Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Czechia

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2011)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2011)

In order to provide a comprehensive view of the issues relating to the application of the two ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

The Committee notes the observations made by the Czech–Moravian Confederation of Trade Unions (CM KOS) included in the Government’s report.

Article 5(a) of Convention No. 81 and Article 12 of Convention No. 129. Cooperation between the inspection services and other government services (in agriculture). The Committee notes the information provided by the Government in reply to its previous request concerning cooperation mechanisms in place between the inspection services and other government services, as well as other institutions engaged in similar activities. It notes that the Government has not provided the specific information requested on such cooperation in agriculture. The Committee once again requests that the Government provide specific information on the cooperation mechanisms of the labour inspection services in agriculture and other government services and institutions engaged in similar activities.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration of the labour inspection services (in agriculture) with employers and workers and their organizations. The Committee welcomes the information provided by the Government in reply to its previous request concerning information on collaboration between the State Labour Inspection Office (SLIO) and employers’ and workers’ organizations, which includes collaboration within the working group for occupational safety and health (OSH) of the tripartite national Council of Economic and Social Agreement. It also notes the information on the consultancy and information services provided by the SLIO for employers and workers. The Committee once again requests that the Government provide the specific information concerning the measures taken to promote collaboration between the labour inspectorate services in agriculture and employers and workers or their organizations.

Articles 5(b), 6, 13, 17 and 18 of Convention No. 81 and Articles 8, 13, 18, 22 and 24 of Convention No. 129. Involvement of trade unions in OSH inspections. In its previous comment, the Committee noted that the OSH inspectors of the member federations of the CM KOS had conducted 2,532 inspections. The Committee notes that the Government indicates, in reply to the Committee’s request in this regard, that the legal basis for the inspection activity of trade unions is laid down in section 322 of the Labour Code, which entrusts trade unions with the power to inspect OSH issues, for example, as to the existence and use of personal protective equipment and the investigation of occupational accidents by employers. The Committee also notes from previous information provided by the Government in its report under the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), that while the competent trade union organizations are entitled to inspect compliance of employers with the Labour Code and statutory provisions on OSH, and issue compliance orders to rectify violations detected, they shall inform the labour inspectorate of the measures taken. According to this information, the employer may request that the labour inspectorate reviews the measures ordered by the trade union organization, which shall remain in force until the labour inspectorate rules on the matter. The Committee recalls that, in accordance with Article 8(2) of Convention No. 129, so far as is compatible with national laws or regulations or with national practice, members may include in their system of labour inspection in agriculture officials or representatives of occupational organizations, whose activities supplement those of the public inspection staff; where those persons are assured of stability of tenure and be independent of improper external influences. Recalling that enforcement functions should be primarily assumed by labour inspectors that are properly trained and have the status and conditions of service guaranteeing their independence and impartiality, the Committee requests that the Government provide information on the status and conditions of trade unions inspectors, whether they have the power to issue sanctions for non-compliance, as well as the manner in which their inspection visits are fed into the schedule of inspection of the SLIO.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. In its previous comment, the Committee noted that the Civil Service Act, which determines the conditions of service of the inspection staff, had been amended, but not yet come into full effect. The Committee notes the Government’s indication that this Act has now been implemented since July 2015. The Committee also notes the Government’s indication that the conditions of service of labour inspectors specializing in agriculture are the same as those of other labour inspectors. However, the Committee notes that the Government has not provided the requested information concerning the conditions of service of labour inspectors (including those specializing in agriculture) in relation to other inspectors. The Committee therefore once again requests that the Government specify the conditions of service of labour inspectors (wages, etc.) in relation to other types of public officials performing similar duties (for example, social security and tax inspectors).

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Recruitment and training of labour inspectors. The Committee notes the information provided by the Government in reply to its previous request on the recruitment procedure and the training of labour inspectors, including those specializing in agriculture. The Committee notes that the CM KOS reiterates its previous observations that there is a low number of graduated lawyers resulting in the limited ability and capacity of labour inspectors to perform inspections in the area of working conditions, although this situation is gradually improving through recent recruitments. The Government indicates, for its part, that according to the new Civil Service Act being applied from July 2015, a master’s degree is required to enter the civil service, but that a legal education is not necessarily required for the effective performance of inspection duties in the area of working conditions. The Government explains that the system for the selection, training and assessment of labour inspectors is suited to provide labour inspectors with the required level of knowledge. The Committee takes note of this information.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration with qualified technical experts and specialists. The Committee takes note of the Government’s indication in relation to its previous question concerning the association of technical experts and specialists in inspection activities, including inspectors for metallurgy, mechanical engineering and manufacturing industries, transport and machinery maintenance at the central and regional levels of the labour inspectorate.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Sufficient number of labour inspectors and coverage of workplaces by labour inspection visits. In its previous comment, the Committee noted the observations made by the CM KOS, according to which the number of labour inspectors (that is, 671 at the end of 2012) and labour inspections were insufficient, especially concerning labour inspectors responsible for controlling compliance with working conditions. While the CM KOS reiterates its previous observations, the trade union also indicates that there are gradual improvements in the number of labour inspections.

