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Solicitud directa (CEACR) - Adopción: 2019, Publicación: 109ª reunión CIT (2021)

Zambia

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 2013)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 2013)
Convenio sobre la administración del trabajo, 1978 (núm. 150) (Ratificación : 1980)

Otros comentarios sobre C081

Solicitud directa
  1. 2023
  2. 2019
  3. 2016

Other comments on C129

Solicitud directa
  1. 2023
  2. 2019
  3. 2016

Other comments on C150

Solicitud directa
  1. 2023
  2. 2019
  3. 2016
  4. 2011
  5. 2010
  6. 2007
  7. 2005
  8. 2000
  9. 1999
  10. 1995
  11. 1992
  12. 1991
  13. 1987

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.
Labour law reform. The Committee takes note of the adoption of the Employment Code Act 2019, which repeals the Employment Act and provides, in its Part X, for the method of appointment and powers of labour inspectors responsible for ensuring compliance with the Act.

Labour inspection: Conventions Nos 81 and 129

Articles 3(1)(a) and (b), 10, 11, 13, 16, 17 and 18 of Convention No. 81. Labour inspection in the mining sector. In response to its previous comments regarding the budgetary, human and material means available to the Mines Safety Department (MSD), the Committee notes the information in the Government’s report regarding the existence of constraints related to the staffing level of the MSD, which is under pressure to cover the whole country despite the significant growth in the mining industry, and shortages in respect of means of transport and equipment. In particular, the Government indicates that, due to the lack of equipment, some statutory examinations and analyses could not be carried out. With regard to activities undertaken by the MSD and their outcomes, the Committee also notes the information provided by the Government regarding 1,133 inspections undertaken as of August 2019 as well as awareness-raising activities and trainings. The Government also indicates that 11 fatal accidents were recorded during the first quarter of 2019, eight serious non-fatal accidents, and two dangerous accidents at the Dangote mine and the Munali nickel mine. With reference to its comments under this Convention and also Safety and Health in Mines Convention, 1995 (No. 176), the Committee welcomes the information provided on the measures which have been taken with a view to reduce such incidents. The Government indicates that in the first seven months of 2019, it inspected 152 mines and recorded 316 violations, of which 39 had been resolved by the mines at the time of its report. The Government further indicates that for violations not yet resolved, fines and suspension of operations are available, and fines as of 31 July 2019 were Zambian kwacha (ZMW) 71,683,000 (US$5,478,229). The Committee encourages the Government to pursue its efforts in this regard. The Committee requests the Government to provide further information regarding the number of labour inspectors in charge of the mining sector, the material means placed at their disposal, as well as measures taken to mitigate the shortages identified. The Committee also requests the Government to continue to provide information on the number of mine inspections and the outcome of these inspections, including the amount of fines assessed as well as collected.
Articles 3(1)(b) and 13 of Convention No. 81 and Articles 6(1)(b) and 18 of Convention No. 129. Preventive activities of occupational safety and health (OSH) inspectors. The Committee previously noted the powers of labour inspectors with executory force in the event of a threat to the safety and health of workers, under the Factories Act and the Mines and Minerals Development Act. It requested information on the preventive activities undertaken by labour inspectors in the area of OSH, including orders requiring the adoption of measures with immediate executory force in the event of imminent danger to the health and safety of workers. In this regard, the Committee notes that the Government provides information regarding the types of inspections carried out in the field of OSH, training on OSH provided to workers, as well as the involvement of the OSH Service Department in campaigns. With regard to measures with immediate executory force, the Committee notes the Government’s statement that, in the mining sector, any failure to correct anomalies detected by the date set by labour inspectors attracts further sanctions like fines or the suspension of operations until the anomalies are corrected. The Committee requests the Government to provide further information on the orders made, in practice, by labour inspectors, pursuant to section 103 of the Factories Act and sections 36 and 75 of the Mines and Minerals Development Act, which require measures with immediate executory force in the event of imminent danger to the health or safety of the workers, including the number of such orders made, and their duration and effect.
Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties entrusted to labour inspectors. The Committee notes the Government’s statement, in response to its previous comments, that the additional duties of labour inspectors include administrative assignments, such as the preparation of national events; international and regional reports; dispute resolution; labour law reforms; and any other duties incidental to labour administration. The Committee once again requests the Government to indicate the proportion of time spent by labour inspectors on the additional duties listed by the Government, in comparison to the time spent on the discharge of their primary duties, as envisaged under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129.
Articles 5(a) and 18 of Convention No. 81 and Articles 12 and 24 of Convention No. 129. Cooperation with other private and public authorities exercising similar duties, including the judiciary, and effective enforcement of penalties. The Committee notes the Government’s indication, in reply to its previous request, that the application of laws on social security is enforced by the Ministry of Labour and Social Security, the National Pension Scheme Authority (NAPSA), and the Workers’ Compensation Fund Control Board. In this regard, the Government refers to the existence of collaboration between the Ministry of Labour and Social Security and NAPSA, including in the form of joint inspections. In addition, the Government indicates that the biggest challenge faced by the inspectorate is the prosecution of non-compliant employers, and that, while the law provides for penalties, the lengthy court procedures are an obstacle. The Committee requests the Government to provide further information regarding the manner in which the Ministry of Labour and Social Security collaborates effectively with other bodies responsible for monitoring social security legislation such as NAPSA. It also requests the Government to provide further information on the application of sanctions provided by national legislation in practice, including any measures taken or envisaged to remedy the difficulties identified in relation to the prosecution of non-compliant employers.
Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with workers and employers’ organizations. The Committee notes the information provided by the Government on the meetings of the Tripartite Consultative Labour Council (TCLC), in response to its previous comments.
Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes that, pursuant to section 123 of the newly adopted Employment Code Act 2019, the Civil Service Commission may appoint suitably qualified officers as labour inspectors for purposes of ensuring compliance with the Act, on the terms and conditions that the Emoluments Commission may determine. The Government further indicates that all labour officers are employed under the terms and conditions of service determined in the General Public Service Conditions of Service and the Emoluments Commission. In response to its previous comments on the measures taken or envisaged to grant labour inspectors appropriate conditions of service with a view to retaining them, the Committee also notes the information from the Government regarding efforts made to train labour inspectors locally and internationally, and improving the material means at their disposal. The Committee requests the Government to indicate the terms and conditions on which labour inspectors are appointed, as determined by the Emoluments Commission, and in accordance with section 123 of the Employment Code Act 2019. In addition, the Committee requests the Government to continue to provide information on the status and conditions of service of labour inspectors, including by identifying the provisions of the General Public Service Conditions of Service applicable to them.
Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. The Committee welcomes the Government’s reference, in response to its previous comments, to a number of trainings and workshops organized for labour officers and labour inspectors in 2018 and 2019. In respect of agriculture, the Committee also notes the Government’s statement that the training offered to labour officers is adequate to enable them to conduct inspections in the agricultural sector, but that there has been no training specifically on the handling of chemicals in agriculture. The Committee requests the Government to continue to provide information on the trainings conducted for labour inspectors, including any trainings conducted to ensure that labour inspectors in agriculture are adequately trained for the performance of their duties, including with respect to the handling of chemicals.
Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Association of duly qualified technical experts and specialists in the area of OSH. The Committee notes the information provided by the Government on the application in practice of these Articles, including on the work of OSH inspectors alongside engineers and other professionals in various industries. The Government also provides information on the Safety Liaison Committee established in the electricity supply industry, in which the OSH inspectorate and the MSD participate, alongside electrical engineers from the industry.
Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Human resources of the labour inspectorate. Financial and material means. The Committee notes the information provided regarding the financial resources allocated to the labour administration system, the number of labour inspectors and labour officers and the material means placed at their disposal. In particular, the Committee notes with interest the Government’s indication that the total number of labour inspectors and officers has increased to 156 in 2019 (compared with 110 in 2016), with 46 newly hired labour officers, and that efforts to improve the material means at the disposal of the labour inspection system are being made, including improved internet connectivity and the provision of ten vehicles across all provincial offices. The Committee nevertheless notes that, according to the Government, human and financial resources allocations towards OSH inspections continue to be inadequate. In this respect, the 2018 annual report of the Ministry of Labour and Social Security indicates that low staffing levels continued to prevail in the OSH Service Department, and that the department was affected by the intermittent release of funding from the treasury, which did not match the needs of the department. The Government indicates that there are only 13 OSH inspectors, present in four districts. The Committee requests the Government to continue to pursue its efforts to identify and allocate the financial resources necessary to meet the needs of the labour inspection services in terms of human resources (particularly for OSH inspections) and material means in all district offices and in all relevant sectors, including agriculture. It requests the Government to continue to provide information on measures taken in this regard, as well as on the number of labour inspectors and OSH inspectors by district.
Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. Free access of labour inspectors to work places liable to inspection at any hour of the day or night without prior notice to carry out investigations. The Committee notes that, pursuant to section 125(a) of the Employment Code Act 2019, a labour inspector may enter and search any premises where information or documents which may be relevant to an inspection may be kept, but the section does not stipulate that inspectors are empowered to enter premises without notice. As concerns other inspectorates, the Committee previously noted that the Occupational Safety and Health Act, the Factories Act, and the Mines and Minerals Development Act provided various restrictions in relation to the timing of inspections, and that none of these Acts explicitly stipulate that labour inspectors are empowered to enter work places without previous notice. In response, the Government indicates that the legislation as it stands is sufficient to equip labour inspectors with enough authority and access to allow them conduct labour inspections at any work place. The Committee requests the Government to specify the measures taken to ensure that the MSD, OSH inspectors and all other inspectors responsible for labour inspections are able to enter freely and without previous notice at any hour of the day or night any work place liable to inspection, in accordance with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. The Committee further requests the Government to provide information on the proportion of unannounced inspections performed annually in relation to total labour inspections.
Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee previously requested the Government to indicate the provisions requiring the notification of occupational diseases in the mining sector, and the legal provisions governing the notification of occupational accidents and diseases in agriculture. In response, the Government refers to the Mining Regulations, and states that undertakings in the agricultural sector that qualify as factories, as defined in the Factories Act, are required to give notice of occupational accidents and diseases. The Committee observes that the Mining Regulations 1971, as amended, are silent on the issue of the notification of occupational diseases. With regard to practical difficulties and measures taken to improve the reporting mechanism concerning occupational accidents and diseases in practice, the Committee also notes the Government’s statement that such difficulties arise particularly in small mines that under-report accidents, and that the Government has continued sensitizing such employers. In addition, in its reports on the Occupational Safety and Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Government refers to the creation of an integrated information system to enable the collection of up-to-date data on OSH, including statistics on occupational injuries. The Committee requests the Government to take the necessary measures, including through the revision of existing legislation such as the Minerals and Mines Development Act and the Mining Regulations, to ensure that the labour inspectorate is notified of cases of occupational disease in the mining sector, in accordance with Article 14 of Convention No. 81. It also requests the Government to take the necessary measures to ensure the notification of accidents and diseases in all agricultural undertakings, in accordance with Article 19 of Convention No. 129. In addition, the Committee requests the Government to provide further information on the types of activities undertaken to sensitize employers in small-scale mines, with regard to the notification of occupational accidents and diseases. Finally, the Committee requests the Government to provide information on the progress in the development of an integrated information system for the collection of data on occupational injuries, and its impact on the work of the labour inspectorate.
Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129. Obligations of labour inspectors. The Committee notes the indication of the Government, in response to its previous comments on the measures giving effect to these Articles, that all public service workers are governed by the Code of Ethics. This Code requires them to observe confidentiality even after leaving the Public Service, and not to disclose without authority official information which has been communicated in confidence within the Government, or received in confidence from others. The Code of Ethics further requires that the Public Service shall avoid situations in which their private interests conflict, or might reasonably be perceived to conflict, with the impartial fulfilment of their official duties and the public interest. The Committee notes that the Code of Ethics also specifies that a breach of the Code may lead to the application of appropriate disciplinary action, in accordance with the provisions of existing Disciplinary Codes. The Committee requests the Government to provide further information on the manner in which it ensures that, in practice, labour inspectors treat as absolutely confidential the source of any complaint and give no intimation that an inspection visit was made in consequence of the receipt of such a complaint.
Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Publication and communication to the ILO of annual labour inspection reports. The Committee notes that the 2018 annual report of the Ministry of Labour and Social Security contains information on inspections conducted and occupational accidents in the reporting year, but does not contain information covering all the subjects listed under Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129. Therefore, the Committee once again requests the Government to take the necessary measures to enable the central authority on labour inspection to publish and communicate to the ILO an annual labour inspection report, containing complete information on all the subjects listed in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129.

