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Comments adopted by the CEACR: Lesotho

Adopted by the CEACR in 2021

C014 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 4 of the Convention. Total or partial exceptions. In previous comments, the Committee had requested the Government to provide information on the progress made to reach agreement on the weekly rest scheme for workers in the mining company Letseng Diamonds (Pty) Ltd through consultations. The Committee notes that the Government indicates in its report that the Labour Code (Exemption of Diamond Mining Industry from sections 117 and 118) Regulations 2021, adopted in consultation with employers’ and workers’ organizations within the National Advisory Committee on Labour (NACOLA), provides for special weekly rest arrangements for this category of workers. The Committee takes note of this information, which addresses its previous request.
Article 5. Compensatory rest. In its previous comments, the Committee had noted that the Labour Code Order did not contain a general provision guaranteeing compensatory rest in case of total or partial exceptions to the ordinary weekly rest period. In this regard, the Committee notes the Government’s indication that the Labour Code Bill 2021 is at an advanced stage of promulgation and that it will give effect to Article 2 of the Convention. The Committee requests the Government to take the necessary measures to ensure that provision is made, as far as possible, for compensatory periods of rest in case of permanent or temporary exceptions to the weekly rest principle irrespective of any monetary compensation, including in the framework of the Labour Code Order’s revision process, as required by Article 5 of the Convention. It also requests the Government to transmit a copy of any new relevant legal text, once adopted.

C019 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1 of the Convention, and application of the Convention in practice. In its previous comments, the Committee requested the Government to provide a general appreciation of the practical difficulties encountered in the application of the Convention, as requested in Part V of the report form. It also requested the Government to provide a copy of the new Social Security Act when adopted, based on the Government’s indications that a bill, with an employment injury component, had been prepared. The Committee notes the Government’s indication in its report that the Social Security Bill extends the coverage of compensation in case of injuries to all workers. It further indicates that an effective fund would need to be established, in order to deal with all injuries due to accidents and occupational diseases.
The Committee hopes that the draft Social Security Act, once adopted, will provide for the equal of treatment of nationals of other member States that have ratified the Convention with the nationals of Lesotho with regard to work injury compensation, as required by Article 1 of the Convention. In this respect, the Committee requests the Government to provide a copy of the Act when adopted, indicating the provisions giving effect to the Convention.
The Committee further requests the Government to provide information on the practical application of the Convention, and in particular: i) information concerning the authorities that guarantee the application of the legislation and administrative regulations applying the provisions of the Convention ii) the decisions of tribunals involving questions of principle relating to the application of the Convention; and iii) a general appreciation of the manner in which the Convention is applied, providing for instance extracts of the report of the inspection services and statistical information concerning the number of foreign workers, their nationality, and the number and nature of accidents reported as regards such workers.

C026 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

The Committee notes that in November 2020, the Governing Body approved the report of the tripartite committee set up to examine the representation submitted by the United Textile Employees (UNITE), the National Clothing Textile and Allied Workers Union (NACTWU) and the Lentsoe La Sechaba (LSWU), under article 24 of the ILO Constitution (GB.340/INS/18/8). Noting that the representation concerned the issue of consultations with workers’ representatives and their effective association in the operation of the minimum wage-fixing machinery, the Committee will examine the follow-up given to the recommendations of the tripartite committee under Article 3 below.
Article 3 of the Convention. Operation of the minimum wage-fixing machinery. Consultation of employers’ and workers’ organizations. In its previous comment, the Committee requested the Government to provide detailed information on the process which will lead to the next revisions of the minimum wage rates, including on the consultations. The Committee also notes that the Governing Body in its decision on the representation invited the parties to avail themselves of ILO technical assistance with a view to further supporting the participation of the social partners in, and the effective functioning of, the minimum wage-fixing machinery in the country. In this respect, the Committee notes that the Government indicates in its report that: (i) new members have been appointed to the Wages Advisory Board (WAB), following the expiry of the former mandate, and that they will be trained in the exercise of their functions regarding the minimum wage-fixing and the rules and procedures of the WAB; (ii) ILO technical assistance has been sought in this regard; (iii) although the WAB aborted the process of revising the minimum wage rates in 2020 due to the outbreak of COVID-19, they were finally revised in 2021; and (iv) negotiations on the revision of the minimum wage rates are expected to begin by November 2021. In this context, the Committee requests the Government to continue to provide information on the process of revision of the minimum wage rates and on the consultations held in this regard, including on the results of the training provided to the new members of the WAB. The Committee hopes that in this framework, the Government will be able to further avail itself of ILO technical assistance to support the social dialogue process on minimum wage-fixing in the country.

