Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Labour Relations (Public Service) Convention, 1978 (No. 151) - Lesotho (Ratification: 2023)

Article 1 of the Convention. Scope of application. The Committee takes note of the Government’s first report. The Committee notes with interest that Section 8 of the Labour Act 2024 includes in its coverage most public employees, except the Lesotho Defence Force, Lesotho Mounted Police Service, National Security Services and Lesotho Correctional Services.

Right to organize of prison staff. Noting that section 3(2) of the 2024 Act excludes from its scope the members of the Lesotho Correctional Services, the Committee recalls that, in its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), it had requested the Government to specify which legislative instruments provide to the members of the Lesotho Correctional Service the rights guaranteed by that Convention, in particular the right to collective bargaining. The Committee highlights that under Article 1 of the present Convention, only the police, the armed forces, high-level employees whose functions are normally considered as policymaking or managerial, and employees whose duties are of a highly confidential nature, may be excluded from the scope of the Convention The Committee therefore requests the Government to specify which legislative instruments provide to the members of the Lesotho Correctional Service the rights enshrined in the Convention.

Article 3. Public employees’ organizations. Registration of public servants’ organizations. The Committee takes note that under Chapter VIII of the Labour Act 2024, titled “Regulation and registration of trade unions, employers’ organizations and bargaining councils”, the Bahlanka Liberation Trade Union and Lesotho Public Employees Union have been registered. However, the Committee notes that the Labour Act does not provide guidance as to the transition from the status of the existing public officers’ associations which are registered under the Societies Act 1966, to the status of trade unions under the Labour Act. The Committee requests the government to clarify the procedure to ensure and facilitate the smooth transition of existing public officers’ organizations from the status of associations under the Societies’ Act, and their recognition as Trade Unions under the Labour Act.

Articles 4 and 5. Protection from discrimination and acts of interference. The Committee notes with interest the information provided by the government that: (i) Section 8 of the Labour Act 2024 provides all workers and employers with the right to organise and to join organizations of their own choice without prior authorization of Government; (ii) Section 140 of the Labour Act protects public employees from any prejudice because of membership of a trade union or participation in the lawful activities of a trade union; and (iii) Section 118 the Labour Act 2024 affords workers, including public servants, protection from employers who engage in union activities with the intention of influencing trade unions. The Committee also notes that Section 120 of the Labour Act codifies anti-union discrimination as an unfair labour practice, and that the Act provides for a compensation award which an arbitrator considers just and equitable in all circumstances, in the case of a violation of the Act.

Sufficiently dissuasive sanctions. The Committee refers to its comments under Convention No. 98 concerning section 144(5) of the 2024 Act. The Committee requests the Government to take the necessary measures, including of a legislative nature, to ensure that the compensation to be granted to public officers in case of anti-union dismissal is of a dissuasive nature.

Accessibility and promptness of procedures to ensure respect for the right to organize and collective bargaining. In its comment under Convention No. 98, the Committee noted the numerous institutions established by the 2024 Act whose competence is to promote and protect the right to organize and collective bargaining, including the National Advisory Committee on Labour (sections 11–18); the Industrial Relations Council (sections 26–33); the Directorate of Dispute Prevention and Resolution (DDPR) (sections 34–46); the Labour Court (sections 47–58); the Labour Appeal Court (sections 59–62); the Labour Commissioner (sections 63–64); and the Labour Inspectors (sections 65–69). The Committee recalled that the effectiveness of these mechanisms depends on several factors, including the accessibility and promptness of procedures. The Committee requests the Government to provide statistics concerning the number of cases handled by these bodies in the public service and the time elapsed between the start of the process and a decision rendered on the merits.

Article 6. Facilities to be afforded to public employees’ organizations. The Committee notes the Government’s statement that Section 114 of the Labour Act, 2024 mandates that an employer must afford an officer of a trade union, whose members include some of the employer’s workers, reasonable facilities to confer with the employer and those workers on matters affecting them. Failure to provide such reasonable facilities constitutes an unfair labour practice, and that Section 116 stipulates that an employer shall not unreasonably refuse access to the employer’s premises by a representative or official of a trade union that represents its workers. The Committee notes the Government’s statement that access must be granted during working hours for meeting with representatives of the employer, and access must also be granted outside working hours to recruit members, hold meetings, and carry out any trade union functions. These functions must be in accordance with a collective agreement, the trade union’s constitution, or the Labour Act. The Committee requests the Government to provide further information on the facilities that are afforded to the representatives of recognized public employees’ organizations in order to enable them to carry out their functions promptly and efficiently.

