Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Denmark (Ratification: 1972)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the 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.

A.Labour inspection

The Committee notes the observations from the Danish Confederation of Professional Associations (AC) and Danish Trade Union Confederation (FH) on Convention No 81 communicated with the Government’s report.

Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. The Committee notes the observation from the AC and the FH according to which the WEA does not react to all complaints received from workers regarding health and safety issues. According to the AC and FH, the Danish Working Environment Authority (WEA) should investigate all complaints that are not obviously unreasonable. The Committee requests the Government to provide its comments in this respect.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties entrusted to labour inspectors. In reply to the Committee’s previous comment related to the control of migrant workers in an irregular situation, the Government indicates that during the joint inspection visits involving the WEA and other authorities, WEA’s inspectors are not requested to perform other duties than those related to the inspection of the workers’ health and safety. The Committee also notes the Government’s indication that the Danish Centre against Human Trafficking (CMM) provides counselling to victims of trafficking in a range of areas, such as the possibility to recover outstanding salary claims. Should the victim be interested in pursuing the possibility to recover unpaid wages, the CMM will refer the victim to the appropriate authority or relevant parties in the labour market such as trade unions, in order to receive legal advice. The Government indicates that the CMM does not assist migrant workers in enforcing labour rights or in collecting wages. Taking note of the information regarding the role of the WEA in joint operations, the Committee requests the Government to provide information on the actions undertaken by labour inspectors when, in the conduct of an inspection visit, they come across migrant workers in an irregular situation, including any notification to other government agencies and any specific measures taken to ensure the enforcement of migrant workers’ rights. Noting the absence of information on this matter, the Committee once again requests the Government to provide information on the number of cases where migrant workers found in an irregular situation have been granted their due rights.

B.Labour administration

Article 7(b) of the Convention. Extension of the functions of the system of labour administration to self-employed persons and workers in the informal economy.The Committee had previously requested the Government to provide information on measures taken or envisaged for the extension of labour administration activities to self-employed workers and workers in the informal economy. The Committee notes that the Government reiterates that self-employed persons are, to a large extent, subject to the same health and safety rules as employees, including with regard to rules on performance of the work, technical equipment, substances and materials. The Government also reiterates that it has introduced a maternity equalization scheme for self-employed persons to provide these workers with improved income compensation during maternity and parental leave. Noting the absence of information regarding its previous request, the Committee once again requests the Government to provide information on measures taken or envisaged for the extension of labour administration activities to workers in the informal economy.

Application of the Convention in practice. The Committee notes the Government’s indication that there were some adjustments in management and administrative structure of the Danish Working Environment Authority entailing that the Authority is now managed by a Board of Directors comprised of a Director-General, two Deputy Directors and three Directors of Inspection. The Government indicates that employment councils at the local, regional, and national levels meet regularly, and that the national council is able to comment on draft laws. The national, regional and local councils can provide advice and recommendations on the implementation of employment policies. The Committee takes note of the Government’s information, which addresses its previous request.

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

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

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties entrusted to labour inspectors. The Committee refers to its previous comment concerning joint inspection visits between the Danish Working Environment Authority (WEA), the police and tax authorities aimed at combating social dumping. In that comment, the Committee recalled that the primary duty of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers and not to enforce the immigration law, as reflected in paragraphs 75 to 78 of the General Survey on labour inspection. In this regard, the Committee notes the statement made by the Government in its report that there appears to be no conflict with these paragraphs of the General Survey, as the WEA, the police and the tax authorities have separate functions. The Government further specifies that it is the function of the WEA to control occupational safety and health conditions in workplaces, whereas it is the function of the police to control whether migrant workers have valid work and residence permits. The Committee also notes that joint inspection visits between several agencies, including the Centre against Human Trafficking (CMM), the WEA and the immigration authorities are also aimed at the identification of victims of human trafficking.

Concerning the enforcement of the labour rights of migrant workers in an irregular situation, the Committee notes the Government’s indication that the CMM assists victims of human trafficking and forced labour through the provision of legal advice and the collection of wages for the period of their effective employment relationship. Concerning migrant workers in an irregular situation other than victims of human trafficking, the Committee notes the question of wages is dealt with within the Danish Labour Market Model by the social partners or in the Danish legal system.

The Committee requests that the Government take further measures in particular, to lead joint inspection visits concerning the control of migrant workers in an irregular situation to ensure that the cooperation with the immigration authorities and the police does not interfere with the effective discharge of the primary duties of labour inspectors or prejudice in any way inspectors’ authority and impartiality in their relations with employers and workers, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129.

