Labour Administration Convention, 1978 (No. 150) - St Helena

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments

Previous comments

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 85 (labour inspection) and 150 (labour administration) together.

Labour Inspectorates (Non- Metropolitan Territories ) Convention, 1947 (No. 85)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures to take follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments. The Committee takes due note of the Government’s indications, in reply to the Committee previous request, that it will take into consideration the extension of the application of the Labour Inspection Convention, 1947 (No. 81) to St Helena. The Committee recalls to the Government the possibility of availing itself of the technical assistance of the Office. It also requests the Government to provide information on any steps taken towards extending the application of Convention No. 81 to St Helena.

Articles 1 and 4 of the Convention. Organization and functioning of a labour inspection system. In reply to the Committee’s previous comment, the Government indicates that, regrettably, there has been no progress made in establishing a labour inspection service within St Helena. It adds, however, that public authorities, such as the Labour Regulating Authority and the Employment Rights Committee, continue to function. The functions of the Employment Rights Committee now include promoting employees’ rights granted under the Employment Rights Ordinance (formerly a role of the Labour Regulating Authority). The Committee notes the Government’s indication that neither organization delivers the functions of labour inspectors, as envisaged by Article 4 of the Convention. With respect to occupational safety and health, the Government indicates that the Health and Safety Working Group ceased its work during the 2019–20 financial year, as it was recognized that a dedicated resource was required to take this important work forward. Efforts are still being made to secure funding and, in the meantime, work is ongoing to train government employees in basic health and safety awareness. The Committee once again requests the Government to pursue its efforts to provide for the organization of labour inspection services within the territory of St Helena and to provide information on any progress made in this regard. It also requests the Government to provide information on the progress made in securing funding and in reactivating the work in the field of occupational safety and health. The Committee once again requests the Government to continue providing information on the activities of the Labour Regulating Authority, including the number of cases received and resolved, as well as their results.

Article 2. Training of labour inspectors. The Committee notes the Government’s indication that no progress was made in training of persons responsible for labour inspection as there were no labour inspectors that had been appointed. The Committee once again requests the Government to provide information on the measures taken for the appointment of new inspectors or designation of persons with labour inspection responsibilities, and on the provision of adequate training, once appointments or designations are made.

Labour Administration Convention, 1978 (No. 150)

Article 6 of the Convention. Restructuring of the labour administration services. Activities of the bodies entrusted with labour administration functions. In its reply to the previous comments, the Government indicates that the Education and Employment Directorate has been re-designated as the Education, Skills and Employment Portfolio, following a restructuring of the public service which came into effect in April 2021. The Committee notes the Government’s indication that the responsibility for the development of policy and legislation relating to employment and labour administration rests with the Minister of Education, Skills and Employment. It also notes the annual progress report on the Labour Market Strategy for 2020-2035 for the year ending 31 December 2021. The Committee requests the Government to continue to provide information on the activities of, and the coordination between, all bodies with labour administration responsibilities, and to provide reports on their activities, where applicable. It also requests the Government to continue to provide information regarding the implementation and review of the Labour Market Strategy 2020–2035, in the context of the application of the Convention.

Article 10. Status and conditions of service of the staff of the labour administration system. The Government previously indicated that technical cooperation personnel and consultancy services may be employed if needs cannot be fully met from locally available workers. In reply to the previous comments, the Government indicates that there is one position within the Technical Cooperation Programme, that of the Director of Human Resources and Organizational Development, which supports the work of the labour administration services. The Director is responsible for, among other functions, ensuring a safe and thriving environment for all workers, supporting the resolution of workplace disputes, and providing the public service with necessary tools to define and influence a positive organizational culture. The Committee notes the Government’s indication that, as far as possible considering the budgetary constraints, staff of the labour administration system have access to training and material resources to enable them to effectively carry out their duties. The Committee requests the Government to continue to provide information on the measures taken to ensure that staff of the labour administration system are suitably qualified for the activities to which they are assigned, have access to necessary training, and have the status, material means and the financial resources necessary for the effective performance of their duties, in accordance with Article 10 of the Convention.

