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Also referring to its observation, the Committee draws the Government’s attention to the following issues.
Articles 3(1)(a) and 19 of the Convention. Method of supervision applied during visits to workplaces subject to inspection and reporting to the central authority. In its report the Government indicates that it will provide the previously requested completed samples of inspection forms in due course. The Committee once again requests the Government to transmit completed samples of inspection forms indicating the action taken by labour inspectors where violations have been identified, and to specify the manner in which, and how often, the central inspection authority is informed of the supervisory activities of the inspectors and the action taken thereon.
Article 3(2). Further duties entrusted to labour inspectors. The Government indicates that the separation of the duties of labour inspectors from those of conciliators will be considered in the context of the labour law reform process which is under way. The Committee recalls from its previous comments its opinion that labour inspectors retain a too important role in the overall procedure for dispute settlement. In the current context of resource constraints, such additional duties certainly obstruct the effective discharge of the primary duties conferred on them in accordance with Article 3(1). The Committee once again urges the Government to ensure that labour inspectors are no longer entrusted with conciliation duties, either in law or in practice, and to keep the Office informed of progress made in this regard in the framework of the labour law reform which is under way, in particular as concerns the project to create a body of adjudicators of labour disputes.
Article 13. Powers of injunction of labour inspectors. With reference to the Committee’s previous comments in this regard, the Government indicates that the powers of inspectors are sufficiently wide to include direct injunctions where the health, safety and life of workers is endangered. The Committee once again observes that according to section 6 of the Factories and Works Act, inspectors are entitled to serve injunctions directly on employers where they find the workers’ health to be at risk, only if it is established that the authority to which they are required to notify defects has not taken the necessary steps to eliminate them or to punish the employer in question. The legislation therefore does not provide that measures with immediate executory force may be ordered either directly by the inspectors or, on their recommendation, by the competent authority in the event of imminent danger to the health or safety of the workers. The Committee once again requests the Government to take all necessary measures to supplement the legislation to this effect, in accordance with Article 13(2)(b), including, if necessary, by means of instructions of a regulatory or administrative nature to labour inspectors, to keep the ILO informed of any progress in this respect and to provide copies of any relevant texts.
Articles 6, 10 and 11 of the Convention. The Committee notes that in its brief report received on 21 December 2009, the Government is confined to indicating that the information previously requested by the Committee on the composition and conditions of service of labour inspection staff and the material resources made available to them, is being collected and will be communicated in due course. It also notes the comments made by the Zimbabwe Congress of Trade Unions (ZCTU) in communications dated 29 August 2008 and 21 September 2009 in relation to the scarcity of human and material resources which obstructs the effective exercise of the functions of the labour inspection system. It notes that the Government confirms in its report that resource constraints have hampered the inspection service owing to economic challenges. The Committee also notes that the ILO is to provide a technical assistance package in the areas to be identified by the Government and the social partners. The Committee once again requests the Government to provide information on: (i) the composition and distribution of the inspectorate staff responsible for general conditions of work and occupational safety and health, and on any development with regard to inspectors’ conditions of service; (ii) the manner in which effect is given to each provision of Article 11 of the Convention, specifying in particular the procedure for refunding labour inspectors’ duty travel costs. Please also provide copies of the relevant texts.
Articles 5(a) and 18. Suitable and effectively applied sanctions. In its previous comments, the Committee had welcomed the adjustment of pecuniary penal sanctions to ensure that they maintain a deterrent effect and the possibility of imprisonment for violations of the fundamental rights of employees. The Committee refers in this regard to its general observation of 2007 on the importance of effective cooperation between the labour inspection and the justice system in ensuring the effective enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. In this regard, the Committee notes the conclusions and recommendations of the Commission of Inquiry appointed under article 26 of the ILO Constitution to examine the observance by the Government of Zimbabwe of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), according to which, there are significant gaps in the administration of justice and it is necessary to provide appropriate resources and training to the courts, especially the Labour Court and the key institutions and personnel in the country, in the areas of freedom of association and collective bargaining and human rights more generally [Report of the Commission of Inquiry, December 2009, para. 606(4) and (5)]. The Committee requests the Government to indicate the measures taken or envisaged, including in the framework of the technical assistance package, to strengthen the cooperation between the labour inspection services and the justice system, including through training of labour inspectors and judges on the fundamental rights of workers.
