Labour Inspection (Agriculture) Convention, 1969 (No. 129) - French Polynesia

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

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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.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Duties entrusted to labour inspectors. In reply to the Committee’s previous comment, the Government indicates that in 2021 a total of 14 per cent of labour inspections related to illegal work and in particular the under-declaration of working hours and the issue of workers not declared as employees by the employer (faux patentés), that six administrative fines were imposed but that none of these cases were concerned with workers in irregular situations. The Government also indicates that during 2021 a total of 47 per cent of inspections related to occupational safety and health, 24 per cent to hours of work and 15 per cent to staff representation bodies. The Committee requests the Government to provide information on any measures taken or envisaged to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers, in particular action against under-declaration of working hours and the issue of undeclared employees.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspectors. In reply to the Committee’s previous comment, the Government indicates that career prospects are encouraging for labour inspectors originating from French Polynesia since the country is seeking to promote the appointment of officials of such origin (océanisation). The Government also indicates that the staff of the labour inspectorate is composed as follows: three labour inspectors (two officials of French Polynesian origin and one seconded from the labour inspectorate in metropolitan France on a two-year secondment which is renewable once) and five labour controllers (three having civil servant status, the other two being administration employees without civil servant status (ANFA), who enjoy the same guarantees of independence and stability of employment as civil servants). The Committee notes that labour inspectors are paid according to salary scales established by the civil service of French Polynesia or by the civil service of the State in the case of civil servants seconded from metropolitan France. However, the Committee notes the Government’s indication that even though inspection staff salaries are adjusted regularly according to their career progression, a financial incentive taking account of the technical nature of the profession has still not been implemented and discussions are under way on this matter. The Committee requests the Government to provide information on any measures taken or envisaged with a view to establishing a financial incentive that takes account of the technical nature of the inspection profession.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual inspection report. Further to its previous comment, the Committee notes the information and general statistical data contained in the report sent by the Labour Directorate for 2021 regarding the staff of the labour inspection service, workplaces liable to inspection, inspection visits, violations committed and penalties imposed, as well as regarding occupational accidents resulting from falls from height (Article 21(b)–(f) of Convention No. 81 and Article 27 of Convention No. 129, respectively). However, the Committee notes that the report in question does not contain any specific information on the agricultural sector. Referring to its general observation of 2010 on Convention No. 81, the Committee recalls that, when well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. In this regard, the Committee also recalls that, in paragraph 322 of the General Survey of 2006 on labour inspection, it emphasized the need for the Government to ensure that the annual report of the central inspection authority is published within the time limits laid down in the Conventions and that it deals in as much detail as possible with the subjects covered in Article 21 of Convention No 81 and Article 27 of Convention No. 129. The Committee therefore requests the Government to indicate any measures taken or envisaged to ensure that, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, annual reports on the work of the labour inspection service are published within the prescribed time limits and deal in as much detail as possible with all the subjects listed in Article 21(a)–(g) of Convention No. 81 and Article 27 of Convention No. 129. The Committee also requests the Government to take the necessary steps to ensure that these reports contain specific information on inspections carried out in agriculture.

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

In order to provide a comprehensive view of the issues concerning the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 (labour inspection) and Convention No. 129 (labour inspection (agriculture)) together.

Article 3(1) and (2), and Article 5(a) of Convention No. 81, and Article 6(1) and (3), and Article 12(1) of Convention No. 129. Duties entrusted to labour inspectors in cooperation with other government services to combat illegal employment. Subsequent to its previous comments concerning the role of labour inspectors in combatting irregular employment, the Committee notes the statistical information supplied by the Government in its report, showing that 147 of the 530 inspections conducted in 2017 concerned the declaration of workers. 143 of those 147 inspections included matters other than the declaration of workers and four inspections concerned the declaration of workers exclusively. It notes that 14 administrative penalties were issued for failure to declare a worker prior to employment, with the request that the employers regularize the situation of the workers, but that none of the penalties concerned foreign workers in an irregular situation. It also notes that the three infringement reports submitted to the prosecutor in 2017 concerned cases including irregular employment as well as safety regulation violations. The Committee requests the Government to continue to supply information on the nature of action undertaken by the labour inspectorate to combat irregular employment, specifying the number of cases of workers in an irregular situation who effectively succeed in obtaining their rights, including payment of unpaid wages, social security coverage or the drawing up of an employment contract. Where applicable, the Committee requests the Government to indicate the number of cases that concern migrant workers in an irregular situation.

