Labour Inspection Convention, 1947 (No. 81) - Lesotho (Ratification: 2001)

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

Previous comment

Labour law review. The Committee notes the Government’s indication that, during the reporting period, the Ministry of Public Service, Labour and Employment (MOPSLE) continued consultations on labour law reform to consolidate all laws relating to labour and employment. The Government adds that the revised legislation will offer protection to labour inspectors to carry out inspections in public and informal sectors. Referring to its previous comments, the Committee requests the Government to continue to provide information on the progress made with the review of the national labour legislation, and to supply a copy of the relevant legislative texts, once they have been adopted.

Article 3(1) and (2) of the Convention. Additional functions entrusted to labour inspectors. Following its previous comment, the Committee notes the Government’s indication that staff from the MOPSLE have been redeployed as assistant inspectors to perform conciliation functions. The Government further indicates that the labour inspectorate is working tirelessly to refrain from engaging in mediation. The Committee notes that during the reporting period, there were 1,154 reported disputes, 734 of which were resolved through mediation. The Committee also notes from the Government’s report that only 818 of the 1,400 targeted proactive labour inspections were conducted, and that limited resources contributed to many other constraints on labour inspection operations.

The Committee recalls that, pursuant to Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors, including mediation, shall not be such as to interfere with the effective discharge of those primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee requests the Government to take additional measures to have the labour inspectorate refrain from engaging in mediation, and to provide specific information on the number of MOPSLE officers engaged in mediation functions as assistant inspectors. It also requests the Government to provide information on any further involvement by labour inspectors in mediation, more specifically, by indicating the proportion of time and resources spent by labour inspectors on labour disputes, in comparison to those spent on the discharge of their primary duties, as defined under Article 3(1) of the Convention.

Article 5(b). Collaboration with employers and workers or their organizations. The Committee notes that a draft national labour policy had been prepared with the support of employers’ and workers’ organization. The Committee refers, however, to its recent comments on the application of the Labour Administration Convention, 1978 (No. 150), in which it noted that the development of the policy has been put on hold. Moreover, the Committee notes the Government’s indication that one obstacle impacting the labour inspection system is a lack of cooperation with employers’ and workers’ organizations. The Committee requests the Government to provide information on measures taken to promote collaboration between the labour inspectorate and employers and workers or their organizations.

Article 7(3). Training of labour inspectors. In reply to the Committee’s previous comments, the Government indicates that labour inspectors were trained for the effective performance of their duties to ensure compliance with national laws and international labour standards. In addition, the Government provides a list of training held between July 2016 and August 2017, including the subject of the training, number of participants and impact of the training. The Committee also notes the Government’s indication that there is a lack of a training manual and refresher courses for labour inspectors. The Committee requests the Government to provide detailed information on the content and duration of training opportunities, including any retraining and refresher courses, provided to labour inspectors, the number of inspectors that participated in training, the subjects covered, and the impact of training courses on the effective discharge of their duties. It also requests the Government to provide information on the development of a training manual for labour inspectors.

Articles 5(a), 17 and 18. Effective enforcement of sufficiently dissuasive penalties and cooperation with the justice system. With reference to the Committee’s previous comment on the filling of the vacant post of inspection manager, the Government indicates that the appointed labour inspection manager supervises the General Labour Inspection Unit. The Committee also notes that one of the challenges identified by the Government is the lack of an internal legal section for prosecution. Noting the absence of information in this regard, the Committee once again requests the Government to provide information on the progress made to establish sufficiently dissuasive penalties for the violation of labour legislation and to provide information on the number of violations detected and penalties imposed. The Committee also requests the Government to provide information on the number of cases referred to the prosecution office by labour inspectors and on the outcome of cases referred to the prosecutor, including specific violations found and sanctions imposed. It also requests the Government to indicate any measures adopted to address the lack of a legal section for prosecution in the labour inspectorate.

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

Previous comment

Articles 4, 6, 10 and 11 of the Convention. Organization, human resources and material means of the labour inspection services. Following its previous comment, the Committee notes the Government’s indication in its report that in order to address the challenges faced by the labour inspection system, the inspectorate has continued to implement the ILO Strategic Compliance Planning (SCP) model, which has provided the inspectorate with a methodology to achieve compliance outcomes, even with limited resources. The Government further indicates that, during the reporting period, the labour inspectorate faced other major challenges that influenced its performance, including the impossibility of holding training for workers and employers due to limited resources and a lack of transport in seven of the ten districts. The Committee also notes the list of obstacles and constraints submitted by the Government, which highlights, inter alia, a lack of cooperation between ministries, deficiencies regarding the training of inspectors and a lack of measuring tools. The Committee notes the proposal of the Ministry of Public Service, Labour and Employment to provide for an increase in the number of labour inspectors and the establishment of a separate inspection unit at the Ministry, and the information that there are three district labour officers (DLOs) (all women), 27 labour and occupational safety and health (OSH) inspectors (20 women and seven men) and three labour officers (all women) who perform similar duties to those of labour inspectors in the ten districts of Lesotho. The Committee urges the Government to take concrete measures to allocate the financial resources necessary to meet the most urgent priorities for the improved functioning of the labour inspection system and to provide information on any progress made in this regard. The Committee requests the Government to continue to provide information on the number of labour and OSH inspectors, the number of sanctioned posts, and any recruitment of new inspectors. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in addressing the issues concerning the efficiency of the labour inspection system.

