Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Zimbabwe

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1993)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1993)

In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

The Committee notes the observations made by the Zimbabwe Congress of Trade Unions (ZCTU) received on 1 September 2016 indicating that labour inspection remains a challenge and the ZCTU has not seen any improvement in this respect.

Articles 3(1)(a) and (b) and 6 of Convention No. 81 and Articles 6(1)(a) and (b) and 8 of Convention No. 129. Functions assumed by so-called “designated agents” and their status and conditions of service. In its previous comment, the Committee noted that, according to the Government, the so-called “designated agents” of the employment councils (which report to the Ministry of Labour) have authority to discharge both enforcement and advisory functions. In reply to the Committee’s request for clarification concerning the criteria for the distribution of functions between the Ministry officers and “designated agents”, the Government indicates that the “designated agents” assume enforcement and advisory functions in sectors for which they are registered, while labour officers exercise these functions in all sectors. The Committee also notes from the statistical information provided by the Government that there are currently 86 so-called “designated agents” working at the different employment councils.

Concerning the Committee’s previous request to provide information on the regulations governing the conditions of service of the “designated agents”, the Committee notes the Government’s indication in its report that the conditions of service of the “designated agents” differ because they are negotiated as individual contracts with the employment councils concerned. In this context, the Committee also notes the observations made by the ZCTU that no regulations exist that govern the conditions of service of the “designated agents”. The Committee requests that the Government provide further clarification on whether the “designated agents” assume functions as provided for in Article 3(1)(a) and (b) of Convention No. 81 and Article 6(1)(a) and (b) of Convention No. 129, or whether they assume exclusively other functions, such as the conciliation and mediation of labour disputes (Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129).

Articles 3(1)(b) and 13 of Convention No. 81 and Articles 6(1)(b) and 18 of Convention No. 129. Preventive measures by labour inspectors with immediate executory force. In reply to the Committee’s request to specify the measures with immediate executory force in the event of imminent danger to the health or safety of the workers, the Government indicates that in practice, that labour inspectors have issued prohibition notices in the event of imminent danger to workers. However, the Committee notes that the Government has not provided the requested statistical information in this regard. The Committee further notes from the Government’s report that the Factories and Works Act gives partial effect to Article 13, and that the proposed Occupational Safety and Health (OSH) Act will explicitly provide inspectors with immediate executory powers to stop work where there is imminent danger to the workers. The Committee requests that the Government indicate the legal provisions giving effect to Article 13 of Convention No. 81 and Article 18 of Convention No. 129, and to provide a copy of the new OSH Act once it is adopted. It once again requests that the Government supply statistics relating to the steps that were ordered with immediate executory force.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Role of labour inspectors in labour disputes.  In its previous comment, the Committee noted the Government’s indication that the separation of the functions of labour inspection from those of conciliation and arbitration continued to be discussed in the ongoing labour law reform process. The Committee notes the Government’s indication, in reply to the Committee’s request on the progress made in this regard, that following tripartite discussions, the Government is convinced that the separation of labour inspection and conciliation and arbitration functions can be done administratively without legislative reform, even though consultations on this subject are ongoing. In this respect, the Committee also notes the observations made by the ZCTU that the fact that labour inspectors continue to undertake conciliation and arbitration functions, namely the function of employment dispute resolution, comes at the expense of labour inspection functions. The Committee requests that the Government continue to provide information on the measures taken for the separation of functions of labour inspection and those of conciliation and mediation, through legislative changes and/or the reorganization of the labour administration services in practice.

Articles 5(a), 7, 17 and 18 of Convention No. 81 and Articles 22 and 23 of Convention No. 129. Effective cooperation between the labour inspection services and the justice system, legal proceedings and enforcement of adequate penalties. In its previous comment, the Committee noted the Government’s indication concerning the training that has been provided since 2011 to labour inspectors in the area of freedom of association and collective bargaining under the ILO technical assistance package. This training is provided to facilitate the prosecution of offenders through the justice system, over and above the usual remedial mechanisms of conciliation and arbitration. The Committee notes that the Government refers, in reply to its previous request concerning the measures taken to improve the system for preventing and punishing breaches of labour law, to the preventive activities that were undertaken in the area of OSH, but does not provide the requested information on enforcement activities.

