Lesotho - CLR

LABOUR RIGHTS INDEX 2022

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Lesotho’s overall score is 50.5 out of 100. The overall score for Lesotho is lower than the regional average observed across Sub-Saharan Africa (64.4). Within the Sub-Saharan Africa region, the highest score is observed for Guinea (80.5).

Lesotho ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1966 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1966.

Labour Rights Index 2022

50.5/100

LRI Country Score

25/100

Trade Union Indicator

4.75 %

Trade union density rate (%)

- %

Collective bargaining coverage rate (%)

1.44

SDG indicator 8.8.2

3

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

No

0 §16 & 31, Constitution of Lesotho 1998; §171-172 Labour Code, 1992; USDOS CRHRP 2021

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0 §42, 171-173 & 198A, 198B, Labour Code 1992; CEACR, C98, Obs. 2021Updated: §198A & 198B, Labour Code 1992; CEACR, C98, Obs. 2021

A / B

Does the law provide for the right to strike?

No

0 §15, Constitution 1998; §225- 227, 228B, 228C, 229 and 230-234 Labour Code, 1992; CEACR, C87, DR 2021

A / B

Does the law prohibit employers from terminating employment contracts of striking workers?

Yes

1 USDOS CRHRP 2021

No Violation Found

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100.

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT.

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT.

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT.

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March. For a detailed description of ratings and methodology, please follow the link.

To find an ITUC affiliate in your country, please check the LINK:

Violations

National Labour Legislation / ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)

§198A of Labour Code 1992; CEACR, C98, Obs. 2021

198A Duty to bargain in good faith
(I) For the purposes of this section –
(a) “a recognised trade union” means a registered trade union
that has been recognised by an employer or employers’
organisation as a collective bargaining partner;
(b) “a representative trade union” means a registered trade
union that represents the majority of the employees in the
employ of an employer;
(c) “a majority of employees in the employ of an employer”
means over 50% of those employees.
(2) An employer shall bargain collectively in good faith with a representative
trade union.
(3) In any collective bargaining relationship –
(a) a recognised trade union shall bargain in good faith with
any employer or employers’ organisation;
(b) an employer or employers’ organisation shall bargain in
good faith with the recognised trade union.
(4) A breach of the provisions of this section shall be an unfair labour
practice.

CEACR, C98, Obs. 2021

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.

Violations

National Labour Legislation / ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)

§232 of the Labour Code, 1992

232. Threat to essential services

(1) For the purpose of this section of the Code the term “essential service” is confined to undertakings that provide a service whose interruption would endanger the life, personal safety or health of all or any part of the population of Lesotho.

(2) Where in the opinion of the Minister the existence of action in pursuance of a trade dispute threatens the continuance of any essential service he or she may call upon the Commissioner of Labour to investigate and to report upon the facts of such dispute within ten days.

(3) The report of the Labour Commissioner shall be made public within one week of its submission to the Minister.

(4) If the dispute has not been settled within one week of the report of the Labour Commissioner being made public, the Minister shall immediately apply to the Labour Court for a ruling on the dispute. The Court shall issue its ruling within 30 days of the filing of the application by the Minister. Its award, which shall be made public, shall be final and binding upon the parties. Where appropriate to individual terms and conditions of employment, the award shall be deemed to be incorporated in the contracts of employment of the employees to whom it applies.

(5) Any action in pursuance of a trade dispute that threatens the continuance of essential services and persists after the dispute has been referred by the Minister to the Labour Commissioner or the Labour Court shall be unlawful. This shall not apply if the Commissioner of Labour or the Labour Court has failed to act within the time-limits specified.

CEACR, C87, DR 2021

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.