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Labour Inspection Convention, 1947 (No. 81) - Malawi (Ratification: 1965)

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour Inspection Convention, 1947 (No. 81) and Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Functions of labour inspectors. The Government indicates in its report that the form used during inspections is currently under review in order to include emerging issues such as migration, sexual harassment and general decent work deficits, among other issues. The Committee takes note of this initiative and refers to its 2022 comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) in which the Committee requested the Government to step up its efforts to increase the capacity of labour inspectors, to prevent, identify and address cases of discrimination in employment and occupation, including sexual harassment. The Committee requests the Government to continue to provide information on the development of a new inspection form and to provide a copy once adopted.
Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Structure of labour inspection system. Central authority entrusted with control and supervisory powers. In reply to Committee’s previous request, the Government indicates that the labour inspection system operates at three levels i.e. district level, regional level and headquarters level. The Committee notes that labour inspections are conducted by labour officers/inspectors who fall under the Department of Labour Services of the Ministry of Labour and are present at all levels, and specialized occupational safety and health (OSH) inspectors who are under the Directorate of Occupational Safety and Health of the Ministry of Labour and are present at regional and headquarters level. The Government indicates that field officers who perform inspections report to the Regional Labour Officer who reports to the Labour Commissioner every three months. The Committee notes the Government’s indication that the Ministry of Labour has embarked on a comprehensive functional review of its structure which will aim to establish a stand-alone labour inspectorate department. The Committeerequests the Government to provide information on the developments concerning the functional review of the Ministry, including on the new structure of the labour inspection system and the way it is ensured that a central authority is entrusted with control and supervisory powers in the labour inspection system.
Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service. In reply to Committee’s previous request, the Government indicates that labour officers/inspectors are part of the civil service and are thus governed by the Malawi Public Service Regulations. In this respect, the Committee takes note of the detailed information provided regarding their recruitment process, including their selection and appointment. With regard to qualifications, the Government indicates that labour officers/inspectors are recruited from various disciplines at bachelor’s degree level. In addition, OSH inspectors/officers are recruited from the following disciplines at bachelor’s degree level: Chemistry, Biology, Mechanical Engineering, Civil Engineering, Electrical Engineering, Public Health and Environmental Health. Taking note of this information, the Committee requests the Government to provide further information on the conditions of service of labour inspectors, particularly related to remuneration (including salary and benefits) and career prospects, in comparison to public servants exercising similar functions within other government services, such as tax inspectors and police.
Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Recruitment, qualifications and training of labour inspectors. The Committee notes that the Government provides detailed information on the training provided to newly recruited labour inspectors, including by the Africa Regional Labour Administration Centre for the period 2018–23, the subjects covered, number of participants, and dates of sessions. It also notes the Government’s indication that some labour inspectors would be trained on strategic compliance planning with funding from the ILO. However, the Committee notes that the Government does not provide information on the provision of training for labour inspectors in the agricultural sector in particular. The Committee once again requests the Government to provide information on the provision of adequate training for labour inspectors for the performance of their duties in the agricultural sector.
Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Adequate human and material resources. In reply to the Committee’s previous request, the Government indicates that there are ten OSH inspectors: three based at the head office, three based at the Central Region Office, two at the Northern Region Office and two at the Southern Region Office, while there are no OSH inspectors at district level. The Committee notes that there is only one woman among the ten OSH inspectors. With regard to labour officers/inspectors, the Government indicates that there are 77 officers (27 of them are women), spread throughout the country including at district level. With regard to material resources, the Committee notes that the Government has provided general information on resources placed at the disposal of labour administration in its report under Convention No. 150, but no information is available specifically with regard to labour inspection. The Committee requests the Government to continue to provide detailed information on the number of OSH and labour inspectors, disaggregated by gender, and provide specific information on the number of inspectors assigned to the agricultural sector. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the labour inspection services have sufficient human resources necessary for their operation, including measures taken to increase the number of OSH inspectors. The Committee requests the Government to provide detailed information with regard to material resources allocated to the labour inspectorate (including its budget, IT equipment, vehicles available, etc.) and to indicate the measures taken or envisaged to ensure that the labour inspection services have sufficient material resources necessary for their operation.

Labour Administration Convention, 1978 (No. 150)

Articles 1 and 4 of the Convention. Organization, and effective operation of the labour administration system. The Committee notes that the Government does not provide information with regard to functional review of the Ministry of Labour. The Committee requests the Government to provide information concerning the organization and effective operation of the labour administration system, in the context of the functional review of the Ministry of Labour.
Article 6(1) and (2)(a). National labour policy and national employment policy. In its previous comments, the Committee noted the adoption, in 2017, of the National Employment and Labour Policy and requested the Government to provide information on its implementation. The Committee notes that the Government’s report does not contain information in this respect. The Committee requests the Government to provide information on the administration, co-ordination, checking and review of the National Employment and Labour Policy, as well as on any new policy subsequently adopted, indicating the role of the relevant bodies involved in the process.
Article 10. Human resources and material means necessary for the operation of the labour administration system. In reply to the Committee’s previous request, the Government indicates that there are currently 723 staff exercising functions in the area of labour administration within the Ministry of Labour. These include labour officer/inspectors, workers compensation officers, occupational, safety and health officers, research and planning officers and trade testing officers. The Committee notes that the Government provides monthly funding to these officers to execute their day-to-day duties, which includes stationery and fuel, among others. However, due to low funding levels, the Government indicates that development partners, through various projects, often provide a cushion to ensure that performance levels are not heavily affected, although mobility challenges prevail. The Committee requests the Government to continue its efforts to reinforce the material and financial resources made available to the labour administration services and to provide more information on the material means currently available to labour administration staff for the performance of their duties. Regarding resources allocated to labour inspection in particular, the Committee refers the Government to its comments above concerning Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
Articles 14, 20 and 21 of Convention No. 81 and Articles 19, 26 and 27 of Convention No. 129. Annual report on labour inspection activities. Notification of occupational accidents and diseases to the labour inspection services. In reply to the Committee’s previous request, the Government expresses its commitment to submit annual labour inspection reports as required by the Conventions and indicates that the Ministry is in the process of developing a Labour Market Information System which will assist in information management. While taking note of this information, the Committee notes that no annual labour inspection report has been received. The Committee notes that the Government provides statistics on the activities conducted by occupational safety and health inspectors such as number of inspection visits and number of occupational accidents. With regard to measures taken to improve the notification of cases of occupational diseases to the labour inspectorate, the Government indicates that it aims to continue to raise awareness through capacity building as well as during labour inspections with regard to the requirement of notification of cases of occupational diseases to the labour inspectorate. However, the Committee notes that the Government has not provided any information with regard to the number of occupational diseases reported. The Committee requests the Government to take the necessary measures to ensure that the labour inspection report is published and transmitted to the ILO, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129 and that such report contains information on all the subjects listed in Article 21 (a)–(g) of Convention No. 81 and Article 27 (a)–(g) of Convention No. 129. Noting the lack of information with regard to occupational diseases, the Committee requests the Government to continue taking measures to improve the notification of cases of occupational diseases to the labour inspectorate, in accordance with Articles 14 of Convention No. 81 and 19 of Convention No. 129 and to provide the relevant statistics in the labour inspection report.

Issues specifically concerning labour inspection in agriculture.

