Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Latvia (Ratification: 1994)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

1. Labour Inspection Convention, 1947 (No. 81)

2. Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Primary functions of labour inspectors. 1. Labour inspection activities in the area of undeclared work. In its previous comments, the Committee requested the Government to continue to provide information on the work of the labour inspectorate in relation to the establishment of formal employment contracts and the registration of workers in the social security scheme. The Committee notes the information provided by the Government in its report according to which during the period from 2017 to 2020, the State Labour Inspectorate (SLI) imposed a total of 2,546 administrative penalties on employers for establishing employment without a written employment contract and/or a declaration to the State Revenue Service. It also notes that under section 25 of the Law on Administrative Liability of 2018, the imposition of administrative penalties does not exempt the employer from compliance with the obligation to enter into a written employment contract, in accordance with sections 28(1) and 41(1) of the Labour Law of 2001.

The Committee also notes the Government's indications on the conduct of surveys for the identification of unregistered employment, as well as on the activities undertaken to improve the effectiveness of the surveys. The Committee notes that from 2017 through the first quarter of 2021, the SLI conducted 2,606 surveys in mining, manufacturing and commercial enterprises during which 1,094 unregistered employees were identified. It also notes that during the same period, the SLI re-inspected enterprises where no unregistered employees were identified, but where there were indications that unregistered employment may be present. In this regard, the Committee notes that 1,426 surveys were repeated in enterprises identified as having a high risk of unregistered employment.

The Committee further notes with interest the Government’s indication that following inspections carried out by the SLI from 2017 through the first quarter of 2021, 3,297 employees were regularized through the conclusion of written employment contracts and the registration of employees with the State Revenue Service, and that this number represents between 55 per cent and 71 per cent (variations by year) of all identified unregistered employed persons.

In addition, the Committee notes the comprehensive information provided by the Government on the measures taken by the SLI to reduce unregistered employment. In particular, it notes the establishment of the Working Group of Unregistered Employment Coordinators in 2017, through which criteria were developed to identify unregistered employment; the 2019 cooperation agreement between the SLI and the Free Trade Union Confederation of Latvia (FTUCL), under which the scope of cooperation issues in the field of unregistered employment was expanded; as well as the Government's indications regarding the annual meetings organized by the SLI with the FTUCL to report on the results of the previous year and discuss the plan for the following year. The Committee requests the Government to continue to provide information on the work of the labour inspectorate with respect to securing the enforcement of sections 28(1) and 41(1) of the Labour Law on the establishment of written employment contracts. It also requests the Government to continue to provide specific information on the number of employees whose situation is regularized, as compared to the number of unregistered employees identified.

2. Labour inspection activities related to the monitoring of migrant workers. The Committee notes the Government's indication in response to its previous request for information on joint inspections carried out with the State Boarder Guard that joint employment control measures are regularly implemented to prevent violations of laws regulating employment relationships and labour protection, as well as violations of the Immigration Law, including the conditions of residence and employment of foreigners. In this respect, the Committee notes that according to the information provided by the Government, 333 joint inspections with the State Boarder Guard were carried out between 2017 and 2020 to control the employment of third-country nationals. It also notes the information concerning the cooperation agreement between the SLI and the State Border Guard, which aims to organize cooperation between these two state bodies and to monitor the effectiveness of inspections carried out in view of the increased urgency of employment control and monitoring of third-country nationals.

Moreover, the Committee notes that the Government indicates that in order to monitor unregistered employment of third-country nationals, SLI officials regularly cooperate with the State Border Guard, the State Police, the Office of Citizenship and Migration Affairs, the State Revenue Service and the Ministry of the Interior, and that each institution uses the information obtained in joint inspections within its competence as evidence in order to prove unregistered employment. The Committee recalls that the primary duty of labour inspectors is to protect workers and not to enforce immigration law. The function of verifying the legality of employment should therefore have as its corollary the reinstatement of the statutory rights of all workers if it is to be compatible with the objective of labour inspection. In this connection, the Committee requests the Government to take the necessary measures to ensure, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, that additional duties which are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers are assigned to labour inspectors only insofar as they do not interfere with their primary functions. The Committee also requests the Government to indicate the time and resources allocated by labour inspectors to each of their duties related to monitoring migrant workers, in comparison to the time and resources allocated to their primary functions. The Committee further requests the Government to provide information on instances where inspectors took specific action to provide migrant workers with protection of labour rights equal to those enjoyed by Latvian citizens.

