Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Repetition

Articles 3, 4, 5(3) and 7(3) of the Convention. Coverage of the labour inspectorate in agriculture. The Committee notes the Government’s explanations that the Inspectorate of Labour and Mines (ITM) is a single labour inspection body, into which the inspection of agricultural undertakings is integrated. The Committee understands that the ITM is competent to supervise the application of legal provisions relating to conditions of work and the protection of workers while engaged in their work, and particularly the provisions of the Labour Code, which apply without distinction with other sectors also to undertakings in the agricultural sector.

In this respect, the Committee notes that section L.611-2(1) of the Labour Code defines an “employed person” as “any physical person, including trainees, apprentices and students engaged during school holidays, within the limits of the applicable texts, who is engaged by an employer with a view to carrying out remunerated services performed within a context of subordination ... “It also notes the Government’s reference in its report to section L.211-2(2) of the Labour Code, which provides that: “special laws, collective labour agreements and, in their absence, public administrative rules shall govern the working time arrangements: ... of personnel engaged in family type undertakings in agriculture, viticulture and horticulture”. It further notes the Government’s reference to sections L.233-2(2) and L.341-2, which provide that the entitlement to leave of personnel engaged in seasonal enterprises and those engaged in agriculture and viticulture, as well as the conditions applicable to work by young persons engaged in agriculture and viticulture shall be governed or may be governed, respectively, by Grand-Ducal Regulations. Finally, it notes that the ITM and the Chamber of Agriculture are currently preparing a brochure setting out all the provisions of the labour legislation respecting the recruitment of different types of employed persons, ranging from employment contracts without a time limit to trainees in agriculture. The Committee requests the Government to provide information on the various categories of workers for whom the ITM is responsible for the protection, as well as the applicable provisions of laws or regulations (including Grand-Ducal Regulations). It also requests the Government to provide a copy of the brochure referred to above prepared by the ITM and the Chamber of Agriculture.

The Committee further requests the Government to provide information on the extent to which effect has been given or it is envisaged giving effect to the provisions of the Convention in respect of farmers who do not engage outside help, sharecroppers and similar categories of agricultural workers; persons participating in a collective economic enterprise, such as members of a cooperative; and members of the family of the operator of the undertaking, as defined by national laws or regulations.

Articles 6(1)(a) and (b) and 11. Supervision and prevention in relation to occupational safety and health in agricultural undertakings. The Committee requests the Government to provide information on the content of the legal provisions establishing that labour inspectors shall be responsible for exercising preventive and supervisory functions in agricultural undertakings, and particularly to ensure the protection of workers against risks related to the use of chemicals and complex machinery. It would be grateful if the Government would also provide statistical data on the application of these provisions in practice.

Article 9(3). Training of labour inspectors in agriculture. The Committee would be grateful if the Government would indicate whether the training of labour inspectors, upon their entry into service and in the course of employment, covers matters specifically related to agriculture, such as the handling of pesticides and other hazardous chemicals, the monitoring of agricultural machinery and installations, etc. Where appropriate, it requests the Government to provide information on their content, duration and the number of participants.

Articles 12 and 13. Cooperation between the inspection services in agriculture and other government services and institutions and collaboration between officials of the labour inspectorate in agriculture and employers and workers or their organizations. The Committee notes the Government’s indications that the ITM, in relation to labour legislation in the field of agriculture, works in close cooperation with the Chamber of Agriculture of Luxembourg. However, it notes that the Government does not provide information on collaboration between labour inspectors who carry out inspections in agriculture and employers and workers or their organizations. The Committee would be grateful if the Government would indicate whether measures have been taken or are envisaged to encourage and facilitate such collaboration and, if so, to describe them and to provide recent examples of collaboration in practice (consultation, training, information seminars, etc.).

It also requests the Government to provide further information on the content and procedures of cooperation with other government institutions, including the Ministry of Agriculture, the Chamber of Agriculture and the Coordinating Committee of the National Labour Inspection System (through a regular exchange of information and data, the organization of training seminars and conferences, etc.).

Articles 14, 15(1)(b) and 21. Transport facilities for the professional travel of inspectors for the inspection of agricultural undertakings. Inspection of agricultural undertakings as often as necessary and appropriate staffing levels. The Government is requested to indicate the manner in which it is ensured that labour inspectors have the necessary means and transport facilities for the discharge of their duties. It is also requested to provide information requested in the report form for the Convention under Articles 14 and 21 and, where appropriate, to include this information in the annual report on the activities of the ITM.

Article 27. Information on the activities of the inspection services in agriculture contained in the annual report. The Committee notes that the annual report for 2001 on the activities of the Inspectorate of Labour and Mines contains information on the distribution of recognized accidents according to the workplace, including for agriculture, stock-rearing, fish farming and forestry, but does not contain data on the other subjects covered by Article 27 of the Convention specifically relating to activities in the agricultural sector. The Committee recalls that this information is indispensable to assess the degree of application of the Convention.

The Committee requests the Government to indicate the measures taken or envisaged to ensure that the annual reports on the activities of the Inspectorate of Labour and Mines contain full information on all the subjects covered by clauses (a)–(g) of Article 27, including the number of inspections in agriculture, the number of labour inspection staff carrying out inspections, the number of agricultural undertakings liable to labour inspection and the number of persons working therein, violations and sanctions imposed following inspections in agriculture, and the number of employment accidents and cases of occupational disease in agriculture.