Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the Government's reports for the period up to September 1998. It requests the Government to provide detailed information on the application of the following provisions of the Convention.

Article 1, paragraph 1. Please indicate whether premises on which any person performs work in connection with any business, undertaking or institution or otherwise, in the slaughtering of livestock (section 3(1)(a)(ix) of the Factories and Works Act) are considered in Zimbabwe as agricultural undertakings.

Article 1, paragraphs 2 and 3. Please indicate whether any decisions have been taken pursuant to each of these paragraphs and describe the procedure followed for consultation with the most representative organizations of employers and workers.

Article 2. Please clarify whether the provisions of the Factories and Works Act are in fact applicable to the inspection of agricultural undertakings, and indicate whether arbitration awards are enforceable by the Labour Relations Officers, inspectors appointed under the National Social Security Authority Act (the NSSA Act) and the Designated Agents employed by the National Employment Council for the Agricultural Industry (the NEC).

Article 3. Please describe the cooperation between the Labour Relations Officers, inspectors appointed under the NSSA Act, and the Designated Agents employed by the NEC.

Article 5, paragraph 3. Please indicate to what extent effect has been given or is proposed to be given to this provision.

Article 6, paragraph 1(a). Please indicate the specific provisions of the national legislation under which the staff of the National Social Security Authority (NSSA) are responsible for the inspection of safety and health aspects of the workplaces and authorizing occupational health and safety officers to carry out inspections with regard to the use of chemicals.

Article 6, paragraphs 1(b) and (c) and 2. Please indicate the specific provisions of the national legislation that give effect to these provisions of the Convention.

Article 6, paragraph 3. Please indicate whether any functions other than those provided for in paragraphs 1 and 2 of Article 6 are assigned to inspectors and, if so, describe their nature and the measures taken to ensure that they are exercised in accordance with the conditions laid down in this paragraph.

Article 7, paragraphs 1 and 3. Please indicate whether it has been envisaged to place the following inspection authorities under the supervision and control of a single central body: Labour Relations Department of the Ministry of Public Service, Labour and Social Welfare; the NEC; and the NSSA.

Article 8, paragraph 1. Please provide the following information:

-- In respect of Labour Relations Officers: the regulations (if any) concerning their conditions of service, issued under section 19 of the Public Service Act; and an indication as to how their independence of improper external influence is assured.

-- In respect of inspectors appointed under the NSSA Act: indicate whether such inspectors are public service employees, subject to the Public Service Act; describe their conditions of service; describe the manner in which their stability of employment, independence of changes of government and independence of improper external influences are assured; please provide a copy of the respective regulations (if such exist).

-- In respect of the Designated Agents employed by the NEC: describe their conditions of employment; indicate the manner in which their stability of employment, independence of changes of government and independence of improper external influences are assured; please provide a copy of the respective regulations (if such exist).

Article 9, paragraphs 1 and 2. Please provide information on the conditions governing and qualifications required for recruitment of inspectors appointed under the NSSA Act and Designated Agents employed by the NEC respectively.

Article 9, paragraph 3. Please indicate measures taken to ensure that inspectors appointed under the NSSA Act have adequate training for the performance of their duties upon their entry into service and benefit from retraining in the course of employment.

Article 10. Please indicate whether the inspection staff appointed under the Labour Relations Act, the NSSA Act and Collective Agreement for the Agricultural Industry includes women and, if so, whether any special duties are assigned to them.

Article 11. Please indicate whether technical experts and specialists who are not members of the inspection staff are associated in the work of the labour inspection in agriculture.

Article 14. The Committee asks the Government to provide the following information:

-- In respect of Labour Relations Officers: indicate the number of such officers conducting, among other matters, inspections in agriculture; and the number of those assigned functions of a technical or specialized character.

-- As regards inspectors appointed under the NSSA Act and of the Designated Agents employed by the NEC: indicate their respective numbers, distribution by categories, assignation of functions of a technical or specialized character; and geographical distribution. Please also indicate the number of Designated Agents assigned to each of the locations mentioned in the report (Harare, Mutare, Chiredzi, Bulawayo, Chinhoyi, Bindura).

Article 15, paragraph 1(b). Please indicate the geographical distribution of cars and other means of transport furnished to the Labour Relations Officers, inspectors appointed under the NSSA Act and the Designated Agents employed by the NEC in relation to the number of inspectors.

Article 15, paragraph 2. The Committee asks the Government to indicate how inspectors, appointed under the NSSA Act and the Designated Agents employed by the NEC are reimbursed any travelling and incidental expenses which may be necessary for the performance of their duties.

