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

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Czechia (Ratification: 2011)

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

The Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they are also concerned with the application of the present Convention.

Article 5 of the Convention. Coverage of the labour inspection system in agriculture. The Committee notes that, according to the observations of the Czech–Moravian Confederation of Trade Unions (ČMKOS), included in the Government’s report, labour inspection in agriculture faces major difficulties as most persons working in this sector are self-employed and, as such, excluded from the scope of application of the Labour Code. The ČMKOS also indicates that Act No. 309/2006 on occupational safety and health in labour relations is not applied to this category of workers, nor are they covered by sickness insurance system and therefore do not voluntarily report occupational accidents. In addition, a notification of their injury to the State Labour Inspection Office (SLIO) will not bring them any effect. On the contrary, a fine could be imposed on them by the labour inspectorate, for example for not using the personal protective equipment. The Government indicates that this is the reason why the SLIO does not have full information on the occupational accident rates in this respect.

The Committee reminds the Government that, in accordance with Article 5(1) of the Convention, any Member may undertake also to cover by labour inspection in agriculture one or more of the categories of persons working in agricultural undertakings enumerated in Article 5(1)(a)–(c). The Committee requests the Government to indicate to what extent effect has been given or is proposed to be given to the provisions of the Convention in respect of the categories of persons referred to in paragraph 1(a)–(c) of this Article of the Convention.

Article 9(3). Training of labour inspectors. Recalling the importance of specific training for the performance of labour inspection duties in agriculture and related issues, such as the prevention of particular chemical hazards, the Committee requests the Government to provide information (for example, subjects, attendance, frequency and impact, etc.) on training on agriculture and related issues provided to labour inspectors upon their entry into service and in the course of employment.

Articles 12 and 13. Cooperation between the labour inspection services and other government services and public institutions, as well as collaboration with employers and workers or their organizations. Referring to its comments under Convention No. 81, the Committee would be grateful if the Government would provide information on any cooperation between the labour inspection services and other government services or public institutions. It also requests the Government to provide information on the measures taken to promote collaboration between officials of the labour inspectorate in agriculture and employers and workers or their organizations. The Committee draws the Government’s attention to the guidance provided in Paragraphs 10 and 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133).

Article 17. Preventive function of labour inspectors. The Committee would be grateful if the Government would indicate any measures taken to ensure that labour inspection services in agriculture are associated in the preventive control of new plant, materials or substances and new methods of handling products which appear to constitute a threat to health or safety, in accordance with Article 17.

Articles 26 and 27. Annual report on the work of the inspection services. The Committee notes that the Government provides statistical information on the number of persons employed in agriculture disaggregated by regions and gender, and on the number of inspected employers, violations detected and penalties imposed. It however notes that no annual report on the work of labour inspection services has been transmitted to the Office. Referring to its comments under Convention No. 81, the Committee would be grateful if the Government would publish and transmit to the ILO, in accordance with Article 26 of the Convention, a copy of the annual report on the work of the labour inspection services in agriculture, either as a separate report, or as part of its general annual report, containing the information required in Article 27(a)–(g).