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Repetition 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.A.Labour inspectionArticles 4, 6, 7, 10 and 11 of the Convention No. 81 and Articles 7, 8, 9, 14 and 15 of the Convention No. 129. Establishment of a central authority entrusted with control and supervisory powers in the labour inspection system. Adequate human and material resources. The Committee previously requested the Government to take measures to secure an inspection system operating under the supervision and control of a central authority that is provided with adequate human resources in terms of both numbers and skills and the material conditions necessary for the exercise of its functions. The Committee notes the Government’s response in its report that in 2016, 22 labour inspectors were recruited and have been deployed to various district labour offices in the country. The Committee also notes the Government’s indication in its report on Convention No. 150 that trainings have been provided to newly recruited and existing staff on labour inspection issues. It further notes that the Government is seeking technical assistance from the ILO with a view to providing the newly recruited labour inspectors with basic labour inspection training. In addition, it notes that some staff underwent training on the ILO approach to strategic compliance model planning. The Committee requests the Government to provide information on the structure of the labour inspection system, including an organizational chart, if available, and to provide information on the status and conditions of services of labour inspectors including recruitment procedures, qualifications for the positions, and status in comparison to other civil servants. The Committee further encourages the Government to pursue its efforts towards strategic planning and ensuring that the labour inspectorate has the human and material resources necessary for the effective performance of its duties. It requests the Government to provide information on measures taken in this regard and to provide information on the total number of labour inspectors, their distribution across districts, and the training provided to them, including dates and subjects covered for each training session and number of inspectors attending each session. The Committee notes the Government’s request for technical assistance from the Office and firmly hopes that this assistance will be provided in the near future.Articles 14, 20 and 21 of the Convention No. 81 and Articles 19, 26 and 27 of the Convention No. 129. Annual report on labour inspection activities notification of occupational accidents and diseases to the labour inspection services. The Committee notes the Government’s indication in response to its previous request concerning the inclusion of information on the agricultural sector in the annual labour inspection report, that the general annual labour report is published without specifying inspections undertaken in the agricultural sector. The Government indicates that statistics on agricultural undertakings liable to inspection and on the number of workers in the sector are not up to date and that there are no reliable statistics on the number of inspections carried out in agriculture. The Committee also takes due note of the statistical information provided by the Government, in its report related to occupational accidents and occupational safety and health violations, indicating that the majority of accidents in the 2016–2017 and 2017–2018 financial years, occurred in the manufacturing industry and the tobacco farming sector. The Government also indicates that only one suspected occupational disease in the tobacco industry was reported to the Directorate of Occupational Safety and Health within the 2017/2018 financial year. Noting the Government’s indication that an annual labour inspection report is published, the Committee requests the Government to ensure that the report is transmitted to the ILO, in accordance withArticles 20 of Convention No. 81 and 26 of Convention No. 129,The Committee encourages the Government to pursue its efforts to ensure that future annual inspection reports contain complete information on all the subjects listed in Articles 21 of Convention No. 81 and 27 of Convention No. 129, including the number of inspections carried out in the agricultural sector. It also encourages the Government to provide information on any measures taken or envisaged to improve the notification of cases of occupational diseases to the labour inspectorate, in accordance with Articles 14 of Convention No. 81 and 19 of Convention No. 129.Issues specifically concerning labour inspection in agricultureArticles 3, 6, 9 and 21 of Convention No. 129. Functions of the labour inspection system in agriculture, training of labour inspectors in agriculture and inspection visits. In its previous comment, the Committee noted that the agricultural sector provided a livelihood to 80 per cent of the population.The Committee notes the Government’s indication that there are no reliable statistics on the number of inspections carried out in agriculture and that in the recent past, there have been no violations detected and no penalties imposed. It notes, however, the Government’s indication that from 2016 to 2018, the agricultural sector (tobacco) reported the third most occupational accidents, after manufacturing and construction. Noting the significant proportion of workers engaged in the agricultural sector, the Committee requests the Government to provide further information on the measures taken to strengthen the labour inspection system in agriculture, with particular attention to the tobacco sector. It requests the Government to provide information on the provision of adequate training for labour inspectors for the performance of their duties in the agricultural sector as well as on the measures taken to ensure that inspections take place in the agricultural sector as often and as thoroughly as is necessary to ensure the effective application of the relevant legislation.B.Labour administrationLabour Administration Convention, 1978 (No. 150)Articles 1, 4, 5 and 6 of the Convention. Organization, functioning of the labour administration system and preparation of a national labour policy. The Committee