Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information supplied by the Government in its report received on 22 September 2009 in reply to its previous comments. Keeping in mind that both the Labour Law and the Law on Safety and Health at Work (OSH Law) apply to the agricultural sector, the former applying to all employees and the latter to all persons working or taking part in the work process and to persons present in the workplace, and referring to its comments under Convention No. 81, the Committee wishes to draw the Government’s attention to the following points.

Article 6(1) and (2) of the Convention. Activities of labour inspectors in agriculture. The Committee recalls from previous comments that the activities of labour inspectors in agriculture mainly concerned OSH and that regular and follow-up inspections in the field of OSH, as well as investigations of industrial accidents conducted in agriculture, only represented 1 per cent of the total number of controls carried out by the labour inspectors. The Committee notes that the Government’s report contains very limited statistical data on labour inspection activities in agriculture in the period 2005–07. It emerges from this information that, following the campaign conducted in 2005 with a view to assessing the situation of agricultural undertakings in relation to OSH issues and to reducing the number of occupational accidents and diseases, there has been a steep reduction in the number of inspections carried out in agriculture, while the number of occupational injuries has increased. Furthermore, the Committee notes that no information is provided on labour inspection activities beyond the area of OSH in agriculture.

Noting that the functions of the labour inspectorate in agriculture are not limited to enforcement of the OSH legislation (the OSH Law) but also include the enforcement of legal provisions and the supply of technical information and advice relating to the conditions of work of agricultural workers under the Labour Law (wages, hours of work, rest periods, employment of young persons, etc.), the Committee once again requests the Government to supply detailed information on activities carried out by labour inspectors to ensure compliance with the legislation relating to general conditions of work and on measures taken to increase their activities in the agricultural sector.

Furthermore, noting that the OSH Law also applies to persons present at the workplace, the Committee would be grateful if the Government would supply examples of any activities of labour inspectors relating to the conditions of life of agricultural workers and their families.

Article 9(3). Training of labour inspectors in agriculture. The Committee notes that the information provided on training of labour inspectors in general, does not include any specific training programme with regard to agriculture. The Committee once again requests the Government to take the necessary measures to ensure that labour inspectors who perform their duties in the agricultural sector receive adequate initial and further training, and to send information on any developments in this regard.

Articles 26(3) and 27. Communication and content of the annual report. The Committee takes due note of the Government’s statement that future annual reports on the labour inspection activities will contain separate data on the agricultural sector. However, no annual reports on the labour inspection activities have been provided for the period covered by the Government’s report. The Committee requests the Government to ensure that a copy of the annual report containing the information listed in Article 27 on labour inspection in agriculture is forwarded regularly as provided for in Article 26(3). With reference also to its 2009 general observation, the Committee would be grateful if the annual report would contain information on agricultural undertakings liable to inspection and the number of workers covered, in conformity with Article 27(c).