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3 of the Convention. Right of workers’ and employers’ organizations to organize their activities and formulate their programmes. In its previous observations, the Committee had noted that section 198F of the Labour Code grants specific advantages (access to premises to meet representatives of the employer, to recruit members, to hold a meeting of members and to perform any trade union functions in terms of a collective agreement) to trade unions representing more than 35 per cent of employees, and that section 198G(1) of the Labour Code provides that only members of registered trade unions representing more than 35 per cent of the employees in enterprises employing 10 or more employees were entitled to elect workplace union representatives. The Committee requested the Government to take measures, including in the context of the ongoing labour law reform, to ensure that the distinction between most representative and minority unions does not result, in law or in practice, in granting privileges that would unduly influence workers’ free choice of organization. The Committee notes that the Government indicates that in the draft revised Labour Code, which has not been tabled before the Parliament, the distinction between the most representative and the minority unions will not unduly influence the workers' choice of organization, as bargaining rights are granted to both majority and minority trade unions. The Committee once again recalls that the distinction between most representative and minority unions should be limited to the recognition of certain preferential rights (for example, for such purposes as collective bargaining, consultation by the authorities or the designation of delegates to international organizations). The Committee encourages the Government to also include in the revision of the Labour Code the consideration of measures to amend sections 198F and 198G(1) to ensure that workers’ free choice of organization is not unduly influenced by the privileges granted by these provisions, and to send a copy of the revised Labour Code once adopted.
Articles 2, 3 and 5. Public officers’ associations. The Committee had previously noted that section 14(1)(b), (c) and (d) of the Societies Act required registered societies to supply to the Registrar-General, upon his or her order at any time, a list of office bearers and members of the society, the number and place of meetings held within the preceding six months, and such accounts, returns and other information as he or she thinks fit. It requested the Government to pursue its efforts to amend the Public Service Act to ensure that organizations of public officers were not subject to the obligations outlined in section 14(1)(b), (c) and (d) of the Societies Act, and that their supervision was limited to the obligation of submitting periodic financial reports or where there were serious grounds for believing that the actions of an organization were contrary to its rules or the law. The Committee further expressed its firm hope that the Government would take the necessary measures to ensure that public officers were able to establish and join federations and confederations, and affiliate with international organizations. The Committee notes that the Government indicates that: (i) the Ministry of Public Service is still awaiting Cabinet approval for the review of the Public Service Act; (ii) the draft revised Labour Code has abolished the divided system of labour law and will apply to all sectors of the economy, including the public service; (iii) a Labour Policy which underlines the application of international labour standards to all workers across sectors, including public servants, has been approved; and (iv) the Ministry had requested technical assistance from the ILO but the workshops that were scheduled were suspended because of the COVID-19 pandemic and the nationwide lockdowns. The Committee expects that the review of the Public Service Act will be conducted in the near future and will ensure that organizations of public officers are exempted from the application of section 14(1)(b), (c) and (d) of the Societies Act and that their supervision is limited to the obligation of submitting periodic financial reports or where there are serious grounds for believing that the actions of an organization were contrary to its rules or the law. The Committee also requests the Government to provide information on the specific measures taken, within the framework of the labour law reform, to ensure that public officers are allowed to establish and join federations and confederations, and affiliate with international organizations, in accordance with Article 5 of the Convention.
The Committee is raising other matters in a request addressed directly to the Government.

