Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Uruguay (Ratification: 1973)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments

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) together.

The Committee notes the observations of the Ibero–American Confederation of Labour Inspectors (CIIT) concerning both Conventions, received on 31 August 2023, and the Government’s reply thereto.

Legislation. The Committee notes the Government’s indication in its report that, on 16 November 2022, Decree No. 371/022 (Regulation of laws regarding the competence and procedure of the General Labour and Social Security Inspectorate), which repeals Decree No. 680/977 (Regulation of international Conventions Nos 81 and 129, on labour inspection in industry, commerce and agriculture).

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors and labour inspections. Frequency and thoroughness of inspections. With reference to its previous comment, the Committee notes that according to the Government’s indications, in 2023 there were 54 inspectors in the General Labour Conditions (CGT), Division of the General Labour and Social Security Inspectorate (IGTSS) (44 in 2020) and 39 inspectors in the Environmental Working Conditions (CAT) of the IGTSS (58 in 2020). The Committee notes that according to the CIIT, the agreement concluded by the Ministry of Labour and Social Security (MTSS) and the Association of Labour Inspectors of Uruguay (AITU) in 2015 and contained in Decree No. 340/015, which is currently in force, establishes a staffing structure of 66 inspectors in each Division, thus current staff numbers are 32 per cent below the figure established in the agreement. While noting the challenges related to the COVID-19 pandemic, the CIIT also indicates that the current government administration (2020–25) has not made calls for the admission of labour inspectors and that there will probably not be any admissions before the end of this administration. Consequently, the number of inspectors continues to fall and will continue to do so, since, at present, 17 inspectors are over 60 years of age and legally eligible for retirement benefits. The Committee notes the Government’s indication in its reply to the observations of the CIIT that the decrease in the number of inspectors has at no time impaired the effective functioning of the inspection service and that, on the contrary, the activities of the three constituent divisions of the IGTSS have increased in relation to 2019: in 2022, the CGT carried out 16,863 activities (an increase of 38.6 per cent in relation to 2019), the CAT carried out a total of 8,828 activities (+24.3 per cent) and the Legal Division processed 19,387 files (+7.4 per cent). The Government indicates that the MTSS intends to launch a competition immediately to fill the labour inspector vacancies as soon as possible and to create, in September 2023, a joint body constituted by the AITU and the IGTSS for the purpose of establishing, as soon as possible, the most appropriate way to conduct the competitions. The Committee requests the Government to continue to provide information on: (i) progress made in filling vacant posts and the recruitment of new inspectors; and (ii) the number of inspectors in post and the number of sanctioned posts in each division.

The Committee notes that Decree No. 371/022 establishes three inspection methods: the traditional method, which consists of an in-person visit to the workplace; inspection by summons, which entails the parties appearing before the IGTSS; and the use of electronic data verification mechanisms through the documentation or information systems available to the MTSS. The Committee requests the Government to continue to provide information on the number of inspections conducted, disaggregated by inspection method used.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the inspection services. Further to its previous comments, the Committee notes that the Government provides a copy of the IGTSS report for 2022 and a joint publication issued by the Statistical Unit of the MTSS and the IGTSS. The Committee also notes that those documents contain information on the number of inspection visits to enterprises, including agricultural enterprises (Article 21(d) of Convention No. 81 and Article 27(d) of Convention No. 129) and the number of occupational accidents (Article 21(f) of Convention No. 81 and Article 27(f) of Convention No. 129). In this regard, the Committee notes that under strategic objective 3.4 of the Proposed Strategic Plan for the IGTSS 2024-2025, the aim is to enhance the visibility of IGTSS actions through the publication of the MTSS website of the annual report on the work of the inspection services (action no. 3.4.4). The Committee again requests the Government to take the necessary measures to ensure that future annual reports on the inspection services are published and deal with all matters specified in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including those concerning inspection staff (Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129); 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); statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129); and statistics of occupational diseases (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129).

Matters specifically relating to labour inspection in agriculture

Article 9(3). Adequate training for labour inspectors.Further to its previous comments on the specific training provided to labour inspectors in agriculture for the performance of their duties and noting the absence of information in this regard, the Committee once again requests the Government to provide information on the duration and content of the training provided, and on the number of participants. Furthermore, the Committee requests the Government to provide information regarding the specific training available to labour inspectors in order to provide training to employers and workers on proper compliance with Decree No. 321/009 of 9 July 2009 regulating safety and health in agriculture (see section 5 of the Decree).

Article 17 of Convention No. 129. The preventive role of labour inspection. Noting once again the absence of information in this regard, the Committee requests the Government to provide information on the measures adopted by the competent authority to determine the cases and conditions in which labour inspection services in agriculture should be involved in the preventive control of new plant, materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129 below), as well as on the basis of the information at its disposal in 2019.

In order to provide a comprehensive view of issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour inspection: Conventions Nos 81 and 129

Article 6 of Convention No. 81 and Article 8 of Convention No 129. Legal status and conditions of service of labour inspectors. Further to its previous comments, the Committee notes the Government’s indication in its report that coordinators (persons responsible for organizing work teams of inspectors) are public officials and that there are currently five coordinators in the General Working Conditions Division (CGT Division) and another five in the Environmental Working Conditions Division (CAT Division). In this regard, it also notes the Government’s indication that coordinators are labour inspectors who entered service via a competition and that from here they rose to the rank of coordinator (grade 10). The Government explains that labour inspectors enter service at grade 7 or 8, depending on the division to which they are posted, and that grade 12 corresponds to the post of director.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors and labour inspections. Frequency and thoroughness of inspections. The Committee previously noted the reduction in the number of labour inspectors (from 147 in 2011 to 126 in 2013, and to 120 in 2016). With regard to its previous comments, the Committee notes the Government’s indication that in 2019 there were 110 labour inspectors, with 55 assigned to the CGT Division and the other 55 assigned to the CAT Division and that in 2020, there were 102 labour inspectors (44 in the CGT Division and 58 in the CAT Division). The Committee also notes that, according to the information available in the annual reports of the Ministry of Labour and Social Security (Ministry of Labour), the number of labour inspections was 16,155 in 2016 (6,340 by the CAT Division and 9,815 by the CGT Division), 12,746 in 2017 (5,237 by the CAT Division and 7,509 by the CGT Division) and 16,711 in 2018 (5,647 by the CAT Division and 11,064 by the CGT Division). The Committee further notes the Government’s replies to the observations made by the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) concerning the insufficient frequency of labour inspections in agriculture. In this regard, the Committee notes the indication that there have been increases in the number of inspection proceedings, the presence of labour inspectors based in the departments, the number of operations relating to harvesting and the amount of support from Montevideo. The Committee requests the Government to indicate the reasons for the reduction in the number of labour inspectors between 2011 and 2020 and to indicate whether any measures are envisaged to increase the number of staff. It also requests the Government to continue providing information on the number of labour inspectors and to send up-to-date information on the geographical distribution of inspectors and the number of labour inspection operations, differentiating between inspection visits and other inspection activities, and stating the number of inspections in agricultural undertakings. The Committee further requests the Government to include information on labour inspection staff and inspections in future annual reports on the work of the inspection services, in accordance with Article 21(b) and (d) of Convention No. 81 and Article 27(b) and (d) of Convention No. 129.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the inspection services. The Committee notes that the 2018 annual report of the Ministry of Labour (available on its website) contains a chapter on the work of the labour inspection services. The Committee requests the Government to take the necessary steps to ensure that future annual reports on the work of the inspection services deal with all the matters specified in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including with regard to: inspection staff (Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129); 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); statistics of inspection visits (Article 21(d) of Convention No. 81 and Article 27(d) of Convention No. 129); statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129); and statistics of occupational diseases (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129).