Articles 5(a), 17, 18 and 21(e) of Convention No. 81 and Article 12(1) and Articles 22, 24 and 27(e) of Convention No. 129. Cooperation between the labour inspection services and the judiciary, and the necessary balance between the prevention and the imposition of penalties. Subsequent to its previous comments, the Committee notes the statistics supplied by the Government, in particular on the number of infringements and the type of penalties imposed. The Committee notes that a total of 2,522 observations were recorded in 2017, as well as 29 official notices to prevent occupational hazards, 18 temporary suspensions of activity following observation of a serious danger, 51 administrative fines and three infringement reports placed before the prosecutor. It notes the Government’s indication that the use of infringement reports was limited to breaches with the most serious consequences and that of the three reports submitted in 2017, two were subsequent to a fatal occupational accident. The Government also states that the 51 administrative fines imposed in 2017 constituted a rapid and effective response.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspectors. The Committee previously noted the Government’s indication that labour inspectors and controllers are either public servants in the labour inspection service, or public servants or employees of the administration who benefit from employment security. In that connection, the Committee notes the Government’s statement that the employees of the administration have the same guaranteed independence and employment security as do the public servants. It notes that of the eight inspectorate posts, seven are held by three labour inspectors and four by controllers, of whom two are public servants and two employees of the administration. It also notes that the fifth post of controller was to be filled by a public servant recruited by open competition in 2019, and that recruitment of non-public servants would cease. The Committee requests the Government to supply additional information on the conditions of service of labour inspectors, whether they are public servants or not, in particular with regard to wages and career prospects.

Articles 20 and 21 of Convention No. 81, and Articles 26 and 27 of Convention No. 129. Annual inspection report. Subsequent to its previous comments, the Committee notes with interest the labour inspectorate’s report for 2017, which contains the detailed information on the points listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee requests the Government to continue to send the annual inspection report to the ILO and to provide information on its publication, in conformity with Article 20(1) of Convention No. 81, and Article 26(1) of Convention No. 129.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes the information provided by the Government in its report in reply to its previous requests concerning Articles 6 and 12 of the Convention, with regard to the elimination of the most frequent causes of occupational accidents, Article 9(3), regarding the appropriate training of labour inspectors, and Article 13 regarding the promotion of collaboration between officials of the labour inspectorate of agriculture and employers and workers.

Articles 26 and 27. Annual inspection report. While noting the information on the agriculture sector contained in the extract from the 2014 annual report of the Department of Labour, and the 2014 review of statistics on occupational accidents and diseases, attached to the Government’s report on Convention No. 81, the Committee requests the Government to ensure that an annual report on the work of the inspection services in agriculture, containing information on the matters covered by Article 27(a)–(g), is published and communicated regularly to the Office within the period prescribed in Article 26, either as a separate report or as part of its general annual report.

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

The Committee notes the information provided by the Government in its report in reply to its previous requests concerning Articles 6 and 12 of the Convention, with regard to the elimination of the most frequent causes of occupational accidents, Article 9(3), regarding the appropriate training of labour inspectors, and Article 13 regarding the promotion of collaboration between officials of the labour inspectorate of agriculture and employers and workers.

Articles 26 and 27. Annual inspection report. While noting the information on the agriculture sector contained in the extract from the 2014 annual report of the Department of Labour, and the 2014 review of statistics on occupational accidents and diseases, attached to the Government’s report on Convention No. 81, the Committee requests the Government to ensure that an annual report on the work of the inspection services in agriculture, containing information on the matters covered by Article 27(a)–(g), is published and communicated regularly to the Office within the period prescribed in Article 26, either as a separate report or as part of its general annual report.

Direct Request (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 are also concerned with the application of the present Convention, and wishes to raise the following additional points.

Articles 6 and 12 of the Convention. Monitoring of safety conditions at work, technical information and advice for employers and workers in enterprises in agriculture and aquaculture, and cooperation between the inspection services in agriculture and government services or public institutions engaged in similar activities. Further to its previous comments on the impact of cooperation between the inspection services in agriculture and government services or public institutions engaged in similar activities on changes in the numbers of occupational accidents and of cases of occupational disease, the Committee notes the indication in the 2011 annual report of the labour directorate that the number of occupational accidents in fish farming and aquaculture was 32 in 2009, 33 in 2010 and 25 in 2011. According to the annual report, the downward trend in the number of occupational accidents is also due to a drop in employment levels in all sectors. The report also mentions that the collaboration between the prevention unit of the Social Security Fund (CPS) and the labour inspectorate is very important, and these two bodies hold discussions with a view to establishing joint objectives. The Committee requests the Government to continue to take all necessary measures to identify and progressively eliminate the most frequent causes of occupational accidents. The Government is also requested to keep the Office informed of the measures taken and the impact thereof.

