All Comments

Previous comments: Direct request and observation.

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

Labour Inspection Convention, 1947 (No. 81) and Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Legislation. Further to its previous comment, the Committee notes the adoption of the new Law on Inspection Supervision in 2019 and the Government’s indication that: (i) the 2019 Law on Inspection Supervision is a general law regulating the basic principles of inspection of all supervisory bodies, the status, competences and functioning of the Inspection Council and the modes of operation of inspectors in the various bodies; (ii) the Law on Labour Inspection of 1997 is a special law that regulates the organization and work of the State Labour Inspectorate, which is responsible for the enforcement of laws and regulations on labour relations, labour protection, collective agreements and employment contracts; and (iii) the Law on Inspection Supervision of 2019 and the Law on Labour Inspection of 1997 are compatible, the difference is that the latter empowers labour inspectors to enter the employer’s premises, at any time of the day and night, without prior notice and regardless of the employer’s working hours (section 10), whereas the Law on Inspection Supervision of 2019 provides for announced inspections as a general rule (section 69(2)). The Government indicates that in practice the inspectors did not face any major challenges in their actions by applying the provisions of both laws. The Committee takes note of this information, which responds to its previous request.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Undeclared work. The Committee notes that the Government did not provide the information requested in its previous comment. The Committee once again requests the Government to provide information on the labour inspection activities related to undeclared work, including the number of inspections undertaken, violations identified, orders issued for the establishment of employment contracts and subsequent penalties imposed.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Structure of the labour inspection system. Supervision and control by a central authority. In response to its previous comment, the Committee notes the Government’s indication that under section 18 of the Law on Inspection Supervision of 2019, the Inspection Council: (i) gives its consent to the annual and monthly inspection plans of the State Labour Inspectorate containing information on the elements planned for the following period, including on the recruitment of inspectors, the number of trainings, the budgetary funds required and the number of inspections planned per inspector in the following month; (ii) evaluates the six-month reports on the work carried out by the State Labour Inspectorate, taking into account the number of inspections performed, the infringements detected, the number of new hires or retirements in the service in the last period, the trainings carried out, the budget execution, the risk assessment methodologies adopted by the inspection services and the performance evaluation of the inspectors; and (iii) gives indications and guidelines to improve the work of the labour inspection services in relation to the planning of inspections and their execution and organizes working meetings to overcome the problems faced by the inspection services. It also notes the number of improvement orders issued by the Inspection Council to the State Labour Inspectorate during 2020 and 2021. The Committee requests the Government to continue to provide information on the impact of supervision by the Inspection Council on the activities of the State Labour Inspectorate, including the content of the indications and guidelines given by the Council to improve the work of the labour inspection services.

Articles 5(a), 13 and 14 of Convention No. 81 and Articles 12(1), 18 and 19 of Convention No. 129. Cooperation between the inspection services and government services in the areas of occupational safety and health (OSH). In reply to its previous comment, the Committee notes the information provided by the Government on the joint inspections carried out by the State Labour Inspectorate and various government services, including the State Education Inspectorate, the State Environmental Inspectorate and public health institutions. In this respect, it notes the comprehensive information provided on the number of joint inspection visits carried out in 2020 and 2021 (60,976 inspections), as well as the number of injuries and fatalities by economic activity in 2020, 2021 and 2022. The Committee takes note of this information, which responds to its previous request.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 13, 22, 23 and 24 of Convention No. 129. Legal proceedings and adequate penalties. Cooperation with the judiciary. Further to its previous comment, the Committee notes the statistical information provided by the Government on the number of violations identified, administrative measures and orders issued, misdemeanour and criminal charges filed and penalties imposed. It also notes the Government’s indication that, in 2022, the Inspection Council submitted an instruction to the Ministry of Labour and Social Policy on the need to amend the Labour Relations Law of 2015 to reinforce measures and penalties for labour offences related to the payment of wages and other payments from employment.

It further notes that the Government did not provide information on the impact of the settlement procedure provided for in section 266(c)(3) and (5) of the Labour Relations Law of 2015, whereby the amount of the fine imposed may be reduced by half on the basis of the agreement of the liable employer to pay the fine within eight days. The Committee once again requests the Government to indicate the impact of the settlement procedures on the protection of workers’ rights and how it ensures that sanctions for violations are effectively enforced and remain sufficiently dissuasive, including in the context of the possible amendment of the Labour Relations Law of 2015. It also requests the Government to continue to provide statistics on violations, administrative measures and sanctions imposed, as well as on settlement procedures, disaggregated by the nature of infringements according to the legal provisions to which they relate (OSH, wages, annual paid leave, and other connected matters).

