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The Committee notes the Government’s report received in September 2008; its reply to the general observation in 2007 on this Convention and on Convention No. 81 on the necessary cooperation between the labour inspection system and the judicial bodies; the communication of several legal texts already available at the ILO, as well as Decrees Nos 817/04 and 272/06 issuing regulations under certain provisions of Act No. 25.877 of 2 March 2004 on the employment system; and a list of enterprises prosecuted and fined for violations of the labour legislation.
Lack of information on the functioning of the labour inspection services in agriculture. The Committee notes that the above list of enterprises contains no details as to the legal provisions violated by these enterprises, nor the branch of activity to which they belong. The Committee infers that these were proceedings brought against enterprises infringing social security legislation, but the Government has not provided details allowing it to know whether agricultural employers were on this list. The Government refers in its report to labour legislation applicable to the agricultural sector (in particular Act No. 22.248 of 1980, approving the national agricultural employment system), already submitted for examination to the Committee, as well as to other texts that do not specifically apply to labour inspection in agriculture; it also refers to the minimum conditions that must be fulfilled in the context of MERCOSUR for assuming the functions of labour inspector, in relation to the principle of equality between men and women at the recruitment stage. The Government also mentions the National Committee of Agrarian Work (CNTA) and its responsibilities, as well as the existence of a national register of rural workers and employers (RENATRE). However, no information is provided on human resources on the facilities available to labour inspectors to discharge their duties (Articles 14 and 15 of the Convention), concerning the enforcement of legal provisions relating to conditions of work in agricultural undertakings (Articles 6, paragraph 1(a), and 21). There is nothing to indicate that labour inspectors in the agricultural sector receive any specific training in prevention and the enforcement of the legislation covered by the Convention (Articles 9, paragraph 3, and 17). With regard to Article 11 concerning the association of duly qualified technical experts and specialists, the Government confines itself to stating that inspectors are qualified and that they have the necessary knowledge to solve problems of a technical nature that might arise. Furthermore, it would not seem that any provisions have been adopted to give effect to Article 19 on the notification to the labour inspectorate of employment accidents and cases of occupational disease (paragraph 1), or to associate the labour inspection services in agriculture with any inquiry into the causes of the most serious accidents or diseases that have affected a number of workers or had fatal consequences (paragraph 2).
The documents provided on regional cooperation among inspection services in the context of MERCOSUR, examined by the Committee in its comments concerning Convention No. 81, do not contain any information on the extent of this cooperation in relation to labour inspection in agricultural undertakings.
With respect to Article 27 of the Convention concerning the information that should be contained in the annual report on labour inspection in agriculture, the Government refers to a national census carried out in 2002 which identified 335,533 establishments liable to inspection. It states that 1,530 inspections were carried out in 2007, covering 18,848 workers, of which 38 per cent were not registered in the integrated retirement and pension scheme (SIJP), which would seem to infer that all these visits were focused on the situation of employers and workers in relation to their social security obligations. In terms of the statistics on employment accidents and occupational diseases, the Government refers to previous information without any further details. The Committee would like to draw the Government’s attention to the specific characteristics of agricultural work, and particularly the occupational hazards linked to the use of machinery, equipment and the handling or spreading of toxic products and substances, which are faced by the workers concerned, as well as the members of their family living on the undertaking. It is bound to reaffirm the need to provide labour inspection services in agriculture with adequate human resources and means with a view to protecting the population covered by the Convention. It requests the Government to take the necessary measures for this purpose and, in its next report, to provide information that is as detailed as possible on the way in which effect is given in practice to all the above provisions of the Convention, as well as to the relevant national legal provisions to ensure the protection of agricultural workers and members of their family. It would be grateful if the Government would communicate information on these measures and on their results.
Furthermore, the Committee requests the Government to provide details on the action undertaken in the context of MERCOSUR with respect to labour inspection in agriculture.
Also referring to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee notes the information contained in the Government’s report and the attached documents.
