Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Botswana

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 2022)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 2022)

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.

The Committee notes the Government’s first reports.

Article 2 of Convention No. 81 and Article 4 of Convention No. 129. Workplaces covered by the system of inspection. The Government indicates in its report that inspections on occupational safety and health (OSH) are governed by the Factories Act, while labour inspections fall under the Employment Act. In this respect, the Committee notes that the Factories Act applies to factories as defined in section 5 of the Act. The Committee requests the Government to provide information on how OSH conditions are inspected and enforced in non-manufacturing undertakings that fall outside the scope of the Factories Act.

Article 3 of Convention No. 81 and 6 of Convention No. 129. Functions of the labour inspection system. The Committee notes the information provided by the Government that the labour inspectorate can be entrusted with additional labour administration roles such as processing workers’ compensation claims, jobseeker registration and placement, processing of work permits, mediation of trade disputes and revenue collection. The Committee notes the Government’s indication that: (i) the Employment and Labour Relations Bill proposes an independent dispute resolution structure that will relieve labour inspectors from the dispute resolution function; and (ii) through rationalization of Government Ministry portfolios and state entities the Ministry has created a new portfolio for employment services that will be responsible for jobseekers registration including work permit processing. The Committee recalls that pursuant to Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129, the primary functions of the labour inspection system shall be to monitor and secure the enforcement of conditions of work and the protection of workers, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. While noting the ongoing changes in the distribution of labour administration tasks, the Committee requests the Government to provide information on the measures taken in order to ensure that the additional functions entrusted to labour inspectors do not interfere with their primary duties. It also requests the Government to indicate the proportion of time spent by labour inspectors in carrying out administrative functions compared to the time spent on performing their primary functions.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes that labour inspectors are government employees engaged on a permanent and pensionable basis, regulated by the Public Service Act. The Committee notes that section 13 of the Public Service Act provides that the appointment to the public service can also be on temporary or casual terms. In this regard, the Committee requests the Government to clarify whether any labour inspectors are currently appointed under terms other than permanent and pensionable.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors. The Committee notes the Government’s indication that labour inspectors are mostly offered on-the-job training, capacity-building through workshops and acquiring higher qualifications. The Committee requests the Government to continue to provide detailed information on the initial and continuous training provided to labour inspectors, and to include information on training provided to labour inspectors in relation to agriculture.

Articles 10, 11 and 16 of Convention No. 81 and 14, 15 and 21 of Convention No. 129. Human and material resources. The Committee notes the Government’s indication that transport has been made available for labour administration staff and is accessible to labour inspectors and that inspectors are reimbursed the travelling costs incurred in the performance of their duties. With reference to agricultural inspections, the Committee notes the Government’s indication that labour inspectors do not have material resources allocated specifically for this purpose but instead share resources with the broader Department of Labour and Social Security. The Committee further notes the indication in the annual report of the Department of Labour and Social Security for 2023, that challenges such as a shortage of inspection officers, insufficient transportation resources, and limited funds act as significant barriers, particularly impacting the ability to conduct regular labour inspections in remote areas. The report also indicates that these constraints create difficulties in maintaining a consistent inspection schedule. The Committee requests the Government to provide detailed information on the measures taken in order to address the challenges indicated in the report of the Department of Labour and Social Security and to ensure that the inspectorate has adequate human, material and financial resources at its disposal. The Committee also requests the Government to provide information on the measures taken in order to ensure that workplaces are inspected as often and as thoroughly as it is necessary to ensure the effective application of legal provisions.

Article 12 of Convention No. 81 and Article 16 of Convention No. 129. Free access of labour inspectors to workplaces. The Committee notes that the Employment Act (section 11) and the Labour Relations Bill (section 35(2)) provide that inspectors can enter workplaces “at any reasonable time”. With reference to Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, the Committee requests the Government to provide information on the application in practice of section 11 of the Employment Act, and to indicate whether labour inspectors are empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee also requests the Government to provide information on the number of inspection visits conducted, including separately the number of announced and unannounced inspection visits.

Article 13 of Convention No. 81 and Article 18 of Convention No. 129. Measures with immediate executory force. The Committee notes that section 11(5)(d) of the Factories Act provides that OSH inspectors can issue suspension orders in cases where they consider that any land, building, camp, vehicle, place, structure or article is insanitary or in such conditions as to be dangerous to health or unfit for occupation or use. In these cases, the inspectors can order that the use or occupation to be discontinued until the requirements for repair or reconstruction have been fulfilled. The Committee further notes that according to section 11(6) of the Factories Act, inspectors may prohibit the employment of workers where they consider that the conditions of work at the establishment do not comply with the Act. The Committee requests the Government to provide information on the application in practice of section 11(5)(d) and (6), and to indicate the number of remedial orders and orders with immediate executory force issued by labour inspectors, in accordance with Article 13 of Convention No. 81 and Article 18 of Convention No. 129.

Articles 17 and 18 of Convention No. 81 and Articles 22 and 23 of Convention No. 129. Legal proceedings and penalties. The Committee notes the Government’s reference to section 151 of the Employment Act, which contains provisions on penalties for labour law violations. The Committee requests the Government to provide information on the number of violations detected by labour inspectors and penalties imposed, including the number of warnings and fines issued.

Article 21 of Convention No. 81 and Article 27 of Convention No. 129. Annual report on labour inspection activities. The Committee notes that the annual report of the Department of Labour and Social Security includes information on labour inspection, such as on the number of inspections conducted and the type of violations identified. The Committee also notes the information provided by the Government on the number of labour inspectors. The Committee requests the Government to provide information on the measures adopted in order to ensure that the annual labour inspection report contains all the information requested by Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Articles 19(2) of Convention No. 129. Association of labour inspectors with any inquiry on the spot. The Committee notes that sections 57 and 58 of the Factories Act provide for the obligation to notify industrial accidents and diseases to the labour inspectorate. The Committee requests the Government to provide information on measures taken to ensure that labour inspectors in agriculture are associated with any inquiry on the spot, in accordance with Article 19(2) of the Convention.