Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Administration Convention, 1978 (No. 150) - Lesotho (Ratification: 2001)

The Committee notes the Government’s report received at the ILO on 8 October 2010.

Article 4 of the Convention. Organization of a system of labour administration. The Government indicates that, as part of a project to improve the labour administration system in southern Africa launched in Lesotho by the ILO in 2004, the principal labour legislation has been revised and the National Advisory Committee on Labour (NACOLA) is currently engaged in the last reading of the document before its submission to Parliament. In addition, transport facilities (motor cycles) were made available to labour inspectors in May 2010. Finally, the Ministry is considering the possibility of hiring a specialist to run a computer management system. However, despite the restructuring of the Ministry of Labour under a project launched in 2004, problems relating to the organization of the labour administration system persist. The Government refers in particular to those connected with the distribution of functions between the Labour Department and the Occupational Safety and Health Directorate. The Government indicates that it has therefore requested an ILO audit of its labour administration system in order to provide technical assistance to ensure that its functions are properly coordinated. The Committee requests the Government to continue to supply information on the measures taken in the context of ILO technical assistance relating to the organization and coordination of the labour administration system, and on the impact of the measures. It hopes that the draft revision of the labour legislation will be adopted shortly and requests the Government to keep the ILO informed of any progress made in this respect.

Article 5. Tripartite consultation. The Committee notes the information sent by the Government regarding the tripartite consultation bodies and their activities. The Committee requests the Government to send the ILO extracts of any reports submitted by NACOLA, the Wages Advisory Board, the Directorate of Dispute Prevention and Resolution (DDPR), etc., and indicate to what extent these bodies’ opinions are taken into consideration and the impact thereof.

Articles 5 and 6. Employment policy and tripartite consultation. The Government indicates that the national employment policy has not yet been adopted and that the Ministry of Labour and Employment consults other ministries, including the Ministry of Finance. It also indicates that it has decided to approach the ILO for technical assistance on this matter. The Committee requests the Government to keep the ILO informed of all progress made on the adoption and implementation of a national employment policy under the responsibility of the Ministry of Labour and to send all relevant texts. It also requests the Government to clarify whether NACOLA has been consulted on this subject and, if so, what was the result of the consultations.

Article 7. Gradual extension of the functions of the labour administration system. The Committee notes that the Government’s report does not contain any information on the application of this provision of the Convention. With reference to its previous comments, the Committee again requests the Government to send the ILO information on the measures taken to ensure that the informal sector referred to in the Government’s first report is analysed so that the authorities can formulate a policy to extend the scope of labour standards to this sector. It requests the Government to report on any other measure taken or contemplated with a view to extending the functions of the labour administration system to workers such as those specified in Article 7(a) and (d) of the Convention who are not, in law, employed persons.

Article 10. Staff and material resources of the labour administration system. The Committee notes that, according to the Government, certain labour administration posts are filled on the basis of temporary contracts or are not filled at all owing to the fact that conditions of work in the public sector are unattractive, training is poorly organized and structured, transport is inadequate and the Ministry operates on the basis of the resources allocated by the Ministry of Finance. It also notes the Government’s indication that the procedure for recruitment to the public service comprises an initial selection of the candidates by the ministries concerned and interviews held by the Public Service Commission. Finally, it notes the information supplied by the Government on the existence of the “Better work” project funded by the United States Department of Labor with ILO technical assistance, in the context of which training of inspectors is also envisaged. The Committee recalls that, according to Article 10 of the Convention, staff of the labour administration system shall be composed of persons who are suitably qualified for the activities to which they are assigned, who have access to training necessary for such activities and who are independent of improper external influences, and shall also have the status, the material means and the financial resources necessary for the effective performance of their duties.

The Committee requests the Government to provide information on all measures taken or contemplated, including seeking to secure financial resources at national level and in the context of international cooperation, to ensure that the labour administration system has suitably qualified staff and adequate material resources to operate effectively and that labour administration staff have the status and conditions of work necessary for the effective performance of their duties.

The Committee also requests the Government to supply information on the impact of the “Better work” project on the labour administration. Recalling in particular that, in its comments under Convention No. 81, it expressed its concern at the inadequacies of the labour inspection system, the Committee would be grateful if the Government would send information on any training given to labour inspectors and other labour administration staff and the impact thereof.

Part IV of the report form. Application of the Convention in practice. The Committee again asks the Government to send the ILO extracts of any reports or other periodic information provided by the principal labour administration services, as referred to in Paragraph 20 of Recommendation No. 158 (for example, the Labour Department, the National Employment Service, the DDPR, the labour inspectorate, etc.), and also information on any practical difficulties encountered in the application of the Convention.