Articles 6, 7(1) and (2). Recruitment and conditions of service of labour inspectors. Following its previous comment, the Committee notes the Government’s indication that the DLOs are on grade G salary scale and report directly to the inspections manager, who is on grade I salary scale. The Government indicates that, during the April 2022 to March 2023 period, there were only three DLOs officially appointed to oversee and supervise district labour office activities. However, when there is no DLO officially appointed, the labour inspector with the highest educational qualification and experience performs the duties of a labour inspector, combined with duties of a DLO. The Government also provides information on the salary grades of other labour and OSH inspectors. The Committee notes the Government’s indication that challenges include low staff morale and corrupt activities by labour inspectors. The Committee requests the Government to indicate the specific criteria and methods for selecting candidates for the profession and to indicate if the compulsory placement of labour inspectors still takes place. It also requests the Government to provide information on theconditions of service of labour inspectors and, in particular, detailed information on wages and career prospects as compared to other types of public officials performing similar duties (for example, tax inspectors and the police). The Committee requests the Government to indicate any measures adopted in order to address the challenges identified, including with specific reference to the corrupt activities of labour inspectors.

Articles 20 and 21. Annual labour inspection report. The Committee notes the statistical information included in the Government’s report, including information on the number of inspectors, the number of labour and OSH inspections carried out in the 2022–23 period, and the number of accidents and dangerous occurrences during the same period. The Government refers to the inadequate reporting system on occupational accidents and to the limited number of occupational health practitioners to determine the link between exposure and occupational diseases. The Committee therefore once again requests the Government to provide information on the progress made in the development of a computerized labour inspectorate, also in the framework of the implementation of the SCP model. It also requests the Government to provide information on the publication of the labour inspection annual report, in accordance with Article 20(1) of the Convention, and on the inclusion in such report of all the information required by Article 21, including on statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), statistics of violations and penalties imposed (Article 21(e)); and statistics on occupational diseases (Article 21(g)).

The Committee is raising other matters in a request addressed directly to the Government.

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

Labour law review. The Committee welcomes the Government’s indication that it plans to submit a request for ILO technical assistance in the form of legal assistance to enhance compliance with the Convention. In this regard, the Committee also welcomes the Government’s reference to work that is currently being undertaken to identify and address legislative gaps in relation to the protection of workers, which also includes issues previously raised by the Committee, such as the establishment of sufficiently dissuasive penalties for the violation of labour legislation. The Committee encourages the Government to submit a formal request for technical assistance relating to the revision of the national labour legislation, and to provide information on any measures taken to bring the national legislation into full compliance with the requirements of the Convention.

Article 3(1) and (2) of the Convention. Additional functions entrusted to labour inspectors. In reply to its previous comments on this matter, the Committee notes with interest the Government’s indication that an administrative decision of the Ministry of Labour and Employment now provides that labour officers, and not labour inspectors, are responsible for the resolution of labour disputes. According to the Government, this decision will be implemented once new staff are recruited. The Committee requests the Government to provide information on the progress made with recruiting labour officers to assume conciliation duties and gradually relieving labour inspectors from these tasks.

Article 5(b). Collaboration with employers and workers or their organizations. Further to the Committee’s request to provide information on steps taken to strengthen collaboration with employers’ and workers’ organizations, the Committee notes that the Government indicates that a draft labour inspection policy has been formulated with the employers’ and workers’ organizations and this will be submitted to the National Advisory Committee on Labour (NACOLA) and the Minister of Labour and Employment prior to its submission to Cabinet. The Committee requests the Government to provide a copy of the labour inspection policy, once adopted, and information on other arrangements made to give effect to Article 5(b).

Article 7(3). Training of labour inspectors. The Committee previously noted the Government’s indication on plans to structure a course for the inspectorate at the National University of Lesotho. In this regard, the Committee notes the Government’s indication that the abovementioned draft labour inspection policy addresses the training of labour inspectors, including the content of this, its duration and attendance requirements. Moreover, according to the Government, exchange visits with labour inspectors from South Africa and further consultation with the ILO are envisaged to enhance the capacity of labour inspectors to enforce legal provisions relating to conditions of work and to the protection of workers. The Committee requests the Government to provide detailed information on the content and duration of any training provided to labour inspectors, the number of inspectors that participated in this training and its impact on the effective discharge of their duties.

Articles 5(a), 17 and 18. Effective enforcement of sufficiently dissuasive penalties and cooperation with the justice system. The Committee notes the Government’s indication that the penalties for labour law infringements are currently being reviewed with a view to updating them and providing for their deterrent effect. The Committee also notes the reiterated statement of the Government that the filling of the long-standing vacancy of the position of inspection manager, who is competent to refer matters for prosecution, should contribute towards improving the number of administrative or penal actions taken in response to the violations observed by labour inspectors. The Committee requests the Government to provide information on the progress made in relation to the amendment of the Labour Code and other provisions establishing sufficiently dissuasive penalties for the violation of labour legislation, and to provide information on the impact of the activity of the newly appointed inspection manager on the effective enforcement of such penalties.

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

Articles 4, 6, 10 and 11 of the Convention. Organization, human resources and material means of the labour inspection services. In its previous comments, the Committee noted the Government’s indication concerning a shortage of labour inspectors, office equipment and transport facilities. In this regard, the Committee notes the Government’s indication in its report 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 notes from the Government’s indication that the implementation of this plan is dependent on the approval of the Minster of Finance. Welcoming the initiative of the Ministry of Labour and Employment to establish a separate inspection unit and increase the number of labour inspectors, the Committee once again strongly encourages the Government to take concrete measures, in order to identify and allocate the financial resources necessary to meet the most urgent priorities for the improved functioning of the labour inspection system and requests the Government to provide information on any progress made in this regard.