previously requested information on the progress made in the adoption of the national employment and labour policy. In this respect, the Committee notes with interest the adoption, in 2017, of the National Employment and Labour Policy. The Committee notes that the policy was developed in consultation with the social partners and that it aims to provide a framework to promote productive and decent employment in the economy and increase compliance with labour standards by employers, investors and workers. It focuses on ten priority areas. The Committee further notes the organizational chart of the labour administration system provided by the Government with its report, in response to the Committee’s previous request. Lastly, it notes the Government’s indication, in response to the Committee’s previous request, that a functional review of the Ministry of Labour has yet to be done and that it will inform the Office accordingly. The Committee requests the Government to continue to provide information on any measures taken or envisaged with a view to undertaking a functional review of the Ministry of Labour and to provide information on the implementation of the National Employment and Labour PolicyArticle 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee notes the information provided by the Government concerning consultations with the social partners related to the National Employment and Labour Policy. The Committee also notes the information provided by the Government in its report on the application of Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), on tripartite consultations on international labour standards. In this respect, it refers to its observations on the application of Convention No. 144. Article 10. Human resources and material means necessary for the operation of the labour administration system. Following its previous comment, the Committee notes the Government’s indication that the labour administration is present in the 29 districts of the country, which facilitates the population’s access to labour administration services. The Committee notes that, for the 2018/2019 financial years, two training courses varying from 3 to 5 days were provided to officers of the labour administration with technical and financial assistance from the ILO Country Office and the Decent Work Team in Pretoria. In this regard, it notes that trainings have also been provided to newly recruited and existing staff of the labour administration on the following areas: child labour, conflict management and settlement of labour complaints and disputes, labour inspection, management of public employment services and overview of labour laws. The Committee further notes the detailed information provided concerning the financial resources available to the labour administration staff for the performance of their duties during the 2017/2018 and 2018/2019 financial years. The Committee requests the Government to provide information on the number of staff exercising functions in the area of labour administration and to provide further information on the material means currently available to labour administration staff for the performance of their duties.
Repetition 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. A. Labour inspection Articles 4, 6, 7, 10 and 11 of the Convention No. 81 and Articles 7, 8, 9, 14 and 15 of the Convention No. 129. Establishment of a central authority entrusted with control and supervisory powers in the labour inspection system. Adequate human and material resources. The Committee previously requested the Government to take measures to secure an inspection system operating under the supervision and control of a central authority that is provided with adequate human resources in terms of both numbers and skills and the material conditions necessary for the exercise of its functions. The Committee notes the Government’s response in its report that in 2016, 22 labour inspectors were recruited and have been deployed to various district labour offices in the country. The Committee also notes the Government’s indication in its report on Convention No. 150 that trainings have been provided to newly recruited and existing staff on labour inspection issues. It further notes that the Government is seeking technical assistance from the ILO with a view to providing the newly recruited labour inspectors with basic labour inspection training. In addition, it notes that some staff underwent training on the ILO approach to strategic compliance model planning. The Committee requests the Government to provide information on the structure of the labour inspection system, including an organizational chart, if available, and to provide information on the status and conditions of services of labour inspectors including recruitment procedures, qualifications for the positions, and status in comparison to other civil servants. The Committee further encourages the Government to pursue its efforts towards strategic planning and ensuring that the labour inspectorate has the human and material resources necessary for the effective performance of its duties. It requests the Government to provide information on measures taken in this regard and to provide information on the total number of labour inspectors, their distribution across districts, and the training provided to them, including dates and subjects covered for each training session and number of inspectors attending each session. The Committee notes the Government’s request for technical assistance from the Office and firmly hopes that this assistance will be provided in the near future. Articles 14, 20 and 21 of the Convention No. 81 and Articles 19, 26 and 27 of the Convention No. 129. Annual report on labour inspection activities notification of occupational accidents and diseases to the labour inspection services. The Committee notes the Government’s indication in response to its previous request concerning the inclusion of information on the agricultural sector in the annual labour inspection report, that the general annual labour report is published without specifying inspections undertaken in the agricultural sector. The Government indicates that statistics on agricultural undertakings liable to inspection and on the number of workers in the sector are not up to date and that