Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Croatia (Ratification: 1991)

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

Previous comment

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

Articles 3(1)(b) and 17(2) of Convention No. 81 and Articles 6(1)(b) and 22(2) of Convention No. 129. Technical information and advice to employers and workers in the area of occupational safety and health (OSH). In reply to the Committee’s previous comment, the Government reiterates that labour inspectors in the field of OSH may adopt administrative and prohibition measures to require the elimination of identified irregularities in the workplace and initiate misdemeanour proceedings in accordance with the provisions of the Occupational Health and Safety Act. The Government also indicates that pursuant to section 34(9) of the same Act, labour inspectors may give advice at the request of the employer during the inspection. Also, section 34(1) stipulates that every employer with more than 50 employees must establish an OSH committee. OSH committee’s sessions must be reported to the labour inspectorate, which also has the right to participate in its sessions. In addition, section 34(8) stipulates that the employer is obliged to call a meeting in the event of fatal injuries, injuries that have led to the worker’s hospitalization, occupational diseases and other findings of the inspection that establish a deficiency in the implementation of occupational safety. The Committee notes that, according to the 2022 Labour Inspection Report, the key challenges of labour inspection in the field of occupational safety were related to the prevention of injuries at work and occupational diseases. The Committee also notes that according to the Labour Inspection Report, during 2022, 65 inspections were carried out in connection with occupational fatalities and 521 in relation to occupational injuries. The Committee requests the Government to continue to provide information regarding the manner in which the labour inspectorate provides technical information and advice on OSH to employers and workers, in particular with regard to the prevention of occupational accidents and fatalities and in relation to occupational diseases. The Committee also requests the Government to provide information on the participation of labour inspectors in OSH committees as a matter of practice.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Supervision and control by a central authority. The Committee note that, in accordance with the provisions of the Act on State Inspectorate and the Amendments to the Act on the Organization and Scope of Ministries and Other Central Bodies of State Administration, the State Inspectorate started operating on 1 April 2019 as an independent inspection body covering 17 different inspection areas, including labour inspection. The State Inspectorate has a Central Office in Zagreb with 37 branches and the labour inspectors are distributed in 27 of them. The Committee takes note of this information which addresses its previous request.

Articles 5(a), 14 and 21(g) of Convention No. 81 and Articles 12, 19 and 27(g) of Convention No. 129. Effective cooperation between the inspection services and other government services and public institutions. Notification of cases of occupational diseases and statistics thereof. The Committee notes the information provided by the Government that the labour inspectorate regularly receives information from the Croatian Health Insurance Institute on all cases of accidents at work and occupational diseases, including those involving agricultural workers and also commuting injuries. However, once again the Committee notes that the annual report on the work of labour inspection services does not contain statistics on cases of occupational diseases. The Committee requests the Government to provide information on the measures adopted in order to ensure that in practice the labour inspectorate is notified of cases of occupational diseases and that this information is contained in the annual labour inspection report.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. The Committee notes the Government’s indication that the provisions of the Civil Servants Act prescribe, among other things, rights and duties of civil servants, conflict of interest, method and procedure of admission, probationary work, state examination, promotion, responsibility for violations of duty and removal from the service. The Committee notes the information provided by the Government that, with the unification of the inspection services in the State Inspectorate, all civil servants who were working as labour inspectors, senior labour inspectors, or specialists, either continued to work in the same positions or were promoted based on the conditions for promotion in terms of years of work experience and their annual evaluation. In addition, the Government indicates that most of the civil servants who were assigned to managerial positions in the labour inspectorate in the then Ministry of Labour and the Pension System were reassigned to managerial positions within the new Labour Inspectorate. The Committee takes note of this information which addresses its previous request.

Article 12(1)(c)(iv) of Convention No. 81 and Article 16(1)(c)(iii) of Convention No. 129. Taking or removing for purposes of analysis samples of materials and substances used or handled. The Committee notes the Government’s reply that section 61 of the Act on State Inspectorate ensures that the labour inspectorate have the right to take pictures or keep record of persons and workplaces inspected. The inspector is also authorized by the same section to request and examine public identity documents, as well as to take statements from persons present at the inspection sit, . In addition, Section 62(2) ensures that inspectors have the right to request documentation and data relating to the supervision of the general conditions of work. Noting once again that the legislation currently does not provide for the power of inspectors to take or remove, for purposes of analysis, samples of materials and substances used or handled in the establishment, subject to the employer or the employer’s representative being notified of any samples or substances taken or removed for such a purpose,the Committee requests the Government to provide information on any measures taken or envisaged in this regard.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services. The Committee notes the information provided by the Government that the annual report on the work of the labour inspectorate is an integral part of the Annual Report on the work of the State Inspectorate, which is published on its website. The Committee also notes the Government’s indication on the number of inspections undertaken in the agriculture, forestry and fisheries sectors (1,104 inspections in 2019, 1,032 in 2020, 981 in 2021, and 880 in 2022) as well as on the number of indictments for violations identified concerning the same sectors (63 in 2019, 56 in 2020, 64 in 2021 and 45 in 2022). The Committee notes, however, that the Annual Report 2022 does not contain information concerning statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129), statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129), and industrial accidents and occupational diseases (Article 21(f) and (g) of Convention No. 81 and Article 27(f) and (g) of Convention No. 129). The Committee also notes that the report does not contain information concerning the staff of the labour inspection service in agriculture (Article 27(b) of Convention No. 129). The Committee requests the Government to give full effect to Article 21 of Convention No. 81 and Article 27 of Convention No. 129, in particular with regard to the required information listed above.

Issues specifically concerning labour inspection in agriculture

Article 9 of Convention No. 129. Training of labour inspectors in agriculture. The Committee notes the information provided by the Government that the training of inspectors is done through workshops and is based on the regulations, literature, and EU guidelines for the application of the directive on the protection of the health and safety of workers in agriculture, animal husbandry, horticulture and forestry. The Committee further notes the Government’s indication that the agriculture inspectorate operates within the State Inspectorate, which, if necessary, could be involved to address specific situations. The Committee requests the Government to provide information on the specific training provided to labour inspectors on the particular risks in agriculture and related issues upon their entry into service and in the course of employment, including the number of labour inspectors who completed such training, the specific subjects covered, and the duration of training sessions.

Articles 12(2) and 17 of Convention No. 129. Preventive control in association with other public bodies or approved institutions. The Committee notes the information provided by the Government that, since 1 April 2019, the State Inspectorate encompasses both the labour inspectorate and the agricultural and phytosanitary inspectorate, so that exchange of essential information between all inspectorates is ensured. The Committee requests the Government to provide information on how cooperation between labour inspection services and the agricultural and phytosanitary Inspection is carried out in practice in order to ensure that labour inspection services in agriculture are associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, and to include examples of such cooperative efforts.

