Labour Administration Convention, 1978 (No. 150) - Zimbabwe (Ratification: 1998)

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 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.

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

The Committee notes the observations made by the Zimbabwe Congress of Trade Unions (ZCTU) received on 31 August 2015.

In its previous comment, the Committee noted that as a follow-up to the recommendations of the Commission of Inquiry appointed under article 26 of the ILO Constitution to examine the observance by the Government of Zimbabwe of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Government and the social partners had agreed on an “ILO Technical assistance package for Zimbabwe” which was likely to have a direct impact on the labour administration system and the application of the present Convention.

It requested that the Government provide information on the impact of the measures taken in the framework of this technical assistance package on the system of labour administration, including in relation to issues reflected below.

Articles 4 and 10 of the Convention. Organization, effective operation and coordination of the system of labour administration. Capacity of labour administration staff. In reply to the Committee’s request to provide information on the measures taken in relation to the organization, effective operation and coordination of the system of labour administration, the Committee notes the Government’s indication that, following amendments to the Labour Law (through the 2015 Labour Law Amendment Act No. 5), the dispute settlement system has been strengthened, among other things through the introduction of section 93 (providing for the immediate determination of disputes) and the strengthened supervision by the Minister of Labour of the bipartite employment councils in section 63. In this regard, the Committee refers to its comments under Convention No. 87, concerning the requested amendment to section 63(A) to bring it into conformity with Article 3 of Convention No. 87.

Moreover, in reply to the Committee’s request in relation to the measures taken to provide for the effective operation of the system of labour administration, the Committee notes the Government’s reference to a number of training and capacity-building activities with ILO assistance, including for employment council councillors, arbitrators and labour courts judges (on the subjects of freedom of association and collective bargaining, professional and ethical conduct of staff responsible for dealing with labour disputes, etc.), which according to the Government, have improved the functioning of the labour administration system through better coordination. In this respect, the Committee also notes the observations made by the ZCTU that the dispute resolution system continues to be cumbersome and is likely to be prolonged due to a shortage of personnel for dispute resolution, the lack of equipment and the poor remuneration paid to Government employees. The trade union further explains that following the introduction of the new section 93 to the Labour Law, private arbitrators which had previously provided assistance to public arbitrators, are no longer permitted to determine rights except following the parties’ voluntary agreement. The Committee requests that the Government provide its comments in relation to the observations made by the ZCTU. It requests that the Government provide more detailed information on the functioning of the dispute resolution system (including the number of public arbitrators employed, the number of cases pending and dealt with, the average length of the procedure until a decision is reached, etc.), as well as the measures taken for its improvement.

Article 5. Promotion of effective consultation and cooperation between public authorities and bodies and employers and workers organizations. In reply to the Committee’s request to provide information on the measures taken or activities carried out in order to encourage effective consultation and cooperation between public authorities and bodies, and employers’ and workers’ organizations, the Government refers to the activities undertaken from 2011–15 with ILO technical assistance, including with the Zimbabwe Human Rights Commission, the Tripartite Negotiating Forum and the Wages and Salary Advisory Board, concerning among other things, the ongoing labour law reform, freedom of association and collective bargaining. The Government indicates, that as a result of these activities, there is better understanding and increased appreciation of International Labour Standards by Government agencies, such as the Zimbabwe Human Rights Commission. Moreover, the Government indicates that, as a result of these activities, there is better social dialogue through improved negotiating skills in the public sector within the National Joint Negotiating Council. 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. Concerning the alleged serious disruptions of trade union activities by the Government through the Zimbabwe Republic Police, the Committee refers to its comments under Convention No. 87.

Article 7. Gradual extension of the functions of the system of labour administration. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that there are no plans at the moment to extend the functions of the system of labour administration to any of the categories of workers listed in Article 7(a)–(d). The Committee requests that the Government provide information on any development in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government on the system in place for the conduct of consultations between public authorities and employers’ and workers’ organizations including through the Tripartite Negotiating Forum and the Wages and Salary Advisory Board at national level. In its previous comments, the Committee, taking note of observations made by the Zimbabwe Congress of Trade Unions (ZCTU) and the Government’s reply, formulated comments in relation to the need for adequate consultation with the social partners and the need to ensure the organization and coordination of an effective system of labour administration, including accessible and well-functioning labour courts.

The Committee notes that as a follow-up to the recommendations of the Commission of Inquiry appointed under article 26 of the ILO Constitution to examine the observance by the Government of Zimbabwe of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Government and the social partners have agreed on an “ILO Technical assistance package for Zimbabwe” which is likely to have a direct impact on the labour administration system and the application of the present Convention by providing for: preparations for a Bill to legislate the tripartite negotiating forum (TNF); capacity building on trade union issues for government officials at the provincial level; strengthening the judiciary, labour officers, conciliators and arbitrators; strengthening the interface between social partners and human rights structures; and strengthening employment policy.

The Committee requests the Government to indicate the impact of the measures taken or envisaged in the framework of the technical assistance package on the organization of an effective and properly coordinated system of labour administration under the control of a central authority. In particular, the Committee would be grateful if the Government would send detailed information on the following:

–      the measures taken or activities carried out in order to encourage, at national, regional and local levels, effective consultation and cooperation between public authorities and bodies, and employers’ and workers’ organizations; please also indicate the activities carried out by the Tripartite Negotiating Forum and the Wages and Salary Advisory Board during the reporting period;

–      measures taken or envisaged to ensure the organization, effective operation and coordination of the system of labour administration, including access to well-functioning labour courts;

–      any plans to extend the functions of the system of labour administration to any of the categories of workers listed in Article 7(a)–(d), including members of cooperatives;

–      extracts of any reports or any periodic information provided by the principal labour administration services (Part IV of the report form).

