Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Luxembourg

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1958)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2008)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture)in a single comment.

Articles 3(1) and (2) and 5 of Convention No. 81, and Articles 6(1) and (2), 12(1) and 13 of Convention No. 129. Duties of labour inspectors. Monitoring the employment of migrant workers in an irregular situation. In its previous comments, the Committee noted that the Labour and Mining Inspectorate (ITM) was involved in controls for clandestine work and recalled that, in order to be compatible with the objective of protection of labour inspection, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers concerned.

The Committee notes the Government’s indications, in reply to its request, that the role of the ITM is to carry out inspections to monitor the employment of third-country nationals in an irregular situation as regards their residence status, prohibited by section L.572-1 of the Labour Code, in order to protect the rights of migrant workers as resulting from their employment relationship and to sanction employers who do not respect the relevant provisions. The Government indicates that, in accordance with section 572-7 of the Labour Code, the ITM informs the workers of their rights relating to the obligation of the employer to pay them the legal or conventional minimum social wage, and of remedies for violations of conditions of work. It also notes that the ITM ensures that employers pay the wages due to migrant workers, including by issuing administrative fines in the event of non-compliance. Also in reply to the Committee’s requests, the Government indicates that there have not been joint operations with the police and the customs and excise administration in the framework of actions to combat illegal work (“crackdown”) since 2015, but that there are plans to strengthen cooperation between the ITM and these entities. There is already collaboration, for example, in the form of notification, by the police and the customs and excise administration, to the ITM of violations, inter alia, with a view to the regularization of the workers’ situation in relation to their wages, social security contributions and taxes. The Committee requests the Government to provide statistical information on the ITM’s activities in relation to the monitoring of the employment of third-country nationals in an irregular situation as regards their residence status residing illegally in the country and on the cases in which undocumented workers have been granted their due rights as a result of the action taken by labour inspectors.

Article 3(1) and (2) of Convention No. 81, and Article 6(1), (2) and (3) of Convention No. 129. Duties of labour inspectors. The Committee notes the information provided by the Government in reply to its request for clarification on the additional duties of labour inspectors. In this regard, it notes that the Inspection, Control and Surveys (ICE) service, created following the restructuring of the ITM in 2015, is entirely dedicated to the primary functions of labour inspection as set forth in Article 3(1) of Convention No. 81 and Article 6(1) and (2) of Convention No. 129.

Articles 4, 7, 10 and 11 of Convention No. 81, and Articles 7, 9, 14 and 15 of Convention No. 129. Restructuring of the labour inspection system and number of labour inspectors. The Committee notes the detailed information provided by the Government, in reply to its previous request, on the restructuring of the ITM in 2015, including the provision of further training in the “knowledge academy” to all ITM staff. The Committee welcomes the information on the significant increase of budgetary resources allocated to labour inspection over the past five years.

The Committee also notes the information provided by the Government on the reasons for lowering the number of labour inspection staff (from 103 in 2013 to 92 in 2015). The Government indicates that the reduction in the number of ITM staff is essentially linked to retirements, but that some new agents and interns have been recruited (according to the information provided in the annual report of the ITM, the ITM had 117 staff members at the end of 2016). Moreover, the Committee welcomes the Government’s indications that the ITM’s goal is to increase, over the course of the next ten years, the number of staff to at least 200 agents. The Committee requests the Government to continue to provide information on the number of ITM staff, indicating the number of labour inspectors entirely dedicated to the primary functions of labour inspection.

Issues specifically concerning labour inspection in agriculture

Articles 6(1) and (2), 9 and 27 of Convention No. 129. Information on the preventive and supervisory activities of labour inspection in agriculture. In its previous comment, the Committee noted that statistics on the ITM’s activities in agriculture were still not reflected in the annual inspection reports.

The Committee notes the Government’s indications that labour inspections are carried out in all economic sectors and that it is still not possible to provide statistics on the ITN’s activities in agricultural undertakings. In this context, the Committee notes the information provided in the 2016 annual report of the ITM (available on the ITM website) indicating that, in the long term, an approach based on economic sector-specific strategies will be developed. The Committee hopes that the Government will soon be in a position to provide statistical data so that the ITM’s activity in agricultural undertakings can be analysed and statistics on the points provided in Article 27(c) to (g) of Convention No. 129 can be incorporated into the annual report of the ITM. The Committee requests the Government to provide information, where available, on any measures taken or envisaged to develop an inspection strategy for the agricultural sector, including any strategy involving specific training for ITM labour inspectors in agriculture.

Articles 11, 12(1) and 13 of Convention No. 129. Cooperation with the chamber of agriculture and other governmental bodies and collaboration with employers and workers, or their organizations, in agriculture. The Committee notes the information provided by the Government, in reply to its request, indicating that the ITM works closely together with the chambers of agriculture and other institutions (such as agricultural technical secondary schools and agricultural associations) to provide training on prevention for workers and employers, particularly the employees responsible for preventing occupational risks in the undertakings. The Committee also notes the information provided by the Government, in reply to its request, on collaboration between the ITM and the social partners in agriculture.