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Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Romania (RATIFICATION: 1975)

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The Government has communicated the following information:

Under Romanian legislation, labour inspection is carried out and co-ordinated by the Ministry of Labour and in the territories by the "Labour and Social Services Sections" and the Territorial Labour Protection Inspectorates.

The organisation, responsibilities and functioning of the above mentioned bodies are described in the Labour Code, Decree No. 783/1969 of the Council of State concerning the organisation and functioning of the Ministry of Labour, Law No. 5/1965 on the protection of labour and Law No. 57/1968 on people's councils.

Section 181 of the Code regulates the responsibilities of the Ministry of Labour as labour inspection body by providing:

"The Ministry of Labour, as the specialist central organ for labour questions, supervises the application of the legal provisions concerning the labour relations of persons on the work staffs of all state units, co-operatives and other non-state organisations and the legal provisions concerning labour relations formed with legal entities other than those mentioned above and with individuals."

The Ministry of Labour and the Labour and Social Services Sections supervise the application of legal provisions on work remuneration, labour standardisation, employment, the conclusion, execution and termination of labour contracts, and social insurance. The State Inspection Department for the Protection of Labour was created in the Ministry of Labour for problems of safety and protection of labour. This Department works at the central level - with specialised branches for various branches of the economy - and the territorial level, and has the following competences: to direct and supervise safety at work in order to guarantee proper conditions and prevent occupational accidents and diseases; to lay down together with the Ministry of health standards for safety at work and the setting up and use of equipment for protection at work and to supervise these; to control whether occupational safety measures are ensured when new production units or capacity are introduced and, together with the Ministry of Health, to deliver authorisation for full or partial operations; to verify the application of standards and work protection measures when drafting plans or new objectives for plant and machinery, as well as the methods for the attribution and utilisation of funds for occupational safety to study the causes of accidents and lay down preventive measures, supervising the registration, proof and reporting of occupational accident and diseases, to verify the proliferation of better equipment, operations, plant and other means of work protection throughout the economy; to direct and supervise information on occupational safety.

Inspectors for labour protection have the right to request enterprises to take measures to eliminate deficiencies in work safety; to require a total or partial stoppage of work in the units or on the machines concerned where non-observance of safety standards poses an immediate risk to the life, corporal integrity or health of the workers or the population; to detect offences of work safety standards and apply the corresponding sanctions provided by the legislation; to take and retain samples for analysis of materials and substances used or handled.

There is also a system of health centres for the control of epidemic diseases in administrative and territorial units. Under section 41 of Law No. 3/1978 concerning public health, these centres carry out health inspections as well as: authorising the functioning of all kinds of economic and social activities from the health angle; and withdrawing sanitary authorisation and ordering a stoppage or temporary restriction of activity in any kind of enterprise, as provided by the law.

The State Inspection for the Protection of Labour supervises all economic and social units (employing 10,600 people in 1985).

In the same year, the number of units and workers in the main branches of the economy were as follows.

Branch Number of units Number of workers

- Industry 1 913 3 503 952

- Handicrafts 3 1200 41 600

- Construction - 692 700

- State agriculture 992 431 000

- Agriculture (co-operatives) 4 363 2 045 400

- Railways - 173 000

- Road transport - 369 900

- Transport (fluvial and

waterways maritime) - 41 000

- Air transport - 8 600

- Telecommunications 4 979 8 1000

- Commerce 82 707 457 800

- Teaching, culture 64 724 412 800

- Science - 134 800

- Health, social services, sport - 286 100

Staff of the State Inspection for the Protection of Labour (central and territorial) normally have to spend four days per week on the supervision of economic and social units to verify how standards and technical safety requirements are met.

In 1985 there were 95,676 inspection units: 19,165 in industrial undertakings, 2,765 in construction enterprises, 15,900 in agriculture, 1,987 in transport, 5,900 in telecommunications, 16,085 in commerce, 17,000 in handicrafts units.

There have been about the same numbers of work accidents in recent years - fewer than 2. per 1,000 workers. But the number of fatal accidents decreased each year: reaching in 1987 a level of 0.100 for 1,000 workers, that is 3 per cent less than in 1986. There is also a general tendency for the serious cases to diminish. Similarly the number of days lost per worker following work accidents was 3.2 per cent lower in 1987 than in 1986 and the average time lost through temporary incapacity was 2.5 per cent less.

As a result of the inspections, 48,500 infringements of safety standards - most technical only - were detected:

38,442 fines worth 26,535,400 lei and 6,100 disciplinary sanctions were imposed.

Eighty per cent of these sanctions were applied to management personnel at the unit or sector level.

