National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
DISPLAYINEnglish - French - Spanish
Previous comments
Repetition Article 9(3). Training of labour inspectors in agriculture in the course of their employment. The Government points out the joint participation of work environment professionals, magistrates and representatives of the General Inspectorate of Labour and Social Security (IGTSS) in days devoted to examining the issue of limiting the working day of forestry workers. The Committee notes this information and once again requests the Government to provide further information on the participation of labour inspectors in agriculture in the various regions of the country in training sessions on risk prevention in the forestry sector.Article 12(1). Cooperation between the labour inspection services and other government services with a view to preventing risks in the agricultural sector. Further to its previous comments, the Committee once again requests the Government to provide the comprehensive report mentioned in its 2007 report on risk identification and preventive measures in stock raising.Article 17. Association of labour inspectors with the preventive control of agricultural undertakings. The Committee once again requests the Government to ensure that the competent authority determines the cases and the conditions in which inspectors are to be associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. It requests it to keep the ILO informed of any developments in this regard and to provide a copy of any relevant texts or documentation.
With reference to its observation, the Committee draws the Government’s attention to the following points.
Articles 6 and 13 of the Convention and Paragraph 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133). Educational activities relating to occupational hazards in agriculture. The Committee notes with interest that inspectors have provided agricultural workers with training on risk prevention in the agro-industrial sector and employers and workers with training on occupational hazards on sugar cane plantations and in other activities. It also notes with interest that during inspections they have distributed educational booklets on Decree No. 321/009 concerning the health and safety of agricultural workers and on the specific hazards linked to the use of pesticides. The Committee hopes that the Government will continue promoting measures aimed at establishing a culture of prevention in agricultural undertakings and that it will keep the ILO informed on a regular basis.
Article 9, paragraph 3. Training of labour inspectors in agriculture in the course of their employment. The Government points out the joint participation of work environment professionals, magistrates and representatives of the General Inspectorate of Labour and Social Security (IGTSS) in days devoted to examining the issue of limiting the working day of forestry workers. The Committee notes this information and once again requests the Government to provide further information on the participation of labour inspectors in agriculture in the various regions of the country in training sessions on risk prevention in the forestry sector.
Article 12, paragraph 1. Cooperation between the labour inspection services and other government services with a view to preventing risks in the agricultural sector. Further to its previous comments, the Committee once again requests the Government to provide the comprehensive report mentioned in its 2007 report on risk identification and preventive measures in stock raising.
Article 17. Association of labour inspectors with the preventive control of agricultural undertakings. The Committee once again requests the Government to ensure that the competent authority determines the cases and the conditions in which inspectors are to be associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. It requests it to keep the ILO informed of any developments in this regard and to provide a copy of any relevant texts or documentation.
Articles 26 and 27. Annual report on the work of the inspection services in agriculture. Noting the inclusion in the IGTSS’s annual report of some information relating to inspection activities in agriculture, the Committee once again reminds the Government that information and statistics on each of the subjects listed in Article 27 are to be published and transmitted to the ILO, as required by Article 26, either as a separate report or as part of a general report. Consequently, the Committee urges the Government to take prompt measures to give full effect in practice to the above provisions specifically concerning labour inspection in agriculture, in order to allow it to assess the degree of application of the Convention.
The Committee notes the Government’s report received by the ILO on 1 October 2009 in reply to its previous observations, the annual reports of the General Labour and Social Security Inspectorate for 2007 and 2008, as well as the observations made in 2008 by the Latin American Confederation of Labour Inspectors (CIIT) on matters partly raised in its previous comments. The Committee also notes the legislative texts and documents attached to the report.
Referring to its observation concerning the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide the information requested in its next report, in so far as it relates specifically to labour inspection in agriculture.
The Committee is raising other points in a request addressed directly to the Government.
The Committee refers the Government to its observation and would be grateful if it would provide additional information on the following matters.
Article 9, paragraph 3, of the Convention. In-service training for labour inspectors in agriculture. The Committee notes with interest that with support from the ILO, a course on the Safety and Health in Agriculture Convention, 2001 (No. 184), was organized for labour inspectors and that there are to be courses on legislation shortly to be adopted in order to facilitate the implementation of the Convention. It also notes that inspectors attended general courses on the safety of machinery and ergonomic risks, as well as training on risk prevention in the forestry sector. The Committee would be grateful if the Government would provide information on the proportion of the inspectors who participated in the above courses and training, and their distribution as regards predominantly agricultural areas.
