Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 129) sur l'inspection du travail (agriculture), 1969 - Albanie (Ratification: 2007)

Autre commentaire sur C129

Observation

Demande directe

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The Committee notes the Government’s first report received at the ILO on 2 November 2010. Further to the comments made under the Labour Inspection Convention, 1947 (No. 81), the Committee would like to raise the following additional points.

Articles 3–5, 7, 9, 14 and 15 of the Convention. Establishment of a labour inspection system in agriculture. The Government indicates that Convention No. 129 has been implemented only in part because the legal framework is not complete and not specific enough, as the agricultural sector is subject to the same laws and inspection rules as other sectors; the agricultural sector in Albania consists mainly of unregistered individual or family businesses and there are 8,178 registered agricultural undertakings in Albania, most of them consisting of self-employed people; inspection in the agricultural sector involves every type of enterprise and employer; the State Labour Inspectorate does not have the necessary human and logistic resources to effectively carry out its functions in agriculture and does not have any inspectors assigned to agriculture only; inspectors are not trained specifically for the agricultural sector and there are no inspectors specialized in agriculture. The Committee also notes, from the annual report of the labour inspectorate for 2009, that 0.9 per cent of all inspection visits concerned the sectors of agriculture and forestry. Nevertheless, the Committee notes with interest that, according to the Government: (i) given the importance of the agricultural sector in the country, all regional directorates have been asked to provide information about the agricultural undertakings operating in each region and to specify the types of activity they carry out, their location, whether they are registered with the National Registration Centre and the state labour inspectorate and whether they are a family business or employ outside help; (ii) the adoption of legal texts on labour inspection in agriculture might be envisaged in the future; and (iii) the training of labour inspectors in agriculture might be envisaged as a priority.

The Committee recalls its general observation of 2009, according to which statistics of agricultural undertakings liable to inspection and of the number of workers covered are essential, not only in order to ensure the effectiveness of labour inspection activities in agriculture but also in order to make a transparent assessment of the relationship between the activities carried out and the resources available, especially for the development of a human resources policy that takes into account merit and motivation. As indicated in paragraph 175 of the General Survey of 2006 on labour inspection, adequate and up-to-date knowledge of the number and distribution of establishments and undertakings subject to inspection and clearly identified priorities for action are necessary in order to make an appropriate allocation of human resources. In addition, the Committee emphasizes the importance of training of labour inspectors in agriculture – on matters, such as, for instance, the handling of dangerous chemicals – for the effective discharge of their functions. Finally, the Committee emphasizes that transport facilities are especially important in agriculture where undertakings are often geographically dispersed, to enable inspectors to carry out their duties effectively (general survey, op. cit., paragraph 255). The Committee would be grateful if the Government would communicate the results of the information gathered by regional directorates on the agricultural undertakings operating in each region and the measures taken as a follow-up, for instance, in order to establish guidelines and priorities for action, and to communicate any legal texts adopted with a view to strengthening the labour inspection system in agriculture. Furthermore, the Committee would be grateful if the Government would indicate the training activities addressed to labour inspectors on agriculture-related subjects (please specify the subjects, duration, participation and outcomes).

The Committee also requests the Government to indicate any measures taken or envisaged, including through international cooperation, in order to ensure the allocation of sufficient budgetary resources for the recruitment of qualified labour inspectors in sufficient numbers, as well as the provision of appropriate material means, including transport facilities, to enable them to exercise their functions effectively in agriculture.

Articles 6, 19 and 21. Activities of labour inspectors in agriculture in the area of occupational safety and health. The Committee notes that, according to the Government, as agriculture is an important part of the Albanian economy and a high-risk sector from the point of view of occupational safety and health, all regional directorates have been ordered by Order No. 1202 on inspection of agricultural activities to consider inspection of this sector as a priority. However, the report indicates that the state labour inspectorate inspected only 151 agricultural undertakings in 2009 and 59 undertakings during the first half of 2010. During 2009–10, only two cases of occupational accidents were recorded in the agricultural sector. There are no records of any cases of occupational diseases. The Committee would be grateful if the Government would indicate the steps taken to give effect to Order No. 1202 on Inspection of agricultural activities, in particular, the inspection visits carried out in order to secure the enforcement of laws and regulations on occupational safety and health in agriculture and their outcomes, as well as any promotional activities carried out in this regard.

Moreover, further to its comments under Convention No. 81, the Committee would be grateful if the Government would indicate any measures taken or envisaged: (i) to ensure that labour inspection services in agriculture are associated in the preventive control of new plant, materials or substances and new methods of handling products which appear to constitute a threat to health or safety, as provided for in Article 17; and (ii) to improve the system for the recording and notification of occupational accidents and diseases in agriculture (Article 19).

Articles 11–13. Cooperation with experts and public institutions. The Government refers to the adoption of Council of Ministers Decision No. 710 of 25 August 2010 on the cooperation of the state labour inspectorate with state institutions under the Ministry of Agriculture, Food and Consumer Protection. The Committee would be grateful if the Government would describe the nature and results of the cooperation of the state labour inspectorate with the Ministry of Agriculture, Food and Consumer Protection and communicate the Council of Ministers Decision No. 710 of 25 August 2010. The Committee also requests the Government to indicate any measures taken or envisaged in order to: (i) ensure that duly qualified technical experts are associated in the work of labour inspection in agriculture (Article 11); and (ii) promote collaboration between officials of the labour inspectorate in agriculture and employers’ and workers’ organizations (Article 13). With regard to the last point, the Committee draws the Government’s attention to Paragraph 10 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133).

Articles 26 and 27. Publication of an annual report on labour inspection in agriculture. The Committee notes that the 2009 annual report communicated by the Government contains scarce information on the activities of the labour inspectorate in agriculture. The Committee would be grateful if the Government would indicate the measures taken or envisaged in order to ensure the publication by the central inspection authority of an annual report on the work of the inspection services in agriculture, either as a separate report or as part of its general annual report, as required by Article 26. The Committee hopes that such report will contain full and transparent information on all the items listed under Article 27.