Matters specifically relating to labour inspection in agriculture

Articles 17, 18 and 19 of Convention No. 129. Preventive function of labour inspection. Once again noting the absence of information in this respect, the Committee requests the Government to provide information on the measures taken by the competent authority to determine the cases and conditions in which the labour inspection services in agriculture should be associated in the preventive control of new plant, materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in accordance with Article 17 of Convention No. 129.

Article 9(3). Adequate training for labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that all labour inspectors receive ongoing training in their areas of duty and specifically with regard to agriculture. It also notes the Government’s indication that, since the adoption of Decree No. 321/009 regulating safety and health in agriculture, meetings are held and awareness-raising is provided for workers and employers on a tripartite basis. The Committee further notes the information provided by the Government on training for labour inspectors in 2018 and 2019, including the specific themes and areas covered. The Committee requests the Government to provide further information on the training given to labour inspectors for the performance of their duties in agriculture, stating the duration, content and number of participants, and also specific training available to labour inspectors in order to provide awareness-raising for employers and workers under the provisions of section 5 of Decree No. 321/009.

Labour administration: Convention No. 150

Article 4 of the Convention. Structure and operation of the system of labour administration. In its previous comments, the Committee asked the Government to provide information on the repercussions of the structural changes introduced by Decree No. 280/013, approving the plan of the Ministry of Labour to restructure its administration and create new posts, on the organization and efficiency of the operation of the labour administration system. The Committee notes the Government’s indication in this respect that Decree No. 280/013 has made it possible to rationalize and determine the offices necessary for the performance of tasks, and to apply the use of new technologies to Ministry of Labour objectives. In this regard, the Committee notes the information sent by the Government with regard to: (a) the new structure of the Ministry of labour, including its component units and its responsibilities and goals; (b) the introduction of the electronic form in the administrative procedure and the ensuing obligation of employers to create an electronic domicile at the Ministry of Labour; (c) the adoption of regulations regarding the unified work template for employers and workers; (d) the measures taken to facilitate and improve public access to Ministry of Labour processes and services; and (e) the Ministry of Labour strategic guidelines for 2015–20.

Article 5. Consultation, cooperation and negotiation at the regional and local levels. Noting the absence of information in this regard, the Committee once again requests the Government to indicate the measures taken with a view to ensuring, at both the regional and local levels, consultation, cooperation and negotiation between public authorities and the most representative organizations of employers and workers, or their representatives.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour inspection: Conventions Nos 81 and 129

Article 6 of Convention No. 81 and Article 8 of Convention No 129. Legal status and conditions of service of labour inspectors. Further to its previous comments, the Committee notes the Government’s indication in its report that coordinators (persons responsible for organizing work teams of inspectors) are public officials and that there are currently five coordinators in the General Working Conditions Division (CGT Division) and another five in the Environmental Working Conditions Division (CAT Division). In this regard, it also notes the Government’s indication that coordinators are labour inspectors who entered service via a competition and that from here they rose to the rank of coordinator (grade 10). The Government explains that labour inspectors enter service at grade 7 or 8, depending on the division to which they are posted, and that grade 12 corresponds to the post of director.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors and labour inspections. Frequency and thoroughness of inspections. The Committee previously noted the reduction in the number of labour inspectors (from 147 in 2011 to 126 in 2013, and to 120 in 2016). With regard to its previous comments, the Committee notes the Government’s indication that as things stand in 2019 there are 110 labour inspectors, with 55 assigned to the CGT Division and the other 55 assigned to the CAT Division. The Committee also notes that, according to the information available in the annual reports of the Ministry of Labour and Social Security (Ministry of Labour), the number of labour inspections was 16,155 in 2016 (6,340 by the CAT Division and 9,815 by the CGT Division), 12,746 in 2017 (5,237 by the CAT Division and 7,509 by the CGT Division) and 16,711 in 2018 (5,647 by the CAT Division and 11,064 by the CGT Division). The Committee further notes the Government’s replies to the observations made by the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) concerning the insufficient frequency of labour inspections in agriculture. In this regard, the Committee notes the indication that there have been increases in the number of inspection proceedings, the presence of labour inspectors based in the departments, the number of operations relating to harvesting and the amount of support from Montevideo.

The Committee requests the Government to indicate the reasons for the reduction in the number of labour inspectors between 2011 and 2019 and to indicate whether any measures are envisaged to increase the number of staff. It also requests the Government to continue providing information on the number of labour inspectors and to send up-to-date information on the geographical distribution of inspectors and the number of labour inspection operations, differentiating between inspection visits and other inspection activities, and stating the number of inspections in agricultural undertakings. The Committee further requests the Government to include information on labour inspection staff and inspections in future annual reports on the work of the inspection services, in accordance with Article 21(b) and (d) of Convention No. 81 and Article 27(b) and (d) of Convention No. 129.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the inspection services. The Committee notes that the 2018 annual report of the Ministry of Labour (available on its website) contains a chapter on the work of the labour inspection services. The Committee requests the Government to take the necessary steps to ensure that future annual reports on the work of the inspection services deal with all the matters specified in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including with regard to: inspection staff (Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129); 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); statistics of inspection visits (Article 21(d) of Convention No. 81 and Article 27(d) of Convention No. 129); statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129); and statistics of occupational diseases (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129).