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Civil liberties. The Committee previously requested the Government to provide its detailed reply to allegations by the International Trade Union Confederation (ITUC) that the Secretary General and Acting President of the Lesotho Correctional Service Staff Association was suspended and subsequently dismissed in 2016 for commenting publicly on a Correctional Service Bill, which regulated offences and punishment for the correctional service staff. The Committee takes note of the Government’s indication that the Secretary General of the above-mentioned association was interdicted in January 2016 for airing issues that were still being addressed internally and affected the security of the State, without the authorization of the institution. The Government further informs that the Secretary General already had a case of insubordination against him at the moment of the interdiction, which led to his dismissal. On the other hand, the Committee observes that the ITUC observations indicated that the grounds for dismissing the Secretary General were entirely related to the interventions he had made as a trade union leader with respect to the Correctional Service Bill. In this vein, the Committee recalls that the right to express opinions without previous authorization through the press is one of the essential elements of the rights of occupational organizations. The Committee requests the Government to review its course of conduct in light of the foregoing and to reverse any measure, including dismissal, that may have been imposed on the Secretary General and Acting President of the Lesotho Correctional Service Staff Association in which his exercise of freedom of expression in the context of his trade union activities was a factor.
Article 3 of the Convention. Public Service Act. Restrictions on the exercise of the right to strike and compensatory guarantees. In its previous comments, the Committee requested the Government to take measures to amend section 19 of the Public Service Act to ensure that public servants other than those exercising authority in the name of the State were able to exercise the right to strike and that adequate compensatory guarantees existed for workers who were deprived of the right to strike. It further requested the Government to provide information on measures taken in that respect, including any awareness-raising activities carried out on the issue. The Committee notes that the Government reports that numerous meetings in the fiscal year 2018-19 have taken place between the Ministry of Labour and Employment and the Ministry of Public Service to assist the latter in appreciating its role as an employer as opposed to being the regulator or an executive arm of the Government. The Committee further notes that the Government indicates that it will provide a copy of the Public Service Act as soon as the law has been amended. The Committee expects that section 19 of the Public Service Act will be modified shortly to ensure that the prohibition of the right to strike in the public service is limited to public servants exercising authority in the name of the State and that adequate compensatory guarantees are provided to workers who are deprived of the right to strike. The Committee requests the Government to inform on any developments in this respect.
Protest action. The Committee previously requested the Government to provide its detailed comments on allegations by the ITUC that public servants and workers in the Lesotho Correctional Service were prohibited by the Ministry of Public Service from participating in a stay-away action and protest march organized in May 2016 by a number of non-state actors, trade unions and businesses represented by the Lesotho Chamber of Commerce and Industry. The Committee notes the Government’s indication that the Guidelines on Grievance Procedure in the Department for Staff, which became a Standing Order after being adopted through the Corrections Internal Circular No. 58 of 2012, provide a procedure to follow when there is a complaint in relation to major social and economic policy trends which have a direct impact on the staff, and further notes that the procedure set forth in the Guidelines calls for informal resolutions or formal hearings within a department. The Government also notes that the legislative base for these guidelines is the Prison Proclamation No. 30 of 1957. On the other hand, the Committee recalls that the ITUC alleged that the above-mentioned prohibition was broadly applicable to all civil servants and observes that the Government does not provide any comments in this respect. While acknowledging that civil servants exercising authority in the name of the State may have their right to strike restricted, the Committee considers that trade unions responsible for defending socio-economic and occupational interests should be able to use strike action or protest action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members (see the 2012 General Survey on the fundamental Conventions, paragraph 124). In light of the foregoing, the Committee requests the Government to indicate whether public servants may, with the only possible exception of those exercising authority in the name of the State, participate in strike actions. It further requests the Government to specify whether public servants, including workers in the Lesotho Correctional Service, are allowed to otherwise participate in protest actions to defend their occupational and economic interests.