Article 9(3). Training for labour inspectors in agriculture. The Committee notes the Government’s statement that, pursuant to Decision No. 2010-39 APF of 25 August 2010, the labour directorate has established training courses for four new labour controllers, who are due to follow specific training identical to the initial training given to officials in metropolitan France. The Committee requests the Government to provide information on initial training for labour inspectors and further training in the course of employment in areas specific to agriculture, such as the use of chemicals. The Government is also requested to indicate the content and frequency of such training, the number of persons who receive it and the impact thereof.

Article 13. Collaboration with employers and workers or their organizations. The Committee notes that, according to the Government, the situation is unchanged. With reference to its previous comment, the Committee recalls once again that the collaboration in question may validly be carried out with employers or workers should their representative organizations be weak or non-existent. The Committee refers the Government to the guidance contained in Paragraphs 10 and 11 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), regarding the forms that such collaboration might take. The Committee requests the Government to keep the Office informed of all progress made in this field or any difficulties encountered.

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

The Committee refers to its comments under Convention No. 81 and asks the Government to take the requested measures and provide relevant information in so far as they also concern the present Convention. In addition, noting the Government’s reports received at the Office on 27 August 2008 and 8 November 2010, and also the annual inspection reports for 2007 and 2009, the Committee wishes to draw the Government’s attention to the following points.

Articles 6, 18 and 19 of the Convention. Monitoring of safety conditions at work and technical information and advice for employers and workers in enterprises in agriculture and aquaculture. Further to its previous comments, the Committee notes that the tables of statistics on occupational accidents still show a high number of accidents in enterprises in agriculture and aquaculture, particularly in activities connected with the production and maintenance of ornamental plantations (29 in 2009) and in fish farming and aquaculture (32). The Committee requests the Government to take steps to ensure that the necessary means for the elimination of the most frequent causes of occupational accidents are established and implemented as soon as possible, and that they include the supply of relevant technical information and advice to the employers and workers concerned.

Also noting that the only report of an infringement drawn up in 2007 was against a pearl farmer concerning the violation of provisions on undeclared work and that, however, no proceedings have been instituted against employers in breach of legal provisions relating to occupational safety in the enterprises affected by the high incidence of occupational accidents during the years covered by the statistics supplied, the Committee asks the Government to ensure that, with the entry into force of national Act No. 2010-5 of 3 May 2010, inspection staff can fully discharge their enforcement role, where required by circumstances, particularly where the safety and health of workers is concerned. The Committee requests the Government to send information on this matter in its next report.

Article 12. Cooperation between the inspection services in agriculture and Government services or public institutions engaged in similar activities. The committee notes with interest that joint activities regarding the use of chemicals in agriculture have been undertaken since 2007 between the labour inspectorate, the prevention service of the Social Security Fund and the services concerned with occupational medicine, that a brochure on this subject has been drawn up and disseminated and that joint information activities have been conducted with the Ministry of Agriculture. The Committee requests the Government to send information on the impact of these activities on the development of the rate of occupational accidents and cases of occupational disease in agriculture, particularly in high risk activities.

Article 13. Collaboration with employers and workers or their organizations. According to the Government, the weak status of trade unions in agriculture has prevented any collaboration with enterprises in the sector. The Committee recalls that the collaboration in question may validly be carried out with employers or workers in case of weakness of their organizations or representatives. The Committee invites the Government to refer to Paragraphs 10 and 11 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), regarding the forms that such collaboration might take, and to keep the Office informed of all progress made in this field, or any difficulties encountered.

Articles 26 and 27. Content and publication of the annual inspection report. The Committee notes that the information concerning inspection activities in agriculture included in the annual labour inspection reports do not contain any information on the number of agricultural undertakings liable to inspection or on the number or causes of occupational diseases. The Committee requests the Government to ensure that these data appear in each annual report and that such annual report is published, in accordance with Article 26 of the Convention.

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

Referring also to its observation, the Committee notes the Government’s report and asks the Government to provide additional information relating to the following points.