Articles 6, 7(1) and (2). Recruitment and conditions of service of labour inspectors. In its previous comments, the Committee noted the Government’s indication on the compulsory placement of labour inspectors (that is, no recruitment based on the expression of interest for the position of labour inspector) and their very low remuneration resulting in an adverse effect on their motivation. It notes the Government’s indication that the requirements of Article 6 are complied with, since labour inspectors enjoy the status of public servants and their service does not depend on political considerations or changes of Government. In this respect, the Committee would like to emphasize once again, as it has stated in paragraph 204 of its General Survey of 2006 on labour inspection, that it is vital that the levels of remuneration of labour inspectors are such that high-quality staff are attracted, retained and protected from any improper influence. In paragraph 183 of this General Survey, it also indicated that in its view, appropriate and in-depth interviews of applicants for the position of labour inspector, conducted in accordance with principles of fairness and objectivity, are the best way for the competent authority to select the most suitable candidates. The Committee is therefore bound to re-emphasize that the compulsory placement of labour inspectors is incompatible with the aim of attracting motivated staff. The Committee once again requests the Government to take all necessary measures so as to ensure the full application in both law and practice of Article 7 concerning the criteria and methods for selecting candidates for the profession and to provide information of any concrete steps taken in this regard. It also asks the Government to ensure that the remuneration of labour inspectors is such that candidates are attracted to the post and retained within the services of the labour inspectorate. In this regard, it asks the Government to specify the conditions of service of labour inspectors and in particular, wages and career prospects as compared to other types of public officials performing similar duties (for example, tax inspectors).

Articles 20 and 21. Annual labour inspection report. The Committee notes with regret that the Office has not received an annual report on the activities of the labour inspection services since the ratification of the Convention in 2001. It notes, however, the Government’s indication that an attempt is being made to improve the computer system within the labour inspectorate and that the relevant funds are being sought in the 2016–17 budget so as to facilitate publication and transmission of an annual inspection report. The Committee requests the Government to provide information on the progress made in the development of a computerized labour inspectorate or of a computerized register of establishments liable to inspection as recommended in the 2005 audit made by the ILO, so as to enable the central labour inspection authority to prepare, publish and communicate to the ILO an annual labour inspection report, in accordance with Article 20, containing all the information required in paragraphs (a) to (g) of Article 21. The Committee reminds the Government that it may avail itself of the technical assistance of the Office for this purpose if it so wishes.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s report in which it expresses its commitment to overcome several of the persistent difficulties identified in the Committee’s previous comments. In this regard, the Committee notes with interest the fact that one of the envisaged outcomes of the Lesotho Decent Work Country Programme (DWCP) for 2012–17, is to promote and enhance the effectiveness of the labour administration and labour inspection systems, notably by setting up a national tripartite mechanism on labour inspection, implementing an information management system and promoting staff training.

Article 3(1) and (2) of the Convention. Performance of the primary duties of labour inspectors. In reply to the Committee’s previous comments, the Government specifies that labour inspectors have always had and still carry out routine inspections along with inspections arising out of complaints. It adds however, that as an inherent and historical function of the inspectorate, labour inspectors still attend to labour disputes reported within various district labour offices by the public. In this regard, the Committee would like to emphasize once again, with reference to paragraph 72 of its 2006 General Survey on labour inspection, that the time and energy that labour inspectors spend on seeking solutions to collective labour disputes, especially in a situation where resources are scarce, are often at the expense of the performance of their primary duties, as defined in Article 3(1) of the Convention. The Committee noted in its previous comments that inspectors’ duties in the area of dispute settlement continued as long as the Directorate of Dispute Prevention and Resolution was not yet operational. The Committee reiterates its request to the Government for measures to be taken so that labour inspectors quickly resume their primary duties as defined in Article 3(1) of the Convention to enable them to carry out inspections in the highest possible number of industrial and commercial workplaces liable to inspection, and to relieve labour inspectors from conciliation duties which normally pertain to the Directorate of Dispute Prevention and Resolution.

Article 5(b). Collaboration with workers’ and employers’ organizations. According to the Government’s report, it is envisaged to strengthen collaboration with workers’ (through the reporting of violations) and employers’ organizations (through the encouragement of their members to respect legislation). The Committee requests the Government to provide information on steps taken or envisaged in this regard and on their impact.

Article 7(3). Training of labour inspectors. The Government reports that it has undertaken to professionalize its inspectorate and, to this end, it intends to approach the ILO Decent Work Team in Pretoria to assist in structuring a course for the inspectorate to be offered by the National University of Lesotho. The Committee requests the Government to provide information on progress made in the introduction of the training course as well as on its content, duration, attendance and impact on the effective discharge of the duties of labour inspectors, including the enforcement of legal provisions concerning conditions of work and the protection of workers, the provision of technical advice and information on the most effective means of complying with these provisions and the identification of any legislative gaps relating to protection at work.

Articles 6, 7, 10 and 11. Status, recruitment procedure and number of labour inspectors and material means placed at their disposal. The Committee notes that the Ministry of Labour intends to approach the Ministry of Public Service with a view to improving the employment conditions of the labour inspectorate. The Government refers to the filling of the long-standing vacancy of the position of inspection manager in May 2011 and to improvements in the transport facilities at the disposal of the labour inspectorate (six motorcycles which labour inspectors should be able to use after they have been provided with protective clothing). It adds that while it is committed to ensuring the necessary resources for the labour inspectorate to provide its functions efficiently, the improvements envisaged may not be realized in the near future due to financial constraints.

The Committee recalls its previous comments on the shortage of labour inspectors and the fact that they are not recruited based on a personal interest in carrying out labour inspection duties, but under a system of compulsory placement, which according to the Government has an adverse effect on their motivation. Furthermore, the lack of any specific training after they take up their duties, their very low remuneration and the shortage of office equipment and transport facilities means that inspectors lack the enthusiasm that is essential to the performance of inspection duties and are less likely to remain in their posts, the most experienced among them moving on in search of better career prospects. The Committee once again strongly encourages the Government to take concrete measures, including in the context of the 2012–17 DWCP, in order to identify the financial resources necessary to meet the most urgent priorities for the improved functioning of the labour inspection system. In particular, the Committee reiterates its request for the Government to take all necessary measures so as to ensure the full application in both law and practice of Article 6 concerning the status and conditions of service of inspection staff and Article 7 concerning the criteria and methods for selecting candidates for the profession as well as the training of inspection staff. The Committee requests the Government to keep the Office informed of any concrete steps taken in this regard and once again reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.

