Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection Convention, 1947 (No. 81) - Zimbabwe (Ratification: 1993)

Other comments on C081

Observation

Direct Request

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The Committee refers the Government to its observation, and wishes to raise the following additional points.

Articles 3(1), 11 and 16 of the Convention. Inadequate material resources available to labour inspectors for the performance of their duties. With reference to its previous comments, the Committee notes that, according to the Government, the major challenge facing effective labour inspection remains that of limited material resources, most notably motor vehicles. The Government adds that in those cases, where inspection is carried out, use of collected data is limited by the non-existence of a labour market information system. The Committee nonetheless notes with interest, that according to information supplied in the report, the Government received seed funding from the Office under a labour administration (inspection) project that seeks to develop a labour inspection toolkit for Zimbabwe and to pilot a computerized labour inspection model in two of the country’s ten provinces. The Committee requests the Government to provide detailed information on the progress of this project, particularly the development of a labour inspection toolkit and the implementation of a computerized labour inspection model in two provinces. The Government is likewise asked to provide information on the initial results of the implementation of this project on the functions of labour inspectors as defined in Article 3(1) and Article 16 of the Convention, and particularly on workplace inspections. It would also be grateful if the Government would send information on the measures taken, including in the context of the abovementioned project, in order to: (a) remedy the lack of transport facilities and provide labour inspectors with the facilities they need to perform their duties, particularly that of inspecting workplaces as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions, in accordance with Article 16 of the Convention; (b) provide labour inspectors, particularly those responsible for occupational safety and health, with the office and technical material and equipment they need in order to perform their duties effectively.

Article 6. Status and conditions of service of labour inspectors. With reference to its previous comments, the Committee notes the Government’s intention to take steps to improve the well-being and working conditions of labour inspectors. It points out in this connection, as it does in paragraph 204 of its 2006 General Survey on Labour Inspection, that it is vital that levels of remuneration and career prospects of inspectors be such that high-quality staff are attracted, retained and protected from any improper influence. The Commitee accordingly repeats its request to the Government to keep the Office informed of any measures taken in practice to gradually improve the conditions of service of labour inspectors. It would, furthermore, be grateful if the Government would provide details of the regulations and conditions of service governing the designated agents of the Employment Councils.

Article 7(3). Training of labour inspectors. The Government indicates, in reply to the Committee’s comments, that under the ILO technical assistance package, the Ministry of Labour held two training workshops in 2013 for labour inspectors on freedom of association and collective bargaining. Some 80 inspectors received training on conciliation, arbitration, freedom of association and collective bargaining. The purpose of the training is to build the capacity of labour inspectors in the course of their work through a deeper understanding of the structures and processes of collective bargaining and the consultative and dialogue processes necessary to give effect to the relevant Conventions. Labour inspectors should be able to undertake more comprehensive labour inspections covering both conditions of work and the normative aspects concerning collective bargaining and freedom of association. The Government nonetheless indicates that it is still too early to fully evaluate the impact of the training on the ground. The training seminars organized for various labour practitioners under the ILO technical assistance package since 2011 have included sensitization on how labour inspectors can use the existing legal framework to facilitate the prosecution of offenders through the justice system, over and above the usual remedial mechanisms of conciliation and arbitration. The Committee requests the Government to continue to provide information on the ongoing training activities provided to labour inspectors, specifying their frequency, the trainers, the number of participants, the subjects covered and their duration. It would also be grateful if the Government would provide a copy of the plan for the training of labour inspectors for the period covered by the next report.

Article 10. Numbers of labour inspectors. The Committee notes with interest the information sent by the Government to the effect that, despite the difficulties it is currently facing, Ministry of Labour inspectors are posted in all provinces while the National Social Security Authority (NSSA) inspectors operate in all provinces of the territory. The Committee requests the Government to keep the Office informed of all developments in the strength of the inspectorate staff and its distribution.

Article 14. Notification to the labour inspectorate of occupational accidents and cases of occupational disease. The Government indicates that all employers, including in the agricultural sector, are required to report to and notify the NSSA of any industrial accident and cases of occupational disease, in accordance with Statutory Instrument 68 of 1990 on Accident Prevention and Workers Compensation, sections 47 and 48. The Committee requests the Government to specify whether labour inspectors likewise receive notification of occupational accidents and cases of occupational disease.