Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Labour Inspection Convention, 1947 (No. 81) - South Africa (Ratification: 2013)

Article 5(b) of the Convention. Effective collaboration between the labour inspection services and employers and workers or their organizations. The Committee notes the absence of information in the Government’s report in reply to its previous request. It notes, however, the information provided by the Government in its report under Safety and Health in Mines Convention, 1995 (No. 176) on measures taken to ensure that all mine undertakings collaborate with inspectors. The Committee requests the Government to take the necessary measures to ensure effective collaboration between the inspectorate and the social partners in all sectors of activities.

Articles 6 and 7. Status and conditions of service of labour inspectors. Capacity of labour inspectors. The Committee notes the absence of information in the Government’s report in reply to its previous request. Regarding the conditions of service of labour inspectors and their status, the Committee notes the information contained in the Department of Employment and Labour Annual Report 2022–23. According to the report, the turnover rate of labour inspectors for the period 1 April 2022 to 31 March 2023 was of 4.56 per cent, with 78 inspectors leaving due to reasons related to retirement, expiration of contract, dismissal, resignation or transfer out of the Department. For the same period, 55 inspectors were promoted to a higher salary range and 8 inspectors received performance rewards. Regarding training, the Committee notes that the Report refers to training of inspectors in the field of occupational safety and health and social security. It also notes that the budget allocated for training of the Inspection and Enforcement Service (IES) amounted to 6,151,000 South African rand (approximately US$337,000) for the period 2022–23 and to 6,919,000 rand for 2021–22 (approximately US$380,000). The Committee requests the Government to take the necessary measures to recruit and retain qualified labour inspectors. The Committee further requests the Government to provide specific information on the content, frequency and duration of the training provided to labour inspectors.

Articles 10, 11 and 16. Sufficient number of labour inspectors and adequate coverage of workplaces by labour inspection. Material conditions. In the absence of information in the Government’s report, the Committee notes the information provided in the Department of Employment and Labour Annual Reports for 2019–20, 2020–21 and 2022–23 on measures taken in terms of the budgetary and human resources allocated to the labour inspectorate. In particular, the Committee notes that the IES budget decreased from 650.9 million rand (approximately US$36 million) in 2021–22 to 617.3 million rand (approximately US$34 million) in 2022–23 and that, according to the 2021–22 Report of the Compensation Fund, this Fund took over the financing of the occupational health and safety inspectorate. This contributed to the employment of additional 186 inspectors, with a total force of 686 OSH inspectors. The Committee further notes that, according to the Department of Employment and Labour Annual Reports, the number of labour inspectors has increased from 1,278 for the period 2019–20 to 1,732 for 2022–23, with a vacancy rate of 6.88 per cent as of March 2023 (the number of sanctioned posts for 2022–23 was 1,860). It further notes that the number of inspections carried out increased from 227,990 in 2019–20 to 312,792 in 2022–23. The Committee requests the Government to take the necessary measures to ensure that the budget and human resources allocated to the labour inspectorate are sufficient for an effective discharge of the labour inspection duties. The Committee further requests the Government to provide disaggregated information on the number of labour and OSH inspectors and the number of OSH and labour inspections conducted.

Article 12(1)(a) and (b). Free access of labour inspectors to workplaces liable to inspection at any hour of the day or night. The Committee notes the absence of information in the Government’s report in reply to its previous comments regarding the restraint of “reasonable times” imposed on the powers of entry of inspectors under section 65(1) of the Basic Conditions Employment Act. Recalling that it should be for the inspector to decide whether the timing of a visit is reasonable, the Committee urges the Government to take the necessary measures to bring the national law and practice into conformity with the requirements set out in Article 12(1)(a) and (b) of the Convention.

Article 15(c). Obligation concerning the confidentiality of the source of a complaint and the fact that an inspection visit was made in consequence of a complaint. The Committee notes the absence of information in the Government’s report in reply to its previous comments. The Committee requests the Government to take the necessary measures to ensure the respect of the principle of confidentiality set forth in Article 15(c) of the Convention. The Committee also requests the Government to provide information on any progress made in this regard.

Articles 17 and 18. Effective enforcement of sufficiently dissuasive penalties. The Committee notes that, according to the Annual Report of the Department of Labour 2022–23, there is a constant trend of non-compliance with the Employment Equity Act (EEA), and that: (i) during the third quarter of the 2022–23 financial year, only 46 per cent of over 3,000 workplaces visited by labour inspectors were found to be compliant with the EEA; (ii) 238 workplaces were referred to court for failure to comply; and (iii) some workplaces are keen to pay fines rather than comply with the law. With reference to its observation under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee requests the Government to take the necessary measures to ensure that the legislation provides for effective mechanisms of enforcement and adequate and sufficiently dissuasive penalties.

The Committee is raising other matters in a request addressed directly to the Government.