Article 12, paragraph 1. Cooperation between the inspection services and other government services with a view to preventing risks in the agricultural sector. The Committee notes with interest that frequent contact is maintained between the inspection services and the Ministry of Stockraising, Agriculture and Fishing, and that in 2006 the General Labour Inspectorate produced a comprehensive report for the Ministry’s specialized services on risk identification and preventive measures in stockraising. The Committee would be grateful if the Government would provide a copy of the abovementioned report.
Article 13. Collaboration between the labour inspectorate in agriculture and the social partners. The Committee notes with interest that bipartite meetings have been held with workers in the agricultural sector in anticipation of an inspection campaign in the north of the country to identify wage-related issues and seek permanent solutions, particularly for cane sugar workers. The Government indicates that there are to be courses for workers and employers on their rights and on the legislation in force. The Committee requests the Government to provide details of the content of the discussions that took place in the abovementioned meetings, and on the outcome of the meetings.
Article 17. Associating labour inspectors in preventive control in agricultural undertakings. The Government states that although labour inspectors are responsible for application of the existing legislation, the National Directorate of Firefighters and the National Directorate of the Environment give prior advice about new processes and new machines. The Committee would be grateful if the Government would take measures to ensure that the competent authority determines the cases and the conditions in which labour inspectors are associated with the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in accordance with this provision of the Convention. The Government is asked to provide information on any developments in this respect.
Articles 26 and 27. Annual report on the work of the inspection services in agriculture. The Committee refers the Government to its comments on this point in its direct request on Convention No. 81, and hopes that the Government will ensure that an annual report on the work of the labour inspection services in agriculture is published by the central authority, in accordance with Article 26, either as a separate report or as part of the general annual report. It hopes that the report will contain the information required by clauses (a) to (g) of Article 27 and that a copy will be duly sent to the ILO.
The Committee takes note of the Government’s report, the additional information sent subsequently, the annual report of the General and Social Security Inspectorate for 2006, and Decree No. 108/007. It also notes that on 3 September 2007 the Government communicated observations made by the Inter-Union Assembly of Workers – National Convention of Workers (PIT-CNT) on the application of the Convention.
1. Articles 14, 15, 17, 18, 19, paragraph 2, and 21 of the Convention. Need to increase the strength of the inspectorate staff and improve its qualifications, and to provide it with adequate resources and transport facilities. The Committee notes that the observations by the PIT-CNT largely reiterate the comments it made in 2005. According to the PIT-CNT, although there have recently been some developments for the improvement of human and material resources, in the agricultural sector supervision is still insufficient in safety and health, and the sector as a whole is characterized by widespread non-observance of the labour legislation and a high rate of occupational accidents. The PIT-CNT stresses the need to provide the inspection services in agriculture with more staff, particularly specialists in safety and health, and adequate transport facilities for inspectors to travel to areas that are difficult to reach. In the Committee’s view, the PIT-CNT’s observations are justified, particularly as regards the specific risks to which agricultural work exposes not only workers and members of their families living at the workplace, but also the environment and neighbouring communities. Consequently, the Committee refers the Government to its comments under Convention No. 81 on the development of human resources and the condition of work of the labour inspectors, and would be grateful if the Government would provide information on the effects of such development on the volume and quality of inspection work in agricultural undertakings, particularly in the area of occupational safety and health.
2. Articles 12 and 27(c), (f) and (g). Cooperation between the inspection services and other government bodies. Further to its comments under Convention No. 81, the Committee takes note of Decree No. 108/007 requiring all employers to keep and register a number of documents that are of use in the inspectorate’s follow up of undertakings. It asks the Government to provide information on any measures taken to apply the Decree to agricultural undertakings and on any difficulties encountered.
It would also be grateful if the Government would report on the progress made in the setting up of a single window common to the tax, social security and labour inspection authorities for the registration and monitoring of undertakings, and on the impact of these developments on the agricultural sector in terms of the requirements of the Convention.
Noting the Government’s statement that the “Chameleon” project, under which any enterprises failing to comply with statutory wages will be identified, and that this will trigger the labour inspectorate’s supervisory machinery, the Committee would be grateful if the Government would provide informations on any developments in this respect, especially as concerns the project’s objectives in relation to the working of the labour inspection services in agriculture.
The Committee is addressing a request on other matters directly to the Government.
With reference to its observation, the Committee notes that, according to the Government, the sugar cane sector is engaged in the process of negotiating a collective agreement. It requests the Government to keep the Office informed of any developments in this respect and to provide a copy of any new text adopted.
