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

The Committee notes the observations of the Federation of Free Trade Unions of Zambia (FFTUZ) on Conventions Nos 81 and 129, communicated with the Government’s report. The FFTUZ indicates that there is a need to intensify labour inspections. With respect to Convention No. 129, the FFTUZ indicates that there is a need to develop mechanisms that will respond to specific issues of labour inspection in the agricultural sector. The Committee requests the Government to provide its comments in this respect.

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 that the number of labour inspectors at the MSD in 2022–23 stands at 52, compared to 51 in the previous period (with 16 vacancies). It also notes that the number of labour inspectors at the Ministry of Labour and Social Security (MLSS) increased from 19 in 2020–21 to 22 inspectors in 2022–23 (with one vacancy). Moreover, the Committee notes the Government’s indication that the labour inspectorate recorded an increase in compliance levels with respect to occupational safety and health protocols by mine and factory operators. The Government adds, however, that some mines remain uninspected due to limited funds for inspections. From 2020 to mid-2023, the MSD and the MLSS conducted a total of 1,580 inspections in mines. In terms of fines applied to non-compliant mines and factories, from 2020 to mid-2023, the Committee notes from the report that fines totaled Zambian kwacha (ZMW) 1,061,173 (approximately US$46,000) for the MSD and 1,060,000 (approximately US$45,900) for the MLSS. Noting that some mines remain uninspected, the Committee 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 and collected. It also requests the Government to continue providing information regarding the number of labour inspectors in charge of the mining sector and the material means placed at their disposal.

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. In reply to its previous comment, the Committee notes that the Government provides information regarding the number of suspension orders following an accident or dangerous occurrence. It notes in this regard that 72 such orders were issued in 2020, 76 in 2021, 67 in 2022, and 22 in first half of 2023. In terms of duration, the Government indicates that sanctions last until all anomalies are rectified. The Committee requests the Government to continue to provide updated information on the number of orders made 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.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties entrusted to labour inspectors. In reply to the Committee’s previous request, the Government indicates that the additional duties assigned to labour inspectors do not adversely affect the execution of their primary duties, as the proportion of time spent to discharge their primary duties sits at an average of 70 per cent per week, and that in inspectors are typically expected to conduct inspections for three days per working week. The Committee takes note of this information, which addresses its previous request.

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 active collaboration exists between the MLSS and other institutions responsible for the monitoring of social security legislation, such as the Workers’ Compensation Fund Control Board, the National Pension Scheme Authority, and the National Health Insurance Management Authority. The Government indicates that, as a measure to address the challenges faced by the inspectorate in the prosecution of non-compliant employers, the Employment Code Act of 2019 provides for the application of administrative penalties by the Labour Commissioner, thereby avoiding lengthy court procedures. The enforcement of the provisions in the Code which deal with the administrative penalties has resulted in improvement in terms of compliance with the Law. The Committee requests the Government to indicate the number of cases in which the Labour Commissioner compounded offences in accordance with section 132 of the Employment Code Act and those in which the case was referred to the prosecutor. It also requests the Government to provide information on the outcome of those cases and amount of fines collected.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. In response to the Committee’s previous comment, the Government indicates that labour inspectors are employed on permanent and pensionable conditions of employment in Zambia, reviewed periodically through the collective bargaining process and Government circulars. Like other civil servants, labour inspectors are paid a monthly salary and remunerative allowances, including a rural or hardship allowance for those in remote and rural districts. The Committee requests the Government to provide information on the salary of labour inspectors in comparison to other government employees exercising similar duties and responsibilities.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. The Committee notes the information provided by the Government on the number of trainings and workshops organized for labour officers and labour inspectors during the reporting period, as well as the number of persons trained. The training topics included occupational safety and health, mine waste and mine water management, compliance with national labour legislation, and international labour standards. The Committee notes, however, that no information was provided on training offered to labour officers in the agricultural sector, on issues such as the handling of chemicals in agriculture. The Committee therefore 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.