Articles 3(1)(b), 5(b), 13(2)(b) and 16 of Convention No. 81 and Articles 6(1)(b), 13, 18(2)(b) and 21 of Convention No. 129. Preventive measures carried out in the area of occupational safety and health (OSH), including in agriculture. The Committee notes the information provided by the Government, in response to its previous request, that the SLI carries out an average of 10,000 inspections in enterprises each year. It notes that in both preventive and extraordinary inspections, which include accident investigations, examination of submissions and preparation of hygienic descriptions of workplaces, SLI officials pay attention to compliance with the requirements of laws and regulations regarding labour protection (including mandatory health inspections, provision of personal protective equipment, assessment and measurement of risk factors and training in safe working techniques), and that, potential danger and direct threats to the safety and health of employees can therefore be detected.

The Committee also notes the Government's indications that in order to improve the supervision and control of the working environment, the number of preventive inspections in the field of labour protection has increased from 2,215 to 3,103 between 2017 and 2020. It notes that 5 per cent of all inspections are carried out to inspect enterprises in which breaches of labour protection and/or labour law have previously been detected, and to assess whether and how the breaches have been addressed.

The Committee further notes the Government's indications that pursuant to section 7(1) of the State Labour Inspectorate Law of 2008, which empowers officials of the labour inspectorate to suspend the operation of a person or object, if they detect that laws and regulations regarding labour protection and employment relationships have been violated, SLI officials issued orders and warnings concerning the suspension of the operations as follows: in 2017, 15 orders and 13 warnings; in 2018, 6 orders and 36 warnings; in 2019, 10 orders and 55 warnings; and in 2020, 3 orders and 14 warnings. Further, the Committee notes that, according to the Government, in the agricultural sector during the period 2017–20, the SLI conducted 1,439 inspections, issued 418 orders for the elimination of 2070 violations, and imposed 169 administrative penalties. The Committee also notes that the number of occupational accidents and diseases continues to increase since 2015 while the number of fatal accidents remains substantially unchanged.

The Committee notes, in addition, the Government’s indication that the SLI organizes annual thematic inspections in the field of labour protection, targeting high-risk sectors, including agriculture, with the objective, inter alia, of preventively inspecting working conditions in enterprises and reducing the risks of occupational accidents and diseases. In this regard, the Committee notes that from 2017 to 2020, the SLI organized thematic inspections in various sectors, such as construction, agriculture, metallurgy, food and beverage production, as well as on the safe use of chemicals in the working environment. The Committee requests the Government to continue to provide information on the preventive activities carried out by the SLI in the field of OSH. It also requests the Government to provide information on annual inspections conducted including preventive, extraordinary, follow-up and thematic inspections, as well as information on the number of orders issued with immediate executory force in case of imminent danger to the health or safety of workers. With regard to occupational accidents and diseases, the Committee also refers to its comment concerning the application in practice of Convention no. 155.

Articles 6 and 11(1) of Convention No. 81 and Articles 8 and 15(1) of Convention No. 129. Status and conditions of service of the labour inspection staff. Provision of work equipment. Further to its previous comments on the increase in the remuneration of labour inspection staff, the Committee notes the Government's indications regarding the increase in the SLI budget and its remuneration fund until 2021, which directly affects the average level of remuneration of employees. In this regard, it notes that in 2019, all employees whose job performance evaluation was good, very good and excellent, received a job performance evaluation bonus in the amount of 55 per cent, 65 per cent and 75 per cent, respectively, in accordance with section 35 of the Cabinet of Ministers Regulation No. 66 of 2013 “Regulations Regarding Work Remuneration of Officials and Employees of State and Local Government Authorities, and Procedures for Determination Thereof”. It further notes that according to the information provided by the Government, the turnover rate of inspectors decreased from 28 per cent in 2017 to 17 per cent in 2020.

The Committee also notes that the Government indicates that SLI officials receive certain benefits, including annual leave allowances of up to 50 per cent of the established monthly salary and cash prizes for personal contribution to employees aged 50, 60 and 70 who have worked for at least 5 years.

With respect to the remuneration levels of SLI inspectors, the Committee notes the Government's indication that remuneration is determined in accordance with the Law on Remuneration of Officials and Employees of State and Local Government Authorities of 2009, which establishes a unified system for determining remuneration of employees and officials of state and local government institutions.

The Committee further notes the Government's reply to its previous request for information on the measures taken to improve the equipment necessary for the performance of work responsibilities. In particular, it notes that during the period from 2018 to 2020, personal protective equipment (including footwear, helmets and vests, warm windbreakers and fleece jackets) and office equipment (including desks, chairs, air conditioners, smartphones, laptops, computers, printers and photocopiers) were acquired. In addition, it notes that the SLI has 36 cars at its disposal to facilitate the performance of inspection tasks. Taking due note of this information, the Committee requests the Government to continue to provide information on the status, conditions of service, and turnover rate of the labour inspection staff.