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers or their organizations. In response to its previous comment, the Committee notes the Government’s indication that under section 18(1)(19) of the Law on Inspection Supervision of 2019, employers’ and workers’ organizations can submit petitions and proposals for inspections to be conducted to protect their rights. The Committee requests the Government to continue to provide information on the collaboration between the labour inspectorate and employers and workers or their organizations, including the number and nature of petitions and proposals for inspection submitted by employers’ or workers’ organizations, as well as information on any activity undertaken by the Council for Occupational Safety and Health and the Economic and Social Council in relation to labour inspection.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspection staff. Further to its previous comment, the Committee notes that the Government informs that: (i) the total budget for salaries and allowances of the State Labour Inspectorate has increased from 97,400,000.00 denars in 2019 to 158,481,795.00 denars in 2021; (ii) these salary increases and allowances were established pursuant to the Law on Inspection Supervision of 2019, according to which inspectors are entitled to a salary supplement of 30 per cent of the amount of the basic salary if there is a high risk to their life and health in the exercise of their duties (section 48(2)), and to an additional monthly salary once a year for good performance (section 51(1) and (2)); (iii) labour inspectors who obtain an inspector license after completion of the 12-month training provided for in section 42(1) of the Law on Inspection Supervision of 2019 receive a salary increase; and (iv) in 2021 and 2022, 12 inspectors received salary increases for acquiring inspector licenses.

Concerning disciplinary procedures, the Government indicates that: (i) in 2021, five disciplinary proceedings were initiated; however, the inspection services determined that four of the proceedings were time-barred under Section 78 of the Law on Administrative Officers of 2014; (ii) in 2022, two disciplinary procedures were concluded; and (iii) only one inspector complained about the 30 per cent salary reduction for one month as a disciplinary measure, and a final decision was taken dismissing his appeal. The Committee requests the Government to provide information on the number of labour inspectors who have received salary increases due to the existence of a high risk to their life and health in the performance of their duties, as provided for in section 48(2) of theLaw on Inspection Supervision of 2019. It also requests the Government to continue to provide information on the number of labour inspectors receiving salary increases for good performance, the number of disciplinary procedures initiated and their causes, the number of appeals from disciplinary procedures and the outcomes of these procedures.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors and specific training for labour inspectors in agriculture. Further to its previous comment, the Committee notes that the Government indicates that, in accordance with the Law on Inspection Supervision of 2019, the Inspection Council shall adopt and implement an annual program for the general training of inspectors (section 16(5)) and the Director of the Inspection Service shall, based on the annual general training program, adopt an annual plan for the individual training of inspectors (section 18(6)). The Government adds that the inspection services organize specialized training on topics related to their scope of work.

With regard to the training activities carried out, the Committee notes that during 2019 and 2022: (i) the Inspection Council organized several trainings for inspectors on methodologies for conducting inspections under the project for the modernization of inspection services; (ii) 114 inspectors received training on the Law on Inspection Supervision of 2019, legal sanctions and computer skills, among other matters; (iii) 27 labour inspectors completed the three-month training through the new electronic platform and acquired the corresponding licenses; and (iv) 2,562 general training certificates were issued.

It further notes the Government’s indication that the labour inspectorate is expected to provide training focusing on the technical knowledge and skills of labour inspectors in agriculture. The Committee requests the Government to continue to provide information on the training of labour inspectors, in particular on the training provided on the technical knowledge and skills required for labour inspectors in agriculture, including the subjects covered and the number of inspectors trained.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Resources of the labour inspection system and inspection visits. Further to its previous comment, the Committee notes the information provided by the Government on: (i) the number of labour inspection visits caried out from 2019 to the first semester of 2023 (23,821 inspections in 2019; 31,261 in 2020; 28,010 in 2021; 24,917 in 2022 and 10,893 in the first semester of 2023); (ii) the number of labour inspectors from 2019 to 2023 (112 inspectors in 2019; 106 in 2020; 107 in 2021; 105 in 2022; and 104 in 2023); (iii) the budgetary allocation to the State Labour Inspectorate, which has significantly increased from 2019 to 2022; and (iv) the sectors of economic activity liable to inspections. While noting the Government’s indication that 22 labour inspectors have retired in 2022, the Committee requests the Government to provide information on the measures taken to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate and to continue to provide information on the number of labour inspectors, the number of labour inspection visits undertaken, the budgetary allocation to the State Labour Inspectorate and the number of workplaces liable to inspection.