1. Articles 14 and 16 of the Convention. Number of labour inspectors and protection of agricultural workers. The Committee notes that the table referring to labour inspection activity in the agricultural sector indicates a significant reduction in the number of agricultural establishments visited in 2005, in comparison to previous years. The difference is particularly noticeable in respect of aquaculture undertakings, where the reported rate of occupational accidents remains very high. Since the same inspectors perform their duties in all of the sectors covered, the Committee requests the Government to take the necessary measures to ensure that agricultural undertakings benefit from the current and future reinforcement of the number of labour inspectors, including through the appointment of medical inspectors, and to communicate, in its next report, information on any progress made, notably with regard to hazardous agricultural activities.

2. Article 13. Collaboration of employers’ and workers’ organizations. The Committee requests the Government to communicate information on the measures taken or envisaged to promote effective collaboration with agricultural employers’ and workers’ organizations for the purposes set forth in the Convention.

3. Article 27. Annual inspection report. While noting the efforts made to present statistics on inspection visits, observations and statistics on occupational accidents in agricultural undertakings, the Committee asks the Government to take measures to ensure that this information is supplemented, in the part of the annual report which relates to the agricultural sector, with information on the number of undertakings liable to labour inspection, the number of persons working in these undertakings, the violations committed and penalties imposed and the occupational diseases and their causes, in such way as to enable the central authority to evaluate the effectiveness of the inspection system in terms of needs and determine the steps to be taken to improve it.

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

Referring also to its observation concerning Convention No. 81, the Committee notes with satisfaction that, further to its numerous requests, the Government has taken the necessary measures to ensure that information on inspection service activities in the agricultural sector appears separately in the annual activity report that also covers industrial and commercial establishments.

The Committee is addressing a direct request to the Government concerning a number of points.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee refers the Government to its observation and notes with interest that in future, the annual activities report will contain a special section on activities in the sectors covered by Convention No. 129.

It hopes that all possible information will be supplied in full on the items listed in Article 27 of the Convention and on any other questions concerning the operation of the labour inspectorate in agricultural enterprises.

Noting that the number of occupational accidents in agriculture and pearl farming remains high, the Committee would be grateful if the Government would give a breakdown of these accidents between agriculture, fishing and pearl farming and, if possible, indicate the nature and cause of such accidents, reporting to the ILO any measure to improve safety at work in the agricultural sector or any obstacles encountered in this area.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee refers the Government to its observation on Convention No. 81, particularly with regard to developments in the labour inspection system arising from the transfer of competence for labour law to French Polynesia, and notes with satisfaction the report sent by the Government in response to its previous comments which shows the efforts made in sending specific information on the operation of the inspection system in agriculture.

The Committee raises other matters in a request addressed directly to the Government.

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

The Committee notes the Government’s reports for the period ending in May 2002.

With reference to its observation of 1998, the Committee notes once again that the information provided by the Government is too vague to serve as a basis for any assessment of the extent to which this Convention is applied.

For example, under Article 21 of the Convention, which provides that agricultural enterprises shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legislation, the Government states: "As far as the resources for labour inspection in French Polynesia allow, agricultural enterprises are inspected under the same conditions as enterprises in the other branches of activity." The annual labour inspection report for agriculture for 2001 mentions five inspections in enterprises and 41 violations reported for 180 persons covered while the Government indicates for its part that for the first quarter of 2002, six inspections were carried out in the agricultural sector, that they resulted in 24 violations reported for 75 wage-earners employed in these enterprises, but that these numbers overlap with those of the fishing and pearl farming sectors.

The ratification of this Convention carries with it, in accordance with article 22 of the ILO Constitution, an obligation to report every two years on the measures taken in view of its application. In its report, the Government has to provide the specific information requested by the report form established by the ILO Governing Body under each of the provisions of the instrument. Furthermore, the Government has to ensure that the central authority for labour inspection produces an annual activity report in such a manner that the information requested by each of the items of Article 27, and specific to its activities in the agricultural enterprises covered, is easily identified so as to serve as a basis for assessing the extent to which the Convention is applied.

