Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s reports.

Part II (Engagement and recruitment of migrant workers), Articles 5 to 19 of the Convention. The Committee notes the information provided by the Government concerning the study that is being undertaken on migrant labour in the rice-growing sector and the Government’s intention to extend this type of study to the sugar-cane sector. The Committee requests the Government to keep it informed of the findings of these studies and to provide any other information concerning the engagement and recruitment of migrant workers in plantations, including data on the number of persons covered by this type of work, their working conditions and the types of plantations in which they work, as well as any legal provisions that have been adopted on this subject.

Part IV (Wages), Articles 24 to 35. The Committee notes with concern that the Government does not hold consultations with employers’ and workers’ organizations for the fixing of the minimum wage for workers in plantations, as required by Article 24, paragraph 2, of the Convention. The Committee emphasizes its comments of 2003 under Convention No. 131 and requests the Government to provide information on the manner in which minimum wages are determined for workers in plantations. The Committee also requests the Government to provide information on the impact of the minimum wage on the purchasing power of workers in relation to a basket of basic products, and to indicate the number of workers in plantations covered by statutory minimum wage rates and those covered by minimum wages established by collective agreements.

The Committee also reminds the Government of its comments of 2001 under Convention No. 95.

Part V (Annual holidays with pay), Articles 36 to 42. The Committee notes that, according to the Government, Act No. 12.590 authorizes as an exception that in collective agreements national holidays may be counted as part of annual leave. The Committee recalls its last comment concerning Convention No. 132 in which it indicated that official national holidays must not be counted as part of annual holidays with leave. The Committee trusts that the Government will take the necessary measures in the very near future to bring the legislation into compliance with the Convention on this matter.

Part VII (Maternity protection), Articles 46 to 50. The Committee notes Decree No. 211/001, of 8 June 2001, extending the unemployment insurance scheme established under Legislative Decree No. 15.084 to workers in rural areas, thereby enabling women workers in plantations who are receiving unemployment insurance benefits to obtain medical care free of charge for themselves and their recently born children.

Part IX (Right to organize and collective bargaining), Articles 54 to 61. See the comment of 2003 under Convention No. 98.

Part XI (Labour inspection), Articles 71 to 84. The Committee notes the statistics on labour inspections provided by the Government. The Committee notes in particular that during the period 2002-03 the inspection services carried out 3,962 inspections, of which 23 per cent were undertaken as a result of complaints, and that 67 per cent of inspections identified violations. The Committee requests the Government to provide detailed information in its next report on the inspections carried out in plantations, including the number of inspections carried out in the sector, the areas covered by them, the violations of labour laws reported (working hours, wages, health and safety, employment of young persons, etc.), and the sanctions imposed.

The Committee also refers to its latest comments under Conventions Nos. 81 and 129 in which, firstly, it urged the Government to take the necessary measures to ensure that labour inspection personnel benefit from a status and conditions of service which guarantee their independence and, secondly, it recalled the obligation of the inspection bodies to prepare and publish annual inspection reports.

Part IV of the report form. The Committee notes that the information provided by the Government describes a grave crisis in the rice-growing sector and a continued decline in sugar-cane production. The Committee requests the Government to continue giving a general appreciation of the application of the Convention in practice, including: (i) recent studies on the socio-economic conditions of workers in plantations; (ii) statistics on the number of enterprises and workers covered by the Convention; (iii) copies of the collective agreements applicable in the sector; (iv) the number of workers’ and employers’ organizations existing in the plantation sector, and any other information making it possible to assess the situation of workers in plantations in the light of the provisions of the Convention. Finally, the Committee requests the Government to provide additional information demonstrating the importance of the plantations sector in the national economy, for example, in relation to gross domestic product, exports and the numbers of persons employed.