Articles 5(a), 17 and 18. Effective enforcement of sufficiently dissuasive penalties and cooperation with the justice system. The Committee notes that, according to the Government, the amendment of the provisions establishing penalties for the violation of labour legislation constitutes an essential part of the revised draft Labour Code, which is currently being examined by the Parliamentary Council prior to its submission to Parliament. Moreover, the filling of the long-standing vacancy of the position of inspection manager, who is competent to refer matters for prosecution, should contribute towards improving the number of administrative or penal actions taken in response to the violations observed by labour inspectors. The Committee recalls that these measures constitute a follow-up to recommendations made in 2005 by the ILO in the framework of an assessment aimed at improving the operation of the labour inspectorate. The Committee requests the Government to provide information on progress made in relation to the amendment of the provisions establishing sufficiently dissuasive penalties for the violation of labour legislation and the increase in the number of administrative or penal actions taken in response to the violations observed by labour inspectors.

Articles 20 and 21. Annual labour inspection report. According to the Government’s report, the Ministry of Labour is in touch with the ILO Decent Work Team in Pretoria in order to seek assistance for the revamping of the computer system of the labour inspectorate which, as the Committee has previously noted, is an essential step for the elaboration, publication and communication to the ILO of an annual labour inspection report. The Committee once again requests the Government to take concrete measures to create a computerized labour inspectorate so that the central inspection authority is able, in accordance with Article 20, to publish and transmit to the ILO an annual inspection report gradually containing all the information required in paragraphs (a) to (g) of Article 21.

The Committee hopes that the Government will soon be in a position to report to the Office on concrete progress made on all the subjects raised above.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee reminds the Government that, by ratifying this Convention, it undertook to take measures to implement it in both law and practice. In view of the worrying information provided in this regard, the Committee draws its attention to the following points.

Shortcomings of the labour inspection system in relation to Articles 3, 6, 7 and 9–21 of the Convention. According to the information provided by the Government, although labour inspectors are supposed to carry out routine inspections of workplaces to ensure that the legal provisions concerning working conditions are being respected, the shortage of inspectors, their lack of qualifications and the fact that they perform tasks other than those inherently related to labour inspection constitute significant obstacles to the performance of this duty. Contrary to the information provided in the Government’s first report received by the ILO in 2003, according to which inspections were carried out on a routine and proactive basis at least in workplaces and activities at risk, inspections are now carried out only in response to complaints. Furthermore, the number of inspectors has not been increased as planned and while the Directorate of Dispute Prevention and Resolution is not yet operational, it is inspectors who continue to ensure the settlement of disputes and intervene in collective labour disputes. They are also involved in inspection operations organized jointly by the Ministry of Labour and Employment, the Ministry of Trade and Industry, Cooperatives and Marketing and the Ministry of Home Affairs and Public Safety to verify the legality of the situation of foreign employers from the point of view of the right to establish a business.

The Committee notes with concern that inspectors are not recruited based on a personal interest in carrying out these duties, but under a system of compulsory placement, which, according to the Government, has an adverse effect on their degree of motivation. Furthermore, the lack of any specific training after they take up their duties, their very low remuneration and the shortage of office equipment and transport facilities mean that inspectors lack the enthusiasm that is essential to the performance of inspection duties and are less likely to remain in their posts. The most experienced inspectors move on in search of better paid jobs. According to the Government, all these conditions explain the fact that the profession is not attractive to the technicians and experts whose collaboration would nonetheless be of benefit to an effective labour inspection service.

With regard to the action taken in response to violations observed, the Committee notes that employers at fault are issued with a formal warning to fulfil their obligations, but that the level of the penalties applicable in the case of a failure to comply is not sufficiently dissuasive. The relevant legal provisions have not been amended since the Labour Code was adopted in 1992, despite a spiralling monetary inflation rate. In any case, the Government has not provided any figures on the administrative or penal action taken in response to the violations observed by inspectors. The Committee is therefore unable to carry out any assessment of the coverage of the labour inspectorate’s services or the impact of the inspections carried out in relation to the objective of the Convention. Similarly, the Government has not provided any information allowing the Committee to assess the impact of the collaboration of organizations of workers (through the reporting of violations) and employers (through the encouragement of their members to respect the legislation), mentioned in the report, on the operation of the labour inspectorate.

The Committee notes that the weaknesses of the labour inspection system were already highlighted in an assessment of the labour inspectorate carried out by the ILO in 2005 and that recommendations were made to improve its operation. It notes that these recommendations have for the most part not been implemented but that the Government announces forthcoming amendments of the provisions of the Labour Code concerning the penalties applicable to those responsible for violations and undertakes to invest efforts to establish a computerized labour inspection system.

The Committee requests the Government to take measures to ensure that labour inspectors quickly resume the primary duties defined in Article 3(1) of the Convention to enable them to carry out routine inspections in the highest possible number of industrial and commercial workplaces liable to inspection (Article 16). It emphasizes that, for inspectors, routine inspections constitute the safest means of fulfilling their obligation of confidentiality concerning the existence and source of complaints (Article 15(c)) and avoiding exposing the workers concerned to the risk of reprisals on the part of the employer.

The Committee also requests the Government to ensure that labour inspectors receive the necessary training for the effective performance of inspection duties, which consist mainly of enforcing the legal provisions concerning conditions of work and the protection of workers, but also involve providing employers and workers with technical advice and information on the most effective means of complying with these provisions and drawing the attention of the competent authority to any legislative gaps relating to protection at work.