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 85 (labour inspection) 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).

Labour inspection: Convention No. 85

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures to take follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments. The Committee encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider taking the necessary steps towards extending the application of Convention No. 81, as the most up-to-date instrument in this subject area, to St Helena. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Articles 1 and 4 of the Convention. Organization and functioning of a labour inspection system. The Committee notes the Government’s reiterated indications in its report that there has been no progress with regard to the development of a labour inspection system in St Helena. The Government states that, however, the functions of labour inspectors are delivered by different public authorities, particularly the Labour Regulating Authority (LRA) and the Employment Rights Committee. The Chief Magistrate, who chairs the LRA, acts independently to hear grievances from employees. It also indicates in its report and supplementary information that a Health and Safety Working Group has been established with an aim to ensure that adequate institutional arrangements with supporting systems and processes are in place to protect and promote the health and safety of the people in St Helena, including the health and safety of employees. The Committee also notes the Government’s indication in its report under the Labour Administration Convention, 1978 (No. 150), that the LRA is concerned with the low number of cases received (four cases during a 12-month period), and that private sector employees seem reluctant to take grievances to the LRA. The Government further indicates its intention to appoint inspectors. However, it also states that it remains a challenge given the small size (population of 4,700, economic active population of 2,800 and 194 registered companies) and remoteness of St Helena. The Committee once again requests the Government to pursue its efforts to provide for the organization of labour inspection services within the territory of St Helena and to provide information on any progress made in this regard. It requests the Government to provide information on the number of persons responsible for the control of conditions of employment, as well as their activities, including the powers exercised under Article 4 as well as action taken on complaints from workers and investigation of accidents or deaths involving workers. It also requests the Government to provide detailed information on the activities of the Health and Safety Working Group in the field of occupational safety and health. The Committee finally requests the Government to continue providing information on the activities of the Labour Regulating Authority, including the number of cases received and resolved and the number of inspections undertaken (if any), as well as their results.

Article 2. Training of labour inspectors. The Committee previously noted the Government’s indication that upon the final decision with regard to the entity responsible for labour inspection, relevant training would be arranged for the staff entrusted with labour inspection functions. It notes the Government’s statement that at present, there are no labour inspectors, but that it intends to appoint inspectors in the future. The Committee requests that the Government provide information on the measures taken to ensure that appropriate training is provided to persons responsible for labour inspection, including any new inspectors appointed, and the results of these measures (including number of persons that were trained, dates of training, subjects covered and duration).

Labour administration: Convention No. 150

Article 6 of the Convention. Restructuring of the labour administration services. Activities of the bodies entrusted with labour administration functions. The Committee previously noted the ongoing restructuring of the labour administration services. The Committee notes the organizational chart of the government structure submitted with the Government’s report in response to the Committee’s previous request. The Committee also notes the Government’s indications in its report and its supplementary information regarding the activities of bodies with responsibility of labour administration: (i) the Education and Employment Directorate has a strategic priority to work through the Community College to provide opportunities for training and development to meet the needs of the people and the economy, and establishes targets in this respect ; (ii) the Corporate Human Resources Department is developing a five-year Workforce Plan to ensure the identification of skills, roles and competencies in need; (iii) the Education and Employment Committee (previously the Education Committee) is responsible for the development of policy and legislation relating to employment rights (following the amendment, in 2020, to the Council Committees (Rules of Procedure) Order of 2010)); and (iv) the LRA continues to receive grievances from employees. The Government also indicates in its supplementary information that, following the amendment in 2020 to the Employment Rights Ordinance of 2010, the number of personnel of the LRA increased from one to three. The Government further indicates that the Labour Market Strategy for 2020–2035 is adopted. The Committee requests the Government to continue to provide information on the activities of, and the coordination between, all bodies with labour administration responsibilities, and to provide reports on their activities, where applicable. The Committee also requests the Government to provide further information regarding the implementation and review of the Labour Market Strategy 2020–2035.

