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

The Committee notes the Government’s report received in August 2007 and the appended legislation.

In its previous comments, the Committee referred to recommendations made by the Zimbabwe Congress of Trade Unions (ZCTU) for the effective operation of the labour inspectorate, which included measures to ensure that: competent staff are retained and more staff recruited; working conditions are improved; the provision of resources such as vehicles and office supplies to labour inspectors is given priority; and penalties for non-compliance with the labour legislation continue to act as a deterrent. It noted the Government’s statement that there had been significant progress towards ensuring effective and efficient inspections through the development of an integrated inspectorate. The Government stated that it hoped that with the support of the social partners, the challenges would be overcome.

The Committee notes that in its report on Convention No. 129, the Government has supplied information in response to the above organization’s concerns.

1. Articles 6 and 10 of the Convention. Staff and conditions of service of labour inspectors. According to the Government, recruitment measures have been implemented to fill vacant posts in the inspectorate in order to provide sufficient staff in the ten regions. While providing information about the measures to keep experienced staff in the inspectorate (wage increases, transport subsidies, construction of housing), the Government nevertheless states that the fact that labour inspectors have left their posts in order to take up employment in the private sector has helped to improve application of the legal provisions in the enterprises where they take up work. The Government also supplies statistics on the visits to economic sectors as a whole, which do not allow an assessment of coverage in terms of needs. The Committee hopes that the measures announced by the Government will strengthen the staff of the inspectorate and substantially consolidate their conditions of service so as to ensure that the legal provisions on working conditions and the protection of workers are applied not only in the private enterprises employing former inspectors, but also, in accordance with the Convention, in all workplaces subject to labour inspection. The Government is asked to continue to provide information on the composition and distribution of inspectorate staff responsible for general conditions of work and occupational safety and health, and on the improvement of inspectors’ conditions of service.

2. Article 11. Material facilities for inspection staff. The Government states that, contrary to the assertions of the trade union, inspectors do not use public transport to carry out inspection visits, and that despite the meagre resources available, each service has at least one vehicle for use by inspectors, while those responsible for supervising occupational safety and health have adequate transport to perform their duties. The Government is asked to provide details of the manner in which effect is given to each provision of the abovementioned Article of the Convention, specifying in particular the procedure for refunding labour inspectors’ duty travel costs. Please provide copies of the relevant texts.

3. Article 18. Suitable and effectively applied sanctions. The Committee refers to its previous comments, and notes with interest that in order to take account of monetary inflation, the levels of the units used as a reference for establishing penal sanctions have again been adjusted under Statutory Instrument 134 of 2007 of the Criminal Law Notice, 2007, repealing and replacing the first Standard Scale of Fines established by sections 2 and 280 of the Criminal Law Code. Noting that violations of the fundamental rights of employees are also punishable by imprisonment under Part II, Sections 4 to 7 of the Labour Act, the Committee requests the Government to provide figures showing the number of contraventions reported by inspectors in respect of the subjects covered by the Convention, and the sanctions imposed and effectively applied under these texts.

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