The Committee notes that a Bill on labour solidarity intended to promote a responsible attitude by the principal enterprises that subcontract services from other enterprises so as to reduce clandestine work and the abuses inherent in subcontracting, particularly in forestry, services and security firms, is currently being examined by Parliament. The Committee requests the Government to keep the ILO informed of developments concerning this text and to provide, where appropriate, any relevant text.
With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee notes the Government’s report for the period ending 31 May 2005, the Decree of 16 March 2005 establishing the National Advisory Council for Labour Inspection Policy, Decree No. 186/004 of 8 June 2004 on the principle of proportionality in the penalties applicable for violations of labour legislation, Decree No. 67/99 on the allocation of travel expenses for officials in the central administration, and the tables on the distribution of costs between labour inspection activities during the year 2004.
The Committee also notes the observation made by the Inter-Union Assembly of Workers – National Convention of Workers (PIT-CNT), which was forwarded to the Government on 20 September 2005. Noting the recent change of Government and the new conception of industrial relations, the PIT-CNT hopes that the means of action of the labour inspectorate will soon be strengthened so as to improve the application of the Convention. From its viewpoint, the high incidence of employment accidents in agriculture is attributable to the generalized failure to comply with the labour legislation in rural areas, which is abetted by the inadequacy of the number of inspectors specializing in safety and health in agriculture, and particularly of transport facilities allowing inspectors to travel to workplaces, which are often difficult of access, such as rice farms and orange plantations.
1. Articles 12 and 27(c), (f) and (g) of the Convention. Effective cooperation between inspection services and the taxation and social security authorities with a view to the registration of agricultural undertakings liable to labour inspection. With reference to paragraphs 154 to 162 of its 2006 General Survey on labour inspection concerning the need for cooperation between inspection services and other approved public bodies and institutions with a view to establishing an effective system of inspection, the Committee notes with satisfaction that a one-stop system for the registration of enterprises is being established. The Committee hopes that the existence of a one-stop system common to the taxation, social security and labour inspection services for the registration and monitoring of enterprises will finally enable the central inspection authority to compile reliable information on the enterprises liable to inspection, the number and categories of workers engaged therein, occupational accidents and cases of occupational diseases, including their causes (Article 27(c), (f) and (g)).
2. Articles 14, 15 and 21. Resources of the labour inspection services and frequency of inspections. With reference to its previous observation and to the comments of the PIT-CNT concerning the shortcomings of the labour inspectorate in the field of occupational safety and health in agriculture, the Committee notes with interest, with regard to human resources, that the need for 40 new inspectors specially intended for occupational safety and health inspections throughout the economy has been included in the budget forecasts of the Ministry. Moreover, a competition should result in the appointment in the near future of 15 inspectors for general labour conditions and, with a view to improving the performance of inspectors and accelerating their impact, it is envisaged to recruit ten jurists and over 20 administrative officials.
The Committee also notes with interest that the number of vehicles available to the inspection services has been doubled, rising from four to eight vehicles, and that it is planned to further increase the number through the purchase during the course of the year of four four-wheel-drive vehicles to facilitate travel by inspectors to remote agricultural workplaces. With reference to its previous comments, the Committee notes with interest that forestry, rice, citrus fruit and sugar-cane plantations are now covered by programmed inspections, not only in relation to general conditions of work, but also working environment conditions. The Committee hopes that the objectives of strengthening the human and material resources and transport facilities of the labour inspectorate will soon be achieved and that their translation into practice will have the effect of improving the level of compliance with the legislation in the agricultural sector. It requests the Government to keep the ILO informed of any progress achieved in this respect, and particularly to indicate the measures adopted for the establishment of a one-stop system for the registration of enterprises, the establishment and continuous updating of a register of agricultural undertakings so as to enable the labour inspectorate to identify needs more effectively and establish a programme of inspections covering all the fields within its competence and all categories of agricultural undertakings throughout the territory, and to plan its implementation.
3. Article 24. Adequate and effectively enforced penalties. With reference to its previous comments, the Committee notes with interest the provisions of Decree No. 186/004 of 8 June 2004, issued under Law No. 15.903 of 10 November 1987, under which the penalties applicable to those committing violations of the labour legislation shall be established according to the degree of gravity of the infringement, which is defined taking into account a number of criteria, such as negligence, intent, the number of workers affected, repeated failure to comply with orders and the prejudice caused. With regard to occupational safety and health, the penalties shall be determined taking into account, among other factors, the permanent or temporary nature of the risk, the protection measures and devices established by the employer, and training and requirements relating to prevention against occupational risks. The Committee requests the Government to provide data to the ILO in its next report on the effect given in practice to the provisions of this text, particularly in the agricultural sector.
