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

Convention (n° 81) sur l'inspection du travail, 1947 - Mozambique (Ratification: 1977)

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. 1. Role of labour inspectors in monitoring the working conditions of migrant workers found in an irregular situation. The Committee notes the information provided by the Government that the Labour Inspectorate (IGT) is solely tasked with the functions outlined in section 4 of the Organizational Statute of the Labour Inspectorate (Decree No. 19/2015 of 28 August) and section 4 of the Labour Inspectorate Regulations (Decree No. 45/2009 of 14 August), without any additional tasks that could compromise its impartiality or affect its relationships with employers and workers. The Committee notes that: (i) these sections establish that labour inspectors shall control the obligations regarding the employment of foreign workers; (ii) according to the 2023 annual labour inspection report, 169 foreign workers were found to be working illegally in the country and were consequently suspended from their activities; and (iii) according to the report, fines were issued to the employers. The Committee recalls that insofar as the function of verifying the legality of employment is carried out, it should have as its outcome the reinstatement of the statutory rights of all the workers concerned if it is to be compatible with the objective of labour inspection. This objective can only be met if the workers covered are convinced that the primary task of the inspectorate is to enforce the legal provisions relating to conditions of work and the protection of workers. Workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country (see the 2017 General Survey on occupational safety and health, paragraph 452). The Committee requests the Government to take the necessary measures in order to ensure thatthe functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as set forth in Article 3(1) of Convention No. 81. It also requests the Government to provide information on how many foreign workers identified by the labour inspectorate as working illegally were granted their statutory rights, such as the payment of outstanding wages and social security credits. The Committee also requests the Government to indicate any other actions undertaken by labour inspectors with respect to those foreign workers, in particular if they are reported to the immigration authorities.

2. Role of labour inspections relating to the exercise of trade union rights. Further to its previous comments concerning tasks related to trade unions and employers’ organizations, the Committee notes the Government’s indication that the new Labour Act (Act No. 13/2023) guarantees that workers and employers, without any form of discrimination or need for prior authorization, have the right to freely associate and become members of organizations aimed at promoting and protecting the rights and interests of workers and employers. The Government also indicates that public authorities, including the IGT, are prohibited from any form of interference that could limit the exercise of trade union rights or hinder their lawful practice. Noting that section 4(5)(a) and (b) of Decree No. 45/2009 granting the IGT the responsibility of registering trade unions and verifying the legality of their by-laws remain in force, the Committee once again requests the Government to take the necessary measures to ensure that labour inspectors are relieved from any tasks which might be perceived as interfering in the activity of trade unions’ and employers’ organizations and therefore be prejudicial to the authority and impartiality necessary to inspectors in their relations with employers and workers.

3. Role of labour inspectors in conciliating and mediating labour disputes. The Committee notes the information provided by the Government that, under section 150(d) of the new Labour Act, trade unions and employers’ organizations are required to cooperate with the IGT in monitoring the implementation of the labour laws and collective labour regulatory instruments. It also notes that section 189 of the Act stipulates that disputes arising from labour regulations may be submitted for labour conciliation and mediation before being referred to arbitration or the labour courts. The Committee requests the Government to clarify whether the conciliation process outlined in section 189 of the new Labour Act is carried out by the Labour Inspectorate. Additionally, it once again requests the Government to take the necessary measures, in law and in practice, to ensure that conciliation functions entrusted to labour inspectors do not interfere with the effective discharge of their primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee further requests the Government to indicate the number of individual and collective disputes addressed by the labour inspectorate.

Articles 10, 11 and 16. Human resources and material means, including transport facilities. Coverage of workplaces by labour inspections. With regard to the current state of labour inspection services in terms of available human resources and material support, the Committee notes the Government’s indication that the IGT: (i) currently employs 123 labour inspectors; (ii) operates without its own premises, sharing a building with the Ministry of Labour and Social Security; and (iii) has a total of 33 vehicles distributed nationwide. In this respect, the Committee notes with concern that the current number of labour inspectors is lower than the 135 reported in 2013. Regarding the reimbursement of expenses to inspectors, the Committee notes the Government’s reference to Decree No. 95/2018 of 31 December, which establishes the rules and criteria for the allocation of daily and travel allowances for duty missions undertaken by State officials and agents. However, the Committee notes that this decree only covers reimbursement for travel on official missions, which are defined as those lasting at least eight hours and occurring beyond 40 kilometres from the employee’s workplace, not covering expenses incurred by labour inspectors when using their own vehicles within their regular workplace. The Committee requests the Government to adopt measures to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate and to allow workplaces to be inspected as often and as thoroughly as necessary to ensure the effective application of legal provisions. It also requests the Government to provide information about further measures adopted to ensure that labour inspectors are reimbursed of any incidental expenses which may be necessary for the performance of their duties.

Articles 14, 20 and 21. Publication and communication of an annual report on labour inspection. The Committee notes with interest the Government’s submission of the annual labour inspection report, which provides information on the laws and regulations relevant to the work of the inspection service, the number of staff of the labour inspectorate, statistics of inspection visits, violations, penalties imposed and industrial accidents. However, the Committee notes that the report does not include statistics on the number of workplaces liable to inspection and the number of workers employed therein, and that the report indicates that no cases of occupational diseases were identified during the inspections. The Committee requests the Government to continue its efforts to ensure that annual labour inspection reports are prepared, published and transmitted to the ILO, in accordance with Article 20 of the Convention, and to ensure that such reports contain information on all the subjects listed under Article 21 of the Convention. In addition, the Committee requests the Government to provide information on the manner in which occupational diseases are notified to the labour inspectorate.

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