For non-observance of work safety standards 107 persons were dismissed from posts of responsibility. Three hundred and seventeen persons of the same category were referred to the courts. Work was stopped in 5,600 places.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Supervision and control over the system of labour inspection by a central labour inspection authority. The Committee previously noted the 2012 amendment of Law No. 108/1999 on the organization of the labour inspectorate, as well as Government Decision No. 488/2017 and Government Decision No. 12/2017 regarding the organization and functioning of the labour inspectorate under the Ministry of Labour and Social Justice. It requested information on the impact of this restructuring.
The Committee notes the Government’s information in its report that the Ministry of Labour and Social Justice is the superior body of the labour inspection services. The labour inspectorate performs the function of state authority that provides the exercise of control in the fields of labour relations, occupational safety and health at work and labour market surveillance, and it has 42 territorial labour inspectorates. The Unit for the Food Industry, Agriculture, Public Administration, Education and Culture, under the Directorate of Occupational Safety and Health, coordinates the supervision in agriculture, with four labour inspectors at the central level and between one and three within each territorial labour inspectorate. The Committee notes the information of the Government.
Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers and their organizations. The Committee previously noted with interest the establishment of tripartite consultative councils at the central and territorial levels of the labour inspectorate in accordance with section 10 of Government Decision No. 488/2017, as well as the conclusion of protocols concluded between the labour inspectorate and employers’ and workers’ organizations.
The Committee notes that the mandate and functioning of tripartite consultation councils is provided for by section 3 of the Regulation of the organization and functioning of the labour inspectorate and section 10 of the Regulation on organization and functioning of territorial labour inspectorates, which were approved by Order of the Minister of Labour and Social Justice No. 1095/2018. According to these provisions, the functioning of the tripartite consultative council at the central level is determined by a decision of the State Inspector General, and at the territorial level by decisions of each territorial chief inspector. The Committee requests the Government to provide further information on the functioning of tripartite consultative councils at both the central and territorial levels, including their composition, the frequency of meetings and subject matters covered at these meetings, and their outcome.
Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Resources of the labour inspection system and inspection visits, including in the agricultural sector. Following its previous comments, the Committee notes the information provided by the Government that the number of labour inspectors continued to decline from 1621 in 2016 to 1529 in 2018. It notes, however, that the 2019 annual report on labour inspection activities (Annual Report) shows a slight increase in the number of inspectors at 1,536 in total. The information in the 2018 and 2019 Annual Reports also demonstrates an increase in the budget allocated to the labour inspectorate, from 164,218,000 Romanian lei (US$39,281,734) in 2018 to 214,274,000 lei (US$51,255,369) in 2019. Regarding inspection services in agriculture, the Committee notes that, according to the detailed information contained in the Government’s report and the Annual Reports from 2016 to 2018, the number of agriculture undertakings doubled from 25,271 to 51,043. However, the number of agricultural workplaces inspected increased only slightly from 1,987 in 2016 to 2,097 in 2018, and the number of employees in the inspected units rose from 43,170 to 44,272. In addition, the number of inspections carried out at those agricultural workplaces increased from 2,132 in 2016 to 2,223 in 2018. The Committee requests the Government to pursue its efforts to ensure that the number of inspectors is sufficient to secure the effective discharge of their duties, and to provide specific information on its efforts to attract additional inspectors including through adequate remuneration and opportunities for career stability and advancement. The Committee also requests the Government to provide information on the measures it is taking to ensure that the rising number of agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the application of the relevant legal provisions. The Committee finally requests the Government to continue providing statistical information in this regard, including the number of inspectors and inspection visits performed, as well as the number of workers and undertakings liable to inspection.
Articles 13, 17 and 18 of Convention No. 81 and Articles 18, 22, 23 and 24 of Convention No. 129. Prevention and enforcement measures. The Committee previously noted a significant drop in the number of inspectors’ orders in the event of serious or imminent danger to the health or safety of workers and requested information on the reasons behind this decrease.
The Committee notes that, according to the information in the 2018 and 2019 Annual Reports, the number of prohibition orders for the use of work equipment increased from 103 in 2018 to 231 in 2019, while the number of orders for the stoppage of work increased from 120 in 2018 to 227 in 2019. The Committee requests the Government to continue to provide information on the number of orders issued in the event of serious or imminent danger to the health or safety of workers, for the use work equipment and for the stoppage of work.
Articles 14, 21(f) and (g) of Convention No. 81 and Articles 19, 27(f) and (g) of Convention No. 129. Notification of occupational accidents and cases of occupational diseases. Following to its previous comments, the Committee welcomes the detailed statistical information on occupational injuries and diseases in the 2018 Annual Report. The Committee encourages the Government to continue to ensure that the labour inspectorate collects statistical data on occupational accidents and diseases, including in agriculture, and to publish this information in its annual inspection report.
Issues specifically concerning labour inspection in agriculture
Article 9(3) of Convention No. 129. Specific training for labour inspectors in agriculture. The Committee notes the absence of information in the Government’s report in reply to its previous request. The Committee urges the Government to take the necessary measures to provide labour inspectors with specific training on agriculture and related issues upon their entry into service and in the course of employment to enable them to acquire the technical knowledge required for the performance of their duties. It requests the Government to provide information on any developments achieved or difficulties encountered in this respect.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition
In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. 1. Additional duties entrusted to labour inspectors related to immigration. The Committee previously noted that, in accordance with the Regulation on the organization and functioning of the labour inspectorate (approved by Government Decision No. 488/2017), labour inspectors are entrusted with supervising the employment of migrant workers (section 12(1)B(i)).
The Committee notes the Government’s reference in its report to Ordinance No. 25/2014 which provides that on the employment and secondment of foreigners, employers who employ migrant workers without a work permit shall pay the overdue remuneration to the workers concerned, as well as all relevant taxes, fees and social security contributions as if the workers concerned had the appropriate permit, including to those who have returned to their home country (section 38(1) and (2)). Moreover, employers bear liability, including joint and several liability, to any subcontractors for overdue wages for the work performed by migrant workers in an irregular situation (section 38(4)). The Committee also notes that a migrant worker found to be carrying out work without a permit shall be informed in writing in both Romanian and English, by the General Inspectorate for Immigration or, as the case maybe, by labour inspectors of the territorial labour inspectorates, regarding their rights to the recovery of outstanding remuneration, before the execution of a possible obligation to return. The Committee further notes that, according to the information of the 2019 annual report on labour inspection activities (Annual Report), 1,302 controls were carried out regarding compliance with relevant provisions of Ordinance No. 25/2014, of which 667 were conducted jointly with the General Inspectorate for Immigration; 69 sanctions were applied, including 55 orders of fines worth 1,928,000 Romanian lei (RON) (US$464,500) and 14 warnings; and 135 measures were ordered to remedy the non-conformities found.
The Committee observes that, although Ordinance No. 25/2014 provides for the reinstitution of the statutory rights of migrant workers in an irregular situation, the relevant information in the 2019 Annual Report does not indicate how these provisions are applied by the labour inspectors. The Committee requests the Government to take specific measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as set forth in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. Noting the information provided in the annual report on the application of Ordinance No. 25/2014, the Committee requests the Government to provide information on specific measures undertaken by the inspectorate to ensure the enforcement of the rights of migrant workers, including those in an irregular situation. In addition, the Committee requests the Government to provide information on the number of cases in which these workers have been granted their due rights, such as the payment of outstanding wages or social security benefits, disaggregated based on controls carried out by the labour inspectorate alone and controls conducted jointly with the General Inspectorate for Immigration. The Committee further requests the Government to provide information on the number of cases in which migrant workers were deported following the control activities of labour inspectors, again disaggregated based on controls carried out by the labour inspectorate alone and controls conducted jointly with the General Inspectorate for Immigration.
2. Control of undeclared work. The Committee notes that, pursuant to section 12(1)B of the Regulation on the organization and functioning of the labour inspectorate, the labour inspectorate identifies cases of undeclared work, and notifies, as required, the criminal investigation bodies (clause b); ascertains whether the activity being performed constitutes a labour relationship but performed on the basis of another type of contract (clause d); and orders the conclusion of individual employment contracts and the registration of workers concerned in the general register as employees (clause e). The Committee also notes that, according to the information in the 2019 Annual Report, 67,632 controls were performed in this regard and 8,551 persons were found engaged in undeclared work, including 5,942 persons performing work without an employment contract. Moreover, 4,793 measures were ordered to correct the non-conformities. The Committee requests the Government to provide information on the definition of undeclared work in national legislation, as well as information on specific measures ordered to correct the non-conformities. It requests the Government to continue to provide information on the work of the labour inspectorate with respect to undeclared work, including the number of persons found engaged in undeclared work, the number of cases in which the labour inspectorate orders the conclusion of an employment contract, as well as the action taken by the inspectorate with respect to those workers where no employment contract is subsequently concluded.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Supervision and control over the system of labour inspection by a central labour inspection authority. The Committee previously noted the 2012 amendment of Law No. 108/1999 on the organization of the labour inspectorate, as well as Government Decision No. 488/2017 and Government Decision No. 12/2017 regarding the organization and functioning of the labour inspectorate under the Ministry of Labour and Social Justice. It requested information on the impact of this restructuring.