Articles 3 and 21 of Convention No. 129. Labour inspection system in agriculture. Inspection visits. In its previous comments, the Committee noted that although a significant proportion of workers are engaged in the agricultural sector, there are no reliable statistics on the number of inspections carried out in agriculture and that in the recent past, there had been no violations detected and no penalties imposed. The Committee notes that the Government does not provide updated information on the matter. The Committee also recalls that under its 2022 comments on the Occupational Safety and Health Convention, 1981 (No. 155), on the Safety and Health in Agriculture Convention, 2001 (No. 184) and on the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), it noted the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations, received in 2021 and 2022, according to which a number of women working in tea plantations and macadamia nuts orchards have been subjected to gender-based violence, including rape and sexual harassment. The Committee requests the Government to take measures to strengthen the labour inspection system in agriculture and ensure that inspections take place in the agricultural sector as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, and to report in detail on the results of such inspections including the number and nature of violations found and any sanctions imposed.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.
A.Labour inspection
Articles 4, 6, 7, 10 and 11 of the Convention No. 81 and Articles 7, 8, 9, 14 and 15 of the Convention No. 129. Establishment of a central authority entrusted with control and supervisory powers in the labour inspection system. Adequate human and material resources. The Committee previously requested the Government to take measures to secure an inspection system operating under the supervision and control of a central authority that is provided with adequate human resources in terms of both numbers and skills and the material conditions necessary for the exercise of its functions. The Committee notes the Government’s response in its report that in 2016, 22 labour inspectors were recruited and have been deployed to various district labour offices in the country. The Committee also notes the Government’s indication in its report on Convention No. 150 that trainings have been provided to newly recruited and existing staff on labour inspection issues. It further notes that the Government is seeking technical assistance from the ILO with a view to providing the newly recruited labour inspectors with basic labour inspection training. In addition, it notes that some staff underwent training on the ILO approach to strategic compliance model planning. The Committee requests the Government to provide information on the structure of the labour inspection system, including an organizational chart, if available, and to provide information on the status and conditions of services of labour inspectors including recruitment procedures, qualifications for the positions, and status in comparison to other civil servants. The Committee further encourages the Government to pursue its efforts towards strategic planning and ensuring that the labour inspectorate has the human and material resources necessary for the effective performance of its duties. It requests the Government to provide information on measures taken in this regard and to provide information on the total number of labour inspectors, their distribution across districts, and the training provided to them, including dates and subjects covered for each training session and number of inspectors attending each session. The Committee notes the Government’s request for technical assistance from the Office and firmly hopes that this assistance will be provided in the near future.
Articles 14, 20 and 21 of the Convention No. 81 and Articles 19, 26 and 27 of the Convention No. 129. Annual report on labour inspection activities notification of occupational accidents and diseases to the labour inspection services. The Committee notes the Government’s indication in response to its previous request concerning the inclusion of information on the agricultural sector in the annual labour inspection report, that the general annual labour report is published without specifying inspections undertaken in the agricultural sector. The Government indicates that statistics on agricultural undertakings liable to inspection and on the number of workers in the sector are not up to date and that there are no reliable statistics on the number of inspections carried out in agriculture. The Committee also takes due note of the statistical information provided by the Government, in its report related to occupational accidents and occupational safety and health violations, indicating that the majority of accidents in the 2016–2017 and 2017–2018 financial years, occurred in the manufacturing industry and the tobacco farming sector. The Government also indicates that only one suspected occupational disease in the tobacco industry was reported to the Directorate of Occupational Safety and Health within the 2017/2018 financial year. Noting the Government’s indication that an annual labour inspection report is published, the Committee requests the Government to ensure that the report is transmitted to the ILO, in accordance withArticles 20 of Convention No. 81 and 26 of Convention No. 129,The Committee encourages the Government to pursue its efforts to ensure that future annual inspection reports contain complete information on all the subjects listed in Articles 21 of Convention No. 81 and 27 of Convention No. 129, including the number of inspections carried out in the agricultural sector. It also encourages the Government to provide information on any measures taken or envisaged to improve the notification of cases of occupational diseases to the labour inspectorate, in accordance with Articles 14 of Convention No. 81 and 19 of Convention No. 129.
Issues specifically concerning labour inspection in agriculture
Articles 3, 6, 9 and 21 of Convention No. 129. Functions of the labour inspection system in agriculture, training of labour inspectors in agriculture and inspection visits. In its previous comment, the Committee noted that the agricultural sector provided a livelihood to 80 per cent of the population.The Committee notes the Government’s indication that there are no reliable statistics on the number of inspections carried out in agriculture and that in the recent past, there have been no violations detected and no penalties imposed. It notes, however, the Government’s indication that from 2016 to 2018, the agricultural sector (tobacco) reported the third most occupational accidents, after manufacturing and construction. Noting the significant proportion of workers engaged in the agricultural sector, the Committee requests the Government to provide further information on the measures taken to strengthen the labour inspection system in agriculture, with particular attention to the tobacco sector. It requests the Government to provide information on the provision of adequate training for labour inspectors for the performance of their duties in the agricultural sector as well as on the measures taken to ensure that inspections take place in the agricultural sector as often and as thoroughly as is necessary to ensure the effective application of the relevant legislation.
B.Labour administration
Labour Administration Convention, 1978 (No. 150)
Articles 1, 4, 5 and 6 of the Convention. Organization, functioning of the labour administration system and preparation of a national labour policy. The Committee previously requested information on the progress made in the adoption of the national employment and labour policy. In this respect, the Committee notes with interest the adoption, in 2017, of the National Employment and Labour Policy. The Committee notes that the policy was developed in consultation with the social partners and that it aims to provide a framework to promote productive and decent employment in the economy and increase compliance with labour standards by employers, investors and workers. It focuses on ten priority areas. The Committee further notes the organizational chart of the labour administration system provided by the Government with its report, in response to the Committee’s previous request. Lastly, it notes the Government’s indication, in response to the Committee’s previous request, that a functional review of the Ministry of Labour has yet to be done and that it will inform the Office accordingly. The Committee requests the Government to continue to provide information on any measures taken or envisaged with a view to undertaking a functional review of the Ministry of Labour and to provide information on the implementation of the National Employment and Labour Policy
Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee notes the information provided by the Government concerning consultations with the social partners related to the National Employment and Labour Policy. The Committee also notes the information provided by the Government in its report on the application of Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), on tripartite consultations on international labour standards. In this respect, it refers to its observations on the application of Convention No. 144.
Article 10. Human resources and material means necessary for the operation of the labour administration system. Following its previous comment, the Committee notes the Government’s indication that the labour administration is present in the 29 districts of the country, which facilitates the population’s access to labour administration services. The Committee notes that, for the 2018/2019 financial years, two training courses varying from 3 to 5 days were provided to officers of the labour administration with technical and financial assistance from the ILO Country Office and the Decent Work Team in Pretoria. In this regard, it notes that trainings have also been provided to newly recruited and existing staff of the labour administration on the following areas: child labour, conflict management and settlement of labour complaints and disputes, labour inspection, management of public employment services and overview of labour laws. The Committee further notes the detailed information provided concerning the financial resources available to the labour administration staff for the performance of their duties during the 2017/2018 and 2018/2019 financial years. The Committee requests the Government to provide information on the number of staff exercising functions in the area of labour administration and to provide further information on the material means currently available to labour administration staff for the performance of their duties.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.
A. Labour inspection
Articles 4, 6, 7, 10 and 11 of the Convention No. 81 and Articles 7, 8, 9, 14 and 15 of the Convention No. 129. Establishment of a central authority entrusted with control and supervisory powers in the labour inspection system. Adequate human and material resources. The Committee previously requested the Government to take measures to secure an inspection system operating under the supervision and control of a central authority that is provided with adequate human resources in terms of both numbers and skills and the material conditions necessary for the exercise of its functions. The Committee notes the Government’s response in its report that in 2016, 22 labour inspectors were recruited and have been deployed to various district labour offices in the country. The Committee also notes the Government’s indication in its report on Convention No. 150 that trainings have been provided to newly recruited and existing staff on labour inspection issues. It further notes that the Government is seeking technical assistance from the ILO with a view to providing the newly recruited labour inspectors with basic labour inspection training. In addition, it notes that some staff underwent training on the ILO approach to strategic compliance model planning. The Committee requests the Government to provide information on the structure of the labour inspection system, including an organizational chart, if available, and to provide information on the status and conditions of services of labour inspectors including recruitment procedures, qualifications for the positions, and status in comparison to other civil servants. The Committee further encourages the Government to pursue its efforts towards strategic planning and ensuring that the labour inspectorate has the human and material resources necessary for the effective performance of its duties. It requests the Government to provide information on measures taken in this regard and to provide information on the total number of labour inspectors, their distribution across districts, and the training provided to them, including dates and subjects covered for each training session and number of inspectors attending each session. The Committee notes the Government’s request for technical assistance from the Office and firmly hopes that this assistance will be provided in the near future.
