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

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Netherlands (Ratification: 1973)

The Committee notes that the Government has sent one report, containing both information on the application of the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Articles 26 and 27 of the Convention. Annual report on the work of the inspection services in agriculture. Further to its previous comments regarding the publication of an annual report on the work of the inspection services in agriculture, the Committee notes the information provided by the Government on: (i) statistics of agricultural undertakings liable to inspection; (ii) the number of persons working therein; (iii) the statistics of inspection visits; (iv) violations and penalties imposed (without indicating the corresponding period of time for these statistics); as well as (v) the number of accidents in agriculture (from June 2009 to June 2010). However, the annual report of the labour inspection, available on the Internet site www.arbeidsinspectie.nl still does not allow an assessment to be made on the specific operation of the labour inspection in agriculture. Therefore, the Committee asks the Government, once again, to publish and send to the ILO an annual report on the work of the inspection services in agriculture, in accordance with Article 26 (1) of the Convention, either as a separate report or as part of its general annual report.

Article 13 of the Convention. Collaboration between the labour inspection services and employers and workers or their organizations. Referring to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee notes the increased responsibility of the social partners for the implementation of the national occupational safety and health (OSH) policy in various sectors and branches and the conclusion of so-called “catalogues” or Arbocatalogues between employers and workers, which contain agreements on ways and methods of working to achieve and implement the public OSH targets defined by the Government. These “catalogues”, after submission and approval by the labour inspectorate, are considered legally binding and are taken into account by labour inspectors during inspections. The Committee asks the Government to indicate whether any “catalogues” have been concluded in the agriculture sector and, if applicable, to describe the role played by the social partners in the implementation of such “catalogues” in individual workplaces.

Articles 6, 9 and 14 of the Convention. Number and qualifications of labour inspectors in agriculture. According to the Government, while there are no specific labour inspectors only responsible for inspecting agricultural undertakings, approximately 17 inspectors are assigned for the control of illegal employment and wages and three for the control of working conditions in this area. The Committee requests the Government to provide detailed information on any specific training provided to the labour inspectors assigned for the control of agricultural undertakings to enable them to discharge their missions of supervision, information and technical advice in these undertakings; and if applicable, to indicate any improvements in conditions of work in agriculture achieved through the conduct of such training.

Article 19 of the Convention. Notification of cases of occupational disease. Also referring to its comment under the Labour Inspection Convention, 1947 (No. 81), the Committee would like to remind the Government once again that the labour inspectorate in agriculture should be notified of both occupational accidents and cases of occupational disease occurring in the agricultural sector, in accordance with Article 19(1) of the Convention and that, as far as possible, inspectors should be associated with any inquiry on the spot into the causes of the most serious occupational accidents or occupational diseases, particularly of those which affect a number of workers or have fatal consequences (Article 19(2) of the Convention). In this regard, the Committee would like to emphasize that in order to combat deficiencies of employers in notifying cases of occupational disease, informing and sensitizing employers and workers about this matter is an essential means of encouraging compliance with the relevant legal provisions. Labour inspectors could carry out such activities as part of the duties they perform in pursuance of Article 6(1)(b) and Paragraph 14 of the Recommendation No. 129. The Committee urges the Government to take steps aimed at giving effect to Article 19 of the Convention as to the notification to the labour inspectorate of both occupational accidents and cases of occupational disease; and to ensure that relevant statistics are included in the abovementioned annual report on the work of the inspection services in agriculture, as required by Article 27(e) of the Convention. It asks the Government to keep the ILO informed on all progress made in this matter or on any difficulties encountered.