there are no reliable statistics on the number of inspections carried out in agriculture. The Committee also takes due note of the statistical information provided by the Government, in its report related to occupational accidents and occupational safety and health violations, indicating that the majority of accidents in the 2016–2017 and 2017–2018 financial years, occurred in the manufacturing industry and the tobacco farming sector. The Government also indicates that only one suspected occupational disease in the tobacco industry was reported to the Directorate of Occupational Safety and Health within the 2017/2018 financial year. Noting the Government’s indication that an annual labour inspection report is published, the Committee requests the Government to ensure that the report is transmitted to the ILO, in accordance with Articles 20 of Convention No. 81 and 26 of Convention No. 129, The Committee encourages the Government to pursue its efforts to ensure that future annual inspection reports contain complete information on all the subjects listed in Articles 21 of Convention No. 81 and 27 of Convention No. 129, including the number of inspections carried out in the agricultural sector. It also encourages the Government to provide information on any measures taken or envisaged to improve the notification of cases of occupational diseases to the labour inspectorate, in accordance with Articles 14 of Convention No. 81 and 19 of Convention No. 129. Issues specifically concerning labour inspection in agriculture Articles 3, 6, 9 and 21 of Convention No. 129. Functions of the labour inspection system in agriculture, training of labour inspectors in agriculture and inspection visits. In its previous comment, the Committee noted that the agricultural sector provided a livelihood to 80 per cent of the population. The Committee notes the Government’s indication that there are no reliable statistics on the number of inspections carried out in agriculture and that in the recent past, there have been no violations detected and no penalties imposed. It notes, however, the Government’s indication that from 2016 to 2018, the agricultural sector (tobacco) reported the third most occupational accidents, after manufacturing and construction. Noting the significant proportion of workers engaged in the agricultural sector, the Committee requests the Government to provide further information on the measures taken to strengthen the labour inspection system in agriculture, with particular attention to the tobacco sector. It requests the Government to provide information on the provision of adequate training for labour inspectors for the performance of their duties in the agricultural sector as well as on the measures taken to ensure that inspections take place in the agricultural sector as often and as thoroughly as is necessary to ensure the effective application of the relevant legislation. B. Labour administration Labour Administration Convention, 1978 (No. 150) Articles 1, 4, 5 and 6 of the Convention. Organization, functioning of the labour administration system and preparation of a national labour policy. The Committee previously requested information on the progress made in the adoption of the national employment and labour policy. In this respect, the Committee notes with interest the adoption, in 2017, of the National Employment and Labour Policy. The Committee notes that the policy was developed in consultation with the social partners and that it aims to provide a framework to promote productive and decent employment in the economy and increase compliance with labour standards by employers, investors and workers. It focuses on ten priority areas. The Committee further notes the organizational chart of the labour administration system provided by the Government with its report, in response to the Committee’s previous request. Lastly, it notes the Government’s indication, in response to the Committee’s previous request, that a functional review of the Ministry of Labour has yet to be done and that it will inform the Office accordingly. The Committee requests the Government to continue to provide information on any measures taken or envisaged with a view to undertaking a functional review of the Ministry of Labour and to provide information on the implementation of the National Employment and Labour Policy Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee notes the information provided by the Government concerning consultations with the social partners related to the National Employment and Labour Policy. The Committee also notes the information provided by the Government in its report on the application of Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), on tripartite consultations on international labour standards. In this respect, it refers to its observations on the application of Convention No. 144. Article 10. Human resources and material means necessary for the operation of the labour administration system. Following its previous comment, the Committee notes the Government’s indication that the labour administration is present in the 29 districts of the country, which facilitates the population’s access to labour administration services. The Committee notes that, for the 2018/2019 financial years, two training courses varying from 3 to 5 days were provided to officers of the labour administration with technical and financial assistance from the ILO Country Office and the Decent Work Team in Pretoria. In this regard, it notes that trainings have also been provided to newly recruited and existing staff of the labour administration on the following areas: child labour, conflict management and settlement of labour complaints and disputes, labour inspection, management of public employment services and overview of labour laws. The Committee further notes the detailed information provided concerning the financial resources available to the labour administration staff for the performance of their duties during the 2017/2018 and 2018/2019 financial years. The Committee requests the Government to provide information on the number of staff exercising functions in the area of labour administration and to provide further information on the material means currently available to labour administration staff for the performance of their duties.