Articles 14, 20 and 21 of the Convention No. 81 and Articles 19, 26 and 27 of the Convention No. 129. Annual report on labour inspection activities notification of occupational accidents and diseases to the labour inspection services. The Committee notes the Government’s indication in response to its previous request concerning the inclusion of information on the agricultural sector in the annual labour inspection report, that the general annual labour report is published without specifying inspections undertaken in the agricultural sector. The Government indicates that statistics on agricultural undertakings liable to inspection and on the number of workers in the sector are not up to date and that there are no reliable statistics on the number of inspections carried out in agriculture. The Committee also takes due note of the statistical information provided by the Government, in its report related to occupational accidents and occupational safety and health violations, indicating that the majority of accidents in the 2016–2017 and 2017–2018 financial years, occurred in the manufacturing industry and the tobacco farming sector. The Government also indicates that only one suspected occupational disease in the tobacco industry was reported to the Directorate of Occupational Safety and Health within the 2017/2018 financial year. Noting the Government’s indication that an annual labour inspection report is published, the Committee requests the Government to ensure that the report is transmitted to the ILO, in accordance with Articles 20 of Convention No. 81 and 26 of Convention No. 129, The Committee encourages the Government to pursue its efforts to ensure that future annual inspection reports contain complete information on all the subjects listed in Articles 21 of Convention No. 81 and 27 of Convention No. 129, including the number of inspections carried out in the agricultural sector. It also encourages the Government to provide information on any measures taken or envisaged to improve the notification of cases of occupational diseases to the labour inspectorate, in accordance with Articles 14 of Convention No. 81 and 19 of Convention No. 129.
Issues specifically concerning labour inspection in agriculture
Articles 3, 6, 9 and 21 of Convention No. 129. Functions of the labour inspection system in agriculture, training of labour inspectors in agriculture and inspection visits. In its previous comment, the Committee noted that the agricultural sector provided a livelihood to 80 per cent of the population. The Committee notes the Government’s indication that there are no reliable statistics on the number of inspections carried out in agriculture and that in the recent past, there have been no violations detected and no penalties imposed. It notes, however, the Government’s indication that from 2016 to 2018, the agricultural sector (tobacco) reported the third most occupational accidents, after manufacturing and construction. Noting the significant proportion of workers engaged in the agricultural sector, the Committee requests the Government to provide further information on the measures taken to strengthen the labour inspection system in agriculture, with particular attention to the tobacco sector. It requests the Government to provide information on the provision of adequate training for labour inspectors for the performance of their duties in the agricultural sector as well as on the measures taken to ensure that inspections take place in the agricultural sector as often and as thoroughly as is necessary to ensure the effective application of the relevant legislation.
B. Labour administration
Labour Administration Convention, 1978 (No. 150)
Articles 1, 4, 5 and 6 of the Convention. Organization, functioning of the labour administration system and preparation of a national labour policy. The Committee previously requested information on the progress made in the adoption of the national employment and labour policy. In this respect, the Committee notes with interest the adoption, in 2017, of the National Employment and Labour Policy. The Committee notes that the policy was developed in consultation with the social partners and that it aims to provide a framework to promote productive and decent employment in the economy and increase compliance with labour standards by employers, investors and workers. It focuses on ten priority areas. The Committee further notes the organizational chart of the labour administration system provided by the Government with its report, in response to the Committee’s previous request. Lastly, it notes the Government’s indication, in response to the Committee’s previous request, that a functional review of the Ministry of Labour has yet to be done and that it will inform the Office accordingly. The Committee requests the Government to continue to provide information on any measures taken or envisaged with a view to undertaking a functional review of the Ministry of Labour and to provide information on the implementation of the National Employment and Labour Policy
Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee notes the information provided by the Government concerning consultations with the social partners related to the National Employment and Labour Policy. The Committee also notes the information provided by the Government in its report on the application of Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), on tripartite consultations on international labour standards. In this respect, it refers to its observations on the application of Convention No. 144.
Article 10. Human resources and material means necessary for the operation of the labour administration system. Following its previous comment, the Committee notes the Government’s indication that the labour administration is present in the 29 districts of the country, which facilitates the population’s access to labour administration services. The Committee notes that, for the 2018/2019 financial years, two training courses varying from 3 to 5 days were provided to officers of the labour administration with technical and financial assistance from the ILO Country Office and the Decent Work Team in Pretoria. In this regard, it notes that trainings have also been provided to newly recruited and existing staff of the labour administration on the following areas: child labour, conflict management and settlement of labour complaints and disputes, labour inspection, management of public employment services and overview of labour laws. The Committee further notes the detailed information provided concerning the financial resources available to the labour administration staff for the performance of their duties during the 2017/2018 and 2018/2019 financial years. The Committee requests the Government to provide information on the number of staff exercising functions in the area of labour administration and to provide further information on the material means currently available to labour administration staff for the performance of their duties.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.
A. Labour Inspection
Articles 4, 6, 7, 10 and 11 of the Convention No. 81 and Articles 7, 8, 9, 14 and 15 of the Convention No. 129. Establishment of a central authority entrusted with control and supervisory powers in the labour inspection system. Adequate human and material resources. The Committee previously requested the Government to take measures to secure an inspection system operating under the supervision and control of a central authority that is provided with adequate human resources in terms of both numbers and skills and the material conditions necessary for the exercise of its functions. The Committee notes the Government’s response in its report that in 2016, 22 labour inspectors were recruited and have been deployed to various district labour offices in the country. The Committee also notes the Government’s indication in its report on Convention No. 150 that trainings have been provided to newly recruited and existing staff on labour inspection issues. It further notes that the Government is seeking technical assistance from the ILO with a view to providing the newly recruited labour inspectors with basic labour inspection training. In addition, it notes that some staff underwent training on the ILO approach to strategic compliance model planning. The Committee requests the Government to provide information on the structure of the labour inspection system, including an organizational chart, if available, and to provide information on the status and conditions of services of labour inspectors including recruitment procedures, qualifications for the positions, and status in comparison to other civil servants. The Committee further encourages the Government to pursue its efforts towards strategic planning and ensuring that the labour inspectorate has the human and material resources necessary for the effective performance of its duties. It requests the Government to provide information on measures taken in this regard and to provide information on the total number of labour inspectors, their distribution across districts, and the training provided to them, including dates and subjects covered for each training session and number of inspectors attending each session. The Committee notes the Government’s request for technical assistance from the Office and firmly hopes that this assistance will be provided in the near future.
Articles 14, 20 and 21 of the Convention No. 81 and Articles 19, 26 and 27 of the Convention No. 129. Annual report on labour inspection activities notification of occupational accidents and diseases to the labour inspection services. The Committee notes the Government’s indication in response to its previous request concerning the inclusion of information on the agricultural sector in the annual labour inspection report, that the general annual labour report is published without specifying inspections undertaken in the agricultural sector. The Government indicates that statistics on agricultural undertakings liable to inspection and on the number of workers in the sector are not up to date and that there are no reliable statistics on the number of inspections carried out in agriculture. The Committee also takes due note of the statistical information provided by the Government, in its report related to occupational accidents and occupational safety and health violations, indicating that the majority of accidents in the 2016–2017 and 2017–2018 financial years, occurred in the manufacturing industry and the tobacco farming sector. The Government also indicates that only one suspected occupational disease in the tobacco industry was reported to the Directorate of Occupational Safety and Health within the 2017/2018 financial year. Noting the Government’s indication that an annual labour inspection report is published, the Committee requests the Government to ensure that the report is transmitted to the ILO, in accordance with Articles 20 of Convention No. 81 and 26 of Convention No. 129, The Committee encourages the Government to pursue its efforts to ensure that future annual inspection reports contain complete information on all the subjects listed in Articles 21 of Convention No. 81 and 27 of Convention No. 129, including the number of inspections carried out in the agricultural sector. It also encourages the Government to provide information on any measures taken or envisaged to improve the notification of cases of occupational diseases to the labour inspectorate, in accordance with Articles 14 of Convention No. 81 and 19 of Convention No. 129.
Issues specifically concerning labour inspection in agriculture
Articles 3, 6, 9 and 21 of Convention No. 129. Functions of the labour inspection system in agriculture, training of labour inspectors in agriculture and inspection visits. In its previous comment, the Committee noted that the agricultural sector provided a livelihood to 80 per cent of the population. The Committee notes the Government’s indication that there are no reliable statistics on the number of inspections carried out in agriculture and that in the recent past, there have been no violations detected and no penalties imposed. It notes, however, the Government’s indication that from 2016 to 2018, the agricultural sector (tobacco) reported the third most occupational accidents, after manufacturing and construction. Noting the significant proportion of workers engaged in the agricultural sector, the Committee requests the Government to provide further information on the measures taken to strengthen the labour inspection system in agriculture, with particular attention to the tobacco sector. It requests the Government to provide information on the provision of adequate training for labour inspectors for the performance of their duties in the agricultural sector as well as on the measures taken to ensure that inspections take place in the agricultural sector as often and as thoroughly as is necessary to ensure the effective application of the relevant legislation.