Noting the information on the role of the CMM and the social partners as regards the enforcement of the employers’ obligations with regard to the rights of migrant workers in an irregular situation, such as the payment of wages for the period of their effective employment relationship, it requests the Government to provide more detailed information in this regard, as well as on the number of cases where migrant workers found in an irregular situation have been granted their due rights.

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

The Committee notes the detailed information provided by the Government in its report. It refers the Government to its comment under the Labour Inspection Convention, 1947 (No. 81), and asks it to provide the relevant information specifically concerning the work of the labour inspection in agricultural undertakings.

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

The Committee takes due note of the detailed information provided by the Government in its report, which was received by the ILO on 10 October 2010. It would be grateful if the Government would continue to provide the annual report on labour inspection in agriculture and if it would supply information on any developments or changes in both laws and regulations and in practice, particularly with regard to the follow-up of the screening of agricultural undertakings with employees conducted during the period 2005–11.

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

Article 5(a) and (b) of the Convention. Cooperation and collaboration with a view to improving the protection of agricultural workers and their family members against risks to safety and health in agricultural undertakings. The Committee notes with satisfaction the information supplied by the Government in its report received in November 2008, on the initiatives taken by the Danish Working Environment Authority with the National Centre of the Danish Agricultural Advisory Service to improve occupational safety and health and reduce the number of accidents in agricultural undertakings since the beginning of 2006, in particular to reduce the number of fatal accidents occurring in the sector. During the first half of 2008, the Danish Working Environment Authority organized meetings with stakeholders in the sector to evaluate and continue to focus on these initiatives.

The Sector Working Environment Council BAR Jord til Bord was established under the Working Environment Act to contribute to solving safety and health problems in the agricultural sector and to support safety and health measures at the sectoral and enterprise levels. Among the Council’s activities, the Government draws attention to the following activities focusing on safety and health in the agricultural sector, which are described on its web site (www.barjordtilbord.dk/):

–      A survey of all work processes in order to obtain a total outline of initiatives, which may help to improve safety and health at work in the potato production process was prepared in cooperation with the United Federation of Danish Workers, the Market Garden, Agricultural and Forestry Management Employers’ Association and the National Centre of the Danish Agricultural Advisory Centre (“Safety and health at work in handling potatoes”).

–      A national campaign focusing on traffic, machinery, children and accidents due to falls, as the most important causes of serious accidents in the agricultural sector.

–      Numerous articles on industrial injuries caused by large animals have been written under the Health and Safety Committee of Farming, in the context of the Sector Working Environment Council BAR Jord til Bord. These articles can be downloaded from the Council’s web site.

–      The Safety and Health Committee of Agriculture has revised “The Sector Guidelines on children and young persons’ work in agriculture”, approving and prohibiting tasks, working and rest periods for children and young persons, including trainees and children and young persons in family farming. The rules on young persons driving tractors and working with substances and materials are also being reviewed.

–      The Safety and Health Committee of Agriculture has worked together with the Silkeborg State Forest Region on preparing tools tailored for agriculture, including material on the completion of the statutory workplace assessments (WPA), with a survey on the psychosocial working environment and job satisfaction.

With references to its 2008 observation, in which it welcomed the screening procedures established to assess the status of enterprises in relation to occupational safety and health legal requirements, the Committee notes that all agricultural enterprises with employees are subject to screening within the period 2005–11 by the general inspection services of the Danish Working Environment Authority. The screening is an unannounced visit and lasts for an average of two hours during which safety and health at work is reviewed, the aim being to identify enterprises with serious safety and health problems and to select these for more thorough inspection. On the occasion of screening activities in 2005, 2006 and 2007, the Danish Working Environment Authority issued a number of stop notices (13, 15 and 15, respectively) and improvement and immediate improvement notices (265, 338 and 222, respectively), while guidance was given in 166, 169 and 55 cases, respectively, primarily linked to risks of accidents, the effort required, ergonomic safety and health problems, and chemical and biological risks.

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

The Committee takes note of the Government’s report and the abundant documentation attached. It notes in particular with satisfaction the information that one of the awards from the European Good Practice Award 2005 was given to a Danish project about noise in agriculture and that more information about the project is available on www.stojiilandbruget.dk. It also notes that the Sector Working Environment Council issues many publications about improving health and safety in agriculture and has started many initiatives to improve health and safety conditions. The more recent initiatives are available on www.barjordtilbord.dk.

The Committee also notes with interest that the National Working Environment Authority has issued a report on the judgements regarding working environment legislation delivered in 2000 by the Danish High Court pointing out that the majority of these cases were regarding danger of accidents, for example working with dangerous machinery, defects in transport equipment and cranes, illegal handling of items, danger of falling and collision, as well as danger of explosion and fire. Information on relevant judgements by the Danish High Court for the period 2000-05 are available on the web site of the National Working Environment Authority.