In this context, the Committee nevertheless notes the Government’s information provided in its report under the Labour Administration Convention, 1978 (No. 150), that the Labour Court has been strengthened, including through the enhanced status of labour court judges (with their functions and appointments now being provided for in the Constitution), and the increase in the number of labour court judges from nine to 15. While the Government adds that the powers of the Labour Court have been reviewed, the Committee also notes that the ZCTU, in its observations made in relation to Convention No. 150, indicates that the Labour Court still has no powers to enforce its own decisions, which first have to be submitted to the Magistrate Court or High Court for registration. The Committee also notes the observations made by the ZCTU under Convention No. 81 concerning the existence of widespread wage arrears and the absence of information on any prosecutions undertaken in this regard, a situation which in the view of this trade union, an effective labour inspection system could resolve or prevent. The Committee requests that the Government provide information on the arrangements in practice for cooperation between the labour inspection services and the justice system (including the training of labour inspectors on legal proceedings, the training of judges on the functions of the labour inspectorate, and the regular sharing of information, particularly on the outcome of cases, among other things). The Committee also requests that the Government provide detailed statistics on the number of violations detected and the penalties imposed, aggregated by reference to the legal provisions concerned (occupational safety and health, failure to pay wages on time, freedom of association, among other things), and information on the enforcement of decisions made by the Labour Court, as well as the collection of fines for labour law violations.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes that in reply to its previous request on the measures proposed by the Government to gradually improve the conditions of service of labour inspectors, the Government states that it still intends to improve the conditions of labour inspectors, but that no changes have been introduced due to the limited financial resources available. The Government indicates however that after ten years of service, Principal Labour Officers may now be promoted to Chief Labour Officers. The Committee requests that the Government continue to provide information on any measures envisaged to gradually improve the conditions of service of labour inspectors.

Articles 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors. In reply to the Committee’s previous request for information concerning ongoing training activities, the Government refers to a training workshop on labour inspection held in August 2016 for 50 participants as well as to the distribution of a standardized inspection form to all labour officers. Concerning the training of labour inspectors in agriculture, the Committee notes the observations made by the ZCTU that, except for the induction of training for newly recruited labour officers in 2015, the ZCTU is not aware of any specific training in this regard. Recalling the specific risks that workers face in the agricultural sector, particularly in relation to OSH, the Committee requests that the Government provide specific information on the training provided to labour inspectors responsible for the agricultural sector.

Articles 11 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Material resources and coverage of (agricultural) workplaces by labour inspection. In its previous comment, the Committee noted the Government’s indication that the major challenge facing effective labour inspection remained that of limited material resources, most notably motor vehicles. In response to its previous request concerning the measures taken to improve this situation, the Committee notes the Government’s indication that while there are limited financial resources available to acquire more vehicles for labour inspectors, administrative arrangements are in place (such as joint inspection visits with other government agencies) to improve mobility. In response to its previous request concerning the measures taken to overcome the lack of technical equipment, which according to the indications made by the Government in its 2011 report impeded inspections in the area of occupational safety and health (OSH), the Committee notes that the Government now indicates that OSH inspectors are adequately resourced in terms of offices and technical equipment to exercise their inspection duties. Concerning the coverage of workplaces by labour inspection, the Committee also notes the information provided by the Government in reply to the Committee’s previous request on the criteria used for determining priorities for labour inspection, namely the number, geographical situation and economic sector of workplaces. The Committee also notes the observations made by the ZCTU that labour inspectors remain under-resourced with limited equipment and transportation. While noting the information concerning the efforts undertaken to improve the mobility of labour inspectors through administrative arrangements, the Committee requests that the Government continue to provide information on the measures taken to improve the material means, particularly transport facilities, at the disposal of the labour inspection services to ensure that workplaces are inspected as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational accidents and diseases to the labour inspection services. The Committee notes that the Government has not provided a reply in relation to its previous request concerning the manner in which the labour inspection services are notified of occupational accidents and diseases (such as through a requirement on employers to directly notify the labour inspection services or, for example, through notifications to the labour inspection services by the National Social Security Authority (NSSA) which collects and publishes these statistics on an annual basis, among other things). The Committee therefore once again requests that the Government provide information on how the labour inspection services are notified of occupational accidents and cases of occupational disease, as required by the abovementioned Articles of Conventions Nos 81 and 129.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate penalties for the violation of OSH provisions. In its previous comment, the Committee noted the Government’s indication that the penalties in the Factories Act (Chapter 14:08) included imprisonment, but that these penalties were in general not considered to be sufficiently dissuasive. In this respect, the Committee notes the Government’s reiterated indication that the new OSH Act will include adequate penalties for violations of OSH provisions. The Committee requests that the Government provide information on the progress made with the introduction of adequate penalties for violations of the legal provisions on OSH and provide a copy of the new OSH Act once it has been adopted.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Preparation of and transmission to the ILO of annual reports on the activities of the labour inspection services. The Committee notes that, once again, no annual report on the work of the labour inspection services was received by the Office. However, the Committee notes that the Government has communicated a number of inspection statistics in its report (including on the staff of the labour inspection services, that is 120 labour officers and 34 factory inspectors, the number of workplaces liable to inspection (87,749 workplaces)) and the sectors concerned, as well as the number of inspection visits carried out in the area of OSH (including in the agricultural sector). It notes that some of the statistical information as required under Conventions Nos 81 and 129 is missing, including on the number of workers employed in the abovementioned workplaces (Article 21(c) and 27(c)), the number of inspection visits in areas other than OSH (Articles 21(d) and 27(d)), on the number of violations detected and the penalties imposed (as required by Articles 21(e) and 27(e)), and statistics of occupational accidents and diseases (as required by Articles 21(f) and (g) and 27(f) and (g)).

