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2006, Labour Inspection: Chapter VII - General inspection methods: Inspection visitsDescription:(General Survey) Convention:C081 Convention:P081 Convention:C129 Recommendation:R081 Recommendation:R082 Recommendation:R133 Subject classification: Labour Inspection Subject: Labour Administration and Inspection Document:(Report III Part 1B) Session of the Conference:95 Display the document in: French Spanish Document No. (ilolex): 252006G09 Chapter VII General inspection methods: Inspection visits 256. Under Article 16 of Convention No. 81 and Article 21 of Convention No. 129, workplaces or enterprises liable to inspection shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. How this provision is applied in practice is the basic test of any labour inspection system. The information sent to the ILO, including reports of some industrialized countries, continues to point to difficulties preventing the labour inspectorate from achieving satisfactory coverage of the workplaces liable to inspection; in some countries, it is not unusual for workplaces to have never been inspected at all. 257. In France, it is clear from the annual reports of the central labour inspection authority that the increasing number of enterprises and workplaces is matched by a steady decrease in the proportion covered by inspection. Inspection ratios take account of criteria such as number of employees or risk level of the activity or work environment, so as to ensure that enterprises and workplaces considered to have the highest risk level are inspected as often as possible. The interval between scheduled visits, however, still varies from one to 20 years, depending on the type of workplace. (Endnote_1) In countries with less advanced economies, the situation is critical, with some local offices being forced to limit inspections to workplaces that can be reached on foot. 258. In order for labour inspectors to carry out inspections as often and as thoroughly as prescribed in the instruments, they must have adequate freedom of movement and logistical means. They must also have the necessary information on the enterprises and activities liable to inspection to enable them to focus their interventions on priorities defined on the basis of objective criteria, such as level of occupational risk, categories of men and women workers employed (young persons, migrants) and the presence of a trade union. In agricultural enterprises, in developing countries in particular, inspections are the only opportunity inspectors have to check compliance with legal provisions relating to the conditions of life of workers and their families and to provide assistance as required, when they are empowered to do so as provided by Article 6, paragraph 2, of Convention No. 129. I. Types of inspection visit259. In countries where there is adequate transportation for the purpose, routine workplace inspections are planned, generally on a yearly basis, according to selected priorities, and carried out without prejudice to any other inspections prompted by reports or complaints or to follow up on compliance orders. Inspection campaigns focused on a particular issue are also organized in response to current or sectoral problems. For example, special resources have been allocated to campaigns against child labour in several countries. (Endnote_2) In the hotel and catering sector, (Endnote_3) inspections of working conditions (hours of work, wages, safety equipment) and living conditions (accommodation, water supply and sanitary facilities) are usually stepped up at the height of the tourist season. Transport (Endnote_4) and construction (Endnote_5) may be targeted by inspection campaigns in response to an unusually high accident rate or following serious incidents. In industrialized countries, major industrial accidents have prompted a strong and coordinated inspection response to prevent hazards in the activities concerned. 260. Few governments mention inspection campaigns specifically targeting agricultural enterprises. In Brazil, for example, such campaigns are launched as part of the implementation of the policy to combat forced labour. In some economically advanced countries the labour inspection system includes in its campaigns education and awareness-raising activities for farmers, their employees and their families, focusing on the most serious occupational hazards. (Endnote_6) II. Principle of unannounced visits261. Article 12 of Convention No. 81 and Article 16 of Convention No. 129 are intended to ensure that inspectors may carry out inspections at any time, without previous notice, with the necessary freedom for an effective inspection without interrupting the work more than necessary. 