Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Supervision and control over the system of labour inspection by a central labour inspection authority. The Committee previously noted the 2012 amendment of Law No. 108/1999 on the organization of the labour inspectorate, as well as Government Decision No. 488/2017 and Government Decision No. 12/2017 regarding the organization and functioning of the labour inspectorate under the Ministry of Labour and Social Justice. It requested information on the impact of this restructuring.

The Committee notes the Government’s information in its report that the Ministry of Labour and Social Justice is the superior body of the labour inspection services. The labour inspectorate performs the function of state authority that provides the exercise of control in the fields of labour relations, occupational safety and health at work and labour market surveillance, and it has 42 territorial labour inspectorates. The Unit for the Food Industry, Agriculture, Public Administration, Education and Culture, under the Directorate of Occupational Safety and Health, coordinates the supervision in agriculture, with four labour inspectors at the central level and between one and three within each territorial labour inspectorate. The Committee notes the information of the Government.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers and their organizations. The Committee previously noted with interest the establishment of tripartite consultative councils at the central and territorial levels of the labour inspectorate in accordance with section 10 of Government Decision No. 488/2017, as well as the conclusion of protocols concluded between the labour inspectorate and employers’ and workers’ organizations.

The Committee notes that the mandate and functioning of tripartite consultation councils is provided for by section 3 of the Regulation of the organization and functioning of the labour inspectorate and section 10 of the Regulation on organization and functioning of territorial labour inspectorates, which were approved by Order of the Minister of Labour and Social Justice No. 1095/2018. According to these provisions, the functioning of the tripartite consultative council at the central level is determined by a decision of the State Inspector General, and at the territorial level by decisions of each territorial chief inspector. The Committee requests the Government to provide further information on the functioning of tripartite consultative councils at both the central and territorial levels, including their composition, the frequency of meetings and subject matters covered at these meetings, and their outcome.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Resources of the labour inspection system and inspection visits, including in the agricultural sector. Following its previous comments, the Committee notes the information provided by the Government that the number of labour inspectors continued to decline from 1621 in 2016 to 1529 in 2018. It notes, however, that the 2019 annual report on labour inspection activities (Annual Report) shows a slight increase in the number of inspectors at 1,536 in total. The information in the 2018 and 2019 Annual Reports also demonstrates an increase in the budget allocated to the labour inspectorate, from 164,218,000 Romanian lei (US$39,281,734) in 2018 to 214,274,000 lei (US$51,255,369) in 2019. Regarding inspection services in agriculture, the Committee notes that, according to the detailed information contained in the Government’s report and the Annual Reports from 2016 to 2018, the number of agriculture undertakings doubled from 25,271 to 51,043. However, the number of agricultural workplaces inspected increased only slightly from 1,987 in 2016 to 2,097 in 2018, and the number of employees in the inspected units rose from 43,170 to 44,272. In addition, the number of inspections carried out at those agricultural workplaces increased from 2,132 in 2016 to 2,223 in 2018. The Committee requests the Government to pursue its efforts to ensure that the number of inspectors is sufficient to secure the effective discharge of their duties, and to provide specific information on its efforts to attract additional inspectors including through adequate remuneration and opportunities for career stability and advancement. The Committee also requests the Government to provide information on the measures it is taking to ensure that the rising number of agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the application of the relevant legal provisions. The Committee finally requests the Government to continue providing statistical information in this regard, including the number of inspectors and inspection visits performed, as well as the number of workers and undertakings liable to inspection.

Articles 13, 17 and 18 of Convention No. 81 and Articles 18, 22, 23 and 24 of Convention No. 129. Prevention and enforcement measures. The Committee previously noted a significant drop in the number of inspectors’ orders in the event of serious or imminent danger to the health or safety of workers and requested information on the reasons behind this decrease.

The Committee notes that, according to the information in the 2018 and 2019 Annual Reports, the number of prohibition orders for the use of work equipment increased from 103 in 2018 to 231 in 2019, while the number of orders for the stoppage of work increased from 120 in 2018 to 227 in 2019. The Committee requests the Government to continue to provide information on the number of orders issued in the event of serious or imminent danger to the health or safety of workers, for the use work equipment and for the stoppage of work.

Articles 14, 21(f) and (g) of Convention No. 81 and Articles 19, 27(f) and (g) of Convention No. 129. Notification of occupational accidents and cases of occupational diseases. Following to its previous comments, the Committee welcomes the detailed statistical information on occupational injuries and diseases in the 2018 Annual Report. The Committee encourages the Government to continue to ensure that the labour inspectorate collects statistical data on occupational accidents and diseases, including in agriculture, and to publish this information in its annual inspection report.

Issues specifically concerning labour inspection in agriculture

Article 9(3) of Convention No. 129. Specific training for labour inspectors in agriculture. The Committee notes the absence of information in the Government’s report in reply to its previous request. The Committee urges the Government to take the necessary measures to provide labour inspectors with specific training on agriculture and related issues upon their entry into service and in the course of employment to enable them to acquire the technical knowledge required for the performance of their duties. It requests the Government to provide information on any developments achieved or difficulties encountered in this respect.