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. In reply to its previous comment, the Committee notes the Government’s information that: (i) the number of labour inspectors at the MSD stands at 52 against the approved establishment of 68 while the number of labour inspectors under MLSS stands at 22 against the approved establishment of 23. Therefore, there is a total of 74 labour inspectors with 91 sanctioned positions; (ii) the MLSS now has its presence registered in 54 districts across the country and that 46 new labour officers have been employed, bringing the number of labour inspectors and officers to 176; (iii) the number of occupational health and safety officers (OSH) increased to 16 (compared to 13 in 2019); (iv) it provided four additional vehicles for inspections; and (v) there has been an increase in budget of the labour inspectorate between 2021 and 2023 and that funds for support to field stations are set aside within the Ministerial budget for office refurbishment and construction and procurement of office equipment and furniture. While noting these improvements, the Committee also notes that, according to the 2022 annual report of the MLSS, major constraints identified include poor staffing levels in the Department, which led to work overload on officers, especially those operating from the field stations, as well as the absence of transport, poor communication facilities and material supplies. The Committee therefore 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 and material means in all district offices and in all relevant sectors, including agriculture. It also requests the Government to continue to provide updated 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 workplaces liable to inspection at any hour of the day or night without prior notice to carry out investigations. The Committee refers to its previous comments where it noted that, pursuant to section 125(a) of the Employment Code Act of 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. In its response, the Government indicates that the Employment Code Act has sufficient provisions that grant labour inspectors the authority and access to conduct labour inspections at any workplace. Referring to other legislative texts, including the Factories Act, the Government further indicates that all labour inspections performed are unannounced, with the exception of OSH and MSD inspections which may require specialized technical personnel to be present in line with their work schedules at prescribed statutory inspection periods. Noting that the Factories Act and other legislative texts do not explicitly stipulate that labour inspectors are empowered to enter workplaces without previous notice, the Committee once again requests the Government to specify the measures taken to ensure that the MSD, OSH and labour inspectors are able to enter freely and without previous notice at any hour of the day or night any workplace 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 more detailed information on the total number of labour inspections performed annually, disaggregated by the number of announced and unannounced 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 its response, the Government refers to section 103 of the Mines and Minerals Development Act of 2015, which provides that a holder of a mining right, mineral processing licence or gold panning certificate who wilfully fails or neglects to give notice of an accident to the Director of Mines Safety commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding one year, or to both. The Government then refers to the Mines Safety Regulations which provide for employers to give notification of cases of occupational diseases that occur in the mining sector. It adds, however, that in small-scale mines accidents are under reported and that it continued raising awareness of the small-scale mine operators. Moreover, the Government indicates that some sections in the agricultural sector that qualify as factories, as defined in the Factories Act, are required to give notice of occupational accidents and diseases. With reference to its comment below under Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129, the Committee requests the Government to provide information of the number of occupational accidents and diseases notified to the labour inspectorate in all sectors, including disaggregated data for mining and agriculture.

Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129. Obligations of labour inspectors. The Committee notes that the Government reiterates that all public service workers are governed by the Code of Ethics, which requires them to observe confidentiality even after leaving the public service. The Government adds that labour officers, like any other public service workers, are bound by the oath of secrecy, which is a prerequisite to admission into the civil service. The Committee once again 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 receiving 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 2022 annual report of the MLSS, submitted with the Government’s report, contains information on the number of inspections and the fines collected but does not contain information on staff of the labour inspection service (Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129); statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129); statistics of industrial accidents and occupational diseases (Article 21(f) and (g) of Convention No. 81 and Article 27(f) and (g) of Convention No. 129). The Committee therefore request once again 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, 1978 (No. 150)

Articles 4 of the Convention. Organization of the labour administration system. In response to its previous comments on the impact of the Labour Market Information System (LMIS) on the effective operation of the labour administration system, the Committee notes with interest the Government’s indication that the LMIS was rolled out in February 2023 throughout the country. In addition, to assist with the smooth operation of the LMIS, appropriate equipment was procured, including computers (60), printers (60), tablets (59), and internet routers (55), which have been distributed to MLSS offices. Modules on labour inspection and child labour are currently on the system, and there are plans to add a module on occupational safety and health. The Committee notes the Government’s indication that the impact of the LMIS on the effective operation of labour administration has yet to be assessed. The Committee therefore requests the Government to provide information on the impact of the LMIS on the effective operation of the labour administration system in practice, in accordance with Article 4 of the Convention.

Article 7. Extension of the system of labour administration to cover workers who are not, in law, employed persons. The Committee notes with interest the information provided by the Government on the steps taken to extend the labour administration system to the informal economy, including: (i) the adoption of the National Health Insurance Act No. 2 of 2018 that allowed for own-account workers to be able to register with the National Health Insurance Scheme. Registration began in 2020 and, since then, over 1,019,127 workers in the informal sector have been enrolled; and (ii) changes to pension-related legislation made in 2019 to allow for own-account workers to enrol in a sub-scheme of the main National Pension Scheme. Noting the improvements made, the Committee requests the Government to continue to provide information on steps taken to extend the functions of the labour administration system to 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 Government indicates that it has continued to make efforts to increase labour administration funding, the number of officers, material means and financial resources. The Government further indicates that it intends to procure more motor vehicles that will be used throughout the district offices to further strengthen the enforcement of the labour laws. Noting the improvements made, the Committee requests the Government to pursue its efforts in this regard, and to continue to provide information on measures taken 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.