Articles 14 and 21 of Convention No. 81 and Articles 19 and 27 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. Content of the annual inspection reports. With reference to its previous comment, the Committee notes the statistical information contained in the Government’s report on the number of occupational injuries and fatalities in the years 2020 (1,020 occupational injuries and 19 fatalities), 2021 (467 and 19), and the first half of 2022 (708 and 4). It also notes that the Government did not provide information on the cases of occupational diseases notified to the labour inspectorate. The Committee once again requests the Government to ensure that statistical information on the number of industrial accidents and cases of occupational disease is notified to the labour inspectorate and that this information is reflected in the annual inspection reports in accordance with Article 21(f)–(g) of Convention No. 81 and Article 27(f)–(g) of Convention No. 129.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Content of annual reports on the work of the labour inspection services. The Committee notes that the Government did not transmit the annual labour inspection reports to the ILO. It notes the statistical information contained in the six-monthly reports on the work of the labour inspection services published on the website of the State Labour Inspectorate, including the number of labour inspectors and the number of labour inspection visits carried out, disaggregated by region and sector of economic activity. It also notes the information provided by the Government on the number of violations detected, enforcement measures applied, and occupational injuries and fatalities reported from 2020 to the first half of 2022. The Committee once again requests the Government to take the necessary measures to ensure that the annual labour inspection reports are regularly published and communicated to the ILO, and that they contain information on all the subjects covered by Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Article 12 of Convention No. 129. Cooperation between the inspection services in agriculture and government services. With reference to its previous comment, the Committee notes the information provided by the Government on the joint inspections carried out between the State Labour Inspectorate and various government services, including the Ministry of Internal Affairs, the Public Prosecutor’s Office for injuries at work, the State Inspectorate of Environment and the State Inspectorate of Construction and Urban Planning. It notes that 88 joint inspections were carried out during 2021 and the first half of 2022.

It also notes the Government’s indication that joint inspections between the State Labour Inspectorate and the State Inspectorate for Agriculture are envisaged and that the Inspection Council will organize coordination meetings to ensure more effective joint action. The Committee requests the Government to continue to provide information on the measures taken to promote effective cooperation between the State Labour Inspectorate and government services, in particular on the joint inspections carried out in cooperation with the State Inspectorate for Agriculture.

Labour Administration Convention, 1978 (No. 150)

Article 7 of the Convention. Progressive extension of the functions of the system of labour administration to certain categories of workers. Noting the absence of information on this matter, the Committee once again requests the Government to provide information regarding any developments on the intention to extend labour administration activities to workers engaged in the occupations listed under Article 7 of the Convention.

Article 10. Staff of the labour administration system.While noting the information provided by the Government on the number of staff and the financial resources provided to the State Labour Inspectorate, the Committee once again requests the Government to provide information on the number of staff and the material means and financial resources provided to the Ministry of Labour and Social Policy and its affiliated agencies and bodies, as well as on accreditation and recruitment procedures for those labour administration staff other than labour inspectors.

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(1)(a) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Labour inspection activities with regard to foreign workers and the protection of foreign workers in an irregular situation. With reference to its previous comment, the Committee notes the Government’s indication in its report that, due to the lack of a developed analytical data center of the State Labour Inspectorate, it is unable to provide information on the violation of labour rights of foreign workers. It also notes that the Government does not provide information on the measures taken to ensure that the functions assigned to labour inspectors do not interfere with the primary functions of labour inspectors as defined in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. The Committee urges the Government to adopt the necessary measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to ensure the protection of workers in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It also once again requests the Government to provide information on the action taken by the State Labour Inspectorate to ensure: (i) the enforcement of the rights of foreign workers found in an irregular situation, such as the payment of outstanding wages, annual leave and social security benefits; and (ii) improved data on the recovery of wage and social security credits specific to foreign workers without a residence permit.