Article 10. Status and conditions of service of the staff of the labour administration system. The Committee notes the Government’s indication in response to its previous comments that all staff employed by the St Helena Government are governed by the Code of Management. It also notes the attached Statement of Particulars as the employment terms of government staff. The Government states that technical cooperation personnel and consultancy services may be employed if needs cannot be fully met from locally available resources and human capacity, subject to relevant legislation, the Code of Management and other agreed terms and conditions of the Government. The Committee further notes the attached terms and conditions of service for technical cooperation officers. The Committee requests the Government to continue to provide information on the measures taken to ensure that the staff of the labour administration system are suitably qualified for the activities to which they are assigned, have access to necessary training, and have the status, material means and the financial resources necessary for the effective performance of their duties, all in accordance with Article 10 of the Convention, and to indicate the number of technical cooperation personnel engaged in work of labour administration and the needs they are engaged to meet.

[The Government is asked to reply in full to the present comments in 2022.]

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

Legislation. The Committee welcomes the adoption and coming into force of the Employment Rights Ordinance (ERO) which includes minimum wage regulations and employment rights regulations, a copy of which has been attached to the Government’s report.

Article 6 of the Convention. Restructuring of the labour administration services. Activities of the bodies entrusted with labour administration functions. The Committee notes the information provided by the Government under the Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85) concerning the ongoing restructuring of the labour administration services.

In this regard, the Committee notes that: (i) the Social and Community Development Committee is now responsible for overseeing employment policy and legislation; (ii) the Education and Employment Directorate is currently responsible for employment matters; (iii) the Employment Rights Committee is entrusted with providing recommendations in relation to the national minimum wage, in accordance with section 8 of the ERO; and (iv) the Labour Regulating Authority (LRA) is, among other things, entrusted with the investigation and determination of claims made by employees under the ERO, in accordance with its section 4 (for instance, relating to wages, working hours and leave periods). The Committee requests that the Government provide an organizational chart of the labour administration services following its restructuring, and describe the composition and functions of the bodies within this system. Welcoming the comprehensive report of the Employment Rights Committee that is attached to the Government’s report, the Committee requests that the Government also provide information on the activities of the other bodies of the labour administration system (i.e. the Social and Community Development Committee, the Education and Employment Directorate and the LRA) and to provide any reports on their activities, where applicable.

Article 10. Status and conditions of service of the staff of the labour administration system. The Committee notes the information provided by the Government that the staff employed in the Human Resources section of Corporate Services (responsible for the recruitment of government officials) and those employed in the Education and Employment Directorate (responsible for employment matters) are governed by the Government’s Code of Management, which provides for more favourable terms and conditions of employment than those prescribed by the ERO. The Committee further notes the Government’s information in relation to the allocation of financial resources in respect of the employment of labour administration staff. The Committee requests that the Government supply information on the status and conditions of service of all staff working within the labour administration system (including those not working in the Human Resources section of Corporate Services and the Education and Employment Directorate). The Committee also requests that the Government provide, where applicable, relevant texts governing the status and conditions of their service.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the information provided by the Government that a Bill for an Ordinance on employment and workers’ rights is being prepared and will be submitted to the Legislative Council during 2010–11 for adoption. The Committee would be grateful if the Government would inform the ILO with information on any development in this regard and to send a copy of the Bill as soon as it is adopted.

Article 6 of the Convention. The Committee notes the Government’s indication that a Labour Regulation Authority (LRA) has been appointed to deal with issues related to labour administration. It requests the Government to provide information on the activities of the LRA during the period covered by the next report and to communicate to the ILO any reports on its activities.

Article 10. The Government indicates that the Human Resources Department is competent for the recruitment of personnel. The Committee requests the Government to supply information on the status and conditions of service of the staff of the labour administration system and to describe the material means and the financial resources allocated for the performance of their duties.