the Government, exchange visits with labour inspectors from South Africa and further consultation with the ILO are envisaged to enhance the capacity of labour inspectors to enforce legal provisions relating to conditions of work and to the protection of workers. The Committee requests the Government to provide detailed information on the content and duration of any training provided to labour inspectors, the number of inspectors that participated in this training and its impact on the effective discharge of their duties.

Articles 5(a), 17 and 18. Effective enforcement of sufficiently dissuasive penalties and cooperation with the justice system. The Committee notes the Government’s indication that the penalties for labour law infringements are currently being reviewed with a view to updating them and providing for their deterrent effect. The Committee also notes the reiterated statement of the Government that 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 requests the Government to provide information on the progress made in relation to the amendment of the Labour Code and other provisions establishing sufficiently dissuasive penalties for the violation of labour legislation, and to provide information on the impact of the activity of the newly appointed inspection manager on the effective enforcement of such penalties.