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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Lesotho (Ratification: 1966)

Legislative developments. The Committee notes the entry into force of the Labour Act of 2024 (hereinafter the 2024 Act), on 2 April 2024. The Committee notes in particular with interest sections 5(b) and (c) of the Act, which specifically provide that all the provisions of the 2024 Act must be implemented in a manner consistent with the International Labour Conventions to which Lesotho is a party, and that any ambiguity in the interpretation of a provision of the 2024 Act must be interpreted in a manner consistent with the ILO Conventions and Recommendations.

Article 1 of the Convention. Accessibility of remedies in cases of anti-union discrimination. The Committee notes that sections 140 and 205 of the 2024 Act expressly provide for mechanisms prohibiting anti-union discrimination and recognizing that such discrimination amounts to an unfair labour practice. However, the Committee notes that section 142 of the Act appears to prohibit temporary workers from lodging a complaint for unfair dismissal when such dismissal occurs on trade union grounds (section 142(2) excluding temporary workers from the application of section 140). In the same vein, the Committee also notes that section 144(5) of the 2024 Act, which establishes the criteria to be taken into consideration in determining the compensation to be paid in the event of unfair dismissal, does not take into account the violation of trade union rights. In this respect the Committee highlights that the compensation for anti-union dismissal should be higher than that prescribed for other types of unfair dismissal with a view to the effective dissuasion of this type of dismissal. The Committee therefore requests the Government to: (i) confirm that a temporary worker who is dismissed for exercising their trade union rights may challenge the legality of this dismissal under the provisions of the 2024 Act; and (ii) take the necessary measures, including of a legislative nature, to ensure that the compensation to be paid in case of anti-union dismissal is of a dissuasive nature.

Article 3.Accessibility and promptness of procedures to ensure respect for the right to organize and collective bargaining. The Committee notes with interest the numerous institutions established by the 2024 Act whose competence is to promote and protect the right to organize and collective bargaining, including the National Advisory Committee on Labour (sections 11–18); the Industrial Relations Council (sections 26–33); the Directorate of Dispute Prevention and Resolution (DDPR) (sections 34–46); the Labour Court (sections 47–58); the Labour Appeal Court (sections 59–62); the Labour Commissioner (sections 63–64); and the Labour Inspectors (sections 65–69). Recalling that the effectiveness of these mechanisms depends on several factors, including the accessibility and promptness of procedures, the Committee requests the Government to provide statistics concerning the number of cases handled by these bodies and the time elapsed between the start of the process and a decision rendered on the merits.

Article 4.Promotion of collective bargaining. Recognition of the most representative union. In its previous comments, the Committee had requested the Government to take the necessary measures to ensure that, when no union reaches the required majority to be designated as the collective bargaining agent, minority unions have the possibility to bargain collectively, jointly or separately. The Committee notes that the Government indicates that section 112(3) of the 2024 Act allows trade unions recognized by the employer to bargain collectively even if they do not reach the threshold required to be considered a representative trade union (more than 50 per cent of the workers in an enterprise). The Committee notes, however, that no criteria are established for a minority union to obtain “recognition” from the employer or not. The Committee therefore requests the Government to take, after consulting with the representative employers’ and workers’ organizations, the necessary measures to amend section 112 of the 2024 Act so as to ensure that, when no union represents at least 50 per cent of the workers in an enterprise, minority unions may enjoy the right to bargain collectively with the employer, jointly or separately, at least on behalf of their own members.

Representativeness requirements for certification of a union as the exclusive bargaining agent. In its last comments, the Committee expressed its expectations that the labour law reform and its accompanying regulations would ensure that a vote by secret ballot was to be held for the determination of disputes regarding trade union representativity. The Committee regrets to note that section 113 of the 2024 Act still gives broad discretionary powers to the DDPR to determine which union is the most representative instead than relying on the results of a secret ballot held among workers. Therefore, the Committee requests the Government to amend section 113 of the 2024 Act so as to ensure that a vote by secret ballot will be held for the determination of disputes regarding trade union representativity. The Committee requests the Government to provide any relevant information in this regard.

With respect to its request to ensure that the revised labour legislation would allow new organizations, or organizations failing to secure a sufficiently large number of votes, to ask for a new election after a reasonable period has elapsed since the previous election, the Committee notes the indication of the Government to the effect that no regulations were adopted in that sense, but that they were to be developed. The Committee requests once again the Government to take all the necessary measures to ensure that the abovementioned regulations are adopted in a near future.

Collective bargaining in the education sector. In its last comments, the Committee requested the Government to take, within the context of the labour law reform, the necessary measures to ensure that the right of teachers to bargain collectively is explicitly recognized in the legislation. The Committee notes with interest the indication of the Government that section 3(1) of the 2024 Act now covers all workers in the country, both in the public and private sectors, which includes teachers. Expecting that this change in the legislation will induce collective bargaining of unions representing teachers in the near future, the Committee requests the Government to provide information on any collective bargaining agreements reached with teachers in the public and private sectors.

Collective bargaining in practice. The Committee notes with concern the indication of the Government that there are no collective agreements in force in the country. Highlighting that the absence of collective agreement may be related to the restrictive representativeness criteria to engage in collective bargaining examined above, the Committee requests the Government to provide information about its plan to promote collective bargaining, both in law and in practice, so as to ensure that collective bargaining takes place in practice. The Committee also requests the Government to continue to provide information on any collective agreement signed, indicating the sectors concerned as well as the number of workers covered.

Article 5.Trade union rights of members of the correctional service. The Committee notes that section 3(2) of the 2024 Act excludes from its scope the members of the Lesotho Correctional Services. The Committee recalls that, while members of the armed forces and police and officials engaged in the administration of the State may be excluded from the scope of application of the Convention, all other categories of workers, including prison officers, must be able to enjoy the rights recognized by the Convention. The Committee requests the Government to specify which legislative instruments recognize to the members of the Lesotho Correctional Service the rights guaranteed by the Convention, in particular the right to collective bargaining.