The Committee notes the Government’s information in its report that the Ministry of Labour and Social Justice is the superior body of the labour inspection services. The labour inspectorate performs the function of state authority that provides the exercise of control in the fields of labour relations, occupational safety and health at work and labour market surveillance, and it has 42 territorial labour inspectorates. The Unit for the Food Industry, Agriculture, Public Administration, Education and Culture, under the Directorate of Occupational Safety and Health, coordinates the supervision in agriculture, with four labour inspectors at the central level and between one and three within each territorial labour inspectorate. The Committee notes the information of the Government.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers and their organizations. The Committee previously noted with interest the establishment of tripartite consultative councils at the central and territorial levels of the labour inspectorate in accordance with section 10 of Government Decision No. 488/2017, as well as the conclusion of protocols concluded between the labour inspectorate and employers’ and workers’ organizations.

The Committee notes that the mandate and functioning of tripartite consultation councils is provided for by section 3 of the Regulation of the organization and functioning of the labour inspectorate and section 10 of the Regulation on organisation and functioning of territorial labour inspectorates, which were approved by Order of the Minister of Labour and Social Justice No. 1095/2018. According to these provisions, the functioning of the tripartite consultative council at the central level is determined by a decision of the State Inspector General, and at the territorial level by decisions of each territorial chief inspector. The Committee requests the Government to provide further information on the functioning of tripartite consultative councils at both the central and territorial levels, including their composition, the frequency of meetings and subject matters covered at these meetings, and their outcome.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Resources of the labour inspection system and inspection visits, including in the agricultural sector. Following its previous comments, the Committee notes the information provided by the Government that the number of labour inspectors continued to decline from 1621 in 2016 to 1529 in 2018. It notes, however, that the 2019 annual report on labour inspection activities (Annual Report) shows a slight increase in the number of inspectors at 1,536 in total. The information in the 2018 and 2019 Annual Reports also demonstrates an increase in the budget allocated to the labour inspectorate, from 164,218,000 Romanian lei (US$39,281,734) in 2018 to 214,274,000 lei (US$51,255,369) in 2019. Regarding inspection services in agriculture, the Committee notes that, according to the detailed information contained in the Government’s report and the Annual Reports from 2016 to 2018, the number of agriculture undertakings doubled from 25,271 to 51,043. However, the number of agricultural workplaces inspected increased only slightly from 1,987 in 2016 to 2,097 in 2018, and the number of employees in the inspected units rose from 43,170 to 44,272. In addition, the number of inspections carried out at those agricultural workplaces increased from 2,132 in 2016 to 2,223 in 2018. The Committee requests the Government to pursue its efforts to ensure that the number of inspectors is sufficient to secure the effective discharge of their duties, and to provide specific information on its efforts to attract additional inspectors including through adequate remuneration and opportunities for career stability and advancement. The Committee also requests the Government to provide information on the measures it is taking to ensure that the rising number of agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the application of the relevant legal provisions. The Committee finally requests the Government to continue providing statistical information in this regard, including the number of inspectors and inspection visits performed, as well as the number of workers and undertakings liable to inspection.

Articles 13, 17 and 18 of Convention No. 81 and Articles 18, 22, 23 and 24 of Convention No. 129. Prevention and enforcement measures. The Committee previously noted a significant drop in the number of inspectors’ orders in the event of serious or imminent danger to the health or safety of workers and requested information on the reasons behind this decrease.

The Committee notes that, according to the information in the 2018 and 2019 Annual Reports, the number of prohibition orders for the use of work equipment increased from 103 in 2018 to 231 in 2019, while the number of orders for the stoppage of work increased from 120 in 2018 to 227 in 2019. The Committee requests the Government to continue to provide information on the number of orders issued in the event of serious or imminent danger to the health or safety of workers, for the use work equipment and for the stoppage of work.

Articles 14, 21(f) and (g) of Convention No. 81 and Articles 19, 27(f) and (g) of Convention No. 129. Notification of occupational accidents and cases of occupational diseases. Following to its previous comments, the Committee welcomes the detailed statistical information on occupational injuries and diseases in the 2018 Annual Report. The Committee encourages the Government to continue to ensure that the labour inspectorate collects statistical data on occupational accidents and diseases, including in agriculture, and to publish this information in its annual inspection report.

Issues specifically concerning labour inspection in agriculture

Article 9(3) of Convention No. 129. Specific training for labour inspectors in agriculture. The Committee notes the absence of information in the Government’s report in reply to its previous request. The Committee urges the Government to take the necessary measures to provide labour inspectors with specific training on agriculture and related issues upon their entry into service and in the course of employment to enable them to acquire the technical knowledge required for the performance of their duties. It requests the Government to provide information on any developments achieved or difficulties encountered in this respect.

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Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. 1. Additional duties entrusted to labour inspectors related to immigration. The Committee previously noted that, in accordance with the Regulation on the organization and functioning of the labour inspectorate (approved by Government Decision No. 488/2017), labour inspectors are entrusted with supervising the employment of migrant workers (section 12(1)B(i)).

The Committee notes the Government’s reference in its report to Ordinance No. 25/2014 which provides that on the employment and secondment of foreigners, employers who employ migrant workers without a work permit shall pay the overdue remuneration to the workers concerned, as well as all relevant taxes, fees and social security contributions as if the workers concerned had the appropriate permit, including to those who have returned to their home country (section 38(1) and (2)). Moreover, employers bear liability, including joint and several liability, to any subcontractors for overdue wages for the work performed by migrant workers in an irregular situation (section 38(4)). The Committee also notes that a migrant worker found to be carrying out work without a permit shall be informed in writing in both Romanian and English, by the General Inspectorate for Immigration or, as the case maybe, by labour inspectors of the territorial labour inspectorates, regarding their rights to the recovery of outstanding remuneration, before the execution of a possible obligation to return. The Committee further notes that, according to the information of the 2019 annual report on labour inspection activities (Annual Report), 1,302 controls were carried out regarding compliance with relevant provisions of Ordinance No. 25/2014, of which 667 were conducted jointly with the General Inspectorate for Immigration; 69 sanctions were applied, including 55 orders of fines worth 1,928,000 Romanian lei (RON) (US$464,500) and 14 warnings; and 135 measures were ordered to remedy the non-conformities found.