Article 6, paragraph 2, of the Convention. Labour inspection and conditions of life of workers and their families. With reference to its previous comments, the Committee requests the Government to indicate whether it is planned for the labour inspectorate to develop new activities in relation to the conditions of life of the family members of agricultural workers, such as activities intended to ensure the school attendance of the children of agricultural workers, raise awareness of the health and safety risks associated with agricultural machinery, chemical substances and the risks of animal bites and stings, and extend sickness and accident insurance to families.
Article 9. Training of labour inspectors in agriculture. The Committee once again draws the Government’s attention to the need to provide labour inspectors in agriculture with specific training to guarantee adequate protection of the large workforce working or living on agricultural undertakings. It requests the Government to take measures to this end and to provide the Office with information on any relevant measures and any difficulties encountered.
Articles 26 and 27. Annual inspection report. With reference to its previous comments, the Committee notes with interest the establishment of the Single Register of Inspections, Infringements and Penalties (RUIIS) in five provincial administrations, as well as the preparation of such a register in five others. It notes that in its plenary meetings the Federal Labour Council is continuing to develop a project for the strengthening of labour services, taking into account disparities in resources and facilities. The Committee requests the Government to take all the necessary measures to prepare an annual inspection report that provides a basis for evaluating the operation of the inspection system in agriculture and determining the resources necessary for its improvement. Emphasizing that such a report has to be published and a copy provided to the ILO, the Committee requests the Government to indicate the measures taken to this end.
The Committee notes the Government’s report and the useful information that it contains in reply to its previous requests. Also referring to its comments on the application of Convention No. 81, the Committee would be grateful if the Government would provide additional information in its next report on the following points.
1. Labour inspection and conditions of life of workers and their families. The Committee notes the legislative provisions relating to housing and nutrition conditions which labour inspectors are responsible for enforcing in agriculture. It requests the Government to indicate whether labour inspectors in agriculture also fulfil advisory or enforcement functions regarding legal provisions relating to other aspects of the conditions of life of workers and their families, in accordance with Article 6, paragraph 2, of the Convention.
2. Training of labour inspectors in agriculture. Please indicate the measures adopted to provide appropriate initial and further training for labour inspectors in agriculture (Article 9, paragraph 3).
3. Conditions of access of labour inspectors to the private homes of agricultural operators. The Committee notes the provisions of section 32 of Act No. 25877 which give effect to Article 16, paragraph 1, of the Convention with regard, in particular, to the power of inspectors to enter freely and without previous notice any workplace liable to inspection. It requests the Government to indicate whether measures have also been adopted or are envisaged to ensure that inspectors can only enter the private home of the operator of an agricultural undertaking with her or his consent or with a special authorization issued by the competent authority, in accordance with Article 16, paragraph 2, of the Convention.
4. Annual report of the labour inspection services in agriculture. The Committee notes the Government’s belief that the forthcoming establishment of the Single Register of Inspections, Infringements and Penalties (RUIIS) should facilitate the preparation of the annual report. It hopes that, in accordance with Article 26 of the Convention, the Integrated Labour and Social Security Inspection System will soon be in a position to publish and transmit to the ILO an annual report on the work of the labour inspection services in agriculture, either in the form of a separate report, or as part of its annual general report, and that this report will cover the subjects set out in Article 27 of the Convention.
The Committee notes the Government’s report, the tables on employment accidents in agriculture and the human and material resources available to inspection services, as well as the annual report for 2000 on the activities of the labour inspectorate and Act No. 25 250 of 11 May 2000 on stable employment. It also notes the information on the economic and social situation of the country provided by the Secretary of Labour of the Ministry of Labour, Employment and Social Security, dated 6 June 2002. As the Government has indicated that replies to its previous comments will be provided subsequently, the Committee hopes that the Government will provide them so that they can be examined at its next session.
The Committee notes the Government’s reports for the period ending May 2000, and the attached documents. It requests the Government to provide additional information on the following points.