Direct Request (CEACR) - adopted 2019, 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 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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the Government’s first report. In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

Labour law reform. The Committee notes the Government’s reference, in its report under the Labour Administration Convention, 1978 (No. 150), to an ongoing labour law reform. The Committee requests the Government to provide more information on the measures taken in the framework of the abovementioned reform, and where applicable, to supply copies of any adopted legislative texts in the framework of this reform in relation to labour inspection.

Articles 2(1), 3(1)(a) and (b), 13, 16, 17 and 18 of Convention No. 81. Labour inspection in the mining sector. The Committee notes the Government’s indication, in its report, that the Mines Safety Department (MSD) in the Ministry of Mines, Energy and Water Development is responsible for labour inspection in mines. It also notes that, according to the 2012 Decent Work Country Profile concerning Zambia, the MSD faces inadequate funding and therefore a shortage of staffing, transport and fuel resulting in its unsatisfactory performance and reactive role (often attending to emergencies after accidents have already occurred). According to the same source, safety standards in the mines are reported to have deteriorated since the onset of the global financial crisis between 2008 and 2009. This increase has been attributed to, inter alia: employment by mines of largely casual labour that is unqualified, long shifts being worked by fewer workers for specific jobs, and employing cheaper but unsafe mining methods.

In its last comments under the Safety and Health in Mines Convention, 1995 (No. 176), the Committee noted a downward trend in infringements detected and fines imposed during mines inspections in the period 2008–12. In these comments, the Committee also noted the indications of the Government that as a result of assistance provided by the ILO in 2011, mines inspectors are now better equipped to assess risks in the mining sector and to understand risk assessment reports provided by employers. However, it also noted the observations made by the International Trade Union Confederation (ITUC) that working conditions in the mining sector remained poor and that the efforts put forward by the Government to improve safety standards in mines are extremely limited and insufficient, with almost no inspections being conducted by the MSD and the absence of reliable statistics on mining accidents due to the under-reporting of accidents and other dangerous occurrences by companies in order to avoid fines. The Committee requests the Government to describe the budgetary means, human resources and material means available to the MSD. It further requests the Government to provide information on the activities carried out by the MSD in the mining sector (number of inspections, awareness-raising activities, etc.) and their outcome (such as the number of violations detected, the legal provisions concerned, the measures taken and the sanctions imposed, the cases notified to the social security institutions, etc.).

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 inspectors. The Committee notes the reference of the Government to 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. The Committee further notes that, according to the labour inspection profile on the website of the ILO, activities to prevent occupational accidents and diseases appear to be insufficient, which includes a lack of occupational safety and health (factory) inspectors and monitoring tools. The Committee requests the Government to provide detailed information on the preventive activities undertaken in the area of occupational safety and health, including: training provided to employers and workers by labour inspectors; public awareness-raising programmes; and the adoption of measures with immediate executory force in the event of imminent danger to the health or safety of workers.

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 indication that labour inspectors are also engaged in other tasks, such as administrative assignments. It further notes from the labour inspection profile available on the website of the ILO that labour inspectors are responsible for a wide range of activities other than labour inspection and that they spend about 75 per cent of their time in dealing with complaints and disputes. However, it also notes from the same source that following a reform in 2006, the role of labour inspectors was refocused on inspections.

The Committee wishes to recall that Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129 provide that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. In addition, it draws the attention of the Government to the guidance contained in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which the functions of labour inspectors should not include that of acting as conciliators or arbitrators in proceedings concerning labour disputes and Paragraph 3 of Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), according to which the functions of labour inspectors in agriculture should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes except as a temporary measure. The Committee requests the Government to provide more detailed information on the additional duties assumed by labour inspectors (including the relevant legal provisions) as well as an estimate of the percentage of time spent on activities focusing on their primary labour inspection duties in relation to their other duties. It also requests the Government to take the necessary measures, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, to ensure that any other duties entrusted to inspection officers do not interfere with the effective discharge of their primary duties.