B. Labour Administration

Labour Administration Convention, 1978 (No. 150)

Articles 1, 4, 5 and 6 of the Convention. Organization, functioning of the labour administration system and preparation of a national labour policy. The Committee previously requested information on the progress made in the adoption of the national employment and labour policy. In this respect, the Committee notes with interest the adoption, in 2017, of the National Employment and Labour Policy. The Committee notes that the policy was developed in consultation with the social partners and that it aims to provide a framework to promote productive and decent employment in the economy and increase compliance with labour standards by employers, investors and workers. It focuses on ten priority areas. The Committee further notes the organizational chart of the labour administration system provided by the Government with its report, in response to the Committee’s previous request. Lastly, it notes the Government’s indication, in response to the Committee’s previous request, that a functional review of the Ministry of Labour has yet to be done and that it will inform the Office accordingly. The Committee requests the Government to continue to provide information on any measures taken or envisaged with a view to undertaking a functional review of the Ministry of Labour and to provide information on the implementation of the National Employment and Labour Policy
Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee notes the information provided by the Government concerning consultations with the social partners related to the National Employment and Labour Policy. The Committee also notes the information provided by the Government in its report on the application of Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), on tripartite consultations on international labour standards. In this respect, it refers to its observations on the application of Convention No. 144.
Article 10. Human resources and material means necessary for the operation of the labour administration system. Following its previous comment, the Committee notes the Government’s indication that the labour administration is present in the 29 districts of the country, which facilitates the population’s access to labour administration services. The Committee notes that, for the 2018/2019 financial years, two training courses varying from 3 to 5 days were provided to officers of the labour administration with technical and financial assistance from the ILO Country Office and the Decent Work Team in Pretoria. In this regard, it notes that trainings have also been provided to newly recruited and existing staff of the labour administration on the following areas: child labour, conflict management and settlement of labour complaints and disputes, labour inspection, management of public employment services and overview of labour laws. The Committee further notes the detailed information provided concerning the financial resources available to the labour administration staff for the performance of their duties during the 2017/2018 and 2018/2019 financial years. The Committee requests the Government to provide information on the number of staff exercising functions in the area of labour administration and to provide further information on the material means currently available to labour administration staff for the performance of their duties.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.
Repetition
Articles 4(1), 6, 7, 10 and 11 of the Convention. Establishment of a central authority entrusted with control and supervisory powers in the labour inspection system. Adequate human and material resources. The Committee previously noted the findings of a 2006 audit conducted by the ILO, recommending the creation of a special unit for labour inspections or the strengthening of the existing ones at the Ministry of Labour (MoL). The audit noted that there was considerable room for improvement, in particular in policy, planning, management procedures, communications, equipment and training. It noted the Government’s indications that the recommendations made following the audit remained yet to be implemented due to the delay in the functional review of the MoL. In this regard, the Committee notes the Government’s statement that its full implementation has been somewhat delayed and has been done in a phased manner due to resource constraints. The Committee further notes the Government’s statement in its report that additional ILO technical assistance has been requested for a second functional review of the MoL in light of the many developments that have taken place since the 2006 review. The Committee once again requests the Government to take all the necessary measures to secure an inspection system operating under the supervision and control of a central authority (Article 4 of the Convention) that is provided with adequate human resources in terms of both numbers and skills (Articles 6, 7 and 10) and the material conditions necessary for the exercise of its functions in relation to labour inspections (Article 11). The Committee also requests the Government to provide details on the measures taken in this regard, including with ILO technical assistance.
Articles 20 and 21. Annual report on labour inspection activities. The Committee notes the information provided in the Government’s report related to the number of labour inspections undertaken in 2011, 2012 and 2013 and measures taken to address violations related to child labour, and withdrawal of children and link them to appropriate services. The Committee requests the Government to take measures to ensure that future annual inspection reports contain complete information on all the subjects listed in Articles 21(a)–(g), including on the staff of the labour inspections service, statistics of workplaces liable to inspection and the number of workers employed therein, as well as statistics on industrial accidents and cases of occupational disease, and data on violations detected and penalties imposed.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 4(1), 6, 7, 10 and 11 of the Convention. Establishment of a central authority entrusted with control and supervisory powers in the labour inspection system. Adequate human and material resources. The Committee previously noted the findings of a 2006 audit conducted by the ILO, recommending the creation of a special unit for labour inspections or the strengthening of the existing ones at the Ministry of Labour (MoL). The audit noted that there was considerable room for improvement, in particular in policy, planning, management procedures, communications, equipment and training. It noted the Government’s indications that the recommendations made following the audit remained yet to be implemented due to the delay in the functional review of the MoL. In this regard, the Committee notes the Government’s statement that its full implementation has been somewhat delayed and has been done in a phased manner due to resource constraints. The Committee further notes the Government’s statement in its report that additional ILO technical assistance has been requested for a second functional review of the MoL in light of the many developments that have taken place since the 2006 review. The Committee once again requests the Government to take all the necessary measures to secure an inspection system operating under the supervision and control of a central authority (Article 4 of the Convention) that is provided with adequate human resources in terms of both numbers and skills (Articles 6, 7 and 10) and the material conditions necessary for the exercise of its functions in relation to labour inspections (Article 11). The Committee also requests the Government to provide details on the measures taken in this regard, including with ILO technical assistance.
Articles 20 and 21. Annual report on labour inspection activities. The Committee notes the information provided in the Government’s report related to the number of labour inspections undertaken in 2011, 2012 and 2013 and measures taken to address violations related to child labour, and withdrawal of children and link them to appropriate services. The Committee requests the Government to take measures to ensure that future annual inspection reports contain complete information on all the subjects listed in Articles 21(a)–(g), including on the staff of the labour inspections service, statistics of workplaces liable to inspection and the number of workers employed therein, as well as statistics on industrial accidents and cases of occupational disease, and data on violations detected and penalties imposed.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that that Government’s report has not been received. It must therefore repeat its previous comments.
Repetition
Article 4(1) of the Convention. Need to re-establish a central authority entrusted with control and supervisory powers in the labour inspection system. The Committee notes the Government’s indications according to which the recommendations following an ILO technical assistance mission in 2006 in a corresponding audit (labour inspection audit 2006) remain yet to be implemented due to the delay in the functional review of the Ministry of Labour (MoL). The Government reiterates its commitment for the implementation of the recommendations in the labour inspection audit 2006 (in a phased manner) and refers to the recent appointment of a Chief Labour Officer, who will head and coordinate the inspectorate department of the MoL, as part of the recommendations for the re-establishment of a central labour inspection authority. However, the Government does not provide any further details with regard to the abovementioned implementation phases, nor does it provide any information with regard to the measures it announced in its report communicated to the ILO in 2007.
The Committee recalls that one of the central recommendations of the technical assistance mission concerned the creation of a special unit for labour inspections or the strengthening of the existing ones at the MoL (currently, there is one department in charge of occupational safety and health (OSH) inspections, and one in charge of general labour conditions) in order to allow it to play a more important role in the setting of annual targets, the monitoring of performance by both the field and headquarters and the evaluation of the quality of inspections. In this regard, the Committee recalls from its previous observations that the budgeting and funding of labour inspection in the country is decentralized in such a manner that each office is allocated funds directly by the Treasury according to the latter’s priorities. Consequently, offices with motorcycles or motor vehicles cover fuel and maintenance, while the Ministry only receives reports on the activities performed. Based on this information, the Committee observed that the very notion of a central labour inspection authority seems to have become devoid of all substance, as the Ministry’s only residual role consists of receiving activity reports from labour inspection offices, without any power to determine the needs of the labour inspection services in terms of financial and material resources with a view to their proper operation.
The Committee further recalls the findings of the labour inspection audit 2006, which indicated that there were no inherent or structural barriers for the operation of an effective and efficient labour inspection service; and that there was considerable room for improvement, in particular in policy, planning, management procedures, communications, equipment and training, and that this could be done by rationalizing, streamlining and consolidating the inspection functions in the field structure with minimal added financial resources. The Committee finally recalls that the labour inspection audit 2006 recommended that a high-level Departmental Working Group (DWG) comprising all relevant units at the MoL be entrusted with the follow-up of these recommendations.
Referring to its reiterated requests in this regard, the Committee urges the Government, once again, to provide details of the announced measures and steps as a follow-up to the recommendations in the labour inspection audit 2006.
Please indicate whether a committee or working group has been entrusted with the follow-up to these recommendations and provide information on the association of the social partners in this process.
The Committee once again urges the Government to adopt all the necessary measures to secure an inspection system operating under the supervision and control of a central authority (Article 4) that is provided with adequate human resources in terms of both numbers and skills (Articles 6, 7 and 10) and the material conditions necessary for the exercise of its functions in relation to labour inspections (Article 11), and to keep the ILO informed of any developments in law and in practice in this respect.
In view of the delay in the implementation of the 2006 recommendations and to overcome any difficulties encountered in this regard, the Committee suggests that the Government avails itself of renewed ILO technical assistance, with a view to the progressive establishment of a labour inspection system which meets the requirements of the Convention. It requests the Government to provide information on any formal step taken to this end.
Articles 20 and 21. Annual report on labour inspection activities. The Committee notes that, once again, no annual report has been received (the last annual report concerned the years 2000–02) and that the Government’s report does not contain any statistical information, which renders impossible an assessment of the current level of application of the Convention. However, the Committee notes the Government’s indications that the MoL will publish its annual report soon and that a copy will be sent to the Office. Recalling that one of the recommendations made in the labour inspection audit 2006 concerned the establishment of a register of enterprises, the Committee would like to indicate that technical assistance might also be sought for the conduct of a census of enterprises liable to inspection with a view to establish a register of workplaces, which as the Committee has emphasized in paragraph 326 of its 2006 General Survey on labour inspection and its 2009 general observation, is essential for preparing the annual report, and can be an important tool for assessing the effectiveness of external services and their personnel. The Committee requests the Government to make every effort to allow the central labour authority to publish and communicate to the ILO an annual labour inspection report (Articles 20 and 21 of the Convention), and to indicate the measures taken in this regard. It requests the Government, in any event, to provide with its next report statistical information that is as detailed as possible (industrial and commercial workplaces liable to inspection, number of inspections, infringements detected and the legal provisions to which they relate, etc.).
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 4(1) of the Convention. Need to re-establish a central authority entrusted with control and supervisory powers in the labour inspection system. The Committee notes the Government’s indications according to which the recommendations following an ILO technical assistance mission in 2006 in a corresponding audit (labour inspection audit 2006) remain yet to be implemented due to the delay in the functional review of the Ministry of Labour (MoL). The Government reiterates its commitment for the implementation of the recommendations in the labour inspection audit 2006 (in a phased manner) and refers to the recent appointment of a Chief Labour Officer, who will head and coordinate the inspectorate department of the MoL, as part of the recommendations for the re-establishment of a central labour inspection authority. However, the Government does not provide any further details with regard to the abovementioned implementation phases, nor does it provide any information with regard to the measures it announced in its report communicated to the ILO in 2007.
The Committee recalls that one of the central recommendations of the technical assistance mission concerned the creation of a special unit for labour inspections or the strengthening of the existing ones at the MoL (currently, there is one department in charge of occupational safety and health (OSH) inspections, and one in charge of general labour conditions) in order to allow it to play a more important role in the setting of annual targets, the monitoring of performance by both the field and headquarters and the evaluation of the quality of inspections. In this regard, the Committee recalls from its previous observations that the budgeting and funding of labour inspection in the country is decentralized in such a manner that each office is allocated funds directly by the Treasury according to the latter’s priorities. Consequently, offices with motorcycles or motor vehicles cover fuel and maintenance, while the Ministry only receives reports on the activities performed. Based on this information, the Committee observed that the very notion of a central labour inspection authority seems to have become devoid of all substance, as the Ministry’s only residual role consists of receiving activity reports from labour inspection offices, without any power to determine the needs of the labour inspection services in terms of financial and material resources with a view to their proper operation.
The Committee further recalls the findings of the labour inspection audit 2006, which indicated that there were no inherent or structural barriers for the operation of an effective and efficient labour inspection service; and that there was considerable room for improvement, in particular in policy, planning, management procedures, communications, equipment and training, and that this could be done by rationalizing, streamlining and consolidating the inspection functions in the field structure with minimal added financial resources. The Committee finally recalls that the labour inspection audit 2006 recommended that a high-level Departmental Working Group (DWG) comprising all relevant units at the MoL be entrusted with the follow-up of these recommendations.
Referring to its reiterated requests in this regard, the Committee urges the Government, once again, to provide details of the announced measures and steps as a follow-up to the recommendations in the labour inspection audit 2006.
Please indicate whether a committee or working group has been entrusted with the follow-up to these recommendations and provide information on the association of the social partners in this process.
The Committee once again urges the Government to adopt all the necessary measures to secure an inspection system operating under the supervision and control of a central authority (Article 4) that is provided with adequate human resources in terms of both numbers and skills (Articles 6, 7 and 10) and the material conditions necessary for the exercise of its functions in relation to labour inspections (Article 11), and to keep the ILO informed of any developments in law and in practice in this respect.
In view of the delay in the implementation of the 2006 recommendations and to overcome any difficulties encountered in this regard, the Committee suggests that the Government avails itself of renewed ILO technical assistance, with a view to the progressive establishment of a labour inspection system which meets the requirements of the Convention. It requests the Government to provide information on any formal step taken to this end.
Articles 20 and 21. Annual report on labour inspection activities. The Committee notes that, once again, no annual report has been received (the last annual report concerned the years 2000–02) and that the Government’s report does not contain any statistical information, which renders impossible an assessment of the current level of application of the Convention. However, the Committee notes the Government’s indications that the MoL will publish its annual report soon and that a copy will be sent to the Office. Recalling that one of the recommendations made in the labour inspection audit 2006 concerned the establishment of a register of enterprises, the Committee would like to indicate that technical assistance might also be sought for the conduct of a census of enterprises liable to inspection with a view to establish a register of workplaces, which as the Committee has emphasized in paragraph 326 of its 2006 General Survey on labour inspection and its 2009 general observation, is essential for preparing the annual report, and can be an important tool for assessing the effectiveness of external services and their personnel. The Committee requests the Government to make every effort to allow the central labour authority to publish and communicate to the ILO an annual labour inspection report (Articles 20 and 21 of the Convention), and to indicate the measures taken in this regard. It requests the Government, in any event, to provide with its next report statistical information that is as detailed as possible (industrial and commercial workplaces liable to inspection, number of inspections, infringements detected and the legal provisions to which they relate, etc.).

