Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 81) sur l'inspection du travail, 1947 - Lettonie (Ratification: 1994)

Autre commentaire sur C081

Observation

Demande directe

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Articles 3(1) and (2) of the Convention. Principal functions of labour inspectors. The Committee notes the information in the Government’s report that, when cases of unauthorised employment are detected, the State Labour Inspectorate (SLI) imposes sanctions on employers, pursuant to sections 41 and 159 of the Latvian Administrative Violations Code. The Committee also notes the statement in the annual report of the SLI of 2012 (submitted with the Government’s report) that reducing unregistered employment remains a priority for the labour inspectorate. In 2012, 3034 inspections were undertaken in this regard and 3002 unregistered employees were detected. Following these inspections, written employment contracts were signed with 481 workers and these persons were registered with the State Revenue Service as employees. Recalling that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers if it is to be compatible with the objective of labour inspection (paragraph 78 of the 2006 General Survey on labour inspection), the Committee asks that the Government provide information on action undertaken by the labour inspectorate and the judicial authorities to ensure the enforcement of employers’ obligations with regard to the statutory rights of the unregistered workers whose status was not regularized.

Articles 3(1)(b), 13(2)(b) and 14. Notification of industrial accidents and cases of occupational disease and measures with immediate executory force. The Committee notes with interest that, pursuant to section 42 of Cabinet Regulation No. 950 on Procedures for Investigation and Registration of Work Accidents, all employers shall submit an accident report to the SLI for registration which will then be registered in an integrated information system on all occupational accidents in the country. It also notes the detailed information in the Government’s report regarding the circumstances under which the SLI will investigate an occupational accident. Following this investigation the SLI will, as necessary, impose administrative sanctions or issue an order to remedy the violation. With respect to occupational diseases, the Government refers to Cabinet Regulation No. 908, entitled Procedures for Investigation and Recording of Occupational Diseases (and detailed information on the follow-up undertaken). It indicates that, following medical examination by the occupational physician, and examination by the physicians’ commission, which can include an investigation of the conditions of the workplace by the labour inspection, the physicians’ commission for examining health and work capacity will transmit the report on an occupational disease case to the SLI. On this basis, the SLI will make recommendations to the employer regarding risk factors within the working environment which caused the occupational disease. The Government also indicates that the SLI undertook thematic inspections at workplaces where occupational diseases had previously been diagnosed among workers, and examined the actions taken by the employer pursuant to the recommendations made by the SLI. The Committee asks that the Government continue to provide information on the preventive activities carried out by the SLI in the area of occupational safety and health, including measures with immediate effect ordered in cases of imminent danger to the health or safety of the workers (Article 13(2)(b) of the Convention).

Article 5(a). Effective cooperation between the labour inspection and other institutions. 1. Cooperation with the judiciary. The Committee notes the Government’s indication that, in 2012, judges of the Administrative District Court and inspectors attended a seminar, where inspectors were informed of the current case law with respect to inspections. The Government also indicates that amendments to the Criminal Law of 2013 included sanctions of imprisonment for violations of some labour protection provisions. The Committee asks that the Government provide further information on the manner in which effective cooperation between the labour inspection services and the justice system is ensured. The Committee also asks that the Government take measures to ensure that information related to any judicial proceedings on the application of legal provisions relating to conditions of work and the protection of workers is included in the annual labour inspection report in the future.

2. Cooperation with other government bodies and public institutions. The Committee welcomes the information in the Government’s report detailing the initiatives undertaken within the framework of the project “Improvement of the Information System of the State Labour Inspectorate and Introduction of E Services”. Among other measures, an information system for the SLI has been established, which has been integrated with the register on the population, the information system of the State revenue service and registers, and information systems of other public administration authorities. The Government indicates that this inter-institutional system provides an effective information base for supervision and control of labour protection and legal employment relations, and contributes to the efficiency of the SLI. The Committee encourages the Government to pursue its cooperation with other government bodies and public institutions with a view to securing the effective discharge of the duties of the inspectorate, and to continue to provide information on the impact of the measures taken in this regard.

Article 6. Status of the labour inspection staff. The Committee notes the Government’s statement that although the remuneration of inspectors has been increased several times since its last report, the SLI experiences high staff turnover. The Government indicates that the most frequently mentioned reason for the staff turnover is the low remuneration and the availability of higher paid positions with other authorities and in the private sector. Noting the Government’s indication regarding budgetary constraints, the Committee asks that the Government pursue its efforts to reduce staff turnover, by ensuring that the status and conditions of service of labour inspectors (including remuneration commensurate with their responsibilities) are appropriate for the effective performance of their duties. It encourages the Government to ensure the allocation of appropriate resources to the labour inspection system to this end.