Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the Government’s detailed report in reply to its previous comments, the attached documentation and the detailed statistics on the activities carried out in 2006 and 2007 by the labour inspectors responsible for labour relations and those responsible for occupational safety and health (OSH).

Article 3, paragraph 1(a) and (b), of the Convention. Technical information and advice to employers in the area of occupational safety and health. The Committee notes with interest the launching by the labour inspectorate of an initiative by the Ministry of Economy, Labour and Entrepreneurship to create a more efficient system for monitoring OSH, including the assessment of the costs of investment in the safety and health of workers and the costs of non-application of safety and health requirements. The Committee would be grateful if the Government would provide details on the impact of this initiative on industrial and commercial workplaces. It would welcome in particular information on the role entrusted to labour inspectors to implement such an initiative, the methodology applied and the results achieved with regard to the observance by employers of safety and health requirements.

Article 3, paragraph 2. Inspection of conditions of work and illegal employment. According to the Government, pursuant to an amendment of the State Inspectorate Act in 2005, labour inspectors have been entrusted with the power to order a suspension of business activities for a period of 30 days, when infringements linked to the employment of foreigners without a work permit or to work that is not declared to the pension and health insurance authorities are discovered during an inspection visit. The statistics on the results of inspections provided by the Government show that illegal employment is one of the most common violations found by labour inspectors and that around half of the reported cases of illegal employment concern foreigners working without a permit. Referring to its General Survey of 2006 on labour inspection (paragraphs 75–78), the Committee wishes to recall that, to be compatible with the protective function of labour inspection, the verification of the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers without consideration as to the regularity of the employment relationship. The Committee requests the Government to indicate the manner in which it is ensured that, firstly, labour inspection controls targeting illegal employment do not jeopardize the inspection of conditions of work (wages, working hours, leave, OSH, etc.), and secondly, that workers illegally employed can recover the rights resulting from their labour relationship, such as the payment of their wages and any other benefits to which they are entitled, and that employers are adequately sanctioned.

Article 5(a). Effective cooperation between the inspection services and other government services and public institutions. According to the Government it is necessary to develop electronic networks with other bodies, such as the bodies responsible for keeping registers of companies, occupational accidents and diseases, and the courts. The Committee would be grateful if the Government would keep the ILO informed of any measure undertaken to facilitate the access of the labour inspection services to the information necessary for the efficient operation of the labour inspection system.

Articles 6, 10, 11 and 16. Strengthening the staff and material resources of the labour inspectorate. In its previous comments, the Committee pointed out the insufficient number of labour inspectors and the need for more investment in logistical resources. This issue was also raised in the Government’s previous report and in several annual reports of the labour inspectorate. The Committee notes with interest that, as a result of the amendment of the Regulation on the internal organization of the State inspectorate in 2007 and the adoption in 2008, of the Ordinance on the internal organization of the state inspectorate which laid down the legal conditions for an increase in staff numbers, the state inspectorate issued a vacancy announcement in May 2008 for the recruitment of 65 inspectors (34 responsible for labour relations and 31 for OSH).

The Committee also notes with interest that significant financial resources have been allocated to better equip labour inspectors with computers, office furniture, communication devices and new vehicles and that, as a result, their conditions of work and their mobility have been significantly improved.

Further, the Committee notes that, under article 139(1) of the Civil Servants Act (2005), the classification of posts and salaries of government employees is governed by a directive issued by the Government.

The Committee would be grateful if the Government would provide information on the impact of all these measures on the volume and quality of labour inspection activities, as well as information on any developments in terms of the staff and financial resources of the labour inspectorate. It asks the Government to provide a copy of the directive provided for in article 139(1) of the Civil Servants Act.

Article 12, paragraph 1(b). The right of access of inspectors to certain types of workplaces. In its previous comments, the Committee requested the Government to indicate how it is ensured that labour inspectors are empowered to carry out inspections and investigations in workplaces and premises which have not been registered as such. The Government provides information in its report on the scope of section 31(1) and (2) of the State Inspectorate Act, under the terms of which labour inspectors are authorized to enter freely any premises and buildings where commercial or industrial activities are performed by workers, whether such places are registered as workplaces or not. The Committee would be grateful if the Government would confirm this understanding of the scope of the abovementioned provisions of the State Inspectorate Act in relation to the right of entry of labour inspectors. Moreover, it asks the Government to indicate the legal provisions relating to the period of time during which inspection visits can be carried out in both registered and non-registered workplaces.

Articles 14 and 21(f) and (g). Notification of industrial accidents and cases of occupational disease. The Committee notes that, since 1 January 2008, pursuant to the provisions of the Occupational Safety and Health Insurance Act (OG 85/06), industrial accidents and cases of occupational disease shall be reported by the employer to a new institution: the Croatian Institute for Occupational Safety and Health Insurance. It also notes that the Government needs time to be in position to provide information on the operation of this body. The Committee would be grateful if the Government would provide information on the operation of the newly established Croatian Institute for Occupational Safety and Health Insurance and describe the mechanism established to ensure that the labour inspectorate is notified of industrial accidents and cases of occupational disease. It also requests the Government to communicate details on the work of this mechanism in practice and on the measures taken to ensure that relevant statistics are included in the annual labour inspection report.

Articles 17 and 18. Institution of legal proceedings and enforcement of adequate penalties. The Committee notes the Government’s concern with regard to the high rate (58 per cent) of cases in which the proceedings initiated by labour inspectors were declared inadmissible by the misdemeanour courts due to the expiry of the time limits. The Committee is bound to emphasize the need to take measures to ensure that cases referred to the judicial authorities by labour inspectors are dealt with in a timely manner to avoid the impunity of those committing violations and to ensure effective enforcement of workers’ rights. The proper implementation of such measures is of crucial importance for the credibility and the effectiveness of the labour inspection system itself. The Committee further notes the Government’s indication that the State inspectorate is not satisfied with the penalties imposed by the courts, especially with regard to the amount of the fines imposed on employers. Drawing the Government’s attention to its 2007 general observation, the Committee requests it to make use of the guidance provided for the development of effective cooperation between the labour inspectorate and the justice system, and to indicate any measures undertaken in this respect and the progress achieved or difficulties encountered.

In addition, with reference to its previous comments, the Committee once again urges the Government to ensure that legal provisions establishing adequate penalties in the case of violations of section 89 of the Labour Act concerning equal remuneration are adopted and are effectively enforced. It asks the Government to indicate any progress made in this regard.

Articles 20 and 21. Annual report on the work of the labour inspection services. The Committee notes the detailed statistical data on the activities of labour inspectors contained in the annual reports for 2006 and 2007. It further notes with interest that an e-register is currently being developed to enable the labour inspectorate to process and publish data on labour inspection disaggregated by economic activity. The Committee would be grateful if the Government would provide information on the progress made in relation to this project. It would also be grateful if the Government would keep the ILO informed of any opinion expressed by employers’ or workers’ organizations on the work of the labour inspection system.