262. Under Article 12, paragraph 1, of Convention No. 81 and Article 16, paragraph 1, of Convention No. 129, labour inspectors provided with proper credentials shall be empowered: (a) to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection; and (b) to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. Article 16, paragraph 2, of Convention No. 129 adds that they shall not enter the private home of the operator of an agricultural undertaking except with the latter's consent or with a special authorization issued by the competent authority. 263. 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. Conducting unannounced visits on a regular basis is especially useful as it enables inspectors to observe the confidentiality required by Article 15, subparagraph (c), of Convention No. 81 and Article 20, subparagraph (c), of Convention No. 129 as regards the purpose of the inspection if it was carried out in response to a complaint. 264. Most national laws and regulations authorize labour inspectors to visit workplaces and enterprises for the purpose of inspecting working conditions. In some countries, only those workplaces that are formally liable to inspection may be visited. (Endnote_7) However, this does not necessarily mean that all other premises are exempt. In countries where it is not the status of the establishment that makes it liable to inspection, but the existence of paid employment, all workplaces are liable to inspection. This is the case, for example, in Belgium, under a very broad definition of the term "workplace". (Endnote_8) In many countries, inspectors are also allowed to enter premises other than workplaces liable to inspection where they have reason to believe that paid employment covered by their remit occurs. (Endnote_9) In the case of a private home, the consent of the employer, the occupant or a judicial authority, (Endnote_10) as the case may be, is generally required. (Endnote_11) The Committee stresses that, in view of the broad definition of premises liable to inspection, labour inspectors must observe strict respect of privacy. It must also be recognized that many national provisions authorizing workplace visits leave excluded from labour protection by inspectors the many people who are carrying out domestic work, or who are homeworkers, the majority of whom are women. III. Free access of inspectors to the workplaceA. Initiative of inspection 265. The information received indicates that the principle of free entry by inspectors in workplaces liable to inspection is applied in a large majority of countries. (Endnote_12) It extends to private property in so far as is necessary, in Slovakia, (Endnote_13) and in Cameroon, to any company infirmary, canteen, sanitary installation and water supply intended for workers' use. (Endnote_14) The Committee observes, however, that in some countries restrictions are maintained on inspectors' free initiative in this regard, with negative repercussions being reported by trade union organizations. The most common restriction is the requirement for a formal authorization issued by a higher authority (Endnote_15) or another competent authority. (Endnote_16) In some cases, workplaces cannot even be inspected without an order from such an authority. (Endnote_17) 266. In one country, (Endnote_18) inspectors are prohibited from visiting the same workplace more than once in a year; in another, inspections were banned for three years and only reintroduced after a change of government. (Endnote_19) The Committee considers that the different restrictions placed in law or in practice on inspectors' right of entry into workplaces can only stand in the way of achieving the objectives of labour inspection as set out in the instruments. Accordingly, the Committee regrets to note that such restrictions are not in conformity with the Conventions and urges the governments of the countries concerned to take the necessary steps to eliminate them in law and in practice. 267. The fact that the instruments provide that inspectors should be authorized to enter workplaces without previous notice does not mean that, where deemed useful or necessary by the inspector, the employer or his or her representative cannot be informed of the time and purpose of the inspection. The practice of combining unannounced visits with scheduled visits has the advantage of ensuring that employers and workers are constantly aware that an inspection may occur at any time. Moreover, this is provided for in most countries' legislation. (Endnote_20) In Papua New Guinea, for example, the legislation explicitly leaves it to the labour inspector's full discretion as to whether or not to announce the visit to the employer. (Endnote_21) For the reasons already mentioned by the Committee, however, the mere existence of relevant legal provisions does not guarantee their implementation in practice in many developing countries, where the labour inspectorate operates on a largely, if not exclusively, reactive basis. B. Timing of inspections268. Both Conventions stipulate that inspectors must be empowered to enter at any hour of the day or night any workplace liable to inspection, and by day only any premises