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

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Lesotho (Ratificación : 1966)

Legislative developments. The Committee notes the entry into force of the Labour Act of 2024, which repealed the Labour Code.

Article 3 of the Convention. Right of workers’ and employers’ organizations to organize their activities and formulate their programmes. In its previous observation, the Committee noted that section 198F of the Labour Code granted specific advantages (access to premises to meet representatives of the employer to recruit members, to hold a meeting of members and to perform any trade union functions in terms of a collective agreement) to trade unions representing more than 35 per cent of employees, and that section 198G(1) of the Labour Code provided that only members of registered trade unions representing more than 35 per cent of the employees in enterprises employing ten or more employees were entitled to elect workplace union representatives. The Committee encouraged the Government to include in its revision of the Labour Code the consideration of measures to amend these provisions to ensure that workers’ free choice of organization was not unduly influenced by such privileges. The Committee notes with satisfaction that the above-mentioned provisions were deleted, and that the above-mentioned rights are now granted to all trade unions (sections 114, 116 and 117 of the new Labour Act). The Committee notes, however, that section 115 of the Labour Act grants check-off facility only to a trade union which represents more than 35 per cent of the employer’s workers. The Committee considers that workers should have the possibility of opting for deductions from their wages under the check-off system to be paid to trade union organizations of their choice, even if they are not the most representative. The Committee requests the Government to take all necessary measures to ensure that the Labour Act is amended accordingly and to provide information on all steps taken to that end.

Articles 2, 3 and 5. Public officers’ associations. The Committee previously noted that section 14(1)(b), (c) and (d) of the Societies Act required registered societies to supply to the Registrar-General, upon his or her order at any time, a list of office bearers and members of the society, the number and place of meetings held within the preceding six months, and such accounts, returns and other information as he or she thinks fit. The Committee expected that the review of the Public Service Act would be conducted in the near future and would ensure that organizations of public officers were exempted from the application of the above provisions and that their supervision was limited to the obligation of submitting periodic financial reports or where there were serious grounds for believing that the actions of an organization were contrary to its rules or the law. The Committee notes the Government’s indication that the new Labour Act applies to public officers and its section 221 has the effect of exempting organizations of public officers from the application of the above-mentioned provisions of the Societies Act. The Committee notes with interest that by virtue of its section 3(1), the Labour Act applies to any employment relationship in the private and public services.

The Committee also requested the Government to provide information on the specific measures taken, within the framework of the labour law reform, to ensure that public officers were allowed to establish and join federations and confederations and to affiliate with international organizations. The Committee welcomes the Government’s indication that, under the new Labour Act, public officers are no longer prohibited from establishing and joining federations and confederations and affiliating with international organizations. In this regard, the Committee observes with interest that sections 81 and 82 of the new Labour Act provide for these rights.

Penalties or imprisonment for trade union representatives upon failure to provide information required by the Registrar. The Committee notes with concern, however, that failure by an applicant for registration to comply with a request for further information from the Registrar constitutes an offence and is punishable by a fine and/or by imprisonment (section 75(8) of the Labour Act). Also punishable by a fine or imprisonment are: failure by a chairperson of a registered trade union or an employers’ organization to notify an affiliation or establishment of a branch within three months (section 78); failure by an officer of a trade union or employers’ organization to notify a location and postal address of a registered office, as well as the change thereof (section 90); and failure by the secretary and treasurer to supply annual returns or accounts (sections 94(4) and 98). Considering that sanctioning by imprisonment a failure to provide information within the specified time constitutes a serious infringement of the right of workers and employers to organize and of the right of such organizations to organize their administration, the Committee requests the Government to take necessary measures to amend the Labour Act so as to eliminate such penalties and to provide information on all steps taken to that end.

Financial autonomy. Books of account. The Committee observes that sections 73(e) and 95(b) of the Labour Act concerning the inspection of the accounts of workers’ and employers’ organizations, as well as section 97 concerning the power to require a detailed written account of their funds “at any reasonable time where suspicion (or reasonable suspicion) of fraud exists” are drafted in a way that may not exclude a broad power of the Registrar to inspect the activities of trade unions. The Committee recalls that the supervision of the financial management of organizations should not go beyond the obligation to submit annual financial reports, and that the verification of accounts should only be carried out if there are serious grounds for believing that the actions of the organization are contrary to its rules or the law, or if a significant number of members file a complaint (see the 2012 General Survey on the fundamental Conventions, paragraph 109). The Committee requests the Government to take the necessary measures to amend the Labour Act to ensure that administrative authorities are only allowed to control and inspect the financial management of organizations in cases in which serious grounds of unlawful activity or the initiative of a significant number of members warrant such an intervention. The Committee requests the Government to provide information on all steps taken to that end.

Right to elect trade union representatives in full freedom. The Committee notes that although, according to the national Constitution, the age of majority is 18 years, section 87(2) of the Labour Act provides that a person may not be a member of the executive committee or trustee of a trade union or employer’s organization until he or she attains the age of 21 years. The Committee further notes that the Labour Act stipulates that: (i) no person shall hold the post of secretary or treasurer of a trade union, employers’ organization or bargaining council if, in the opinion of the Registrar, he has not attained a standard of literacy sufficiently high for the effective performance of his duties (section 88(1)); and (ii) no person shall be an officer of a trade union, employer’s organization or bargaining council if, within five years or less of his appointment to the post, he has been convicted of a crime involving fraud or dishonesty (section 88(2)). In this regard, the Committee recalls that it considers to be incompatible with the Convention the requirements that candidates for trade union office should have reached the age of majority, or be able to read and write (see the 2012 General Survey on the fundamental Conventions, paragraph 104). It also recalls that conviction for an act the nature of which is not such as to call into question the integrity of the person concerned and is not such as to be prejudicial to the performance of trade union duties should not constitute grounds for disqualification from trade union office (see the 2012 General Survey on the fundamental Conventions, paragraph 106). The Committee requests the Government to take the necessary measures to amend the above-mentioned provisions so as to fully guarantee the right of workers’ and employers’ organizations to freely elect their representatives.

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