Noting moreover that no reply has been provided in relation to its previous request for statistical data on the contraventions reported by inspectors in respect of the subjects covered by the Convention, and the sanctions imposed and effectively applied in practice, the Committee once again asks the Government to provide this information.
Articles 20 and 21. Annual inspection report. The Committee notes that no annual report on the activities of the labour inspection system, as prescribed by Articles 20 and 21, has been received by the ILO since the ratification of the Convention in 1993. In its report the Government indicates that it has previously sought the assistance of the ILO in order to set up a labour market information system which is a prerequisite to the production of annual reports but this assistance is yet to be availed of. Drawing the Government’s attention to its General Survey of 2006 on labour inspection in which it explains the importance of publishing and communicating to the ILO an annual report on inspection activities, and to Part IV of Labour Inspection Recommendation, 1947 (No. 81) on the manner in which the requisite information might be presented to good effect, the Committee trusts that the Government will ensure that effect is given as rapidly as possible to Articles 20 and 21, and invites the Government to avail itself of technical assistance from the ILO in this regard.
The Committee would be grateful if the Government would report any progress made towards ensuring an effective and efficient labour inspection system with the support of the social partners.
The Committee is raising other points in a request addressed directly to the Government.
The Committee refers the Government to its observation and asks it to provide additional information on the following points.
Article 3, paragraph 1(a), and Article 19 of the Convention. Method of supervision applied during visits to workplaces subject to inspection and reporting to the central authority. Further to its previous comments, the Committee notes with interest that according to section 7 of Statutary Instrument 154 of 2003 (No. 1 of 2003) to apply section 126 of the Labour Relations Act (“Labour Act” since 2002), labour officers may enter an establishment where workers are employed and inspect the premises for conditions of employment, child labour, occupational health and safety, gender and other matters incidental thereto. The Committee notes that attached to the text is an inspection form setting out the method to be followed including the legislative prescriptions to be checked and the comments and action taken, and it would be grateful if the Government would provide duly completed samples of the form indicating the manner in which, and how often, the central inspection authority is informed of these supervisory activities by the inspectors, and would provide information on the action taken thereon.
Article 3, paragraph 2. Further duties entrusted to labour inspectors. In its previous comments, the Committee observed that labour inspectors appeared to retain too important a role in the overall procedure for dispute settlement, and drew the Government’s attention to Part III of Recommendation No. 81, advising that the functions of labour inspectors should not include that of acting as conciliator of arbitrator in proceedings concerning labour disputes. It notes in this context that, according to the Government, the issue of separating roles between labour inspectors and adjudicators of labour disputes is being looked into. The Committee strongly encourages the Government to ensure that such separation is implemented rapidly in both law and in practice to enable labour inspectors to devote themselves fully to the duties conferred on them in accordance with paragraph 1 of this Article, and it would be grateful if it would keep the Office informed of all developments in this regard.
Article 13. Powers of injunction of labour inspectors. The Committee notes that according to section 6 of the Factories and Works Act, inspectors are entitled to serve injunctions directly on employers where they find the workers’ health to be at risk, if it is established that the authority to which they are required to notify defects has not taken the necessary steps to eliminate them or to punish the employer in question. The Committee notes, however, that the legislation does not provide that measures with immediate executory force may be ordered either directly by the inspectors or, on their recommendation, by the competent authority in the event of imminent danger to the health or safety of the workers. The Committee would be grateful if the Government would take steps to supplement the legislation to this effect, in accordance with Article 13, paragraph (2)(b), including, if necessary, by means of instructions of a regulatory or administrative nature to labour inspectors, to keep the ILO informed of any progress in this respect and to provide copies of any relevant texts.