The Committee observes that, although Ordinance No. 25/2014 provides for the reinstitution of the statutory rights of migrant workers in an irregular situation, the relevant information in the 2019 Annual Report does not indicate how these provisions are applied by the labour inspectors. The Committee requests the Government to take specific measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as set forth in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. Noting the information provided in the annual report on the application of Ordinance No. 25/2014, the Committee requests the Government to provide information on specific measures undertaken by the inspectorate to ensure the enforcement of the rights of migrant workers, including those in an irregular situation. In addition, the Committee requests the Government to provide information on the number of cases in which these workers have been granted their due rights, such as the payment of outstanding wages or social security benefits, disaggregated based on controls carried out by the labour inspectorate alone and controls conducted jointly with the General Inspectorate for Immigration. The Committee further requests the Government to provide information on the number of cases in which migrant workers were deported following the control activities of labour inspectors, again disaggregated based on controls carried out by the labour inspectorate alone and controls conducted jointly with the General Inspectorate for Immigration.

2. Control of undeclared work. The Committee notes that, pursuant to section 12(1)B of the Regulation on the organization and functioning of the labour inspectorate, the labour inspectorate identifies cases of undeclared work, and notifies, as required, the criminal investigation bodies (clause b); ascertains whether the activity being performed constitutes a labour relationship but performed on the basis of another type of contract (clause d); and orders the conclusion of individual employment contracts and the registration of workers concerned in the general register as employees (clause e). The Committee also notes that, according to the information in the 2019 Annual Report, 67,632 controls were performed in this regard and 8,551 persons were found engaged in undeclared work, including 5,942 persons performing work without an employment contract. Moreover, 4,793 measures were ordered to correct the non-conformities. The Committee requests the Government to provide information on the definition of undeclared work in national legislation, as well as information on specific measures ordered to correct the non-conformities. It requests the Government to continue to provide information on the work of the labour inspectorate with respect to undeclared work, including the number of persons found engaged in undeclared work, the number of cases in which the labour inspectorate orders the conclusion of an employment contract, as well as the action taken by the inspectorate with respect to those workers where no employment contract is subsequently concluded.

The Committee is raising other matters in a request addressed directly to the Government.

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Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Conciliation and mediation. The Committee takes due note of the Government’s indication, in reply to its previous request for information on the time spent by labour inspectors on conciliation in comparison to their primary functions, that 0.28 per cent (1,646 hours) of labour inspectors’ total working time had been spent on conciliation for the period from 2013 to 2015. According to the annual labour inspection report for 2017 (2017 Annual Report) available on the website of the labour inspectorate, labour inspectors participated in 23 conciliation processes for collective disputes, while they performed more than 73,000 inspections in the areas of labour and employment relations.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Supervision and control over the system of labour inspection by a central labour inspection authority. The Committee notes the Government’s indication that Law No. 108/1999 on the structure of the labour inspectorate was amended in 2012. It further notes that a new Government Ordinance 488/2017 (GO 488/2017) on the organization and functioning of the labour inspectorate entered into force in 2017. Moreover, pursuant to Government Decision No. 12/2017 on the organization and functioning of the Ministry of Labour and Social Justice (MoLSJ), the Labour Inspectorate (LI) which had been under the Ministry of Labour, Family, Social Protection and Elderly, is now under the MoLSJ. The Committee requests the Government to provide further information on the impact on the operation and functioning of the labour inspection system of the aforementioned restructuring of the Government and the LI.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers and their organizations. Following its previous request, the Committee notes with interest that tripartite consultative councils have been set up at the central and regional levels of the labour inspectorate in accordance with section 10 of GO No. 488/2017. The Committee further notes the Government’s reference to protocols concluded between the labour inspectorate and employers’ and workers’ organizations. The Committee requests the Government to provide information on the mandate, structure and functions of the central and regional tripartite consultative councils.

Articles 6 and 7 of Convention No. 81 and Articles 8 and 9 of Convention No. 129. Conditions of service of labour inspectors and training. The Committee previously noted the Government’s initiative to provide incentive payments for labour inspectors through the draft law which was under preparation and requested information on the improvements in the conditions of their services. The Committee notes with interest the Government’s indication that since 2015 there has been a 10 per cent increase in the salaries of all the employees of the labour inspectorate, and that a further 25 per cent increase of their gross monthly salary, including basic salaries, is envisaged from 2018 for civil servants under Act No. 153/2017 on remuneration of staff paid from public funds. The Committee also takes due note that this Act establishes a principle of motivating personnel in the context of recognition and reward for professional performance based on pre-established criteria (section 6(e)). The Committee further notes with interest the detailed information in the Government’s report that a number of regular and specific trainings were offered to labour inspectors for the years 2013–15 to upgrade their skills and professional knowledge in a range of areas, including statistical information on the total number of those who benefited from training. It also takes due note of the Government’s indication that the labour inspectorate monitors the implementation of an annual planning of professional training for labour inspectors, which is required under Act No. 188/1999 on the status of civil servants, as amended and updated.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Resources of the labour inspection system and inspection visits. The Committee previously noted the decrease in the number of labour inspectors. The Committee notes with concern the information provided by the Government and the 2017 Annual Report that the number of employees of the labour inspectorate has declined continuously due to challenges in filling vacant posts: there has been a reduction of more than 150 inspectors and nearly 250 staff in total from 2013 to 2017, amounting to a decline of 10 per cent in each category. The Committee also notes that this resulted in a drop in the number of inspections performed in the area of occupational safety and health (OSH). The Government’s report and the 2017 Annual Report indicate that an increasing focus is being placed on information and awareness raising for employers, workers, internal and external OSH service providers with a view to creating a culture of prevention. Noting the decline in the overall number of labour inspectors, the Committee requests the Government to provide information on the measures it is taking to address the significant number of vacancies with a view to ensuring that the number of labour inspectors is sufficient to secure the effective discharge of their duties. It requests the Government to continue to provide information on the number of labour inspectors, as well as information on the nature of their activities related not only to OSH but also other areas such as hours, wages and child labour.

Articles 13, 17 and 18 of Convention No. 81 and Articles 18, 22, 23 and 24 of Convention No. 129. Prevention and enforcement measures. The Committee notes the information provided by the Government, in reply to its previous comments, concerning the criminal prosecutions and convictions obtained in accordance with sections 37 and 38 of Act No. 319/2006 on OSH that gives effect to Article 13(2) of Convention No. 81. The Committee notes a significant drop indicated in the 2017 Annual Report in the number of inspectors’ orders in the event of serious or imminent danger to the health or safety of workers since 2011: nearly an 85 per cent reduction in the number of prohibition orders for the use of work equipment (1,058 in 2011 down to 167 in 2017); and a 68 per cent reduction in orders for the stoppage of work (249 in 2011 down to 80 in 2017). The Committee requests the Government to provide detailed information on the reasons behind the significant decrease in the number of orders issued in the event of serious or imminent danger to the health or safety of workers, for the use work equipment and for the stoppage of work.