Matters specifically relating to labour inspection in agriculture

Articles 17, 18 and 19 of Convention No. 129. Preventive function of labour inspection. Once again noting the absence of information in this respect, the Committee requests the Government to provide information on the measures taken by the competent authority to determine the cases and conditions in which the labour inspection services in agriculture should be associated in the preventive control of new plant, materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in accordance with Article 17 of Convention No. 129.

Article 9(3). Adequate training for labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that all labour inspectors receive ongoing training in their areas of duty and specifically with regard to agriculture. It also notes the Government’s indication that, since the adoption of Decree No. 321/009 regulating safety and health in agriculture, meetings are held and awareness-raising is provided for workers and employers on a tripartite basis. The Committee further notes the information provided by the Government on training for labour inspectors in 2018 and 2019, including the specific themes and areas covered. The Committee requests the Government to provide further information on the training given to labour inspectors for the performance of their duties in agriculture, stating the duration, content and number of participants, and also specific training available to labour inspectors in order to provide awareness-raising for employers and workers under the provisions of section 5 of Decree No. 321/009.

Labour administration: Convention No. 150

Article 4 of the Convention. Structure and operation of the system of labour administration. In its previous comments, the Committee asked the Government to provide information on the repercussions of the structural changes introduced by Decree No. 280/013, approving the plan of the Ministry of Labour to restructure its administration and create new posts, on the organization and efficiency of the operation of the labour administration system. The Committee notes the Government’s indication in this respect that Decree No. 280/013 has made it possible to rationalize and determine the offices necessary for the performance of tasks, and to apply the use of new technologies to Ministry of Labour objectives. In this regard, the Committee notes the information sent by the Government with regard to: (a) the new structure of the Ministry of labour, including its component units and its responsibilities and goals; (b) the introduction of the electronic form in the administrative procedure and the ensuing obligation of employers to create an electronic domicile at the Ministry of Labour; (c) the adoption of regulations regarding the unified work template for employers and workers; (d) the measures taken to facilitate and improve public access to Ministry of Labour processes and services; and (e) the Ministry of Labour strategic guidelines for 2015–20.

Article 5. Consultation, cooperation and negotiation at the regional and local levels. Noting the absence of information in this regard, the Committee once again requests the Government to indicate the measures taken with a view to ensuring, at both the regional and local levels, consultation, cooperation and negotiation between public authorities and the most representative organizations of employers and workers, or their representatives.

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

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) together.

The Committee notes the observations made by the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) transmitted by the Government.

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Functions of labour inspectors in the area of undeclared work. The Committee previously noted the information provided by the Government on labour inclusion and formalization efforts, including through the extension of social security protection to certain workers. The Committee notes with interest the indications of the Government that in almost all cases where foreign workers were detected during labour inspections without the required documentation, they were subsequently registered with social security, and that where these workers had left the country, they were paid the outstanding benefits resulting from their employment relationship.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. The Committee previously noted that the posts of coordinators (persons responsible for organizing work teams of inspectors) are filled by direct appointment (and not by competition), and that these posts are not part of the public administration, nor do they have disciplinary authority. The Committee also noted the observations made by the Latin-American Confederation of Labour Inspectors (CIIT) that such appointments did not take account of the careers of inspectors of a higher rank. The Committee notes from the information provided in the 2016 annual report of the Ministry of Labour and Social Security that ten labour inspectors were promoted through competition to the function of coordinators. The Committee requests the Government to provide information on whether coordinators now have the status of public servants. It requests the Government to describe the different positions in the career structure of labour inspectors, as well as the prospects for promotion and stability of employment for labour inspectors.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training for labour inspection staff. The Committee notes the information provided by the Government in response to its previous request concerning the training of labour inspectors, including the subjects covered. It also notes that the PIT–CNT welcomes the continuous training of labour inspectors. Noting an absence of information in this respect, the Committee once again requests the Government to provide information on the training given to labour inspectors with respect to the performance of their duties in agriculture.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors and labour inspections. Role of labour inspection in agriculture with regard to safety and health. The Committee previously noted a reduction in the number of labour inspector positions from 147 in 2011 to 126 in 2013 (62 in the area of working conditions and 64 in the area of occupational safety and health (OSH)). In this respect, the Committee notes that the Government indicates, in response to the Committee’s previous request, that in 2016 there were approximately 120 labour inspectors (about 60 in the area of working conditions and about 60 in the area of OSH), but that new posts have been created since that time. The Committee also notes the observations made by the PIT–CNT noting a significant increase in the number of labour inspectors.

The Committee further notes the reference of the PIT–CNT to difficulties concerning the conduct of labour inspections in certain areas, including forestry, commerce and supermarkets, and the response time to complaints made by workers’ organizations. Moreover, according to the PIT–CNT, labour inspections in agriculture are not undertaken with sufficient frequency, and while Ministerial Decree No. 321/09 governs OSH in agriculture, there is insufficient monitoring to ensure its application in practice. The Committee notes the Government’s indication, in its report on the application of Convention No. 129, that the application of the abovementioned Decree is currently being discussed in a tripartite manner. The Committee requests the Government to specify the exact number of public servants performing labour inspection duties following the competitions held, including different titles or positions where applicable and to include this information in the annual labour inspection reports, as required by Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129. The Committee requests the Government to provide its comments regarding the observations made by the PIT–CNT on the insufficient frequency of labour inspections in agriculture, and to provide information on any measures taken following the tripartite discussions on the effective application in practice of Ministerial Decree No. 321/09.

Article 11 of Convention No. 81 and Article 15 of Convention No. 129. Conditions of work of labour inspectors. The Committee previously noted the information concerning the improvement and expansion of the premises of inspection services, the purchase of furniture and equipment, as well as the computer equipment and transport equipment that was to be made available to labour inspectors. In this respect, the Committee also notes that the CIIT welcomes the improvement in the working conditions of labour inspectors, including equipment and transport facilities.