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

Previous comment

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

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. In reply to the Committee’s previous comment, the Government indicates that labour inspectors are entrusted with supervising the implementation of provisions of the Foreigners Act regarding the legality of work and employment of third-country nationals without residence and work permits. The Government indicates that, in cases where the labour inspectors recognize the existence of illegal work performed by a third-country national, they take the prescribed misdemeanour and administrative measures and inform the Ministry of Interior and the Tax Administration of the Ministry of Finance for further action. The Committee notes that according to the 2022 Labour Inspection Report, the labour inspectorate identified 526 undeclared workers which were third-country nationals whose status was contrary to the provisions of the Foreigners Act. The Committee recalls 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 immigration law. It further recalls that pursuant to Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. Therefore, the Committee requests once again that the Government take measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as set forth in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. It also requests the Government to indicate how the labour inspectorate ensures the enforcement of employers’ obligations with regard to the statutory rights of workers found to be working irregularly, including migrant workers, particularly with regard to the payment of wages and social security credits.

Articles 3(2), 10, and 16 of Convention No. 81 and Articles 6(3), 14 and 21 of Convention No. 129. Number of labour inspectors for the effective discharge of the duties of the inspectorate and additional duties. In reply to the Committee’s previous comment, the Government indicates that in recent years, the number of cases communicated by the Tax Administration on non-payment of wages has significantly decreased, as well as the number of workers who have not been paid the minimum wage, so that these tasks no longer represent a burden that significantly impedes the conduct of inspections in the field of labour relations. The Committee also notes the Government’s indication that according to the Ordinance on the internal organization of the State Inspectorate No. 97 of 2020, a total of 268 labour inspector positions are foreseen within the State Inspectorate (148 in the field of labour relations and 120 in the field of occupational safety). The Government indicates that as of 31 December 2022, 188 positions were filled (108 in the field of labour relations, and 80 in the field of occupational health and safety). Finally, the Committee also notes the Government’s indication that difficulties in the application of the Convention derive from an insufficient number of labour inspectors. Noting that a considerable number of labour inspection positions are still vacant, the Committee requests the Government to take the necessary measures to fill them as soon as possible and also to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate, including in the agricultural sector, and that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the provisions of these Conventions.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22(1) and 24 of Convention No. 129. Institution of legal proceedings and enforcement of adequate penalties. The Committee takes note of the information provided by the Government that, in recent years, there have been fewer verdicts dismissing charges filed by labour inspectors in misdemeanour cases due to failure to comply with the applicable statute of limitations. However, the Government reports that it does not have statistical data on the number of prosecution motions rejected due to the limitation period in misdemeanour cases, nor on the fines imposed. The Committee also notes a decrease in the number of indictments submitted by labour inspectors to the competent courts in the past four years (2,366 in 2019, 1,608 in 2020, 1,466 in 2021 and 1,642 in 2022). The Committee recalls that in its 2007 General Observation on Convention No. 81 it emphasized that the effectiveness of the binding measures taken by the labour inspectorate depends to a large extent on the manner in which the judicial authorities deal with cases referred to them by, or at the recommendation of, labour inspectors. It is therefore indispensable for an arrangement to be established whereby relevant information can be notified to the labour inspectorate. Accordingly, the Committee requests that the Government indicate the measures adopted in order to ensure effective cooperation between the inspection services and the judiciary with regard to the effective enforcement of legal provisions relating to conditions of work and the protection of workers by labour inspectors. The Committee requests the Government to provide information on the progress achieved or the difficulties encountered in the effective enforcement of adequate and sufficiently dissuasive penalties, including information on the number and nature of penalties assessed, the total amounts assessed, and other sanctions. The Committee also encourages the Government to pursue its efforts in the collection of statistical information on the number of legal proceedings initiated by labour inspectors that were declared inadmissible, and the main reasons for their inadmissibility. Finally, the Committee requests the Government to provide information on the reasons for the decrease in the number of indictments submitted to the courts by labour inspectors.

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

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.

Repetition

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

The Committee notes the observations of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS) on Convention No. 81, received in 2016.

Articles 3(1)(b) and 17(2) of Convention No. 81 and Articles 6(1)(b) and 22(2) of Convention No. 129. Technical information and advice to employers and workers in the area of occupational safety and health (OSH). The Committee takes due note that, pursuant to section 29 of the Labour Inspectorate Act (No. 19/14) (LIA), labour inspectors may advise the employer, at the employer’s request and in direct relation to the subject of inspection, on the most efficient way to apply certain provisions of the regulations subject to inspection, and that an official note is to be recorded by the labour inspector on the content of the request and the advice provided. The Government also indicates in its report that, pursuant to section 36(1) of the LIA, labour inspectors shall issue administrative penalties where an irregularity has been found and where the LIA or other legislation provides for administrative penalties to be issued in such circumstances. In addition, the Government refers to administrative penalties provided in sections 91 and 92 of the Occupational Safety and Health Act (Nos 71/14, 118/14, 154/14) (OSH Act 2014) and the misdemeanour measures set out in sections 94 to 100 thereof. The Committee further notes the Government’s indication that the labour inspectorate cooperates with the Croatian Employers’ Association and trade unions, in occupational safety committees. The Committee requests the Government to continue to provide information regarding the manner in which the labour inspectorate provides technical information and advice to employers and workers, including further information regarding the nature, scope, and outcomes of the work of the labour inspectorate in occupational safety committees.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Supervision and control by a central authority. The Committee notes the Government’s indication that, following the adoption of the LIA and in accordance with the Act on the Organisation and Scope of the Ministries and other Central State Administration Bodies, the labour inspection carried out by the former State Inspectorate, which ceased its activities, has been transferred to the labour inspectorate, an independent administrative organization within the Ministry of Labour and Pension System, with its central office in Zagreb. The UATUC and NHS allege that with the abolition of the State Inspectorate, inspections services became administrative organisations within different ministries, which led to the loss of autonomy and independence in the labour inspectorate’s work. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure the effective functioning of the system of labour inspection under the supervision and control of the central authority.

