Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Portugal (Ratification: 1983)

Further to its previous comments, the Committee notes the information supplied in the Government's report and, particularly, Legislative Decrees Nos. 219/93 and 441/91. It requests the Government to supply additional information on the following points:

Article 17 of the Convention. The Committee notes that Legislative Decree No. 441/91 also applies to the agricultural sector, but that it does not specifically provide that the labour inspection services in agriculture shall be associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. Furthermore, the Committee notes the information that a working group has been established to prepare the regulations provided for in section 23 of the above Legislative Decree. Nevertheless, it notes that the application of this provision of the Convention is not included among the matters which are to be given priority in regulations. It hopes that the Government will nevertheless supply information on the cases and conditions under which the labour inspection services are so associated as provided for in this Article of the Convention. In this respect, the Committee notes the comments made by the General Confederation of Portuguese Workers concerning the absence of the preventive control by the labour inspection services of the plant, materials and substances set out above.

Article 18. The Committee notes that the national legislation does not provide for defects observed, measures ordered or requested by labour inspectors to be immediately made known to the representatives of the workers but that, according to the Government, this is the practice of the labour inspection services in accordance with the instructions received by inspectors, which have been strengthened in the light of section 12(2) of Legislative Decree No. 219/93. The Committee also notes the comments made by the above Confederation to the effect that, in practice, the representatives of the workers are not informed of the defects or faults observed by inspectors, as required by paragraph 4 of this Article. The Committee requests the Government to supply details on this point.

Article 19. This matter is dealt with under Article 14 of Convention No. 81.

Article 26, paragraph 1. The Committee notes the information that the attention of the labour inspection services has been drawn to the need to distinguish, in their annual reports, between information concerning agriculture and other sectors. Furthermore, it notes the comment of the above Confederation that it is not kept informed about annual labour inspection reports and that it would be essential for it to have access to them. Please indicate any additional measure taken in this respect to give full effect to the Convention.