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 4 of the Convention. Promotion of collective bargaining. Recognition of the most representative union. In its previous comments, the Committee noted that section 198A(1)(b) of the Labour Code defined a representative trade union as a “registered trade union that represents the majority of the employees in the employ of an employer”, and that section 198A(1)(c) specified that “a majority of employees in the employ of an employer means over 50 per cent of those employees”. It requested the Government to take the necessary measures in the context of the labour law reform to ensure that if no union reached the required majority to be designated as the collective bargaining agent, minority unions would be given the possibility to bargain collectively, jointly or separately, at least on behalf of their own members. The Committee notes that the Government indicates that in the labour law reform, all recognised unions are given bargaining rights and therefore minority unions should also enjoy the right to bargain collectively. While taking due note of these elements, the Committee requests the Government to provide information on the specific measures taken within the framework of the labour law reform to ensure that the rules determining the access of trade unions to collective bargaining comply with the Convention, and to provide copies of any laws or regulations adopted in this regard.
Representativeness requirements for certification of a union as the exclusive bargaining agent. The Committee previously noted that section 198B(2) of the Labour Code provides that the arbitrator may conduct a ballot “if appropriate” in the determination of disputes concerning trade union representativity. It also noted that the drafting instructions for the 2016 consolidation and revision of the Labour Code referred to the introduction of a formal requirement for ballots to be held in determining trade union representativeness, removing the arbitrator’s discretion as to whether a ballot is appropriate. The Committee takes note of the Government’s indication that it has undertaken to put in place regulations upon the enactment of the revised Labour Code to ensure that disputes which require the holding of secret vote to determine which trade union is most representative are in fact disposed of by means of a ballot. It further notes that the Government indicates that a copy of the envisaged regulations will be provided once adopted. The Committee expects that the ongoing labour law reform will be completed shortly and that the revised Labour Code and its accompanying regulations will ensure that a vote by secret ballot is held for the determination of disputes regarding trade union representativity. It requests the Government to provide a copy of the abovementioned texts once adopted. Moreover, the Committee once again requests the Government to take the necessary measures to ensure that the revised Labour Code allows 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.
Collective bargaining in the education sector. The Committee previously noted the Government’s indication that the drafting instructions for the 2016 consolidation and revision of the Labour Code identified that the Education Act should be clarified to state that teachers enjoy collective bargaining rights. It noted that section 64 of the Education Act of 2010 provided that a teacher had a right to form or become a member of any teacher formation, and that a teachers’ formation representing more than 40 per cent of practising teachers could apply for recognition to the Minister. The Committee requested the Government to provide information on the amendment to the Education Act and to ensure that if there is no union that reaches the required threshold to be designated as the collective bargaining agent, minority unions should be given the possibility to bargain collectively, jointly or separately, at least on behalf of their own members. It also requested the Government, in the meantime, to provide information on the application of section 64 of the Education Act in practice. The Committee notes the Government’s indication that there is no amendment of the Education Act of 2010 to date. It further notes that the Government informs that the Progressive Association of Lesotho Teachers has been recognized by the Ministry of Education and Training as the largest trade union in Lesotho, as per section 64 of the Education Act of 2010. The Government indicates, however, that when giving effect to this provision in practice, the minority unions are always included in the negotiations on issues relating to their members. While taking due note of this information, the Committee requests the Government to take, within the context of the labour law reform, the necessary measures to ensure that the right of teachers to bargain collectively is explicitly recognized in the legislation in a manner that, as mentioned in its previous comments, gives full effect to the Convention. The Committee also reiterates its previous requests to the Government to provide information on any collective bargaining agreements reached with teachers in the public and private sectors.
Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements signed and in force in the country and to indicate the sectors concerned as well as the number of workers covered.