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Repetition
The Committee notes that the Government’s report contains vague information on the application of the Convention. The report indicates in particular that that a total of 1,169 labour inspections have been carried out and 1,413 visits have also been made to various workplaces. It is also indicated that approximately 40 inspectors and 46 assistant labour inspectors are distributed in every one of the 28 districts of Malawi. While taking due note of this information, the Committee notes that the Government does not reply to the Committee’s previous comments. It must therefore repeat its previous observation which read as follows:
Article 4(1) of the Convention. Need to re-establish a central authority entrusted with control and supervisory powers in the labour inspection system. According to the Government’s vague indications in reply to the observation made by the Committee on the basis of the recommendations of an ILO technical mission which visited the country in May 2006: (1) the labour inspection system is in the process of being developed in consultation with social partners; (2) the Ministry has already started putting in place measures to come up with a labour inspection policy and set guidelines, and a meeting was held in 2009 to kick-start the process; (3) the Ministry has placed emphasis on the planning of inspections, and sweeping inspections have been carried out in the major cities, while some joint inspections with labour inspectors and safety and health inspectors have been undertaken, for example in the northern region of the country; (4) the functional review of the Ministry, under which the Inspection Services Unit is to be strengthened to enable it to set annual targets and conduct inspections in the field, is awaiting approval; and (5) the Ministry has undertaken supervisory visits to field offices and organized some training for inspectors, including those responsible for occupational safety and health with a view to developing an integrated inspection system.
In addition, the Committee notes from the Government’s report under the Labour Inspection (Agriculture) Convention, 1969 (No. 129), that the budgeting and funding of labour inspection is decentralized in such a manner that each office is allocated funds directly by Treasury according to the latter’s priorities. Consequently, offices with motorcycles or motor vehicles cover fuel and maintenance, while the Ministry only receives reports on the activities performed. Based on this information, the Committee observes that the very notion of a central labour inspection authority seems to have become devoid of all substance, as the Ministry’s only residual role consists of receiving activity reports from labour inspection offices, without any power to determine the needs of the labour inspection services in terms of financial and material resources with a view to their proper operation. The objective of the ILO technical mission was to help the Government to anticipate the effects of globalization on working conditions and workers’ rights, to secure the commitment of the social partners to the principle that an effective labour inspection service allows the twofold interests of social protection and improved productivity, and to raise the Government’s awareness of the importance of the tripartite dimension of labour administration. Although it made no reference to a decentralized labour inspection system, the mission emphasized, on the contrary, that there were no inherent or structural barriers for the operation of an effective and efficient labour inspection service; and that there was considerable room for improvement, in particular in policy, planning, management procedures, communications, equipment and training, and that this could be done by rationalizing, streamlining and consolidating the inspection functions of the Labour Directorate in the field structure. The decentralized operation of the labour inspection system, as described by the Government in the report on the application of Convention No. 129, is not such as to meet the economic and social objectives of the labour inspection Conventions. The obligations deriving from the ratifications of a Convention in any event remain the responsibility of the State. Consequently, the Government is bound, among other obligations, to: (i) observe the principle of placing the labour inspection system under a central authority, pursuant to Article 1; (ii) ensure that the number of labour inspectors is determined on the basis of the criteria listed in Article 10; and (iii) make the necessary arrangements to equip labour inspectors with the material means and transport facilities, and to reimburse any travelling and incidental expenses necessary for the performance of their duties (Article 11). The Government is also bound under the Labour Administration Convention, 1978 (No. 150), which has also been ratified by Malawi, to ensure that the staff of the labour administration system have the status, the material means and the financial resources necessary for the effective performance of their duties. Consequently, the allocation to labour inspectorates of material means and financial resources should be left to the discretion of the decentralized authorities, but should be determined by the Government at the central level in accordance with the priorities of labour inspection and national economic and financial possibilities. Only if the central labour inspection authority is entrusted with the powers laid down in the Convention can the Government’s commitments, as reaffirmed in its report, be fulfilled and an annual report on labour inspection activities, as provided for in Articles 20 and 21, be published and serve as a basis for the assessment by the central authority of the respective needs and priorities. The technical assistance mission recommended the strengthening of the Office of the Chief Labour Officer in order to allow it to play a more important role in the setting of annual targets, the monitoring of performance by both the field and headquarters and the evaluation of the quality of inspections themselves. It added that more work is required in Malawi if the goals of decent work are to be achieved and expressed the view that as the country has embarked on a process of attracting foreign investment in agriculture and manufacturing, especially textiles, there is a need to strengthen institutions that will promote a good and fair labour market.
The Committee urges the Government, to provide details of the measures announced in its report as a follow-up to the recommendations of the ILO technical mission and to provide copies of all relevant texts or documents. It also urges it to adopt all the necessary measures to secure an inspection system operating under the supervision and control of a central authority (Article 4) that is provided with adequate human resources in terms of both numbers and skills (Articles 6, 7 and 10) and the material conditions necessary for the exercise of its functions in relation to labour inspections (Article 11), and to keep the ILO informed of any developments in law and in practice in this respect.
Articles 20 and 21. Annual report on labour inspection activities. The Committee notes with concern that the statistics of inspections covering all the sectors of the economy, as published in the Labour Statistics Yearbook, show a significant decrease from 3,043 in 2006 to 1,088 in 2007. Recalling that an annual report on labour inspection activities, which has to be published and communicated to the ILO in accordance with Article 20, shall contain information on each of the topics listed in Article 21, the Committee observes that the above statistics do not allow any appraisal of the effect of this decrease in inspections on compliance with the legislation covered by this Convention. It draws the Government’s attention to Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), which provides guidance on the manner in which such information could be presented. The Committee therefore asks the Government to provide the available statistics on the types of industrial and commercial workplaces and indications of the legal areas targeted by inspections and the results achieved during the period covered by the next report. It also asks the Government to indicate the measures taken to ensure the publication of an annual report, as provided for in Articles 20 and 21.
Labour inspection activities targeting child labour. According to the Government’s report, 3,000 children were removed from employment in the framework of the ILO–IPEC programme, instead of the target of 1,500. Noting that the project mostly targets child labour in agriculture, the Committee would be grateful if the Government would provide the ILO with the latest statistics on labour inspection activities pertaining to child labour, specifically in industrial and commercial workplaces, and the action taken as a result.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report contains vague information on the application of the Convention. The report indicates in particular that that a total of 1,169 labour inspections have been carried out and 1,413 visits have also been made to various workplaces. It is also indicated that approximately 40 inspectors and 46 assistant labour inspectors are distributed in every one of the 28 districts of Malawi. While taking due note of this information, the Committee notes that the Government does not reply to the Committee’s previous comments. It must therefore repeat its previous observation which read as follows:
Repetition
Article 4(1) of the Convention. Need to re-establish a central authority entrusted with control and supervisory powers in the labour inspection system. According to the Government’s vague indications in reply to the observation made by the Committee on the basis of the recommendations of an ILO technical mission which visited the country in May 2006: (1) the labour inspection system is in the process of being developed in consultation with social partners; (2) the Ministry has already started putting in place measures to come up with a labour inspection policy and set guidelines, and a meeting was held in 2009 to kick-start the process; (3) the Ministry has placed emphasis on the planning of inspections, and sweeping inspections have been carried out in the major cities, while some joint inspections with labour inspectors and safety and health inspectors have been undertaken, for example in the northern region of the country; (4) the functional review of the Ministry, under which the Inspection Services Unit is to be strengthened to enable it to set annual targets and conduct inspections in the field, is awaiting approval; and (5) the Ministry has undertaken supervisory visits to field offices and organized some training for inspectors, including those responsible for occupational safety and health with a view to developing an integrated inspection system.
In addition, the Committee notes from the Government’s report under the Labour Inspection (Agriculture) Convention, 1969 (No. 129), that the budgeting and funding of labour inspection is decentralized in such a manner that each office is allocated funds directly by Treasury according to the latter’s priorities. Consequently, offices with motorcycles or motor vehicles cover fuel and maintenance, while the Ministry only receives reports on the activities performed. Based on this information, the Committee observes that the very notion of a central labour inspection authority seems to have become devoid of all substance, as the Ministry’s only residual role consists of receiving activity reports from labour inspection offices, without any power to determine the needs of the labour inspection services in terms of financial and material resources with a view to their proper operation. The objective of the ILO technical mission was to help the Government to anticipate the effects of globalization on working conditions and workers’ rights, to secure the commitment of the social partners to the principle that an effective labour inspection service allows the twofold interests of social protection and improved productivity, and to raise the Government’s awareness of the importance of the tripartite dimension of labour administration. Although it made no reference to a decentralized labour inspection system, the mission emphasized, on the contrary, that there were no inherent or structural barriers for the operation of an effective and efficient labour inspection service; and that there was considerable room for improvement, in particular in policy, planning, management procedures, communications, equipment and training, and that this could be done by rationalizing, streamlining and consolidating the inspection functions of the Labour Directorate in the field structure. The decentralized operation of the labour inspection system, as described by the Government in the report on the application of Convention No. 129, is not such as to meet the economic and social objectives of the labour inspection Conventions. The obligations deriving from the ratifications of a Convention in any event remain the responsibility of the State. Consequently, the Government is bound, among other obligations, to: (i) observe the principle of placing the labour inspection system under a central authority, pursuant to Article 1; (ii) ensure that the number of labour inspectors is determined on the basis of the criteria listed in Article 10; and (iii) make the necessary arrangements to equip labour inspectors with the material means and transport facilities, and to reimburse any travelling and incidental expenses necessary for the performance of their duties (Article 11). The Government is also bound under the Labour Administration Convention, 1978 (No. 150), which has also been ratified by Malawi, to ensure that the staff of the labour administration system have the status, the material means and the financial resources necessary for the effective performance of their duties. Consequently, the allocation to labour inspectorates of material means and financial resources should be left to the discretion of the decentralized authorities, but should be determined by the Government at the central level in accordance with the priorities of labour inspection and national economic and financial possibilities. Only if the central labour inspection authority is entrusted with the powers laid down in the Convention can the Government’s commitments, as reaffirmed in its report, be fulfilled and an annual report on labour inspection activities, as provided for in Articles 20 and 21, be published and serve as a basis for the assessment by the central authority of the respective needs and priorities. The technical assistance mission recommended the strengthening of the Office of the Chief Labour Officer in order to allow it to play a more important role in the setting of annual targets, the monitoring of performance by both the field and headquarters and the evaluation of the quality of inspections themselves. It added that more work is required in Malawi if the goals of decent work are to be achieved and expressed the view that as the country has embarked on a process of attracting foreign investment in agriculture and manufacturing, especially textiles, there is a need to strengthen institutions that will promote a good and fair labour market.
The Committee urges the Government, to provide details of the measures announced in its report as a follow-up to the recommendations of the ILO technical mission and to provide copies of all relevant texts or documents. It also urges it to adopt all the necessary measures to secure an inspection system operating under the supervision and control of a central authority (Article 4) that is provided with adequate human resources in terms of both numbers and skills (Articles 6, 7 and 10) and the material conditions necessary for the exercise of its functions in relation to labour inspections (Article 11), and to keep the ILO informed of any developments in law and in practice in this respect.
Articles 20 and 21. Annual report on labour inspection activities. The Committee notes with concern that the statistics of inspections covering all the sectors of the economy, as published in the Labour Statistics Yearbook, show a significant decrease from 3,043 in 2006 to 1,088 in 2007. Recalling that an annual report on labour inspection activities, which has to be published and communicated to the ILO in accordance with Article 20, shall contain information on each of the topics listed in Article 21, the Committee observes that the above statistics do not allow any appraisal of the effect of this decrease in inspections on compliance with the legislation covered by this Convention. It draws the Government’s attention to Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), which provides guidance on the manner in which such information could be presented. The Committee therefore asks the Government to provide the available statistics on the types of industrial and commercial workplaces and indications of the legal areas targeted by inspections and the results achieved during the period covered by the next report. It also asks the Government to indicate the measures taken to ensure the publication of an annual report, as provided for in Articles 20 and 21.
Labour inspection activities targeting child labour. According to the Government’s report, 3,000 children were removed from employment in the framework of the ILO–IPEC programme, instead of the target of 1,500. Noting that the project mostly targets child labour in agriculture, the Committee would be grateful if the Government would provide the ILO with the latest statistics on labour inspection activities pertaining to child labour, specifically in industrial and commercial workplaces, and the action taken as a result.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 4, paragraph 1, of the Convention. Need to re-establish a central authority entrusted with control and supervisory powers in the labour inspection system. According to the Government’s vague indications in reply to the observation made by the Committee on the basis of the recommendations of an ILO technical mission which visited the country in May 2006: (1) the labour inspection system is in the process of being developed in consultation with social partners; (2) the Ministry has already started putting in place measures to come up with a labour inspection policy and set guidelines, and a meeting was held in 2009 to kick-start the process; (3) the Ministry has placed emphasis on the planning of inspections, and sweeping inspections have been carried out in the major cities, while some joint inspections with labour inspectors and safety and health inspectors have been undertaken, for example in the northern region of the country; (4) the functional review of the Ministry, under which the Inspection Services Unit is to be strengthened to enable it to set annual targets and conduct inspections in the field, is awaiting approval; and (5) the Ministry has undertaken supervisory visits to field offices and organized some training for inspectors, including those responsible for occupational safety and health with a view to developing an integrated inspection system.

