Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Poland (Ratification: 1995)

The Committee notes the Government’s reports. It requests the Government to provide further information on the following points.

Article 1, paragraph 2, of the Convention.  Please indicate whether any decisions have been taken pursuant to paragraph 2 and, if so, describe the procedure followed for consultation with the most representative organizations of employers and workers.

Article 1, paragraph 3.  Please indicate whether, and in what cases, this provision of the Convention is applied.

Article 2.  Please indicate whether arbitration awards and collective agreements upon which the force of law is conferred are enforceable by labour inspectors.

Articles 7 and 8.  The Committee notes that the State Labour Inspection is subordinated to the Sejm (Lower Chamber of the Parliament) and the supervision over the State Labour Inspection on behalf of the Sejm is exercised within the scope determined by law by the Labour Protection Council. Referring also to its 1999 comment on Articles 4 and 6 of Convention No. 81, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that labour inspection staff are assured of stability of employment and are independent of improper external influences.

Article 11.  Please indicate whether technical experts and specialists who are not members of the inspection staff are associated in the work of the labour inspection and, if so, what are the forms of such association.

Article 12, paragraph 2.  Please indicate whether recourse has been had to the possibility provided for in this paragraph and, if so, what are the government services or institutions to which certain inspection duties have been entrusted, the nature of these duties, the manner in which they are carried out, and whether these inspection activities are subject to supervision by the central authority.

Article 18, paragraph 4.  Please indicate the specific provisions of the national legislation requiring that the defects noted by the inspector when visiting an undertaking and the orders he makes or has made or for which he intends to apply are immediately made known to the representatives of the workers.

Article 19, paragraph 2.  Please indicate whether labour inspectors are associated with inquiries on the spot into the causes of occupational accidents or diseases.

Article 20(b) and (c).  The Committee asks the Government to indicate whether the Act on the State Labour Inspection has been amended to give effect to these provisions.

Article 24.  Please indicate specific penalties prescribed by the Code of Petty Offences and the Penal Code for violation of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties.

Article 27.  Please clarify whether the annual reports contain statistics of occupational accidents and diseases, including their causes.

Part III of the report form.  The Committee asks the Government to indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

Part IV of the report form.  Please give a general appreciation of the manner in which the Convention is applied.

The Committee also asks the Government to provide copies of the following documents:

-  the latest annual report on the activities of the State Labour Inspection;

-  the Act concerning the Social Labour Inspection; and

-  resolution No. 123 of the Council of Ministers concerning receipt, examination and settlement of complaints, dated 28 November 1980 (as amended).