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

Zimbabwe

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1993)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1993)

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

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Role of labour inspectors in labour disputes. In response to its previous request, the Committee notes the information provided by the Government acknowledging the importance of separating the functions of inspection from those of mediation and conciliation; nevertheless, it reports that fiscal constraints persist, leading labour inspectors to perform conciliation and mediation duties. According to the Government, there’s an administrative division of functions, with the new labour officers assigned to labour inspections, while more experienced officers handle dispute resolution. The Government also reports that it has approved an increase in the number of labour officers from 120 to 140 in 2023. The Committee requests the Government to continue 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. It also requests the Government to provide detailed information on the progress made in the recruitment and employment of new labour officers.

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. In response to its previous request for information about the cooperation between the labour inspection services and the judiciary, the Committee notes the information provided by the Government that the Judiciary Services Commission (JSC) has facilitated the training of labour inspectors in the use of the electronic case management system, which should expedite the processing of contraventions reported by labour inspectors, as well as gave presentations to labour officers and DAs on the filing of cases submitted to the judiciary, to ensure the effectiveness of legal procedures. It further notes the Government’s indications that in 2020 a total of 13 OSH violations were sent for prosecution, primarily linked to fatal accidents where employers were deemed responsible. Subsequently, in 2021 and 2022, a combined total of 36 OSH violations were forwarded for prosecution, predominantly involving fatal accidents in factories. 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 requests the Government to continue 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), as well as 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 information provided by the Government that the salaries of labour officers have been adjusted three times during 2023. The Committee notes this information, which addresses its previous request.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors. The Committee notes the Government’s indications, in response to its previous request about information on training for labour inspectors, that in 2021 and 2022 labour officers organized and participated in four capacity building workshops on Guidelines on general principles of labour inspection, and that OSH inspectors were trained on occupational hygiene assessments. The Committee also notes the information provided by the Government that the National Employment Council for the agriculture sector has organized several symposiums, workshops and discussion forums throughout the year for the training of DAs, but that the application of the current OSH regulation in the sector is limited to boilers, so the extension of coverage will be provided for in the new OSH Bill. The Committee requests the Government to continue to provide information on training provided to labour inspectors, including 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. The Committee notes the information provided by the Government that the Ministry of Public Service, Labour and Social Welfare has implemented a policy of integrated and joint inspections by labour officers, DAs and OSH inspectors, which optimizes the use of resources and has improved the coverage and frequency of inspections. The Government indicates that there was a total of 2,044 inspections in 2020, 2,919 in 2021 and 5,972 in 2022. With regard to OSH inspections, the Committee notes the Government’s indication that 3,167 workplaces were inspected in 2021, 6,986 in 2022 and 3,626 from January to June 2023. The Government also states that the social partners participated in the Ministry’s strategic planning meetings and raised issues of the financial capacity of the labour inspectorate, which led to an increase in the budget allocation for the Labour Administration Department. The Committee requests the Government to continue 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 material means at the disposal of the labour inspection services, especially with regard to transport facilities. 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. In reply to its previous requests, the Committee notes the information provided by the Government that 254 occupational accidents were reported to the labour inspectorate in 2021, 366 in 2022 and 202 between January and June 2023. However, it adds that no cases of occupational diseases were reported in the same period to the Chief Inspector of Factories, and that accidents are reported to the Workers Compensation System, according to the National Social Security Authority (Accident Prevention and Workers' Compensation Scheme) Notice, 1990 (S.I. 68 of 1990). The Committee requests the Government to indicate whether the cases of occupational diseases registered by the Workers Compensation System are also reported to the labour inspectorate or if there is any system for exchange of information between the social security institution and the labour inspectorate. It also requests the Government once again 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). Lastly, the Committee requests once again the Government to provide information on any provisions made under section 14(3) of the Factory Act related to the form and manner of notification of occupational accidents.

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 indication that, under the Factories and Works Act, inspectors are empowered to issue improvement notices requiring the employer to adopt the necessary improvements on OSH as a preventive measure and that the OSH Bill will address the issue by providing for appropriate penalties. 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 continue 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 the information provided by the Government that labour inspection reports are compiled on a monthly basis and that it undertakes to transmit the report to the Office in due course. The Committee requests the Government to continue to pursue its efforts to ensure that the labour inspection reports are published and contain all the information required in Article 21 of Convention No. 81 and Article 27 of Convention No. 129 of the Convention.It also requests the Government to ensure that the labour inspection report 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 reply to its previous comments, the Committee notes the information provided by the Government that the National Employment Council for the agriculture sector is intensifying inspections and have established new offices in eight provinces, with plans to extend the coverage to the remaining two provinces. 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. The Committee also requests the Government to provide information on the number of inspections carried out in the agriculture sector.

In addition, the Committee recalls the pending comment regarding the Labour Administration Convention, 1978 (No. 150), adopted by the Committee in 2020, for which the Government will be requested to reply in 2026 in accordance with the reporting cycle.