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

Estonia

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2005)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2005)

In order to provide a comprehensive view of the issues relating to the application of the 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 Government’s response in reply to its previous request concerning the procedure to be followed by labour inspectors when detecting violations of the labour legislation (Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22, 23, and 24 of Convention No. 129).

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. The Committee previously noted the information in the 2009, 2010 and 2011 labour inspection reports on the activities of labour inspectors in the area of undeclared work. In this regard, the Committee notes the Government’s indication that when labour inspectors detect migrant workers without the required residence permit, they have to notify the police and the border guard.

The Committee emphasizes that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any additional duties that are not aimed at securing the enforcement of the legal provisions relating to conditions of work and the protection of workers should be entrusted to labour inspectors only in so far as they do not risk interfering with the effective discharge of their primary duties or prejudice in any way the authority and impartiality of inspectors. With regard to migrant workers in particular, the Committee emphasized in its 2006 General Survey on labour inspection (paragraph 78) that the primary duty of labour inspectors is to protect workers and not to enforce immigration law and that this objective can only be met if the workers covered are convinced that the primary job of labour inspectors is to ensure the respect for the legislation concerning conditions of work and the protection of workers. The Committee requests that the Government provide information on the measures taken, in conformity with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, and ensure that the duties relating to the enforcement of immigration law entrusted to labour inspectors do not interfere with the effective discharge of their primary duties or prejudice in any way inspectors’ authority and impartiality in their relations with employers and workers.

Noting that the Committee has not provided a reply in this regard, it once again requests that the Government indicate the manner in which the labour inspectorate ensures the enforcement of the employers’ obligations with regard to the rights of migrant workers in an irregular situation, such as the payment of wages and social security benefits for the period of their effective employment relationship, especially in cases where such workers are liable to expulsion from the country; and the number of cases in which workers found to be in an irregular situation have been granted their due rights.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. The Committee previously noted the Government’s indication that the salaries of labour inspectors are now similar to those of other public servants performing analogous inspection activities. In this regard, the Committee notes that the Government specifies that the salaries of the labour inspection staff represent 73 per cent of the salaries of staff in similar positions and 65 per cent of the salaries of workers in general (market level).

The Committee draws the Government’s attention to paragraphs 204 and 209 of the 2006 General Survey on labour inspection, which emphasize that the levels of remuneration and career prospects of inspectors have to be such that high-quality staff are attracted, retained, and protected from any improper influence. The Committee requests that the Government provide information on the measures taken or envisaged to grant labour inspectors appropriate conditions of service, including wages, allowances and career prospects, with a view to attracting suitable candidates, retaining them within the labour inspection services and assuring their independence from undue external influences. In this regard, consideration should be given to review the professional and salary scales of labour inspectors so as to provide them with the same level of remuneration and career prospects as other public servants.

Article 12(1)(a), (b) and (2) of Convention No. 81 and Article 16(1)(a), (b) and (3) of Convention No. 129. Free access of labour inspectors to workplaces liable to inspection at any hour of the day or night without prior notice to carry out investigations. The Committee previously noted that the Government had not provided any reply on how effect is given to Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129, under which inspectors should be entitled to refrain from notifying their presence to the employer or to his or her representative if, in their view, this makes for more effective inspection. In this regard, the Committee noted that the relevant provisions in the national law appeared to require inspections to be performed in the presence of the employer and/or persons authorized by him/her, and that exceptions could only be made in certain events (that is, approval of the employer to conduct an inspection, absence of the representative or employer at the time of the inspection, and inspection without prior notice).

The Committee notes the Government’s indication that the new Law Enforcement Act, which entered into force in July 2014, empowers labour inspectors to enter freely (including without previous notice) any workplace and premises which they may have reasonable cause to believe to be liable to inspection. However, the Committee notes that pursuant to section 50(3) of the Law Enforcement Act, a premise shall be entered, if possible, in the presence of the possessor or another entitled person, and during the period from 7 a.m. to 11 p.m. Moreover, according to this section, business premises shall be entered, if possible, during their business hours. Noting that the Government has not provided a reply in this regard, the Committee once again requests that the Government indicate how effect is given in national law to the requirement in Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129, of leaving it to the decision of labour inspectors not to inform the employer or their representatives of their presence on the occasion of an inspection visit where they consider that such a notification may be prejudicial to the performance of their duties. It also requests that the Government indicate how effect is given to Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129, which requires that labour inspectors have the right to enter at any hour of the day or night any premises liable to inspection where they deem that this is necessary to enforce the application of the labour law provisions.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. The Committee previously noted from the information on the website of the labour inspectorate that statistics are not as reliable as in other European Union Member States and that the actual number of industrial accidents is estimated to be 2.4 times higher than the reported number. In this regard, the Committee previously noted that the notification of occupational accidents had improved, with an increased number of registered accidents following communication activities by the labour inspectorate to enhance awareness among employers and workers. In this regard, the Committee notes from the statistics provided by the Government that the number of occupational accidents reported has further increased from 3,741 in 2011 to 4,635 in 2014, due in particular to an improved reporting of minor occupational accidents in the construction sector.