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

The Committee notes with concern 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 administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.
Labour inspection: Conventions Nos 81 and 129
Legislation. The Committee notes the overlapping provisions of the Law on Labour Inspection (LLI), 2002 (as amended) and the Law on Inspection Supervision (LIS), 2011 (as amended) (which applies to all supervisory bodies, not only the labour inspectorate). Pursuant to section 18(2) of the LIS, inspectors are authorized to undertake procedures and activities in accordance with the LIS and LLI with no explicit reference to the legal hierarchy in terms of their application.The Committee requests the Government to provide information on the extent to which labour inspectors are bound by the principles established under the LIS as well as on how the overlapping or conflicting provisions under the LIS and LLI are applied in practice to the daily work of labour inspectors.
Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Undeclared work. Following its previous comments, the Committee notes that labour inspectors are able to issue a decision to order the employer to enter into a permanent employment contract when they detect undeclared work without an appropriate employment contract and registration in the compulsory social insurance scheme (section 259 of the Labour Relations Law).Noting the Government’s failure to reply to its previous request for information on the labour inspection activities related to undeclared work, including the proportion of time and resources spent on activities related to undeclared work compared with the time spent on securing the enforcement of legal provisions relating to other areas (e.g. working hours, wages, occupational safety and health (OSH), child labour), the Committee once again requests the Government to provide this information, including information on the State Labour Inspectorate’s activities on undeclared work, including the number of inspections, violations found, orders for the entrance into employment contracts, and subsequent penalties imposed.
Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Structure of the labour inspection system. Supervision and control by a central authority. The Committee welcomes the Government’s indication that as of 2014, the State Labour Inspectorate became an independent body within the Ministry of Labour and Social Policy (MoLSP), as a legal entity with its own budget account. However, the Committee takes note of the Government’s indication that the Inspection Council (IC) established under the LIS is charged with supervising all the state inspection authorities, including coordinating the work of inspection services and monitoring the application of inspection procedures and the performance of each inspection institution, accompanied by disciplinary procedures for inspectors.The Committee requests the Government to provide information on the impact of the supervision by the IC on the activities of the labour inspectorate.
Articles 5(a), 13 and 14 of Convention No. 81 and Articles 12(1), 18, and 19 of Convention No. 129. Cooperation between the inspection services and government services in the areas of OSH. The Committee notes the detailed information in the Government’s report, in reply to its previous comments, on the cooperation between the Health Insurance Fund and the State Labour Inspectorate, as well as the information on the number of occupational injuries and fatalities in 2013, 2014 and 2015. The Committee notes with interest the information contained in the annual labour inspection report for the work of 2017 (2017 Annual Report) that labour inspectors and sanitary health inspectors carry out joint and coordinated inspections. In 2017, a total of 156 such joint inspections were carried out.The Committee requests the Government to continue to provide information on the impact of the LIS on the enforcement of OSH legislation and the prevention of industrial accidents and cases of occupational disease and to provide information on the outcomes of the joint inspections (including the number of detected violations, subsequent corrective measures taken and sanctions imposed).
Articles 5(a), 17 and 18 of Convention No. 81 and Articles 13, 22, 23 and 24 of Convention No. 129. Legal proceedings and adequate penalties. Cooperation with the judiciary. The Committee notes the statistical information contained in the 2017 Annual Report on the administrative measures or orders issued, misdemeanour charges filed, sanctions applied, and criminal charges filed. The Committee also notes that, under the misdemeanour procedure, the amount of the established fines can be reduced to half, based on the liable employer’s agreement to settlement for paying the fine within eight days (section 266(c) of the Labour Relations Law). It further notes the information contained in the Government’s report that labour inspectors collaborate with the courts through participation as a witness in the court hearings.The Committee requests the Government to indicate the impact of the settlement procedures on the protection of workers’ rights and the manner in which it ensures that penalties for violations are effectively enforced and remain sufficiently dissuasive. The Committee requests the Government to continue to provide statistics of violations, administrative measures, settlement procedures and penalties imposed, disaggregated by the nature of infringements according to the legal provisions to which they relate.
Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers or their organizations. The Committee requests the Government to indicate whether the State Labour Inspectorate is able to collaborate or consult with employers’ and workers’ organizations on any of the matters under the supervision of the IC which relate to the labour inspection system and its functioning. It also once again requests the Government to provide detailed information on the activities of the Council for Occupational Safety and Health and the Economic and Social Council in relation to labour inspection.
Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspection staff. The Committee notes that, pursuant to section 3 of the LLI, the Director of the State Labour Inspectorate is now appointed by the Government for a four-year term with the possibility of extension and is mandated to develop an annual programme for the work of the State Labour Inspectorate and submit it to the IC for review. The Director is responsible for: reporting to the IC on the implementation of the work plan on a quarterly basis; preparing each inspector’s monthly plan of work; and preparing and submitting an annual report to the IC. The Committee notes that, pursuant to section 19(j) of the LIS, inspectors are subject to annual evaluations, which are taken into account for salary increases, promotions or disciplinary procedures for unsatisfactory performance.The Committee requests the Government to provide more detailed information on the application in practice of the evaluation process under the LIS, including the number of inspectors receiving salary increases, the number receiving salary decreases, the number of disciplinary procedures undertaken, the number of appeals from salary decreases or disciplinary procedures, and the outcomes of these procedures.
Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors and specific training for labour inspectors in agriculture. The Committee notes the information in the Government’s report, in reply to its previous comments, that labour inspectors in OSH are university graduates in mechanical engineering, civil engineering, architecture, technology, electrical engineering and occupational safety with a minimum of three years’ work experience. It also notes that, in addition to the professional requirements in terms of the LLI, the LIS obliges all state inspectors including labour inspectors to pass an inspector examination and obtain a licence. The IC is responsible for the examination, licensing, professional qualification and specialization of inspectors. The Government states that OSH inspectors attend mandatory internal training in order to update them on legal developments, as well as training courses arranged with external experts. The Committee further notes the information in the 2017 Annual Report that four training courses were organized on minimum wages and general administrative procedure in performing inspection supervision under a project for Modernization of the Inspection Services, and a number of information sessions were offered in the course of 2017.The Committee requests the Government to continue to provide information on training of inspectors, including training focused on the technical knowledge and skills for labour inspectors in agriculture. Recalling the importance of specific training for the performance of labour inspection duties in agriculture and related issues, the Committee also requests the Government to take the necessary measures to ensure that labour inspectors are provided with specific training in this area, upon their entry into service and in the course of employment.
Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration with private experts in OSH-related matters. The Committee notes the Government’s indication, in reply to its previous comments on the supervision of entities or persons licensed to perform expert tasks in the area of OSH that the State Labour Inspectorate prepares a report twice a year on the OSH violations detected by private experts or professionals licensed by the MoLSP.The Committee requests the Government to ensure that the reports on the OSH violations detected by private experts or professionals are reflected in the annual labour inspection report and transmitted to the ILO.
Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Resources of the labour inspection system and inspection visits. The Committee previously noted the decrease in the number of regular inspections and insufficient material means available to labour inspectors. It notes that, according to the Government’s report and the 2017 Annual Report, the number of regular inspections in the areas of labour relations has further declined from 22,973 in 2015 to 13,255 in 2017, despite a slight increase in the number of labour inspectors, from 114 in 2015 up to 118 in 2017.Recalling the importance of ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to provide information on the reasons for the significant decrease in the overall number of regular labour inspections undertaken. It requests the Government to continue to provide information on the number of inspections undertaken and the number of labour inspectors, and the budgetary allocation to the State Labour Inspectorate, as well as information on the coverage of workplaces liable to inspections.
Articles 14 and 21 of Convention No. 81 and Articles 19 and 27 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. Content of the annual inspection reports. The Committee notes the statistical information in the Government’ report on the number of occupational injuries, diseases and deaths for the years 2013–15: there was an increase in the number of serious injuries and occupational fatalities from 2013 to 2015 (from 1,338 to 1,461 and 16 to 24 respectively). However, the Committee notes that the 2017 Annual Report does not appear to contain equivalent statistical information.The Committee requests the Government to ensure that statistical information on the number of industrial accidents and cases of occupational disease is collected, and this information is reflected in annual labour inspection reports in accordance with Article 21(f)–(g) of Convention No. 81 and Article 27(f)–(g) of Convention No. 129.
Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Content of annual reports on the work of the labour inspection services. The Committee notes that the 2017 Annual Report contains information on the number of labour inspectors and the number of inspections performed (as required by Article 21(b) and (d) of Convention No. 81). The Committee observes, however, that the 2017 Annual Report does not contain information on the numbers of workplaces liable to inspection and of workers employed therein, the statistics on violations, industrial accidents, and occupational diseases (Article 21(c), (e), (f) and (g) of Convention No. 81 respectively). Furthermore, no disaggregated data or specific information on labour inspection activities in agriculture is provided (as required by Articles 26 and 27 of Convention No. 129). The Committee notes that the Government has recently sought ILO technical assistance with respect to data collection by the State Labour Inspectorate.The Committee urges the Government to pursue its efforts to ensure that the annual labour inspection report contains full information on the labour inspection services including in agriculture, required by Article 21(c), (e), (f) and (g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129, and transmit them to the ILO.
Issues specifically concerning labour inspection in agriculture
Article 12 of Convention No. 129. Cooperation between the inspection services in agriculture and government services. The Committee previously noted the Government’s indication that inspections would be carried out with the State Inspectorate for Agriculture (SIA) as part of the implementation of the Rulebook on minimal requirements for occupational safety and health of workers exposed to risks related to chemical substances. It notes the Government’s indication, in reply to its previous comments, that no joint inspections were performed by the State Labour Inspectorate and the SIA.The Committee requests the Government to indicate the reasons why joint inspections by the State Labour Inspectorate and the SIA have not been implemented and to provide information on any collaboration in the agricultural sector undertaken by the State Labour Inspectorate or the SIA with other government services or institutions engaged in similar activities.
Labour administration: Convention No. 150
The Committee notes the information provided by the Government in its first report on the application of the Convention.
Articles 5 and 9 of the Convention. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. The Committee notes the Government’s indication that the national tripartite Economic and Social Council plays a role in giving effect to the application of Article 5of the Convention.With regard to the activities of the Economic and Social Council, the Committee refers to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).
Article 6(2)(a). Preparation, administration, coordination, checking and review of the national employment policy by the competent bodies within the system of labour administration. With regard to the national employment policy, the Committee refers to its comments on the Employment Policy Convention, 1964 (No. 122).
Article 7. Progressive extension of the functions of the system of labour administration to certain categories of workers. The Committee notes the Government’s statement that the labour administration system does not cover persons who, pursuant to the law, are unemployed. The Government indicates that it monitors the situation and will extend the existing labour administration system if there is a need to do so.The Committee requests the Government to continue to provide information regarding any developments on the intention to extend labour administration activities to workers engaged in occupations listed in Article 7 of the Convention.
Article 10. Staff of the labour administration system. The Committee notes the information in the Government’s report on the number of labour inspectors, regular training offered to the employees of the bodies under the labour administration system, and the organizational chart.The Committee requests the Government to provide information on the number of staff of the labour administration system, as well as information on accreditation and recruitment procedures for those labour administration staff other than labour inspectors. It also requests the Government to provide information on the material means and the financial resources provided.