In addition, the Committee notes from the Government’s report under the Labour Inspection (Agriculture) Convention, 1969 (No. 129), that the budgeting and funding of labour inspection is decentralized in such a manner that each office is allocated funds directly by Treasury according to the latter’s priorities. Consequently, offices with motorcycles or motor vehicles cover fuel and maintenance, while the Ministry only receives reports on the activities performed. Based on this information, the Committee observes that the very notion of a central labour inspection authority seems to have become devoid of all substance, as the Ministry’s only residual role consists of receiving activity reports from labour inspection offices, without any power to determine the needs of the labour inspection services in terms of financial and material resources with a view to their proper operation. The objective of the ILO technical mission was to help the Government to anticipate the effects of globalization on working conditions and workers’ rights, to secure the commitment of the social partners to the principle that an effective labour inspection service allows the twofold interests of social protection and improved productivity, and to raise the Government’s awareness of the importance of the tripartite dimension of labour administration. Although it made no reference to a decentralized labour inspection system, the mission emphasized, on the contrary, that there were no inherent or structural barriers for the operation of an effective and efficient labour inspection service; and that there was considerable room for improvement, in particular in policy, planning, management procedures, communications, equipment and training, and that this could be done by rationalizing, streamlining and consolidating the inspection functions of the Labour Directorate in the field structure. The decentralized operation of the labour inspection system, as described by the Government in the report on the application of Convention No. 129, is not such as to meet the economic and social objectives of the labour inspection Conventions. The obligations deriving from the ratifications of a Convention in any event remain the responsibility of the State. Consequently, the Government is bound, among other obligations, to: (i) observe the principle of placing the labour inspection system under a central authority, pursuant to Article 1; (ii) ensure that the number of labour inspectors is determined on the basis of the criteria listed in Article 10; and (iii) make the necessary arrangements to equip labour inspectors with the material means and transport facilities, and to reimburse any travelling and incidental expenses necessary for the performance of their duties (Article 11). The Government is also bound under the Labour Administration Convention, 1978 (No. 150), which has also been ratified by Malawi, to ensure that the staff of the labour administration system have the status, the material means and the financial resources necessary for the effective performance of their duties. Consequently, the allocation to labour inspectorates of material means and financial resources should be left to the discretion of the decentralized authorities, but should be determined by the Government at the central level in accordance with the priorities of labour inspection and national economic and financial possibilities. Only if the central labour inspection authority is entrusted with the powers laid down in the Convention can the Government’s commitments, as reaffirmed in its report, be fulfilled and an annual report on labour inspection activities, as provided for in Articles 20 and 21, be published and serve as a basis for the assessment by the central authority of the respective needs and priorities. The technical assistance mission recommended the strengthening of the Office of the Chief Labour Officer in order to allow it to play a more important role in the setting of annual targets, the monitoring of performance by both the field and headquarters and the evaluation of the quality of inspections themselves. It added that more work is required in Malawi if the goals of decent work are to be achieved and expressed the view that as the country has embarked on a process of attracting foreign investment in agriculture and manufacturing, especially textiles, there is a need to strengthen institutions that will promote a good and fair labour market.

The Committee urges the Government, to provide details of the measures announced in its report as a follow-up zo the recommendations of the ILO technical mission and to provide copies of all relevant texts or documents. It also urges it to adopt all the necessary measures to secure an inspection system operating under the supervision and control of a central authority (Article 4) that is provided with adequate human resources in terms of both numbers and skills (Articles 6, 7 and 10) and the material conditions necessary for the exercise of its functions in relation to labour inspections (Article 11), and to keep the ILO informed of any developments in law and in practice in this respect.

Articles 20 and 21. Annual report on labour inspection activities. The Committee notes with concern that the statistics of inspections covering all the sectors of the economy, as published in the Labour Statistics Yearbook, show a significant decrease from 3,043 in 2006 to 1,088 in 2007. Recalling that an annual report on labour inspection activities, which has to be published and communicated to the ILO in accordance with Article 20, shall contain information on each of the topics listed in Article 21, the Committee observes that the above statistics do not allow any appraisal of the effect of this decrease in inspections on compliance with the legislation covered by this Convention. It draws the Government’s attention to Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), which provides guidance on the manner in which such information could be presented. The Committee therefore asks the Government to provide the available statistics on the types of industrial and commercial workplaces and indications of the legal areas targeted by inspections and the results achieved during the period covered by the next report. It also asks the Government to indicate the measures taken to ensure the publication of an annual report, as provided for in Articles 20 and 21.

Labour inspection activities targeting child labour. According to the Government’s report, 3,000 children were removed from employment in the framework of the ILO–IPEC programme, instead of the target of 1,500. Noting that the project mostly targets child labour in agriculture, the Committee would be grateful if the Government would provide the ILO with the latest statistics on labour inspection activities pertaining to child labour, specifically in industrial and commercial workplaces, and the action taken as a result.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee refers the Government to its observation and requests it to provide additional information on the following matters.

Article 7 of the Convention. Training and further training for labour inspectors. Please state whether Act No. 6 of 1999 on Technical, Entrepreneurial and Vocational Education and Training, under which the State participates in the training and retraining of public sector employees, applies also to labour inspectors.

Labour inspection in the context of combating child labour. Please provide details of these activities and their results, indicating if possible the sectors of activity targeted, the number and nature of the infringements reported and the penalties imposed and actually applied.

Article 11. Transport facilities for labour inspectors and equipment for inspection offices. Please indicate the measures taken to ensure that the inspection services, which now have motorcycles or motor vehicles for use in their work, also have the necessary funds for their maintenance and the purchase of fuel. Please describe the material working conditions in all the inspectorates’ premises, in terms of offices, typewriters, paper, ink cartridges, inspection forms, etc. and provide the corresponding budgetary information.

Article 15(c). Confidentiality regarding sources of complaints. Please provide details of the measures taken to ensure that workers employed in establishments covered by the Convention have access to the labour offices and that confidentiality is observed in respect of the content of their interviews or their mail, in order to avoid any risk of reprisals by the employer following a complaint or the reporting of a defect. Please indicate the action taken in law and in practice on the infringements indicated by the MCTU.

Article 14. Notification and recording of industrial accidents and cases of occupational disease. While noting that section 66 of Act No. 21 of 1997 provides that the Director of Occupational Safety and Health must be informed of any accidents causing the death of a worker or disabling a person from carrying out normal duties at the workplace, the Committee would be grateful if the Government would indicate whether labour inspectors are informed of such accidents and whether measures are taken to determine the causes and prevent any recurrence.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation on the following points:

The Committee notes the information supplied by the Government in its report received in November 2005, and the copy of the TEVET Act, No. 6 of 1999. It also notes the Government’s comments replying to the observations of the Malawi Congress of Trade Unions (MCTU) received by the ILO on 5 April 2005.

Situation of the labour inspection system. The MCTU alleges, contrary to the Government’s statement in its last report that the Labour Inspectorate has been reinforced, that the Inspectorate has done nothing whatsoever about the many breaches of the law by employers. One enterprise allegedly dismissed 280 employees without any consultation of workers’ representatives, and another got rid of a worker two years before he was due to retire. In 2000, more than 50 employees were dismissed after a union was formed in the enterprise where they were employed, and in another enterprise two workers who had received MCTU training were laid off.

The Committee notes that in reply to the MCTU’s allegations, the Government states that it knows nothing of the instances of violation cited, but that if any worker feels that his/her rights have been violated, he or she is free to lodge a complaint at the district labour office, the industrial relations court or any other court.

As to the human resources of the Inspectorate and their qualifications, the Government indicates that six new inspectors have been hired to strengthen the Occupational Safety and Health Directorate. It also states that a five-day workshop was organized in the context of the Improving Labour Systems in Southern Africa (ILSSA) project, with financial assistance from the ILO, and was attended by 23 labour officers, four union members and two employers’ representatives.

As regards material resources, the Committee notes that UNICEF has given the Ministry of Labour and Vocational Training 22 motorcycles, which has greatly strengthened the inspections in 11 districts, and that two motor vehicles have been deployed in the southern region and central region. The Committee further notes that seven motorcycles were to be distributed to districts that have none.

With regard to the increase in the number of occupational accidents in recent years, the Government expresses the need for technical assistance from the ILO through capacity-building programmes on occupational safety and health matters.

With reference to the MCTU’s observations and a report on a mission carried out by the Harare Regional Office from 1 to 4 May 2006 as part of the project to strengthen administration systems in the countries of southern Africa, the Committee notes that the MCTU’s views coincide with those of the Employers’ Consultative Association of Malawi (ECAM) regarding the weaknesses of the inspection system and their causes: a lack of financial resources, transport facilities and equipment; low morale and high staff turnover of labour officers and inspectors. Both organizations note that the functioning of the system is affected by a lack of dialogue and of consultation between the social partners and regret that the Government has sent them neither a copy of the ILO’s report on the Convention nor the annual inspection report, and that the Labour Advisory Council does not meet regularly enough given the subjects that it could discuss. The Committee further notes that 50 labour inspection posts remain vacant although the Government indicated that 18 of them would shortly be filled by candidates with a university education.

Having examined labour inspection and particularly the coordination mechanisms and system of reporting between central and district offices, the Committee has come to the view that there are no structural obstacles to the setting up of a labour inspection system but that the latter falls short of the Convention in a number of ways:

–      the lack of a labour inspection policy setting relevant guidelines and rules of conduct for inspectors;

–      insufficient coordination between inspection services and between the latter and the central authority, and the lack of contact between the services responsible for occupational safety and health and other inspection services;

–      difficulty of setting up cooperation between social partners because of the current lack of dialogue;

–      the planning of inspections is not systematic and the inspection services fail to react when notified of violations;

–      there is no register of establishments which can guide inspectors as to the inspection needs and the establishments to be targeted;

–      there are no individual files for establishments inspected to facilitate easy follow-up.

The mission concluded that the strengthening of the inspection system should be stepped up with a view to attaining decent work objectives and promoting sound and fair labour market governance, particularly now that there is an opening up to foreign investment. It made the following recommendations:

(1)    the Ministry should involve the social partners in developing the labour inspection system in order to secure their cooperation;

(2)    the Ministry should formulate a labour inspection policy that will provide guidance for inspections;

(3)    there should be more planning of inspections so that the Inspectorate can play its preventive role, particularly in certain branches of activity;

(4)    the office of the chief labour officer needs further strengthening to enable it to play more of a role in the setting of annual targets and monitoring the performance of inspections in the field, both qualitatively and quantitatively;

(5)    there should be closer collaboration between the chief labour officer and the director of safety and health, inter alia, through joint planning, in order to move towards a more integrated inspection system.

The Committee firmly hopes that the Government will take steps to follow up the mission’s recommendations, and will keep the Office informed of any developments in this respect and report to it any difficulties encountered.

The Committee is also addressing a request on a number of points directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee refers the Government to its observation and requests it to provide additional information on the following matters.