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

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 notes that the local authorities and the health authorities, not the Working Environment Service, are responsible for ensuring compliance with the legal requirements for compulsory schooling of young workers. With reference to Article 6 of the Convention, the Government indicates that legislation does not assign the labour inspectors to any advisory or enforcement functions in respect of legal provisions relating to living conditions of workers and their families. The Committee notes the information in the report to the effect that the Act on certain working conditions in agriculture (Act No. 415 of 1 June 1994) governs matters of board and lodging of employees performing domestic or agricultural work. Noting in addition that, under section 74 of the Working Environment Act, the Minister of Labour may delegate some of the Working Environment Service’s tasks to other government authorities or private institutions, the Committee would be grateful if the Government would indicate whether the programme Clean Working Environment 2005 which is mentioned in its report contains measures involving action by the labour inspectors and to specify how supervision is effected regarding application of the abovementioned Act No. 415 of 1994. Finally, the Government is requested to supply information on the measures taken in application of section 74 of the Working Environment Act in regard to the matters covered by the provisions of this Convention.

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

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 following matters raised in its previous direct request:

The Committee notes that the local authorities and the health authorities, not the Working Environment Service, are responsible for ensuring compliance with the legal requirements for compulsory schooling of young workers. With reference to Article 6 of the Convention, the Government indicates that legislation does not assign the labour inspectors to any advisory or enforcement functions in respect of legal provisions relating to living conditions of workers and their families. The Committee notes the information in the report to the effect that the Act on certain working conditions in agriculture (Act No. 415 of 1 June 1994) governs matters of board and lodging of employees performing domestic or agricultural work. Noting in addition that, under section 74 of the Working Environment Act, the Minister of Labour may delegate some of the Working Environment Service’s tasks to other government authorities or private institutions, the Committee would be grateful if the Government would indicate whether the programme Clean Working Environment 2005 which is mentioned in its report contains measures involving action by the labour inspectors and to specify how supervision is effected regarding application of the abovementioned Act No. 415 of 1994. Finally, the Government is requested to supply information on the measures taken in application of section 74 of the Working Environment Act in regard to the matters covered by the provisions of this Convention.

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

Referring also to its observation, the Committee notes that the local authorities and the health authorities, not the Working Environment Service, are responsible for ensuring compliance with the legal requirements for compulsory schooling of young workers. With reference to Article 6 of the Convention, the Government indicates that legislation does not assign the labour inspectors to any advisory or enforcement functions in respect of legal provisions relating to living conditions of workers and their families. The Committee notes the information in the report to the effect that the Act on certain working conditions in agriculture (Act No. 415 of 1 June 1994) governs matters of board and lodging of employees performing domestic or agricultural work. Noting in addition that, under section 74 of the Working Environment Act, the Minister of Labour may delegate some of the Working Environment Service’s tasks to other government authorities or private institutions, the Committee would be grateful if the Government would indicate whether the programme Clean Working Environment 2005 which is mentioned in its report contains measures involving action by the labour inspectors and to specify how supervision is effected regarding application of the abovementioned Act No. 415 of 1994. Finally, the Government is requested to supply information on the measures taken in application of section 74 of the Working Environment Act in regard to the matters covered by the provisions of this Convention.

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

The Committee notes the Government’s detailed report on the application of the Convention and the considerable volume of documentation attached. In particular, it notes with interest the information supplied relating to the 1999 general observation under this Convention and Convention No. 81 concerning the extremely positive role that can be played by the labour inspectorate against undue exploitation of child labour. In this regard, the Committee notes that the measures taken by the Government to protect the safety and health of children in the agricultural sector cover young workers but also children living at agricultural undertakings and hence facing the risks inherent in the particular living conditions that predominate in the sector. The Committee also notes with particular interest the active participation of the social partners in informing the inspection authorities on the identification of such hazards. Noting that the Ministry of Labour has launched a programme entitled: "Clean Working Environment 2005" focused particularly on the campaign for the safety of children and young people, the Committee requests the Government to supply information on the progress of this programme and its impact on the campaign against undue exploitation of child labour in the agricultural sector.

The Committee is raising other points linked to the application of the Convention in a direct request to the Government.

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

Articles 26 and 27 of the Convention. The Committee notes that the publication entitled Det gronne omräde (the green sector) mentioned in the Government's most recent report as having been sent has not been received by the Office. Please provide a copy of this document, along with copies of all annual inspection reports relating to agriculture as they are published in accordance with the Convention.