The Committee notes with concern 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 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(1)(a) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Labour inspection activities with regard to foreign workers and the protection of foreign workers in an irregular situation. The Committee notes the Government’s indication, in reply to its previous comments, that labour inspectors carry out the supervision of the implementation of the Law on Employment of Foreign Nationals (LEFN) during regular inspections in the areas of labour relations. The Committee notes that, pursuant to section 18(2) of the Law, the monitoring of its implementation shall be carried out by the State Labour Inspectorate (SLI) and pursuant to section 18(3), labour inspections related to work permits and illegal employment or work of foreign nationals may be carried out ex officio or at the request of the Employment Service Agency (ESA). The SLI is then obliged to submit reports every six months regarding the instituted procedures and imposed misdemeanour sanctions to the ESA pursuant to section 18(4) of the LEFN. Fines can be imposed not only on an employer or a facilitator of illegal work, but also on a foreign national if she or he does not present the work permit when requested by the SLI (section 27). The Committee recalls that, pursuant to Article 3 of Convention No. 81 and Article 6 of Convention No. 129, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Further, in its 2006 General Survey, Labour inspection, paragraph 78, the Committee indicated that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. Referring to paragraph 452 of the 2017 General Survey on certain occupational safety and health instruments, the Committee recalls that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country.The Committee requests the Government to take specific measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to ensure the protection of workers in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It requests the Government to provide information on action undertaken by the inspectorate to ensure the enforcement of the rights of foreign workers found to be in an irregular situation. It further asks the Government to provide information on the number of cases in which foreign workers found to be in an irregular situation have been granted their due rights, such as the payment of outstanding wages or social security benefits.