Article 7 of the Convention. Training and further training for labour inspectors. Please state whether Act No. 6 of 1999 on Technical, Entrepreneurial and Vocational Education and Training, under which the State participates in the training and retraining of public sector employees, applies also to labour inspectors.

Labour inspection in the context of combating child labour. Please provide details of these activities and their results, indicating if possible the sectors of activity targeted, the number and nature of the infringements reported and the penalties imposed and actually applied.

Article 11. Transport facilities for labour inspectors and equipment for inspection offices. Please indicate the measures taken to ensure that the inspection services, which now have motorcycles or motor vehicles for use in their work, also have the necessary funds for their maintenance and the purchase of fuel. Please describe the material working conditions in all the inspectorates’ premises, in terms of offices, typewriters, paper, ink cartridges, inspection forms, etc. and provide the corresponding budgetary information.

Article 15(c). Confidentiality regarding sources of complaints. Please provide details of the measures taken to ensure that workers employed in establishments covered by the Convention have access to the labour offices and that confidentiality is observed in respect of the content of their interviews or their mail, in order to avoid any risk of reprisals by the employer following a complaint or the reporting of a defect. Please indicate the action taken in law and in practice on the infringements indicated by the MCTU.

Article 14. Notification and recording of industrial accidents and cases of occupational disease. While noting that section 66 of Act No. 21 of 1997 provides that the Director of Occupational Safety and Health must be informed of any accidents causing the death of a worker or disabling a person from carrying out normal duties at the workplace, the Committee would be grateful if the Government would indicate whether labour inspectors are informed of such accidents and whether measures are taken to determine the causes and prevent any recurrence.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information supplied by the Government in its report received in November 2005, and the copy of the TEVET Act, No. 6 of 1999. It also notes the Government’s comments replying to the observations of the Malawi Congress of Trade Unions (MCTU) received by the ILO on 5 April 2005.

Situation of the labour inspection system. The MCTU alleges, contrary to the Government’s statement in its last report that the Labour Inspectorate has been reinforced, that the Inspectorate has done nothing whatsoever about the many breaches of the law by employers. One enterprise allegedly dismissed 280 employees without any consultation of workers’ representatives, and another got rid of a worker two years before he was due to retire. In 2000, more than 50 employees were dismissed after a union was formed in the enterprise where they were employed, and in another enterprise two workers who had received MCTU training were laid off.

The Committee notes that in reply to the MCTU’s allegations, the Government states that it knows nothing of the instances of violation cited, but that if any worker feels that his/her rights have been violated, he or she is free to lodge a complaint at the district labour office, the industrial relations court or any other court.

As to the human resources of the Inspectorate and their qualifications, the Government indicates that six new inspectors have been hired to strengthen the Occupational Safety and Health Directorate. It also states that a five-day workshop was organized in the context of the Improving Labour Systems in Southern Africa (ILSSA) project, with financial assistance from the ILO, and was attended by 23 labour officers, four union members and two employers’ representatives.

As regards material resources, the Committee notes that UNICEF has given the Ministry of Labour and Vocational Training 22 motorcycles, which has greatly strengthened the inspections in 11 districts, and that two motor vehicles have been deployed in the southern region and central region. The Committee further notes that seven motorcycles were to be distributed to districts that have none.

With regard to the increase in the number of occupational accidents in recent years, the Government expresses the need for technical assistance from the ILO through capacity-building programmes on occupational safety and health matters.

With reference to the MCTU’s observations and a report on a mission carried out by the Harare Regional Office from 1 to 4 May 2006 as part of the project to strengthen administration systems in the countries of southern Africa, the Committee notes that the MCTU’s views coincide with those of the Employers’ Consultative Association of Malawi (ECAM) regarding the weaknesses of the inspection system and their causes: a lack of financial resources, transport facilities and equipment; low morale and high staff turnover of labour officers and inspectors. Both organizations note that the functioning of the system is affected by a lack of dialogue and of consultation between the social partners and regret that the Government has sent them neither a copy of the ILO’s report on the Convention nor the annual inspection report, and that the Labour Advisory Council does not meet regularly enough given the subjects that it could discuss. The Committee further notes that 50 labour inspection posts remain vacant although the Government indicated that 18 of them would shortly be filled by candidates with a university education.

Having examined labour inspection and particularly the coordination mechanisms and system of reporting between central and district offices, the Committee has come to the view that there are no structural obstacles to the setting up of a labour inspection system but that the latter falls short of the Convention in a number of ways:

–      the lack of a labour inspection policy setting relevant guidelines and rules of conduct for inspectors;

–      insufficient coordination between inspection services and between the latter and the central authority, and the lack of contact between the services responsible for occupational safety and health and other inspection services;

–      difficulty of setting up cooperation between social partners because of the current lack of dialogue;

–      the planning of inspections is not systematic and the inspection services fail to react when notified of violations;

–      there is no register of establishments which can guide inspectors as to the inspection needs and the establishments to be targeted;

–      there are no individual files for establishments inspected to facilitate easy follow-up.

The mission concluded that the strengthening of the inspection system should be stepped up with a view to attaining decent work objectives and promoting sound and fair labour market governance, particularly now that there is an opening up to foreign investment. It made the following recommendations:

(1)    the Ministry should involve the social partners in developing the labour inspection system in order to secure their cooperation;

(2)    the Ministry should formulate a labour inspection policy that will provide guidance for inspections;

(3)    there should be more planning of inspections so that the Inspectorate can play its preventive role, particularly in certain branches of activity;

(4)    the office of the chief labour officer needs further strengthening to enable it to play more of a role in the setting of annual targets and monitoring the performance of inspections in the field, both qualitatively and quantitatively;

(5)    there should be closer collaboration between the chief labour officer and the director of safety and health, inter alia, through joint planning, in order to move towards a more integrated inspection system.

The Committee firmly hopes that the Government will take steps to follow up the mission’s recommendations, and will keep the Office informed of any developments in this respect and report to it any difficulties encountered.

The Committee is addressing a request on a number of points directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee refers the Government to its observation and requests it to provide additional information on the following matters.

Article 7 of the Convention. Training and further training for labour inspectors. Please state whether Act No. 6 of 1999 on Technical, Entrepreneurial and Vocational Education and Training, under which the State participates in the training and retraining of public sector employees, applies also to labour inspectors.

Labour inspection in the context of combating child labour. Please provide details of these activities and their results, indicating if possible the sectors of activity targeted, the number and nature of the infringements reported and the penalties imposed and actually applied.

Article 11. Transport facilities for labour inspectors and equipment for inspection offices. Please indicate the measures taken to ensure that the inspection services, which now have motorcycles or motor vehicles for use in their work, also have the necessary funds for their maintenance and the purchase of fuel. Please describe the material working conditions in all the inspectorates’ premises, in terms of offices, typewriters, paper, ink cartridges, inspection forms, etc. and provide the corresponding budgetary information.

Article 15(c). Confidentiality regarding sources of complaints. Please provide details of the measures taken to ensure that workers employed in establishments covered by the Convention have access to the labour offices and that confidentiality is observed in respect of the content of their interviews or their mail, in order to avoid any risk of reprisals by the employer following a complaint or the reporting of a defect. Please indicate the action taken in law and in practice on the infringements indicated by the MCTU.

Article 14. Notification and recording of industrial accidents and cases of occupational disease. While noting that section 66 of Act No. 21 of 1997 provides that the Director of Occupational Safety and Health must be informed of any accidents causing the death of a worker or disabling a person from carrying out normal duties at the workplace, the Committee would be grateful if the Government would indicate whether labour inspectors are informed of such accidents and whether measures are taken to determine the causes and prevent any recurrence.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information supplied by the Government in its report received in November 2005, and the copy of the TEVET Act, No. 6 of 1999. It also notes the Government’s comments replying to the observations of the Malawi Congress of Trade Unions (MCTU) received by the ILO on 5 April 2005.

Situation of the labour inspection system. The MCTU alleges, contrary to the Government’s statement in its last report that the Labour Inspectorate has been reinforced, that the Inspectorate has done nothing whatsoever about the many breaches of the law by employers. One enterprise allegedly dismissed 280 employees without any consultation of workers’ representatives, and another got rid of a worker two years before he was due to retire. In 2000, more than 50 employees were dismissed after a union was formed in the enterprise where they were employed, and in another enterprise two workers who had received MCTU training were laid off.

The Committee notes that in reply to the MCTU’s allegations, the Government states that it knows nothing of the instances of violation cited, but that if any worker feels that his/her rights have been violated, he or she is free to lodge a complaint at the district labour office, the industrial relations court or any other court.

As to the human resources of the Inspectorate and their qualifications, the Government indicates that six new inspectors have been hired to strengthen the Occupational Safety and Health Directorate. It also states that a five-day workshop was organized in the context of the Improving Labour Systems in Southern Africa (ILSSA) project, with financial assistance from the ILO, and was attended by 23 labour officers, four union members and two employers’ representatives.

As regards material resources, the Committee notes that UNICEF has given the Ministry of Labour and Vocational Training 22 motorcycles, which has greatly strengthened the inspections in 11 districts, and that two motor vehicles have been deployed in the southern region and central region. The Committee further notes that seven motorcycles were to be distributed to districts that have none.

With regard to the increase in the number of occupational accidents in recent years, the Government expresses the need for technical assistance from the ILO through capacity-building programmes on occupational safety and health matters.

With reference to the MCTU’s observations and a report on a mission carried out by the Harare Regional Office from 1 to 4 May 2006 as part of the project to strengthen administration systems in the countries of southern Africa, the Committee notes that the MCTU’s views coincide with those of the Employers’ Consultative Association of Malawi (ECAM) regarding the weaknesses of the inspection system and their causes: a lack of financial resources, transport facilities and equipment; low morale and high staff turnover of labour officers and inspectors. Both organizations note that the functioning of the system is affected by a lack of dialogue and of consultation between the social partners and regret that the Government has sent them neither a copy of the ILO’s report on the Convention nor the annual inspection report, and that the Labour Advisory Council does not meet regularly enough given the subjects that it could discuss. The Committee further notes that 50 labour inspection posts remain vacant although the Government indicated that 18 of them would shortly be filled by candidates with a university education.

Having examined labour inspection and particularly the coordination mechanisms and system of reporting between central and district offices, the Committee has come to the view that there are no structural obstacles to the setting up of a labour inspection system but that the latter falls short of the Convention in a number of ways:

–      the lack of a labour inspection policy setting relevant guidelines and rules of conduct for inspectors;

–      insufficient coordination between inspection services and between the latter and the central authority, and the lack of contact between the services responsible for occupational safety and health and other inspection services;

–      difficulty of setting up cooperation between social partners because of the current lack of dialogue;

–      the planning of inspections is not systematic and the inspection services fail to react when notified of violations;

–      there is no register of establishments which can guide inspectors as to the inspection needs and the establishments to be targeted;

–      there are no individual files for establishments inspected to facilitate easy follow-up.