Articles 13, 17 and 18 of Convention No. 81 and Articles 6(1)(a) and (b), 17, 18 and 19 of Convention No. 129. Preventive function of labour inspection and effective application of legal provisions. The Committee notes the statistics contained in the Government’s report, in reply to the Committee’s previous request on the preventive and enforcement activities undertaken by the labour inspectorate, including the preventive closure of workplaces and infringements detected by economic sector. Noting an absence of information in this respect, the Committee once again requests the Government to provide information on the measures taken by the competent authority to determine the cases and conditions in which the labour inspection services in agriculture should be associated in the preventive control of new plant, materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in accordance with Article 17 of Convention No. 129.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual inspection report. The Committee notes the statistical information provided in the Government’s reports concerning 2011 and 2015 (number of labour inspection visits, violations detected and total amount of penalties imposed). The Committee also notes that the 2016 annual report of the Ministry of Labour and Social Security (available on the Ministry’s website) contains a chapter on the activities of the labour inspection services, with similar information. The Committee notes the information in the Government’s report that a unified work register on enterprises and workers was established. The Committee also notes the detailed statistics on occupational accidents and diseases from 2014–16 in the report of the Ministry of Labour and Social Security entitled “Study on Labour and Social Security”. In view of the information available, the Committee requests the Government to regularly communicate to the ILO a report on the work of the labour inspection services, and to ensure that such reports contain information on all the subjects listed under Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Articles 3 and 6 of Convention No. 129. Functions of the labour inspection system in agriculture. The Committee notes the Government’s indication, in response to the Committee’s previous request, concerning the establishment of a rural unit to deal with the specific issues of rural workers.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

With reference to its observation, the Committee wishes to raise the following additional points.

Article 9(3) of the Convention. Training of labour inspectors in agriculture in the course of their employment. The Committee requests the Government to provide information on the training given to labour inspectors in agriculture for the performance of their duties during the period covered by the next report. The Government is requested to indicate the frequency of the training, type of activity (seminar, workshop, etc.), duration, training body, number of participating inspectors and subjects covered.

Articles 12(1) and 6(1) and (2). Cooperation between the labour inspection services and other government services with a view to risk prevention in agriculture. In the comments that it has been making since 2007, the Committee has been asking the Government to send a copy of the full report on risk identification and prevention in the livestock farming sector prepared by the labour inspectorate in 2006 for the specialist departments of the Ministry of Livestock Farming, Agriculture and Fisheries. The Committee hopes that the Government will send a copy of the abovementioned report with its next report on the Convention. The Committee also requests the Government once again to provide detailed information on the impact of the actions aimed at the prevention of brucellosis implemented by the labour inspectorate in conjunction with the Ministry of Public Health, the Ministry of Livestock Farming, Agriculture and Fisheries, and the State Insurance Bank, which the Government referred to in its previous report.

Articles 26 and 27. Annual inspection report. The Committee notes the document relating to the work of the labour inspectorate in 2012. It requests the Government to send the ILO a copy of the 2011 annual report containing information on inspection activities in agriculture, and to ensure that annual reports on the work of the inspection services in agriculture, either as a separate report or as part of a general report, are sent to the ILO on a regular basis and that they contain information on all the subjects listed in Article 27.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee refers to its comments relating to the Labour Inspection Convention, 1947 (No. 81), in so far as they also concern the application of the present Convention.

The Committee notes the Government’s report, the observations from the Latin American Confederation of Labour Inspectors (CIIT), dated 14 November 2012, and the Government’s reply thereto, dated 15 March 2013.

Articles 3 and 6 of the Convention. Functions of the labour inspection system in agriculture. According to the CIIT, the Government has announced in the media and through a press conference the setting up of a rural unit to deal with the specific issues of rural workers with regard to labour, employment and social security, with a view to ensuring observance of the rights and obligations deriving from the legislation in force. The first task of the unit will be to organize an awareness-raising campaign on the rights and obligations of rural workers. The CIIT considers that the duties to be performed by this unit will overlap with, or replace, those to be performed by labour inspectors.

The Government expresses surprise at the CIIT’s comments since it claims that issues relating to this unit have been the subject of discussions with the Uruguayan Association of Labour Inspectors (AITU). It explains that the duties of this unit will not overlap with, or replace, the areas of competence and work of the various operational units of the Ministry of Labour but, on the contrary, will be incorporated into the labour inspectorate. No decision has been taken and no measure has been implemented implying any replacement of, or operation alongside, labour inspection duties. According to the Government, this is a sphere of coordination aimed at achieving institutional synergies to ensure observance of the rights of workers. The Committee requests the Government to send detailed information on this project, including, if applicable, any document relating to the new rural unit, its tasks and its mode of operation in relation to the various units within the structure of the Ministry of Labour. The Government is also requested to supply information on the impact of these activities on achieving the objectives of the Convention.

Articles 6(1)(a) and (b), 17, 18 and 19. Role of labour inspection in agriculture with regard to safety and health. In reply to the Committee’s previous comments on occupational accidents in agriculture, the Government states that dissemination of the legislation, particularly Decree No. 321/2009, and awareness raising for workers in the sector, are implemented through periodic visits during which leaflets and copies of the legal provisions are distributed, and also through the promotion of social dialogue. The Government also explains that daily inspections take place in the sector with a view to reducing the number of accidents and enforcing the legislation. While duly noting this information, the Committee again requests the Government to ensure that measures are taken quickly by the competent authority to determine the cases and conditions in which the labour inspection services in agriculture should be associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. The Committee also requests the Government to keep the ILO informed of any new developments in this regard and to send copies of any relevant legislative text, once it has been adopted.

The Committee further requests the Government to include statistical information in its next report on any measures taken in accordance with Article 18 of the Convention, and on any infringements reported by labour inspectors in agriculture (specifying the relevant legislative provisions) and the penalties imposed.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Referring to its observation, the Committee also wishes to raise the following points.

Article 9(3) of the Convention. Training of labour inspectors in agriculture in the course of their employment. The Committee previously noted that inspectors had received training on risk prevention in the forestry sector. The Committee requests the Government once again to state the number of inspectors in agriculture who have participated in this training in the various regions of the country.

Articles 12(1) and 6(1) and (2). Cooperation between the labour inspection services and other government services with a view to risk prevention in agriculture. The Committee previously noted that the labour inspectorate-general prepared a full report in 2006, for the specialist departments of the Ministry of Livestock Farming, Agriculture and Fisheries, on risk identification and prevention in the livestock farming sector. The Committee again requests the Government to send a copy of the full report.