The Committee also requests the Government to take measures to ensure the full application in both law and practice of Article 6 concerning the status and conditions of service of inspection staff and Article 7 concerning the criteria and methods for selecting candidates for the profession as well as the training of inspection staff.

With regard to the material and logistical means necessary for the establishment and operation of an effective inspection service, the Committee strongly encourages the Government to identify the most urgent needs in this regard and to take measures to find the resources to meet those needs, both at the national level and in the context of international cooperation. The Committee requests the Government to keep the Office informed of any developments in this regard and reminds it of the possibility of seeking technical assistance from the Office to identify the needs concerned as the first phase.

Finally, referring to its general observations of 2007 and 2009, the Committee requests the Government to take concrete measures to create a computerized labour inspectorate so that the central inspection authority is able, in accordance with Article 20, to publish and transmit to the ILO an annual inspection report gradually containing all the information required in paragraphs (a) and (g) of Article 21. The Committee reminds the Government that Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), provides useful guidance on the information required on each subject and the ideal level of detail.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the report sent by the Government in response to its previous comments. It draws once again its attention to the following points.

Article 3, paragraph 1(b) and 5(b), of the Convention. Provision of technical information and advice by labour inspectorate officers to employers and workers. The Committee notes with interest that training meetings are held for employers and workers on a large number of subjects, such as rights and obligations at work, infringements identified during inspection visits, the role of the Labour Department, the handling of grievances and disciplinary procedures. The Committee requests the Government to continue to provide details on the information sessions organized (frequency, number and categories of persons attending them, etc.). Drawing the Government’s attention to Part II of the Labour Inspection Recommendation, 1947 (No. 81), which provides useful guidelines on the nature and types of collaboration between the labour inspectorate and employers’ and workers’ organizations in the area of occupational safety and health, it requests the Government to describe any arrangement made or envisaged to promote such collaboration.

Article 3, paragraph 1(c). Contribution of the labour inspectors to improving labour legislation. The Committee notes with interest that, before any labour law review is undertaken, labour inspectors are invited to bring up any issue relating to legal provisions which in their opinion needs to be discussed and that they may also raise legal issues during their annual meetings and at any time in the course of their work. The Committee would be grateful if the Government would provide examples of issues that were brought to the notice of the competent authority with a view to improving labour legislation and progress made, if any.

Articles 6 and 10. Labour inspection staff. Numbers, status and conditions of service. The Committee notes with interest that no inspector is appointed under contractual or temporary terms and that labour inspectors are appointed on a permanent basis, after a probationary period of one year. The Committee observes however with concern that, while more qualified inspectors have been recruited since 2005, the staff turnover within the labour inspectorate is extremely high, 15 experienced inspectors – out of a total of 50 inspectors – having recently left. It also notes with concern that, contrary to section 8(1) of the 2005 Public Service Act, which provides for advancement within the public service based on merit, according to the Government, there are no conditions governing the career advancement of labour inspectors. The Government indicates furthermore that the structure of the labour inspectorate provides them with very little room in this regard. The Committee cannot emphasize enough how important and necessary it is to guarantee labour inspection staff career prospects and conditions of service (level of remuneration, social insurance, stability in their employment, independence from any change of government and any improper external influence) such as to attract and retain qualified staff (General Survey of 2006 on labour inspection, paragraphs 209 and 221). The Committee accordingly urges the Government to take all appropriate measures aimed at ensuring that labour inspectors benefit, as public officials and with regard to the complexity of the duties entrusted to them and the level of their responsibility, from suitable conditions of service and  career prospects. It strongly encourages the Government to make sure that appropriate resources are allocated to the labour inspection system to this end.

Articles 11 and 16. Coverage of the labour inspection system and frequency of inspections. Need for transport facilities. The Committee notes the Government’s indication that no significant progress can be reported with regard to the means of transport made available to the inspection staff and the reimbursement of their professional travelling expenses. Since the most important part of the work of labour inspectors should be to visit workplaces liable to inspection so that they can ensure the enforcement of the legal provisions relating to conditions of work and the protection of the workers while engaged in their work, it is an obligation under this Convention that the Government takes all necessary steps to make available material and legal means to this end, taking into account the national possibilities and through international financial cooperation where available. It is essential that employers and workers are conscious of the clear commitment of the Government to fulfil its objectives in this regard which could be demonstrated by ensuring routine inspection visits of workplaces. With reference to its previous comments regarding the inspection system being based on complaints and, as a result, being reactive rather than proactive, the Committee requests the Government to take measures aimed at granting labour inspectors appropriate transport where necessary and access to adequate transport facilities where they exist, so that routine inspections can be programmed and effectively carried out as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Articles 17, 18 and 21(e). Legal proceedings, applicable penalties and relevant statistics. The Committee notes that, according to the Government’s 2008 report on the Labour Administration Convention, 1978 (No. 150), the legal section, which is responsible for the prosecution of employers in breach of labour law, has been removed from the operations of the Labour Department and, as a result, from the supervision of the Labour Commissioner. The Committee would be grateful if the Government would indicate the arrangements made to ensure  that the Labour Commissioner and the labour inspectorate are informed of the handling of cases transmitted by labour inspectors and results of the legal proceedings instituted. It would also be grateful if the Government would provide any judgement or extract of a judgement issued further to an inspection report, as well as any statistical data available on the number and type of violations of legislation reported by the labour inspectors, the number of cases prosecuted and the penalties imposed on employers. Noting also the Government’s indication that the fines and penalties under the Labour Code were re-evaluated, the Committee requests the Government to provide copy of the relevant legal provisions.