4. Articles 26 and 27. Annual report. With reference to its comments under Articles 20 and 21 of the Labour Inspection Convention, 1947 (No. 81), the Committee would be grateful if the Government would ensure that information specifically covering inspection activities in agricultural undertakings is published and communicated to the ILO on an annual basis, either as a separate report or as part of an inspection report covering other economic sectors.
The Committee is addressing a request directly to the Government on other matters.
The Committee refers the Government to its observation and draws its attention to the following matters.
Article 24 of the Convention. Noting that the amount of the fines imposed for breach of the labour legislation is set and adjusted by law, and that the relevant law in force is Act No. 15.903 of 10 November 1987, the Committee wishes to point out the advisability of having a regulatory procedure for adjusting fines which is more expeditious and hence better able to ensure that fines are adapted to the monetary situation and so remain adequate, as required by this provision of the Convention. It would be grateful if the Government would give consideration to this possibility and would keep the Office informed of any developments in this respect.
Articles 26 and 27. With reference to its previous comments, the Committee notes that no annual inspection report has been published for ten years. It points out that such a report, containing the information required by Article 27, is an essential tool for an assessment, both nationally by the Government and the social partners and internationally by the ILO’s supervisory bodies, of the extent to which the Convention is applied. The Committee therefore requests the Government to take prompt measures to ensure that the central inspection authority for agriculture fulfils its obligation to publish an annual report within the period established in and in accordance with Article 26.
The Committee notes the Government’s report, the documents appended thereto and the replies to its previous comments, particularly those concerning the points raised in the observations made by the Inter-Trade Union Assembly - Workers’ National Convention (PIT-CNT) sent to the Office on 30 September 2002. The Committee also notes that the above organization noted, in an observation on the application of Convention No. 81, received at the Office on 14 October 2003, that there were serious reasons for concern at the effects of the lack of human resources in the labour inspectorate on the number and frequency of inspection visits to monitor workers’ safety and health in forestry estates, where working conditions, according to the above organization, are akin to conditions of slavery.
1. Conditions of service and status of labour inspectors. With reference to its previous comments and the comments of the Conference Committee in 2002 concerning the application of Convention No. 81, the Committee requests the Government to refer to its observation under Article 3, paragraphs 2 and 6, which correspond to Article 6, paragraphs 3 and 8, of this Convention.
2. Human resources, transport facilities, number and frequency of inspections (Articles 14, 15 and 21). The Committee notes that, according to the information supplied in the Government’s report for 2002, the human resources have been bolstered by 11 new labour inspectors and an additional vehicle has been acquired for use in the outskirts of the capital and in the provinces, and that the use of public transport in the capital is free of charge for inspectors on duty travel. It further notes that, according to the Government, all expenses and travel costs required for inspection visits are refunded to inspectors pursuant to Decree No. 67/999. The Committee notes from the same report that visits to inspect general conditions of work are carried out automatically in accordance with a pre-established programme based on the characteristics of each area, in the event of a complaint or when sugar-cane is harvested. Visits to inspect environmental working conditions are not scheduled and are as a rule carried out on an ad hoc basis in rice plantations and forestry estates. Referring to the PIT-CNT’s observation on this point, and noting that the Government does not provide complete information on inspection activities in agricultural enterprises, the Committee would be grateful if the Government would indicate the number of agricultural enterprises liable to labour inspection, the number of workers they employ and the number of inspections carried out in them by type and by occupation.
In view of the particularities of the work force employed in forestry estates and the inherent danger in the tasks performed, the Committee notes with interest that in 2000 and 2001 labour inspectors received training with a focus on Decree No. 372/999 regulating working conditions in respect of occupational safety, health and hygiene in the forestry sector. The Committee hopes that the inspectorate will make use of this training in the preventive services it provides to employers and workers. It nonetheless draws the Government’s attention to the need to take measures to establish a system for enforcing legal provisions on working conditions in general, and particularly those on workers’ health and safety, in all agricultural enterprises, as defined in Article 1 of the Convention; and to make the financial authorities aware of these matters when the next national budget is drafted. It trusts that as a result of such measures human and material resources will be suitably strengthened to ensure a substantial increase in the number and frequency of inspections in agricultural enterprises. It requests the Government to provide information on any developments in this respect, reporting any difficulties encountered.
The Committee is requested to provide in full the text of Decree No. 67/999, concerning the allocation of travel allowances to labour inspectors, mentioned in the report for 2000.
