Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Zambia

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 2013)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 2013)
Convenio sobre la administración del trabajo, 1978 (núm. 150) (Ratificación : 1980)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour Inspection Convention, 1947 (No. 81) and Labour Inspection (Agriculture) Convention, 1969 (No. 129)

The Committee notes the observations of the Federation of Free Trade Unions of Zambia (FFTUZ) on Conventions Nos 81 and 129, communicated with the Government’s report. The FFTUZ indicates that there is a need to intensify labour inspections. With respect to Convention No. 129, the FFTUZ indicates that there is a need to develop mechanisms that will respond to specific issues of labour inspection in the agricultural sector. The Committee requests the Government to provide its comments in this respect.

Articles 3(1)(a) and (b), 10, 11, 13, 16, 17 and 18 of Convention No. 81. Labour inspection in the mining sector. In response to its previous comments regarding the budgetary, human and material means available to the Mines Safety Department (MSD), the Committee notes the information in the Government’s report that the number of labour inspectors at the MSD in 2022–23 stands at 52, compared to 51 in the previous period (with 16 vacancies). It also notes that the number of labour inspectors at the Ministry of Labour and Social Security (MLSS) increased from 19 in 2020–21 to 22 inspectors in 2022–23 (with one vacancy). Moreover, the Committee notes the Government’s indication that the labour inspectorate recorded an increase in compliance levels with respect to occupational safety and health protocols by mine and factory operators. The Government adds, however, that some mines remain uninspected due to limited funds for inspections. From 2020 to mid-2023, the MSD and the MLSS conducted a total of 1,580 inspections in mines. In terms of fines applied to non-compliant mines and factories, from 2020 to mid-2023, the Committee notes from the report that fines totaled Zambian kwacha (ZMW) 1,061,173 (approximately US$46,000) for the MSD and 1,060,000 (approximately US$45,900) for the MLSS. Noting that some mines remain uninspected, the Committee requests the Government to continue to provide information on the number of mine inspections and the outcome of these inspections, including the amount of fines assessed and collected. It also requests the Government to continue providing information regarding the number of labour inspectors in charge of the mining sector and the material means placed at their disposal.

Articles 3(1)(b) and 13 of Convention No. 81 and Articles 6(1)(b) and 18 of Convention No. 129. Preventive activities of occupational safety and health (OSH) inspectors. In reply to its previous comment, the Committee notes that the Government provides information regarding the number of suspension orders following an accident or dangerous occurrence. It notes in this regard that 72 such orders were issued in 2020, 76 in 2021, 67 in 2022, and 22 in first half of 2023. In terms of duration, the Government indicates that sanctions last until all anomalies are rectified. The Committee requests the Government to continue to provide updated information on the number of orders made by labour inspectors, pursuant to section 103 of the Factories Act and sections 36 and 75 of the Mines and Minerals Development Act, which require measures with immediate executory force in the event of imminent danger to the health or safety of the workers.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties entrusted to labour inspectors. In reply to the Committee’s previous request, the Government indicates that the additional duties assigned to labour inspectors do not adversely affect the execution of their primary duties, as the proportion of time spent to discharge their primary duties sits at an average of 70 per cent per week, and that in inspectors are typically expected to conduct inspections for three days per working week. The Committee takes note of this information, which addresses its previous request.

