Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Finland (Ratification: 1974)

The Committee notes the Government’s report, the information in reply to its previous comments and the views expressed by the Central Organization of Finnish Trade Unions (SAK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA) with regard to changes in the inspection system in agriculture.

1. Changes in inspection coverage in the agricultural sector. The Committee notes the explanations supplied by the Government which states that the constant reduction over the last ten years in inspections of agricultural undertakings is the result of the proportional reduction in the number of agricultural undertakings in operation. The Committee also notes with interest the concurrent views of the SAK and AKAVA regarding the frequency of inspections in agricultural enterprises employing foreign workers for the harvesting of berries. However, it notes that, according to these organizations, even in the most common cases where the employer does not consider the work as resulting from the execution of a contract, the question should be examined of whether the key components of employment are present or whether this is actually a case of self-employment. The SAK and AKAVA also indicate that the Bill which was under examination concerning the responsibility of those issuing instructions in places where work is done by external third parties did not lend itself to application in agriculture. However, the Committee notes that the relevant provisions of Act No. 441/2006, as amended by Act No. 701/2006, do not exclude agricultural undertakings from the scope of their application. It would be grateful if the Government would supply information on the practical implementation of the provisions with regard to responsibilities in occupational safety and health in agricultural undertakings where work is sub-contracted, and also on the views of employers’ and workers’ organizations in the sector regarding the impact of Act No. 441/2006 referred to above.

2. Articles 25, 26 and 27 of the Convention. Reporting obligations on inspection activities. With reference to its previous comments regarding the need to adopt measures quickly to give effect to the above Articles, the Committee notes the Government’s statement that no annual report has yet been drawn up. It indicates that information on inspections is exchanged by means of a common database, that operations are conducted by occupational safety and health services, taking account of annual discussions regarding performance in relation to objectives and adjusting the implementation plan for the following year. As regards statistical information on occupational accidents and cases of occupational disease which should be included in the annual report, delays have occurred in the process of compilation. The Committee invites the Government to refer to the General Survey of 2006 on labour inspection (paragraphs 320–345) concerning the purpose of complying with the obligation to provide an annual report on inspection activities. It would be grateful if the Government would take the relevant measures and keep the Office informed.