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

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

Referring to its comments under Labour Inspection Convention, 1947 (No. 81), the Committee would like to draw the Government’s attention to the following issues.

Article 6(1)(a) and (3) of the Convention. Enforcement of the legal provisions relating to conditions of work and combating illegal employment. In its previous comments the Committee asked the Government to indicate the legal action taken as a result of the infringements 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 in an illegal residence situation.

The Government indicates in its report that, for the labour inspectorate (responsible for the enforcement of labour legislation), combating undeclared work comes under the tasks assigned in accordance with Article 6(1)(a) of the Convention, since regular declaration by the employer of workers who he employs gives the latter entitlement to the full range of social security rights. During inspections targeting illegal or undeclared work and also those undertaken to combat the trafficking of persons, the inspectorate takes action not only to identify offences relating to irregular or undeclared employment but also to enforce the legal provisions relating to conditions of work, both in terms of workers’ health and safety and in terms of the labour regulations (pay scales applicable to the sector of activity, observance of hours of work, public holidays, etc.). The Government specifies that the inspection services responsible for monitoring social security provisions ensure systematically that the work done by workers found in a given workplace, even in the event of employment in breach of the regulations, is duly and completely declared to the National Social Security Office (ONSS), so as to ensure that these workers enjoy the related social benefits. When an irregularity is observed, the inspectors proceed to regularize the situation by sending a specific form to the ONSS, on the basis of which the ONSS can calculate and claim from the employer the amount of social security contributions which have been unpaid as a result of the undeclared employment and thus ensure that the workers concerned enjoy the social rights which are their due as a result of their employment.

It results from the statistics sent by the Government that, of 1,557 inspections carried out in agriculture between June 2008 and May 2010, 1,223 took place in the context of combating undeclared work. In this context, inspections focused on the employment of foreign workers, part-time work and social documentation. In most cases the inspectorate draws up an infringement report, mainly with regard to the employment of foreign workers and social documentation, and reports the facts to the judicial authorities.

With regard to the protection of pay, hours of work and the application of collective agreements, the Committee notes that during the 2008–10 period only 254 out of 1,557 inspections were concerned with these matters. According to the Government, the figures relating to the reports of violations show that the labour inspectorate achieves compliance with the regulations in a large number of cases.

The Committee requests the Government to provide information on the impact of enforcement activities targeting violations coming under the heading of undeclared work on the level of activity and the scope and effectiveness of the enforcement of legal provisions relating to conditions of work, and the protection of workers including workers who are illegally resident.

In particular, the Committee would be grateful if the Government would indicate the manner in which the labour inspectorate ensures the discharge of employers’ obligations (such as the payment of wages and other benefits owed) with regard to foreign workers in an employment relationship who are in an illegal residence situation, in cases where such workers are facing expulsion from the country pursuant to immigration laws.

Articles 26 and 27. Publication of information on labour inspection in agriculture. While noting the information provided by the Government in its report on the activities of the labour inspection and their results, the Committee would be grateful if the Government would take the necessary measures for the publication, in a separate part of the general report of the social inspection, of an annual report on the work of the inspection services in agriculture, containing information required by items (a)–(g) of Article 27.