Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the detailed information contained in the Government’s report for the period ending June 2007 and the numerous legislative texts attached. In its previous observation, it noted the report of the tripartite mission which had undertaken an audit of the labour inspection system in October 2005 and it requested information on the measures taken to give effect to the recommendations of the mission as they related to the present Convention. The Government reports in this respect the formulation of strategies and the implementation of programmes intended to develop a preventive culture in the field of occupational safety and health at the national level and involving the labour inspection services to a large extent.

Article 6 of the Convention. Conditions of service of labour inspectors. With regard to the staff of the labour inspectorate, the Committee emphasized in its previous comment the recommendations concerning the improvement in the conditions of service of inspectors, and particularly the need to increase their remuneration. It notes with satisfaction that, according to the information provided by the Government in its report, the salaries of personnel in the labour inspectorate were increased by an average of 69 per cent in 2006, and then by 78 per cent in 2007, and that the salaries of junior state labour inspectors more than doubled in 2007, rising from 123 Latvian Lati (LVL) to LVL250 (or around US$525).

Article 3, paragraph 1, and Article 10. Principal functions of the labour inspectorate and the strengthening of inspection staff. The Committee notes the creation in 2006 of seven positions in the labour inspectorate which, according to the Government, have been assigned to combating illegal employment, one of the fields of priority action determined by the Ministry of Social Protection for that year. However, it notes that, taking into account the positions vacant (43 on 31 December 2006, or one-fifth of the inspection staff), the total number of positions filled in 2006 is slightly lower than that of 2005. The Committee would be grateful if the Government would specify whether the vacant positions are for inspectors and it hopes that the Government will be in a position to take the necessary measures to fill the positions in the near future. It requests the Government to provide information on any development in this respect and also to indicate the manner in which it will be ensured that inspections relating to conditions of work and the protection of workers while engaged in their work continue to be carried out by all labour inspectors.

Article 15. Professional ethical principles. The Committee takes due note of the adoption, in the context of the 2005 and 2006 amendments to the Law on the prevention of conflicts of interest in the operations of State officials, that an Ethics Code has been developed for labour inspectors. The Committee requests the Government to provide detailed information on the content of this Code, and particularly on the principles that it advocates in relation to each clause of Article 15 of the Convention, namely relating to the absence of direct or indirect interest, professional secrecy and confidentiality as to the source of complaints.

Articles 20 and 21. Annual report on the work of the labour inspection services. The Committee notes the annual reports on the work of the labour inspectorate for 2004, 2005 and 2006, which were attached to the Government’s report. It notes in particular with satisfaction the detailed nature and quality of the information, and particularly the statistics that they contain. These data enable the Committee to gain an overview of the labour inspection system and to fully assess its operation. With regard to information relating to the violations reported, the Committee would be grateful if the annual report on the work of the inspection services continued to include information of an analytical nature on the type of violations (for example, technical violations relating to occupational safety and health or the organization of work, or violations concerning employment contracts or the payment of wages), as was done in the reports for 2004 and 2005.

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