National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
DISPLAYINEnglish - French - Spanish
Referring also to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee takes note of the Government’s report received on 12 October 2009.
Article 6(1)(a) and Articles 14, 20, 26 and 27 of the Convention. For many years, the Committee has been regretting the absence in annual reports on the work of the inspection services of specific data on the activities of the labour inspectorate in agriculture, with the exception of statistics of occupational accidents and diseases, which are presented by sector of economic activity. In its previous comments, the Committee observed that the activities of the labour inspectorate in the agricultural sector appeared to be focused on combating illegal employment and not on the conditions of work and the protection of workers while engaged in their work, as required by the Convention.
The Committee notes from the latest annual report provided by the Government that the highest number of accidents for 2008 was in the timber‑processing sector, due primarily to lack of experience, insufficient training and professional skills of accident victims, as well as non-use of personal protective equipment and lack of safety appliances. The Committee recalls once again that the specific characteristics of work in the agricultural sector involve specific risks to which workers are exposed (for example, risks related to the handling and use of chemicals and agricultural machinery) and therefore requires specific skills from inspectors acquired through adequate training (Article 9(3)) and facilities (Article 15), such as transport and other facilities that take account of the distant and remote nature of agricultural undertakings, as well as appropriate equipment for measuring and analysis. Only where relevant training is provided to labour inspectors, can the latter perform the very important preventive function entrusted to them according to Article 6(1)(b) of the Convention, namely to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions. In this regard, Paragraph 2 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133) promotes the association of the labour inspectorate in agriculture in training of workers and Paragraph 14 relates to the appropriate means by which Members should promote education campaigns intended to inform the parties concerned, not only of the need to apply strictly the legal provisions but also of the dangers to the life or health of persons working in agricultural undertakings and the most appropriate means of avoiding them. The Committee has noted significant progress with regard to the safety and health of workers in countries where such campaigns were carried out, particularly in forestry work. The Committee therefore urges the Government to take appropriate measures to ensure that agricultural undertakings liable to inspection are inspected as often and as thoroughly as necessary. Referring to its 2009 general observation under this Convention, it would be grateful if the Government would indicate whether the labour inspection services can base their work on a census of agricultural undertakings liable to inspection and the workers engaged therein so as to be able to plan the activities to be undertaken in the sector and allocate the necessary resources. If this is not the case, the Government is requested to take measures for this purpose and to keep the Office duly informed. Finally, the Committee would be grateful if the Government would ensure that the annual report on the inspection activities in the agricultural sector contains detailed information as requested by Article 27.
The Committee notes that the Government’s report contains information on the operation of the labour inspection system as a whole, and that it covers all sectors of economic activity.
Articles 6, paragraph 1(a), 14, 20, 26 and 27 of the Convention. For many years, the Committee has been regretting the absence in annual reports on the work of the inspection services of specific data on the activities of the labour inspectorate in agriculture, with the exception of statistics of occupational accidents and diseases, which are presented by sector of economic activity. In its previous comment, the Committee once again emphasized the value of publishing this information separately, either in the form of a separate report or as part of a general report, and it requested the Government, in the meantime, to provide the specific information on the agricultural sector required by each part of the report form.
It emerges from the Government’s reply that such measures have still not been taken. The Committee nevertheless notes that the only information provided on the work of the labour inspectorate in the agricultural sector indicates that such activities are focused on combating illegal employment and not on the conditions of work and the protection of workers while engaged in their work, as required by the Convention.
The Committee recalls that the specific characteristics of work in the agricultural sector involve specific occupational risks to which workers are exposed (for example, risks related to the handling and use of chemicals and agricultural machinery) and therefore requires specific skills from inspectors acquired through adequate training (Article 9, paragraph 3) and facilities (Article 15), such as transport and other facilities that take into account the distant and remote nature of agricultural undertakings, as well as appropriate equipment for measuring and analysis.
