Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with interest the detailed nature of the Government’s report received in October 2006, and the information on the training sessions for labour inspection staff in 2005 and 2006. It also notes the clarifications on the legislative provisions governing the institutional reform of the labour inspection system and the voluminous implementing documentation attached, including tables reflecting the work of the inspection services in agricultural undertakings.

1. Article 6, paragraphs 1(a) and 2, of the Convention. Monitoring of conditions of work and monitoring and sanctioning of illegal and unauthorized work. With reference to its comments under Convention No. 81 on this subject, the Committee emphasizes that, under the terms of Article 4 of the present Convention, the system of inspection in agriculture must cover all wage workers or apprentices, “however they may be remunerated and whatever the type, form or duration of their contract”. The extent of illegal employment in various forms in agriculture has led the Government to focus inspection operations, conducted jointly with other official bodies pursuing different objectives from that of the protection of workers while engaged in their work, mainly on detection of undertakings guilty of contraventions and on prevention in this area. In view of the results of these controls, even though there is no doubt that measures were necessary to put a stop to this phenomenon, the Committee nevertheless considers, as it does in relation to Convention No. 81, that the role thus assigned to labour inspectors can severely jeopardize the realization of the prime objective of the Convention, namely, to ensure the protection of workers against the imposition of conditions of work which are contrary to the legal provisions. The Committee hopes that the Government will take steps to re-establish labour inspectors working in the agricultural sector in the duties defined by the Convention and limit their collaboration with services responsible for monitoring immigration to an extent which is compatible with the aim of the Convention. It would be grateful if the Government would keep the Office informed of all progress made in this respect and to inform it, if applicable, of any obstacles encountered.

2. Articles 26 and 27. Publication and communication to the ILO of an annual inspection report. In this respect, the Committee also refers to its comment under Convention No. 81 and hopes that detailed information on each of the subjects covered by Article 27 will be published soon in an annual report, with a copy of it to be sent to the ILO within the deadline prescribed by Article 26.