The Committee notes the Government’s report, its replies to previous observations, and the documents supplied with its report. The Committee also notes the observations of the National Workers’ Convention (PIT-CNT), which were transmitted by the Government on 30 September 2002. The Committee notes that the observations of the PIT-CNT concern questions examined in its previous observations and on which the Government has communicated information in its report.
The Government is asked to communicate additional information regarding certain points raised by the PIT-CNT for examination by the Committee at its next session.
The Committee notes the Government’s report and the attached documents. It notes Decree No. 372 of 26 November 1999 regulating conditions of employment in regard to occupational safety, hygiene and health in the forestry sector. Noting the information that section 289 of Act No. 15 on penalties applicable to violation of the legal provisions relating to work was amended by section 412 of Act No. 16-736 of 5 January 1996, the Committee requests the Government to also supply a copy of this text.
Article 6 of the Convention. Noting that labour inspectors in agriculture perform the same duties as those assigned to them in other sectors, the Committee would be grateful if the Government would indicate whether, as provided by Article 6(2), it is envisaged to give them, in agriculture, advisory or enforcement functions regarding legal provisions relating to the living conditions of workers and their families.
Article 10. The Committee would be grateful if the Government would indicate whether special duties are assigned to women inspectors as provided in this Article and, if so, in what particular spheres.
Articles 26 and 27. The Committee notes the statistical data on inspection visits and the number of workers covered for 1996 and 1997 by sector of activity. It notes, however, that the last annual inspection report supplied to the ILO concerns the year 1992. The Government is requested to indicate whether annual reports on the work of the inspection services in agriculture, with the form and content prescribed in the provisions of the Convention, have been published since then and, if so, to send a copy to the ILO; if not, the Committee requests the Government to take all appropriate measures to this end and to provide information on their results.
Conditions of service and status of labour inspectors (Articles 6(3) and 8 of the Convention). The Committee notes that Act No. 16-226 of 29 October 1991 allows labour inspectors to perform, in addition to their official duties, activities not associated with them, subject to prior notification to the institution to which they belong, and that they must not take part as an inspector in any matter having a direct or indirect link with their private activity. This provision repeals section 495 of Act No. 15-809 of 10 November 1987 which, as the Government emphasized in a previous report (1993), specifically prohibited inspectors from performing other work. The Committee notes that the Government also said in the 1993 report, to establish that inspectors benefited from advantageous and preferential treatment, that in addition to the possibility of ensuring other sources of income, the supplementary remuneration which was paid to them in addition to their wage was maintained. The Committee reminds the Government that under Article 8 of the Convention, the labour inspection staff in the agricultural sector shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. The authority and impartiality necessary for labour inspectors in their relations with employers and workers can be ensured only if these statutory and material conditions exist. However, not only does the faculty offered to inspectors to perform other paid activities in parallel with their official duties indicate that the wages paid to them are insufficient for them to live on but, in addition, it would seem to discourage involvement with their inspection work. The Committee considers in any event that the abovementioned provision of Act No. 16-226 of 29 October 1991 is contrary to Article 6(3), and to the purposes envisaged in Article 8. It therefore requests the Government to set in hand appropriate measures for the purpose of amending legislation on this point in order to ensure conformity with the provisions of the Convention and to supply information on any progress made in this matter.
Numbers and powers of labour inspectors (Articles 14, 15 and 21). In a comment dated 29 December 1999, the National Workers’ Convention (PIT-CNT) indicates the difficulties encountered particularly by labour inspectors working in rural areas because of the lack of transport facilities necessary for the performance of their supervisory duties in paddy fields and orange groves. The Ibero-American Confederation of Labour Inspectors also denounces, in an observation dated 26 May 2000 on the same Convention, a progressive deterioration in the system and resources of labour inspectors: inadequate staff numbers, non-existent work documents and wage discrimination compared with the inspectors of other state inspection units responsible for fiscal supervision. The Government is requested to provide details on the number and geographical distribution of labour inspectors working in agriculture and to supply information on any measures taken or envisaged to make available to them the material resources necessary for the performance of their duties such as, in particular, the transport means or facilities essential for visiting and inspecting agricultural undertakings, in accordance with Article 21, as often and as thoroughly as possible.
The Committee refers to its comments under Convention No. 81.
The Committee notes with regret that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
Articles 26 and 27 of the Convention. Please refer to the comments under Convention No. 81. The Committee expresses the hope that future annual inspection reports will contain separate information on the activities of the inspection services in agriculture.
Articles 26 and 27 of the Convention. Please refer to the comments under Convention No. 81. The Committee expresses the hope that future annual inspection reports will contain separate information on the activities of the inspection services in agriculture. 81)