The Committee also notes with interest that joint actions have been implemented by the labour inspectorate-general, the Ministry of Public Health, the Ministry of Livestock Farming, Agriculture and Fisheries, and the State Insurance Bank, aimed at the prevention of brucellosis. It further notes the establishment of an inter-institutional working group which has worked on the implementation of information activities for workers with regard to this disease and its prevention. It further notes the cooperation between labour inspectors from the division dealing with the environmental conditions of labour and the Ministry of Livestock Farming, Agriculture and Fisheries as regards the implementation of training days. The Committee requests the Government to send information on the impact of the joint actions and training days referred to above on the objective of the Convention.

Article 15(b). Transport facilities available to labour inspectors in agriculture for their duty travel. The Committee notes with interest the indication that the Ministry of Labour is planning to purchase more vehicles for use by labour inspectors and that the budget allocations for travel expenses have been considerably increased. The Committee requests the Government to continue to supply information on the changes regarding transport facilities available to labour inspectors in agriculture.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 6(1)(a) and (b), 17, 18 and 19 of the Convention. Role of labour inspection in agriculture with regard to safety and health. The Committee notes with concern the information sent by the Government, to the effect that agriculture is the sector with the second highest rate, after the industrial sector, of occupational accidents in the country and that these accidents represent 20 per cent of the total number of accidents into which investigations have been launched. According to the Government, the main causes of accidents in agriculture include the use of machinery without the necessary safety devices, problems in electrical installations, the use of chemicals without any proper planning of risk prevention, lack of training for workers and lack of personal protective equipment. Referring to its previous comments on this subject, the Committee stresses the need to associate labour inspectors in agriculture in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in accordance with Article 17 of the Convention. It invites the Government to refer in this regard to the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), as regards the possible association of the labour inspectorate in preventive controls by means of prior consultation on the putting into operation of such plant, materials or substances, and methods, and on the plans of any plant in which dangerous machines or unhealthy or dangerous work processes are to be used (Paragraph 11). The Committee also draws the Government’s attention to the measures envisaged in the Recommendation with a view to undertaking education campaigns for employers and workers in agriculture, such as the use of the services of rural promoters or instructors; the distribution of posters, pamphlets, periodicals and newspapers; the organization of film shows, and radio and television broadcasts; arrangements for exhibitions and practical demonstrations on hygiene and safety and any other appropriate subjects in the teaching programmes of rural schools and agricultural schools; the organization of conferences for persons working in agriculture who are affected by the introduction of new working methods or of new materials or substances; the participation of labour inspectors in agriculture in workers’ education programmes; and the organization of lectures, debates, seminars and competitions with prizes (Paragraph 14). The Committee therefore requests the Government to ensure that measures are taken quickly by the competent authority to determine the cases and conditions in which the labour inspection services in agriculture should be associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. It also requests the Government to take steps to ensure the mobilization of the resources needed to eliminate the most frequent causes of occupational accidents in agriculture, as referred to above, including the provision by labour inspectors of relevant technical information and advice to employers and workers. The Committee also requests the Government to provide information on any measures taken or contemplated in this respect, and to send copies of any legislative text which has been adopted or any draft in this area.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report does not reply to some of its previous comments. The Committee hopes that information will be supplied for examination by the Committee at its next session on the following matters raised in its previous direct request:

Repetition

Article 9(3). Training of labour inspectors in agriculture in the course of their employment. The Government points out the joint participation of work environment professionals, magistrates and representatives of the General Inspectorate of Labour and Social Security (IGTSS) in days devoted to examining the issue of limiting the working day of forestry workers. The Committee notes this information and once again requests the Government to provide further information on the participation of labour inspectors in agriculture in the various regions of the country in training sessions on risk prevention in the forestry sector.

Article 12(1). Cooperation between the labour inspection services and other government services with a view to preventing risks in the agricultural sector. Further to its previous comments, the Committee once again requests the Government to provide the comprehensive report mentioned in its 2007 report on risk identification and preventive measures in stock raising.

Article 17. Association of labour inspectors with the preventive control of agricultural undertakings. The Committee once again requests the Government to ensure that the competent authority determines the cases and the conditions in which inspectors are to be associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. It requests it to keep the ILO informed of any developments in this regard and to provide a copy of any relevant texts or documentation.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

With reference to its observation, the Committee draws the Government’s attention to the following points.

Articles 6 and 13 of the Convention and Paragraph 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133). Educational activities relating to occupational hazards in agriculture. The Committee notes with interest that inspectors have provided agricultural workers with training on risk prevention in the agro-industrial sector and employers and workers with training on occupational hazards on sugar cane plantations and in other activities. It also notes with interest that during inspections they have distributed educational booklets on Decree No. 321/009 concerning the health and safety of agricultural workers and on the specific hazards linked to the use of pesticides. The Committee hopes that the Government will continue promoting measures aimed at establishing a culture of prevention in agricultural undertakings and that it will keep the ILO informed on a regular basis.

Article 9, paragraph 3. Training of labour inspectors in agriculture in the course of their employment. The Government points out the joint participation of work environment professionals, magistrates and representatives of the General Inspectorate of Labour and Social Security (IGTSS) in days devoted to examining the issue of limiting the working day of forestry workers. The Committee notes this information and once again requests the Government to provide further information on the participation of labour inspectors in agriculture in the various regions of the country in training sessions on risk prevention in the forestry sector.

Article 12, paragraph 1. Cooperation between the labour inspection services and other government services with a view to preventing risks in the agricultural sector. Further to its previous comments, the Committee once again requests the Government to provide the comprehensive report mentioned in its 2007 report on risk identification and preventive measures in stock raising.

Article 17. Association of labour inspectors with the preventive control of agricultural undertakings. The Committee once again requests the Government to ensure that the competent authority determines the cases and the conditions in which inspectors are to be associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. It requests it to keep the ILO informed of any developments in this regard and to provide a copy of any relevant texts or documentation.

Articles 26 and 27. Annual report on the work of the inspection services in agriculture. Noting the inclusion in the IGTSS’s annual report of some information relating to inspection activities in agriculture, the Committee once again reminds the Government that information and statistics on each of the subjects listed in Article 27 are to be published and transmitted to the ILO, as required by Article 26, either as a separate report or as part of a general report. Consequently, the Committee urges the Government to take prompt measures to give full effect in practice to the above provisions specifically concerning labour inspection in agriculture, in order to allow it to assess the degree of application of the Convention.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report received by the ILO on 1 October 2009 in reply to its previous observations, the annual reports of the General Labour and Social Security Inspectorate for 2007 and 2008, as well as the observations made in 2008 by the Latin American Confederation of Labour Inspectors (CIIT) on matters partly raised in its previous comments. The Committee also notes the legislative texts and documents attached to the report.

