Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Labour law review. The Committee notes the Government’s indications that the ILO provided technical assistance to members of the tripartite national task team in charge of the review of the national labour legislation. The Committee requests the Government to provide information on the progress made with the review of the national labour legislation, and supply a copy of the relevant legislative texts, once they have been adopted.

Articles 4 and 10 of the Convention. Organization, staff and material resources of the labour administration system. The Committee previously noted the Government’s reference to persisting problems relating to the organization of the labour administration system, in particular the distribution of functions between the Labour Department and the Occupational Safety and Health Directorate. It further noted the Government’s indication that certain labour administration posts are filled on the basis of temporary contracts or are not filled at all owing to unattractive working conditions in the public sector. The Government also referred to insufficient training, inadequate transport facilities and the dependence of the Ministry of Labour and Employment on the resources allocated to it by the Ministry of Finance.

The Committee notes that the Government has not provided a reply in relation to its previous request under the above Articles, or on the follow-up given to the previously announced plans to recruit a computer specialist to run an electronic labour administration management system. However, the Committee notes the indication made by the Government in its report on the application of the Labour Inspection Convention, 1947 (No. 81) that a plan of the Ministry of Labour and Employment provides for an increase in the number of labour inspectors and the establishment of a separate inspection unit at the Ministry of Labour. The Committee once again requests that the Government provide information on the measures taken to improve the organization and coordination of the labour administration system, and on the impact of the measures. It further requests that the Government provide information on the measures taken or contemplated to ensure that the labour administration system has adequate material resources and that the staff has the status and working conditions necessary for the effective performance of their duties. The Committee also requests that the Government provide information on any training given to labour administration staff (subjects covered, number of participants, duration and frequency).

Articles 5 and 6. Employment policy and tripartite consultation. The Committee notes the Government’s indication, in reply to its previous request concerning the progress made in this regard, that a national employment policy was presented before the National Advisory Committee on Labour (NACOLA). It further notes that the NACOLA made observations and the ILO made comments in relation to this policy. According to the Government, these observations and comments were in the process of being incorporated in the national employment policy, which was expected to be submitted to Cabinet in September 2015. The Committee requests that the Government continue to provide information on progress made concerning the adoption and implementation of a national employment policy and to supply a copy once it has been adopted.

Article 7. Gradual extension of the functions of the labour administration system. The Committee notes that the Government’s report once again does not contain any information on the application of this provision of the Convention. With reference to its previous comments, the Committee therefore once again requests that the Government provide information on the measures taken to conduct the study on the informal sector referred to in the Government’s first report, so that the authorities can formulate a policy on the extension of the scope of labour standards to this sector.

Application of the Convention in practice. Noting that the requested information has not been received, the Committee once again asks the Government to provide extracts of any reports or other periodic information provided by the principal labour administration services, as referred to in Paragraph 20 of the Labour Administration Recommendation, 1978 (No. 158) (for example, the Labour Department, the National Employment Service, the Directorate of Dispute Prevention and Resolution (DDPR), the Occupational Safety and Health Directorate, the labour inspectorate, etc.), as well as information on any practical difficulties encountered in the application of the Convention.