Articles 5(a), 14 and 21(g) of Convention No. 81 and Articles 12, 19 and 27(g) of Convention No. 129. Effective cooperation between the inspection services and other government services and public institutions. Notification of cases of occupational diseases and statistics thereof. The Committee previously noted that the annual report on the work of the labour inspection services did not contain statistics on cases of occupational disease. In this respect, it notes the information contained in the Annual Report 2017 of the labour inspectorate that, during 2017, 19 inspections were carried out on the occasion of established diseases, involving 18 workers with occupational diseases. The Committee notes that, under section 63(9) of the OSH Act 2014, the occupational medicine specialist, to be appointed by the employer in accordance with regulations relating to health care and health insurance, is required to notify all cases suspected on reasonable grounds of being an occupational disease to a competent inspector and the institute competent for OSH. The Government further indicates that the Croatian Health Insurance Fund provides the labour inspectorate with monthly updated data on all occupational accidents which have occurred in the country and on recognized occupational diseases, and that an online system for providing access to this data is being established. The Croatian Institute for Health and Protection and Safety at Work keeps a public registry of recognized occupational diseases at the national level, and these statistics cover occupational diseases in agriculture. The Committee requests the Government to continue to provide information on the establishment of an online system for data on occupational accidents and recognized occupational diseases, including its impact on the work of the labour inspectorate, and whether the system includes statistics on both occupational accidents and diseases covering workers in agriculture.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. The Committee notes the Ordinance on the Activities and Working Conditions of the Civil Service (Nos 74/02, 58/08, 119/11, 33/13 and 65/15) and the Regulation on the Classification of Posts in the Civil Service (Nos 77/07, 13/08 and 81/08), referred to by the Government, and notes the provisions ensuring that inspectors receive a special allowance in addition to their basic salary. The Committee also notes the Government’s statement that labour inspectors are recruited for an indefinite period of time. The Committee requests the Government to provide further information regarding the conditions of work of labour inspectors, including opportunities for continuity and advancement within the inspectorate and the manner in which the Government ensures that the labour inspectors are independent of changes of government and of improper external influences, following the establishment of the new labour inspectorate.

Article 11(1)(b) of Convention No. 81 and Article 15(1)(b) of Convention No. 129. Transport facilities. With regard to its previous request for information regarding arrangements made to reimburse inspectors for any travelling and incidental expenses incurred in the performance of their duties, the Committee notes the Government’s indication that the reimbursement of travel costs of labour inspectors, both for transport and their stay at inspection sites, is regulated by the Collective Agreement for Civil Servants and Employees, and is calculated and paid accordingly, separate from their salary payment, so that they are reimbursed for all the costs related to inspection activities.

Article 12(1)(c)(iv) of Convention No. 81 and Article 16(1)(c)(iii) of Convention No. 129. Taking or removing for purposes of analysis samples of materials and substances used or handled. The Committee notes that section 34 of the LIA provides for the power of labour inspectors to temporarily seize any documents and objects that may be used as evidence in the misdemeanour or criminal procedure until a final decision has been rendered. Pursuant to section 33(4) of the LIA, the employer shall also prepare and submit, at the written request of the labour inspector and within a deadline sufficient to perform the obligation, accurate and complete data, information and materials required to conduct the inspection. The Committee requests the Government to provide information on any measures taken or envisaged to ensure that labour inspectors are empowered to carry out any examination, test or enquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed, including taking or removing for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purpose.

Articles 5(a), 20 and 21 of Convention No. 81 and Articles 12, 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services (in agriculture). In its previous comments, the Committee requested information regarding the sharing of data with other government bodies and institutions, with a view to establishing and updating the e-register of the labour inspectorate. In this respect, the Committee notes the Government’s indication that initial steps have been taken to link the e register with the records of various bodies, including the Croatian Pension Insurance Institute, the Tax Administration, and the Agency for Insurance of Workers’ Claims in Case of Employer’s Bankruptcy, and that the e-register also uses data from the Ministry of Entrepreneurship and Crafts and the Croatian Bureau of Statistics. The Committee also notes the efforts of the Government as part of the World Bank project, the “Social Protection System Modernization”, which aims to address labour inspectors’ need for quicker access to relevant registers, official records and databases. The Government indicates that this project may create the prerequisite for the development of special databases on employers, performed inspections, identified irregularities and measures undertaken to remedy irregularities. In addition, the Committee notes the Government’s indication that the e-register of the labour inspectorate contains up to-date data on inspections and the measures undertaken in the field of agriculture by labour inspectors. The Committee notes, however, that the Annual Report 2017 of the labour inspectorate does not seem to contain information on the subjects listed in Article 21(g) of Convention No. 81 concerning statistics of occupational diseases and Articles 27(a) to (g) of Convention No. 129 with regard to agriculture. The Committee requests the Government to give full effect to Article 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129, in particular with regard to the required information listed under Article 21(g) of Convention No. 81 and Article 27(a), (b), (c), (d), (e), (f), and (g) of Convention No. 129. It further requests the Government to continue to provide information regarding the cooperation and measures taken or envisaged for the improvement of the labour inspectorate’s e-register, as well as the impact of those measures on the labour inspectorate’s ability to publish its annual reports.

Issues specifically concerning labour inspection in agriculture

Article 9 of Convention No. 129. Training of labour inspectors in agriculture. The Committee notes the conditions for the recruitment of labour inspectors set out in section 11(10) and (11) of the LIA. The Committee also notes the Government’s reference to the training period of new labour inspectors by a mentor, and the manner in which subsequent trainings are conducted. With regard to its previous comments on the training of labour inspectors in areas related to agriculture, the Committee notes the Government’s indication that the labour inspectorate does not conduct special training in the field of agriculture, but that workshops take place at least twice per year in each regional office, during which issues related to agriculture are also considered. The Committee further notes the Government’s indication that the central office of the labour inspectorate provides additional instructions to labour inspectors if necessary. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure that labour inspectors acquire the technical knowledge and are otherwise adequately trained for the performance of their duties in the area of agriculture, including the manner in which agriculture is discussed and the specific subjects covered in the workshops referred to by the Government, and the frequency of agricultural training in any other settings.