Articles 14, 21(f) and (g) of Convention No. 81 and Articles 19, 27(f) and (g) of Convention No. 129. Notification of occupational accidents and cases of occupational diseases. The Committee notes the statistical information in the 2016 Annual Report on occupational injuries and diseases, including in agriculture, but observes that the 2017 Annual Report does not appear to provide comparable detailed information. The Committee therefore requests the Government to ensure that the labour inspectorate continues to collect statistical data on occupational accidents and diseases, including in agriculture, and to publish this information in its annual inspection report.

Issues specifically concerning labour inspection in agriculture

Article 9(3) of Convention No. 129. Specific training for labour inspectors in agriculture. The Committee notes the information provided by the Government, in reply to its previous requests, that some labour inspectors in agriculture attended the training courses offered for those covering labour relations and OSH during 2013–15, in accordance with the annual professional training programmes. The Committee once again requests the Government to take the necessary measures to provide labour inspectors with specific training on agriculture and related issues upon their entry into service and in the course of employment to enable them to acquire the technical knowledge required for the performance of their duties. It also asks the Government to continue to provide information on any developments achieved or difficulties encountered in this respect.

Articles 11, 12, and 13 of Convention No. 129. Collaboration with duly qualified technical experts and specialists. Collaboration with government services, public or approved institutions and the social partners. The Committee notes the Government’s indication, in reply to its previous comments, that labour inspectors in agriculture comprise university graduates in agricultural sciences and those with professional experience in the field of agriculture. It also takes due note that the labour inspectorate engages technical experts from the National Research and Development Institute for Occupational Safety and continues to strengthen collaboration with workers and their representatives with specific responsibilities for safety and health through information and joint activities.

Articles 14, 15 and 21 of Convention No. 129. Resources of the labour inspectorate and inspection visits. The Committee notes the detailed information contained in the Government’s report and the annual labour inspection reports on the number of labour inspectors and inspection visits related to OSH in agriculture. According to the 2016 Annual Report, the number of agricultural workplaces inspected and the number of employees in workplaces inspected both decreased, by 18 per cent and 19 per cent, respectively. The Committee requests the Government to continue to provide statistical information on labour inspection in agriculture.

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Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Control of undeclared work and the protection of foreign workers in an irregular situation. The Committee notes that, in accordance with the new Government Ordinance (GO) No. 488/2017 on the organization and functioning of the labour inspectorate, labour inspectors are entrusted with detecting undeclared work of foreign or posted workers (section 12) and perform inspections separately from, as well as in collaboration with, the General Inspectorate for Immigration. GO No. 488/2017 provides that employers bear liability, including joint and several liability, to principal and intermediate subcontractors for overdue wages of foreign workers engaged in undeclared work, including those in an irregular situation. The annual labour inspection report for 2017 indicates that in 2017, a total of 1,210 controls related to undeclared work of foreign workers were carried out and 37 sanctions (including warnings) and 111 measures were ordered. However, the Committee notes that the Government’s report does not indicate whether such orders include those requiring the establishment of employment contracts or ensuring other statutory rights granted to foreign nationals engaged in undeclared work, such as the payment of overdue wages and other benefits resulting from their work. The Committee recalls that the functions of the system of labour inspection are to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. In its 2006 General Survey, Labour inspection, paragraph 78, the Committee indicated that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. Referring to paragraph 452 of the 2017 General Survey on certain occupational safety and health instruments, the Committee recalls that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. The Committee requests the Government to take specific measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as set forth in Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It requests the Government to provide information on measures undertaken by the inspectorate to ensure the enforcement of the rights of foreign workers found to be in an irregular situation. It further requests the Government to provide information on the number of cases in which workers found to be in an irregular situation have been granted their due rights, such as the payment of outstanding wages or social security benefits, or orders for the establishment of an employment contract.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they are also concerned with the application of the present Convention.

Article 9(3) of the Convention. Specific training for labour inspectors in agriculture. The Committee notes that, according to the Government, the financial resources of the labour inspection were not sufficient to organize training for labour inspectors responsible for monitoring in agricultural undertakings. The Committee requests the Government to take the necessary measures to provide labour inspectors with specific training on agriculture and related issues upon their entry into service and in the course of employment to enable them to acquire the technical knowledge required for the performance of their duties. Please keep the Office informed of any developments achieved or difficulties encountered in this respect.

Article 11. Collaboration with duly qualified technical experts and specialists. The Committee notes that, according to the Government, the labour inspection and the territorial labour inspectorates continue to organize information sessions on Occupational Safety and Health (OSH) to develop collaboration between labour inspectors in agriculture and employers, workers and their representatives with specific responsibilities for safety and health. Referring to paragraph 198 of its 2006 General Survey on labour inspection, the Committee recalls that it is desirable that such specialists be integrated into the labour inspection teams and that, when they are not part of the labour inspectorate, their role is to give technical advice, drawing the attention of the labour inspectors to their expert findings and making recommendations with a view to rectifying potentially hazardous situations. The Committee requests the Government to provide information on the measures taken to ensure that duly qualified technical experts are associated in the work of labour inspection in agriculture, and on the number of inspectors, if any, invested with functions of a technical or specialized character.

Articles 12 and 13. Collaboration with government services, public or approved institutions, and the social partners. The Committee notes that, according to the Government, a number of protocols have been signed between the labour inspection and trade unions and employers’ organizations, as well as between the labour inspection and public or private institutions. The Committee once again requests the Government to provide copies of these protocols and to keep the Office informed of their impact on the application of the Convention.

Articles 14, 15 and 21. Resources of the labour inspectorate and inspection visits. The Committee notes the information from the Government’s report on a number of measures envisaged to extend the coverage area of the labour inspection. The Committee also notes that, according to the Government, between 2011 and 2012, the number of labour inspectors in agriculture decreased from 61 to 57, and the number of female labour inspectors from 18 to 14. It also notes that, while during the same period the number of inspection visits increased from 2,297 to 2,330, inspectors did not carry out any controls during the night. The Committee requests the Government to keep the Office informed of any progress or difficulties encountered in implementing the abovementioned envisaged measures. It also requests the Government to take the necessary measures to ensure that the labour inspectorate is provided with the necessary resources to carry out inspections as often and as thoroughly as is necessary, including during the night, to ensure the effective application of the Convention.

