Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Zimbabwe

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1993)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (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.

Articles 3(1)(a) and (b), 4 and 6 of Convention No. 81 and Articles 6(1)(a) and (b), 7 and 8 of Convention No. 129. Functions assumed by designated agents. Further to its previous comments, the Committee notes the information provided by the Government that the Labour Administration Department is the central authority regarding all functions of the labour administration, including labour inspections, and that the process of recruitment of designated agents (DAs) is initiated by the employment councils, followed by their appointment and registry by the Registrar of the Labour Administration Department. Furthermore, the Government reports the adoption of the Labour Amendment Act No. 11 of 2023, which increases the supervisory role of the Labour Administration Department over the DAs. The Committee also notes that section 63 of the Labour Act was amended, expanding the authority of labour officers to address matters concerning dispute or unfair labour practice that were previously under the exclusive jurisdiction of DAs. The Government adds that the Labour Act as amended provides the minimum educational qualifications required for the appointment of a DA, who shall hold a university degree relevant to the industry, and that the employment councils are entrusted to guarantee training and updating of skills to its DAs. Training is also provided by the inclusion of DAs in programmes and symposia provided for labour officers by the Labour Administration Department. The Government also indicates that the National Employment Council (NEC) Agriculture DAs enjoy contracts without limits of time and subject only to termination as permitted by the Labour Act. The remuneration of the DAs takes into account the need to secure their functional independence. The Committee requests the Government to provide information on the number of labour inspections carried out by the DAs in their performance of labour inspection functions, as well as the number of violations detected and penalties imposed. The Committee requests the Government once again to provide further information on the status and conditions of service of DAs, performing labour inspection functions (Article 6 of Convention No. 81 and Article 8 of Convention No. 129), including their conditions of job security and levels of remuneration in comparison to job security and remuneration for other employees performing labour inspection functions. Lastly, the Committee requests the Government to indicate the status and conditions of service of DAs, other than those employed in the NEC Agriculture (type and duration of contract, conditions of dismissal, etc.).

Article 13 of Convention No. 81 and Article 18 of Convention No. 129. Preventive measures by labour inspectors with immediate executory force. In response to its previous comment, the Committee notes the information provided by the Government that the Factories and Works Act and accompanying regulations empower inspectors to make orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers in agricultural workplaces. The Committee notes that this is in contradiction with the previous information provided by the Government according to which the jurisdiction of inspectors under the Factories and Works Act is limited to factories and building works, leaving a gap with respect to non-factory environments, such as agriculture. The Government also reports that the draft of the OSH Bill was finalized and now awaits processing by the recently appointed new Government. The Committee requests the Government to provide examples of instances when labour inspectors have undertaken preventive measures with immediate executory force, including but not limited to issuing prohibition notices or ordering work stoppages, including the number and nature of such preventive measures adopted in the agricultural sector. Noting once again that the Government has been referring to the proposed or upcoming OSH Bill for a number of years, the Committee firmly expects that the Government will soon be in a position to provide specific information on the adoption of the Bill, including the scope of OSH coverage with respect to inspections and prosecutions.

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