A. Labour administration

Labour Administration Convention, 1978 (No. 150)

Article 6 of the Convention. Impact of austerity measures on labour administration. The Committee notes the Government's indication, in response to its previous request for information on the measures taken as a result of the economic and financial crisis, that short-term measures aimed at alleviating the severe social consequences of the crisis and reducing the risk of increased poverty, and long-term measures aimed at improving the competitiveness of the labour force and promoting the inclusion of disadvantaged groups in the labour market, have been necessary in recent years. It notes that while the Government does not refer to specific measures taken in the area of labour administration, public spending on labour market policies remains below 1 per cent of GDP since 2012.

The Committee further notes the Government's indications that with the rapid spread of COVID-19 and the decline in economic activity since March 2020, the number of unemployed persons has increased, impacting the workload of State Employment Agency (SEA) staff. At the end of 2020, 69,000 unemployed persons were registered with the SEA. In this respect, the Committee notes the information provided by the Government on the functions and activities carried out by the SEA for the promotion of employment.

Lastly, the Committee notes the Government’s indication that with regard to social insurance benefits, since 2015 there are no longer restrictions or limits on the amount of benefits. While taking due note of this information, the Committee requests the Government to continue to provide information on the measures taken in order to address the health crisis and their impact on the effective performance of the functions of the labour administration services. It also requests the Government to continue to provide information on the work of the labour administration services in relation to the situation of unemployed persons.

Article 10. Status, conditions of service, material means and financial resources necessary for the effective performance of the staff of the labour administration. Further to its previous comments on the conditions of service of the staff of the labour administration and the allocation of appropriate financial resources to this end, the Committee notes the Government's indications that in the period from 2015 to 2019, the total amount of remuneration of the SEA staff has increased from €5,963,177 in 2015 (with 675.71 positions in 2015) to €7,710,415 in 2019 (with 699.82 positions in 2019).

The Committee also notes that the Government indicates that in 2019, as a result of SEA operational resource efficiency measures, the number of workloads financed from the SEA basic budget and special budget funds was reduced by 4 per cent (as of 1 January 2019 it was 460 positions and as of 1 January 2020 it was 441.6 positions). It also notes that the average monthly salary of SEA employees in March 2020 was €901 (approximately US$1,040), while in 2019, the average gross wages and salaries for full-time work in the country was €1,076 (approximately US$1,242). The Committee further notes the Government’s indication that the increase in the average level of remuneration in the economy makes the remuneration offered by the SEA less competitive and the Agency faces the challenge of attracting and retaining qualified specialists, which increasingly affects the agency’s capacity to provide quality customer service, to implement EU projects and to develop its operational processes.

With respect to material means necessary for the effective performance of the labour administration staff, the Committee notes the Government's indications regarding the acquisition of work tools including laptops, webcams and headsets following the organization of remote work, in order to reduce the risk to the health of the employees and clients of the SEA caused by COVID-19. Lastly, the Committee notes the information provided by the Government on the annual trainings of the SEA staff from 2015 to the first quarter of 2021, which were mainly focused on improving customer service skills and knowledge, including working with customers with special needs, establishing cooperation with employers and implementing the SEA employee support program. Noting the efforts made by the Government in relation to the conditions of service of the staff of the labour administration, the Committee requests the Government to continue its efforts to ensure that their remuneration is appropriate for the effective performance of their duties, in accordance with Article 10(2) of the Convention.

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

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 information in the Government’s report in reply to its previous comments on Article 5(a) of Convention No. 81 (effective cooperation between the labour inspection services and other institutions); and Article 9(3) of Convention No. 129 (specific training in agriculture for labour inspectors).

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Primary functions of labour inspectors. 1. Labour inspection activities in the area of undeclared work. The Committee notes the Government’s indication, in response to its previous request, regarding the actions taken by the State Labour Inspectorate (SLI) following inspections to reduce unregistered employment. The Committee notes from the 2017 annual labour inspection report that as a result of such inspections, 1,393 unregistered persons were identified (compared with 3,002 in 2012) and that 853 workers were given a formal employment contract and/or registered with the social security scheme (compared with 481 in 2012). The Committee requests the Government to continue providing information on the work of the labour inspectorate with respect to establishing formal employment contracts and the registration of workers with the social security scheme. It requests the Government to provide information on the action taken by the labour inspectorate with respect to the rights of those unregistered workers detected in the course of inspections but not subsequently registered (more than 500 in 2017).

