Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the Government’s detailed report received on 8 September 2008, accompanied by information in reply to its previous comments, as well as the annual report on the organization, operation and work of the labour inspectorate in agriculture for 2007. It notes with interest the quality of the information provided.

The Committee also notes the observations made by the General Union of Labour, Employment and Vocational Training Personnel (FO-ITEPSA) on 14 January and 29 July 2008, which were forwarded to the Government on 4 April and 4 September 2008, respectively, and the Government’s comments on the matters raised by the union.

Article 7, paragraph 3, of the Convention. Integration of the labour inspection system in agriculture into a common labour inspection system. The FO-ITEPSA, in its communication of 14 January 2008, challenges the decision to merge the labour inspectorates, considering that this measure represents a severe threat to the survival of the labour inspectorate in agriculture. It indicates that, as a sign of protest, it decided as the principal organization of the labour inspection services in agriculture, and with the support of the federations of agricultural employees of Force Ouvrière and the General Confederation of Labour (CGT), on a collective action to boycott the transmission of the annual activity reports for 2007 to the Ministry of Agriculture and Fisheries. Furthermore, the Secretary-General of the FO-ITEPSA, in his personal capacity, sought an opinion on the matter from the National Labour Inspection Council (CNIT). He provided the Office with a copy of the notification from the CNIT dated 4 July 2008 of the opinion finding his request irreceivable.

In communications dated 28 April and 14 July 2008, the Government provided the Office with information on the reasons for the decision to merge the labour inspection systems beginning in 2009 with a view to their operational merger as of 1 January 2011. It indicated that this decision had been preceded by a trial, under the terms of a circular of the Prime Minister dated 2 January 2006, consisting of bringing together the labour inspection services in agriculture and the Departmental Directorates of Labour, Employment and Vocational Training in 2006 and 2007 in two departments (Dordogne and Pas-de-Calais). According to the Government, the trial was positive and resulted in the development of synergies and complementary action between the inspection services and to improving the transparency and quality of the service provided to users. One of the recommendations made following this trial was to establish an agricultural section in each department. This section would have to be recognized as such by the social partners in the agricultural sector, who would thereby maintain their natural and customary counterpart. It would also allow the central administration to maintain an easily identifiable structure. It is also planned to maintain the general nature of the labour inspectorate in agriculture (with overall competence for action in the fields of individual and collective labour relations, conditions of work, occupational safety and health, and the various types of employment) in compliance with the Convention. The Government gives the assurance that the number of inspections and related measures each year will be at least equal, if not greater than those undertaken in 2006 and 2007. The Government adds that the call for a boycott announced by the union has been raised and that all the services provided their annual activity report to the central labour inspection authority in agriculture. It notes that the arrangements for the merger of the labour inspectorates will require close dialogue with all the trade union organizations.

The Committee notes these clarifications and recalls that the Convention does not impose a single form of organization of the labour inspection system in agriculture. Indeed, Article 7, paragraph 3, provides that labour inspection in agriculture might be carried out for example: (a) by a single labour inspection department responsible for all sectors of economic activity; (b) by a single labour inspection department, which would arrange for internal functional specialization through the appropriate training of inspectors called upon to exercise their functions in agriculture; (c) by a single labour inspection department, which would arrange for internal institutional specialization by creating a technically qualified service, the officers of which would perform their functions in agriculture; or (d) by a specialized agricultural inspection service, the activity of which would be supervised by a central body vested with the same prerogatives in respect of labour inspection in other fields, such as industry, transport and commerce. Remaining attentive to the changes in the organization and functioning of the labour inspectorate as a whole, the Committee would be grateful if the Government would keep the ILO duly informed of the developments occurring in this respect during the period covered by the next report, while at the same time continuing to provide separate information on labour inspection in agriculture, as required by the Convention.

Article 6, paragraph 3. Further duties in addition to those relating to the inspection of conditions of work and the protection of workers. With reference to its comment on the application of Convention No. 81 in relation to the matters raised by other trade union organizations concerning the additional duties entrusted to labour inspectors, the Committee urges the Government to take measures to ensure that labour inspectors in agriculture are not involved in the joint operations undertaken in the workplace under the control of other public authorities in the framework of the policy to combat illegal immigration. It would be grateful if the Government would provide information on these measures and their impact on the volume and quality of enforcement activities in relation to conditions of work in agricultural undertakings.

Support measures by the Government for labour inspectors. The Committee also refers in this regard to its comments under Convention No. 81 concerning the action taken by the Government following the murder in September 2004 of two labour controllers with a view to providing inspection officials with constant logistical and psychological support.