Direct Request (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)
Labour Administration Convention, 1978 (No. 150) (Ratification: 1998)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) 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). The Committee also notes the observations made by the Zimbabwe Congress of Trade Unions (ZCTU) on the application of Conventions Nos 81, 129 and 150, received on 1 October 2020.

Labour Inspection: Conventions Nos 81 and 129

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 comments, the Committee requested information on the measures taken to separate the functions of labour inspection and those of conciliation and mediation. The Committee notes that the Government indicates that it does not currently envisage the separation of the functions of labour inspection and those of conciliation and mediation due to current fiscal constraints. The Government adds that this is due to the fact that the separation of functions would require an increase in the number of labour inspectors and labour officers in order to effectively address issues throughout the country. The Committee also notes the Government’s indication that, once the economic situation improves, consultations on the separation of functions are expected to resume. The Committee requests the Government to provide information on the progress made with regard to measures taken to separate the functions of labour inspection from those of settlement of labour disputes, including the consultations undertaken and their results.

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. The Committee notes the information provided by the Government, in reply to its previous request for information on the arrangements for cooperation between the labour inspection services and the justice system, that the National Social Security Authority (NSSA) initiated workshops for judges and magistrates in 2018 in order to inform them about the importance of occupational safety and health (OSH) and the presence of OSH laws, and to enhance cooperation between the NSSA, OSH inspectorate services and the judicial system. The Committee notes that the Government indicates that inspectors received training on legal prosecution and that it plans to carry out training and evaluation activities involving the police, the judiciary, the National Prosecuting Authority and officials from the Ministry of Public Service, Labour and Social Welfare, in order to improve understanding of issues related to the implementation of the work of the inspectorate. It further notes the Government’s indications that as of August 2020, 11 violations of OSH laws identified in factories were handed over for prosecution. The Committee requests the Government to continue to provide information on the activities carried out in practice to enhance cooperation between the labour inspection services and the justice system. It once again requests the Government to provide statistics on violations that are disaggregated by reference to the legal provisions involved (OSH, failure to pay wages on time, freedom of association, among other provisions). The Committee also requests the Government to provide statistics on follow-up action for all issues of non-compliance detected, including statistics on the outcome of the cases transmitted for prosecution, the number and nature of penalties imposed for violations of labour legislation and the amount of fines collected.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes the indications provided by the Government, in response to its previous request concerning the conditions of service of labour inspectors, that despite limited financial resources the Government has been constantly reviewing the salaries and benefits of public sector employees, as well as the provision of other non-monetary benefits to its employees. The Committee further notes that in its supplementary report, the Government indicates that despite the economic difficulties due to COVID-19, the Government has continued to engage workers in the public service, including inspectors, and has aimed to improve the salaries and benefits of public sector employees. In this regard, the Committee takes due note of the Government’s indications that in June 2020, the Government granted a non-taxable COVID-19 allowance to support inspectors during the lockdown period and that it has recently granted a 40 per cent salary adjustment. Welcoming the measures taken, the Committee requests the Government to continue to provide information on the measures taken or envisaged to further improve the conditions of service of labour inspectors.

Article 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 specific information on training provided to labour inspectors responsible for the agricultural sector, the Government indicates that the National Employment Councils for the Agriculture Industry conducts training for its officers. The Committee requests that the Government provide information on training provided to labour inspectors, and particularly specific information on training of labour inspectors responsible for the agricultural sector, including detailed information on the number, subject matter, and duration of training sessions and information on training in relation to OSH.

Articles 11 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Material resources and coverage of workplaces by labour inspection. In its previous comment, the Committee noted the Government’s indication that a challenge facing effective labour inspection remained that of limited material resources, most notably motor vehicles and it requested information on the measures taken to improve the material means at the disposal of the labour inspection services. The Committee notes that the Government indicates that, due to limited financial resources, there have been few resources available for use by labour inspectors. It also notes the Government’s indications that in 2019, the Ministry requested more resources from the Treasury to be able to carry out efficient operations, including on labour inspections. It further notes the Government’s indication that as part of the 100-day rapid results programme that took place between April and July 2018, the Ministry of Public Service, Labour and Social Welfare inspected 1,001 workplaces. In addition, the Committee notes the information provided by the Government that as of September 2020, 2,636 factory inspections were conducted.