Article 6(2) of the Convention. Labour inspection and conditions of life of agricultural workers and their families. The Committee notes that inspectors discharge the same functions in the agricultural sector as in other sectors of the economy and requests the Government to indicate whether they fulfil advisory or enforcement functions regarding legal provisions relating to conditions of life of agricultural workers and their families and, where appropriate, to provide copies of the relevant texts.
Article 8(1). Status and conditions of service of labour inspectors. The Committee notes that the Bill establishing an integrated labour and social security inspection system was adopted by Act No. 25250. It requests the Government to provide a copy of the above Act, as well as information on the measures which have been taken or are envisaged to secure for inspectors a status and conditions of service which are appropriate to their functions, so that they are no longer forced to have recourse to other work to attain appropriate living standards.
Article 8(2). Collaboration of workers’ organizations in labour inspection functions. The Committee notes that, by virtue of Decree No. 1183/93 and Decision No. 1029/96 of the Ministry of Labour and Social Security, trade unions may collaborate in labour inspection functions relating to undeclared work. The Government is requested to continue providing information on the collaboration of trade unions in labour inspection functions and to indicate, where appropriate, any measure which has been taken or is envisaged to expand the scope of this collaboration to other aspects of conditions of work.
Article 9. Training of labour inspectors. The Committee would be grateful if the Government would provide details of the impact on the agricultural sector of the training agreements for inspection personnel concluded under the terms of Decree No. 1183/93 and Decision No. 1029/96 of the Ministry of Labour and Social Security between the State and provincial governments in the fields of inspection techniques and the application of the legislation.
Article 10. Presence of women in the staff of the labour inspectorate. The Committee would be grateful if the Government would indicate the proportion of women in the staff of the labour inspectorate and specify whether special duties are assigned to them.
Articles 14 and 21. Staff, material resources and effectiveness of labour inspection services. The Committee once again requests the Government to provide information on the measures which have been taken or are envisaged to increase the number of qualified labour inspectors in the agricultural sector, taking into account the criteria established by Article 14, with a view to ensuring the frequency and quality of inspections, in accordance with Article 21. The Committee would be grateful if the Government would also provide information on the impact of the decentralization of inspection services on the numbers and distribution of labour inspectors in the agricultural sector, and on the material resources at their disposal.
Article 16(2). Conditions of access of labour inspectors to the private home of agricultural operators. The Committee once again requests the Government to indicate whether, as envisaged by this provision, labour inspectors shall not enter the private home of the operator of an agricultural enterprise except with the consent of the operator or with a special authorization issued by the competent authorities. Please provide copies of the texts giving effect to this provision or, if such a limitation on the right of entry of inspectors is not established, the Government is requested to take measures for this purpose and to keep the ILO informed.
Article 17. Inspection and preventive control. The Committee once again requests the Government to indicate whether, and under what conditions, the legislation provides for the collaboration of inspection services in the preventive control of new plant, new materials or substances or new methods of handling or processing products which appear likely to constitute a threat to health or safety. Where appropriate, please provide copies of any relevant text.
Article 19(2). Notification of occupational accidents and cases of occupational disease. With reference also to its general observation of 1996 under Convention No. 81, the Committee would be grateful if the Government would provide information on the manner in which it is envisaged that labour inspectors shall be notified of occupational accidents and cases of occupational disease and if it would indicate whether labour inspectors are associated with any relevant inquiry.
Articles 26 and 27. Annual inspection reports. The Committee notes that the information contained in the inspection reports received covers various economic sectors, as permitted by Article 26(1), which provides that the annual report due under this Convention may be published as part of the competent authority’s general annual report. The Committee notes that the only statistics concerning the agricultural sector are those of the number of victims of occupational accidents (Article 27(f)). With reference to paragraphs 272 et seq. of its 1985 General Survey on labour inspection concerning the basic objectives of these reports, both at the national level and from the point of view of examining the application of the Convention, the Committee requests the Government to take the appropriate measures to ensure that information and statistics on the agricultural sector are presented in a sufficiently distinct manner. With reference to its general observation of 1999 on the particularly positive role that labour inspection could play in controlling child labour, the Committee hopes that measures will be taken to this end and that information will be provided regularly in the annual inspection report in this connection.
