Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Labour Administration Convention, 1978 (No. 150) - Malawi (Ratification: 1999)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 4, 5 and 6 of the Convention. Organization, functioning of the labour administration system and preparation of a national labour policy. 1. Organization and functioning of the labour administration system. The Committee recalls that the Government has specified the bodies exercising competence in the area of labour administration in its report in 2005, but that it has never, despite the reiterated requests of the Committee, provided any information on their activities or copies of any texts governing their functions and operation. The Committee notes that the Government reiterates that monitoring of each field office of the Ministry of Labour is conducted through reports for the purpose of ensuring the effective operation and coordination of the labour administration system. It also notes, from the information provided under the Labour Inspection Convention, 1947 (No. 81), the plans for a functional review of the Ministry of Labour. The Committee requests the Government to provide information on the measures taken or envisaged with a view to the functional review of the Ministry of Labour. Please supply an organizational chart of the labour administration system, describe the functions of each of the bodies of which it is composed and supply details of the manner in which the tasks and responsibilities assigned to the administration system are coordinated (including copies of the reports referred to by the Government for the purpose of ensuring the effective operation and coordination of the labour inspection system). The Committee once again asks the Government to provide copies of any texts in force concerning the functions and operation of the national bodies exercising competence in the area of labour administration.

2. National labour and employment policy. The Committee notes that a draft national employment and labour policy has been formulated and a tripartite meeting will be organized for its approval. The Committee asks the Government to provide information on the progress made on the adoption of the national employment and labour policy, and to provide a copy, once it has been adopted.

Article 3. Activities regulated through direct negotiations between the social partners. The Committee notes that the Government has not attached a copy of the collective agreement referred to in its report. Referring to its repeated requests in this regard, the Committee once again requests the Government to provide a copy of one or more of the collective labour agreements concluded by the social partners under this provision.

Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee previously noted the Government’s statement that every year, the Ministry of Labour, in consultation with the social partners, organizes three regional meetings on social dialogue and one at national level. It notes, however, that a copy of the communiqué of the 2011 National Tripartite Social Dialogue Forum has, against the indications of the Government, not been attached to the Committee’s report. The Committee once again asks the Government to provide copies of any reports or extracts thereof on the work of the national, regional and district-level tripartite consultation bodies.

Article 7. Extension of the functions of the system of labour administration to categories of workers who are not, in law, considered to be employed persons. The Committee previously noted the information sent by the Government to the effect that the labour legislation can also be applied in the informal economy and that, as regards tenants, a bill is in preparation. Following consultation with the social partners, the Ministry of Justice is currently preparing the final draft bill to be considered by the Cabinet prior to submission to Parliament. The Committee once again asks the Government to indicate the conditions in which the abovementioned laws are applied in the informal economy and the categories of workers who are concerned and whom the law does not treat as employed persons. The Government is asked to continue to provide information on the progress made to extend the system of labour administration in the bill to workers whom the law does not consider to be employed persons, and to send a copy to the Office as soon as it is adopted.

Article 10. Human resources and material means necessary for the operation of the labour administration system. The Committee requests the Government to provide information on the number and geographical distribution of staff exercising functions in the area of labour administration and the training they are given in the course of employment (areas covered, frequency, duration, participation, etc.). It also asks the Government to describe the material means and financial resources currently available to labour administration staff for the performance of their duties.