Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

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 refers the Government to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they are also concerned with the application of the present Convention.

Articles 3–5, 7, 9, 14 and 15 of the Convention. Establishment of a labour inspection system in agriculture. The Committee notes that the Government repeats the information on the situation in the agricultural sector, already provided previously with regard to: (i) the absence of specific legislation, which might however be envisaged in the future; (ii) the makeup of the agricultural sector mainly by unregistered individual or family businesses; (iii) the coverage of labour inspection of all agricultural enterprises irrespective of their respective types; (iv) the absence of inspectors specialized in agriculture; and (v) the absence of the required human and logistic resources. With regard to the training provided to labour inspectors on agriculture-related subjects, the Committee understands from the information in the Government’s report that two French labour experts in agriculture provided assistance and training to labour inspectors in the regional directorates of Durres and Elbasan during inspection visits in agricultural undertakings. However, the Committee also notes that the Government has not provided the requested information in relation to the outcome of the survey in the regional directorates, referred to in its last report, on the situation of agricultural enterprises in the country, and the Government’s statement that the agricultural sector has not been fully organized and consolidated yet.

The Committee further notes in this regard that: (i) one of the priorities of the EU IPA 2010 Project on Human Resources Development in Albania, funded by the European Union and implemented by the ILO, is the development of a human strategy for labour inspection; (ii) and that another priority is the capacity improvement of the State Labour Inspectorate (SLI) staff through training and other tools; as well as that (iii) according to the information provided under Convention No. 81, the current structure of the Ministry of Labour, Social Affairs and Equal Opportunities (MLSAEO), which is based on 12 regional directorates and one local office, will be further expanded to 24 offices covering the areas where the presence of the SLI is needed.

The Committee once again refers to 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 once again requests the Government to 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 requests the Government to indicate the training activities addressed to labour inspectors on agriculture-related subjects (please specify the subjects, duration, participation and outcomes).

The Committee also once again requests the Government to indicate any measures taken or envisaged, including in the framework of the EU IPA 2010 Project and the current labour inspection reform referred to in the Government’s report under Convention No. 81, 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. Please provide any progress made in this regard, including information on the equipment with human and material resources of the newly created regional offices, and how their creation has impacted the work of the labour inspection services in agriculture.

Articles 6, 19 and 21. Activities of labour inspectors in agriculture in the area of occupational safety and health (OSH). The Committee previously noted the Government’s indication that, as agriculture is an important part of the Albanian economy and a high-risk sector from the point of view of OSH, all regional directorates have been ordered by Order No. 1202 on inspection of agricultural activities to consider inspection of this sector as a priority (during the summer season).

While the Government has not provided the requested information under these Articles, it however notes from the annual report of the labour inspectorate for 2010, that only 1.12 per cent of all inspection visits concerned the sectors of agriculture and forestry (166 out of a total of 14,771 inspections). Furthermore, according to the labour inspection reports for 2011 and 2012, those numbers are respectively 0.97 per cent (127 out of a total of 14,028 inspections), and 0.8 per cent (for the months of January to September 2012). While only two cases of occupational accidents were recorded in the agricultural sector in 2010, statistics on occupational accidents and diseases in agriculture are unavailable in the agricultural sector for 2011 and 2012. The Committee once again requests the Government to 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 OSH 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 requests the Government once again to 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 Committee notes the Government’s indications according to which cooperation in the framework of the 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 (MAFC) is currently performed at the central level, where the SLI participated in several working groups to regulate chemical substances, etc. It further notes that joint inspection visits with the MAFC are envisaged at a later stage, once inspection procedures in agriculture have been approved, which are currently being drafted. The Committee would be grateful if the Government would continue to provide information on the cooperation of the SLI with the MAFC (including on the number and content of any joint workshops held during the reporting period and the nature, extent and frequency of any joint inspection visits between these two bodies). It once again asks the Government to communicate the Council of Ministers Decision No. 710 of 25 August 2010.

The Committee also once again 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 2010 annual report communicated by the Government, as well as the 2011 and 2012 labour inspection reports published on the official website of the State Labour Inspectorate (www.sli.gov.al) still contain only scarce information on the activities of the labour inspectorate in agriculture. The Committee noted, in its direct request under Convention No. 81, that a so-called “e-inspection” platform is currently being developed, which should enable the exchange of data by the different labour inspection services. The Committee requests the Government to provide information on the progress made with the collection of data in the agricultural sector, including the information gathered through the abovementioned survey in regional directorates on the agricultural undertakings operating in each region and, if applicable the introduction of the “e-inspection” platform referred to above.

It also requests the Government to indicate any other 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. It requests the Government to provide information on the progress made in this regard with its next report.