2. Labour inspection activities related to the monitoring of migrant workers. The Committee notes the Government’s indication in its report that the SLI has entered into cooperation agreements with, among other authorities, the Office of Citizenship and Migration Affairs regarding the use of databases. It also notes the Government’s indication that joint inspections are carried out with the State Border Guard, in light of the increasing concern regarding the control and supervision of third country nationals. Recalling that the primary function of labour inspectors is to secure the legal provisions relating to conditions of work and the protection of workers while engaged in their work, the Committee requests the Government to provide further information on the joint inspections conducted with the State Border Guard and on how these joint inspections contribute to the primary function of labour inspectors, as well as the nature of the information shared in the context of the SLI’s cooperation with the Office of Citizenship and Migration Affairs.

Articles 3(1)(b), 5(b), 13(2)(b) and 16 of Convention No. 81 and Articles 6(1)(b), 13, 18(2)(b) and 21 of Convention No. 129. Preventive measures carried out in the area of occupational safety and health (OSH), including in agriculture. The Committee welcomes the comprehensive information provided by the Government, in response to its previous request, on the preventive activities carried out by the SLI in the area of OSH, aimed particularly at high-risk sectors including agriculture, and the collaboration with representatives of agricultural organizations in this respect. The Committee also notes from the information in the annual labour inspection reports provided by the Government that the number of occupational accidents and diseases has increased over the past years. The number of occupational accidents increased from 1,766 to 1,910 between 2014 and 2017 (from 71 to 80 in the agricultural sector) and the number of cases of occupational disease increased from 1,217 to 1,421 in the same period (from 63 to 67 in the agricultural sector). It notes that, over the same period, the number of orders and warnings to suspend operations for violations which caused direct threats to the life and health of employees decreased (44 in 2015, 33 in 2016 and 28 in 2017). The Committee also notes from the information in the 2017 annual labour inspection report that the number of workplace accidents of minor severity reported has been constantly increasing, and the statement in this report that this increase may be due to the fact that such accidents are being reported more often. With respect to agriculture, the Government states that its analysis indicated a constant increase in the number of accidents from 2014 and that it therefore planned sectoral inspections in agriculture. The Committee requests the Government to continue providing information on the preventive activities carried out by the SLI in the area of OSH (in all sectors including agriculture), including measures with immediate effect ordered in cases of imminent danger to the health or safety of workers, as well as information on the number of occupational accidents and diseases.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status of the labour inspection staff. Following its previous comments, the Committee notes the Government’s indication that the turnover rate of inspectors between 2015 and 2017 was approximately 30 per cent. The Government indicates that the SLI budget and its remuneration fund have both increased (from €2,563,629 in 2014 to €2,842,605 in 2017 and from €2,072,901 in 2014 to €2,336,009 in 2017, respectively). The Committee also notes that the Government planned for 2017: (i) to increase the amount of the performance bonus for labour inspectors whose evaluation is considered good, very good and excellent (from 38 per cent of the monthly remuneration in 2016 to, on average, 55 per cent in 2017); and (ii) to purchase further personal protective equipment for inspectors. The Committee requests the Government to continue providing information on actions taken to increase remuneration and improve equipment needed to perform job responsibilities, and to provide specific information on levels of remuneration for labour inspectors compared with other officials exercising similar authority or with comparable levels of responsibility.

Issues specifically concerning labour inspection in agriculture

Articles 26 and 27 of Convention No. 129. Annual report on labour inspection in agriculture. Following its previous comment, the Committee notes with interest that the annual report of the SLI now also contains information specifically concerning the activities of the labour inspection services in agriculture, including statistics on the number of labour inspectors and inspections undertaken, enterprises inspected and the number of workers employed therein, violations detected, penalties imposed, as well as the number of occupational accidents and cases of occupational disease, in conformity with Article 27 of Convention No. 129.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee also refers the Government to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they are concerned with the application of the present Convention.

Articles 6(1)(b) and 13 of the Convention and Paragraphs 2 and 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133). Preventive activities in the field of occupational safety and health in agriculture. The Committee notes the information in the Government’s report that the State Labour Inspectorate (SLI) undertook a number of preventive surveys in the agricultural sector between 2011 and 2013, resulting in 196 orders with respect to the prevention of violations related to labour protection. The Government also indicates that the SLI undertook thematic inspections in several sectors, including agriculture. This included the inspection of 291 agricultural undertakings in 2011 and 2012, carried out in the high harvest seasons. The Government indicates that these thematic inspections not only covered compliance with the requirements of the law and regulations but also promoted awareness among employers and employees concerning the importance of occupational safety and health. These inspections revealed that while some employers were well informed regarding the relevant provisions in the area of labour protection, other employers were not. The SLI subsequently organized seminars for representatives of undertakings on occupational safety and health of workers engaged in agriculture on the results of these inspections. The Committee requests the Government to continue to provide information on its preventive activities in agriculture, including thematic inspections and awareness-raising activities, as well as collaboration with organizations representing workers or employers in this sector. It also asks the Government to provide information on the impact of the measures taken in this regard.