Repetition Articles 1, 4, 5 and 6 of the Convention. Organization, functioning of the labour administration system and preparation of a national labour policy. 1. Organization and functioning of the labour administration system. The Committee recalls that the Government has specified the bodies exercising competence in the area of labour administration in its report in 2005, but that it has never, despite the reiterated requests of the Committee, provided any information on their activities or copies of any texts governing their functions and operation. The Committee notes that the Government reiterates that monitoring of each field office of the Ministry of Labour is conducted through reports for the purpose of ensuring the effective operation and coordination of the labour administration system. It also notes, from the information provided under the Labour Inspection Convention, 1947 (No. 81), the plans for a functional review of the Ministry of Labour. The Committee requests the Government to provide information on the measures taken or envisaged with a view to the functional review of the Ministry of Labour. Please supply an organizational chart of the labour administration system, describe the functions of each of the bodies of which it is composed and supply details of the manner in which the tasks and responsibilities assigned to the administration system are coordinated (including copies of the reports referred to by the Government for the purpose of ensuring the effective operation and coordination of the labour inspection system). The Committee once again asks the Government to provide copies of any texts in force concerning the functions and operation of the national bodies exercising competence in the area of labour administration. 2. National labour and employment policy. The Committee notes that a draft national employment and labour policy has been formulated and a tripartite meeting will be organized for its approval. The Committee asks the Government to provide information on the progress made on the adoption of the national employment and labour policy, and to provide a copy, once it has been adopted. Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee previously noted the Government’s statement that every year, the Ministry of Labour, in consultation with the social partners, organizes three regional meetings on social dialogue and one at national level. It notes, however, that a copy of the communiqué of the 2011 National Tripartite Social Dialogue Forum has, against the indications of the Government, not been attached to the Committee’s report. The Committee once again asks the Government to provide copies of any reports or extracts thereof on the work of the national, regional and district-level tripartite consultation bodies. Article 10. Human resources and material means necessary for the operation of the labour administration system. The Committee requests the Government to provide information on the number and geographical distribution of staff exercising functions in the area of labour administration and the training they are given in the course of employment (areas covered, frequency, duration, participation, etc.). It also asks the Government to describe the material means and financial resources currently available to labour administration staff for the performance of their duties.
Repetition Articles 1, 4, 5 and 6 of the Convention. Organization, functioning of the labour administration system and preparation of a national labour policy. 1. Organization and functioning of the labour administration system. The Committee recalls that the Government has specified the bodies exercising competence in the area of labour administration in its report in 2005, but that it has never, despite the reiterated requests of the Committee, provided any information on their activities or copies of any texts governing their functions and operation. The Committee notes that the Government reiterates that monitoring of each field office of the Ministry of Labour is conducted through reports for the purpose of ensuring the effective operation and coordination of the labour administration system. It also notes, from the information provided under the Labour Inspection Convention, 1947 (No. 81), the plans for a functional review of the Ministry of Labour. The Committee requests the Government to provide information on the measures taken or envisaged with a view to the functional review of the Ministry of Labour. Please supply an organizational chart of the labour administration system, describe the functions of each of the bodies of which it is composed and supply details of the manner in which the tasks and responsibilities assigned to the administration system are coordinated (including copies of the reports referred to by the Government for the purpose of ensuring the effective operation and coordination of the labour inspection system). The Committee once again asks the Government to provide copies of any texts in force concerning the functions and operation of the national bodies exercising competence in the area of labour administration. 2. National labour and employment policy. The Committee notes that a draft national employment and labour policy has been formulated and a tripartite meeting will be organized for its approval. The Committee asks the Government to provide information on the progress made on the adoption of the national employment and labour policy, and to provide a copy, once it has been adopted. Article 3. Activities regulated through direct negotiations between the social partners. The Committee notes that the Government has not attached a copy of the collective agreement referred to in its report. Referring to its repeated requests in this regard, the Committee once again requests the Government to provide a copy of one or more of the collective labour agreements concluded by the social partners under this provision. Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee previously noted the Government’s statement that every year, the Ministry of Labour, in consultation with the social partners, organizes three regional meetings on social dialogue and one at national level. It notes, however, that a copy of the communiqué of the 2011 National Tripartite Social Dialogue Forum has, against the indications of the Government, not been attached to the Committee’s report. The Committee once again asks the Government to provide copies of any reports or extracts thereof on the work of the national, regional and district-level tripartite consultation bodies. Article 7. Extension of the functions of the system of labour administration to categories of workers who are not, in law, considered to be employed persons. The Committee previously noted the information sent by the Government to the effect that the labour legislation can also be applied in the informal economy and that, as regards tenants, a bill is in preparation. Following consultation with the social partners, the Ministry of Justice is currently preparing the final draft bill to be considered by the Cabinet prior to submission to Parliament. The Committee once again asks the Government to indicate the conditions in which the abovementioned laws are applied in the informal economy and the categories of workers who are concerned and whom the law does not treat as employed persons. The Government is asked to continue to provide information on the progress made to extend the system of labour administration in the bill to workers whom the law does not consider to be employed persons, and to send a copy to the Office as soon as it is adopted. Article 10. Human resources and material means necessary for the operation of the labour administration system. The Committee requests the Government to provide information on the number and geographical distribution of staff exercising functions in the area of labour administration and the training they are given in the course of employment (areas covered, frequency, duration, participation, etc.). It also asks the Government to describe the material means and financial resources currently available to labour administration staff for the performance of their duties.
Repetition Articles 1, 4, 5 and 6 of the Convention. Organization, functioning of the labour administration system and preparation of a national labour policy. 1. Organization and functioning of the labour administration system. The Committee recalls that the Government has specified the bodies exercising competence in the area of labour administration in its report in 2005, but that it has never, despite the reiterated requests of the Committee, provided any information on their activities or copies of any texts governing their functions and operation. The Committee notes that the Government reiterates that monitoring of each field office of the Ministry of Labour is conducted through reports for the purpose of ensuring the effective operation and coordination of the labour administration system. It also notes, from the information provided under the Labour Inspection Convention, 1947 (No. 81), the plans for a functional review of the Ministry of Labour. The Committee requests the Government to provide information on the measures taken or envisaged with a view to the functional review of the Ministry of Labour. Please supply an organizational chart of the labour administration system, describe the functions of each of the bodies of which it is composed and supply details of the manner in which the tasks and responsibilities assigned to the administration system are coordinated (including copies of the reports referred to by the Government for the purpose of ensuring the effective operation and coordination of the labour inspection system). The Committee once again asks the Government to provide copies of any texts in force concerning the functions and operation of the national bodies exercising competence in the area of labour administration.2. National labour and employment policy. The Committee notes that a draft national employment and labour policy has been formulated and a tripartite meeting will be organized for its approval. The Committee asks the Government to provide information on the progress made on the adoption of the national employment and labour policy, and to provide a copy, once it has been adopted.Article 3. Activities regulated through direct negotiations between the social partners. The Committee notes that the Government has not attached a copy of the collective agreement referred to in its report. Referring to its repeated requests in this regard, the Committee once again requests the Government to provide a copy of one or more of the collective labour agreements concluded by the social partners under this provision.Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee previously noted the Government’s statement that every year, the Ministry of Labour, in consultation with the social partners, organizes three regional meetings on social dialogue and one at national level. It notes, however, that a copy of the communiqué of the 2011 National Tripartite Social Dialogue Forum has, against the indications of the Government, not been attached to the Committee’s report. The Committee once again asks the Government to provide copies of any reports or extracts thereof on the work of the national, regional and district-level tripartite consultation bodies.Article 7. Extension of the functions of the system of labour administration to categories of workers who are not, in law, considered to be employed persons. The Committee previously noted the information sent by the Government to the effect that the labour legislation can also be applied in the informal economy and that, as regards tenants, a bill is in preparation. Following consultation with the social partners, the Ministry of Justice is currently preparing the final draft bill to be considered by the Cabinet prior to submission to Parliament. The Committee once again asks the Government to indicate the conditions in which the abovementioned laws are applied in the informal economy and the categories of workers who are concerned and whom the law does not treat as employed persons. The Government is asked to continue to provide information on the progress made to extend the system of labour administration in the bill to workers whom the law does not consider to be employed persons, and to send a copy to the Office as soon as it is adopted.Article 10. Human resources and material means necessary for the operation of the labour administration system. The Committee requests the Government to provide information on the number and geographical distribution of staff exercising functions in the area of labour administration and the training they are given in the course of employment (areas covered, frequency, duration, participation, etc.). It also asks the Government to describe the material means and financial resources currently available to labour administration staff for the performance of their duties.