Articles 20 and 21. Annual inspection report. Noting that no annual report on the work of the inspectorate, as prescribed by Articles 20 and 21 of the Convention, has been received by the ILO since ratification of the Convention in 1993, the Committee trusts that the Government will ensure that effect is given as rapidly as possible to these provisions, if necessary with technical assistance from the ILO. It draws the Government’s attention to its General Survey of 2006 on labour inspection in which it explains the advisability of publishing and communication to the ILO of an annual report on inspection activities, and to Part IV of Recommendation No. 81 on the manner in which the requisite information might be presented to good effect.
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.
With reference to its observation, the Committee requests the Government to provide additional information on the following points.
1. Legislation that inspectors are responsible for enforcing. With reference to its 2005 request under Convention No. 170, in relation to the drafting of a new Occupational Safety and Health Act and the related regulations, the Committee would be grateful if the Government would keep the ILO informed of developments in the legislative process and indicate the role to be given to labour inspectors in the enforcement of this legislation.
2. Article 3, paragraph 2, of the Convention. Further duties entrusted to labour inspectors. The Committee notes with interest that section 93 of the Labour Act on the powers of labour officers relating to the settlement of labour disputes was amended in 2003 (on 7 March) and that labour inspectors no longer have the power to make decisions in this respect. Nevertheless, labour inspectors appear to retain an important role in the overall procedure for dispute settlement. With reference to Part III of Recommendation No. 81, under the terms of which the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes, the Committee would be grateful if the Government would consider relieving inspectors of their functions in this respect so as to avoid any risk of a challenge to the authority and impartiality necessary in their relations with employers and workers.
3. Article 12, paragraph 1(b). The Government is requested to indicate whether labour inspectors are empowered to carry out inspections by day in any premises which they may have reasonable cause to believe to be liable to inspection. If so, the Committee requests the Government to indicate the relevant legal provisions.
4. Article 13, paragraph 2. Powers of injunction of labour inspectors. The Committee requests the Government to indicate whether labour inspectors are empowered to make or to have made orders requiring: (i) such alteration to the installation or plant, to be carried out within a specified time limit, as may be necessary to secure compliance with the legal provisions relating to the health or safety of the workers; or (ii) measures with immediate executory force in the event of imminent danger to the health or safety of the workers.
5. Article 18. Level of penalties. The Committee notes with interest that Act No. 6 of 2005, which entered into force in February 2006, introduced an amendment to the Criminal Law, multiplying by five the reference level of fines for breaches of labour laws. It would be grateful if the Government would indicate, in view of the slowness of the procedure for the revision of legislation, the manner in which it is envisaged that the amount of penalties could be updated to maintain their dissuasive nature despite monetary fluctuations.
6. Articles 20 and 21. Annual inspection report. The Committee notes the report for 2004 on activities relating to safety and health. However, it notes that no report on the activities of the labour inspectorate in other fields, containing the statistics required by Article 21, has been provided to the ILO. The Committee hopes that the Government will soon provide the ILO with such a report.
The Committee notes the Government’s report, the information provided in reply to its previous comments, the annual report on the activities of the Occupational Safety and Health Department and the legislation relating to the labour court. It also notes the Government’s reply dated 28 November 2005 to the observations made by the Zimbabwe Congress of Trade Unions (ZCTU), communicated by the ICFTU to the ILO on 6 September 2005.
According to the ZCTU, the regular inspection of workplaces has always been a problem and has resulted in rampant non-compliance with the labour laws, especially by employers. The ZCTU considers that the lack of support from the Government for the labour inspection services through the allocation of human and financial resources constitutes an obstacle to the application of Conventions, and particularly to the adoption of measures to ensure the effective and efficient operation of the Labour Inspection Department.
1. Article 10 of the Convention. Staff of the labour inspection services. In the view of the ZCTU, the Labour Inspection Department has always operated below capacity, with 17 inspectors being expected to cover 1.5 million workers in 13,000 workplaces. Because of the poor working conditions, it is difficult to retain staff, which has affected the implementation of the Convention, the publication of statistics and the preparation of reports on the activities of the inspection services.