The mission concluded that the strengthening of the inspection system should be stepped up with a view to attaining decent work objectives and promoting sound and fair labour market governance, particularly now that there is an opening up to foreign investment. It made the following recommendations:

(1)   the Ministry should involve the social partners in developing the labour inspection system in order to secure their cooperation;

(2)   the Ministry should formulate a labour inspection policy that will provide guidance for inspections;

(3)   there should be more planning of inspections so that the Inspectorate can play its preventive role, particularly in certain branches of activity;

(4)   the office of the chief labour officer needs further strengthening to enable it to play more of a role in the setting of annual targets and monitoring the performance of inspections in the field, both qualitatively and quantitatively;

(5)   there should be closer collaboration between the chief labour officer and the director of safety and health, inter alia, through joint planning, in order to move towards a more integrated inspection system.

The Committee firmly hopes that the Government will take steps to follow up the mission’s recommendations, and will keep the Office informed of any developments in this respect and report to it any difficulties encountered.

The Committee is addressing a request on a number of points directly to the Government.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report in reply to its comments and the copy of the annual report for 2000-02 of the Ministry of Labour and Vocational Training.

1. Strengthening of staff and skills and improvement of supervisory activities (Articles 7, 10, 11 and 16 of the Convention). According to the Government, labour inspection has been strengthened and more labour inspectors have been recruited and trained. The Government states that it is intended to recruit eight additional labour inspectors in the area of occupational safety and health. The Committee observes that, according to the Government, 4,000 inspections were performed by the Labour Services Department and 297 inspections by the Occupational Safety and Health Directorate from 2000 to 2002, and financial allocations to the Ministry of Labour and Vocational Training have been increased. It notes that inspections in the area of occupational safety and health have increased from 75 in 2000 to 143 in 2002. Moreover, the Committee notes with interest the Government’s efforts indicated in its report to provide training to labour inspectors on the job.

The Committee would be grateful if the Government would keep the ILO informed of further developments and results of the strengthening process. It also asks it to provide a copy of TEVET Act No. 6 of 1999, referred to in the annual report of the Ministry of Labour and Vocational Training..

2. Labour inspection and child labour. Referring to its 2003 comments under Convention No. 182, the Committee observes with interest the ongoing progress in instituting several programmes to combat child labour, launched since 2001. According to the Government, 55 labour officers have been specially trained to enable them to supervise compliance with relevant legislation.

3. Lack of financial resources. According to the Government, sufficient resources are still not available to implement the Convention fully. The Government also indicates in its report on Convention No. 129 that there are shortages of human resources and infrastructure. The Committee notes from the Government’s report received in 2001 that only one vehicle was then available inspectors in the southern region to carry out inspections throughout all the districts in the Region. Referring to its 2002 observation, the Committee strongly encourages the Government to envisage the possibility of seeking international financial cooperation with a view to strengthening the resources of the labour inspectorates to enable them cover needs progressively throughout the country.

4. Notification of industrial accidents and cases of occupational disease (Article 14) and occupational safety data (Article 21(g)). According to information communicated in the annual report of the Ministry of Labour and Vocational Training (2000-02), accidents have to be reported if they incapacitate workers from performing their normal employment for 14 days or more. On the other hand, under section 66 of Occupational Safety, Health and Welfare Act 1997, accidents occurring at the workplace disabling any person from carrying out normal duties at the workplace should be immediately notified in written form to the director of the Occupational Safety and Health Inspectorate. The Committee therefore asks the Government to indicate the relevant legislation applicable to the procedure of notification and to provide a copy with its next report.

The Committee notes the increasing number of accidents reported between 2000 and 2002. It would be grateful if the Government would provide explanations in this regard. It also asks it to indicate any impact on the activities of the labour inspectors of the implementation of the social security scheme following the adoption of Workers Compensation Act No. 7/2000.

5.  Annual report covering the labour inspection services (Articles 20 and 21). The Committee notes with satisfaction the information contained in the annual report (2000-02) of the Ministry of Labour and Vocational Training on: the administrative structure of the Ministry as the central authority responsible for labour inspection; the number of ongoing projects; and statistics relating to occupational accidents, employment structure, labour complaints, the number of inspections and the workforce. The Committee encourages the Government to continue its efforts to compile data, taking also into consideration the other requirements set out in Article 21, such as the number of enterprises liable to inspection, cases of occupational diseases and the number of inspection staff, with an indication of their distribution by service, grade, region and gender.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s report for the period ending 31 August 2001.

It also notes the attached tables.

The Committee notes that the Government continues to refer to the lack of financial resources which is hindering the effective operation of the labour inspection services. With reference to its previous observation, in which it noted that the request for ILO technical assistance to strengthen the labour inspection services had been approved, the Committee once again requests the Government to provide information on the action taken for this purpose and its results. The Committee draws the Government’s attention to the possibility, where the economic situation of the country does not permit an adequate application of the provisions of the Convention, to have recourse to international cooperation with the support of the ILO, if necessary, to seek the necessary funds.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report for the period ending 31 August 2001.

It also notes the attached tables.

The Committee notes that the Government continues to refer to the lack of financial resources which is hindering the effective operation of the labour inspection services. With reference to its previous observation, in which it noted that the request for ILO technical assistance to strengthen the labour inspection services had been approved, the Committee once again requests the Government to provide information on the action taken for this purpose and its results. The Committee draws the Government’s attention to the possibility, where the economic situation of the country does not permit an adequate application of the provisions of the Convention, to have recourse to international cooperation with the support of the ILO, if necessary, to seek the necessary funds.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the reports covering the period ending in June 1999. It notes with interest that the project proposal on the strengthening of the inspectorate services submitted by the Government at the 87th Session of the International Labour Conference with a view to receiving international cooperation in the form of technical assistance from the ILO has been approved. The Committee hopes that the funds needed to carry out this project will be available in the near future.

With reference to its observation of 1995, the Committee notes with interest the information showing that there was an increase in the number of labour inspectors during that year (Article 10 of the Convention). It also notes that, according to the Government, there is a need to increase the budgetary appropriations for the training of labour inspectors (Article 7) and to provide the latter with the material means necessary for the performance of their duties (Article 11). The Committee again notes that the production and publication of an annual inspection report, the form and content of which are prescribed in Articles 20 and 21, are still impossible owing to the financial constraints mentioned by the Government in each of its reports. It nonetheless notes that, according to the Government, the statistics of industrial accidents and occupational diseases (Article 21(f) and (g)) are updated regularly. The Committee trusts that the Government will send them with its next report and that it will also be in a position to provide up-to-date information on the human and material resources available for performing the main functions of the system of labour inspection (Article 3(1)) together with information on the state of progress of the abovementioned cooperation project for the strengthening of the inspectorate services and on progress made in establishing the conditions necessary for applying the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information provided by the Government in reply to its previous comments. It would be grateful if the Government would provide further information on the points raised below.

Articles 10 and 16 of the Convention. The Committee notes that there are seven factory inspectors (for aspects of safety, health and welfare of workers), and 13 labour inspectors (for general questions such as wages, hours of work, overtime, leave pay and other working conditions) who are responsible for inspecting the 4,340 workplaces employing 473,263 workers that are liable to inspection in the three regions of the country. Please indicate what measures are contemplated to increase the number of labour and factory inspectors to a sufficient level to secure the effective discharge of their duties, having due regard to all the factors mentioned in Article 10(a) of the Convention. Please indicate also the measures taken or contemplated to ensure adequate frequency and thoroughness of the inspection visits.

Article 11. The Committee would be grateful if the Government would provide general information on the arrangements made to furnish labour and factory inspectors with local offices that are suitably equipped in accordance with the requirements of the service and accessible to all persons concerned. The Committee notes that the Government's report indicates that due to inadequate funds, transportation is only provided to the three regional offices and to inspectors in the field, on a rotational basis. It further indicates that officers are encouraged to purchase their own vehicles which they can then use to carry out inspection visits and that travelling and other incidental expenses like food and accommodation are reimbursed or fully paid for by the Government. Please indicate what kind of encouragement is given to labour and factory inspectors to purchase their own vehicles and whether other expenses resulting from the use of private vehicles for inspection visits are taken into account in reimbursing them for transportation expenses.

Articles 20 and 21. The Committee notes that annual inspection reports have not been published but that the Government is fully aware of their importance. The Committee notes the statistics of the workplaces liable to inspection and the number of workers employed therein as required by paragraph (c) of Article 21. It trusts the Government will take the necessary measures to publish and communicate such reports within the time-limits provided for in Article 20 and that they will contain all the particulars listed in Article 21 including those in paragraphs (a), (b), (d), (e), (f) and (g).

The Committee wishes to suggest to the Government if it would consider exploring the possibility of seeking the technical assistance of the Office in taking measures to ensure that effect is given to the provisions of the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 10, 11, 16, 20 and 21 of the Convention. With reference to its previous observations, the Committee notes that no annual inspection reports have yet been published, although certain information and statistics provided for in Article 21 are included in the Ministry of Labour's annual statistical bulletins, the latest one being for the fourth quarter of 1987. The Government also states that a staffing review has been completed at the Ministry, inspections are being carried out, and collection of the necessary information is expected. In these conditions, however, the Committee is unable to determine whether the necessary staff and resources are available to the labour inspectorate to ensure that workplaces are inspected as often and as thoroughly as necessary, in accordance with the Convention. It hopes the Government will be able to make progress in the near future and that it will in any event supply full details in its next report on the Convention.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Articles 10, 11, 16, 20 and 21 of the Convention. With reference to its previous observations, the Committee notes that no annual inspection reports have yet been published, although certain information and statistics provided for in Article 21 are included in the Ministry of Labour's annual statistical bulletins, the latest one being for the fourth quarter of 1987. The Government also states that a staffing review has been completed at the Ministry, inspections are being carried out, and collection of the necessary information is expected. In these conditions, however, the Committee is unable to determine whether the necessary staff and resources are available to the labour inspectorate to ensure that workplaces are inspected as often and as thoroughly as necessary, in accordance with the Convention. It hopes the Government will be able to make progress in the near future and that it will in any event supply full details in its next report on the Convention.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 20 and 21 of the Convention. With reference to its previous comments, the Committee notes with regret that no progress has yet been made with regard to the publication of annual inspection reports. However, it notes from the report communicated by the Government in 1988, that it is planned to include the information and statistics provided for in Article 21 of the Convention in the Ministry of Labour's annual statistical bulletin. The Committee trusts that the Government will not fail to take the necessary steps to ensure that annual reports on the work of the inspection services are published and communicated to the International Labour Office within the time-limits laid down in Article 20.

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