Articles 19, 20 and 21. Periodical reports by labour inspectors and annual report on the work of the labour inspection services. According to the Government, the annual report on the labour inspectorate activities will be prepared and provided in the near future. The Committee wishes to emphasize that without such a report it is not in a position to assess the functioning in practice of the labour inspection system. It also wishes to recall the importance of the annual report as a basis for a periodical assessment by the central inspection authority of the adequacy of the available resources in relation to needs and, consequently, to determine priority areas of action. The Committee accordingly asks the Government to take the necessary measures to enable the central inspection authority to prepare and publish an annual report on the work of the labour inspection services, containing the information required under Article 21. It invites the Government to draw the attention of the central labour inspection authority to the valuable guidance provided in Part IV of Recommendation No. 81 on the manner in which such information could be presented in order to reflect usefully the labour inspectorate’s work in practice. The Committee requests the Government to indicate any progress made in this respect and to provide with its next report any statistics available on industrial and commercial workplaces liable to inspection (number, size and sectors concerned), workers covered (number and categories), inspection visits performed (number and types as well as sectors concerned), industrial accidents and cases of occupational disease (number, sectors concerned, causes and consequences).

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report and the attached structural plan of the inspection services. It also notes the copy provided of the Workmen’s Compensation Act, No. 13 of 1977, and the Public Service Act, No. 1 of 2005. The Committee would be grateful if the Government would provide additional information on the following points.

1. Article 4 of the Convention. Structure of the labour inspection system. According to the Government’s indication in its report in 2003, the system of labour inspection is placed under the supervision and control of the Labour Commissioner. However, the Government has provided two structural plans, one of which is entitled “Proposal 1”. The Committee requests the Government to provide clarifications on the structure and operation of the existing labour inspection system, and the organizational perspectives envisaged.

2. Article 6. Status and conditions of service of labour inspectors. The Committee notes that, under the terms of section 7 of the Public Service Act, 2005, appointment to the public service can also be made on contractual terms or temporary terms. The Committee would be grateful if the Government would indicate whether, as required by Article 6 of the Convention, labour inspectors are ensured, as public officials, of stability of employment and if it would provide details on the conditions governing their career advancement.

According to the Government, the salaries of labour inspectors are mostly dependent on their qualifications, although most of the inspectors are not qualified. However, it envisages the recruitment of more qualified inspectors and the provision of training to those who are not qualified so as to guarantee better payment for all. The Committee hopes that the Government will be in a position to indicate in its next report the measures adopted in this respect and any progress achieved.

3. Articles 2, 23, 24, 10 and 16. Coverage of the labour inspection system, human resources and frequency of inspections. While recognizing that a system of inspection based on complaints is inadequate, the Government indicates that, given the shortage of inspectors, this is the best that can be done. Nevertheless, a system of intergraded inspections has been implemented in which inspectors are being trained so that each inspector has the knowledge and skills to carry out inspections of both general issues and occupational safety and health issues. The Committee notes that the Government is in the process of recruiting 15 inspectors with tertiary qualifications, and that workshops on inspection generally and on integrated inspection were provided for inspectors in April and May 2005, the second of which was an initiative of the ILO/ILSSA project for the improvement of labour systems in southern Africa. The Government is requested to keep the ILO informed of any development relating to the quantitative and qualitative strengthening of the human resources of the labour inspection services and, in particular, to indicate the measures adopted so that routine inspections can be programmed and carried out in all the categories of workplaces covered by the Convention.

4. Article 11. Transport facilities and reimbursement of the professional travelling expenses of labour inspectors. The Committee notes the indication that the public transport system is not well organized and that inspectors are not eager to use it. It further notes that, despite the donation of seven motorcycles to the Ministry of Employment and Labour in 2003 by the SLASA project for the strengthening of labour administration in southern Africa, the lack of means of transport continues to be critical. The Committee notes that, although there is no text providing a legal basis for the reimbursement of the travel expenses of inspectors, claims are made in writing to the accountant, subject to authorization by the supervisor. The Committee hopes that the Government will rapidly take measures for the provision of budgetary allocations to cover transport facilities and travel expenses so as to enable labour inspectors to undertake professional travel.

5. Article 3, paragraph 1(b). Provision of technical information and advice to employers and workers. With reference to its previous comments, the Committee notes the Government’s indication that, although the function of providing technical information and advice to employers and workers is not set out in the law, it is carried out by inspectors in practice, particularly through the holding of short seminars for them and, in general terms, when breaches of the law are identified. The Committee would be grateful if the Government would provide information in future reports on the subjects covered in these workshops, the categories of employers and workers for which they are intended and their impact on compliance with legal provisions relating to conditions of work and the protection of workers while engaged in their work.

6. Article 3, paragraph 1(c)). Contribution of the labour inspectorate to improving labour law. The Committee would be grateful if the Government would describe the manner in which labour inspectors influence the development of legislation and provide practical examples.

7. Articles 18 and 5(a). Adequate and effectively enforced penalties and effective cooperation between the inspection services and other institutions. With reference to its previous comments, the Committee hopes that the current amendment of the Labour Code will provide an occasion for the re-evaluation of the financial penalties applicable to those committing infringements and for the streamlining of procedures for the adjustment of the amounts of these penalties so that they can retain a dissuasive effect despite monetary fluctuations.

The Committee notes, according to the information provided by the Government, that judicial procedures are slow due to the heavy workload of the courts. Moreover, as most magistrates have no background in labour law, it is difficult to convince them that an offence has been committed. The Committee wishes to emphasize the need to develop effective cooperation between the inspection services and magistrates with a view to the credibility and effectiveness of the action of the labour inspectorate. It would be grateful if the Government would provide information on any measures adopted in this respect and, where appropriate, provide copies of any relevant texts.

8. Articles 19, 20 and 21. Reports by labour inspectors on their activities and the annual report of the central inspection authority. With reference to its previous comments, the Committee notes that the Government is planning to seek the necessary support to overcome the difficulties preventing district offices from discharging their obligation to provide a monthly report on their activities to the central inspection authority. It hopes that the Government will soon be in a position to publish and communicate to the ILO, in accordance with Article 20, an annual inspection report containing information on the subjects set out in Article 21.

