Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Repetition

The Committee notes the comprehensive and full information on the application of the provisions of the Convention in the Government’s first report.

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes that, in conformity with section 2(1)(a)(iv) of Act No. 125/2006 on Labour Inspection (AIE), as amended and in conformity with Act No. 82/2005, Coll. on Illegal Work and Illegal Employment, as amended (AIWIE), labour inspectors are among others entrusted with the control of illegal work and employment, including with the control of the legality of residence of foreign workers. It notes, from the information, available on the website of the National Labour Inspectorate, that in the second semester of 2010, 14,060 inspection visits were carried out of which 4,017 inspections (28.57 per cent) were related to illegal employment. It further notes that during this period, labour inspectors detected 342 violations of the AIWIE, of which 225 related to foreign workers working without the required residence permit (section 2(1)(b) AIWIE). The Committee further understands that in accordance with the AIWIE, labour inspectors are empowered to fine foreign workers when they are employed without holding a residence permit and that joint inspections were conducted with the police in the area of illegal employment.

The Committee recalls that, as indicated in paragraphs 76–78 of its 2006 General Survey on labour inspection with regard to the increasing tendency to link inspections of clandestine work and irregular migration, the primary duty of labour inspectors is to protect workers and not to enforce immigration law. Efforts to control the use of migrant workers in an irregular situation require the mobilization of considerable resources in terms of staff, time and material resources, which inspectorates can only provide to the detriment of their primary duties. Moreover, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection. As a general rule, only the employer should be held accountable for illegal employment with the workers involved in principle being seen as victims. The Committee has therefore welcomed the initiative of certain governments to relieve the inspectorate of the task of policing illegal employment and transfer it to another body.

The Committee therefore requests the Government to indicate the measures taken or envisaged, including the amendment of section 2(1)(b) of the AIWIE so as to ensure that the functions of enforcing migration law are dissociated from those of controlling the observance of workers’ rights.

The Committee also requests the Government to indicate the activities carried out by the labour inspectorate in the area of illegal employment (numbers, scope and nature of controls carried out, nature of violations found, legal proceedings instituted, as well as the remedies applied and sanctions imposed) as well as their impact on the enforcement of legal provisions relating to conditions of work and the protection of workers.

The Committee finally asks the Government to indicate the manner in which the labour inspection ensures the enforcement of employers’ obligations with regard to the statutory rights of undocumented foreign workers for the period of their effective employment relationship (e.g. the establishment of effective national mechanisms to recover outstanding remuneration and social security benefits).

Article 5(b) of the Convention. Collaboration with the social partners. The Committee notes that cooperation between representatives of the Ministry and representatives of employers’ and employees’ organizations at the national level takes place through the Economic and Social Council in accordance with Act No. 103/2007, Coll. on Tripartite Consultations at the National Level and on the amendment of certain acts (the Tripartite Act). The Committee would be grateful if the Government would provide information on any activities of the Council in relation to labour inspection and a copy of any relevant documentation.

Article 6 of the Convention. Status and conditions of service of labour inspectors. The Committee notes that in conformity with sections 10(1) and 11 LIA, labour inspectors are civil servants governed by Act No. 400/2009 on the Civil Service (CSA), and are required to have completed special (theoretical and practical) training and passed a written and oral examination before an expert commission before being eligible to the post of labour inspector. Noting that civil servants under the CSA can be employed as temporary or permanent civil servants, the Committee asks the Government to specify the manner in which labour inspectors are ensured of stability of employment as required by Article 6.