Article 16, paragraph 1(a). Please clarify whether the Labour Relations Officers and the Designated Agents employed by the NEC can conduct inspections at night time and, if so, indicate the specific provisions of national legislation establishing such rights.

Article 16, paragraph 1(b). Please indicate the specific provision of national legislation which gives effect to this provision of the Convention in respect of Labour Relations Officers.

Article 16, paragraph 1(c)(i). The Committee asks the Government to clarify whether the Labour Relations Officers enjoy the right provided by this provision in respect of matters within the competence of the Labour Relations Officer but not explicitly mentioned in section 126(1)(b) of the Labour Relations Act. Please also indicate how the national legislation gives effect to this provision as regards inspectors appointed under the NSSA Act and the Designated Agents employed by the NEC.

Article 16, paragraphs 1(c)(iii), 2 and 3. Please indicate how national legislation gives effect to these provisions of the Convention in respect of Labour Relations Officers, the inspectors appointed under the NSSA Act, and the Designated Agents employed by the NEC.

Article 17. Please indicate the cases and conditions under which the Labour Relations Officers, the inspectors appointed under the NSSA Act and the Designated Agents employed by the NEC are associated in the preventive control referred to in this Article.

Article 18, paragraphs 1, 2(a) and 2(b). Please indicate the specific provisions of national legislation which confer on the Labour Relations Officers, the inspectors appointed under the NSSA Act and the Designated Agents employed by the NEC the powers provided under each of these provisions, specifying the procedures through which they may exercise these powers.

Article 18, paragraph 3. If effect is given to this provision, please indicate the competent authority and the procedure followed under the conditions described therein.

Article 18, paragraph 4. Please indicate in what manner effect is given to this provision of the Convention.

Article 19, paragraph 1. The Committee asks the Government to indicate: the manner in which information on accidents is transferred from the general manager of the NSSA to the inspectors appointed by the Minister of Public Service, Labour and Social Welfare under section 39 of the NSSA Act; the procedure for notification of the general manager of the NSSA and/or inspectors appointed by the Minister of Public Service, Labour and Social Welfare under section 39 of the NSSA Act; and whether information about accidents and occupational diseases is communicated to Labour Relations Officers and to the Designated Agents employed by the NEC.

Article 19, paragraph 2. With reference to sections 14(2) and 15(1)(b) of Statutory Instrument No. 68 of 1990, the Committee requests the Government to indicate whether inspectors appointed under the NSSA Act, as well as Labour Relations Officers, and the Designated Agents employed by the NEC are associated with on-the-spot inquiries into the causes of occupational diseases and, if so, by virtue of which provisions.

Article 20, paragraph (a). Please specify the legal provisions relating to prevention of corruption that give effect to this provision.

Article 20, paragraphs (b) and (c). Please specify the legal provisions that give effect to these provisions in respect of the Labour Relations Officers and the Designated Agents employed by the NEC.

Article 21. The Committee asks the Government to provide information on the frequency rate of routine inspections carried out by the Labour Relations Officers; inspectors appointed under the NSSA Act and the Designated Agents employed by the NEC; and other types of inspections carried out by each of these three categories of inspectors.

Article 22, paragraphs 1 and 2. Please specify the legal provisions which empower the Labour Relations Officers, inspectors appointed under the NSSA Act and the Designated Agents employed by the NEC to institute legal proceedings without previous notice as well as those which give them the discretion to give warning and advice instead of instituting or recommending proceedings.

Article 23. Please confirm whether the Designated Agents employed by the NEC are themselves authorized to institute proceedings and, if so, indicate the relevant legal provisions.

Article 25, paragraph 1. Please specify the legal provisions establishing the duty of Labour Relations Officers, inspectors appointed under the NSSA Act and Designated Agents employed by the NEC respectively, to submit periodical reports on the results of their activities in agriculture to the central inspection authority.

Article 25, paragraph 2. The Committee asks the Government to provide information on the manner of drafting reports; on the subjects dealt with; and the frequency of their submission.

Article 26. The Committee notes that no annual report on the work of the inspection services in agriculture seems to be published. The Committee requests the Government to indicate the measures taken or envisaged to bring national legislation into conformity with this Article. In order to facilitate the task of the Government to prepare the annual report the Committee would like to draw its attention to the fact that a sample of an annual general report of the Labour Inspection Services is provided in Appendix III to the 1985 General Survey on labour inspection.