According to the information available on the Internet site of the Overseas Ministry, agriculture in French Polynesia helps to sustain the population of the archipelago, with the most recent census indicating the existence of 6,200 farms with 12,000 permanent workers and more than 600 seasonal workers. It indicates that copra ensures a livelihood for more than 10,000 persons and covers almost three-quarters of the cultivated land area. Fruit and vegetable farms, pig raising and egg production are the other important activities of the region as cattle raising faces strong competition from imports from New Zealand and metropolitan France. It therefore appears to be quite justified from an economic and social point of view for the labour inspection system to be developed in agricultural enterprises in order to ensure the application of legislation respecting the working conditions and protection of a relatively important portion of the working population. This Convention envisages, under Article 7, paragraph 3(a), the possibility of organizing labour inspection in agriculture in the framework of a single labour inspectorate responsible for all sectors of economic activity, while requiring at the same time in Article 14 that arrangements shall be made to ensure that the number of labour inspectors in agriculture is sufficient to secure the effective discharge of the duties of the inspectorate and is determined with due regard for:

(a)  the importance of the duties which inspectors have to perform, in particular:

(i)  the number, nature, size and situation of the agricultural enterprises liable to inspection;

(ii)  the number and classes of persons working in such enterprises; and

(iii)  the number and complexity of the legal provisions to be enforced;

(b)  the material means placed at the disposal of the inspectors; and

(c)  the practical conditions under which visits of inspection must be carried out in order to be effective.

The information in the Government’s report indicates that the management of the inspection services (the Director, the Assistant Director and the only inspector) are personnel on temporary assignment from metropolitan France and are periodically renewed at the end of each assignment, whereas the two labour supervisors are territorial agents recruited either by competitive or professional examination, or internal transfer within the territorial administration. The recruitment of a medical labour officer and of a woman employee under contract as labour supervisors has also been announced. Furthermore, the Government indicates that it has asked the Central Mission for the Support and Coordination of Decentralized Services (MICAPCOR) for support in order to assess the means to be made available to the labour inspectorate and envisages reinforcing the supervision of health and safety in agriculture in 2002 by increasing the number of inspections compared to the previous years. The Committee would be grateful if the Government would supplement this information by indicating any measures actually taken to give effect to the provisions of Articles 14, 15, 19, 21 and 25, relating to the application of the Convention in agricultural enterprises, and if it would ensure that the information specific to the activities of the inspection services in agriculture, as envisaged under Article 27, is easy to identify in the annual inspection report published by the central authority.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the Government's reports covering the period from 1 July 1995 to 30 June 1997. It also takes note of the copies of annual inspection reports provided for the same period, and the 1995 agricultural census document attached to the previous report on the application of the Convention.

The Committee notes with regret that the last two reports received do not contain any information on the manner in which the Convention is applied in the establishments covered by the Convention and that the annual inspection reports to which the Government refers do not refer to any of the subjects listed in points (a) to (g) of Article 27 concerning the agricultural sector.

With reference to its previous comments, in which it reiterated its request for detailed information on labour inspection in agriculture in the light of the points raised in 1985 in relation to Convention No. 81, the Committee recalls that it had expressed the hope that action would be taken to enable the labour inspection service to meet all its obligations throughout the territory. Given that the labour inspection service operates in all sectors of the economy, this referred implicitly to labour inspection in agriculture, since issues relating to human and material resources and the status of labour inspectors must be regulated in the same way for all the sectors covered by the service. The information supplied on these points in the annual inspection reports is general information for all sectors, and provides no useful indication as to the degree to which the provisions of the Convention are applied in the agricultural sector, on which the Government's most recent information was contained in its reports of 1991 and 1993. The Committee wishes to point out in this regard that, under Article 4 of the Convention, the system of labour inspection in agriculture shall apply to agricultural undertakings in which employees or apprentices work, however they may be remunerated and whatever the type, form or duration of their contract, and that under Article 21, agricultural undertakings must be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The argument put forward by the Government in its report of 1993, that the very low level of activity by the inspection service in this sector is explained by the limited number of agricultural employees who have contributed to the Social Security Fund, is not relevant with regard to these provisions of the Convention, and suggests that the criteria used for identifying agricultural undertakings subject to labour inspection should be re-examined.

Noting recent developments in the situation of the labour inspection service characterized by conceptual and organizational difficulties faced by the decentralized state services and the territorial authorities, the Committee trusts that the Government will soon be in a position to report on positive developments in the situation with regard to the objectives of the Convention, and that it will be able to provide information on any progress made in giving effect to the provisions of the Convention, in accordance with the obligations imposed by the declaration of application of the instrument.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee refers to various matters raised under Convention No. 81 and requests the Government to supply full details also as regards labour inspection in agriculture.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee refers to various matters raised under Convention No. 81 and requests the Government to supply full details also as regards labour inspection in agriculture.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee refers to various matters raised under Convention No. 81 and requests the Government to supply full details also as regards labour inspection in agriculture.