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 5(1) of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide updated detailed information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards covered by Article 5(1)(a)–(e) of the Convention. The Committee notes that the Government, in its report, does not provide the information requested. The Committee therefore once again requests that the Government provide updated detailed information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards covered by Article 5(1)(a)–(e) of the Convention, especially those relating to the questionnaires on Conference agenda items (Article 5(1)(a)); re-examination of unratified Conventions (Article 5(1)(c)); reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).
Article 5(1)(b). Submission to Parliament. The Committee previously requested the Government to indicate whether tripartite consultations had been held with respect to the proposals made to the National Assembly and to the Senate in connection with the submission of the four instruments adopted by the Conference at its 103rd, 104th and 106th sessions (2010–17), including information regarding the date(s) on which the instruments were submitted to the competent authorities. It also requested the Government to provide information on the content and the outcome of tripartite consultations held in relation to the submission of the Violence and Harassment Convention, 2019 (No. 190), and its accompanying Recommendation. The Committee notes the Government’s indication that an audience was provided to the Minister of Labour to report to the National Assembly and the Senate on all adopted international labour instruments pending submission. The Government indicates that a limited number of sessions have been held by the two houses due to the COVID-19 pandemic and that it is awaiting their directions regarding the presentation of the Minister of Labour. The Committee notes, however, that the Government does not indicate whether the social partners were consulted with respect to the submission of the above-mentioned instruments. The Committee therefore reiterates its request that the Government provide detailed information on the holding of tripartite consultations regarding the proposals made to the National Assembly and to the Senate in connection with the submission of the six instruments adopted by the Conference at its 103rd, 104th, 106th and 108th sessions (2010–19), including information regarding the date(s) on which these instruments were submitted to Parliament.
In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

C150 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Labour law review. Following its previous comment, the Committee notes the Government’s indication in its report that the Labour Draft Bill 2021, that has been developed with the assistance of the ILO, will soon be transmitted to the Office of the Attorney-General for certification upon editing by the Office of Parliamentary Counsel. Taking note of this information, the Committee requests the Government to continue to provide information on the progress made with the review of the national labour legislation and to supply a copy of the relevant legislative texts, once they have been adopted.
Articles 4 and 10 of the Convention. Organization, staff and material resources of the labour administration system. The Committee previously noted the Government’s reference to persisting problems relating to the organization of the labour administration system, in particular the distribution of functions between the Labour Department and the Occupational Safety and Health Directorate. The Committee also noted that a plan of the Ministry of Labour and Employment was meant to provide for an increase in the number of labour inspectors and the establishment of a separate inspection unit at the Ministry of Labour. The Committee notes the Government’s indication that the Ministry of Labour & Employment initially intended to engage 120 labour inspectors, but due to the lack of space to accommodate them and the outbreak of COVID-19, which impacted on the economy of the State, only 14 labour inspectors were engaged on a 3 year basis. The Government indicates that the recruitment of more inspectors is planned, as well as the restructuring of the Ministry.
The Committee further notes that in July 2019, three labour inspectors participated in a Basic Labour Market Training that was held at the African Regional Labour Administration Centre with the purpose to assist the inspectors to appreciate the dynamics of the labour market. In addition, it notes that the Acting Inspections Manager and the Senior Legal Officer underwent a two months online Skills Dimensions of Labour Migration course offered by the ILO. The Committee notes that the Government has not provided a reply in relation to the distribution of functions between the Labour Department and the Occupational Safety and Health Directorate. The Committee requests once again the Government to provide information on the measures taken to improve the organization and coordination of the labour administration system, including on the ministerial restructuring and its impact on the labour administration system. It further requests that the Government provide information on the measures taken or contemplated to ensure that the labour administration system has adequate material resources and that the staff has the status and working conditions necessary for the effective performance of their duties. Finally, the Committee requests the Government to continue to provide information on the engagement of additional labour inspectors and on any training given to labour administration staff (subjects covered, numbers of participants, duration and frequency).
Articles 5 and 6. Employment policy and tripartite consultation. Following its previous comment, the Committee notes the Government’s indication that the development of the National Employment Policy has been put on hold. The Government indicates that the Ministry of Labour & Employment advocated for the development of a single labour policy, which would be translated into various strategies, including an employment strategy that would replace the national employment policy. Noting that the adoption of the national employment policy has been pending for many years, the Committee requests the Government to provide information on progress made and obstacles encountered in the adoption and implementation of the national labour policy, including the employment strategy, and to supply a copy once it has been adopted. It also requests the Government to provide information on the consultations held in this regard.
Article 7. Gradual extension of the functions of the labour administration system. The Committee notes that the Government’s report refers to a study on the informal sector, which, however, was not transmitted with the Government report. The Committee requests the Government to indicate how the study on the informal economy will be used to formulate a policy on the extension of the scope of the labour administration system to this sector. It also requests the Government to provide a copy of the study.
Application of the Convention in practice. Following its previous comment, the Committee takes note of the annual report of the Directorate of Dispute Prevention and Resolution (DDPR) (2019–20) sent by the Government with its report. The Committee notes that the DDPR faced two major challenges, namely limited financial resources and the COVID-19 pandemic, resulting in particular in a shortage of human resources and a lack of material resources. In this regard, the Committee notes that, among others, the activities in the area of prevention of disputes, consisting of training workshops, radio programmes and the issuance of educational pamphlets, have been compromised by this lack of resources. It further notes that in the area of dispute resolution, the Department has encountered difficulties due to the limited number of arbitrators, which has increased the number of pending cases, and also due to the grievance that has been lodged as a result of the reduction in their remuneration. It notes, however, that arbitrators who had been working on fixed-term contracts are now on indefinite contracts. The Committee requests the Government to provide information on the measures taken to strengthen the dispute prevention and resolution system and to address the difficulties mentioned. It further requests the Government to continue to furnish extracts of reports or other periodic information provided by the principal labour administration services.