9. Labour inspection and child labour. The Committee notes the study on child labour in Lesotho in 2004, according to which a certain percentage of children work in industries such as mining, construction, extraction and commerce. It requests the Government to provide information on the action of the labour inspection services and the results achieved in the field of child labour in these branches of economic activity.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and the attached structural plan of the inspection services. It also notes the copy provided of the Workmen’s Compensation Act, No. 13 of 1977, and the Public Service Act, No. 1 of 2005. The Committee would be grateful if the Government would provide additional information on the following points.

1. Article 4 of the Convention. Structure of the labour inspection system. According to the Government’s indication in its report in 2003, the system of labour inspection is placed under the supervision and control of the Labour Commissioner. However, the Government has provided two structural plans, one of which is entitled “Proposal 1”. The Committee requests the Government to provide clarifications on the structure and operation of the existing labour inspection system, and the organizational perspectives envisaged.

2. Article 6. Status and conditions of service of labour inspectors. The Committee notes that, under the terms of section 7 of the Public Service Act, 2005, appointment to the public service can also be made on contractual terms or temporary terms. The Committee would be grateful if the Government would indicate whether, as required by Article 6 of the Convention, labour inspectors are ensured, as public officials, of stability of employment and if it would provide details on the conditions governing their career advancement.

According to the Government, the salaries of labour inspectors are mostly dependent on their qualifications, although most of the inspectors are not qualified. However, it envisages the recruitment of more qualified inspectors and the provision of training to those who are not qualified so as to guarantee better payment for all. The Committee hopes that the Government will be in a position to indicate in its next report the measures adopted in this respect and any progress achieved.

3. Articles 2, 23, 24, 10 and 16. Coverage of the labour inspection system, human resources and frequency of inspections. While recognizing that a system of inspection based on complaints is inadequate, the Government indicates that, given the shortage of inspectors, this is the best that can be done. Nevertheless, a system of intergraded inspections has been implemented in which inspectors are being trained so that each inspector has the knowledge and skills to carry out inspections of both general issues and occupational safety and health issues. The Committee notes that the Government is in the process of recruiting 15 inspectors with tertiary qualifications, and that workshops on inspection generally and on integrated inspection were provided for inspectors in April and May 2005, the second of which was an initiative of the ILO/ILSSA project for the improvement of labour systems in southern Africa. The Government is requested to keep the ILO informed of any development relating to the quantitative and qualitative strengthening of the human resources of the labour inspection services and, in particular, to indicate the measures adopted so that routine inspections can be programmed and carried out in all the categories of workplaces covered by the Convention.

4. Article 11. Transport facilities and reimbursement of the professional travelling expenses of labour inspectors. The Committee notes the indication that the public transport system is not well organized and that inspectors are not eager to use it. It further notes that, despite the donation of seven motorcycles to the Ministry of Employment and Labour in 2003 by the SLASA project for the strengthening of labour administration in southern Africa, the lack of means of transport continues to be critical. The Committee notes that, although there is no text providing a legal basis for the reimbursement of the travel expenses of inspectors, claims are made in writing to the accountant, subject to authorization by the supervisor. The Committee hopes that the Government will rapidly take measures for the provision of budgetary allocations to cover transport facilities and travel expenses so as to enable labour inspectors to undertake professional travel.

5. Article 3, paragraph 1(b). Provision of technical information and advice to employers and workers. With reference to its previous comments, the Committee notes the Government’s indication that, although the function of providing technical information and advice to employers and workers is not set out in the law, it is carried out by inspectors in practice, particularly through the holding of short seminars for them and, in general terms, when breaches of the law are identified. The Committee would be grateful if the Government would provide information in future reports on the subjects covered in these workshops, the categories of employers and workers for which they are intended and their impact on compliance with legal provisions relating to conditions of work and the protection of workers while engaged in their work.

6. Article 3, paragraph 1(c)). Contribution of the labour inspectorate to improving labour law. The Committee would be grateful if the Government would describe the manner in which labour inspectors influence the development of legislation and provide practical examples.

7. Articles 18 and 5(a). Adequate and effectively enforced penalties and effective cooperation between the inspection services and other institutions. With reference to its previous comments, the Committee hopes that the current amendment of the Labour Code will provide an occasion for the re-evaluation of the financial penalties applicable to those committing infringements and for the streamlining of procedures for the adjustment of the amounts of these penalties so that they can retain a dissuasive effect despite monetary fluctuations.

The Committee notes, according to the information provided by the Government, that judicial procedures are slow due to the heavy workload of the courts. Moreover, as most magistrates have no background in labour law, it is difficult to convince them that an offence has been committed. The Committee wishes to emphasize the need to develop effective cooperation between the inspection services and magistrates with a view to the credibility and effectiveness of the action of the labour inspectorate. It would be grateful if the Government would provide information on any measures adopted in this respect and, where appropriate, provide copies of any relevant texts.

8. Articles 19, 20 and 21. Reports by labour inspectors on their activities and the annual report of the central inspection authority. With reference to its previous comments, the Committee notes that the Government is planning to seek the necessary support to overcome the difficulties preventing district offices from discharging their obligation to provide a monthly report on their activities to the central inspection authority. It hopes that the Government will soon be in a position to publish and communicate to the ILO, in accordance with Article 20, an annual inspection report containing information on the subjects set out in Article 21.

9. Labour inspection and child labour. The Committee notes the study on child labour in Lesotho in 2004, according to which a certain percentage of children work in industries such as mining, construction, extraction and commerce. It requests the Government to provide information on the action of the labour inspection services and the results achieved in the field of child labour in these branches of economic activity.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report.