Articles 19 and 27(g). Notification of occupational accidents and cases of occupational disease. The Committee notes that, according to the Government, article 5(f) of Law No. 319/2006 imposes on employers the obligation to “notify at once all the events to the territorial labour inspectorates” and article 29(1) of the same law provides for participation of territorial labour inspectorates and labour inspection in investigation of the incidents. The Government also indicates that article 34(1) of the abovementioned law establishes that labour inspectors from the territorial labour inspectorates collaborate with physicians from territorial public health authorities in the investigation of the causes of occupational diseases.

Furthermore, the Committee notes the statistical information from the 2012 labour inspection report on occupational accidents and cases of occupational disease in agricultural undertakings. It particularly notes that between 2011 and 2012, the frequency index of fatal accidents in agriculture, hunting and related activities agriculture increased from 0.03 per cent to 0.16 per cent, and the number of case of occupational diseases in agriculture increased from three to seven. The Committee requests the Government to keep the Office informed of the application in practice of the referenced provisions of Law No. 319/2006. The Committee also requests the Government to explain the above-mentioned trends in fatal accidents and the measures taken to address them, and to continue to provide statistical information on occupational accidents and cases of occupational disease with a view to assess the application of the Convention in practice.

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With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee would like to draw the Government’s attention to the following additional points:

Articles 1(2) and 9(3) of the Convention. Adequate training and further training in the course of employment for labour inspectors in agriculture. According to the Government, almost all labour inspectors entrusted with the inspection in agriculture have participated (from 2002–09) in the programme on Occupational Safety and Health (OSH) in the framework of the project RO/99/IB/0T01, which contained modules on chemical and physical risks, including the most effective measures to protect workers exposed to chemicals; as well as on the safe use of machinery. As a large number of workers in the country are employed in agricultural undertakings, the Committee notes this information with interest, emphasizing the importance of providing labour inspectors in agriculture with specific and ongoing training in order to improve their understanding of the sector and its specific risks. With reference to its comment under the Labour Inspection Convention, 1947 (No. 81), and the comment made by National Confederation of Free Trade Unions of Romania – Brotherhood (CNSLR Frặtja), the Committee encourages the Government to enhance relevant training sessions for labour inspectors entrusted with the control of agricultural enterprises and to provide information on the types of training provided (purpose, participation, frequency, duration) and the impact of the training on inspection activities (volume and quality), as well as a copy of any relevant document. The Committee also once again asks the Government to indicate whether enterprises in the agri-food industry are covered under the present Convention.

Articles 11 and 13 of the Convention and Paragraphs 1, 2, 10 and 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133). Collaboration of duly qualified technical experts and specialists in the work of labour inspection and collaboration between the labour inspection services and employers and workers. The Committee notes with interest the information provided by the Government on the ongoing events and information sessions on OSH organized by the local labour inspection services, with the participation of experts qualified in the field of agriculture, employers, workers or their representatives with specific responsibility for safety and health. It once again asks the Government to specify whether, as provided in Article 11 of the Convention, it is ensured that duly qualified technical experts and specialists are associated in the work of labour inspection in agriculture to help solve problems demanding technical knowledge and to provide any relevant documentation in this respect. If such measures have not been taken, the Committee once again asks the Government to take steps aimed at giving full effect to this provision and keep the Office informed of any progress achieved.

With reference to its comment under the Labour Inspection Convention, 1947 (No. 81), the Committee asks the Government, whether specific cooperation protocols have been concluded between the labour inspectorate and employers’ and workers’ organizations and, if so, to describe the procedure for inspection in agriculture involving the social partners. It once again requests the Government to provide clarifications concerning the procedure for the evaluation of risks, and particularly on the extent of the involvement of the social partners and the precise role of labour inspectors in the context of this procedure.

Article 12. Cooperation among labour inspection services and between such services and other public or private institutions. In its previous comment, the Committee asked the Government to provide copies of the cooperation agreements between the labour inspectorate and the Ministry of Agriculture, Forests and Rural Development, the Romanian Chamber of Commerce and Industry, the National SME Agency, the National Labour Protection Research Institute and non-governmental organizations. The Committee notes that none of these agreements have been communicated to the ILO. The Committee therefore once again asks the Government to provide copies of such agreements and to keep the ILO informed of their impact on the activities of the inspection services in agricultural undertakings.

Articles 14, 15 and 21. Human resources and logistical means, frequency and coverage of inspections in agricultural undertakings and coverage. In its previous comment, the Committee noted that the labour inspection services cover around one quarter of the agricultural undertakings liable to inspection and requested the Government to indicate the measures adopted or envisaged to extend the coverage of inspections to a greater number of undertakings. It notes the Government’s reply indicating that it is planned to increase the number of inspections in high-risk enterprises and in enterprises where the incidence of reported industrial accidents and cases of occupational disease is very high as well as to increase the number of unannounced visits and short-term campaigns on the most common shortcomings in agricultural undertakings that give rise to employment accidents. The Committee notes however, that the number of agricultural undertakings increased significantly from 2009 to 2010, whereas the number of inspections fell slightly, which means that the labour inspection services cover still an even smaller proportion of agricultural undertakings. With reference to its comment under Convention No. 81, the Committee emphasizes that, considering the high percentage of the labour force working in agriculture, it is essential for adequate budgetary resources to be allocated to the labour inspection services in agriculture, in particular to ensure that the number of labour inspectors is sufficient and that transport facilities are made available to labour inspectors to enable them to reach those agricultural undertakings that are difficult to access. The Committee therefore asks the Government once again to provide information on the means of action available to labour inspectors entrusted with the inspection of agricultural undertakings, particularly the budget allocated for labour inspection in agriculture, the transport facilities at their disposal and the number of labour inspectors in agriculture in relation to the total number of labour inspectors. It once again asks the Government to indicate the measures adopted or envisaged to extend the coverage of labour inspection to a greater number of agricultural undertakings.

Articles 19 and 27(g). Notification of occupational accidents and cases of occupational disease. Content of the annual report on labour inspection in agriculture. The Committee notes that the number of cases of occupational disease indicated in the Government’s report is very low. It also notes that the annual reports for 2008 and 2009 contain information on occupational accidents but no data on cases of occupational disease. The Committee asks the Government to provide information on how it is ensured in law and in practice that, as required by Article 19(1) of the Convention, the labour inspectorate is notified of occupational accidents and cases of occupational disease. In this context, the Committee wishes to draw the Government’s attention to the ILO’s code of practice on the recording and notification of occupational accidents and diseases which offers guidance on the collection, recording and notification of reliable data and the effective use of such data for preventive action (available at www.ilo.org/safework/normative/codes/lang--en/docName--WCMS_107800/ index.htm). The Committee requests the Government to ensure that statistics of cases of occupational diseases in agricultural undertakings are included regularly in the annual inspection report.