Article 5(a) and (b) of Convention No. 81 and Articles 12(1) and 13 of Convention No. 129. Cooperation with other private and public authorities exercising similar duties. Collaboration with workers and employers’ organizations. The Committee notes from the information in the 2012 Decent Work Country Profile that the Ministry of Information, Broadcasting and Labour collaborates with other institutions such as the MSD and the Zambia Environmental Management Agency (ZEMA) on health and safety issues. In its report under Convention No. 129, the Government further refers to an existing arrangement under the Tripartite Consultative Labour Council for the collaboration between the officials of the labour inspectorate and employers and workers, or their organizations. The Committee requests the Government to provide detailed information on the cooperation and collaboration of the labour inspection services with the MSD, the ZEMA and other private or public agencies (exchange of data, meetings, joint inspections, etc.). It also requests that the Government provide information on the collaboration between labour inspectors and the social partners within the Tripartite Consultative Labour Council (frequency of meetings, subjects discussed, outcome of such discussions, etc.).

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes the indication of the Government that labour inspectors are governed by the terms and conditions of the service of civil servants. In this regard, it also notes the information in the 2012 Decent Work Country Profile that a great number of labour inspectors have left the services since 2005, the majority opting to join other ministries, which according to this profile is perhaps an indicator of the low budget allocation of the Ministry. Moreover, according to the labour inspection profile on the website of the ILO, labour inspectors receive low salaries and have insufficient career prospects resulting in poor motivation.

The Committee draws the Government’s attention to paragraphs 204 and 209 of the 2006 General Survey on labour inspection, which emphasize that the levels of remuneration and career prospects of inspectors have to be such that high-quality staff are attracted, retained and protected from any improper influence. The Committee requests the Government to provide an explanation for the retention issue referred to above. It further requests the Government to indicate the measures taken or envisaged to grant labour inspectors appropriate conditions of service, including their wages, allowances and career prospects, with a view to attracting suitable candidates, retaining them within the labour inspection services and assuring their independence from undue external influences.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Recruitment and training of labour inspectors. The Committee notes the Government’s indication that labour inspectors are solely recruited based on their qualifications and, to a lesser extent, on their practical experience. It further notes the indication of the Government in its report under Convention No. 129, that the entry qualification for employment in the labour inspectorate is a first Degree in a Social Science and that the entry requirement for the Occupational Safety and Health Inspectorate is a first Degree in Natural Sciences (Chemical, Mechanical and Electrical Engineering).

The Committee also notes the indication of the Government that training programmes for labour inspectors are conducted through induction workshops and capacity-building programmes with the support from the ILO and other cooperating partners. Moreover, according to the Government, inspection schedules and forms have been designed to ensure the adequacy and thoroughness of inspections. The Committee requests the Government to provide further information on the training activities provided to labour inspectors (including on the subjects covered, the duration and frequency, and the number of participants of such training).

The Committee would also like to emphasize that the specific characteristics of work in the agricultural sector involve specific risks for workers, for example, risks related to the handling and use of dangerous chemicals and pesticides as well as agricultural machinery and therefore require that inspectors keep abreast of developments in this sector through continuous and adequate training. In addition, the Committee would also like to draw the Government’s attention to the guidance contained in Paragraphs 4–7 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), on the minimum qualifications needed by labour inspectors called upon to work in the agricultural sector. The Committee requests that the Government provide further information on how it is ensured that the training provided for labour inspectors enables them to acquire and maintain the technical knowledge necessary to perform their duties adequately in the agricultural sector.

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 occupational safety and health. The Committee notes the Government’s indication that the provisions of the Factories Act and the Mines and Mineral Development Act give effect to Article 9 of Convention No. 81 and Article 11 of Convention No. 129. The Committee requests the Government to specify the provisions referred to in the Factories Act and the Mines and Mineral Development Act. The Committee also requests the Government to provide information on the association of technical experts and specialists in the work of the labour inspectorate in practice, including the specific areas of expertise sought by the labour inspectorate (medicine, engineering, electricity, chemistry, etc.) and the manner in which these experts cooperate with occupational safety and health (factory) inspectors. The Committee also requests the Government to provide information on the association of duly qualified experts in the work of the labour inspection services in agriculture.

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 by the Government that 110 labour inspectors and 14 factory inspectors (specializing in occupational safety and health) are currently working within the labour inspection services. The Committee notes that the Government indicates that out of 53 district stations, only 22 have labour inspection and occupational safety and health offices and only nine of these offices have transport facilities. The Government further indicates that the frequency of inspections remains a challenge due to inadequate transport facilities and insufficient staff.