The statistics on accidents at work and occupational diseases in agriculture, contained in the annual report for 2006, reveal a not insignificant proportion of accidents resulting in the death of workers in the sector (eight in 2006 out of a total of 53 for all sectors combined) and of cases of registered occupational diseases (54 in 2006 out of a total of 569). The Committee requests the Government to indicate the measures taken to ensure that agricultural undertakings liable to inspection are inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions relating to conditions of work and the protection of agricultural workers while engaged in their work. It would be grateful if the Government would indicate whether the labour inspection services can base their work on a census of agricultural undertakings liable to inspection and the workers engaged therein so as to be able to plan the activities to be undertaken in the sector and allocate the necessary resources. If this is not the case, the Government is requested to take measures for this purpose and to keep the Office duly informed.
The Committee takes note of the Government’s report for the period ending in June 2005. It observes that most of the information concerns recent developments in the legislation on a number of subjects such as the organization of labour administration, and the amendment of the Labour Code, the Penal Code and the Administrative Offences Code in order to expand the legal basis and enhance the role of labour inspection in general. The Committee also notes the report of the tripartite labour inspection audit carried out with technical assistance from the ILO and the recommendations it contains. It would be grateful if the Government would provide information in its next report on the action taken or envisaged to give effect to the recommendations to increase the human and material resources for inspection in order to improve implementation of the legal provisions on working conditions and the protection of agricultural workers.
1. Articles 26 and 27 of the Convention Annual report on inspection in agricultural undertakings. The Committee notes that no information on the work of the inspection services in agriculture has been sent with the Government’s report. In its previous comments, it expressed the hope that relevant information on the activities of the inspection services in agriculture, as required by Article 27 of the Convention, would be shortly published and communicated to the International Labour Office in a consolidated manner either in the form of a separate report, or as part of its general annual report. The Committee notes the Government’s confirmation that no such report exists and that the annual inspection report covers all activities undertaken by the labour inspectorate, including in agriculture. The Committee would like to draw the Government’s attention to the fact that the annual inspection report required by the Convention is an essential tool for evaluating the work of the inspection services in agriculture and a source of information essential to determining the means for improving it. Publication of such a report should also enable the social partners in the agricultural sector to assess whether the means used and the measures taken to achieve the purposes of inspection are effective and to express their views and propose improvements. Specific information must therefore be easily identifiable, even in a report covering other sectors of the economy. The Committee is therefore bound to remind the Government of the obligations deriving specifically from this Convention and to ask it once again to take the necessary steps to ensure that the central inspection authority publishes and sends to the ILO, in one of the forms provided for in Article 26, an annual report containing the information required for each of the items at Article 27(a) to (g). Pending such a report, the Committee requests the Government to provide in its report on the application of the Convention the information specific to the agricultural sector required by each part of the report form.
2. Articles 15(b) and 21. Transport facilities for labour inspectors in agriculture and inspection visits. With reference to the abovementioned tripartite audit report for 2005 on the inspection system, the Committee notes that the obstacles to effective inspection include insufficient transport facilities and the fact that the few inspectors who use their own vehicles are seldom refunded their transport costs. The Committee notes that the Government has not sent, as announced in its report, the text of Regulation No. 219 of 28 May 2002, and accordingly asks it to indicate the measures taken to enable labour inspectors to carry out inspections of agricultural undertakings in accordance with Article 21 as often and as thoroughly as is necessary to ensure the effective application of the provisions enforceable by labour inspectors, and to provide copies of any relevant texts.
With reference to its observation on the application of the Labour Inspection Convention, 1947 (No. 81), the Committee notes the Government’s reports. It draws its attention to the following points.
1. Annual report on the activities of the inspection services in agriculture. The Committee notes that information on the work of the inspection system in agricultural enterprises is not presented separately in the annual inspection reports covering all economic sectors. The Committee once again hopes that the Government will ensure that, in the near future and in accordance with the Convention, information on the activities of the inspection services in agriculture, as required by Article 27, is published and communicated to the International Labour Office in a consolidated manner either in the form of a separate report, or as a part of its general annual report (Article 26).
2. Reimbursement of the professional travel expenses of labour inspectors in agriculture. The Committee requests the Government to provide a copy of Regulations No. 219 of 28 May 2002 on the procedure for the reimbursement of expenses relating to missions and business trips of employees, referred to in its report.
