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

The Committee notes the Government’s report received in November 2008 including detailed replies to its previous comments. It notes with interest the judgements by the labour courts of Lesotho on the matters covered by the Convention.

Article 2, paragraphs 4–6. Categories of employed persons excluded from the scope of the Convention. The Committee notes that the Government did not list any categories of worker contemplated in subparagraphs (4) and (5) in its first report. Accordingly, as the Government itself indicates in its latest report, no categories of worker have been excluded from the reach of the Convention. The Committee notes that section 2(1) of the Labour Code applies to all employees except those listed in section 2(2) which refers to the members of the army, the police force, or any other “disciplined force”. It also refers to categories of “public officer” specifically exempted by the minister. The Committee notes that since 2001 it has requested the Government to supply it with information confirming that these categories are provided with the requisite protection afforded by the Convention. In its recent report, it states that there are no provisions giving protection against unfair termination in respect of these categories of employees. The Committee urges the Government to take the necessary steps as a matter of urgency to ensure that these categories of worker are afforded the protections guaranteed by the Convention. The Government is requested to inform in its next report of any such steps taken.