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The Committee notes the information provided by the Government which replies in part to its previous comments, as well as the Regulations on workers’ health surveillance (G.D. No. 355/2007) and on the protection of young workers (G.D. No. 600/2007).

Article 1, paragraph 2, and Article 9, paragraph 3, of the Convention. Adequate training and further training in the course of employment for labour inspectors in agriculture. In its previous direct request, the Committee asked the Government to indicate whether enterprises in the agri-food industry are covered in virtue of the present Convention and to provide detailed information on the specific training activities intended for inspectors who discharge their duties in the agricultural sector (content, duration, frequency and number of participants), particularly with regard to the protection of the workers most exposed to the risks arising from the use of chemicals and complex agricultural plant or machinery. The Committee notes that the Government has not provided the specific information requested, but that it indicates in general that in 2008, of the 231 labour inspectors trained in the context of the PHARE project, 14 cover the field of agriculture. The objective of the training was to develop the capacities of inspectors to evaluate the quality of risk assessment certificates. The Committee would be grateful if the Government would provide detailed information on the content of this training and on the results that it has had in practice in agricultural undertakings, and if it would provide a copy of any relevant document.

It also requests the Government to provide the information requested previously concerning the specific training (content, duration, number of participants) provided for labour inspectors to enable them to ensure the protection of agricultural workers exposed to chemical or industrial risks through both information activities and legal action against negligent employers or employers in violation of the relevant legal provisions.

Article 10. Gender balance of the labour inspection staff. Noting that, according to the information relating to the increase in the number of women labour inspectors in agriculture, they represent less than one quarter of all inspection personnel, the Committee would be grateful if the Government would indicate: (1) whether any special duties are assigned to them, particularly in agricultural undertakings where the labour force includes a large number of women; and (2) whether it is planned to take measures to encourage applications by women to the profession. The Government is requested to provide any relevant information in this respect.

Articles 11 and 13 of the Convention and Paragraphs 1, 2, 10 and 14 of Recommendation No. 133. Collaboration of duly qualified technical experts and specialists in the work of labour inspection and collaboration between the labour inspection services and employers and workers. The Committee notes with interest that experts qualified in the field of agriculture have been invited to participate in events organized by local labour inspection services with employers, workers and representatives of occupational organizations of employers and workers with a view to raising awareness and promoting good practices. It notes that the discussions covered risk factors for occupational accidents and diseases, as well as methods and procedures for the evaluation and prevention of risks. The Committee further notes with interest that between 2007–09 local labour inspection services organized 249 information sessions for a population of 5,432 persons and 66 trade union representatives on a number of subjects, including: European good practices, in relation to occupational safety and health; employers’ obligations in the prevention of occupational risks; and the evaluation of occupational accidents and occupational diseases. According to the Government, three information sessions have been organized by the labour inspectorate for 78 workers entrusted with special functions in the field of occupational safety and health. The Committee would be grateful if the Government would continue to provide information on the collaboration of experts in the field of agriculture and if it would also specify whether, as provided in Article 11, it is ensured that such duly qualified technical experts and specialists are associated in the work of labour inspection in agriculture to help solve problems demanding technical knowledge. The Government is requested to provide any relevant document in this respect. If such measures have not been taken, the Committee would be grateful if the Government would take steps to achieve the objectives set out in this provision and if it would keep the Office informed of any progress achieved.

The Committee further requests the Government to provide clarifications of the procedure for the evaluation of risks, in particular on the extent of the involvement of the partners and the precise role of labour inspectors in the context of this procedure.

Article 12. Cooperation among labour inspection services and between such services and other public or private institutions. The Committee notes that, with a view to the implementation of the action “for a working environment ensuring safety and health, a performance factor in SMEs in the agricultural sector”, in addition to collaboration with the social partners, the labour inspectorate has concluded cooperation agreements with the Ministry of Agriculture, Forests and Rural Development, the Romanian Chamber of Commerce and Industry, the National SME Agency, the National Labour Protection Research Institute and non-governmental organizations with a view to the development of social dialogue. The Committee requests the Government to provide copies of such agreements and to keep the ILO informed of their impact on the activities of the inspection services in agricultural undertakings.

Article 16. Frequency of inspections in agricultural undertakings. The Committee notes with interest, from the figures of inspections provided, that their annual number is higher than the number of undertakings supervised (in 2007 there were an additional 244 inspections, and in 2008 an additional 250 inspections), which would appear to mean that a single undertaking may be inspected more than once. The Committee supposes that successive inspections of the same undertaking are carried out to verify the measures recommended by the labour inspector during the first inspection. The Committee would be grateful if the Government would provide information on the results reported by inspectors during follow-up inspections in relation to the measures recommended or ordered and if it would indicate the further action taken by inspectors with regard to the employers concerned.

Noting that the labour inspection services cover around one quarter of the agricultural undertakings liable to inspection and observing that the frequency of inspections is determined by the size of the undertakings, the safety level and the incidence of industrial accidents and cases of occupational disease reported each year, the Committee would be grateful if Government would indicate the measures adopted or envisaged to extend this coverage to a greater number of undertakings.

Article 27, paragraphs (f) and (g). Content of the annual report on labour inspection in agriculture. Noting the Government’s indication that there has been no progress in this respect, the Committee once again requests it to ensure that statistics on occupational accidents and cases of occupational diseases in agricultural undertakings are included regularly in the annual inspection report.

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Articles 1, paragraph 2, and 9, paragraph 3, of the Convention. Adequate training and further training in the course of employment for labour inspectors. The Committee notes that the Government’s report contains information on the training followed by labour inspectors in the context of the PHARE project aimed at reinforcing the administrative capacities of the labour inspectorate in the area of labour relations, but makes no reference to separate training aimed specifically at the monitoring of conditions of work in agriculture. The Committee would be grateful if the Government would indicate whether enterprises in the agri-food industry are covered under the present Convention and supply detailed information on the specific training activities intended for inspectors who perform their duties in agriculture (content, duration, frequency, number of participants), particularly with regard to the protection of workers likely to be exposed to risks arising from the use of chemicals, complex agricultural plant or machinery.

Article 6, paragraph 2. Inspection activities relating to the living conditions of workers and their families. The Committee would be grateful if the Government would indicate whether national laws or regulations give labour inspectors advisory or enforcement functions relating to the application of the legal provisions with respect to the living condition of workers in agriculture and their families and, if so, to provide information on the discharge of these duties in practice and also their results.

Article 27. Content of the annual report on the work of labour inspection in agriculture. The Committee notes with interest that the general annual report on the activities of the labour inspection service has contained, since 2005, separate information concerning agriculture, such as enforcement activities conducted in relation to occupational safety and health and their results (undertakings inspected, workers concerned, penalties imposed for contraventions, etc.), the number of men and women inspectors and also statistics on inspections, units inspected and cases of occupational disease. The Committee hopes that the Government will ensure that, as prescribed by Article 27(f) and (g), statistics on occupational accidents in agriculture and also, as in the annual report for 2005, information on the causes of occupational disease are also included in the next annual activity report.

