Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Labour Inspection Convention, 1947 (No. 81) - Latvia (Ratification: 1994)

With reference to its observation on this Convention, the Committee requests the Government to continue providing information on the effect given to the recommendations of the tripartite mission for the audit of the labour inspection system in 2005 and, in particular, information on the following points.

Article 6 of the Convention. Status of the staff of the labour inspectorate. The Committee notes in the part of the annual report on the work of the labour inspectorate for 2006 relating to staff, that there appears to be a distinction between “civil servants” and “employees” in the labour inspectorate (180 and 31 budgeted positions, respectively). The Committee would be grateful if the Government would provide clarifications on the status of inspection “employees”, with an indication of the manner in which they are ensured of stability of employment and are independent of any external influences, and on the legal provisions governing their conditions of service.

Article 7, paragraph 3. Adequate training for labour inspectors. The Committee notes the efforts made by the Government and the action undertaken to improve the training of labour inspectors, both in relation to general and sectoral training and training activities on specific themes, including in the context of European Social Funds projects. The Committee would be grateful if the Government would continue to provide information on the training programmes prepared and the training that is actually provided to labour inspectors initially or during the course of employment, with an indication of their duration and regularity and the subjects covered.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes the adoption of Regulation No. 585 of 9 August 2005 establishing the procedure for the investigation and registration of work accidents, which contains provisions calling for an exchange of information between medical institutions and the labour inspectorate with a view to identifying concealed accidents. Also noting the adoption of Regulation No. 908 of 6 November 2006 on the procedure for the investigation and registration of occupational diseases, the Committee would be grateful if the Government would provide information in its next report on the operation of these procedures in practice and their impact on the detection and registration of work accidents and cases of occupational disease.

Articles 18 and 21(e). Penalties. The Committee notes the new provisions of the Administrative Violations Code (section 41) establishing administrative penalties applicable for violations of the legislation respecting industrial relations and occupational safety and health. The Committee notes with interest that these provisions establish higher penalties for repeat offences. However, in the light of the information provided by the Government in its report received in 2005, it would appear that the minimum amounts of the fines applicable in the event of violations by individuals of either the occupational safety and health regulations giving rise to a direct threat to the health or safety of workers, or of the obligation to conduct an investigation into a work accident resulting in serious injury or the death of a worker, have however decreased (the minimum fine falling from 500 Latvian lats (LVL) to LVL350 in both cases). The Committee would be grateful if the Government would provide clarifications in this respect and if it would continue to provide information on the administrative penalties actually imposed by labour inspectors.

Furthermore, the Committee requests the Government to ensure that information on the penal sanctions imposed under section 146 of the Penal Code, and effectively imposed on those responsible for violations, are also included in the annual report of the labour inspectorate.

Finally, with reference to its 2007 general observation, which encourages effective cooperation between the labour inspection services and the justice system, the Committee also requests the Government to indicate whether appropriate measures have been taken, as required by Article 5(a), to promote such cooperation, particularly with a view to raising the awareness of judges concerning the role of labour inspection in the protection of workers and ensuring that the labour inspectorate is informed of judicial decisions relating to its activities.