3. Communication of the results of the inspection. The Government is requested to indicate whether, as envisaged in Article 18, paragraph 4, of the Convention, the labour inspector is bound, when visiting an agricultural enterprise, to make known immediately to the employer and the representatives of workers the defects noted and the orders made. If this is not the case, the Committee would be grateful if the Government would ensure that effect is given to this provision and would keep the Office informed accordingly.
The Committee notes the Government's first report for the period ending 31 July 1998. It requests the Government to provide further detailed information on the application of the following provisions of the Convention:
Article 2. Please clarify whether the Regulations of the Tripartite National Council of Employers, State and Trade Unions, ratified on 12 July 1996 and the law on the technical supervision of dangerous equipment", of 23 February 1995, are still effective or whether they have been superseded respectively by the Regulations of the National Tripartite Cooperation Council, of 30 October 1998, and by the law of the Republic of Latvia on the technical supervision of dangerous equipment", of 24 September 1998; and whether collective agreements are enforceable by the State Labour Inspectorate and, if so, in virtue of which provisions of national laws or regulations.
Article 5, paragraph 1. Please clarify whether the provisions of the Convention are applied to the persons participating in a collective economic enterprise, such as the members of a cooperative specified in Article 5(1)(b).
Article 5, paragraph 3. The Committee asks the Government to provide information as to what extent effect has been given or is proposed to be given to the provisions of the Convention in respect of tenants who do not engage outside help, sharecroppers and similar categories of agricultural workers.
Article 8, paragraph 1. Please indicate the grounds for termination of employment of inspectors depending on their status as public servants or not.
Article 8, paragraph 2. Please indicate whether and in what manner officials or representatives of occupational organizations have been included in the system of labour inspection and give details of their status, their conditions of service and the powers granted to them in the exercise of their functions.
Article 11. The Committee asks the Government to provide details in respect of the manner in which technical experts and specialists are associated in the work of labour inspection in agriculture.
Article 12, paragraph 1. Please indicate whether the government services and public or approved institutions engaged in activities similar to those of the labour inspection in agriculture, cooperate with the inspection services in agriculture and provide details on the forms of such cooperation.
Article 12, paragraph 2. Please indicate whether the competent authority has taken measures to apply this provision.
Article 13. Please indicate the particular forms of collaboration between officials of the labour inspection in agriculture and employers and workers, or their organizations.
Article 14. The Committee asks the Government to provide information on the number of labour inspectors performing their functions in agriculture and their distribution by categories, including in particular the number of inspectors assigned functions of a technical or specialized character.
Article 15, paragraph 1(b). Please provide information on the transport facilities made available to regional State Labour Inspectorates other than those mentioned in the report under Convention No. 81.
Article 16, paragraphs 2 and 3. Please indicate the legal provisions giving effect to these provisions of the Convention and the manner in which they are applied in practice.
Article 18, paragraph 4. Please indicate in what manner effect is given to this provision of the Convention.
Article 19, paragraph 1. The Committee asks the Government to clarify whether employers are obliged to notify the State Labour Inspectorate of cases of occupational disease; and to indicate specific provisions in the national laws which establish the duty of the consultative commission of physicians of the Centre of Occupational and Radiation Medicine of Pauls Stradins teaching and research hospital of the Latvian Medical Academy to inform the State Labour Inspectorate of cases of occupational disease.
Article 19, paragraph 2. Please provide information on whether labour inspectors in agriculture are associated with inquiries on the spot into the causes of occupational diseases.
Article 21. Please provide detailed information on the criteria applied for determining the frequency of inspections of agricultural workplaces.
Article 27(c). Please provide separate statistics of agricultural undertakings liable to inspection and the number of persons working therein.
Part V of the report form. Please clarify whether the "report on the application of the Convention" mentioned under Part V of the report form is different from the report submitted to the ILO under article 22 of the Constitution of the ILO.
The Committee also asks the Government to provide a copy of the text of the Civil Service Act of 21 April 1994.