The Committee notes from the Government's report that a Federal Council of Provincial Labour Administrations has been set up and that the provinces which compose it have signed the protocols by which the Central Ministry of Labour and Social Security transferred to them some of its functions. Only where no protocol has been signed, do the labour inspection duties remain the responsibility of the regional offices of the said Ministry. The Committee notes also the information provided concerning the activities of the inspection teams.
Article 8, paragraph 1, of the Convention. The Committee takes note of the information provided by the Government that insufficient remuneration and the lack of other incentives constitute limitations in the engagement of public officials while those already engaged are often obliged to have a second employment in order to subsist. It also notes that the provincial bodies are too dependent of local political changes which would constitute serious obstacles to the labour inspection. Please indicate the measures taken or envisaged to ensure that the status and conditions of service of labour inspectors are adequate so as not to necessitate a second employment, that of their stability of employment and their independence from changes of government and improper external influences are ensured.
Article 9. The Committee takes note of the information regarding the insufficient qualifications of the labour inspection staff in agriculture. It hopes the Government will be able to indicate in its next reports the measures taken or envisaged by the provincial authorities as well as the Ministry of Labour and Social Security to ensure that labour inspectors in agriculture are recruited with sole regard to their qualifications for the performance of their duties (paragraph 1) and that they are adequately trained and receive further training in course of their employment (paragraph 3). Please indicate also the means used both at central and provincial levels to ascertain such qualifications (paragraph 2).
Articles 14 and 21. The Committee notes that, following the decentralization of the labour inspection system, the Government does not have sufficient information as to the functioning of the provincial labour inspection services. Nevertheless, the Government states that the situation has not changed concerning the difficulties encountered by these services in inspecting agricultural undertakings as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions. It also mentions the limitations arising from the insufficiency of the staff and the lack of material means. Please indicate the measures taken or envisaged to remedy this situation.
Article 15. See comments under Article 11 of Convention No. 81, as follows:
Articles 11, paragraphs 1(b) and 2, and 16. Further to its previous comment, the Committee urges the Government to provide an appreciation of the manner in which this aspect of the Convention is applied, having regard to the need for adequate transport facilities for inspectors in order to meet the requirements in Article 16 that workplaces be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.
Article 16. The Committee takes note of the Government's reply to its previous comments which refers to section 18 of the national Constitution and section 225 of the Criminal Procedure Code. It notes however that these provisions do not prohibit labour inspectors from entering the private home of an operator of an undertaking in pursuance of subparagraphs (a) and (b) of paragraph 1 of this Article, in the event the operator does not give his consent or the competent authority does not issue a special authorization as required by paragraph 2 of this Article. Please indicate the measures taken or envisaged to ensure the application of this Article.
Article 17. The Committee notes the Government's reply to its previous comments referring to certain legal texts. It notes, however, that none of these texts provides specifically for the labour inspection services in agriculture to be associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. Please supply further information and any relevant laws or regulations regarding the cases and conditions under which the labour inspection services in agriculture are associated in such preventive control.
Article 19, paragraph 2. The Committee notes that the Government's reply to its previous comment does not contain information on the participation of inspectors in inquires into the causes of the most serious occupational accidents or occupational diseases, particularly of those which affect a number of workers or have fatal consequences. Please provide such information with the next report.
Article 26. See observation under Article 20 of Convention No. 81.
Article 27. The Committee notes the information provided by the Government in its report concerning the information required by subparagraph (a) of this Article. It wishes to point out that this information, along with the information required under subparagraphs (b) to (g) of this Article, should be included in the annual report required under Article 26.