Referring to its observation concerning the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide the information requested in its next report, in so far as it relates specifically to labour inspection in agriculture.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee refers the Government to its observation and would be grateful if it would provide additional information on the following matters.

Article 9, paragraph 3, of the Convention. In-service training for labour inspectors in agriculture. The Committee notes with interest that with support from the ILO, a course on the Safety and Health in Agriculture Convention, 2001 (No. 184), was organized for labour inspectors and that there are to be courses on legislation shortly to be adopted in order to facilitate the implementation of the Convention. It also notes that inspectors attended general courses on the safety of machinery and ergonomic risks, as well as training on risk prevention in the forestry sector. The Committee would be grateful if the Government would provide information on the proportion of the inspectors who participated in the above courses and training, and their distribution as regards predominantly agricultural areas.

Article 12, paragraph 1. Cooperation between the inspection services and other government services with a view to preventing risks in the agricultural sector. The Committee notes with interest that frequent contact is maintained between the inspection services and the Ministry of Stockraising, Agriculture and Fishing, and that in 2006 the General Labour Inspectorate produced a comprehensive report for the Ministry’s specialized services on risk identification and preventive measures in stockraising. The Committee would be grateful if the Government would provide a copy of the abovementioned report.

Article 13. Collaboration between the labour inspectorate in agriculture and the social partners. The Committee notes with interest that bipartite meetings have been held with workers in the agricultural sector in anticipation of an inspection campaign in the north of the country to identify wage-related issues and seek permanent solutions, particularly for cane sugar workers. The Government indicates that there are to be courses for workers and employers on their rights and on the legislation in force. The Committee requests the Government to provide details of the content of the discussions that took place in the abovementioned meetings, and on the outcome of the meetings.

Article 17. Associating labour inspectors in preventive control in agricultural undertakings. The Government states that although labour inspectors are responsible for application of the existing legislation, the National Directorate of Firefighters and the National Directorate of the Environment give prior advice about new processes and new machines. The Committee would be grateful if the Government would take measures to ensure that the competent authority determines the cases and the conditions in which labour inspectors are associated with the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in accordance with this provision of the Convention. The Government is asked to provide information on any developments in this respect.

Articles 26 and 27. Annual report on the work of the inspection services in agriculture. The Committee refers the Government to its comments on this point in its direct request on Convention No. 81, and hopes that the Government will ensure that an annual report on the work of the labour inspection services in agriculture is published by the central authority, in accordance with Article 26, either as a separate report or as part of the general annual report. It hopes that the report will contain the information required by clauses (a) to (g) of Article 27 and that a copy will be duly sent to the ILO.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s report, the additional information sent subsequently, the annual report of the General and Social Security Inspectorate for 2006, and Decree No. 108/007. It also notes that on 3 September 2007 the Government communicated observations made by the Inter-Union Assembly of Workers – National Convention of Workers (PIT-CNT) on the application of the Convention.

1. Articles 14, 15, 17, 18, 19, paragraph 2, and 21 of the Convention. Need to increase the strength of the inspectorate staff and improve its qualifications, and to provide it with adequate resources and transport facilities. The Committee notes that the observations by the PIT-CNT largely reiterate the comments it made in 2005. According to the PIT-CNT, although there have recently been some developments for the improvement of human and material resources, in the agricultural sector supervision is still insufficient in safety and health, and the sector as a whole is characterized by widespread non-observance of the labour legislation and a high rate of occupational accidents. The PIT-CNT stresses the need to provide the inspection services in agriculture with more staff, particularly specialists in safety and health, and adequate transport facilities for inspectors to travel to areas that are difficult to reach. In the Committee’s view, the PIT-CNT’s observations are justified, particularly as regards the specific risks to which agricultural work exposes not only workers and members of their families living at the workplace, but also the environment and neighbouring communities. Consequently, the Committee refers the Government to its comments under Convention No. 81 on the development of human resources and the condition of work of the labour inspectors, and would be grateful if the Government would provide information on the effects of such development on the volume and quality of inspection work in agricultural undertakings, particularly in the area of occupational safety and health.

2. Articles 12 and 27(c), (f) and (g). Cooperation between the inspection services and other government bodies. Further to its comments under Convention No. 81, the Committee takes note of Decree No. 108/007 requiring all employers to keep and register a number of documents that are of use in the inspectorate’s follow up of undertakings. It asks the Government to provide information on any measures taken to apply the Decree to agricultural undertakings and on any difficulties encountered.

It would also be grateful if the Government would report on the progress made in the setting up of a single window common to the tax, social security and labour inspection authorities for the registration and monitoring of undertakings, and on the impact of these developments on the agricultural sector in terms of the requirements of the Convention.

Noting the Government’s statement that the “Chameleon” project, under which any enterprises failing to comply with statutory wages will be identified, and that this will trigger the labour inspectorate’s supervisory machinery, the Committee would be grateful if the Government would provide informations on any developments in this respect, especially as concerns the project’s objectives in relation to the working of the labour inspection services in agriculture.

The Committee is addressing a request on other matters directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

With reference to its observation, the Committee notes that, according to the Government, the sugar cane sector is engaged in the process of negotiating a collective agreement. It requests the Government to keep the Office informed of any developments in this respect and to provide a copy of any new text adopted.

The Committee notes that a Bill on labour solidarity intended to promote a responsible attitude by the principal enterprises that subcontract services from other enterprises so as to reduce clandestine work and the abuses inherent in subcontracting, particularly in forestry, services and security firms, is currently being examined by Parliament. The Committee requests the Government to keep the ILO informed of developments concerning this text and to provide, where appropriate, any relevant text.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee notes the Government’s report for the period ending 31 May 2005, the Decree of 16 March 2005 establishing the National Advisory Council for Labour Inspection Policy, Decree No. 186/004 of 8 June 2004 on the principle of proportionality in the penalties applicable for violations of labour legislation, Decree No. 67/99 on the allocation of travel expenses for officials in the central administration, and the tables on the distribution of costs between labour inspection activities during the year 2004.