In this regard, the Committee notes from the information provided by the Government under Convention No. 150, that in 2015 only 0.01 per cent of the national budget was allocated to the labour administration services. The Committee further notes from the indications in the 2012 Decent Work Country Profile that the enforcement of the national legislation is severely constrained by inadequate funding. The Committee requests the Government to take measures to identify and allocate the financial resources necessary to meet the needs of the labour inspection services in terms of human resources (including for occupational safety and health inspections) and material means in all district offices.

The Committee also notes from the 2012 Zambia Labour Force Survey Report available on the Internet that the majority of employed persons were working in agriculture (52.2 per cent). In this regard, the Committee also notes that information provided by the Government that out of 53 district stations, only 22 have labour inspection and occupational safety and health offices and only nine of these offices have transport facilities. It further notes from the information in the 2012 Decent Work Country Profile that the district offices are poorly funded, inadequately staffed and have no occupational hygiene laboratories and equipment.

With reference to paragraph 255 of its 2006 General Survey on labour inspection, the Committee recalls that transport facilities are of particular importance for the effective exercise of the functions of the labour inspectors to reach agricultural undertakings in remote areas. It would also like to emphasize the importance for labour inspectors in agriculture to have at their disposal appropriate protective equipment to protect them from typical hazards in this sector (exposure to chemical products or pesticides, etc.). The Committee requests the Government to provide information on the human and material means of the labour inspection services in agricultural areas (number of labour inspectors, number of offices and detailed description of the material means at their disposal, including transport facilities).

Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. Free access of labour inspectors to workplaces liable to inspection at any hour of the day or night without prior notice to carry out investigations. The Committee notes that section 6 of the Employment Act, section 7 of the Factories Act, section 26 of the Occupational Safety and Health Act and section 126 of the Mines and Minerals Development Act provide for the powers of investigation of labour inspectors. It notes that none of these provisions explicitly stipulate that labour inspectors are empowered to enter workplaces without prior notice. In this regard, the Committee would like to refer to its indications in paragraphs 263 et seq. of its 2006 General Survey on labour inspection, where it emphasized that unannounced visits enable the inspector to enter the inspected premises without warning the employer or his or her representative in advance, especially in cases where the employer may be expected to attempt to conceal a violation, by changing the usual conditions of work, preventing a witness from being present or making it impossible to carry out an inspection.

The Committee further notes that three of these Act provide for different restrictions in relation to the timing of inspections, for example, certain examinations can only be undertaken “by day” (pursuant to section 6(2)(b) of the Employment Act), or “at reasonable times” without defining the term (pursuant to section 125(2) of the Mines and Minerals Development Act), or labour inspectors may only enter enterprises “with a warrant”, “at any reasonable time” without defining the term (pursuant to section 26(1) of the Occupational Safety and Health Act). The Committee recalls that, in paragraph 270 of its General Survey on labour inspection, it emphasized that the conditions for the exercise of the right of free entry to workplaces laid down by Conventions Nos 81 and 129 are intended to allow inspectors to carry out inspections, where necessary and possible, to enforce the application of legal provisions relating to conditions of work. It further indicated that the protection of workers and the technical requirements of inspection should be the primordial criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped. It finally emphasized that it should be for the inspector to decide whether a visit is reasonable, noting that obviously, inspections should only be carried out at night or outside working hours where this is warranted. The Committee requests the Government to indicate the measures taken to bring the abovementioned sections of the Employment Act, the Factories Act, the Occupational Safety and Health Act and the Mines and Minerals Development Act into conformity with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129.

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 notes that sections 76 et seq. of the Factories Act provide for the notification of industrial accidents and cases of occupational diseases to the labour inspectorate. It further notes that section 85 of the Mines and Minerals Development Act provides for the notification of accidents and dangerous occurrences to the Director of the MSD (but does not for the notification of occupational diseases). In this regard, the Committee also recalls that the ITUC, in its 2014 comments under the Safety and Health in Mines Convention, 1995 (No. 176), alleged that companies under reported occupational accidents and other dangerous occurrences. The Committee requests the Government to indicate the provisions providing for the notification of cases of occupational diseases that occurred in the mining sector. It further requests the Government to provide information on any practical difficulties encountered and the measures taken or envisaged to improve the functioning of the reporting mechanism concerning occupational accidents and diseases in practice. The Committee also requests that the Government provide information on the legal provisions governing the notification of occupational accidents and diseases in agriculture.