which they may have reasonable cause to believe to be liable to inspection. Not all laws and regulations draw a distinction between these two types of workplace for the purposes of determining the time at which an inspection may be carried out. (Endnote_22) It is common for exceptions to the general rule to be made in the case of targeted interventions. In Spain, for example, during a campaign against the underground economy and irregular or clandestine employment, inspectors were authorized to visit at night or during the day any workplace not formally declared as such, despite a legal provision restricting their inspection prerogative to workplaces liable to labour inspection. (Endnote_23) 269. The principle of legally authorizing visits during the night or day, or even at any time, is stated in many countries. (Endnote_24) However, the scope of this prerogative is limited by legislation and practice which vary from one country to another. The most common restriction relates to the permitted timing of inspections. In some countries, inspectors can only enter a workplace liable to inspection during working hours; (Endnote_25) in others, legislation refers to a "reasonable" time, without defining the term. (Endnote_26) In some countries, labour inspectors cannot enter a workplace at night unless work is being performed there, (Endnote_27) while in a very few countries, the timing of visits is not specified. (Endnote_28) 270. 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. 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 should be for the inspector to decide whether a visit is reasonable – obviously, inspections should only be carried out at night or outside working hours where this is warranted. Recommendation No. 133 contains a provision to the effect that the activity of labour inspectors at night should be limited to those matters which cannot be effectively controlled during the day (Paragraph 9). 271. In Finland, the legislation provides that inspection and investigation visits shall be carried out so as to meet the purpose of occupational safety and health supervision without unnecessary interference with operations at the workplace. (Endnote_29) Where the legislation is not explicit enough, relevant administrative circulars or instructions can specify their scope. If necessary, legislative provisions extending the right of access of labour inspectors to workplaces to the extent provided in the Conventions should be adopted and their implementation supported by adequate material and logistical means. C. Notification of presence at the workplace272. Under Article 12, paragraph 2, of Convention No. 81 and Article 16, paragraph 3, of Convention No. 129, on the occasion of an inspection visit, labour inspectors shall notify the employer of their presence, unless they consider that such a notification may be prejudicial to the performance of their duties. This is reflected in the legislation in many countries. (Endnote_30) Except in countries where, contrary to the provisions of the instruments, inspection visits have to be announced in advance to employers and hence can only be carried out with their consent and in their presence. (Endnote_31) It appears that this is largely applied in practice, even where there is no provision to this effect. (Endnote_32) In other countries inspectors are required to notify the workers or their representatives of their presence, as provided in Article 16, paragraph 3, of Convention No. 129. (Endnote_33) In South Africa, inspectors appear to have full discretion to decide whether or not to notify the employer or trade union representative of their presence. (Endnote_34) D. Assistance to labour inspectors273. Labour inspectors may come up against opposition on the part of the employer or the latter's representative while carrying out their inspection duties. In this regard, the instruments stipulate that adequate penalties shall be provided for and effectively enforced (Article 18 of Convention No. 81 and Article 24 of Convention No. 129). Many countries have adopted legal provisions to this effect, providing for intervention by law enforcement officers (Endnote_35) or even the armed forces (Endnote_36) to assist labour inspectors. The Committee has received little information concerning the practical implementation of these provisions. However, it draws attention to the fact that verbal aggression and insulting behaviour against labour inspectors are frequently mentioned in activity reports, some of which contain statistics on proceedings instituted. (Endnote_37) IV. Methods of inspection274. Once they are in the premises to be inspected, labour inspectors shall be empowered, under Article 12, paragraph 1(c), of Convention No. 81 and Article 16, paragraph 1(c), of Convention No. 129, to carry out any examination, test or enquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed. The prerogatives laid down to this end include holding interviews, verifying