The Committee notes the information supplied by the Government concerning its previous comments on Article 6, paragraph 2, Article 12, paragraph 2, and Article 18, paragraph 4, of the Convention. The Committee requests the Government to supply further information on the following points:
Articles 14 and 21. See comments under Articles 10 and 16 of Convention No. 81, as follows:
Articles 10 and 16. Further to its previous comment, the Committee notes that from the statistics provided it appears that the number of inspectors has dropped considerably since the Government indicated in 1988 in its report on Convention No. 129 that there were 212 nationally plus others in the regions. It would be grateful if the Government would clarify by providing the information requested in the report form relating to these Articles.
Article 11, paragraphs 1(b) and 2. Further to its previous comment, the Committee notes the information provided. It would be grateful if the Government would provide an appreciation of the manner in which this aspect of the Convention is applied, having regard to the need for adequate transport facilities for inspectors in order to meet the requirement in Article 16 that workplaces be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. Also, please provide copies of regulations authorising the arrangements made for transport facilities such as reimbursement to inspectors for the cost of transport.
Article 16, paragraph 2. In its report, the Government did not indicate the legal provisions which prohibit labour inspectors from entering the private home of the operator of an agricultural undertaking except with the consent of the operator or with a special authorisation issued by the competent authority. Please supply this information.
Article 17. The Committee once again requests the Government to indicate the measures and legal provisions adopted to give effect to the preventive functions set out in this Article.
Article 19, paragraph 2. The Committee once again requests the Government to supply information, if it is available, on the participation of inspectors in inquiries into the causes of work-related accidents and into the most serious cases of occupational diseases.
Articles 26 and 27. See comments under Articles 20 and 21 of Convention No. 81, as follows:
Articles 20 and 21. The Committee notes that no annual report on the activities of the inspection services has been received by the ILO since that for 1984, produced following a direct contacts mission. The Committee also notes that further technical cooperation has been provided by the ILO in relation to labour inspection. In its comments, the Committee has for years expressed its hope that certain reorganisations and legislative initiatives would remedy the difficulty posed by the conduct of some inspections by provincial authorities and make possible publication of the necessary annual report by the federal authorities. In the absence of the practical information called for by the Convention, it is impossible to evaluate the application of the Convention or to determine what further measures need to be taken in order to ensure that workplaces are inspected as often and as thoroughly as necessary in compliance with Article 16. The Committee would be grateful if the Government would indicate the measures proposed in this regard.
The Committee takes note of the information supplied by the Government in its first report on the application of the Convention. It would be grateful if the Government would provide additional information on the following points:
Article 6, paragraph 2, of the Convention. Please indicate which, if any, of the functions referred to in this provision are conferred on labour inspectors in agriculture, and the manner in which they are exercised in practice.
Article 12, paragraph 2. In so far as recourse is had to the possibility provided by this provision, please indicate the government services or institutions to which certain inspection duties have been entrusted, the nature of these duties, the manner in which they are carried out, and whether they are subject to supervision by the central authority.
Articles 14 and 21. The Committee notes from the Government's report that, owing to the limited number of inspectors, agricultural undertakings cannot be visited as frequently as necessary. While noting the difficulties facing the Government in the present economic situation, the Committee expresses the hope that the Government will be able to increase the number of inspectors and to take appropriate steps to ensure that all agricultural undertakings are inspected regularly.
Article 16, paragraph 2. Please indicate the legal provisions that prohibit inspectors from entering the private homes of operators of agricultural undertakings, except with the consent of the operators or with a special authorisation issued by the competent authority.
Article 17. Please indicate in which cases and under what conditions the labour inspection services are associated in the preventive control provided for by this Article.
Article 18, paragraph 4. Please indicate the provisions under which the defects noted by inspectors when visiting an undertaking and the orders made, must immediately be made known to the employer and the representatives of the workers.
Article 19, paragraph 2. Please indicate whether, and in what circumstances, inspectors are associated with inquiries on the spot into the causes of the most serious occupational accidents or occupational diseases.
Articles 26 and 27. Please provide the annual report on the work of the inspection services in agriculture, unless the relevant information is included in the general annual report on the work of the inspection services (Article 20 of Convention No. 81).