Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Principal reasons for the lack of a satisfactory inspection system in agriculture and the place of labour inspection in the objectives of the Decent Work Programme (2008–10). The Committee notes that, despite the adoption of relevant texts for the development of labour inspection in agriculture, numerous obstacles persist, namely:

–      the insufficient number of inspectors;

–      the severe lack of specific training activities designed to update the skills of labour inspectors, particularly with regard to occupational safety and health;

–      the derisory financial resources in relation to the size of the agricultural sector;

–      the lack of compensation for inspectors for the conditions of work in a particularly difficult sector;

–      the lack of job security for inspectors;

–      the lack of experience of inspectors, the very limited awareness of agricultural workers and employers and the lack of knowledge concerning the labour legislation.

The Committee notes that, according to the Government, the report on the application of the Convention has been forwarded to several bodies and institutions, such as the Ministry of Foreign Affairs, Ministry of Industry, the Confederation of Trade Unions and the Damascus Chamber of Industry. It notes, however, that the report was not sent to the Ministry of Finance, the Ministry responsible for the Public Service and Domestic Affairs, the Ministry of Education or the Ministry of Justice, even though the matters raised in the report concern issues falling within the remit of each of these bodies and the bodies concerned could contribute to strengthening the labour inspectorate. The matters raised relate to the allocation of the financial resources necessary for its operation, the updating of the training of labour inspectors as public servants, the phenomenon of child labour and the support of the police and judicial bodies in labour inspection activities.

The Committee requests the Government to ensure that labour inspection, which has been made a national priority under the Decent Work Programme established for the country, is gradually allocated the necessary financial resources to strengthen the number and qualifications of inspectors assigned to the agricultural sector. It draws the Government’s attention in particular to the need to ensure that the conditions of service of inspectors are such that they are assured of stability of employment, especially through appropriate career prospects, and requests it to provide information in its next report on any progress made to that end in both law and practice and on any difficulties encountered.

The Committee also requests the Government to indicate the measures adopted in the context of the implementation of the Decent Work Programme with regard to the establishment of a labour inspection system operating effectively in agriculture, including appropriate cooperation mechanisms involving the other bodies and institutions concerned, and the social partners.

Articles 26 and 27 of the Convention. Annual report on inspection activities. Noting the Government’s assessment that 24 labour inspectors is a derisory number in relation to the size of the agricultural sector, the Committee notes the lack of any annual report which would allow an accurate assessment of the nature and volume of activities carried out by these inspectors. Furthermore, the Government’s brief indication of a single judicial body in relation to the provisions of the Convention, without specifying its purpose, is not sufficient to allow an assessment of the impact of the legal provisions allocating educational duties to labour inspectors to encourage employers to comply with the legislation on conditions of work and duties relating to the imposition of penalties in the case of resistance on the part of employers. The Committee therefore urges the Government to provide a copy of the annual report on labour inspection in agricultural undertakings, which has not been sent to the Office, as well as copies of the subsequent annual reports prepared during the period covered by the Government’s next report.

Hoping that information on the content of the decisions handed down by the courts following the proceedings initiated by the labour inspectorate in agriculture will be included in the annual report, the Committee nonetheless requests the Government to provide the information available in this regard in its next report.