The Committee notes the ZCTU’s statement that the labour inspection system has been weak and proper workplace inspections have not been carried out for a long time. The ZCTU states that there have not been any improvements, and that there are still many violations relating to health and safety as well as the non-payment of the agreed minimum wages. The ZCTU further indicates that there is no efficient monitoring and enforcement system and that there is a lack of financial capacity to carry out the inspections. The Committee requests that the Government respond to the ZCTU observations. The Committee urges the Government to provide information on the measures taken to ensure that workplaces are inspected as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions. In this respect, it requests the Government to provide information on the progress made in relation to measures to improve the material means, particularly transport facilities, at the disposal of the labour inspection services. The Committee also requests the Government to continue to provide statistics on the number of labour inspection visits carried out and the number of workplaces and workers covered by these visits in the different sectors.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational accidents and diseases to the labour inspection. The Committee notes the Government’s indications, in response to its previous request on the manner in which occupational accidents and cases of occupational disease are notified to the labour inspection services, that under section 14(3) of the Factories and Works Act, every accident resulting in the employee's absence from work for three days or more shall be notified in writing to the Chief Inspector of Factories, as soon as possible after the accident in the manner and in the form prescribed. The Government adds that all notified accidents will be subsequently reported by the Chief Inspector to the Ministry of Public Service, Labour and Social Welfare each month. The Committee also notes the Government’s indications that under section 14(5) of the Factories and Work Act, medical practitioners who attend any person suffering from an occupational disease resulting from lead, phosphorus, arsenical or mercurial poisoning or anthrax are required to report the matter to the inspectorate in writing. It further notes the Government’s indication that section 48(2) of the Statutory Instrument 68 of 1990 requires the employer to notify the NSSA general manager of an accident within 14 days of the date of the accident and subsequently notify the inspectorate if there are reasonable grounds for investigation to determine whether the accident is compensable. The Committee requests the Government to provide information on any prescriptions established under section 14(3) of the Factory Act related to the form and manner of notification. It also requests the Government to provide information on any measures taken or envisaged to ensure the notification of all cases of occupational disease (in addition to those listed in section 14(5) of the Factories and Work Act).

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate penalties for the violation of OSH provisions. The Committee notes the Government’s indications, in reply to its previous request concerning penalties for violations of the legal provisions on OSH, that the OSH Bill will address the issue by providing adequate penalties for the violation of OSH provisions. The Committee requests the Government to take the necessary measures to ensure that the legislation provides for adequate penalties for violations of legal provisions on OSH, and to provide information on the measures adopted, including the adoption of the OSH Bill.

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 with concern that no annual report on the work of the labour inspection services was received by the Office. However, it notes the Government’s indication that it is developing an Integrated Labour Market Information System that will be enable it to provide the required statistics. The Committee requests the Government to take the necessary steps to ensure that the labour inspection report is published in accordance with Article 20(1) of Convention No. 81 and Article 26(1) of Convention No. 129. It also requests the Government to ensure that the labour inspection report, containing all the information referred to in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, is transmitted to the Office on an annual basis.

Issues specifically concerning labour inspection in agriculture

Articles 14 and 21 of Convention No. 129. Number and powers of labour inspectors in agriculture. In its previous comments, the Committee requested the Government to provide information on its human resources strategy to ensure adequate coverage of workplaces in the agricultural sector by labour inspections. The Committee notes that the Government indicates that apart from the 120 government labour inspectors who conduct inspections in the agricultural industry, the National Employment Council (NEC) for Agriculture also conducts inspections throughout the country. It also notes that the Government indicates that the NEC for Agriculture has eight designated agents throughout the country. The Government indicates that between January 2019 and February 2020, the NEC carried out 342 labour inspections. Lastly, the Committee notes that the Government indicates that, with respect to the powers of labour inspectors related to OSH, the jurisdiction of inspectors under the Factories and Works Act is limited to factories and building works, leaving non-factory environments, such as agriculture, inadequately monitored. With reference to its comments in its Observation on Article 18 of Convention No. 129, the Committee requests the Government to provide further information on the measures it is taking to ensure the enforcement of the legal provisions related to safety and health in the agricultural sector.