In this context, the Committee also notes that the Government indicates that labour inspection activities are undertaken on the basis of annual labour inspection plans, which take into account, among other things, the rate of occupational accidents, findings from previous inspection activities and comments of the social partners. The Committee is of the view that the use of the planning of labour inspection visits based on the abovementioned indicators can be an appropriate method to achieve improved coverage of workplaces by labour inspection. Noting this information, the Committee requests that the Government continue its efforts to improve the coverage of workplaces and workers by labour inspection visits, in accordance with Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No 129, including in the context of determining annual labour inspection priorities. The Committee also requests that the Government provide information on the human resources strategy pursued to achieve a satisfactory coverage of workplaces by labour inspections.

Article 12(1)(a) and (2) of Convention No. 81 and Article 16(1)(a) and (3) of Convention No. 129. Inspection methods. Free access of labour inspectors to the workplace. The Committee previously noted, with regard to the legal provisions in the Labour Inspection Act and the Public Health Protection Act on the entry of labour inspectors to workplaces, that the abovementioned Articles of the Conventions require that labour inspectors may freely enter workplaces liable to inspection “without previous notice”, “at any hour of the day or night”, and that they shall “notify their presence, unless this may be prejudicial to the performance of their duties”. The Committee notes that the abovementioned modalities for the free entry of labour inspectors to workplaces are not reflected in section 7 of the Inspection Rules Act (No. 255/2012) referred to by the Government, which states that “… the inspector is authorized to access buildings, means of transport, land and other premises … if required for performance of the inspection”. The Committee once again requests that the Government indicate how it is ensured, both in law and practice, that labour inspectors can enter without previous notice at any hour of the day or night all workplaces liable to inspection and carry out inspections in accordance with the abovementioned Articles of Conventions Nos 81 and 129.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational accidents and diseases to the labour inspectorate. The Committee notes that the Government has provided the requested information on the procedure for the notification to the labour inspectorate of cases of occupational accidents and diseases.

Article 15 of Convention No. 81 and Article 20 of Convention No. 129. Professional secrecy. The Committee notes that the Government has provided the requested information on the legal provisions providing for safeguards concerning the professional secrecy of labour inspectors.

Articles 17 and 18 of Convention No. 81 and Articles 22 and 24 of Convention No. 129. Enforcement. The Committee notes that the Government has provided the requested information on the number of violations detected and the penalties imposed, but it also notes from the annual labour inspection report that this number only concerns OSH in industry and commerce and that no relevant information was provided in relation to agriculture. The Committee requests that the Government provide information on the violations detected relating to OSH and other working conditions. Please provide such information in relation to all sectors covered by Conventions Nos 81 and 129, including agriculture.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. The Committee notes with interest the detailed information in the annual labour inspection report for 2013 in English containing information on all the subjects listed in Articles 21(a)–(g) and 27(a)–(g). It also notes the web link provided by the Government in its report to the annual labour inspection report for 2014. It welcomes the information provided by the Government that a new electronic information system used by the SLIO will provide for improvements in the recording of labour inspection activities.

Issues specifically concerning labour inspection in agriculture

Article 5 of Convention No. 129. Coverage of the labour inspection system in agriculture. In its previous comment, the Committee noted the observations made by the CM KOS according to which labour inspection in agriculture faces major difficulties as most persons working in the sector are self-employed and, as such, excluded from the scope of application of the Labour Code and from the application in practice of the OSH Act No. 309/2006. The Committee further noted that, according to the CM KOS, self-employed persons are not covered by the sickness insurance system and, in the event of an occupational accident, they risk to receive a fine for not complying with the OSH requirements (such as by failing to use the personal protective equipment). Therefore, these categories of workers do not voluntarily report occupational accidents with the result that the SLIO does not produce reliable statistics on occupational accidents in agriculture.

The Committee notes that the Government, on the other hand, emphasizes, with reference to section 12 of OSH Act No. 309/2006 and several sections of the Labour Code that OSH provisions are also applicable to self-employed persons. The Committee notes, however, that the Government has not provided a reply in relation to the observations made by the CM KOS concerning the lack of protection of self employed workers leading to the under-reporting of occupational diseases by this category of workers. The Committee requests that the Government provide its comments in relation to the observations made by the CM KOS in this respect.

Article 17 of Convention No. 129. Preventive function of labour inspectors. The Committee takes note of the information provided by the Government in relation to its previous request concerning the involvement of the labour inspection services in agriculture 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 this respect, the Committee notes that the National Institute of Public Health at the Ministry of Health is entrusted with the examination and authorization of new products prior to launching them on the market.