documents and taking samples of products, materials and substances. A. Interviews275. Under Article 12, paragraph 1(c)(i), of Convention No. 81 and Article 16, paragraph 1(c)(i), of Convention No. 129, labour inspectors shall be empowered to interrogate, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters concerning the application of the legal provisions. Convention No. 129 provides in addition that the inspector shall be empowered to interview any other person in the undertaking. The legislation of most countries vests labour inspectors with these powers, extending them to include interviews with any person whose evidence could be useful for the purposes of the inspection. (Endnote_38) The Committee stresses that to ensure that statements are as spontaneous and reliable as possible, it is essential for labour inspectors to exercise their own judgement as to whether to carry out confidential interviews where this is required by the subject of the interview. In this way inspectors can avoid embarrassing the employer or his or her representative in front of the workers or, conversely, exposing workers to the risk of reprisals. In addition, allowing inspectors to conduct interviews in the manner they deem most appropriate obviates the need to summon the parties to the inspectorate's offices. B. Verification of documents276. The legislation of most countries recognizes the right of inspectors provided for in Article 12, paragraph 1(c)(ii), of Convention No. 81 and Article 16, paragraph 1(c)(ii), of Convention No. 129 to require the production of any books, registers, documents or electronic information, the keeping of which is prescribed by national laws or regulations, in order to see that they are in conformity with the legal provisions, and copy or make extracts from them. The Committee notes that many countries have included provisions to this effect in their legislation. (Endnote_39) From the available information it appears that this power is exercised in practice by inspectors in some countries which have not enacted legislative provisions on this point. C. Enforcing the posting of notices277. Under Article 12, paragraph 1(c)(iii), of Convention No. 81, inspectors shall be empowered to enforce the posting of notices required by the legal provisions. The legislation of many countries lays down an obligation for the employer to post in an appropriate place documents such as the internal regulations, work schedules, safety instruction sheets for hazardous equipment or general safety information. (Endnote_40) The Committee would like to emphasize the importance of securing compliance with this obligation, which is intended to ensure that employers and workers are clearly informed of their respective rights and obligations, and encouraged to abide by them. Where a large proportion of the workforce does not speak the national language, it is desirable for adequate means of communication to be used to enable them to understand the information required to be posted by the legislation. This is the case, for example, in Saudi Arabia and other receiving countries of foreign labour. Simplified and intuitive graphic illustrations of safety and health instructions may be necessary in activities where there is a high rate of illiteracy among the workers. The Committee has received information from only a few countries concerning proceedings instituted against employers for failing to comply with the relevant provisions in this area. (Endnote_41) D. Inspection of materials and substances used278. Under Article 12, paragraph 1(c)(iv), of Convention No. 81 and Article 16, paragraph 1(c)(iii), of Convention No. 129, inspectors shall be empowered to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purpose. These provisions are intended to ensure protection of the health and safety of workers, and in some cases of their families, in the use and handling of certain materials and substances. (Endnote_42) To this end, inspectors must be able to verify whether the conditions in which such materials or substances are to be found at the workplace are in conformity with the legal provisions, and whether they are used or handled in accordance with the established regulations, and to conduct or have conducted by a competent body analyses requiring special equipment or technology. (Endnote_43) It appears that many countries have legislation empowering inspectors to take samples. (Endnote_44)