Articles 12(2) and 17 of Convention No. 129. Preventive control in association with other public bodies or approved institutions. The Committee previously noted that the preventive control of plants, materials or substances that may be hazardous for health or safety is assumed by the Agricultural and Phytosanitary Inspection at the Ministry of Agriculture. In this respect, the Committee notes the Government’s indication in response to its previous request that the labour inspectorate cooperates with agricultural and phytosanitary inspectors, but that such cooperation is carried out only when necessary. The Committee requests the Government to provide further information regarding the recent cooperation between the labour inspectorate and the agricultural and phytosanitary inspectors on the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, including whether the Government has taken or envisaged any measures to plan more regular cooperation.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

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

The Committee notes the observations of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS) on Convention No. 81, received in 2016.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. The Committee notes that the Government has not replied to its previous request regarding the role of the labour inspectorate and the justice system in the enforcement of the Foreigners Act (FA) and on joint activities involving the labour inspectorate in combating undeclared work. The Committee notes that pursuant to section 3(2) of the Labour Inspection Act (LIA), labour inspectors conduct inspections in connection with the implementation of other legislation whenever stipulated in specific legislation. The Committee also notes that the Annual Report of the labour inspectorate of 2017, referred to by the Government, contains information on the work of labour inspectors in the enforcement of the provisions of the FA, including measures relating to the work of foreigners without a permit or a work registration certificate (section 208 of the FA). The Committee recalls once again its previous comments that the Convention does not contain any provision suggesting that any workers be excluded from the protection afforded by labour inspection on account of their irregular employment status, and 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 immigration law. It further recalls that pursuant to Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties.The Committee requests the Government to take measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as provided for in Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It also once again requests the Government to provide detailed information regarding the role of labour inspectors in the enforcement of the FA, as well as any other joint activities between the labour inspectorate and other state bodies aimed at combating undeclared work, including the scope of these activities, the proportion of labour inspection activities and resources directed to the enforcement of the FA or otherwise combating undeclared work, and the impact of these activities on the work of the labour inspectorate with regard to the enforcement of legal provisions on conditions of work and the protection of workers.

Articles 3(2), 10, and 16 of Convention No. 81 and Articles 6(3), 14 and 21 of Convention No. 129. Number of labour inspectors for the effective discharge of the duties of the inspectorate and additional duties. The Committee notes the observations by the UATUC and the NHS that there is an insufficient number of labour inspectors, and that the existing inspection staff is burdened by the quantity of work related to workers’ claims in cases of employer bankruptcy, which prevents them from discharging their primary tasks in the fields of employment relations and occupational health and safety (OSH). The UATUC and NHS further note the likely imminent retirement of many labour inspectors, and that the lack of inspectors has a significant influence on the regularity and quality of inspections in the field of OSH and labour relations. The Committee notes the Government’s statement that, as of 31 December 2016, the labour inspectorate employed a total of 226 labour inspectors and 10 other civil servants in positions related to IT and analytical activities for the improvement of the work carried out by the labour inspectorate and that by 31 December 2017, the number of labour inspectors had increased to 229. Nonetheless, the Government also identifies the insufficient number of labour inspectors as one of the difficulties encountered in the application of the Convention.The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure that a sufficient number of labour inspectors is appointed, in accordance with Article 10 of Convention No. 81 and Article 14 of Convention No. 129, and that existing labour inspectors’ additional duties do not interfere with the effective discharge of their primary duties.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22(1) and 24 of Convention No. 129. Institution of legal proceedings and enforcement of adequate penalties. In its previous comments, the Committee noted a decrease in the rate of cases in which the legal proceedings initiated by labour inspectors were declared inadmissible by the misdemeanour courts due to the expiration of the statute of limitations (from 58 to 36.5 per cent), due primarily to the adoption of the Misdemeanours Act modifying the applicable time limits. The Committee notes an absence of information in response to its previous request regarding additional measures to give effect to Articles 5(a), 17 and 18 of Convention No. 81.Recalling the importance of cooperation between the labour inspection system and the justice system, the Committee requests the Government to provide information regarding any measures taken or envisaged to accelerate the examination of cases referred by labour inspectors to the courts and to ensure effective enforcement of adequate and sufficiently dissuasive penalties, including detailed information on the progress achieved or the difficulties encountered as well as statistical information on the number of legal proceedings initiated by labour inspectors that were declared inadmissible, and the main reasons for their inadmissibility.

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

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

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

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

The Committee notes the observations of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS) on Convention No. 81, received in 2016.

Articles 3(1)(b) and 17(2) of Convention No. 81 and Articles 6(1)(b) and 22(2) of Convention No. 129. Technical information and advice to employers and workers in the area of occupational safety and health (OSH). The Committee takes due note that, pursuant to section 29 of the Labour Inspectorate Act (No. 19/14) (LIA), labour inspectors may advise the employer, at the employer’s request and in direct relation to the subject of inspection, on the most efficient way to apply certain provisions of the regulations subject to inspection, and that an official note is to be recorded by the labour inspector on the content of the request and the advice provided. The Government also indicates in its report that, pursuant to section 36(1) of the LIA, labour inspectors shall issue administrative penalties where an irregularity has been found and where the LIA or other legislation provides for administrative penalties to be issued in such circumstances. In addition, the Government refers to administrative penalties provided in sections 91 and 92 of the Occupational Safety and Health Act (Nos 71/14, 118/14, 154/14) (OSH Act 2014) and the misdemeanour measures set out in sections 94 to 100 thereof. The Committee further notes the Government’s indication that the labour inspectorate cooperates with the Croatian Employers’ Association and trade unions, in occupational safety committees. The Committee requests the Government to continue to provide information regarding the manner in which the labour inspectorate provides technical information and advice to employers and workers, including further information regarding the nature, scope, and outcomes of the work of the labour inspectorate in occupational safety committees.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Supervision and control by a central authority. The Committee notes the Government’s indication that, following the adoption of the LIA and in accordance with the Act on the Organisation and Scope of the Ministries and other Central State Administration Bodies, the labour inspection carried out by the former State Inspectorate, which ceased its activities, has been transferred to the labour inspectorate, an independent administrative organization within the Ministry of Labour and Pension System, with its central office in Zagreb. The UATUC and NHS allege that with the abolition of the State Inspectorate, inspections services became administrative organisations within different ministries, which led to the loss of autonomy and independence in the labour inspectorate’s work. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure the effective functioning of the system of labour inspection under the supervision and control of the central authority.

Articles 5(a), 14 and 21(g) of Convention No. 81 and Articles 12, 19 and 27(g) of Convention No. 129. Effective cooperation between the inspection services and other government services and public institutions. Notification of cases of occupational diseases and statistics thereof. The Committee previously noted that the annual report on the work of the labour inspection services did not contain statistics on cases of occupational disease. In this respect, it notes the information contained in the Annual Report 2017 of the labour inspectorate that, during 2017, 19 inspections were carried out on the occasion of established diseases, involving 18 workers with occupational diseases. The Committee notes that, under section 63(9) of the OSH Act 2014, the occupational medicine specialist, to be appointed by the employer in accordance with regulations relating to health care and health insurance, is required to notify all cases suspected on reasonable grounds of being an occupational disease to a competent inspector and the institute competent for OSH. The Government further indicates that the Croatian Health Insurance Fund provides the labour inspectorate with monthly updated data on all occupational accidents which have occurred in the country and on recognized occupational diseases, and that an online system for providing access to this data is being established. The Croatian Institute for Health and Protection and Safety at Work keeps a public registry of recognized occupational diseases at the national level, and these statistics cover occupational diseases in agriculture. The Committee requests the Government to continue to provide information on the establishment of an online system for data on occupational accidents and recognized occupational diseases, including its impact on the work of the labour inspectorate, and whether the system includes statistics on both occupational accidents and diseases covering workers in agriculture.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. The Committee notes the Ordinance on the Activities and Working Conditions of the Civil Service (Nos 74/02, 58/08, 119/11, 33/13 and 65/15) and the Regulation on the Classification of Posts in the Civil Service (Nos 77/07, 13/08 and 81/08), referred to by the Government, and notes the provisions ensuring that inspectors receive a special allowance in addition to their basic salary. The Committee also notes the Government’s statement that labour inspectors are recruited for an indefinite period of time. The Committee requests the Government to provide further information regarding the conditions of work of labour inspectors, including opportunities for continuity and advancement within the inspectorate and the manner in which the Government ensures that the labour inspectors are independent of changes of government and of improper external influences, following the establishment of the new labour inspectorate.