In response to the Committee’s request to provide information on the progress made with the implementation of the project on labour administration referred to in its last report, the Government indicates that it is still awaiting support for the implementation of a computerized labour inspection system in two of the ten provinces, and that it would welcome technical assistance from the ILO in collecting and compiling data, and in drafting and publishing annual reports. In this context, the Committee also notes the observations made by the ZCTU that statistics of inspected workplaces are not made available. Noting that many of the statistics to be included in annual reports on the work of the labour inspection services (in agriculture) are already available, the Committee requests that the Government make every effort to ensure that the central labour inspection authority prepares, publishes and communicates to the ILO, annual labour inspection reports containing information on all the subjects listed in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129. It reminds the Government that technical assistance from the ILO in collecting and compiling data for the preparation, drafting and publication of an annual report on the work of the labour inspection services, in accordance with Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. The Committee reminds the Government that it may avail itself of ILO technical assistance.

Issues specifically concerning labour inspection in agriculture

Articles 6(1)(a) and (b), 17, 18 and 19(2) of Convention No. 129. Labour inspection functions in the area of OSH. In its previous comment, the Committee noted the Government’s information concerning the progress made in amending the national OSH legislation (including tripartite discussions and the work on a preliminary draft) so as to extend its application to all sectors of the economy including agriculture, thereby also extending the scope of labour inspection. In this regard, the Committee notes the Government’s indication that the principles concerning the proposed amendments to the OSH legislation are currently under consideration by the Cabinet. While the Government notes the Government’s indication that the proposed extension of the scope of application of the OSH Act will enable the NSSA to formally extend its inspection functions to this sector, the Committee notes from the statistics communicated in the Government’s report that the NSSA has already carried out inspection visits in agriculture (165 in 2015). In this context, it notes from the statistical information provided by the Government that 11 per cent of all workplaces in the country are located in agriculture. The Committee requests that the Government continue to provide information on the progress made with the amendments to the national OSH legislation and to provide a copy of the relevant legislation as soon as it has been adopted.

Articles 14 and 21 of Convention No. 129. Number and capacities of labour inspectors in agriculture. The Committee recalls from its previous comment that the Government indicated that the major challenge to effective labour inspection in agriculture was the limited number of labour inspectors allocated to this sector, especially during the seasonal peak periods. In this respect, the Committee notes the Government’s indication that due to limited financial resources, there have been no additional appointments of labour inspectors in the agricultural sector, but there has been a deliberate “decentralization” of labour inspector officers in major agricultural areas. The Committee requests that the Government provide information on its human resources strategy to ensure adequate coverage of workplaces in the agricultural sector by labour inspections.