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

Labour Inspection Convention, 1947 (No. 81) - Lesotho (Ratification: 2001)

Articles 10, 11 and 16 of the Convention. Human resources and material means of the labour inspection services. Adequate number of labour inspections. The Committee notes that, according to the labour inspection report for 2023–24, from April 2023 to March 2024, the Labour Department employed 3 district labour officers (DLO), 20 labour inspectors, 6 occupational safety and health (OSH) inspectors and 3 labour officers. According to the same labour inspection report, the labour inspectorate continued to face major challenges, mainly due to limited resources and capacity constraints, including a lack of modern inspection tools and data management, that influenced its performance and resulted in inadequate coverage of labour inspections, particularly in remote and rural areas. In the labour inspection report, it is further indicated that in order to address the challenges faced by the labour inspection system, the inspectorate has continued to implement the ILO Strategic Compliance Planning (SCP) model. Furthermore, the Committee notes the Government’s indication in its report that it is in the process of developing a five-year strategic plan meant to provide strategic direction for the Ministry of Labour and Employment that will influence the allocation of financial resources necessary to improve the functioning of the labour inspection system. The Committee takes note of the detailed information included in the labour inspection reports for 2022–23 and 2023–24 on the number and type of inspections conducted from April 2022 to March 2024 noting that, according to these reports, the target with regard to labour inspections was not reached due to resources constraints. In this respect, the Committee notes that 547 proactive labour inspections were conducted from April 2023 to March 2024 against the set target of 2,140 labour inspections. Noting the persisting challenges faced by the labour inspection system mainly due to financial and human resource constraints, the Committee once again urges the Government to take concrete measures to allocate the resources necessary to meet the most urgent priorities for the improved functioning of the labour inspection system and to provide information on any progress made in this regard, including in relation to the adoption of the envisaged five-year strategic plan and in the context of the implementation of SCP models. The Committee requests the Government to continue to provide information on the number of labour and OSH inspectors, the number of sanctioned posts, and any recruitment of new inspectors. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the labour inspectorate in accordance with Article 10. The Committee requests the Government to continue to provide information on the number of inspections conducted, disaggregated by type.

Articles 6, 7(1) and (2). Recruitment and conditions of service of labour inspectors. The Committee notes that the Government did not provide information in reply to the previous comment. The Committee notes that the labour inspection reports for 2022–23 and 2023–24 reiterate the information previously provided by the Government regarding the salary grades of DLOs and other labour and OSH inspectors and refer once again to the persisting challenges of low staff morale and corrupt activities of labour inspectors. The Committee requests the Government to adopt the necessary measures to ensure that the inspection staff is composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. Given the absence of new information,the Committee once again requests the Government to indicate the specific criteria and methods for selecting candidates for the profession and to indicate if the compulsory placement of labour inspectors still takes place. It also once again requests the Government to provide information on the conditions of service of labour inspectors and, in particular, detailed information on wages and career prospects as compared to other types of public officials performing similar duties (for example, tax inspectors and the police). The Committee once again requests the Government to indicate any measures adopted in order to address the challenges identified, including with specific reference to the corrupt activities of labour inspectors.

Articles 14, 20 and 21. Preparation, publication and transmission of an annual report on the work of the inspection services. Notification of occupational accidents and diseases to the labour inspection services. The Committee notes with interest that the Government has communicated the labour inspection reports for 2022–23 (April 2022 to March 2023) and 2023–24 (April 2023 to March 2024), in accordance with Article 20, containing information on some of the subjects required under Article 21 of the Convention. While both reports include information on staff of the labour inspection service and statistics on inspection visits, only the labour inspection report for 2022–23 includes statistics of violations and penalties imposed, as well as statistics on industrial accidents. The Committee notes that none of the labour inspection reports includes information on statistics of workplaces liable to inspection, the number of workers employed therein, nor statistics on occupational diseases. The Committee notes that both labour inspection reports refer to the persisting issue of an inadequate reporting system on occupational accidents and to the limited number of occupational health practitioners to determine the link between exposure and occupational diseases. The Committee requests the Government to continue to regularly publish and communicate to the ILO the annual labour inspection reports that contain information on all subjects listed in Article 21 of Convention No. 81, including on statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of violations and penalties imposed (Article 21(e)); statistics of industrial accidents (Article 21(f)); and statistics on occupational diseases (Article 21(g)). Noting the persisting challenges regarding the reporting of occupational accidents and the lack of information with regards to occupational diseases, the Committee requests the Government to provide information on any measures taken or envisaged to improve the notification of industrial accidents and cases of occupational diseases to the labour inspectorate, in accordance with Article 14 of Convention No. 81.

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