Article 11(1)(b) of Convention No. 81 and Article 15(1)(b) of Convention No. 129. Transport facilities. With regard to its previous request for information regarding arrangements made to reimburse inspectors for any travelling and incidental expenses incurred in the performance of their duties, the Committee notes the Government’s indication that the reimbursement of travel costs of labour inspectors, both for transport and their stay at inspection sites, is regulated by the Collective Agreement for Civil Servants and Employees, and is calculated and paid accordingly, separate from their salary payment, so that they are reimbursed for all the costs related to inspection activities.

Article 12(1)(c)(iv) of Convention No. 81 and Article 16(1)(c)(iii) of Convention No. 129. Taking or removing for purposes of analysis samples of materials and substances used or handled. The Committee notes that section 34 of the LIA provides for the power of labour inspectors to temporarily seize any documents and objects that may be used as evidence in the misdemeanour or criminal procedure until a final decision has been rendered. Pursuant to section 33(4) of the LIA, the employer shall also prepare and submit, at the written request of the labour inspector and within a deadline sufficient to perform the obligation, accurate and complete data, information and materials required to conduct the inspection. The Committee requests the Government to provide information on any measures taken or envisaged to ensure that labour inspectors are empowered to carry out any examination, test or enquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed, including taking or removing for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purpose.

Articles 5(a), 20 and 21 of Convention No. 81 and Articles 12, 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services (in agriculture). In its previous comments, the Committee requested information regarding the sharing of data with other government bodies and institutions, with a view to establishing and updating the e-register of the labour inspectorate. In this respect, the Committee notes the Government’s indication that initial steps have been taken to link the e register with the records of various bodies, including the Croatian Pension Insurance Institute, the Tax Administration, and the Agency for Insurance of Workers’ Claims in Case of Employer’s Bankruptcy, and that the e-register also uses data from the Ministry of Entrepreneurship and Crafts and the Croatian Bureau of Statistics. The Committee also notes the efforts of the Government as part of the World Bank project, the “Social Protection System Modernization”, which aims to address labour inspectors’ need for quicker access to relevant registers, official records and databases. The Government indicates that this project may create the prerequisite for the development of special databases on employers, performed inspections, identified irregularities and measures undertaken to remedy irregularities. In addition, the Committee notes the Government’s indication that the e-register of the labour inspectorate contains up to-date data on inspections and the measures undertaken in the field of agriculture by labour inspectors. The Committee notes, however, that the Annual Report 2017 of the labour inspectorate does not seem to contain information on the subjects listed in Article 21(g) of Convention No. 81 concerning statistics of occupational diseases and Articles 27(a) to (g) of Convention No. 129 with regard to agriculture. The Committee requests the Government to give full effect to Article 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129, in particular with regard to the required information listed under Article 21(g) of Convention No. 81 and Article 27(a), (b), (c), (d), (e), (f), and (g) of Convention No. 129. It further requests the Government to continue to provide information regarding the cooperation and measures taken or envisaged for the improvement of the labour inspectorate’s e-register, as well as the impact of those measures on the labour inspectorate’s ability to publish its annual reports.

Issues specifically concerning labour inspection in agriculture

Article 9 of Convention No. 129. Training of labour inspectors in agriculture. The Committee notes the conditions for the recruitment of labour inspectors set out in section 11(10) and (11) of the LIA. The Committee also notes the Government’s reference to the training period of new labour inspectors by a mentor, and the manner in which subsequent trainings are conducted. With regard to its previous comments on the training of labour inspectors in areas related to agriculture, the Committee notes the Government’s indication that the labour inspectorate does not conduct special training in the field of agriculture, but that workshops take place at least twice per year in each regional office, during which issues related to agriculture are also considered. The Committee further notes the Government’s indication that the central office of the labour inspectorate provides additional instructions to labour inspectors if necessary. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure that labour inspectors acquire the technical knowledge and are otherwise adequately trained for the performance of their duties in the area of agriculture, including the manner in which agriculture is discussed and the specific subjects covered in the workshops referred to by the Government, and the frequency of agricultural training in any other settings.

Articles 12(2) and 17 of Convention No. 129. Preventive control in association with other public bodies or approved institutions. The Committee previously noted that the preventive control of plants, materials or substances that may be hazardous for health or safety is assumed by the Agricultural and Phytosanitary Inspection at the Ministry of Agriculture. In this respect, the Committee notes the Government’s indication in response to its previous request that the labour inspectorate cooperates with agricultural and phytosanitary inspectors, but that such cooperation is carried out only when necessary. The Committee requests the Government to provide further information regarding the recent cooperation between the labour inspectorate and the agricultural and phytosanitary inspectors on the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, including whether the Government has taken or envisaged any measures to plan more regular cooperation.

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

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

The Committee notes the observations of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS) on Convention No. 81, received in 2016.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. The Committee notes that the Government has not replied to its previous request regarding the role of the labour inspectorate and the justice system in the enforcement of the Foreigners Act (FA) and on joint activities involving the labour inspectorate in combating undeclared work. The Committee notes that pursuant to section 3(2) of the Labour Inspection Act (LIA), labour inspectors conduct inspections in connection with the implementation of other legislation whenever stipulated in specific legislation. The Committee also notes that the Annual Report of the labour inspectorate of 2017, referred to by the Government, contains information on the work of labour inspectors in the enforcement of the provisions of the FA, including measures relating to the work of foreigners without a permit or a work registration certificate (section 208 of the FA). The Committee recalls once again its previous comments that the Convention does not contain any provision suggesting that any workers be excluded from the protection afforded by labour inspection on account of their irregular employment status, and 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 immigration law. It further recalls that pursuant to Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. The Committee requests the Government to take measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as provided for in Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It also once again requests the Government to provide detailed information regarding the role of labour inspectors in the enforcement of the FA, as well as any other joint activities between the labour inspectorate and other state bodies aimed at combating undeclared work, including the scope of these activities, the proportion of labour inspection activities and resources directed to the enforcement of the FA or otherwise combating undeclared work, and the impact of these activities on the work of the labour inspectorate with regard to the enforcement of legal provisions on conditions of work and the protection of workers.