C155 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (underground work (women)), 155 (OSH) and 167 (safety and health in construction) together.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Article 9(2). Adequate penalties. In its previous comment, the Committee noted the Government’s indication that employers who breach OSH provisions may be sentenced by the court to a fine of 600 Lesotho Loti (39 USD) or to imprisonment for three months, or both, in accordance with section 239 of the Labour Code. However, the Committee notes that, according to the Government, in the case of any OSH violations there are no prosecutions and the owner of the enterprise would be given a warning and would be instructed to rectify. The Committee requests the Government to take the necessary measures to ensure the provision of adequate penalties for OSH violations and their effective application. It also requests the Government to provide information on the application of the relevant provisions in practice, including the violations detected and the penalties imposed.
Article 11(d). Inquiries. The Committee notes the Government’s indication, in reply to its previous request, that when occurrences are designated as dangerous by the Labour Commissioner, they are subject to an inquiry. The Committee notes the “Incident Investigation Form” transmitted by the Government together with its report, which contains information on the company, the incident descriptions and/or injury information, the incident classification, the root causes, the recommended corrective actions to prevent future incidents and the summary of principal key learning from the incident. The Committee takes note of this information, which addresses its previous request.
Article 14. Promotion of occupational safety and health in education. Following its previous comment, the Committee notes the Government’s indication that, although there are no specific legislative provisions regarding the promotion of OSH at all levels of education, the Council of Higher Education has been made aware that OSH principles should be observed and incorporated in the manual of instructions of higher learning. The Government indicates that it hopes that the same sensitization and awareness-raising will be extended to other levels of education. The Committee requests the Government to continue to provide information on the measures taken in practice to include OSH issues at all levels of education and training.
Article 19(c) and (e). Information and consultation at the level of the undertaking. The Committee notes the Government’s indication in its report submitted under Convention No. 167, that section 93 (4) of the Labour Code provides that every employer shall consult employees’ representatives who sit on the safety and health committee, with a view to making and maintaining arrangements which will effectively promote measures of safety and health at work, and in checking the effectiveness of such measures. The Committee also notes the Government’s indication that the national OSH policy provides for workers to take part in hazard identification and risk assessment. The Committee requests the Government to indicate the provisions of national legislation ensuring that workers or their representatives and their representative organizations are enabled to enquire into all aspects of OSH associated with their work.

B. Protection in specific branches of activity

1. Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the International Labour Conference in 2024 (112th Session) for due regard to be given to its abrogation. The Governing Body also requested the Office to follow up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments related to OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group, and to consider ratifying the most up-to-date instruments in this subject area.