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Publication of an annual report. The Committee notes the Government’s report and the useful information provided in response to its previous comments. Also referring to its observation on the application of Convention No. 81, it notes that the annual report on the system of labour inspection for 2003 communicated by the Government does not contain any specific information on the work of the inspection services in agriculture. The Committee points out in this regard that, under Article 26 of the Convention, an annual report on the work of the inspection services in agriculture shall be published within a reasonable time, either as a separate report or as part of its general annual report on the system of labour inspection, dealing in particular with the subjects referred to under Article 27, and including statistics on occupational diseases and their causes. It requests the Government to indicate the measures taken to this end.

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With reference to its observation, the Committee requests the Government to provide information on the following points.

Articles 6, paragraph 1(a), 14 and 21 of the Convention. The Committee notes that, according to the Government’s successive reports since 2000, there has been a slight decrease in the number of inspectors discharging their inspection duties in the agricultural sector, in a situation in which their numbers were already deemed to be inadequate. The frequency of inspection visits is, according to the Government, determined as a function of criteria such as the economic importance of enterprises, safety conditions, the number of employment accidents and occupational diseases and the geographical situation of enterprises. The Committee would be grateful if the Government would provide information that is as detailed as possible on the extent of the needs in relation to labour inspection in the agricultural sector (number, size, geographical distribution and type of cultivation of agricultural enterprises; number and distribution of workers engaged therein) and indicate the manner in which it is envisaged to meet these requirements in accordance with the above provisions of the Convention.

Article 11. The Committee would be grateful if the Government would indicate the manner in which it is ensured that technical experts and specialists are associated, in accordance with the provisions of this Article of the Convention, in the work of the labour inspection in agriculture.

Article 13. While noting with interest that training courses for the staff responsible for occupational safety and health in agricultural enterprises have been organized and implemented by the labour inspectorate, in collaboration with the workers’ representatives in the agricultural sector, the Committee would be grateful if the Government would continue to provide information on any measures taken to promote collaboration between officials of the labour inspectorate in agriculture and employers and workers, or their organizations.

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The Committee notes the Government’s reports and the attached documentation, and refers to its observation under the Labour Inspection Convention, 1947 (No. 81), and particularly the points raised by the National Trade Union Bloc (BNS) in a comment which also concerns the present Convention. While noting the specific information concerning the composition of the staff and the number of labour inspection visits in agricultural enterprises, the Committee would be grateful if the Government would provide the information requested in its observation under Convention No. 81, in so far as it applies to labour inspection in agricultural enterprises, under each of the following points:

(1) the powers of labour inspectors to make orders and institute proceedings (Articles 18 and 22 of the Convention);

(2) the confidentiality of the source of complaints (Article 20(c))

(3) adequate penalties (Article 24);

(4) the training of labour inspectors, the results of the work of the inspectorate and the annual inspection report (Articles 9, 14, 15, 26 and 27).

The Committee is addressing a request directly to the Government on other matters.

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The Committee notes the Government's report for the period ending June 1998 as well as the general report on the activities of the labour inspection for 1997, which contains information regarding inspections in the agricultural sector.

The Committee notes, in response to its earlier comments, that Articles 1 to 6, as well as Article 8 of the Convention, are given effect by the provisions of Act No. 90 of 1996 on Labour Protection. However, a recent report from the Government on the application of the Labour Inspection Convention, 1947 (No. 81), indicates the adoption of Act No. 108 of 1999 on the Establishment and Organization of the Labour Inspectorate, section 28 of which repeals legal texts contrary to its own provisions. The Committee would be grateful if the Government would specify the scope of the new Act in respect of each of the provisions of the Convention and supply a copy of all texts adopted for its implementation in the agricultural sector.

The Committee notes that, out of 50 labour inspectors specialized in agriculture, two are women. It would be grateful if the Government would supply information on the development of the team according to sex and indicate whether, as provided for by Article 10, special duties may be assigned to men and women inspectors.

Finally, the Committee requests the Government to supply information on the provisions taken or envisaged for the elaboration, publication and communication to the ILO, in conformity with Article 26, of the annual inspection reports containing information on each of the subjects listed under Article 27(a) to (g).

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The Committee requests the Government to provide a detailed report in conformity with the report form approved by the Governing Body.

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Articles 20(c), 26 and 27 of the Convention.

See comments under Convention No. 81, as follows:

The Committee notes the information provided in the Government's report in reply to its earlier observations.

Article 15(c) of the Convention. The Committee recalls that at present rules concerning the confidentiality of sources of complaints do not expressly conform to the Convention. It notes that the Department of Labour Protection of the Ministry of Labour and Social Protection is in the process of drafting a new law on labour protection. The Committee would urge the Government to include in the draft provisions which oblige the labour inspectorate to treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions and to give no intimation to the employer or the employer's representative that a visit of inspection was made in consequence of the receipt of such a complaint. It asks the Government to indicate in its next report what measures are to be taken in this regard and to supply a copy of the new draft law. Meanwhile, the Committee would be grateful if the Government would provide information on the practical application of this provision of the Convention.

Articles 20 and 21. The Committee notes with interest the general information given on the activities of the Department of Labour Protection in 1990, when the basis for efficient organisation was established following the revolution. The Government has also supplied some of the data referred to in these Articles concerning in particular work accidents and occupational diseases. However, the Committee again notes that no inspection report seems to have been compiled and published to comply with the Convention. The Committee hopes that the Government will, in future, supply to the ILO within the prescribed time-limits a copy of a published annual general report on inspection services, containing all the information required by the Convention.

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Articles 20(c), 26 and 27 of the Convention. See comments under Convention No. 81, as follows:

The Committee notes with regret that the Government's report supplied in October 1989 contains no reply to previous comments. It must therefore repeat its comments, which read as follows:

Article 15(c) of the Convention. The Committee requests the Government to indicate the provisions under which labour protection inspectors and specialised inspectors from the supervision corps of the various ministries must treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions and must give no intimation to the employer or his representative that a visit of inspection has been made in consequence of the receipt of such a complaint. Articles 20 and 21 of the Convention. The Committee must again stress the importance it attaches to well drawn up annual inspection reports which enable the practical results of labour inspection activities to be assessed at both national and international levels. It therefore trusts that the Government will not fail to take the necessary measures to ensure that, in future, reports containing precise information on all the points listed under Article 21 of the Convention are published and communicated to the ILO within the period specified by Article 20.