Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection Convention, 1947 (No. 81) - Czechia (Ratification: 2011)

The Committee notes the Government’s first report under the Convention.

Article 5(a) of the Convention. Cooperation between the inspection services and other government services. The Committee notes from the Government’s report that section 4(1)(d), (e) and section 2(a) of the Labour Inspection Act (LIA) regulate the issue of cooperation and exchange of information between the inspection services and other government services as regards occupation health, while section 80(1)(o) of the Public Health Protection Act (PHPA) regulates this issue with reference to public health protection. The Committee also notes that, according to the Government, the State Labour Inspection Office (SLIO) concluded 38 bilateral agreements with a number of government services. The Committee would be grateful if the Government would provide information (for example, institutions involved, areas covered, purposes and results, etc.) on bilateral agreements concluded between the State Labour Inspection Office (SLIO) and government services, as well as on their impact on improving conditions of work and the level of protection of workers while engaged in their work.

It would be also grateful if it would indicate if any measures have been taken to promote cooperation between the SLIO and public or private institutions engaged in similar activities, as well as the justice system, in relation to the application of legal provisions relating to conditions of work and the protection of workers.

Article 5(b). Collaboration of the labour inspection with employers and workers and their organizations. The Committee notes from the Government’s report that section 5(1)(k) of the LIA regulates cooperation between the labour inspectorate and employers and workers and their organizations, and that the SLIO and its regional branches concluded various memoranda of cooperation. The Committee would be grateful if the Government would provide information (for example, institutions involved, areas covered, purposes and results, etc.) on the cooperation between the State Labour Inspection Office (SLIO) and organizations of employers and workers, as well as on any collaboration of trade unions and safety representatives with labour inspectors at the enterprise level. It refers in this respect to the guidance contained in Part II of Recommendation No. 81 on the collaboration of employers and workers as regards safety and health.

Article 6. Status of labour inspectors. According to the Government, section 52 (notice of termination given by the employer) of the Labour Code guarantees stability of employment of inspection staff. It also notes from the Government’s report that Act No. 218/2002, which determines the conditions of service of the inspection staff, has not come into full effect yet. Referring to paragraph 204 of the 2006 General Survey on labour inspection, the Committee reminds the Government that it is vital that the status, levels of remuneration and career prospects of inspectors be such that high quality staff are attracted, retained, and protected from any improper influence. The Committee requests the Government to specify the conditions of service of labour inspectors and in particular, wages and career prospects in relation to other types of public officials performing similar duties (for example, social security and tax inspectors). It also requests the Government to keep the Office informed of any legislative developments concerning Act No. 218/2002.

Article 7. Recruitment and training of labour inspectors. The Committee notes that, according to the Government, both the Labour Code and the general inspector’s Instruction No. 18/2006 regulate recruitment of labour inspectors. It notes that under this instruction, new inspectors shall be recruited on the basis of open recruitment procedures and selected applicants shall undergo an eight-week course and pass a final exam. Furthermore, the Committee notes the observations of the Czech–Moravian Confederation of Trade Unions (ČMKOS) included in the Government’s report, concerning the lack of inspectors with expertise in working conditions, employment relations and law. In response to the ČMKOS’s observations, the Government indicates that this is due to the fact that the SLIO was built upon the structures of the former Czech Occupational Safety Office. The Committee requests the Government to specify the process applied and the qualifications required for the recruitment of labour inspectors. It also requests the Government to provide information on the subjects, attendance, frequency and impact of training activities provided to labour inspectors upon their entry into service and in the course of employment to enable them to acquire the technical knowledge required for the performance of their duties.

Article 9. Collaboration with qualified technical experts and specialists. The Government indicates that, pursuant to section 40 of the LIA and section 88(6) of the PHPA, specialists, health institute employees or other professionally eligible persons can participate in the performance of inspection activities or tasks of labour inspectorates. The Committee also notes from the Government’s report that, sections 83(b) and 83(e) of the PHPA determine the authorization procedures guaranteeing recruitment of duly qualified experts. The Committee would be grateful if the Government would indicate the number and field of specialization of technical experts and specialists carrying out inspection duties, if any.

Articles 10, 11 and 16. Resources of the labour inspectorate and inspection visits. The Government indicates that as of 31 December 2012, the SLIO totals 671 inspectors and that SLIO workplaces are sufficiently equipped. The Committee also notes that, according to the ČMKOS, the number of inspectors does not meet the needs of inspection. Furthermore, the Committee notes that, according to the Government, the schedule of inspections results from the LIA, the PHPA and Act No. 61/1988 Coll. on mining activities, explosives and State Mining Administration. The Government also indicates that health and safety inspectors of ČMKOS’s member federations conducted 2,532 inspections. The Committee would be grateful if the Government would provide an evaluation of the needs of the labour inspectorate in human resources in light of the criteria provided in Article 10 of the Convention and indicate the measures taken or envisaged to ensure that workplaces are inspected as often and as thoroughly as necessary in accordance with Article 16 of the Convention. The Committee also requests the Government to provide more information on the distribution of labour inspectors by region, category and level of qualification.