Articles 3(2), 10, and 16 of Convention No. 81 and Articles 6(3), 14 and 21 of Convention No. 129. Number of labour inspectors for the effective discharge of the duties of the inspectorate and additional duties. The Committee notes the observations by the UATUC and the NHS that there is an insufficient number of labour inspectors, and that the existing inspection staff is burdened by the quantity of work related to workers’ claims in cases of employer bankruptcy, which prevents them from discharging their primary tasks in the fields of employment relations and occupational health and safety (OSH). The UATUC and NHS further note the likely imminent retirement of many labour inspectors, and that the lack of inspectors has a significant influence on the regularity and quality of inspections in the field of OSH and labour relations. The Committee notes the Government’s statement that, as of 31 December 2016, the labour inspectorate employed a total of 226 labour inspectors and 10 other civil servants in positions related to IT and analytical activities for the improvement of the work carried out by the labour inspectorate and that by 31 December 2017, the number of labour inspectors had increased to 229. Nonetheless, the Government also identifies the insufficient number of labour inspectors as one of the difficulties encountered in the application of the Convention. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure that a sufficient number of labour inspectors is appointed, in accordance with Article 10 of Convention No. 81 and Article 14 of Convention No. 129, and that existing labour inspectors’ additional duties do not interfere with the effective discharge of their primary duties.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22(1) and 24 of Convention No. 129. Institution of legal proceedings and enforcement of adequate penalties. In its previous comments, the Committee noted a decrease in the rate of cases in which the legal proceedings initiated by labour inspectors were declared inadmissible by the misdemeanour courts due to the expiration of the statute of limitations (from 58 to 36.5 per cent), due primarily to the adoption of the Misdemeanours Act modifying the applicable time limits. The Committee notes an absence of information in response to its previous request regarding additional measures to give effect to Articles 5(a), 17 and 18 of Convention No. 81. Recalling the importance of cooperation between the labour inspection system and the justice system, the Committee requests the Government to provide information regarding any measures taken or envisaged to accelerate the examination of cases referred by labour inspectors to the courts and to ensure effective enforcement of adequate and sufficiently dissuasive penalties, including detailed information on the progress achieved or the difficulties encountered as well as statistical information on the number of legal proceedings initiated by labour inspectors that were declared inadmissible, and the main reasons for their inadmissibility.

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

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

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.

Repetition

Article 5 of the Convention. Coverage of the Convention. The Committee asks the Government to indicate whether it is envisaged to give effect to the provisions of the Convention in respect of tenants who do not engage outside help, sharecroppers and similar categories of agricultural workers; persons participating in a collective economic enterprise, such as members of a cooperative; or members of the family of the operator of the undertaking, as defined by national laws or regulations.

Article 9. Training of labour inspectors in agriculture. The Committee notes that according to the Government, the mentoring and state examination process for newly admitted civil servants covers legislation on the protection of workers from risks related to the exposure of chemical substances at work. It further notes the information provided in the Government’s report under Convention No. 81, that in the framework of the project “IPA 2007 – Health and Safety at Work”, labour inspectors in the area of occupational safety and health participated in trainings in the framework of the project “Chemical safety and strengthening of the legal framework and institutional infrastructure for the protection from dangerous chemical substances”, which was provided by experts from Sweden, Italy, Austria, Slovakia and Greece. The Committee also notes that the Government refers to trainings in the regional units of the labour inspection services, but does not provide information on training in areas specifically related to agriculture. The Committee invites the Government to provide information on the frequency and content of training courses for labour inspectors, and the number of participants in such courses in areas particularly related to agriculture, and the impact of these training activities on the operation of the labour inspection system.

Article 15(1)(b). Transport facilities. The Committee notes the information in the Government’s report, according to which, in the framework of the project “IPA 2007 – Health and Safety at Work”, 35 vehicles were purchased for the labour inspection services. It notes however from the information provided under Convention No. 81, that the number of official vehicles at the disposal of the labour inspectorate was 127 at the end of 2011, whereas, according to information provided by the Government in its last report, the number of vehicles at the disposal of the labour inspectorate (158 at the end of 2009), which was already considered insufficient. The Committee asks the Government to provide clarifications as to the number of official vehicles at the disposal of the inspectorate and to continue to provide information on the measures taken or envisaged in order to improve the mobility of labour inspectors. Noting that the Government has not provided any information in this regard, it once again asks it to indicate the arrangements made to reimburse to inspectors any travelling and incidental expenses which they may incur in the performance of their duties.

Articles 12(2) and 17. Preventive control in association with other public bodies or approved institutions. The Committee notes the information provided by the Government according to which the preventive control of plants, materials or substances that may be hazardous for health or safety is assumed by the Agricultural and Phytosanitary Inspection at the Ministry of Agriculture, which performs the supervision of plants, plant products and other supervised objects in the implementation of regulations in the field of plant health. The Committee asks the Government to provide information on any type of cooperation between the labour inspection services and the Agricultural and Phytosanitary Inspection.

Articles 26 and 27 of the Convention. Reporting on the system of labour inspection in agriculture. The Committee previously noted that the implementation of an electronic register (e-register) will enable the labour inspectorate to prepare and send to the Office an annual report with data on inspections broken down by economic activity, including in agriculture, forestry and fisheries. The Committee notes that, while statistics on industrial accidents are provided for this sector in the annual report for 2011, which is available on the website of the labour inspectorate, separate information is not yet provided on other subjects as required under Article 27 of the Convention (including the number of inspection visits in agriculture, the statistics of agricultural undertakings liable to inspection and the number of persons working therein, the violations and penalties imposed as a result of inspection visits, etc.). The Committee asks the Government to keep the Office informed of further progress made in this regard.

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

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

Article 5 of the Convention. Coverage of the Convention. The Committee asks the Government to indicate whether it is envisaged to give effect to the provisions of the Convention in respect of tenants who do not engage outside help, sharecroppers and similar categories of agricultural workers; persons participating in a collective economic enterprise, such as members of a cooperative; or members of the family of the operator of the undertaking, as defined by national laws or regulations.

