Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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 Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Articles 3(1)(a) and (b), 4 and 6 of Convention No. 81 and Articles 6(1)(a) and (b), 7 and 8 of Convention No. 129. Functions assumed by designated agents. In its previous comments, the Committee requested the Government to indicate whether the “designated agents” of the employment councils (which report to the Ministry of Public Service, Labour and Social Welfare) assume labour inspection 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. The Committee notes that the Government indicates in its report that “designated agents” carry out functions of conciliation and mediation of labour disputes in their respective sectors, in addition to carrying out labour inspection functions. It also notes the Government’s indications that “designated agents” of employment councils derive their powers from section 63 of the Labour Act and exercise similar functions to those of labour officers, except that they operate only in one specific industry. The Committee requests the Government to provide information on the manner in which the labour inspectorate maintains supervision and control of the designated agents in their performance of labour inspection functions, in accordance with Article 4 of Convention No. 81 and Article 7 of Convention No. 129. It also requests the Government to provide specific information on the labour inspection powers and duties of these agents, the resources provided to them, the procedures for their recruitment and any training provided to them. Lastly, the Committee requests the Government to provide further information on the status and conditions of designated agents performing labour inspection functions (Article 6 of Convention No. 81 and Article 8 of Convention No. 129), including their conditions of job security and levels of remuneration in comparison to job security and remuneration for other employees performing labour inspection functions, and how it is ensured that the status and conditions of service of designated agents are such as to guarantee their independence from any improper external influence.

Article 13 of Convention No. 81 and Article 18 of Convention No. 129. Preventive measures by labour inspectors with immediate executory force. The Committee previously noted that the Factories and Works Act gives partial effect to Article 13 of Convention No. 81, and noted the Government’s indication that the proposed Occupational Safety and Health (OSH) Bill would explicitly provide inspectors with immediate executory powers to stop work where there is imminent danger to the worker. The Committee notes that, in reply to its previous request, the Government once again refers to certain provisions of the Factories and Works Act relating to the powers of inspectors (sections 5(6), 6 and 19(1)(a) and (b)) and states that the jurisdiction of inspectors under this Act is limited to factories and building works, leaving a gap with respect to non-factory environments, such as agriculture. The Government adds that the OSH Bill seeks to extend inspectors’ mandate to cover all workplaces. The Committee further notes that, according to the supplementary information provided by the Government, the OSH Bill has been submitted to the Cabinet Committee on Legislation for consideration. The Committee requests the Government to pursue its efforts to give full effect to Article 13(2)(b) of Convention No. 81 and Article 16(2)(b) of Convention No. 129, to empower inspectors to make orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers in all sectors, and to provide examples of instances when factory inspectors have undertaken preventive measures with immediate executory force, including but not limited to issuing prohibition notices, or ordering work stoppages. While welcoming the indication of progress on the OSH Bill, the Committee notes that the Government has been referring to the proposed or upcoming OSH Bill for a number of years; the Committee trusts that the Government will soon be in a position to provide specific information on the adoption of the OSH Bill.