Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Malawi

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1965)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1971)
Labour Administration Convention, 1978 (No. 150) (Ratification: 1999)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour Inspection Convention, 1947 (No. 81) and Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Functions of labour inspectors. The Government indicates in its report that the form used during inspections is currently under review in order to include emerging issues such as migration, sexual harassment and general decent work deficits, among other issues. The Committee takes note of this initiative and refers to its 2022 comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) in which the Committee requested the Government to step up its efforts to increase the capacity of labour inspectors, to prevent, identify and address cases of discrimination in employment and occupation, including sexual harassment. The Committee requests the Government to continue to provide information on the development of a new inspection form and to provide a copy once adopted.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Structure of labour inspection system. Central authority entrusted with control and supervisory powers. In reply to Committee’s previous request, the Government indicates that the labour inspection system operates at three levels i.e. district level, regional level and headquarters level. The Committee notes that labour inspections are conducted by labour officers/inspectors who fall under the Department of Labour Services of the Ministry of Labour and are present at all levels, and specialized occupational safety and health (OSH) inspectors who are under the Directorate of Occupational Safety and Health of the Ministry of Labour and are present at regional and headquarters level. The Government indicates that field officers who perform inspections report to the Regional Labour Officer who reports to the Labour Commissioner every three months. The Committee notes the Government’s indication that the Ministry of Labour has embarked on a comprehensive functional review of its structure which will aim to establish a stand-alone labour inspectorate department. The Committeerequests the Government to provide information on the developments concerning the functional review of the Ministry, including on the new structure of the labour inspection system and the way it is ensured that a central authority is entrusted with control and supervisory powers in the labour inspection system.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service. In reply to Committee’s previous request, the Government indicates that labour officers/inspectors are part of the civil service and are thus governed by the Malawi Public Service Regulations. In this respect, the Committee takes note of the detailed information provided regarding their recruitment process, including their selection and appointment. With regard to qualifications, the Government indicates that labour officers/inspectors are recruited from various disciplines at bachelor’s degree level. In addition, OSH inspectors/officers are recruited from the following disciplines at bachelor’s degree level: Chemistry, Biology, Mechanical Engineering, Civil Engineering, Electrical Engineering, Public Health and Environmental Health. Taking note of this information, the Committee requests the Government to provide further information on the conditions of service of labour inspectors, particularly related to remuneration (including salary and benefits) and career prospects, in comparison to public servants exercising similar functions within other government services, such as tax inspectors and police.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Recruitment, qualifications and training of labour inspectors. The Committee notes that the Government provides detailed information on the training provided to newly recruited labour inspectors, including by the Africa Regional Labour Administration Centre for the period 2018–23, the subjects covered, number of participants, and dates of sessions. It also notes the Government’s indication that some labour inspectors would be trained on strategic compliance planning with funding from the ILO. However, the Committee notes that the Government does not provide information on the provision of training for labour inspectors in the agricultural sector in particular. The Committee once again requests the Government to provide information on the provision of adequate training for labour inspectors for the performance of their duties in the agricultural sector.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Adequate human and material resources. In reply to the Committee’s previous request, the Government indicates that there are ten OSH inspectors: three based at the head office, three based at the Central Region Office, two at the Northern Region Office and two at the Southern Region Office, while there are no OSH inspectors at district level. The Committee notes that there is only one woman among the ten OSH inspectors. With regard to labour officers/inspectors, the Government indicates that there are 77 officers (27 of them are women), spread throughout the country including at district level. With regard to material resources, the Committee notes that the Government has provided general information on resources placed at the disposal of labour administration in its report under Convention No. 150, but no information is available specifically with regard to labour inspection. The Committee requests the Government to continue to provide detailed information on the number of OSH and labour inspectors, disaggregated by gender, and provide specific information on the number of inspectors assigned to the agricultural sector. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the labour inspection services have sufficient human resources necessary for their operation, including measures taken to increase the number of OSH inspectors. The Committee requests the Government to provide detailed information with regard to material resources allocated to the labour inspectorate (including its budget, IT equipment, vehicles available, etc.) and to indicate the measures taken or envisaged to ensure that the labour inspection services have sufficient material resources necessary for their operation.

Labour Administration Convention, 1978 (No. 150)

Articles 1 and 4 of the Convention. Organization, and effective operation of the labour administration system. The Committee notes that the Government does not provide information with regard to functional review of the Ministry of Labour. The Committee requests the Government to provide information concerning the organization and effective operation of the labour administration system, in the context of the functional review of the Ministry of Labour.

Article 6(1) and (2)(a). National labour policy and national employment policy. In its previous comments, the Committee noted the adoption, in 2017, of the National Employment and Labour Policy and requested the Government to provide information on its implementation. The Committee notes that the Government’s report does not contain information in this respect. The Committee requests the Government to provide information on the administration, co-ordination, checking and review of the National Employment and Labour Policy, as well as on any new policy subsequently adopted, indicating the role of the relevant bodies involved in the process.

Article 10. Human resources and material means necessary for the operation of the labour administration system. In reply to the Committee’s previous request, the Government indicates that there are currently 723 staff exercising functions in the area of labour administration within the Ministry of Labour. These include labour officer/inspectors, workers compensation officers, occupational, safety and health officers, research and planning officers and trade testing officers. The Committee notes that the Government provides monthly funding to these officers to execute their day-to-day duties, which includes stationery and fuel, among others. However, due to low funding levels, the Government indicates that development partners, through various projects, often provide a cushion to ensure that performance levels are not heavily affected, although mobility challenges prevail. The Committee requests the Government to continue its efforts to reinforce the material and financial resources made available to the labour administration services and to provide more information on the material means currently available to labour administration staff for the performance of their duties. Regarding resources allocated to labour inspection in particular, the Committee refers the Government to its comments above concerning Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129.