Article 15 of Convention No. 81 and Article 20 of Convention No. 129. Obligations of labour inspectors. The Committee notes that the Government has not provided information in relation to the application of these Articles of the Convention. It notes that section 7 of the Employment Act gives effect to the obligations of labour inspectors as provided for in Article 15(a) and (b) of Convention No. 81 and Article 20(a) and (b) of Convention No. 129, but that this Act does not reflect the principle of confidentiality provided for in Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129. On the other hand, it also notes that sections 10 of the Factories Act and 29 of the Occupational Safety and Health Act do reflect the principles provided for in Article 15(b) and (c) of Convention No. 81 and Article 20(b) and (c) of Convention No. 129, but do not give effect to the prohibition of labour inspectors to have any direct or indirect interest in the undertakings under their supervision provided for in Article 15(a) of Convention No. 81 or Article 20(a) of Convention No. 129. The Committee requests that the Government provide information on whether both labour inspectors (entrusted with the application of the Employment Act) and occupational safety and health inspectors (entrusted with the application of the Factories Act and Occupational Safety and Health Act) are bound by the obligations as provided for in Article 15 of Convention No. 81 and Article 20 of Convention No. 129. In this regard, it requests the Government to provide information how effect is given to these obligations in practice should they not be provided for in law (for example, training of labour inspectors to not reveal the source of a complaint, the oath taken by occupational safety and health inspectors to reveal any conflict of interest, etc.).

Articles 19, 20 and 21, in conjunction with Article 5(a) of Convention No. 81 and Articles 25, 26 and 27, in conjunction with Article 12 of Convention No. 129. Publication and communication to the ILO of annual labour inspection reports. The Committee notes that no annual labour inspection report has been received. It also notes that the Government does not provide any information on how effect is given, or is envisaged to be given to Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. The Committee notes however the Government’s indication that labour inspectors are required to submit inspection reports to the Departments of Labour and Occupational Safety and Health Services at the headquarters of the Ministry. It also notes that sections 11 and 87 of the Factories Act provide for the maintenance of a register of factories at the labour inspectorate.

In this regard, the Committee would like to draw the Government’s attention to its general observation of 2010, where it emphasized the benefits to be derived from drawing up and publishing an annual report on the work of the labour inspectorate. When well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their services. In this context, it also recalled that the ILO supervisory bodies, including the Committee of Experts, based on all the information contained in the annual report, are able to provide support to governments in the most relevant manner possible in the implementation of the commitments deriving from the ratification of the Convention. The Committee would also like to draw the Government’s attention to its general observation of 2009, in which it emphasized the importance of establishing and updating a register of workplaces and enterprises liable to inspection and the number of workers employed therein, which would provide the central labour inspection authorities with the data that are essential to prepare the annual report. The Committee requests that the Government provide information on the steps taken to enable the central labour inspection authority to fulfil its obligation to publish and transmit to the ILO an annual 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. The Committee also requests the Government to provide information on the availability of a register of factories, and where applicable, the efforts undertaken to establish a register of all workplaces liable to inspection, including through inter-institutional cooperation between the labour inspection services and other government bodies and public or private institutions (tax services, social security bodies, technical supervisory services, local administrations, the judicial authorities, occupational organizations, etc.) in possession of relevant data (Article 5 of Convention No. 81 and Article 12 of Convention No. 129). In this regard, the Committee also wishes to emphasize that the Government may avail itself of the technical assistance of the Office for this purpose.

Issues specifically concerning labour inspection in agriculture:

Article 5(3) of Convention No. 129. Extension of the labour inspection system to self-employed agricultural workers. The Committee notes the Government’s indication in its report that no declaration has been submitted to cover the categories of persons enumerated in Article 5(1). However, the Committee notes also the indication of the Government in its report under Convention No. 150, that while the current legislation does not cover the categories of workers mentioned in Article 7 of that Convention (that is: (a) tenants who do not engage outside help, sharecroppers and similar categories of agricultural workers; (b) self-employed workers who do not engage outside help, occupied in the informal sector as understood in national practice; (c) members of cooperatives and worker-managed undertakings; and (d) persons working under systems established by communal customs or traditions), reforms are being undertaken to extend coverage of social security to informal workers. The Committee therefore requests that the Government indicate to what extent it is envisaged to give effect to the provisions of the Convention in respect of one or more categories of persons referred to in Article 5(1), namely: (a) tenants who do not engage outside help, sharecroppers and similar categories of agricultural workers; (b) persons participating in a collective economic enterprise, such as members of a cooperative; and (c) members of the family of the operator of the undertaking, as defined by national laws or regulations.