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and the information sent in reply to its previous comments. It also notes the observations of 6 September 2005 by the Zimbabwe Congress of Trade Unions (ZCTU), and the Government’s reply to the points raised, received on 28 November 2005.

According to the ZCTU, the labour administration lacks the necessary resources to operate. The staff of the Ministry of Public Service, Labour and Social Welfare lack the professional independence required by the Convention. Furthermore, the Minister of Labour has excessive powers enabling him to decide on his own issues relating to labour administration, which means that the social partners have no role to play. The ZCTU also indicates that since 2000, the Government has failed to publish collective bargaining agreements as the law requires in order for the agreements to be binding. For many workers, the Labour Court is not accessible because it is located only in Harare. Furthermore, the court is understaffed, which means long delays in the delivery of judgements. The ZCTU is of the view that tripartism should be encouraged in the dispute settlement system and that an independent organ should be set up for conciliation and arbitration because the current system has failed to yield the desired results.

The Government is of the view that the ZCTU’s allegations are too generic and are not based on documented information corroborated by evidence.

1. Article 6, paragraph (2)(c). Inadequate consultation with the social partners. According to the Government, the allegation that the Minister of Labour makes his own decisions regarding labour administration is not borne out by any provisions of the law. In its discussion of the application of Convention No. 87, the Conference Committee on the Application of Standards (ILC, 95th Session, May-June 2006) noted with concern the information submitted on the situation of trade unions in Zimbabwe and pointed out that workers’ organizations must be able to give their views on the Government’s social policy. The Committee would be grateful if the Government would indicate how the competent bodies within the system of labour administration encourage, at national, regional and local levels, effective consultation and cooperation between public authorities and bodies and employers’ and workers’ organizations.

2. Article 4. Organization and coordination of the system of labour administration. The Committee notes with interest the information sent by the Government concerning the Labour Courts, particularly the information replying to the ZCTU’s comments on this matter. The Government states that efforts are under way to enable the Labour Court to reach out to all provinces, citing the example of Masvingo, and that with the appointment of new judges, the backlog of the Labour Court has been reduced. The Committee also notes with interest the organizational chart of the department of labour relations and the budgetary information pertaining to labour administration for 2005. It nevertheless notes with concern that many posts are still vacant, particularly in provincial directorates and national coordination. The Committee draws the Government’s attention to the guidance given in points 19-21 of Recommendation No. 158 on labour administration, and would be grateful if the Government would provide information on the manner in which it ensures the organization and effective operation in its territory of the system of labour administration, and that the latter’s functions and responsibilities are properly coordinated.

3. Article 7. Extension of the system of labour administration. The Committee would be grateful if the Government would indicate whether there are any plans to extend the functions of the system of labour administration to any of the categories of workers listed at Article 7(a)-(d). The Committee would also be grateful if the Government would send information on the action taken on the recommendation adopted by the Government, the employers and the workers in June 2002 to promote cooperatives, referred to in the previous report.

4. Part IV of the report form. The Committee would be grateful if the Government would provide, in accordance with the report form approved by the ILO Governing Body, extracts of any reports or any periodic information provided by the principal labour administration services.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the information replying in part to its previous comments. It also notes the Factories and Works Act, as revised in 1996, and the Pneumoconiosis Act. Noting that neither the organizational charts for labour administration systems nor the information on budget allocations for 2002 for human resources and labour administration have been sent, the Committee hopes that they will be forwarded as soon as possible. It requests the Government also to provide all available information on the procedure for the adoption of the labour amendment Bill currently before Parliament together with a copy of the new recommendation adopted in June 2002 referred to in the report, whereby the Government, the employers and the workers agreed to promote cooperatives.

The Committee further notes from a government internet source that, in recent years, the informal sector of the economy has developed rapidly as the formal sector has dwindled. The Committee would be grateful if the Government would indicate the measures taken to adapt the labour administration to the structure of the economy, providing particulars of the manner in which effect is given in practice to Article 7, paragraph 2(b), of the Convention.

Lastly, the Committee would be grateful if the Government would supply, in accordance with the requirements of Part IV of the report form on the Convention, extracts of reports or other periodic information submitted by the main labour administration bodies and referred to in Paragraph 20 of Recommendation No. 158 which supplements the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information in the Government’s first report. It would appreciate it if the Government would provide in its next report further information on the points raised below.

Articles 1, 4, 6 and 10 of the Convention.  The Committee notes with interest the Government’s indication that a new Labour Amendment Bill, which seeks to bring all employees in all sectors of economy - both private and public sector employees, including employees in the export processing zones - under one labour administration system, was being submitted to Parliament at the time of reporting. The Committee hopes that the Government will supply full particulars on the progress made in this regard. It would also appreciate it if the Government would provide practical information on the organization and activities of all administration bodies responsible for and/or engaged in labour administration, including the organizational chart of the main bodies of labour administration and copies of extracts of periodical reports published by these bodies.

Article 10.  The Committee hopes that the Government will provide information on the number of staff in the bodies of the labour administration as well as the budget allocated to labour administration.

In addition, the Committee would appreciate it if the Government would supply to the ILO copies of the latest versions of all laws and regulations, which are related to the application of the Convention.