In relation to occupational diseases, the Committee notes from the 2014 labour inspection report that work-related diseases are to a lesser extent diagnosed than in most other European Union Member States. In this regard, it also notes that the number of occupational diseases reported has decreased from 254 in 2011 to 194 in 2014. It further notes from the same source that according to the risks assessments of the work environment carried out, the most common difficulties are related to the lack of training and instruction of workers, the organization of health examinations and the selection and the appointment of workers involved in occupational safety and health, all of which are measures that are crucial to avoid work accidents and health damage of workers. The Committee requests that the Government continue to provide information on measures taken or envisaged to improve the efficiency of the procedure for the notification of industrial accidents and cases of occupational disease to the labour inspectorate.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual labour inspection reports. The Committee previously noted the great level of detail in the annual labour inspection reports from 2007–11, but emphasized that the annual reports should also contain information on all the subjects covered by Article 21 of Convention No. 81 and Article 27 of Convention No. 129. In this regard, the Committee notes the Government’s indication that to increase compliance with Article 21 of Convention No. 81 and Article 27 of Convention No. 129, as from 2015, information on laws and regulations relevant to the work of the inspection service (Article 21(a) of Convention No. 81 and Article 27(a) of Convention No. 129), the staff of the labour inspection service (Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129) and statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129) will also be included in the annual labour inspection reports. The Committee welcomes this information and trusts that future annual labour inspection reports will contain information on each of the subjects covered by Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129, including statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129).

Issues specifically concerning labour inspection in agriculture

Articles 6(1)(a) and (b), and 15 of Convention No. 129. Enforcement and preventive activities in the field of occupational safety and health in agriculture. Local offices. The Committee previously noted that the highest number of occupational accidents per 100,000 workers was registered in the wood processing sector, and that cases of occupational disease were most diagnosed in the agricultural sector. Having noted the indications on the causes of such accidents and diseases in the labour inspection reports for 2010 and 2011, the Committee requested the Government to provide information on the specific measures carried out by the labour inspectorate in agriculture to prevent them.

In this regard, the Committee notes from the information provided in the Government’s report that, based on risk assessments undertaken in 2014, the agricultural sector was determined to have a risk rate of 15 per cent, which as the Committee understands, will determine the intensity of future inspections in this sector. It also notes from the 2014 labour inspection report that there will be a focus on the wood processing and agricultural sectors in coming years because of the high incidence of occupational accidents and diseases in these sectors. It further notes from this labour inspection report that the labour inspectorate participated in preventive activities such as a major fair on agriculture. While the Committee notes from the above information that agriculture remains a priority sector for labour inspection, it also notes from the information provided by the Government in its report that since September 2014, the labour inspectorate does not have local inspection offices at its disposal any longer. The Committee requests that the Government provide more detailed information on the specific measures carried out by the labour inspection services in agriculture, particularly in areas where shortcomings were detected or identified as the cause of cases of occupational accidents or diseases. It also requests that the Government indicates how inspections in agricultural workplaces are carried out in practice, given that these workplaces are often situated in remote areas, where no local inspection office might be operating.

Article 9(3) of Convention No. 129. Specific skills and training of inspectors for the performance of their duties in agricultural undertakings. The Committee notes the general information provided by the Government on the training provided to labour inspectors. However, it notes that the Government does not provide the requested information on the specific training provided to labour inspectors carrying out inspections in agriculture (including on subjects relating to agriculture, such as chemicals, personal protective equipment, ergonomics and noise). The Committee therefore once again requests that the Government provide information on the frequency, content and number of participants in the training courses provided for labour inspectors in areas particularly relevant to agriculture.

Articles 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services in agriculture. Further to previous comments on this subject, the Committee notes the detailed information in the annual labour inspection reports for 2012, 2013 and 2014. It notes however that these reports still contain no information on all of the subjects set out in Article 27 concerning the activities by labour inspectors in agricultural undertakings, such as statistics of violations and penalties imposed (indent (e)). Welcoming the indication of the Government that some changes that would improve compliance with Article 27 would be introduced in the forthcoming reports, the Committee trusts that future annual reports published by the central authority will contain information on the work of the labour inspection services in agriculture in relation to each of the subjects covered by Article 27(a)–(g), either as a part of the general annual report or as a separate report.