Articles 5(a) and 18 of Convention No. 81 and Articles 12 and 24 of Convention No. 129. Cooperation with other private and public authorities exercising similar duties, including the judiciary, and effective enforcement of penalties. The Committee notes the Government’s indication, in reply to its previous request, that active collaboration exists between the MLSS and other institutions responsible for the monitoring of social security legislation, such as the Workers’ Compensation Fund Control Board, the National Pension Scheme Authority, and the National Health Insurance Management Authority. The Government indicates that, as a measure to address the challenges faced by the inspectorate in the prosecution of non-compliant employers, the Employment Code Act of 2019 provides for the application of administrative penalties by the Labour Commissioner, thereby avoiding lengthy court procedures. The enforcement of the provisions in the Code which deal with the administrative penalties has resulted in improvement in terms of compliance with the Law. The Committee requests the Government to indicate the number of cases in which the Labour Commissioner compounded offences in accordance with section 132 of the Employment Code Act and those in which the case was referred to the prosecutor. It also requests the Government to provide information on the outcome of those cases and 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. In response to the Committee’s previous comment, the Government indicates that labour inspectors are employed on permanent and pensionable conditions of employment in Zambia, reviewed periodically through the collective bargaining process and Government circulars. Like other civil servants, labour inspectors are paid a monthly salary and remunerative allowances, including a rural or hardship allowance for those in remote and rural districts. The Committee requests the Government to provide information on the salary of labour inspectors in comparison to other government employees exercising similar duties and responsibilities.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. The Committee notes the information provided by the Government on the number of trainings and workshops organized for labour officers and labour inspectors during the reporting period, as well as the number of persons trained. The training topics included occupational safety and health, mine waste and mine water management, compliance with national labour legislation, and international labour standards. The Committee notes, however, that no information was provided on training offered to labour officers in the agricultural sector, on issues such as the handling of chemicals in agriculture. The Committee therefore requests the Government to continue to provide information on the trainings conducted for labour inspectors, including any trainings conducted to ensure that labour inspectors in agriculture are adequately trained for the performance of their duties.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Human resources of the labour inspectorate. Financial and material means. In reply to its previous comment, the Committee notes the Government’s information that: (i) the number of labour inspectors at the MSD stands at 52 against the approved establishment of 68 while the number of labour inspectors under MLSS stands at 22 against the approved establishment of 23. Therefore, there is a total of 74 labour inspectors with 91 sanctioned positions; (ii) the MLSS now has its presence registered in 54 districts across the country and that 46 new labour officers have been employed, bringing the number of labour inspectors and officers to 176; (iii) the number of occupational health and safety officers (OSH) increased to 16 (compared to 13 in 2019); (iv) it provided four additional vehicles for inspections; and (v) there has been an increase in budget of the labour inspectorate between 2021 and 2023 and that funds for support to field stations are set aside within the Ministerial budget for office refurbishment and construction and procurement of office equipment and furniture. While noting these improvements, the Committee also notes that, according to the 2022 annual report of the MLSS, major constraints identified include poor staffing levels in the Department, which led to work overload on officers, especially those operating from the field stations, as well as the absence of transport, poor communication facilities and material supplies. The Committee therefore requests the Government to continue to pursue its efforts to identify and allocate the financial resources necessary to meet the needs of the labour inspection services in terms of human resources and material means in all district offices and in all relevant sectors, including agriculture. It also requests the Government to continue to provide updated information on measures taken in this regard, as well as on the number of labour inspectors and OSH inspectors by district.

Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. Free access of labour inspectors to workplaces liable to inspection at any hour of the day or night without prior notice to carry out investigations. The Committee refers to its previous comments where it noted that, pursuant to section 125(a) of the Employment Code Act of 2019, a labour inspector may enter and search any premises where information or documents which may be relevant to an inspection may be kept, but the section does not stipulate that inspectors are empowered to enter premises without notice. In its response, the Government indicates that the Employment Code Act has sufficient provisions that grant labour inspectors the authority and access to conduct labour inspections at any workplace. Referring to other legislative texts, including the Factories Act, the Government further indicates that all labour inspections performed are unannounced, with the exception of OSH and MSD inspections which may require specialized technical personnel to be present in line with their work schedules at prescribed statutory inspection periods. Noting that the Factories Act and other legislative texts do not explicitly stipulate that labour inspectors are empowered to enter workplaces without previous notice, the Committee once again requests the Government to specify the measures taken to ensure that the MSD, OSH and labour inspectors are able to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, in accordance with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. The Committee further requests the Government to provide more detailed information on the total number of labour inspections performed annually, disaggregated by the number of announced and unannounced inspections.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee previously requested the Government to indicate the provisions requiring the notification of occupational diseases in the mining sector, and the legal provisions governing the notification of occupational accidents and diseases in agriculture. In its response, the Government refers to section 103 of the Mines and Minerals Development Act of 2015, which provides that a holder of a mining right, mineral processing licence or gold panning certificate who wilfully fails or neglects to give notice of an accident to the Director of Mines Safety commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding one year, or to both. The Government then refers to the Mines Safety Regulations which provide for employers to give notification of cases of occupational diseases that occur in the mining sector. It adds, however, that in small-scale mines accidents are under reported and that it continued raising awareness of the small-scale mine operators. Moreover, the Government indicates that some sections in the agricultural sector that qualify as factories, as defined in the Factories Act, are required to give notice of occupational accidents and diseases. With reference to its comment below under Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129, the Committee requests the Government to provide information of the number of occupational accidents and diseases notified to the labour inspectorate in all sectors, including disaggregated data for mining and agriculture.

Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129. Obligations of labour inspectors. The Committee notes that the Government reiterates that all public service workers are governed by the Code of Ethics, which requires them to observe confidentiality even after leaving the public service. The Government adds that labour officers, like any other public service workers, are bound by the oath of secrecy, which is a prerequisite to admission into the civil service. The Committee once again requests the Government to provide further information on the manner in which it ensures that, in practice, labour inspectors treat as absolutely confidential the source of any complaint and give no intimation that an inspection visit was made in consequence of receiving such a complaint.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Publication and communication to the ILO of annual labour inspection reports. The Committee notes that the 2022 annual report of the MLSS, submitted with the Government’s report, contains information on the number of inspections and the fines collected but does not contain information on staff of the labour inspection service (Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129); statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129); statistics of industrial accidents and occupational diseases (Article 21(f) and (g) of Convention No. 81 and Article 27(f) and (g) of Convention No. 129). The Committee therefore request once again the Government to take the necessary measures to enable the central authority on labour inspection to publish and communicate to the ILO an annual labour inspection report, containing complete information on all the subjects listed in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129.

Labour Administration Convention, 1978 (No. 150)

Articles 4 of the Convention. Organization of the labour administration system. In response to its previous comments on the impact of the Labour Market Information System (LMIS) on the effective operation of the labour administration system, the Committee notes with interest the Government’s indication that the LMIS was rolled out in February 2023 throughout the country. In addition, to assist with the smooth operation of the LMIS, appropriate equipment was procured, including computers (60), printers (60), tablets (59), and internet routers (55), which have been distributed to MLSS offices. Modules on labour inspection and child labour are currently on the system, and there are plans to add a module on occupational safety and health. The Committee notes the Government’s indication that the impact of the LMIS on the effective operation of labour administration has yet to be assessed. The Committee therefore requests the Government to provide information on the impact of the LMIS on the effective operation of the labour administration system in practice, in accordance with Article 4 of the Convention.

Article 7. Extension of the system of labour administration to cover workers who are not, in law, employed persons. The Committee notes with interest the information provided by the Government on the steps taken to extend the labour administration system to the informal economy, including: (i) the adoption of the National Health Insurance Act No. 2 of 2018 that allowed for own-account workers to be able to register with the National Health Insurance Scheme. Registration began in 2020 and, since then, over 1,019,127 workers in the informal sector have been enrolled; and (ii) changes to pension-related legislation made in 2019 to allow for own-account workers to enrol in a sub-scheme of the main National Pension Scheme. Noting the improvements made, the Committee requests the Government to continue to provide information on steps taken to extend the functions of the labour administration system to workers who are not, in law, employed persons, in accordance with Article 7.

Article 10. Material resources and staff of the labour administration system. The Government indicates that it has continued to make efforts to increase labour administration funding, the number of officers, material means and financial resources. The Government further indicates that it intends to procure more motor vehicles that will be used throughout the district offices to further strengthen the enforcement of the labour laws. Noting the improvements made, the Committee requests the Government to pursue its efforts in this regard, and to continue to provide information on measures taken to ensure that the staff of the labour administration system have the status, material means and the financial resources necessary for the effective performance of their duties, in accordance with Article 10(2) of the Convention.