Repetition Articles 1 and 6 of the Convention. The Committee notes the information supplied by the Government to the effect that a national employment policy is under preparation. In its comments on the information supplied by the Government in its report for 2009, the Committee noted that a consultant had been hired within the framework of cooperation with Norway to assist in developing such a policy. It again asks the Government to provide information, including relevant documents, on the progress of the consultant’s mission and on any measures taken on the basis of his recommendations. It also repeats its request for copies of any texts in force concerning the functions and operation of each of the bodies mentioned in the 2009 report as exercising competence in the area of labour administration.Article 3. The Committee notes that the Government’s report does not contain a copy of one of the collective agreements that the Government said it had appended. It asks again the Government to provide a copy of one or more of the collective labour agreements concluded by the social partners in pursuance of this provision.Article 4. The Government indicates in its report the bodies through which the labour administration system operates. It stated in its previous report that monitoring is conducted through reports for the purpose of ensuring the effective operation of the system of labour administration. The Committee again asks the Government to provide copies of these reports or extracts thereof.The Committee draws attention to the resolution on labour administration and inspection adopted by the International Labour Conference at its 100th Session in June 2011, in which it is noted that experience from the recent financial and economic crisis has shown that labour administration has an essential role among government institutions, as good labour policies and efficient institutions can help to address difficult economic situations, by protecting workers and enterprises against the worst impacts of an economic crisis and mitigating its economic and social consequences while facilitating economic recovery. The Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that the system of labour administration in Malawi is so effective as to play an essential role in circumstances of financial and economic crisis.Article 5. The Committee notes the Government’s statement that every year, the Ministry of Labour, in consultation with the social partners, organizes three regional meetings on social dialogue and one at national level. It notes, however, that the copy of the report referred to in the Government’s report was not attached. The Committee again asks the Government to provide copies of any reports or extracts thereof on the work of the national, regional and district-level tripartite consultation bodies referred to in its previous report.Article 7. The Committee notes the information sent by the Government to the effect that the labour legislation can also be applied in the informal economy and that, as regards Tenants, a Bill is in preparation. The Committee asks the Government to indicate the conditions in which the abovementioned laws are applied in the informal economy and the categories of workers who are concerned and whom the law does not treat as employed persons. The Government is also asked to provide information on the extension of the system of labour administration in the Bill to workers whom the law does not treat as employed persons, and to send a copy to the Office as soon as it is adopted.Article 10. With reference to its previous comments, the Committee again expresses the hope that the Government will not fail to supply the inspection reports for the years from 2003 to 2005.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the Government’s report received in November 2005 in reply to its previous comments. It would be grateful if the Government would communicate additional information and relevant documents in relation to the following matters.
Articles 1 and 6 of the Convention. The Committee notes the Government’s indication of the bodies which make up the labour administration system. It also notes the Government’s statement to the effect that Malawi does not have a written national labour policy, but that the assistance of a consultant, hired within the framework of cooperation with Norway, should allow for the development of a comprehensive national employment and labour policy. The Committee would be grateful if the Government would provide copies of any texts in force concerning the functions and operation of each of the bodies which, according to its report, exercise competence in the area of labour administration, and supply information, including any relevant documents, on the progress of the abovementioned consultant’s mission and on any measures taken on the basis of his recommendations.
