Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Labour Inspection Convention, 1947 (No. 81) - Lesotho (Ratification: 2001)

Article 4 of the Convention. Labour Reform. Structure and organization of the system of labour inspection. The Committee notes the adoption of the new Labour Act No. 3 in 2024 (Labour Act 2024) which consolidated all laws relating to labour and employment. In this respect the Committee takes note of the Government’s appreciation of the technical assistance provided by the ILO in addressing the issues concerning the efficiency of the labour inspection system. According to the labour inspection reports for 2022–23 and 2023–24, one of the future priorities is the establishment of the Labour Inspectorate Directorate and the Occupational Safety and Health Directorate. The Committee requests the Government to provide information on the structure of the labour inspection services following the adoption of the Labour Act 2024, including an organizational chart, if available. The Committee also requests the Government to provide information regarding the envisaged establishment of the two Directorates. It requests the Government to continue its efforts on improving efficiency of the labour inspection system, including through the ILO technical assistance.

Article 3(1) and (2). Additional functions entrusted to labour inspectors. Mediation. The Committee notes that according to the labour inspection report for 2023–24 there were 1,340 reported disputes between April 2023 and March 2024, 817 of which were resolved through mediation. The Committee notes with interest the Government’s indication that following the enactment of the Labour Act 2024, the labour inspectors are no longer engaged in mediation, which is currently conducted by three labour officers. In this respect, the Committee notes that, according to section 67 of the Labour Act 2024, the main functions of the labour inspectorate do not include mediation, and that section 34 provides for the establishment of the Directorate of Dispute Prevention and Resolution (DDPR), the role of which will be to resolve labour and employment-related disputes. The Committee requests the Government to indicate whether the DDPR has been established and to provide information on the recruiting of labour officers to assume conciliation duties and relieve labour inspectors from these tasks.

Article 3(1) and (2). Primary functions of labour inspectors. Labour inspection activities concerning the enforcement of legislation in relation to the employment of foreign workers. The Committee notes that during the reporting period, the labour inspectorate conducted joint inspections across various districts to identify victims of human trafficking and migrant smuggling by systematically checking employment certificates, wage records, attendance registers, and expatriate residence permits. In total, 226 inspections were carried out from April 2022 to March 2023, and 237 from April 2023 to March 2024. The Committee notes that of the 237 inspections in 2023–24, 110 cases revealed that employers were withholding workers' documents. However, despite these efforts, according to the labour inspection report for 2023–24, prosecution remains challenging due to a limited number of available prosecutors. At the same time, the Committee notes that, from March 2023 to April 2024, labour inspectors in Maseru initiated 21 prosecutions for violations related to the possession of valid work permits, following which, 46 expatriates were prosecuted, and both employers and employees were fined. The Committee recalls that in accordance with Article 3(2) of the Convention, additional duties that are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers are assigned to labour inspectors only in so far as they do not interfere with their primary duties. (General Survey of 2006 on Labour Inspection, paragraph 78). The Committee requests the Government to continue to provide information on the activities conducted by labour inspectors with regard to the employment of foreign workers, including the time and resources spent by the labour inspectorates in verifying the legal status of foreign workers as a proportion of inspectors’ overall time and resources. It requests the Government to provide detailed statistics on cases in which migrant workers in an irregular situation have been granted their due rights (including the payment of outstanding wages and social security benefits and orders for establishing an employment contract) or have had their situation regularized following an inspection visit. The Committee requests the Government to provide information on the measures adopted by the labour inspectorates towards employers who are employing workers without valid work permit, both in terms of fines and prosecutions initiated, and the outcome of those prosecutions.

Article 5(b). Collaboration with employers and workers or their organizations. In its previous comments, the Committee noted the Government’s indication that one obstacle impacting the labour inspection system is a lack of cooperation with employers’ and workers’ organizations. The Government indicates that, due to resource constrains, the Ministry of Labour and Employment has not been able to successfully implement the Strategic Compliance Planning (SCP) launched in 2016 to strengthen collaboration amongst workers and their organizations, employers and their organizations, government entities and media. The Committee once again requests the Government to provide information on measures taken to promote collaboration between the labour inspectorate and employers and workers or their organizations.

Article 7(3). Training of labour inspectors. The Committee notes that according to the labour inspection report for 2023–24, the Government with the support of the ILO, UNICEF and IOM focused on capacity-building programs to equip inspectors with the necessary skills and knowledge. However, the Committee notes the information provided in the labour inspection reports for 2022–23 and 2023–24 according to which, there is a persisting shortage of trained labour inspectors due to limited financial resources, as well as a lack of a training manual and refresher courses for labour inspectors. The Committee once again requests the Government to provide detailed information on the content and duration of training opportunities, including any retraining and refresher courses, provided to labour inspectors, the number of inspectors that participated in training, the subjects covered, and the impact of training courses on the effective discharge of their duties. It also requests the Government to provide information on the development of a training manual for labour inspectors.

Article 9. Association of duly qualified technical experts and specialists in the work of the labour inspection services.The Committee requests the Government to indicate the manner in which it ensures the collaboration of duly qualified technical experts and specialists for the purpose of securing the enforcement of the legal provisions relating to the protection of the health and safety of workers while engaged in their work and of investigating the effects of processes, materials and methods of work on the health and safety of workers, in accordance with Article 9 of the Convention.

Articles 5(a), 17 and 18. Effective enforcement of sufficiently dissuasive penalties and cooperation between the labour inspection services and other government services. The Committee notes that section 69 of the Labour Act 2024 empowers the labour officers to issue a compliance order and make an application to the Labour Court for confirmation of the compliance order when needed. According to the labour inspection report for 2022–23, there were 438 compliance orders but no prohibition orders. The labour inspection report for 2023–24 does not provide any relevant information in this respect. The Committee notes with interest that the new Labour Act 2024 provides several sections regarding fines for violations of its provisions, including for obstructing labour inspectors, which are considerably higher than the ones provided under the previous Labour Code, which has now been repealed. At the same time, the Committee notes that a series of persisting challenges related to enforcement are mentioned in the labour inspection reports, such as: the lack of an internal legal section for prosecution and the lack of cooperation with other ministries and other inspectorates. The Committee requests the Government to provide detailed information on the enforcement activities of the labour inspectorate, including infringements detected, the issuance of non-compliance notices and prohibition orders, the initiation or recommendation of prosecutions and their outcome (number of convictions in relation to the infringements reported, amount of penalties imposed, etc.). In this respect, the Committee requests the Government to provide information on the cooperation between the labour inspection services and the judicial authorities. It also requests the Government to indicate any measures adopted to address the persisting lack of a legal section for prosecution in the labour inspectorate, as well as the lack of cooperation with other inspectorates and other ministries.

In addition, the Committee recalls the pending comment regarding the Labour Administration Convention, 1978 (No. 150), adopted by the Committee in 2021, for which the Government will be requested to reply in 2027 in accordance with the reporting cycle.