Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report for the period ending 31 May 2006 replying to its previous comments and the information on the recent legislative measures, as well as the tables on the labour inspectorate’s activities and findings in 2004, presented separately for the various sectors of activity and according to the size of the enterprise.

1. Article 6, paragraphs 1(a) and (b) and 2, of the Convention. Census of agricultural and horticultural workers and targeting of inspection actions. The Committee notes with interest that horticultural employers are now required to submit an immediate notification of employment for casual workers, who make up a major category of the workforce in this sector. The explanations provided by the Government show that the objective of the immediate notification of employment (DIMONA) is for an electronic link to be developed with the authorities, which should lighten the administrative workload, identify workers accurately and quickly and establish a clear link between the worker and the employer. As well as enabling the employer to view the result of its declaration on the social security web portal and to consult its specific electronic staff file in the register of the National Social Security Office, the implementation of the new legislation offers the labour inspectorate a means of effective supervision of compliance with the legal provisions on the daily hours of work of each casual worker engaged and the corresponding social security contributions. From the Committee’s point of view, the continuous updating of the casual workforce register should also facilitate the identification of enterprises and activities requiring specific action by the inspectorate, either for information purposes, particularly with regard to occupational health and safety, or with a view to supervising the application of the legislation on general conditions of work and the accommodation conditions of the workers concerned. The Committee would be grateful if the Government would provide specific information on the progress achieved in this area since the entry into force of the Royal Order of 14 October 2005.

2. Article 6, paragraph 3. Compatibility of certain additional duties entrusted to inspectors in relation to the primary duties defined by the Convention. The Committee notes with interest the statistics provided by the Government on the supervision carried out by the inspection services responsible for social law, presented by type of investigation. It notes that such investigations are conducted either in response to complaints and requests (from workers, employers or their organizations or third parties, including requests for information made by other public services) or by order of the Government, the Minister, the central administration of the Social Law Supervision Service, the Social Inspector Head of Directorate or at the initiative of the technical expert him or herself. The Government indicates that, from June 2004 to May 2006, out of the 2,565 investigations in agricultural and horticultural enterprises, 1,300 were conducted in the context of combating illegal employment. The Committee would be grateful if the Government would indicate the manner in which it is ensured that supervision targeting this violation does not compromise the effectiveness and scope of the supervision carried out by inspectors of the provisions relating to the working and living conditions of illegal workers. It would be grateful if the Government would also indicate the consequences of the operations to control illegal work in terms of penalties imposed on employers who have committed a violation and in terms of protection of the workers concerned.