Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour Inspection Convention, 1947 (No. 81) - Slovakia (Ratification: 2009)

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee previously noted that, pursuant to section 2(1)(a)(iv) of Act No. 125/2006 (on Labour Inspection and on the amendment of Act No. 82/2005, on Illegal Work and Illegal Employment), labour inspectors are, among others, entrusted with the control of illegal work and employment, including with the control of the legality of the residence of foreign workers. The Committee notes the Government’s statement that, in addition to the National Labour Inspectorate, labour inspections are also carried out by the Central Office of Labour, Social Affairs and Family, as well as the regional Offices of Labour, Social Affairs and Family, to ensure that the monitoring of migration laws does not hinder inspections related to workers’ rights. The Government indicates that in 2013, 15,974 inspections focused on illegal employment and work were carried out by the National Labour Inspectorate. These inspections detected 541 enterprises illegally employing a total of 1,054 persons, 12 of whom were migrant workers, and resulted in the imposition of 330 fines. The Government also indicates that illegally employed workers are not socially insured, and are therefore not eligible for benefits. The Committee notes the Government’s indication that the number of inspections focused on illegal employment and work increased by approximately 80 per cent from 2012 to 2013.

In this regard, the Committee notes the information in the 2012 Report on the status of work and activities of state administration in the area of labour inspection (submitted by the Government), that in terms of hours engaged in monitoring, labour inspectors spent the most time performing inspections aimed at monitoring occupational safety and health. However, the same report for 2013 (available on the website of the National Labour Inspectorate) indicated that more time was spent performing inspections to control illegal employment, while inspections concerning occupational safety and health had fallen to second. In this regard, the Committee recalls that pursuant to Article 3(2) of the Convention, additional duties that are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers should only be assigned to labour inspectors in so far as they do not interfere with their primary duties. With reference to paragraph 78 of its 2006 General Survey on labour inspection, it also recalls that to be compatible with the protective function of labour inspection, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers. The Committee asks that the Government provide further information on the measures taken, in accordance with Article 3(2) of the Convention, to ensure that any other functions entrusted to labour inspectors do not interfere with the effective discharge of their primary duties. It also asks for information on action undertaken by the labour inspectorate to ensure the enforcement of employers’ obligations with regard to the statutory rights of the workers found to be irregularly employed.

Article 6. Status and conditions of service of labour inspectors. The Committee previously noted that labour inspectors are civil servants governed by the Act on the Civil Service and that pursuant to this Act, civil servants could be employed as temporary or permanent civil servants. The Committee notes the Government’s statement that, as labour inspectors are governed by the Act on the Civil Service, they enjoy the same protection as other civil servants. The Government indicates that temporary civil servants are usually used when there is a need to fill a vacancy position in a public institution for a specified period of time, and that the worker is informed of this prior to recruitment. The Committee asks that the Government provide information on the total number, as well as the proportion, of labour inspectors who are engaged as temporary civil servants. It also asks that the Government indicate any measures taken or envisaged to ensure that the conditions of service of inspectors are such that they are assured of stability of employment and independence from any improper external influence, in conformity with Article 6.