Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 81) sur l'inspection du travail, 1947 - Suisse (Ratification: 1949)

Autre commentaire sur C081

Observation

Demande directe

Réponses reçues aux questions soulevées dans une demande directe qui ne donnent pas lieu à d’autres commentaires

2011

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Article 3(1)(a) and (b) of the Convention. Labour inspection activities in the area of working-time requirements. The Committee notes that, in reply to its previous request concerning labour inspection activities in the area of working-time, the Government indicates in its report that: (i) a study on the effectiveness of the priority action on psychosocial occupational risks led between 2014 and 2018 by the State Secretariat for Economic Affairs (SECO) and the Intercantonal Association for the Protection of Workers demonstrates that the engagement of cantonal labour inspectors, who were offered awareness-raising and training in this area, had a positive impact on the implementation of preventive measures, and reveals that employers are open to investing in such measures; (ii) the knowledge acquired in the context of this priority action continues to be applied during cantonal labour inspections; and (iii) the SECO continues to offer various training sessions in which cantonal labour inspectors are trained in working and rest time.

Article 3(2). Additional functions of labour inspectors. Functions entrusted to labour inspectors related to migration. Rights of foreign workers from their past work relationship. The Committee previously noted that, pursuant to the Act on undeclared work (LTN), the cantonal supervisory bodies responsible for the enforcement of the LTN verify whether employers and workers are complying with their notification and permit requirements in accordance with the legislation on foreign nationals, and collaborate, inter alia, with the labour inspectorate and the police. It also noted that, in certain cantons, no separate cantonal supervisory body had been established to supervise the application of the LTN, but that the cantonal labour inspectorates were responsible for the application of the LTN.The Committee therefore requested the Government to take measures to ensure that the functions assigned to labour inspectors do not interfere with their main objective to ensure the protection of workers. The Committee notes the Government’s indication in its report that in the area of labour inspection, two types of inspectors are deployed: (i) labour market inspectors, who monitor the lawful implementation of the Act on Posted Workers and the LTN; and (ii) cantonal labour inspectors, who are responsible for enforcing labour law in all enterprises (except federal enterprises) as well as the guidelines on prevention under the Act on accident insurance in service enterprises. The Government further states that: (i) enforcement of labour law, including by labour inspectors, is incumbent on the cantons; (ii) in the fight against undeclared work, the cantons have considerable leeway in the organization of their cantonal supervisory bodies; most cantons have set up the supervisory body within the cantonal labour market authority; and (iii) some cantons have delegated tasks specific to the enforcement of the LTN to joint committees or monitoring associations, which also carry out support measures for the free movement of persons and, in particular, monitor compliance with the minimum conditions for wages and work in the country. The Committee also notes Annex 2 to the 2019 report on the implementation of the LTN, containing a brief description of the configuration of the relevant cantonal bodies. Lastly, with regard to respect of the rights of foreign workers liable to expulsion or already expelled, the Committee notes the Government’s indication that the SECO is not aware of any actions by trade unions or judgments under section 15 of the LTN (concerning the representation of foreign workers after they have left the country). The Committee notes that, according to the information included in the report on the implementation of the LTN in 2019, concerning breaches of the obligations of notification and permit requirements in accordance with the legislation on foreign nationals, in addition to 962 employers, 820 workers were sanctioned by the authorities competent in matters relating to the legislation on foreign nationals. The Committee requests the Government to provide specific information on the number of cantons in which the application of the provisions concerning the obligations of notification and permit requirements in accordance with the LTN are enforced by the same inspection body responsible for supervising the implementation of the labour law. It also requests the Government to provide further information on the inspection activities in the cantons in question (cantonal legislation, including guidelines concerning the prerogatives of inspectors relating to the monitoring of undeclared work, and inspectors’ operational procedures). In this regard, the Committee requests the Government to take the necessary measures to ensure that, in these cantons, the supervisory functions assigned to labour inspectors do not interfere with their main objective to ensure the protection of workers in accordance with Article 3 of the Convention.