The Committee also notes the observation made by the Inter-Union Assembly of Workers – National Convention of Workers (PIT-CNT), which was forwarded to the Government on 20 September 2005. Noting the recent change of Government and the new conception of industrial relations, the PIT-CNT hopes that the means of action of the labour inspectorate will soon be strengthened so as to improve the application of the Convention. From its viewpoint, the high incidence of employment accidents in agriculture is attributable to the generalized failure to comply with the labour legislation in rural areas, which is abetted by the inadequacy of the number of inspectors specializing in safety and health in agriculture, and particularly of transport facilities allowing inspectors to travel to workplaces, which are often difficult of access, such as rice farms and orange plantations.

1. Articles 12 and 27(c), (f) and (g) of the Convention. Effective cooperation between inspection services and the taxation and social security authorities with a view to the registration of agricultural undertakings liable to labour inspection. With reference to paragraphs 154 to 162 of its 2006 General Survey on labour inspection concerning the need for cooperation between inspection services and other approved public bodies and institutions with a view to establishing an effective system of inspection, the Committee notes with satisfaction that a one-stop system for the registration of enterprises is being established. The Committee hopes that the existence of a one-stop system common to the taxation, social security and labour inspection services for the registration and monitoring of enterprises will finally enable the central inspection authority to compile reliable information on the enterprises liable to inspection, the number and categories of workers engaged therein, occupational accidents and cases of occupational diseases, including their causes (Article 27(c), (f) and (g)).

2. Articles 14, 15 and 21. Resources of the labour inspection services and frequency of inspections. With reference to its previous observation and to the comments of the PIT-CNT concerning the shortcomings of the labour inspectorate in the field of occupational safety and health in agriculture, the Committee notes with interest, with regard to human resources, that the need for 40 new inspectors specially intended for occupational safety and health inspections throughout the economy has been included in the budget forecasts of the Ministry. Moreover, a competition should result in the appointment in the near future of 15 inspectors for general labour conditions and, with a view to improving the performance of inspectors and accelerating their impact, it is envisaged to recruit ten jurists and over 20 administrative officials.

The Committee also notes with interest that the number of vehicles available to the inspection services has been doubled, rising from four to eight vehicles, and that it is planned to further increase the number through the purchase during the course of the year of four four-wheel-drive vehicles to facilitate travel by inspectors to remote agricultural workplaces. With reference to its previous comments, the Committee notes with interest that forestry, rice, citrus fruit and sugar-cane plantations are now covered by programmed inspections, not only in relation to general conditions of work, but also working environment conditions. The Committee hopes that the objectives of strengthening the human and material resources and transport facilities of the labour inspectorate will soon be achieved and that their translation into practice will have the effect of improving the level of compliance with the legislation in the agricultural sector. It requests the Government to keep the ILO informed of any progress achieved in this respect, and particularly to indicate the measures adopted for the establishment of a one-stop system for the registration of enterprises, the establishment and continuous updating of a register of agricultural undertakings so as to enable the labour inspectorate to identify needs more effectively and establish a programme of inspections covering all the fields within its competence and all categories of agricultural undertakings throughout the territory, and to plan its implementation.

3. Article 24. Adequate and effectively enforced penalties. With reference to its previous comments, the Committee notes with interest the provisions of Decree No. 186/004 of 8 June 2004, issued under Law No. 15.903 of 10 November 1987, under which the penalties applicable to those committing violations of the labour legislation shall be established according to the degree of gravity of the infringement, which is defined taking into account a number of criteria, such as negligence, intent, the number of workers affected, repeated failure to comply with orders and the prejudice caused. With regard to occupational safety and health, the penalties shall be determined taking into account, among other factors, the permanent or temporary nature of the risk, the protection measures and devices established by the employer, and training and requirements relating to prevention against occupational risks. The Committee requests the Government to provide data to the ILO in its next report on the effect given in practice to the provisions of this text, particularly in the agricultural sector.

4. Articles 26 and 27. Annual report. With reference to its comments under Articles 20 and 21 of the Labour Inspection Convention, 1947 (No. 81), the Committee would be grateful if the Government would ensure that information specifically covering inspection activities in agricultural undertakings is published and communicated to the ILO on an annual basis, either as a separate report or as part of an inspection report covering other economic sectors.

The Committee is addressing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee refers the Government to its observation and draws its attention to the following matters.

Article 24 of the Convention. Noting that the amount of the fines imposed for breach of the labour legislation is set and adjusted by law, and that the relevant law in force is Act No. 15.903 of 10 November 1987, the Committee wishes to point out the advisability of having a regulatory procedure for adjusting fines which is more expeditious and hence better able to ensure that fines are adapted to the monetary situation and so remain adequate, as required by this provision of the Convention. It would be grateful if the Government would give consideration to this possibility and would keep the Office informed of any developments in this respect.

Articles 26 and 27. With reference to its previous comments, the Committee notes that no annual inspection report has been published for ten years. It points out that such a report, containing the information required by Article 27, is an essential tool for an assessment, both nationally by the Government and the social partners and internationally by the ILO’s supervisory bodies, of the extent to which the Convention is applied. The Committee therefore requests the Government to take prompt measures to ensure that the central inspection authority for agriculture fulfils its obligation to publish an annual report within the period established in and in accordance with Article 26.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report, the documents appended thereto and the replies to its previous comments, particularly those concerning the points raised in the observations made by the Inter-Trade Union Assembly - Workers’ National Convention (PIT-CNT) sent to the Office on 30 September 2002. The Committee also notes that the above organization noted, in an observation on the application of Convention No. 81, received at the Office on 14 October 2003, that there were serious reasons for concern at the effects of the lack of human resources in the labour inspectorate on the number and frequency of inspection visits to monitor workers’ safety and health in forestry estates, where working conditions, according to the above organization, are akin to conditions of slavery.

1. Conditions of service and status of labour inspectors. With reference to its previous comments and the comments of the Conference Committee in 2002 concerning the application of Convention No. 81, the Committee requests the Government to refer to its observation under Article 3, paragraphs 2 and 6, which correspond to Article 6, paragraphs 3 and 8, of this Convention.