Labour administration: Convention No. 150

Articles 4 and 5 of the Convention. Organization of the labour administration system. Cooperation with the social partners. In response to its previous comments on activities carried out by the labour administration to strengthen the labour administration system, the Committee notes the Government’s indication in its report that it continues to encourage social dialogue to ensure stability in the labour market. In this regard, the 2018 annual report of the Ministry of Labour and Social Security indicates that the TCLC, where labour issues are discussed with social partners, met four times in 2018. In addition, the Committee notes the Government’s reference to the development of a Labour Market Information System, which aims to be a database of all variables relating to the labour administration, to provide accurate information for decision-making and policy formulation, and to facilitate timely submission of reports from field stations. The Committee requests the Government to provide information on the impact of the Labour Market Information System on the effective operation of the labour administration system in practice, in accordance with Article 4 of the Convention. In addition, as regards tripartite consultations under Article 5 of the Convention, the Committee refers to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).
Article 7. Extension of the system of labour administration to cover workers who are not, in law, employed persons. The Committee notes the information provided by the Government on the steps taken to regulate the informal economy, including regulation of minimum wages and conditions for categories such as domestic workers, as well as plans to extend social security coverage to workers in the informal economy. The 2018 annual report of the Ministry of Labour and Social Security indicates in this regard that a consultant was hired to draft a National Strategy on the Extension of Social Security Coverage. The Committee requests the Government to continue to provide information on steps taken with a view to covering workers who are not, in law, employed persons, in accordance with Article 7.
Article 10. Material resources and staff of the labour administration system. The Committee previously requested the Government to take measures to identify and allocate the financial resources necessary to meet the needs of the labour administration services. In this regard, the Committee notes the Government’s indication that the percentage of the national budget allocated to the labour administration was 0.3 per cent in 2018 and 0.2 per cent in 2019. With reference to its comments above under Conventions Nos 81 and 129, the Committee also welcomes the Government’s indication regarding the hiring of new labour officers and the provision of additional vehicles for all provincial offices of the Ministry of Labour and Social Security. The Committee further notes the Government’s statement that efforts are being made to increase the number of labour officers and inspectors to meet the growing demands of the labour administration services. The Committee requests the Government to pursue its efforts in this regard, and to continue to provide information on measures taken or envisaged to ensure that the staff of the labour administration system have the status, material means and the financial resources necessary for the effective performance of their duties, in accordance with Article 10(2) of the Convention.
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