Article 7. Participation of organizations of public employees in the determination of terms and conditions of employment of their members. The Committee notes the information provided by the government that the terms and conditions of employment of public servants are provided for in the Basic Conditions of Employment for Public Officers, legal Notice No. 32 of 2011, while for Public officers holding statutory positions such conditions are provided for in the Statutory Salaries Act No. 8 of 1972, together with its regulations. The Committee notes with interest the information provided by the government that the Ministry of Public Service and representatives from trade unions and associations of the general public service, teachers, nurses, doctors, judiciary, and police service, are currently in the process of establishing a Public Service Coordinating Bargaining Council, whose draft constitution has been validated and is awaiting formal registration. Once the Council becomes operational, the council will develop and adopt its own internal procedures. Additionally, the Education Sector has applied for registration of the Bargaining Council in the education sector. However, the Committee notes that Section 14(2) of the PSA states that the Minister may revise or amend the conditions of employment, after consultation with such persons or bodies which are in the Minister’s opinion representative of the interests concerned. The Committee requests that the Government take the necessary steps to align the provisions of Public Service Act with the Convention.

Representativeness requirements for certification of a union as the exclusive bargaining agent. The Committee refers to its comments under Convention No. 98 and therefore requests the Government to: (i)amend section 113 of the 2024 Act so as to ensure that a vote by secret ballot will be held for the determination of disputes regarding trade union representativity for public servants; and (ii) take the necessary measures to allow new organizations, or organizations failing to secure a sufficiently large number of votes, to ask for a new election after a reasonable period has elapsed since the previous election

Representativeness thresholds. Under Convention No. 98, the Committee asked the Government to take the necessary legislative measures so as to ensure that when no union covers more than 50 per cent of the workers, minority unions may enjoy the right to bargain collectively with the employer, jointly or separately, at least on behalf of their own members. The Committee notes that Article 112 of the Labour Act, 2024 Act and section 22(2), PSA retained this requirement, and that the Education Act requires the support of 40 per cent of employees to register teachers’ formations. The Committee recalls that problems may arise when the law stipulates that a trade union must receive the support of 50 per cent of the members of a bargaining unit to be recognized as a bargaining agent; a representative union which fails to secure this absolute majority is thus denied the possibility of bargaining and that under such a system, if no union represents at least 50 per cent of the public agents, minority unions may enjoy the right to bargain collectively with the employer, jointly or separately, at least on behalf of their own members. The Committee requests the Government to take steps to amend Article 112 of the Labour Act, section 22(2) of the Public Service Act and the Education Act to reduce the threshold to register officers’ associations and teachers’ formations.

Collective bargaining in practice. The Committee recalls that, under Convention No. 98, it had noted with concern the indication of the Government that there are no collective agreements in force in the country and highlighted that the absence of collective agreements may be related to the restrictive representativeness criteria to engage in collective bargaining. The Committee notes that sections 23 to 25, PSA establish the Public Service Joint Advisory Council, composed of equal numbers of representatives of the government and the registered association of public officers, which has the authority to conclude collective agreements and submit proposals to the Minister on policy and legislation affecting the public service, promote labour–management collaboration and dialogue, and provide machinery for handling grievances. The Committee requests the Government to provide information about its plan to promote collective bargaining in the public service, both in law and in practice, so as to ensure that collective bargaining takes place in practice. The Committee also requests the Government to provide information on any collective agreement signed in the public service, indicating the sectors concerned as well as the number of workers covered. Recalling its comments under Convention No. 98, the Committee specificallyrequests the Government to provide information on any collective bargaining agreements reached with teachers in the public sector.

Article 8. Settlement of disputes. The Committee notes with interest the information provided by the government that Section 42 of the Labour Act, 2024 provides that disputes of interest such as those concerning the determination of terms and conditions of employment shall be resolved through conciliation and arbitration by the Directorate of Dispute Prevention and Resolution (DDPR); that Section 45 allows for expedited handling of disputes deemed urgent, especially where public service delivery may be affected; and that Section 47 of the Labour Act, 2024 provides that the Labour Court has jurisdiction to hear appeals and reviews of DDPR decisions. In addition, the Committee notes the information provided by the government that the Ministries will be advised to repeal the sections of their enabling statutes relating to dispute resolution by sector-specific tribunals under their remit with overlapping jurisdictions, procedural inconsistencies, and legal uncertainty in the adjudication of labour disputes pertaining to those sectors, namely the Public Service Tribunal under the Public Service Act 2005, the Local Government Tribunal under the Local Government Service Act 2008, and the Teaching Service Tribunal under the Education Act 2010.

Article 9. Civil and Political Rights. The Committee notes that neither the Labour Act 2024 nor the Public Service Act address the protection of civil and political rights of public servants, which is considered essential for the exercise of freedom of association. The Committee requests the Government to indicate the measures it has taken to protect public servants’ civil and political rights subject only to the obligations arising from their status and the nature of their functions.