Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 129) sur l'inspection du travail (agriculture), 1969 - France (Ratification: 1972)

Autre commentaire sur C129

Observation

Demande directe

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Referring to its previous comments, the Committee notes the information supplied by the Government in its report on the steps taken to ensure the visibility of labour inspection particularly vis-à-vis employers and workers (Articles 7(3) and 13 of the Convention), and on the collaboration of a prevention engineer of the regional directorate for enterprise, competition, consumer affairs, labour and employment (DIECCTE) in Guadeloupe with labour inspection staff, particularly in agriculture (Article 11).

Articles 6(1) and (3), 12 and 22. Additional duties assigned to labour inspectors. Monitoring of illegal employment. In its previous comments, the Committee asked the Government to take steps to limit inspectors’ involvement in joint inspection operations with the police to an extent that is compatible with the objectives of the Convention. The Government indicates in its report that in agriculture joint inspections are far from being systematic operations with the police or gendarmerie and that the main partners in these operations are inspectors from agricultural social mutual funds. Monitoring any employment of undocumented foreigners is certainly not the purpose of the inspection, which is more generally concerned with illegal employment. Moreover, inspectors are mindful of their tasks of providing information and advice, particularly with regard to workers encountered in these circumstances. Accordingly, the inspection staff participating in operations conducted by the immigration police do not focus on any violations connected with illegal residence but on any infringements relating to illegal employment, the responsibility for which rests with the employer, the workers being prejudiced in terms of matters such as social security registration, wages and hours of work. The Committee requests the Government to supply statistical information on cases where the rights of foreign workers in agriculture who have been in an irregular employment situation have been restored, in the context of the application of Act No. 2011-672 of 16 June 2011, which transposes European Union Directive 2009/52/EC of 18 June 2009.

Articles 6(1)(b), 18 and 19. Preventive tasks of the inspectorate in agriculture and notification of occupational accidents and cases of occupational disease. The Committee notes the information supplied by the Government concerning the preventive role of the labour inspectorate in agriculture. It notes the Government’s indication that blatant under-reporting of occupational accidents and cases of occupational disease has been observed in French Guiana and Guadeloupe. The Committee requests the Government to provide information on any measures taken or contemplated to rectify the situation of under-reporting of occupational accidents and cases of occupational disease in French Guiana and Guadeloupe.