2. Human resources, transport facilities, number and frequency of inspections (Articles 14, 15 and 21). The Committee notes that, according to the information supplied in the Government’s report for 2002, the human resources have been bolstered by 11 new labour inspectors and an additional vehicle has been acquired for use in the outskirts of the capital and in the provinces, and that the use of public transport in the capital is free of charge for inspectors on duty travel. It further notes that, according to the Government, all expenses and travel costs required for inspection visits are refunded to inspectors pursuant to Decree No. 67/999. The Committee notes from the same report that visits to inspect general conditions of work are carried out automatically in accordance with a pre-established programme based on the characteristics of each area, in the event of a complaint or when sugar-cane is harvested. Visits to inspect environmental working conditions are not scheduled and are as a rule carried out on an ad hoc basis in rice plantations and forestry estates. Referring to the PIT-CNT’s observation on this point, and noting that the Government does not provide complete information on inspection activities in agricultural enterprises, the Committee would be grateful if the Government would indicate the number of agricultural enterprises liable to labour inspection, the number of workers they employ and the number of inspections carried out in them by type and by occupation.

In view of the particularities of the work force employed in forestry estates and the inherent danger in the tasks performed, the Committee notes with interest that in 2000 and 2001 labour inspectors received training with a focus on Decree No. 372/999 regulating working conditions in respect of occupational safety, health and hygiene in the forestry sector. The Committee hopes that the inspectorate will make use of this training in the preventive services it provides to employers and workers. It nonetheless draws the Government’s attention to the need to take measures to establish a system for enforcing legal provisions on working conditions in general, and particularly those on workers’ health and safety, in all agricultural enterprises, as defined in Article 1 of the Convention; and to make the financial authorities aware of these matters when the next national budget is drafted. It trusts that as a result of such measures human and material resources will be suitably strengthened to ensure a substantial increase in the number and frequency of inspections in agricultural enterprises. It requests the Government to provide information on any developments in this respect, reporting any difficulties encountered.

The Committee is requested to provide in full the text of Decree No. 67/999, concerning the allocation of travel allowances to labour inspectors, mentioned in the report for 2000.

The Committee is addressing a request directly to the Government on other matters.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report, its replies to previous observations, and the documents supplied with its report.  The Committee also notes the observations of the National Workers’ Convention (PIT-CNT), which were transmitted by the Government on 30 September 2002. The Committee notes that the observations of the PIT-CNT concern questions examined in its previous observations and on which the Government has communicated information in its report.

The Government is asked to communicate additional information regarding certain points raised by the PIT-CNT for examination by  the Committee at its next session.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report and the attached documents. It notes Decree No. 372 of 26 November 1999 regulating conditions of employment in regard to occupational safety, hygiene and health in the forestry sector. Noting the information that section 289 of Act No. 15 on penalties applicable to violation of the legal provisions relating to work was amended by section 412 of Act No. 16-736 of 5 January 1996, the Committee requests the Government to also supply a copy of this text.

Article 6 of the Convention.  Noting that labour inspectors in agriculture perform the same duties as those assigned to them in other sectors, the Committee would be grateful if the Government would indicate whether, as provided by Article 6(2), it is envisaged to give them, in agriculture, advisory or enforcement functions regarding legal provisions relating to the living conditions of workers and their families.

Article 10.  The Committee would be grateful if the Government would indicate whether special duties are assigned to women inspectors as provided in this Article and, if so, in what particular spheres.

Articles 26 and 27.  The Committee notes the statistical data on inspection visits and the number of workers covered for 1996 and 1997 by sector of activity. It notes, however, that the last annual inspection report supplied to the ILO concerns the year 1992. The Government is requested to indicate whether annual reports on the work of the inspection services in agriculture, with the form and content prescribed in the provisions of the Convention, have been published since then and, if so, to send a copy to the ILO; if not, the Committee requests the Government to take all appropriate measures to this end and to provide information on their results.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Conditions of service and status of labour inspectors (Articles 6(3) and 8 of the Convention).  The Committee notes that Act No. 16-226 of 29 October 1991 allows labour inspectors to perform, in addition to their official duties, activities not associated with them, subject to prior notification to the institution to which they belong, and that they must not take part as an inspector in any matter having a direct or indirect link with their private activity. This provision repeals section 495 of Act No. 15-809 of 10 November 1987 which, as the Government emphasized in a previous report (1993), specifically prohibited inspectors from performing other work. The Committee notes that the Government also said in the 1993 report, to establish that inspectors benefited from advantageous and preferential treatment, that in addition to the possibility of ensuring other sources of income, the supplementary remuneration which was paid to them in addition to their wage was maintained. The Committee reminds the Government that under Article 8 of the Convention, the labour inspection staff in the agricultural sector shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. The authority and impartiality necessary for labour inspectors in their relations with employers and workers can be ensured only if these statutory and material conditions exist. However, not only does the faculty offered to inspectors to perform other paid activities in parallel with their official duties indicate that the wages paid to them are insufficient for them to live on but, in addition, it would seem to discourage involvement with their inspection work. The Committee considers in any event that the abovementioned provision of Act No. 16-226 of 29 October 1991 is contrary to Article 6(3), and to the purposes envisaged in Article 8. It therefore requests the Government to set in hand appropriate measures for the purpose of amending legislation on this point in order to ensure conformity with the provisions of the Convention and to supply information on any progress made in this matter.

Numbers and powers of labour inspectors (Articles 14, 15 and 21).  In a comment dated 29 December 1999, the National Workers’ Convention (PIT-CNT) indicates the difficulties encountered particularly by labour inspectors working in rural areas because of the lack of transport facilities necessary for the performance of their supervisory duties in paddy fields and orange groves. The Ibero-American Confederation of Labour Inspectors also denounces, in an observation dated 26 May 2000 on the same Convention, a progressive deterioration in the system and resources of labour inspectors: inadequate staff numbers, non-existent work documents and wage discrimination compared with the inspectors of other state inspection units responsible for fiscal supervision. The Government is requested to provide details on the number and geographical distribution of labour inspectors working in agriculture and to supply information on any measures taken or envisaged to make available to them the material resources necessary for the performance of their duties such as, in particular, the transport means or facilities essential for visiting and inspecting agricultural undertakings, in accordance with Article 21, as often and as thoroughly as possible.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee refers to its comments under Convention No. 81.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Articles 26 and 27 of the Convention. Please refer to the comments under Convention No. 81. The Committee expresses the hope that future annual inspection reports will contain separate information on the activities of the inspection services in agriculture.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 26 and 27 of the Convention. Please refer to the comments under Convention No. 81. The Committee expresses the hope that future annual inspection reports will contain separate information on the activities of the inspection services in agriculture. 81)