EndnotesEndnote 1In the Netherlands, according to a comment sent by the Netherlands Confederation of Trade Unions, there are so few inspectors that bad employers know that the probability of being inspected is once every 20 years at most. Endnote 2In particular, in Brazil, Pakistan and Turkey. Endnote 3In Belgium, France and Luxembourg, for example. Endnote 4In Luxembourg and other European countries, cooperation between different government agencies has led to sanctions being imposed for numerous violations of hours of work and leave legislation in the road transport sector. Endnote 5In France, inspection campaigns often focus on occupational safety and health at public works and construction sites. Endnote 6In France, Finland and the Netherlands, for example. Endnote 7For example, Angola, Bolivia, Cameroon, Chile, Eritrea, Guatemala, Guinea, Honduras, Mongolia, Nicaragua and the Philippines. Endnote 8Sections 2(7) and 3(1) of the Decree of 20 February 1998 respecting the supervision of legislation relating to employment policy. Endnote 9Benin, Côte d'Ivoire, Fiji, Malawi and Papua New Guinea, for example. Endnote 10In Belgium and New Zealand, for example. The principle of inviolability of the home being guaranteed in most countries by law and enforced by the judiciary, the free entry of inspectors in private homes is generally subject to the relevant legislation. Endnote 11For example, France, Malawi, Morocco, Mexico, Tunisia and the Bolivarian Republic of Venezuela. Endnote 12For example, Benin, Bolivia, Cameroon, Côte d'Ivoire, Dominican Republic, El Salvador, Gabon, Guinea, Malawi, Morocco, Niger, Rwanda, Slovakia, South Africa and Tunisia. Endnote 13Under section 1, paragraph 13(2)(a) of Act No. 95/2000 of 8 February 2000 on labour inspection. Endnote 14Section 108, paragraph 1(a), of the Labour Code. Endnote 15In Honduras, under section 2 of Decree No. 39-1982, the right to enter a workplace is subject to the employer's authorization, or, where the latter refuses, written authorization from an authorized official; in the Czech Republic, under section 12 of the State Control Act, the inspector is required to present the employer with written authorization. Endnote 16In Belgium, for example, under section 3(1) of the Decree of 20 February 1998 respecting the supervision of legislation relating to employment policy, inspections must be authorized by the police court judge. Endnote 17In the Republic of Korea, under section 105(1), (3) and (4) of the Labour Standards Act and its Enforcement Decree, labour inspectors must hold an order for each visit. The Government states, however, that as officers of the judicial police. In Mexico, under section 17 of the General Regulations of 29 June 1998 respecting inspection and the application of penalties for violation of labour legislation, inspectors are required to present to the employer or his representative the original written inspection order signed by an authorized official. Endnote 18In Viet Nam, where the place and time of the inspection are strictly defined by the competent higher authority (sections 3 and 7 of Decree No. 61/1998/ND-CP of 15 August 1998 and its implementing Directive, No. 22/2001/CT.TTg of 11 September 2001). Endnote 19In the Democratic Republic of the Congo, inspections were banned by the central authority in 1994 and were only resumed in 1997. Endnote 20For example: Angola (section 25(2)(a) of Decree No. 9/95 to promulgate regulations on labour inspection; Bolivia (section 17(1) of Resolution No. 340/87 of 26 November 1987 of the Ministry of Labour and Labour Development, to promulgate regulations on labour inspection); Dominican Republic (section 433 of the Labour Code); El Salvador (section 38 of Decree No. 682 of 19 April 1996, respecting the organization and functions of the labour and social welfare sector); Ethiopia (section 178 of the Labour Proclamation No. 377/2003); Finland (section 3(2) of Act No. 131/1973 on the supervision of occupational safety and health and appeal in occupational safety and health matters; Malawi (section 9(1)(a) of the Employment Act of 14 May 2000); Niger (section 257(a) of the Labour Code); Rwanda (section 163(a) of the Labour Code); Tunisia (section 174(2) of the Labour Code); and the Bolivarian Republic of Venezuela (section 590 of the Organic Labour Act). Endnote 21Under section 23(1)(a) of the Industrial Relations Act, 1962, inspectors may enter "with or without notice to any person". Endnote 22For example, in Algeria, Dominican Republic, Fiji and South Africa, inspections are authorized in the same way for all workplaces within the remit of the labour inspectorate. Endnote 23Section 7, paragraph 1(1), of Royal Decree No. 138/2000 and section 5 of Act No. 42/97 on labour inspection and social security. Endnote 24Algeria, Angola, Benin, Bolivia, Chile, Cameroon, Côte d'Ivoire, Gabon, Honduras, Malawi, Morocco, Nicaragua, Peru, Slovakia, Tunisia and the Bolivarian Republic of Venezuela, for example. Endnote 25For example, El Salvador, Eritrea, Ethiopia, Honduras, Mexico, Papua New Guinea, Rwanda and Saudi Arabia. Endnote 26Fiji, India, New Zealand, Papua New Guinea, South Africa, among others. Endnote 27For example, in Costa Rica (section 89 of the Organic Act of 18 February 1963, respecting the Ministry of Labour and Social Security), Guatemala (section 281(a) of the Labour Code) and Philippines (section 128(a) of the Labor Code). Endnote 28 For example, China, Dominican Republic and Mongolia. Endnote 