Article 3. The Committee would be grateful if the Government would provide a copy of one or more of the collective labour agreements concluded by the social partners in pursuance of this provision.
Article 4. The Committee asks the Government to provide a copy of any reports or extracts thereof on the basis of which the Government monitors the operation and coordination of the various bodies of the labour administration system.
Article 5. The Committee asks the Government to provide copies of reports or extracts thereof on the work of the national, regional and district-level tripartite consultation bodies referred to in its report.
Article 7. Noting that consultations were held with the social partners on the application of this provision and that the resulting proposals were to be submitted to Parliament, the Committee would be grateful if the Government would keep the International Labour Office informed of any progress made in this respect and communicate any relevant documents.
Article 10. The Committee notes that training has been provided to new inspectors with the assistance of the Office and that means of transport have been reinforced thanks to motorcycles provided by UNICEF and the International Labour Office within the framework of the SLASSA/ILSSA project and two motor vehicles provided by the Ministry. According to the Government, these new means of transport have contributed to significantly improving the operation of the inspection service, with the Ministry now able to compile statistics and publish them annually. The Committee hopes that the Government will send the inspection reports for 2003, 2004 and 2005 without fail, as it has promised.
Article 10. The Committee notes with interest that training has been provided to new inspectors with the assistance of the Office and that means of transport have been reinforced thanks to motorcycles provided by UNICEF and the International Labour Office within the framework of the SLASSA/ILSSA project and two motor vehicles provided by the Ministry. According to the Government, these new means of transport have contributed to significantly improving the operation of the inspection service, with the Ministry now able to compile statistics and publish them annually. The Committee hopes that the Government will send the inspection reports for 2003, 2004 and 2005 without fail, as it has promised.
The Committee notes the Government’s first report and the attached documents. It draws the Government’s attention to the following points.
Articles 1 and 6 of the Convention. The Government indicates under these Articles that the system of labour administration is organized in accordance with the provisions of Part III of the Employment Act No. 6 of 2000. Noting that these provisions address exclusively the functions of the labour inspection system, the Committee would be grateful if the Government would provide additional information on the organization of the other public administration bodies responsible for or which contribute to the preparation, administration, coordination, checking and review of national labour policy.
Article 3. According to the Government, any matters which affect employers, workers or their organizations can be regulated through direct negotiations between employers’ and workers’ organizations. The Committee would be grateful if the Government would indicate precisely the activities in the field of its national labour policy which are regarded as being regulated by having recourse to direct negotiations between employers’ and workers’ organizations.
Article 4. The Committee would be grateful if the Government would indicate the measures taken to ensure that the system of labour administration operates effectively and that the functions and responsibilities entrusted to it are properly coordinated.
Article 5. The Government reports the existence of a tripartite consultation system at the national, regional and district levels covering the various sectors of economic activity. The Committee requests the Government to indicate the manner in which these consultations are organized and, where appropriate, to provide the names of the tripartite bodies in which they are held.
Article 7. According to the Government, national conditions require the gradual extension of the functions of labour administration to cover the workers mentioned in points (a) to (d) of this Article. The Committee would be grateful if the Government would provide, as it indicated it would in its report, a copy of the Bill for the protection of tenants, sharecroppers and similar categories of agricultural workers, which was prepared in consultation with employers, workers and both local and international human rights organizations, as well as information on the subjects covered by these consultations and their outcome, or if it would provide a copy of the definitive text of the Act, as appropriate.
Article 8. The Committee requests the Government to indicate the bodies of the labour administration system responsible for participating in the preparation of national policy concerning international labour affairs and in the representation of the State with respect to such affairs, and for the preparation of measures to be taken at the national level with respect thereto.
Article 10. The Committee notes the indication that there has been no response to the request made to the ILO for technical assistance in the training of newly recruited labour inspectors. It further notes the information concerning the lack of vehicles and materials for the smooth operation of labour administration, the weakness of the system for the compilation of statistics and the request for ILO assistance for the establishment of appropriate models for the publication of information that is comparable at the international level. The Committee hopes that the Government will be able to provide information in its next report on any steps taken to renew these requests, and on the results obtained.