2. Article 18. Weakness of the means available to the inspection services. According to the ZCTU, the main weapon of the inspection authorities against non-compliance with the legislation is purely administrative and consists of polite correspondence, making recommendations, occasional inspections, etc. As a result, the inspection system is perceived as being weak and toothless, and employers fail to give serious consideration to the recommendations of labour inspectors. The ZCTU considers that this situation is made worse by the low level of the penalties and fines to which employers are liable.
3. Article 11. Material and logistical resources of the inspection services. The ZCTU criticizes the Government for not providing the labour inspection authorities with adequate resources, such as transport facilities and office supplies. According to the ZCTU, the majority of inspectors use public transport, which considerably limits their effectiveness. As a consequence, inspection is at a minimum level and therefore encourages non-compliance with labour laws. This also explains the non-availability of information and statistics on the level of compliance with labour laws. In general, the ZCTU considers that the application of the Convention in practice is compromised by administrative hurdles and that labour issues are not given priority by the Government.
4. Recommendations for the effective operation of the labour inspectorate. The Committee notes that the ZCTU recommends that the Government adopt 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. While emphasizing that challenges relating to resources and the remuneration of inspectors are not peculiar to Zimbabwe, the Government states that it takes note of these recommendations and indicates that it has made significant progress in maximizing the existing resources for effective and efficient inspections through the development of an integrated inspectorate. It expresses the hope that, with the support of the social partners, who have a role to play in ensuring that the inspection system fulfils its mandate, the challenges will be overcome. The Committee would be grateful if the Government would keep the ILO informed of any development in relation to the recommendations made by the ZCTU and provide any relevant text, document or statistics.
The Committee is addressing a request directly to the Government on certain points.
The Committee notes the Government’s report and the attached documents. Noting the statement indicating that the Act on labour relations was amended and the Government’s reference to various articles of the above Act, the Committee would be grateful if the Government would provide the full text of the Act in its current form.
The Committee notes the Government’s reply to its previous comments. It would be grateful if it would provide additional information on the following points.
Article 3, paragraph 1, of the Convention. The Committee would be grateful if the Government would indicate the measures which have been taken to entrust the system of labour inspection with the functions set out in points (b) and (c) of this provision, namely to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions and to bring to the notice of the competent authorities defects or abuses not specifically covered by existing legal provisions.
Paragraph 2. Noting the information provided by the Government in an earlier report on the role of factory inspectors in the settlement of labour disputes, the Committee would be grateful if it would indicate the measures which have been taken or are envisaged to ensure that the performance of the duties with which they are entrusted in this respect is not such as to interfere with the effective discharge of their primary duties, as set out in Article 3, paragraph 1(a) to (c), or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.
Article 4. The Committee requests the Government to provide a copy of the organigram of the labour inspectorate.
Article 5. With reference to its previous comments, the Committee notes the information that cooperation is promoted between factory inspectors, health and safety officers and designated agents employed by the national employment councils through workshops, seminars and meetings. The Committee requests the Government to provide information on the nature and results of this cooperation.
Article 6. The Committee notes that the national employment councils, which are bodies established by trade unions and employers’ organizations which are duly constituted and registered, designate agents who are entrusted with carrying out labour inspections. It would be grateful if the Government would provide details on the procedures for the designation of these agents and indicate the manner in which their stability of employment and independence of improper external influences is assured, as required by this provision in relation to labour inspection staff.
Articles 8 and 10. Noting that, in the same way as men, women are eligible for employment as inspectors and that they perform the same duties and, in view of the Government’s indication in its report of a forthcoming increase in the numbers of labour inspectors, the Committee requests the Government to indicate the geographical distribution by sex and by grade of the staff of the labour inspectorate.