Furthermore, the Committee requests the Government to indicate the legal basis on which operate inspectors of the ČMKOS member federations, their powers, obligations and operating procedures, as well as the manner in which their inspection visits are fed into the schedule of inspection of the SLIO.

Article 12. Inspection methods. 1. Free access of labour inspectors to the workplace. The Government indicates that, pursuant to section 7(1)(b) of the LIA and section 88(2) of the PHPA, inspectors can enter freely any buildings, facilities and production premises for inspection purposes. The Committee reminds the Government that, according to Article 12(1)(a) of the Convention, labour inspectors should be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. Furthermore, Article 12(2) of the Convention provides that on the occasion of an inspection visit, inspectors shall notify the employer or his representative of their presence, unless they consider that such a notification may be prejudicial to the performance of their duties. The Committee requests the Government to indicate how it is ensured, both in law and practice, that labour inspectors can enter without previous notice at any hours of the day or night all workplaces liable to inspection (Article 12(1)(a)) and carry out inspections without notifying their presence in accordance with Article 12(2).

2. Methods of inspection. Enforcing the posting of notices. The Government also indicates that Czech legislation does not give effect to Article 12(c)(iii). The Committee requests the Government to take the necessary measures to ensure that inspectors are empowered to enforce the posting of notices required by the legal provision, in accordance with Article 12(c)(iii).

Articles 13, 17 and 18. Enforcement measures. The Committee notes the information on the legal provisions regulating the power of inspectors to take steps with a view to remedying defects and to order measures with immediate executory force, as well as those concerning penalties enforceable by labour inspectors. The Committee would be grateful if the Government would provide statistical information on the preventive action taken by the labour inspectorate with a view to remedying defects observed in plant, layout or working methods in line with Article 13 of the Convention, including the number of measures with immediate executory force taken during the reporting period in the event of imminent danger to the health or safety of the workers. The Committee also requests the Government to specify the number of legal proceedings recommended or instituted against persons who violated legal provisions enforceable by labour inspectors, as well as the penalties applicable for labour law violations and to provide relevant information on their actual enforcement (Articles 17 and 18 of the Convention).

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes that section 105(4) of the Labour Code establishes the obligation to notify industrial accidents and that under section 105(6), employers shall keep records of all employees whose disease has been recognized as occupational disease. The Government also indicates that Decree No. 104/2012 determines the requirements for the reporting of cases of occupational diseases. The Committee requests the Government to take the necessary measures, in law and in practice, to ensure that the labour inspectorate is notified of cases of occupational disease, and to describe the notification procedure for industrial accidents and cases of occupational disease. It would be also grateful if the Government would provide copies of the texts of the specific legal provisions of Decree No. 104/2012 on the requirements to report cases of occupational disease. The Committee draws the Government’s attention to the ILO code of practice on the recording and notification of occupational accidents and diseases which offers guidance on the collection, recording and notification of reliable data and the effective use of such data for preventive action (available at www.ilo.org/safework/ normative/codes/lang--en/docName--WCMS_107800/index.htm).

Article 15. Professional secrecy. The Committee notes that section 52(g) of the Labour Code determines sanctions for disclosure of information protected by the obligation of confidentiality. The Committee requests the Government to indicate the legal provision of the Labour Inspection Act establishing penalties or disciplinary measures for violation of the obligation of secrecy, and to specify if this obligation is maintained for labour inspectors after they have left the services.

Articles 19, 20 and 21. Periodical reports and publication and communication of an annual report on the work of the inspection services. The Committee notes from the Government’s report that regional inspectorates submit report to the SLIO, which then elaborates an annual summary report on inspection results to be submitted to the Ministry of Labour and Social Affairs and published on its website. According to the Government, the Ministry of Health elaborates an annual report on the Activities of Public Health Protection Authorities, which contains data on the number of inspectors staff, numbers and types of inspections and sanctions. The Committee however notes that no annual reports have been transmitted to the Office nor do they appear to be available in the Internet. The Committee would be grateful if the Government would publish and transmit to the ILO, in accordance with Article 20 of the Convention, a copy of the annual report on the work of labour inspection services, containing the information required in Article 21(a)–(g). It draws the Government’s attention to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), concerning the type of information that should be included in labour inspection report.

Article 26. Role of competent authority in identifying undertakings liable to inspection. The Committee notes that, according to the Government, the authorities competent to settle questions under Article 26 of the Convention are the SLIO in the sphere of occupational health, the Ministry of Health in the area of health protection, and the Czech Mining Office for mining activities. The Committee requests the Government to communicate to the Office any decisions made in relation to this Article.