Articles 2, 10, 15, 16, 22 and 23 of the Convention. The Committee notes that, due to the lack of human resources, routine inspections are carried out in sectors which traditionally give rise to problems (construction, retail, the leather industry, footwear, textiles and security companies), while parastatal companies and other private companies, such as banks, insurance companies and hotels, are only inspected when complaints are lodged. The Government’s attention is drawn to the urgent need to ensure that workplaces in all the branches of activity covered by the Convention are liable to inspection at any time and not solely when complaints are lodged. Indeed, it is contrary to the Convention to make inspection subject to the existence of a complaint since, in accordance with the letter and the spirit of Article 15(c), the labour inspector is bound to give no intimation to the employer or her or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. This is essential to the effectiveness of the inspection system and to the achievement of its objectives. The situation described in the Government’s report may prove to be prejudicial to the enforcement of the law in workplaces considered not to be problematic. Although risks more directly related to the health and safety of workers are relatively rare in these types of workplaces, it is nevertheless true that failure to comply with legal provisions respecting, among other matters, working time, leave, welfare at work or indeed work by children and young persons may have an indirect although appreciable incidence on occupational safety and health. For this reason, it is necessary for the Government to be able to adopt measures so that both employers and workers are attentive to the fact that an inspection is always possible, even in the absence of any complaint.

With reference to the indication that the recruitment of ten new inspectors is envisaged, the Committee hopes that this measure will take effect in the very near future and that it will enable the inspection services to plan routine inspections in all the categories of workplaces covered by the Convention, although emphasis may nevertheless be placed on inspections of workplaces which are deemed hazardous. The Government is requested to provide information on any progress achieved in this respect.

Articles 3, paragraph 1(a), and 24. The Committee notes the Government’s concern regarding the difficulties of enforcing provisions on working hours in relation to certain categories of workers (security guards, workers in the textile industry in the Leribe district and in the Lesotho Highlands Water Project). The Committee notes that these workers are covered by an exemption, under the terms of the law, from the statutory provisions respecting hours of work applicable to all workers and it notes that, in accordance with the relevant labour standards, the members of the National Advisory Committee on Labour have advocated that security companies should be exempted from section 118 of the Labour Code. The Committee wishes to draw the Government’s attention to the need, in this respect, to ensure that the envisaged derogations only apply to the categories of workers in respect of whom the nature of their work justifies such exemptions, and not to other categories of workers. It hopes that precise instructions will be given to labour inspectors to enable them to exercise effective supervision over the manner in which the exemptions in question are applied.

Article 3, paragraph 1(b) and (c), of the Convention. The Committee would be grateful if the Government would indicate the measures adopted to give effect in law and practice to these provisions, under the terms of which the functions of labour inspectors should include the supply of technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions, as well as functions relating to the improvement of the legislation.

Article 4. The Government is requested to provide a copy of the organigramme of the labour inspection services.

Article 6. Noting the Government’s indication that the low level of the salaries of labour inspectors is the main problem for the recruitment of qualified staff, the Committee hopes that the Government will make every effort to ensure that the conditions of service of labour inspectors are favourable for the effective discharge of their many and complex functions, and independent of any improper external influences. It requests the Government to provide information on these measures and their outcome.

Article 7. The Committee notes that, according to the Government, the lack of training for inspectors constitutes a handicap in the exercise of their functions. However, it notes the indication that labour inspectors benefited for the first time from formal training in October 2003 in the context of the project to strengthen labour administration in southern Africa (ILO/SLASA) and that it is also envisaged that they will now be provided with training not only upon recruitment, but also during employment. The Government is requested to provide detailed information on the practical measures adopted in this respect and on the progress achieved.

The Committee also requests the Government to provide information on the qualifications required for applicants to the position of labour inspector.

Article 8. The Committee would be grateful if the Government would indicate the proportion of women in the staff of the labour inspectorate at each level of responsibility, and whether special duties are assigned to them.

Article 11. The Committee notes that inspection offices do not have computers or databases on the inspections carried out. Noting the indication that travel expenses are reimbursed to inspectors, but that the availability of public transport will be worse, the Committee draws the Government’s attention to the great need for measures to reinforce the material resources and transport facilities of labour inspectors, possibly through recourse to international aid. It requests the Government to provide a copy of the text providing the legal basis for the reimbursement of professional travel expenses to inspectors.

Article 14. The Committee would be grateful if the Government would indicate the cases and manner in which the labour inspectorate is notified of industrial accidents and cases of occupational disease.

Article 17. Please indicate whether and, if so, the manner in which it is ensured that persons who violate the legal provisions enforceable by labour inspectors are liable to prompt legal proceedings. Please also indicate the manner in which effect is given to the provisions of this Article of the Convention.

Article 18. The Committee notes that the amount of the fines applicable for the violations covered by this provision has not been revised since the adoption of the Labour Code in 1993, but that the consultations envisaged by section 42(3) of the Labour Code concerning the need to adjust the levels of fines have been held by the Minister of Employment and Labour. The Government is requested to provide information on the subjects and outcome of these consultations and to provide any related text, where appropriate.

Articles 19, 20 and 21. Noting that the lack of human, material and logistical resources prevents district inspection offices from complying with their obligation to submit a monthly report to the central inspection authority, the Committee would be grateful if the Government would take measures in the near future, where necessary through recourse to international aid, to remedy these difficulties, the persistence of which would irremediably compromise the implementation of the Convention, which largely depends on the capacity of the central authority to prepare the annual report envisaged in Articles 20 and 21.

Labour inspection and child labour. Noting the ratification of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), and observing the announcement on the Government’s Internet site of a study on child labour, the Committee hopes that the Government will not fail to provide information as rapidly as possible on the conclusions of this study and on the participation of labour inspectors in measures to combat child labour.