Articles 11 and 16. Noting the information provided by the Government under Article 11 in successive reports, the Committee would be grateful if it would provide information, firstly, on the geographical distribution, condition, accessibility and equipment of labour inspection premises and, secondly, on the motor vehicles available to inspection services and on the measures which have been taken or are envisaged to resolve the shortage of means of transport and provide inspectors with the facilities necessary for the regular performance of their workplace inspection duties.
Article 12, paragraph 1(a) and (b). The Government is requested to indicate whether labour inspectors and the designated agents of national employment councils are empowered to enter freely by night any workplace liable to inspection and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. If so, the Committee requests the Government to indicate the relevant legal provisions.
Article 12, paragraph 1(c)(iii). The Committee requests the Government to indicate the measures which have been taken to give effect to this provision, which requires that labour inspectors are empowered to enforce the posting of notices required by the legal provisions.
Article 12, paragraph 2. The Committee requests the Government to indicate whether, in accordance with the requirements of this provision, labour inspectors are at liberty, on the occasion of an inspection visit, to refrain from notifying the employer or his representative of their presence where they consider that such a notification may be prejudicial to the effectiveness of the inspection. If not, the Committee would be grateful if it would take the appropriate measures to provide them with this faculty on a legal basis.
Article 15. With reference to its previous comments, and noting that the Government has not provided the information requested on the application of this Article, the Committee requests the Government to do so in its next report, particularly with regard to the provisions of the national legislation which give specific effect to the obligation of labour inspectors not to have any interest in the workplaces under their supervision (point (a)), professional confidentiality (point (b)) and confidentiality as to the source of complaints (point (c)).
Article 17, paragraph 2. Please also provide information on the manner in which effect is given to this provision, under which inspectors may decide to give warning and advice instead of instituting or recommending proceedings.
Articles 20 and 21. Noting that despite the statement that an annual inspection report for 2000 is being compiled, no such reports have yet been received since the ratification of the Convention, the Committee would be grateful if the Government would take the necessary measures in the near future to ensure the publication of such reports by the central labour inspection authority and their transmission to the ILO within the time limits set out in Article 20, and that they include information on each of the matters enumerated in Article 21(a) to (g). The Committee requests the Government to draw the attention of the central labour inspection authority to the guidance provided in this respect in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), with regard to the nature of the information required.
The Committee notes the Government’s reports. It requests the Government to provide further information and clarification on the application of the following provisions of the Convention:
Articles 2, 3, 4, 5 and 10. The Committee notes the information in the Government’s reports that inspection staff is categorized into three groups under different government organizations: labour relations officers of the Department of Labour Relations of the Ministry of Public Service, Labour and Social Welfare; factory inspectors and designated agents of the national employment councils; and factory inspectors of the National Social Security Authority. The Committee would be grateful if the Government would provide detailed information on how the duties related to labour inspection are divided between these categories of inspectors of labour administration bodies as well as on the manner in which cooperation is promoted between them. It also asks the Government to indicate the actual number of each of these categories of inspection staff and particulars of their geographical distribution.
Article 6. The Government reports indicate that labour relations officers are public officials independent of changes of government and of improper external influences. The Committee requests the Government to indicate whether other categories of inspectors, as mentioned above, are also public officials that enjoy the same status.
Article 8. Please indicate whether both men and women are eligible for appointment as inspectors and whether special duties are assigned to men and women inspectors.
Article 12. Please indicate whether inspectors have the powers provided for in the provisions of this Article. If so, please indicate and send copy of any relevant legislation.
Articles 15 and 17. Please provide information on the manner in which effect is given to each of the provisions of these Articles, in accordance with the report form of the Convention.
Articles 20 and 21. The Committee notes that the Government’s reports contain no information on the application of the provisions of these Articles and that no annual report has been received by the ILO. It therefore requests the Government to provide information on how the provisions of these Articles are applied as well as to ensure that copy of annual reports be supplied within the time limits set forth by Article 20(3), and that such reports contain information on all items listed in Article 21.
The Committee would also be grateful if the Government would also send to the ILO copies of the latest versions of all laws and regulations related to the application of the Convention.