Article 9(3). Specific training in agriculture for labour inspectors. The Committee notes the information in the Government’s report that a new training programme for SLI was implemented, which comprises of basic training, followed by three additional training programmes, including training in a specific sector. The Committee notes with interest that one of the sector-specific training programmes is on agriculture, which provides in-depth training to inspectors on the specific risks in the agricultural sector, any revisions to the relevant laws and regulations in the sector, and the nature of occupational accidents in the sector. The Committee asks that the Government continue to provide information on the training provided to labour inspectors on the agricultural sector, including the number of training programmes organized and the number of inspectors who participated in these programmes.

Articles 15(b) and 21. Transport facilities for labour inspectors in agriculture and inspection visits. The Committee welcomes the Government’s indication that it has increased the number of vehicles at the disposal of labour inspectors, from 17 vehicles in 2011 to 36 vehicles by the end of 2013. However, it notes the information in the Government’s report that the number of inspections carried out in the agricultural sector decreased from 481 inspections in 2011 to 345 inspections in 2013. In light of the declining number of inspections, the Committee asks that the Government provide information on the measures taken to ensure that agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in accordance with Article 21 of the Convention.

Articles 26 and 27. Annual report on labour inspection in agriculture. The Committee welcomes the information provided in the Government’s report relating to the number of inspections undertaken in agriculture, the number of agricultural undertakings liable to inspection and the number of persons working therein, the number of violations detected and the penalties imposed, as well as statistics on the number of occupational accidents (and their cause) and occupational diseases (and their cause) in the sector. However, the Committee notes that the information in the annual report of the SLI of 2012 concerning agriculture only relates to the number of occupational accidents and occupational diseases recorded in this sector. The Committee encourages the Government to consider including in future reports of the SLI further information on the activities of the labour inspection services in agriculture, including statistics on agricultural undertakings liable to inspection and the number of persons working therein (Article 27(c)), statistics on inspections visits (Article 27(d)) and the violations detected and penalties imposed (Article 27(e)).

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

With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee would like to draw the Government’s attention to the following points.

Articles 6(1)(b) and 13 of the Convention and Paragraphs 2 and 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133). Preventive activities in the field of occupational safety and health in agriculture. The Committee notes with interest the Government’s reference to several preventive activities in the field of agriculture in 2011 with a view to reducing the number of fatal accidents, including preventive inspection visits in agriculture aimed at raising awareness (through training on labour protection, risk assessment, mandatory health examinations, safe working methods and the use of personal protective equipment, etc.); a seminar on occupational safety in agriculture aimed at the prevention and reduction of specific risks organized in cooperation with the European Agency for Safety and Health at Work (EU-OSHA); cooperation with the “Farmers’ Parliament” (FI) which is according to the Government the most influential organization of agricultural producers; and the preparation of information materials on the most essential issues relating to labour protection in agriculture, which will be distributed to the members of the FI. The Committee asks the Government to report in further detail on the preventive activities in agriculture, for example, the number of training courses provided by labour inspectors during inspection visits and the number of workers covered; any seminars held in the field of occupational safety and health in agriculture and their duration and the number of participants; as well as information on any collaboration with organizations representing workers in the agricultural sector, and their impact on the number of fatal and serious work accidents.

Articles 9(3) and 15. Specific training in agriculture for labour inspectors. The Committee notes the Government’s indication that no specific training exists for labour inspectors in the area of agriculture, but that the training system of the State Labour Inspectorate ensures the competence of inspectors to perform inspections of undertakings in all sectors and that individual inspectors have relevant education and previous experience in the field of agriculture. The Committee recalls once again that the specific characteristics of work in the agricultural sector involve specific risks for workers, for example, risks related to the handling and use of dangerous chemicals and pesticides as well as agricultural machinery and therefore require that inspectors keep abreast of developments in this field through continuous and adequate training. The Committee therefore asks the Government to provide further information on how it is ensured that the training provided for labour inspectors enables them to acquire and maintain the technical knowledge necessary to perform their duties adequately in the agricultural sector (training provided in relation to agricultural subjects, and its proportion in the new training system referred to in the Government’s report under Convention No. 81). The Committee would also like to draw the Government’s attention to Paragraphs 4–7 of Recommendation No. 133 on the minimum qualifications needed by labour inspectors called upon to work in the agricultural sector.

