Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Labour Inspection Convention, 1947 (No. 81) - Belgium (Ratification: 1957)

The Committee notes the information provided by the Government in its report, in reply to its previous request concerning Articles 17 and 18 of the Convention on the legal proceedings and the effective application of sufficiently dissuasive penalties.

Article 3(1) and (2) of the Convention. Measures taken with regard to workers in an irregular situation. In its previous comments, the Committee requested the Government to provide further information on measures taken to ensure that workers in an irregular situation benefit from the same protection in respect of their working conditions as workers in a regular situation. The Committee notes the Government’s indication in its report that the measures provided for in the Act of 11 February 2013, in conformity with the Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009, strengthen the obligations of employers and improve the rights of third-country nationals who are residing illegally. The Committee notes the difficulties emphasized by the Government regarding proof of benefits when an intervention is requested of the General Directorate of Supervision of Social Laws (CLS) to enforce payment of outstanding salaries to undocumented workers in cases where such workers are no longer employed or are residing illegally. It also notes that a study will be carried out on the feasibility of expanding a procedure to suspend a deportation order for workers in an irregular situation to give them time to claim wages due. The Committee requests the Government to continue to provide information on efforts made to enable foreign workers in an irregular situation to claim their rights for work effectively carried out, including when they are subject to a deportation order, and on the role of the labour inspectors in this regard.

Articles 3(1)(a), 10, 13, and 16. Labour inspection staff. Adequate frequency and thoroughness of inspection visits. In its previous comments, the Committee noted the observations of the Confederation of Christian Trade Unions (CSC) concerning a severe lack of staff in the only inspection service responsible for the enforcement of occupational safety and health (OSH) legislation. It asked the Government to indicate the measures taken to alleviate the staff shortage. According to the Government, the social inspectorate obtained authorization at the end of 2014 to recruit 11 social inspectors but, given the unfavourable age pyramid and the economic crisis, it has not been possible to systematically replace retired inspectors. Considerable efforts have been made in the field of prevention and protection at work through the adoption of a multidisciplinary approach with prevention advisors highly qualified in the areas of health, safety and psychosocial risks. In relation with the inspectors of the Welfare Control Directorate (CBE), who are exclusively responsible for enforcing the legislation in this area, the Government indicates that three inspectors were recruited in 2012 and ten in 2013. The Committee notes that, according to the information in the Government’s report, the number of CBE inspectors fell from 190 in 2012 to 176 in 2014. The Committee requests the Government to ensure that measures are taken to strengthen labour inspection staff, particularly the staff responsible for supervision of OSH conditions, so that inspection visits are carried out with adequate frequency and thoroughness to ensure the effective application of the legal provisions, in conformity with Article 16 of the Convention. It also asks the Government to provide updated information on the number, nature and geographical distribution of the establishments subject to labour inspection, and the workers engaged therein, as well as on the number and distribution of labour inspectors responsible for the enforcement of the general working conditions and those responsible for OSH.

Articles 20 and 21. Preparation, publication and transmission of the annual report to the Office. The Committee once again requests the Government to see to it that steps are taken to ensure that the annual inspection reports are drafted and published in such a way that they give an overview of the functioning of the labour inspection system and that they contain information on each of the subjects in (a)–(g) of Article 21 of the Convention.