Article 9. Training of labour inspectors in agriculture. The Committee notes that according to the Government, the mentoring and state examination process for newly admitted civil servants covers legislation on the protection of workers from risks related to the exposure of chemical substances at work. It further notes the information provided in the Government’s report under Convention No. 81, that in the framework of the project “IPA 2007 – Health and Safety at Work”, labour inspectors in the area of occupational safety and health participated in trainings in the framework of the project “Chemical safety and strengthening of the legal framework and institutional infrastructure for the protection from dangerous chemical substances”, which was provided by experts from Sweden, Italy, Austria, Slovakia and Greece. The Committee also notes that the Government refers to trainings in the regional units of the labour inspection services, but does not provide information on training in areas specifically related to agriculture. The Committee invites the Government to provide information on the frequency and content of training courses for labour inspectors, and the number of participants in such courses in areas particularly related to agriculture, and the impact of these training activities on the operation of the labour inspection system.

Article 15(1)(b). Transport facilities. The Committee notes the information in the Government’s report, according to which, in the framework of the project “IPA 2007 – Health and Safety at Work”, 35 vehicles were purchased for the labour inspection services. It notes however from the information provided under Convention No. 81, that the number of official vehicles at the disposal of the labour inspectorate was 127 at the end of 2011, whereas, according to information provided by the Government in its last report, the number of vehicles at the disposal of the labour inspectorate (158 at the end of 2009), which was already considered insufficient. The Committee asks the Government to provide clarifications as to the number of official vehicles at the disposal of the inspectorate and to continue to provide information on the measures taken or envisaged in order to improve the mobility of labour inspectors. Noting that the Government has not provided any information in this regard, it once again asks it to indicate the arrangements made to reimburse to inspectors any travelling and incidental expenses which they may incur in the performance of their duties.

Articles 12(2) and 17. Preventive control in association with other public bodies or approved institutions. The Committee notes the information provided by the Government according to which the preventive control of plants, materials or substances that may be hazardous for health or safety is assumed by the Agricultural and Phytosanitary Inspection at the Ministry of Agriculture, which performs the supervision of plants, plant products and other supervised objects in the implementation of regulations in the field of plant health. The Committee asks the Government to provide information on any type of cooperation between the labour inspection services and the Agricultural and Phytosanitary Inspection.

Articles 26 and 27 of the Convention. Reporting on the system of labour inspection in agriculture. The Committee previously noted that the implementation of an electronic register (e-register) will enable the labour inspectorate to prepare and send to the Office an annual report with data on inspections broken down by economic activity, including in agriculture, forestry and fisheries. The Committee notes that, while statistics on industrial accidents are provided for this sector in the annual report for 2011, which is available on the website of the labour inspectorate, separate information is not yet provided on other subjects as required under Article 27 of the Convention (including the number of inspection visits in agriculture, the statistics of agricultural undertakings liable to inspection and the number of persons working therein, the violations and penalties imposed as a result of inspection visits, etc.). The Committee asks the Government to keep the Office informed of further progress made in this regard.

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

The Committee notes the Government’s report received on 29 October 2010. Further to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee wishes to raise the following points.

Article 9 of the Convention. Recruitment and training of labour inspectors in agriculture. The Committee notes that labour inspectors are admitted to service after having gone through a process of mentoring and a state examination. The Committee requests the Government to indicate whether the mentoring and examination process covers issues specifically related to agriculture (e.g. the handling of dangerous pesticides and other chemicals) and, if that is not the case, to indicate any measures taken or envisaged to ensure that full effect is given in this regard to Article 9 of the Convention.

Article 15(1)(b). Transport facilities. The Committee notes that, according to the Government’s report, at the end of 2009 the State Inspectorate had at its disposal 158 cars, which were nevertheless not sufficient, given that labour inspectors carry out field work covering the entire territory of the Republic of Croatia. The Committee would be grateful if the Government would indicate any further measures taken or envisaged in order to improve the transport facilities at the disposal of the State Inspectorate especially in agriculture, and to indicate the arrangements made to reimburse to inspectors any travelling and incidental expenses which they may incur for the performance of their duties.

Articles 12(1), 17 and 21. Effective inspection of agricultural undertakings in cooperation with other public bodies. The Committee notes the information provided by the Government on collaboration between the inspection services in agriculture and other public bodies. In its previous comments, the Committee had welcomed the fact that priority in inspection was given to risky sectors, such as forestry, and sectors where workers’ deaths or serious occupational diseases were very numerous. The Committee requests the Government to indicate any practical measures taken or envisaged so as to ensure that agricultural undertakings are inspected as often and as thoroughly as is necessary and to provide details on the modalities and impact of the collaboration between the inspection services and other public bodies in agriculture.

Articles 12(2) and 17. Preventive control in association with other public bodies or approved institutions. The Government indicates that, following the adoption of the new State Inspectorate Act, labour inspectors no longer participate in procedures for granting building approvals or approving the use of buildings intended for work. The Committee requests the Government to indicate whether the preventive control of new plant, materials or substances which appear likely to constitute a threat to health or safety has been entrusted to other government services or public institutions and whether any modalities have been established to ensure that labour inspectors remain associated in this control.

Articles 25, 26 and 27. Reporting on the system of labour inspection in agriculture. The Committee notes with interest from the Government’s report that, as a result of the implementation of an electronic Register (e-Register) system which became operational on 1 January 2010 in the area of labour relations, and is being developed in relation to occupational safety and health, the labour inspectorate will be able in the next reporting period to prepare and send to the Office an annual report with data on inspections broken down by economic activity including in agriculture, forestry and fisheries. For the time being, the annual labour inspection reports do not contain such information as the State Labour Inspectorate is a single labour inspection authority responsible for all sectors of economic activity including agriculture. The Committee requests the Government to keep the Office informed of progress made in this regard. Drawing attention to the provisions of Article 27 of the Convention, it requests the Government to indicate the measures taken or envisaged so as to ensure that the annual reports of the State Inspectorate include comprehensive information reflecting not only the number of inspection visits in agriculture but also the number of labour inspection staff carrying out such inspection visits, the agricultural undertakings liable to inspection and the number of persons working therein, the violations and penalties imposed as a result of inspection visits in agriculture, and the occupational accidents and cases of occupational diseases in agriculture.

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

The Committee notes the Government’s report received on 14 October 2008 and would be grateful if the Government would communicate to the ILO the legislation cited in Part I of the report, Regulation on the internal organization of the State Labour Inspectorate (OG 66/05, 42/06 and 127/07) adopted by the Government, which entered into force on 20 December 2007, and Ordinance on the internal order of the State Labour Inspectorate, issued by the Chief Inspector, which entered into force on 29 February 2008. The Committee would also like to draw the Government’s attention to the following points.