2. Safety and Health in Construction Convention, 1988 (No. 167)

Legislation. Following its previous comment, the Committee notes the Government’s indication that the national OSH policy adopted in 2020 will set the foundation for the enactment of the OSH Act, which will give effect to the principles provided by the Convention. The Committee further notes that the information provided by the Government responds to its previous request on the effect given to Articles 6, 10, 13, 14, 17(3) and 21 of the Convention. The Committee requests once again the Government to indicate how effect is given to Article 5 on technical standards and codes of practice; Article 8 on cooperation between two or more employers simultaneously undertaking activities at one construction site, and on cooperation duties of self-employed persons; Article 23(3) on safe and sufficient transport where work is done over or in close proximity to water; Article 27(b) on explosives not to be stored, transported, handled or used except by a competent person; Article 28(2)(a) on replacement of hazardous substances by harmless or less hazardous substances and disposal of waste; Article 31 on removal for medical attention. The Committee also refers to 2021 observation under Convention No. 155 regarding the adoption of the OSH Act.
Articles 1(3) and 7 of the Convention. Self-employed persons. The Committee notes the Government’s statement in its report, in reply to its previous request, that the new OSH Act, which the Government intends to adopt, will cover all workers and employers in all sectors of the economy and in all forms of employment relationships, including self-employed persons. Taking due note of this information, the Committee requests the Government to provide information on the developments in this respect.
Articles 11(d) and 12. Workers’ rights to report any situation presenting a risk and which they cannot properly deal with themselves and right to removal. The Committee notes that according to the Government, the national OSH policy includes the right of the workers to refuse to undertake any work that is not safe because of hazards existing before the commencement of the job. The Government indicates that the policy also provides for workers to take part in hazard identification and risk assessment. The Committee request the Government to take the necessary measures, in the context of the adoption of the OSH Act, in order to ensure that workers have the right to report to their immediate supervisor, and to the workers' safety representative where one exists, any situation which they believe could present a risk, and which they cannot properly deal with themselves. It also requests the Government to take measures to ensure that a worker shall have the right to remove himself from danger when he has good reason to believe that there is an imminent and serious danger to his safety or health.
Application of the Convention in practice. Following its previous comment, the Committee notes the statistical information provided by the Government on the number of occupational injuries with a breakdown by cause, nature and outcome of the accident for the period 2019–20. However, the Committee notes that the Government does not provide information on the number of workers covered by the legislation and the cases of occupational disease. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including on the number of workers covered by the legislation, the number, nature and cause of occupational disease and extracts from the reports of inspection services.

C155 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 2 of the Convention. Scope of application. Public employees. The Committee notes the Government’s indication, in reply to its previous request, that the national occupational safety and health (OSH) policy adopted in 2020 will pave the way for the adoption of the OSH Act, which will ensure that public employees benefit from the protection of the provisions of the Convention. The Committee further notes the Government’s reference to section 138 of the Public Service Regulations, 2008, which provides that the Head of Department shall establish and maintain a safe and healthy work environment for public officers, and that a public officer shall not engage in any activity that threatens the safety of other public officers. Taking due note of this information, the Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that public employees benefit from the protection of the provisions of the Convention, as well as any progress made regarding the adoption of the envisaged OSH Act. It request the Government to provide a copy of the national OSH policy and the relevant legislation, once adopted.
Articles 13 and 19(f). Protection of workers removed from imminent and serious danger. Following its previous comment, the Committee notes the Government’s statement that the Labour Code Bill 2021 will give effect to these provisions of the Convention. The Committee also notes the Government’s indication in its report under Convention No. 167, that the national OSH policy includes the right of the workers to refuse to undertake any work that is not safe because of hazards existing before the commencement of the job. The Committee requests the Government to provide information on any progress made towards the amendment to the Labour Code and to provide a copy of the relevant legislation as soon as it has been adopted, indicating the specific provisions giving effect to these Articles of the Convention.
Article 17. Collaboration between two or more undertakings engaged in activities simultaneously at the same workplace. The Committee notes the Government’s reference, in reply to its previous request, to section 25 of the Workmen’s Compensation Act of 1977, which concerns liability in case of workers employed by contractors. However, the Committee observes that Article 17 of the Convention refers to a situation where two or more undertakings are engaged in activities simultaneously at one workplace and collaboration is required in applying the requirements of the Convention. The Committee requests once again the Government to take measures to ensure in law and in practice that whenever two or more undertakings engage in activities simultaneously at one workplace, they collaborate in applying the provisions regarding OSH and the working environment.
The Committee is raising other matters in a request addressed directly to the Government.
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