Articles 15(b) and 21. Transport facilities for labour inspectors in agriculture and inspection visits. The Committee’s previous comments concerned the need to enable labour inspectors to carry out inspections of agricultural undertakings in accordance with Article 21 as often and as thoroughly as is necessary notably through sufficient transport facilities and the refunding of transport costs. The Committee notes in this regard that the number of inspection visits in agriculture seems to have increased (308 visits in 2006 against 384 visits in 2010), while the number of workers in agricultural undertakings seems to have decreased (88,400 in 2006 against 82,500 in 2010). The Committee would be grateful if the Government would provide information on the availability of transport and other facilities at the labour inspection services that take account of the distant and remote nature of agricultural undertakings, as well as any equipment for measurement and analysis at the disposal of labour inspectors.

Articles 26 and 27. Annual report on labour inspection in agriculture. The Committee notes the Government’s indication that, while it has not yet been technically possible to include separate information by sector in annual labour inspection reports, the information on labour inspection activities in agriculture required under Article 27 of the Convention will be included separately in the labour inspection report for 2011. The Committee notes with interest the Government’s indication that the implementation of an electronic database at the State Labour Inspectorate, as of 2012, also mentioned under Convention No. 81, will provide the technical possibility to acquire most of the data requested under the Convention. It also notes the indication that information on the number of workplaces in agriculture and the workers employed therein is currently available from the Central Statistics Bureau (CSB). The Committee requests the Government to keep the ILO informed of the progress made in the introduction of this system and its impact on the elaboration and publication of an annual report on labour inspection activities in agriculture.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Referring also to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee takes note of the Government’s report received on 12 October 2009.

Article 6(1)(a) and Articles 14, 20, 26 and 27 of the Convention. For many years, the Committee has been regretting the absence in annual reports on the work of the inspection services of specific data on the activities of the labour inspectorate in agriculture, with the exception of statistics of occupational accidents and diseases, which are presented by sector of economic activity. In its previous comments, the Committee observed that the activities of the labour inspectorate in the agricultural sector appeared to be focused on combating illegal employment and not on the conditions of work and the protection of workers while engaged in their work, as required by the Convention.

The Committee notes from the latest annual report provided by the Government that the highest number of accidents for 2008 was in the timber‑processing sector, due primarily to lack of experience, insufficient training and professional skills of accident victims, as well as non-use of personal protective equipment and lack of safety appliances. The Committee recalls once again that the specific characteristics of work in the agricultural sector involve specific risks to which workers are exposed (for example, risks related to the handling and use of chemicals and agricultural machinery) and therefore requires specific skills from inspectors acquired through adequate training (Article 9(3)) and facilities (Article 15), such as transport and other facilities that take account of the distant and remote nature of agricultural undertakings, as well as appropriate equipment for measuring and analysis. Only where relevant training is provided to labour inspectors, can the latter perform the very important preventive function entrusted to them according to Article 6(1)(b) of the Convention, namely to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions. In this regard, Paragraph 2 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133) promotes the association of the labour inspectorate in agriculture in training of workers and Paragraph 14 relates to the appropriate means by which Members should promote education campaigns intended to inform the parties concerned, not only of the need to apply strictly the legal provisions but also of the dangers to the life or health of persons working in agricultural undertakings and the most appropriate means of avoiding them. The Committee has noted significant progress with regard to the safety and health of workers in countries where such campaigns were carried out, particularly in forestry work. The Committee therefore urges the Government to take appropriate measures to ensure that agricultural undertakings liable to inspection are inspected as often and as thoroughly as necessary. Referring to its 2009 general observation under this Convention, it would be grateful if the Government would indicate whether the labour inspection services can base their work on a census of agricultural undertakings liable to inspection and the workers engaged therein so as to be able to plan the activities to be undertaken in the sector and allocate the necessary resources. If this is not the case, the Government is requested to take measures for this purpose and to keep the Office duly informed. Finally, the Committee would be grateful if the Government would ensure that the annual report on the inspection activities in the agricultural sector contains detailed information as requested by Article 27.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report contains information on the operation of the labour inspection system as a whole, and that it covers all sectors of economic activity.

Articles 6, paragraph 1(a), 14, 20, 26 and 27 of the Convention. For many years, the Committee has been regretting the absence in annual reports on the work of the inspection services of specific data on the activities of the labour inspectorate in agriculture, with the exception of statistics of occupational accidents and diseases, which are presented by sector of economic activity. In its previous comment, the Committee once again emphasized the value of publishing this information separately, either in the form of a separate report or as part of a general report, and it requested the Government, in the meantime, to provide the specific information on the agricultural sector required by each part of the report form.