Article 8 of the Convention. Status and conditions of service of the labour inspectors. Referring to its direct request relating to the Labour Inspection Convention, 1947 (No. 81) (Article 6), the Committee would be grateful if the Government would provide information on the status and conditions of service of the labour inspection exercising their functions in the agricultural sector.

Articles 10, 11, 14 and 15. Staff and material resources of labour inspection. According to the Government, the normative prerequisites for additional increase of the number of inspectors were fulfilled and, on 6 May 2008, the State Labour Inspectorate issued a public vacancy announcement for 34 labour inspectors responsible for labour relations and 31 labour inspectors responsible for occupational safety and health. In addition, the Government indicates that significant financial resources were invested to better equip labour inspectors and increase their mobility. The Committee would be grateful if the Government would provide detailed information on the current number of labour inspectors exercising their functions in the agricultural sector as a result of the aforementioned measures, indicating particularly their representation by sex, categories and levels of responsibility, and on the number of inspectors invested with functions of a technical or specialized character. The Committee requests the Government to also communicate detailed statistical information on the number and geographical distribution of the local labour inspection offices in charge of agricultural enterprises and on the means of communication and transport facilities available to them, and to indicate the arrangements made to reimburse to inspectors any travelling and incidental expenses which they may incur for the performance of their duties.

Article 12, paragraph 1. Cooperation between the inspection services in agriculture and other public bodies. In paragraph 150 of its General Survey of 2006 on labour inspection, the Committee emphasizes that the effectiveness of labour inspection will depend in no small measure on its capacity to function through interaction with its social and economic environment, and requires action to develop mechanisms and areas of cooperation with all the public and private actors concerned and with the social partners and their representative organizations. The Committee asks once again the Government to indicate the measures taken or foreseen to promote an effective cooperation between the inspection services in agriculture and other government services or public institutions engaged in similar activities.

Article 20, paragraph 2. Obligation of secrecy. According to the Government, labour inspectors’ obligation to keep an official or other secret, of which they may gain knowledge during their tenure, shall continue even after they leave the civil service, but for no longer than five years, unless otherwise specified by separate legislation. The Committee draws the Government’s attention to paragraph 232 of the abovementioned General Survey, which points out that “… legitimate interests of employers have to be safeguarded by protection that is of a permanent nature …” and requests the Government to take necessary measures in order to bring the Croatian legislation in full accordance with this provision of the Convention.

Articles 21, 26 and 27. Annual labour inspection report. According to the Government, the Economic and Social Council issued on 14 April 2008 a conclusion in which it proposed to certain state bodies to sit together and examine the issue of violations in the area of labour relations and occupational safety and health. As regards the frequency rate of inspections visits, even if the Croatian legislation does not prescribe any time interval in which inspections should be carried out, the Committee notes with interest that, according to the established practice, most risky sectors, such as forestry, and sectors where cases involving workers’ deaths or serious occupational diseases are very numerous, were given priority in inspection. It also notes with interest the information that an e-Register system was currently being established in order to enable the Government to prepare and provide information on the inspections carried out by labour inspectors. The Committee requests the Government to practical measures to ensure the effectiveness of the inspection of agricultural undertakings, including a higher frequency rate of such inspection visits, and to ensure the publication of an annual report on the activities of the inspection services in agriculture in a more detailed and comprehensive way, which will contain the information required under Article 27, and to provide detailed information on the outcome achieved as a result of implementing the aforementioned conclusion of the Social and Economic Council and the e-Register system.

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

With reference also to its request concerning the application of Convention No. 81, the Committee would be grateful if the Government would provide additional information on the following matters.

Article 12 of the Convention. Cooperation between the inspection services in agriculture and other government services or public institutions. The Committee asks the Government to indicate the measures taken to promote such cooperation in an effective manner with regard specifically to agriculture-related issues, and to give tangible examples thereof.

Articles 14, 15, 21, 26 and 27. Human and material resources of the inspection services in agriculture and inspections of agricultural undertakings. Annual report on the activities of the inspection services in the area of agriculture. According to the Government’s report, due to a shortage of staff and technical means, inspectors devote a large amount of their time to inspections relating to occupational accidents, to the detriment of routine inspections. The Committee asks the Government to indicate the measures taken or envisaged to ensure that routine inspections focusing on the application of occupational safety and health provisions and the legislation establishing general conditions of work are carried out in agricultural undertakings. In this regard, while noting the annual inspection activity report for 2005, the Committee asks the Government to take the necessary measures to ensure that this report contains the information required under Article 27, clauses (a)–(g), on the activities of inspectors in the agricultural sector and, in particular, statistics on the number of inspections carried out, the number of agricultural undertakings liable to inspection and the number of workers concerned.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report, the detailed explanations provided in response to its previous request and the annual state inspectorate report for 2003 on safety at work published by the periodical Sigurnost. It requests the Government to continue providing full information on the implementation of the provisions of the Convention and to attach to its future reports the annual reports published by the central inspection authority, in accordance with Articles 26 and 27 of the Convention.

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

The Committee notes the detailed reports for the period ending in September 2002 on the manner in which effect is given in law to the provisions of the Convention, and the information on the cases of occupational accidents and work fatalities reported to the inspection services in 2001. It also notes the Labour Code of 17 May 1995, the Act of 5 July 1996 on health and safety at work, the Act of 26 November 1997 amending the Act respecting the structure and competencies of the ministries and state administrative bodies, and the State Inspectorate Act of 8 July 1999.

The Government is asked to provide additional information on the following provisions of the Convention.

Article 6, paragraph 2, of the Convention. The portion of time allocated by the labour inspectors to the additional duties assigned to them under section 30 of the State Inspectorate Act (enforcement of the legal provisions concerning the general conditions for undertaking activities and the protection of consumers).

Article 15. A description of the procedure for the reimbursement of inspector’s work-related travel expenses where they have to use their own vehicles or means of public or private transport other than those made available to the inspection services.

Article 18, paragraph 2(b). The measures taken or envisaged to give effect to this provision which establishes that labour inspectors in agriculture shall be allowed, subject to any legal or administrative appeals that may be allowed by the national legislation, to order or issue orders for measures with immediate executory force to be taken, which can go as far as halting the work in the event of imminent danger to health or safety.

Article 22, paragraph 2. The measures envisaged to give effect to this provision which states that it should be left to the discretion of labour inspectors to give warning and advice instead of instituting proceedings against the authors of infringements of the legal provisions.

Articles 26 and 27. The annual report on the activities of: (1) the inspectors for health and safety at work on the types of inspections carried out and the measures taken as indicated by the Government in its report; and (2) inspectors in the field of labour relations.