Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Labour law review. Following its previous comment, the Committee notes the Government’s indication in its report that the Labour Draft Bill 2021, that has been developed with the assistance of the ILO, will soon be transmitted to the Office of the Attorney-General for certification upon editing by the Office of Parliamentary Counsel. Taking note of this information, 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.

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. The Committee also noted that a plan of the Ministry of Labour and Employment was meant to provide 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 the Government’s indication that the Ministry of Labour & Employment initially intended to engage 120 labour inspectors, but due to the lack of space to accommodate them and the outbreak of COVID-19, which impacted on the economy of the State, only 14 labour inspectors were engaged on a 3 year basis. The Government indicates that the recruitment of more inspectors is planned, as well as the restructuring of the Ministry.

The Committee further notes that in July 2019, three labour inspectors participated in a Basic Labour Market Training that was held at the African Regional Labour Administration Centre with the purpose to assist the inspectors to appreciate the dynamics of the labour market. In addition, it notes that the Acting Inspections Manager and the Senior Legal Officer underwent a two months online Skills Dimensions of Labour Migration course offered by the ILO. The Committee notes that the Government has not provided a reply in relation to the distribution of functions between the Labour Department and the Occupational Safety and Health Directorate. The Committee requests once again the Government to provide information on the measures taken to improve the organization and coordination of the labour administration system, including on the ministerial restructuring and its impact on the labour administration system. 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. Finally, the Committee requests the Government to continue to provide information on the engagement of additional labour inspectors and on any training given to labour administration staff (subjects covered, numbers of participants, duration and frequency).

Articles 5 and 6. Employment policy and tripartite consultation. Following its previous comment, the Committee notes the Government’s indication that the development of the National Employment Policy has been put on hold. The Government indicates that the Ministry of Labour & Employment advocated for the development of a single labour policy, which would be translated into various strategies, including an employment strategy that would replace the national employment policy. Noting that the adoption of the national employment policy has been pending for many years, the Committee requests the Government to provide information on progress made and obstacles encountered in the adoption and implementation of the national labour policy, including the employment strategy, and to supply a copy once it has been adopted. It also requests the Government to provide information on the consultations held in this regard.

Article 7. Gradual extension of the functions of the labour administration system. The Committee notes that the Government’s report refers to a study on the informal sector, which, however, was not transmitted with the Government report. The Committee requests the Government to indicate how the study on the informal economy will be used to formulate a policy on the extension of the scope of the labour administration system to this sector. It also requests the Government to provide a copy of the study.

Application of the Convention in practice. Following its previous comment, the Committee takes note of the annual report of the Directorate of Dispute Prevention and Resolution (DDPR) (2019–20) sent by the Government with its report. The Committee notes that the DDPR faced two major challenges, namely limited financial resources and the COVID-19 pandemic, resulting in particular in a shortage of human resources and a lack of material resources. In this regard, the Committee notes that, among others, the activities in the area of prevention of disputes, consisting of training workshops, radio programmes and the issuance of educational pamphlets, have been compromised by this lack of resources. It further notes that in the area of dispute resolution, the Department has encountered difficulties due to the limited number of arbitrators, which has increased the number of pending cases, and also due to the grievance that has been lodged as a result of the reduction in their remuneration. It notes, however, that arbitrators who had been working on fixed-term contracts are now on indefinite contracts. The Committee requests the Government to provide information on the measures taken to strengthen the dispute prevention and resolution system and to address the difficulties mentioned. It further requests the Government to continue to furnish extracts of reports or other periodic information provided by the principal labour administration services.