It emerges from the Government’s reply that such measures have still not been taken. The Committee nevertheless notes that the only information provided on the work of the labour inspectorate in the agricultural sector indicates that such activities are focused on combating illegal employment and not on the conditions of work and the protection of workers while engaged in their work, as required by the Convention.

The Committee recalls that the specific characteristics of work in the agricultural sector involve specific occupational risks to which workers are exposed (for example, risks related to the handling and use of chemicals and agricultural machinery) and therefore requires specific skills from inspectors acquired through adequate training (Article 9, paragraph 3) and facilities (Article 15), such as transport and other facilities that take into account the distant and remote nature of agricultural undertakings, as well as appropriate equipment for measuring and analysis.

The statistics on accidents at work and occupational diseases in agriculture, contained in the annual report for 2006, reveal a not insignificant proportion of accidents resulting in the death of workers in the sector (eight in 2006 out of a total of 53 for all sectors combined) and of cases of registered occupational diseases (54 in 2006 out of a total of 569). The Committee requests the Government to indicate the measures taken to ensure that agricultural undertakings liable to inspection are inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions relating to conditions of work and the protection of agricultural workers while engaged in their work. It would be grateful if the Government would indicate whether the labour inspection services can base their work on a census of agricultural undertakings liable to inspection and the workers engaged therein so as to be able to plan the activities to be undertaken in the sector and allocate the necessary resources. If this is not the case, the Government is requested to take measures for this purpose and to keep the Office duly informed.

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

The Committee takes note of the Government’s report for the period ending in June 2005. It observes that most of the information concerns recent developments in the legislation on a number of subjects such as the organization of labour administration, and the amendment of the Labour Code, the Penal Code and the Administrative Offences Code in order to expand the legal basis and enhance the role of labour inspection in general. The Committee also notes the report of the tripartite labour inspection audit carried out with technical assistance from the ILO and the recommendations it contains. It would be grateful if the Government would provide information in its next report on the action taken or envisaged to give effect to the recommendations to increase the human and material resources for inspection in order to improve implementation of the legal provisions on working conditions and the protection of agricultural workers.

1. Articles 26 and 27 of the Convention Annual report on inspection in agricultural undertakings. The Committee notes that no information on the work of the inspection services in agriculture has been sent with the Government’s report. In its previous comments, it expressed the hope that relevant information on the activities of the inspection services in agriculture, as required by Article 27 of the Convention, would be shortly published and communicated to the International Labour Office in a consolidated manner either in the form of a separate report, or as part of its general annual report. The Committee notes the Government’s confirmation that no such report exists and that the annual inspection report covers all activities undertaken by the labour inspectorate, including in agriculture. The Committee would like to draw the Government’s attention to the fact that the annual inspection report required by the Convention is an essential tool for evaluating the work of the inspection services in agriculture and a source of information essential to determining the means for improving it. Publication of such a report should also enable the social partners in the agricultural sector to assess whether the means used and the measures taken to achieve the purposes of inspection are effective and to express their views and propose improvements. Specific information must therefore be easily identifiable, even in a report covering other sectors of the economy. The Committee is therefore bound to remind the Government of the obligations deriving specifically from this Convention and to ask it once again to take the necessary steps to ensure that the central inspection authority publishes and sends to the ILO, in one of the forms provided for in Article 26, an annual report containing the information required for each of the items at Article 27(a) to (g). Pending such a report, the Committee requests the Government to provide in its report on the application of the Convention the information specific to the agricultural sector required by each part of the report form.

2. Articles 15(b) and 21. Transport facilities for labour inspectors in agriculture and inspection visits. With reference to the abovementioned tripartite audit report for 2005 on the inspection system, the Committee notes that the obstacles to effective inspection include insufficient transport facilities and the fact that the few inspectors who use their own vehicles are seldom refunded their transport costs. The Committee notes that the Government has not sent, as announced in its report, the text of Regulation No. 219 of 28 May 2002, and accordingly asks it to indicate the measures taken to enable labour inspectors to carry out inspections of agricultural undertakings in accordance with Article 21 as often and as thoroughly as is necessary to ensure the effective application of the provisions enforceable by labour inspectors, and to provide copies of any relevant texts.

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

With reference to its observation on the application of the Labour Inspection Convention, 1947 (No. 81), the Committee notes the Government’s reports. It draws its attention to the following points.