29Section 4(3) of Act No. 131/1973 on the supervision of occupational safety and health and appeal in occupational safety and health matters. Endnote 30Benin (section 275 of the Labour Code); Bolivia (section 17(1) of resolution No. 340/87 of the Minister of Labour and Labour Development, to promulgate regulations on labour inspection); Cameroon (section 109(1) of the Labour Code); Côte d'Ivoire (section 91(5) of the Labour Code); Ethiopia (section 181-4 of the Labour Proclamation No. 377/2003); Fiji (section 9(b) of the Employment Ordinance of 15 May 1965); Gabon (section 237 of the Labour Code); Guinea (section 360(a) of the Labour Code); Malawi (section 9(1)(d)(iii) of the Employment Act of 14 May 2000); Rwanda (section 166 of the Labour Code); Tunisia (section 174 of the Labour Code), for example. Endnote 31For example, El Salvador, Honduras, Republic of Korea, Mexico, Nicaragua, Peru and the Bolivarian Republic of Venezuela. Endnote 32In France, for example, the Government has stated that the normal practice for inspectors is not to notify employers, and an appointment is only made if the presence of the employer is indispensable to the effectiveness of the investigation. Endnote 33Finland (section 3(2) of Act No. 131/1973 on the supervision of occupational safety and health and appeal in occupational safety and health matters). Endnote 34Section 65(4) of the Basic Conditions of Employment Act, No. 75 of 1997. Endnote 35In Bolivia, under sections 7 and 12 of Resolution No. 340/87 of 26 November 1987 of the Ministry of Labour and Labour Development to promulgate regulations on labour inspection, support by law enforcement officers should be immediately granted to inspectors, even in cases of merely suspected obstruction. The same applies in Costa Rica (section 89 of Act No. 1860 of 18 February 1963 to promulgate the Organic Act respecting the Ministry of Labour and Social Security), in Fiji (section 73(1) of the Factories Act of 1 February 1972 and section 43(3) of the Health and Safety at Work Act, No. 4 of 28 June 1996), Guatemala, in the event of unjustified resistance (section 281(c) of Decree No. 330 of 29 April 1961). In Peru, the administrative labour authority may request court authorization to provide access to a workplace, under section 2 of Act No. 28292 of 20 July 2004 to amend the General Act on labour inspection and defence of the worker. Legislation provides in more general terms that labour inspectors may call in the law enforcement forces in the event of voluntary obstruction in the performance of their duties in China (Macau Special Administrative Region) (section 22 of Legislative Decree No. 60/89 to promulgate regulations on labour inspection; Dominican Republic (section 434 of the Labour Code); Oman (section 9 of the Labour Code); Tunisia (section 174(4) of the Labour Code); Uruguay (section 21 of Decree No. 680/977 of 6 December 1977); Bolivarian Republic of Venezuela (section 256 Y of Decree No. 3235 of 20 January 1999, to make regulations under the Organic Labour Act). Endnote 36Mauritania (section 375 of the Labour Code), Senegal (section 196 of the Labour Code). Endnote 37France, in particular. Endnote 38For example, Algeria, Angola, Benin, Chile, China, Côte d'Ivoire, Eritrea, Ethiopia, Honduras, Malawi, South Africa, Tunisia and the Bolivarian Republic of Venezuela. Endnote 39For example, Angola, Australia, Belgium, Benin, Bolivia, Cameroon, China, Dominican Republic, El Salvador, Eritrea, Ethiopia, Madagascar, Morocco, and Rwanda. Endnote 40For example, Benin, Belgium, Cameroon, Dominican Republic, El Salvador, Eritrea, Gabon, Guatemala, Malawi, Morocco, Niger, Rwanda, Tunisia and the Bolivarian Republic of Venezuela. Endnote 41France, Portugal, Saudi Arabia and Spain. Endnote 42In Fiji, labour inspectors are moreover empowered under section 9(1)(b) of the Employment Ordinance to take samples of water and food provided to workers. Endnote 43In Saudi Arabia, analyses are carried out by government laboratories. The Government of France has stated that although inspectors are empowered to take samples, they hardly ever do so, as the labour administration is not equipped to carry out analyses. However, the usual practice is to issue an order to the employer requiring that tests be carried out by authorized bodies. Endnote 44South Africa (section 1(f) of the Occupational Safety and Health Act, No. 85 of 1993); Benin (section 274 of the Labour Code); Cameroon (section 108(1)(c) of the Labour Code); Côte d'Ivoire (section 91(5)(iv) of the Labour Code); Denmark (section 76(5) of the Work Environment Act, 1999); Finland (section 4(4) of the Act on the supervision of occupational safety and health and appeal in occupational safety and health matters, No. 131/1973); Guatemala (section 281(f) of the Labour Code); Madagascar (section 238 of the Labour Code); Malawi (section 9(1)(d) (iv) of the Employment Act of 14 May 2000). |
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