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.

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 administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour inspection: Conventions Nos 81 and 129

Legislation. The Committee notes the overlapping provisions of the Law on Labour Inspection (LLI), 2002 (as amended) and the Law on Inspection Supervision (LIS), 2011 (as amended) (which applies to all supervisory bodies, not only the labour inspectorate). Pursuant to section 18(2) of the LIS, inspectors are authorized to undertake procedures and activities in accordance with the LIS and LLI with no explicit reference to the legal hierarchy in terms of their application. The Committee requests the Government to provide information on the extent to which labour inspectors are bound by the principles established under the LIS as well as on how the overlapping or conflicting provisions under the LIS and LLI are applied in practice to the daily work of labour inspectors.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Undeclared work. Following its previous comments, the Committee notes that labour inspectors are able to issue a decision to order the employer to enter into a permanent employment contract when they detect undeclared work without an appropriate employment contract and registration in the compulsory social insurance scheme (section 259 of the Labour Relations Law). Noting the Government’s failure to reply to its previous request for information on the labour inspection activities related to undeclared work, including the proportion of time and resources spent on activities related to undeclared work compared with the time spent on securing the enforcement of legal provisions relating to other areas (e.g. working hours, wages, occupational safety and health (OSH), child labour), the Committee once again requests the Government to provide this information, including information on the State Labour Inspectorate’s activities on undeclared work, including the number of inspections, violations found, orders for the entrance into employment contracts, and subsequent penalties imposed.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Structure of the labour inspection system. Supervision and control by a central authority. The Committee welcomes the Government’s indication that as of 2014, the State Labour Inspectorate became an independent body within the Ministry of Labour and Social Policy (MoLSP), as a legal entity with its own budget account. However, the Committee takes note of the Government’s indication that the Inspection Council (IC) established under the LIS is charged with supervising all the state inspection authorities, including coordinating the work of inspection services and monitoring the application of inspection procedures and the performance of each inspection institution, accompanied by disciplinary procedures for inspectors. The Committee requests the Government to provide information on the impact of the supervision by the IC on the activities of the labour inspectorate.

Articles 5(a), 13 and 14 of Convention No. 81 and Articles 12(1), 18, and 19 of Convention No. 129. Cooperation between the inspection services and government services in the areas of OSH. The Committee notes the detailed information in the Government’s report, in reply to its previous comments, on the cooperation between the Health Insurance Fund and the State Labour Inspectorate, as well as the information on the number of occupational injuries and fatalities in 2013, 2014 and 2015. The Committee notes with interest the information contained in the annual labour inspection report for the work of 2017 (2017 Annual Report) that labour inspectors and sanitary health inspectors carry out joint and coordinated inspections. In 2017, a total of 156 such joint inspections were carried out. The Committee requests the Government to continue to provide information on the impact of the LIS on the enforcement of OSH legislation and the prevention of industrial accidents and cases of occupational disease and to provide information on the outcomes of the joint inspections (including the number of detected violations, subsequent corrective measures taken and sanctions imposed).

