Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Inspection Convention, 1947 (No. 81) - Estonia (Ratification: 2005)

The Committee notes the Government’s report received at the Office on 13 September 2010.

Articles 3(2), 4, 10, 16, 20 and 21 of the Convention. Staff and functions of the system of labour inspection. The Committee notes the general information sent by the Government on the number of workplaces liable to inspection and the number of workers employed therein; the total number of inspection visits carried out in the areas of occupational safety and health and employment relations; the total number of violations reported in these two areas and the number of penalties imposed. It notes, however, that the translation of the 2008 inspection report which the Government said was appended to its report has not been sent to the ILO. In the absence of that report, the Committee is not in a position to assess how the Convention is applied in practice.

The Committee further notes that, according to the Government, there are 72 labour inspectors for 49,235 workplaces liable to inspection and 595,800 workers. Furthermore, in the local inspection services there are committees for labour dispute settlement, chaired by an officer of the local inspection services who is barred from supervising application of the labour legislation.

The Committee requests the Government to send a copy of the 2008 annual report to the ILO together with copies of the reports for 2009 and 2010, if possible likewise translated into one of the Office’s working languages, as soon as they are available. It would be grateful if the Government would provide an organizational chart of the local inspection services and would indicate the proportion of the staff assigned to labour dispute settlement as compared to the staff assigned to labour inspection in the local inspection services. Furthermore, the Committee would be grateful if the Government would specify the areas covered by the supervisory work of the inspection units responsible for employment relations and occupational safety and health.

The Committee also asks the Government to state whether measures have been taken or are envisaged to boost the numbers of the labour inspectorate so that workplaces may be inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions on working conditions and the protection of workers, in accordance with Articles 10 and 16 of the Convention.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. With reference to its previous comments, the Committee notes with interest the information supplied by the Government showing that there have been noteworthy improvements in collaboration between the social partners and the labour inspection services. It asks the Government to provide details of the initiatives taken by representatives of trade unions and employers to improve the working environment, and of the working groups, seminars and campaigns in which they take part and on the information days they organized jointly, according to the Government’s report.

Article 6. Conditions of service of labour inspectors. According to the Government, labour inspectors are not classified by grade, and despite substantial improvements over 2007, the level of inspectors’ pay remains low by comparison with that of other public employees engaged in similar work.

The Committee points out that in order to attract and retain qualified staff for the inspection service, it is necessary to ensure remuneration and career prospects that are commensurate with the importance and complexity of the duties to be performed and ensure inspectors’ independence of changes of government and of improper external influences (see paragraphs 209–215 of the 2006 General Survey on labour inspection). It therefore asks the Government to take steps to ensure that the remuneration and career prospects of inspectors are brought up to the level of other public servants performing duties of a similar level and complexity, and to provide information on all progress achieved in this respect.

Articles 12 and 15(c). Right of inspectors to enter workplaces freely and to conduct investigations. The Committee notes that pursuant to the Regulations on Inspection Visits: (i) the labour inspector is to warn the representative of the enterprise of the opening of administrative inspection procedures and of the time and purpose of visits (section 3.1.2); (ii) inspection visits may be carried out without notice, but in coordination with the employer or a representative of the enterprise on the spot (section 3.1.2); (iii) labour inspectors must likewise notify to the enterprise representative the documents and data they wish to examine in the course of the inspection visit (section 3.1.3); (iv) labour inspectors are to conduct inspection visits in the presence of the employer and/or persons mandated by the latter (working environment specialist, production manager, foreman, etc.) (section 4.1); (v) labour inspectors may conduct inspection visits on their own only if the employer has approved the visit or where the enterprise representative is absent at the time of the visit, or if the visit takes place without prior notice and the enterprise representative is absent at the time (section 4.1); (vi) labour inspectors are to start visits in the presence of the employer or someone authorized by the latter. They must then explain the purpose of the visit and specify the persons they wish to meet in the course of it. In the case of targeted inspections, inspectors must also specify the exact area of activity to be checked (section 4.2.1); (vii) in the case of follow-up inspection visits, inspectors are to inform employers of the date of the visit, though the latter may also take place without notice (section 6.3). The Committee also notes that the Regulations say nothing of the hours during which inspectors may carry out inspection visits or of their authority to investigate.

The Committee points out, as it did in paragraph 263 of its 2006 General Survey on labour inspection, that unannounced visits offer the advantage of enabling inspectors to enter the inspected premises without warning the employer or the latter’s representative in advance, where an employer may be expected to attempt to conceal a violation, by changing the usual conditions of work, preventing a witness from being present or making it impossible to carry out an inspection. Conducting unannounced visits on a regular basis is especially useful as it enables inspectors to observe the confidentiality required by Article 15(c) of the Convention as regards the purpose of the inspection where it is carried out in response to a complaint. The Committee further stresses, as it did in paragraph 275 of the abovementioned General Survey, that in order to ensure that statements are as spontaneous and reliable as possible, it is essential for labour inspectors to exercise their own judgement as to whether to carry out confidential interviews where the subject of the interview so requires. In this way inspectors can avoid embarrassing the employer or his or her representative in front of the workers or, conversely, exposing workers to the risk of reprisals. The Committee also reminds the Government that according to Article 12 (2), inspectors should be entitled to abstain from notifying their presence to the employer or his or her representative if, in their view, this makes for more effective inspection.

The Committee accordingly asks the Government to specify whether inspectors have the authority, if they deem appropriate, to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, in accordance with Article 12(1)(a) and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection (Article 12(1)(b)), and to decide for themselves whether or not to notify their presence to employers or their representatives on the occasion of inspection visits, in accordance with Article 12(2). It also asks the Government to provide statistical data of the number and results of unannounced visits conducted by the inspection services and to specify whether such visits are planned or conducted in response to complaints. If inspectors are not free to enter workplaces, the Committee asks the Government to ensure that the regulations on inspection visits are brought into line with the provisions of Article 12 and to inform the Office of any measures taken or envisaged to this end.

The Committee would be grateful if the Government would provide the legislative provisions that give effect to Article 12 (1)(c) of the Convention under which labour inspectors must be empowered to carry out any examinations, tests or enquiries which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed, and in particular to interrogate, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters concerning the application of the legal provisions (i); to require the production of any books, registers or other documents the keeping of which is prescribed by national laws or regulations relating to conditions of work (ii); to enforce the posting of notices required by the legal provisions (iii); and to take or remove for purposes of analysis samples of materials and substances used or handled (iv).

Articles 17 and 18. Legal proceedings and penalties. The Committee again requests the Government to provide statistical information on the legal proceedings initiated by labour inspectors and on any penal follow-up thereto (number of referrals to the judicial authorities, number of cases dealt with by the courts, type of penalties imposed, areas of labour law concerned, etc.).