1. Annual report on the activities of the inspection services in agriculture. The Committee notes that information on the work of the inspection system in agricultural enterprises is not presented separately in the annual inspection reports covering all economic sectors. The Committee once again hopes that the Government will ensure that, in the near future and in accordance with the Convention, information on the activities of the inspection services in agriculture, as required by Article 27, is published and communicated to the International Labour Office in a consolidated manner either in the form of a separate report, or as a part of its general annual report (Article 26).

2. Reimbursement of the professional travel expenses of labour inspectors in agriculture. The Committee requests the Government to provide a copy of Regulations No. 219 of 28 May 2002 on the procedure for the reimbursement of expenses relating to missions and business trips of employees, referred to in its report.

3. Communication of the results of the inspection. The Government is requested to indicate whether, as envisaged in Article 18, paragraph 4, of the Convention, the labour inspector is bound, when visiting an agricultural enterprise, to make known immediately to the employer and the representatives of workers the defects noted and the orders made. If this is not the case, the Committee would be grateful if the Government would ensure that effect is given to this provision and would keep the Office informed accordingly.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's first report for the period ending 31 July 1998. It requests the Government to provide further detailed information on the application of the following provisions of the Convention:

Article 2. Please clarify whether the Regulations of the Tripartite National Council of Employers, State and Trade Unions, ratified on 12 July 1996 and the law on the technical supervision of dangerous equipment", of 23 February 1995, are still effective or whether they have been superseded respectively by the Regulations of the National Tripartite Cooperation Council, of 30 October 1998, and by the law of the Republic of Latvia on the technical supervision of dangerous equipment", of 24 September 1998; and whether collective agreements are enforceable by the State Labour Inspectorate and, if so, in virtue of which provisions of national laws or regulations.

Article 5, paragraph 1. Please clarify whether the provisions of the Convention are applied to the persons participating in a collective economic enterprise, such as the members of a cooperative specified in Article 5(1)(b).

Article 5, paragraph 3. The Committee asks the Government to provide information as to what extent effect has been given or is proposed to be given to the provisions of the Convention in respect of tenants who do not engage outside help, sharecroppers and similar categories of agricultural workers.

Article 8, paragraph 1. Please indicate the grounds for termination of employment of inspectors depending on their status as public servants or not.

Article 8, paragraph 2. Please indicate whether and in what manner officials or representatives of occupational organizations have been included in the system of labour inspection and give details of their status, their conditions of service and the powers granted to them in the exercise of their functions.

Article 11. The Committee asks the Government to provide details in respect of the manner in which technical experts and specialists are associated in the work of labour inspection in agriculture.

Article 12, paragraph 1. Please indicate whether the government services and public or approved institutions engaged in activities similar to those of the labour inspection in agriculture, cooperate with the inspection services in agriculture and provide details on the forms of such cooperation.

Article 12, paragraph 2. Please indicate whether the competent authority has taken measures to apply this provision.

Article 13. Please indicate the particular forms of collaboration between officials of the labour inspection in agriculture and employers and workers, or their organizations.

Article 14. The Committee asks the Government to provide information on the number of labour inspectors performing their functions in agriculture and their distribution by categories, including in particular the number of inspectors assigned functions of a technical or specialized character.

Article 15, paragraph 1(b). Please provide information on the transport facilities made available to regional State Labour Inspectorates other than those mentioned in the report under Convention No. 81.

Article 16, paragraphs 2 and 3. Please indicate the legal provisions giving effect to these provisions of the Convention and the manner in which they are applied in practice.

Article 18, paragraph 4. Please indicate in what manner effect is given to this provision of the Convention.

Article 19, paragraph 1. The Committee asks the Government to clarify whether employers are obliged to notify the State Labour Inspectorate of cases of occupational disease; and to indicate specific provisions in the national laws which establish the duty of the consultative commission of physicians of the Centre of Occupational and Radiation Medicine of Pauls Stradins teaching and research hospital of the Latvian Medical Academy to inform the State Labour Inspectorate of cases of occupational disease.

Article 19, paragraph 2. Please provide information on whether labour inspectors in agriculture are associated with inquiries on the spot into the causes of occupational diseases.

Article 21. Please provide detailed information on the criteria applied for determining the frequency of inspections of agricultural workplaces.

Article 27(c). Please provide separate statistics of agricultural undertakings liable to inspection and the number of persons working therein.

Part V of the report form. Please clarify whether the "report on the application of the Convention" mentioned under Part V of the report form is different from the report submitted to the ILO under article 22 of the Constitution of the ILO.

The Committee also asks the Government to provide a copy of the text of the Civil Service Act of 21 April 1994.