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 13, 22, 23 and 24 of Convention No. 129. Legal proceedings and adequate penalties. Cooperation with the judiciary. The Committee notes the statistical information contained in the 2017 Annual Report on the administrative measures or orders issued, misdemeanour charges filed, sanctions applied, and criminal charges filed. The Committee also notes that, under the misdemeanour procedure, the amount of the established fines can be reduced to half, based on the liable employer’s agreement to settlement for paying the fine within eight days (section 266(c) of the Labour Relations Law). It further notes the information contained in the Government’s report that labour inspectors collaborate with the courts through participation as a witness in the court hearings. The Committee requests the Government to indicate the impact of the settlement procedures on the protection of workers’ rights and the manner in which it ensures that penalties for violations are effectively enforced and remain sufficiently dissuasive. The Committee requests the Government to continue to provide statistics of violations, administrative measures, settlement procedures and penalties imposed, disaggregated by the nature of infringements according to the legal provisions to which they relate.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers or their organizations. The Committee requests the Government to indicate whether the State Labour Inspectorate is able to collaborate or consult with employers’ and workers’ organizations on any of the matters under the supervision of the IC which relate to the labour inspection system and its functioning. It also once again requests the Government to provide detailed information on the activities of the Council for Occupational Safety and Health and the Economic and Social Council in relation to labour inspection.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspection staff. The Committee notes that, pursuant to section 3 of the LLI, the Director of the State Labour Inspectorate is now appointed by the Government for a four-year term with the possibility of extension and is mandated to develop an annual programme for the work of the State Labour Inspectorate and submit it to the IC for review. The Director is responsible for: reporting to the IC on the implementation of the work plan on a quarterly basis; preparing each inspector’s monthly plan of work; and preparing and submitting an annual report to the IC. The Committee notes that, pursuant to section 19(j) of the LIS, inspectors are subject to annual evaluations, which are taken into account for salary increases, promotions or disciplinary procedures for unsatisfactory performance. The Committee requests the Government to provide more detailed information on the application in practice of the evaluation process under the LIS, including the number of inspectors receiving salary increases, the number receiving salary decreases, the number of disciplinary procedures undertaken, the number of appeals from salary decreases or disciplinary procedures, and the outcomes of these procedures.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors and specific training for labour inspectors in agriculture. The Committee notes the information in the Government’s report, in reply to its previous comments, that labour inspectors in OSH are university graduates in mechanical engineering, civil engineering, architecture, technology, electrical engineering and occupational safety with a minimum of three years’ work experience. It also notes that, in addition to the professional requirements in terms of the LLI, the LIS obliges all state inspectors including labour inspectors to pass an inspector examination and obtain a licence. The IC is responsible for the examination, licensing, professional qualification and specialization of inspectors. The Government states that OSH inspectors attend mandatory internal training in order to update them on legal developments, as well as training courses arranged with external experts. The Committee further notes the information in the 2017 Annual Report that four training courses were organized on minimum wages and general administrative procedure in performing inspection supervision under a project for Modernization of the Inspection Services, and a number of information sessions were offered in the course of 2017. The Committee requests the Government to continue to provide information on training of inspectors, including training focused on the technical knowledge and skills for labour inspectors in agriculture. Recalling the importance of specific training for the performance of labour inspection duties in agriculture and related issues, the Committee also requests the Government to take the necessary measures to ensure that labour inspectors are provided with specific training in this area, upon their entry into service and in the course of employment.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration with private experts in OSH-related matters. The Committee notes the Government’s indication, in reply to its previous comments on the supervision of entities or persons licensed to perform expert tasks in the area of OSH that the State Labour Inspectorate prepares a report twice a year on the OSH violations detected by private experts or professionals licensed by the MoLSP. The Committee requests the Government to ensure that the reports on the OSH violations detected by private experts or professionals are reflected in the annual labour inspection report and transmitted to the ILO.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Resources of the labour inspection system and inspection visits. The Committee previously noted the decrease in the number of regular inspections and insufficient material means available to labour inspectors. It notes that, according to the Government’s report and the 2017 Annual Report, the number of regular inspections in the areas of labour relations has further declined from 22,973 in 2015 to 13,255 in 2017, despite a slight increase in the number of labour inspectors, from 114 in 2015 up to 118 in 2017. Recalling the importance of ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to provide information on the reasons for the significant decrease in the overall number of regular labour inspections undertaken. It requests the Government to continue to provide information on the number of inspections undertaken and the number of labour inspectors, and the budgetary allocation to the State Labour Inspectorate, as well as information on the coverage of workplaces liable to inspections.