Labour Administration: Convention No. 150

Articles 4 and 10 of the Convention. Organization, effective operation and coordination of the system of labour administration. Capacity of labour administration staff. In its previous comments, the Committee requested the Government to provide its comments in relation to the observations made by the ZCTU that the dispute resolution system continues to be cumbersome due in part to the shortage of personnel for dispute resolution and the poor remuneration paid to Government employees.

The Committee notes that the Government indicates, in response, that the new dispute resolution system proposed in the Labour Amendment Bill is expected to address the concerns of the ZCTU. The Committee also notes the Government’s indications, in reply to its previous request for information on the functioning of the dispute resolution system that, there are currently 113 public arbitrators, 58 of them housed in the Ministry of Public Service, Labour and Social Welfare and 55 in the Employment Councils. It further notes the Government’s indications that it has appointed 33 independent arbitrators and that the ongoing reform of labour law is expected to improve the current system. The Committee requests the Government to continue to provide information on the measures taken to strengthen the dispute resolution system, including any legislation adopted in this respect. In addition, the Committee requests the Government to provide information on the functioning of the dispute resolution system, including the number of cases pending and dealt with, the average length of the procedure until a decision is taken, and the outcomes.

Article 5. Promotion of effective consultation and cooperation between public authorities and bodies and employers and workers organizations. The Committee notes the Government’s indications, in response to its previous request on the measures undertaken to promote consultation and cooperation between public authorities and employers and workers organizations, that the Government adopted the Tripartite Negotiating Forum (TNF) Act in June 2019. The Government indicates that the social dialogue forum will improve dialogue, consultation and efficiency between the tripartite partners. The Committee also notes the Government’s indication that it convenes at least two National Employment Council symposiums on pertinent labour issues per year. The Government indicates that this allows for effective consultation and cooperation between employers’ and workers’ organizations. The Committee further notes the Government’s indications that the Zimbabwe Occupational Safety and Health Council, which is tripartite, has at least three meetings each year to ensure that the Government regularly consults with employers and workers organizations on OSH issues. In addition, the Committee notes the supplementary information provided by the Government indicating that since the enactment of the TNF Act, there has been a lot of engagement with social partners with a view to strengthening social dialogue in Zimbabwe. This includes a TNF Technical Committee meeting in October 2019 and the first of the TNF Technical clusters workshop in January 2020 to discuss pertinent issues including the operationalisation of the TNF. The Committee also notes the Government’s indications that despite the limitations from COVID-19 lockdown measures, the TNF has held a number of meetings virtually, mostly on matters to mitigate the challenges caused by the COVID-19 pandemic. It further notes the Government’s indication that most of the recommendations undertaken by the COVID-19 National Taskforce emanated from discussions of the TNF, including establishment of a fund to support vulnerable businesses; the protection of frontline and essential services workers; and the establishment of an unemployment benefits fund. Lastly, the Committee notes the Government’s indication that during the lockdown period, the Government incorporated social partners into labour inspections, which strengthened the tripartite engagement and social dialogue in the country. With reference to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Committee requests that the Government continue to provide information on the measures undertaken to promote consultation and cooperation between public authorities and employers and workers organizations.

Article 7. Gradual extension of the functions of the system of labour administration. Further to its previous comments in this regard, the Committee notes the Government’s indication that there are currently no plans to extend the functions of the system of Labour Administration to any of the categories listed in Article 7(a)–(d) of the Convention. The Committee requests the Government to continue to provide information on any developments in this respect.