Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Malawi

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1965)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 1971)

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 of Convention No. 81 and Article 6 of Convention No. 129. Functions of labour inspectors. Following its previous comments, the Committee takes note of the Government’s indication in its report that it has reviewed the labour inspection form and that the reviewed form has included issues which were inadequately or not captured at all in the previous form, including disability, HIV and AIDS, labour migration, violence and harassment, pregnant and breastfeeding women, workers’ compensation, and paternity leave. In this respect, the Committee also refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) in which it requested the Government to increase the capacity of labour inspectors to prevent, identify and address cases of discrimination in employment and occupation, including sexual harassment, and to provide information on the number of cases of sexual harassment in the public and private sectors detected by labour inspectors. The Committee reiterates its request that the Government provide a copy of the inspection form once it has been adopted and indicate how it is used in practice.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Structure of labour inspection system. Central authority entrusted with control and supervisory powers. In its previous comments the Committee noted the Government’s indication that the Ministry of Labour has embarked on a comprehensive functional review of its structure which will aim to establish a stand-alone labour inspectorate department. In this respect, the Committee notes the Government’s indication that the functional review report is now awaiting approval by the authorities before implementation can commence. The Committee requests the Government to provide information on the results of the functional review of the Ministry, including on the envisaged new structure of the labour inspection system and the way it is ensured that a central authority is entrusted with control and supervisory powers in the labour inspection system.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service. In reply to Committee’s previous request, the Government indicates that labour officers/inspectors, who are governed by Malawi Public Service Regulations, receive the same salaries as those of other civil servants at the same grade and that there are no benefits specifically accorded to the labour inspectors by virtue of their position as labour inspectors. Regarding career prospects, the Government indicates that promotions take place within the Ministry of Labour when openings arise in the relevant structures as this is a specialized profession that only exists in the Ministry of Labour. With reference to the issue raised in the observation under Convention No. 129, the Committee requests the Government to provide further information on the conditions of service of labour inspectors, particularly related to remuneration (pay, subsistence allowances, and protection of staff) and career prospects and indicate how it ensures that these conditions are sufficiently appealing to attract and retain qualified and motivated persons.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Recruitment, qualifications and training of labour inspectors. The Government reiterates the information previously provided regarding the training delivered to newly recruited labour inspectors, including by the Africa Regional Labour Administration Centre, and further indicates that labour inspectors also received training at the International Training Centre of the International Labour Organisation (ITCILO) for the general inspection at different workplaces. With regards to provision of training for labour inspectors in the agricultural sector in particular, the Committee notes that the Ministry of Labour has signed a Memorandum of Understanding with a development partner association, which aims to reinforce the monitoring of child labour in the tobacco sector, including through the provision of relevant training to labour inspectors. The Committee once again requests the Government to provide information on the provision of adequate training for labour inspectors for the performance of their duties in the agricultural sector.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Adequate human and material resources. In its previous comments, the Committee noted that there were 77 labour inspectors (27 of them are women), spread throughout the country including at district level, and ten OSH inspectors (of whom only one woman) with no OSH inspector at district level. In reply to the Committee’s previous request, the Government indicates that it is making all efforts to increase the number of officers through recruitment, taking into account gender considerations. The Government indicates that it has recruited eight labour officers/inspectors (two of whom are women) and is also planning to recruit six OSH officers. With regards to material resources, the Government indicates that it is engaging partners who provide support to complement the Government efforts in the area of inspection by providing financial and material resources. In this respect, the Committee notes that the Ministry of Labour acquired 22 new motorcycles, eight vehicles and 20 tablets for data collection through donation by partners that have been distributed to field offices to ease mobility challenges of the officers. The Government indicates that a good number of District Labour Offices have motorcycles as a means of transport. In terms of IT equipment, the Government indicates that every field office has at least a computer or a laptop and tablet for day to day use and provides detailed information on the IT equipment that was acquired through the Zantchito Skills for Jobs programme. The Committee requests the Government to continue to provide detailed information on the number of OSH and labour inspectors, disaggregated by gender. It once again requests the Government to provide specific information on the number of inspectors assigned to the agricultural sector. Noting that the number of OSH inspectors has not increased, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the labour inspection services have sufficient human resources necessary for their operation, including measures taken to increase the number of OSH inspectors. With reference to its observation under Convention No. 129, the Committee requests the Government to continue to provide detailed information with regard to material resources allocated to the labour inspectorate (including its budget, IT equipment, vehicles available, etc.) and to indicate the measures taken or envisaged to ensure that the labour inspection services have sufficient material resources for their operation.

In addition, the Committee recalls the pending comment regarding the Labour Administration Convention, 1978 (No. 150), adopted by the Committee in 2023, for which the Government will be requested to reply in 2027 in accordance with the reporting cycle.