Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Belgium (Ratification: 1997)

The Committee notes the Government’s detailed report for the period ending May 2008, as well as the annual reports of the federal public social security service (social security inspection) for 2005 and 2006. It also notes the statistical data from the Social Security Inspection Service relating to agricultural enterprises, provided by the Government in its 2008 report on the Labour Inspection Convention, 1947 (No. 81). The numerous legislative texts received by the ILO on 15 October 2009 will be examined together with the Government’s next report.

Article 6, paragraphs 1(a) and 3, of the Convention. Principal functions of the labour inspectorate as defined by the Convention and the compatibility of additional functions which may entrusted to inspectors. According to the information provided by the Government, between June 2006 and May 2008, the activities of the inspection services to combat undeclared work were intensified and the inspection services are increasingly involved in the procedures established for this purpose in collaboration with other State services. Further to its previous direct request, the Committee wishes to remind the Government that the primary function of the labour inspection system in agriculture should be, as established by Article 6(1)(a), of the Convention, to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. The monitoring of illegal employment and undeclared work would therefore appear to be an additional function and, as such, it should therefore be ensured, in accordance with Article 6(3), it is not such as to interfere with the effective discharge of the primary duties, as defined in paragraph 1, and that it does not prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. Noting that the Government has not provided the information requested in its previous direct request (2007) on the manner in which it is ensured that supervisory activities targeting offences arising from undeclared work do not prejudice the effectiveness and scope of the enforcement by labour inspectors of legal provisions relating to conditions of work (health, safety, hours of work, wages, etc.) and the protection of workers while engaged in their work (social security, right of association, in particular) and the living standards of workers who are illegally resident. It would be grateful in particular if it would indicate the legal action taken as a result of the violations identified relating to undeclared work against the employers concerned and the practical consequences of the identification of such offences for workers who are not registered with the social security system and who are illegally resident.

Article 6, paragraphs 1(a) and (b) and 2. Fields of competence of labour inspectors in relation to horticultural enterprises (seasonal workers). The Committee also notes that the Government has not provided the information requested on the impact of the continued updating of the census of casual workers (DIMONA) in terms of the identification of horticultural enterprises requiring specific action by the labour inspectorate. According to the Government, the objective of the immediate notification of employment is for an electronic link to be developed between employers and the authorities, which should lighten the administrative workload, identify workers accurately and rapidly and establish a clear connection between the worker and the employer. As well as enabling the employer to view the result of the registration on the social security web site and to consult the specific electronic personnel register of the National Social Security Office, the implementation of the new legislation provides the labour inspectorate with an effective means of supervising compliance with the legal provisions relating to daily hours of work of each casual worker hired and the corresponding social security contributions. The Committee would be grateful if the Government would indicate the progress achieved in this respect and, where appropriate, in relation to other conditions of work, such as occupational safety and health, wages, the conditions of accommodation of seasonal horticultural workers, since the entry into force of the Royal Order of 14 October 2005.