Articles 14 and 21 of Convention No. 81 and Articles 19 and 27 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. Content of the annual inspection reports. The Committee notes the statistical information in the Government’ report on the number of occupational injuries, diseases and deaths for the years 2013–15: there was an increase in the number of serious injuries and occupational fatalities from 2013 to 2015 (from 1,338 to 1,461 and 16 to 24 respectively). However, the Committee notes that the 2017 Annual Report does not appear to contain equivalent statistical information. The Committee requests the Government to ensure that statistical information on the number of industrial accidents and cases of occupational disease is collected, and this information is reflected in annual labour inspection reports in accordance with Article 21(f)–(g) of Convention No. 81 and Article 27(f)–(g) of Convention No. 129.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Content of annual reports on the work of the labour inspection services The Committee notes that the 2017 Annual Report contains information on the number of labour inspectors and the number of inspections performed (as required by Article 21(b) and (d) of Convention No. 81). The Committee observes, however, that the 2017 Annual Report does not contain information on the numbers of workplaces liable to inspection and of workers employed therein, the statistics on violations, industrial accidents, and occupational diseases (Article 21(c), (e), (f) and (g) of Convention No. 81 respectively). Furthermore, no disaggregated data or specific information on labour inspection activities in agriculture is provided (as required by Articles 26 and 27 of Convention No. 129). The Committee notes that the Government has recently sought ILO technical assistance with respect to data collection by the State Labour Inspectorate. The Committee urges the Government to pursue its efforts to ensure that the annual labour inspection report contains full information on the labour inspection services including in agriculture, required by Article 21(c), (e), (f) and (g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129, and transmit them to the ILO.

Issues specifically concerning labour inspection in agriculture

Article 12 of Convention No. 129. Cooperation between the inspection services in agriculture and government services. The Committee previously noted the Government’s indication that inspections would be carried out with the State Inspectorate for Agriculture (SIA) as part of the implementation of the Rulebook on minimal requirements for occupational safety and health of workers exposed to risks related to chemical substances. It notes the Government’s indication, in reply to its previous comments, that no joint inspections were performed by the State Labour Inspectorate and the SIA. The Committee requests the Government to indicate the reasons why joint inspections by the State Labour Inspectorate and the SIA have not been implemented and to provide information on any collaboration in the agricultural sector undertaken by the State Labour Inspectorate or the SIA with other government services or institutions engaged in similar activities.

Labour administration: Convention No. 150

The Committee notes the information provided by the Government in its first report on the application of the Convention.

Articles 5 and 9 of the Convention. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. The Committee notes the Government’s indication that the national tripartite Economic and Social Council plays a role in giving effect to the application of Article 5 of the Convention. With regard to the activities of the Economic and Social Council, the Committee refers to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 6(2)(a). Preparation, administration, coordination, checking and review of the national employment policy by the competent bodies within the system of labour administration. With regard to the national employment policy, the Committee refers to its comments on the Employment Policy Convention, 1964 (No. 122).

Article 7. Progressive extension of the functions of the system of labour administration to certain categories of workers. The Committee notes the Government’s statement that the labour administration system does not cover persons who, pursuant to the law, are unemployed. The Government indicates that it monitors the situation and will extend the existing labour administration system if there is a need to do so. The Committee requests the Government to continue to provide information regarding any developments on the intention to extend labour administration activities to workers engaged in occupations listed in Article 7 of the Convention.

Article 10. Staff of the labour administration system. The Committee notes the information in the Government’s report on the number of labour inspectors, regular training offered to the employees of the bodies under the labour administration system, and the organizational chart. The Committee requests the Government to provide information on the number of staff of the labour administration system, as well as information on accreditation and recruitment procedures for those labour administration staff other than labour inspectors. It also requests the Government to provide information on the material means and the financial resources provided.

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 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(1)(a) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Labour inspection activities with regard to foreign workers and the protection of foreign workers in an irregular situation. The Committee notes the Government’s indication, in reply to its previous comments, that labour inspectors carry out the supervision of the implementation of the Law on Employment of Foreign Nationals (LEFN) during regular inspections in the areas of labour relations. The Committee notes that, pursuant to section 18(2) of the Law, the monitoring of its implementation shall be carried out by the State Labour Inspectorate (SLI) and pursuant to section 18(3), labour inspections related to work permits and illegal employment or work of foreign nationals may be carried out ex officio or at the request of the Employment Service Agency (ESA). The SLI is then obliged to submit reports every six months regarding the instituted procedures and imposed misdemeanour sanctions to the ESA pursuant to section 18(4) of the LEFN. Fines can be imposed not only on an employer or a facilitator of illegal work, but also on a foreign national if she or he does not present the work permit when requested by the SLI (section 27). The Committee recalls that, pursuant to Article 3 of Convention No. 81 and Article 6 of Convention No. 129, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Further, in its 2006 General Survey, Labour inspection, paragraph 78, the Committee indicated that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. Referring to paragraph 452 of the 2017 General Survey on certain occupational safety and health instruments, the Committee recalls that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. The Committee requests the Government to take specific measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to ensure the protection of workers in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It requests the Government to provide information on action undertaken by the inspectorate to ensure the enforcement of the rights of foreign workers found to be in an irregular situation. It further asks the Government to provide information on the number of cases in which foreign workers found to be in an irregular situation have been granted their due rights, such as the payment of outstanding wages or social security benefits.

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.

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.

Labour inspection: Conventions Nos 81 and 129

Legislation. The Committee notes the overlapping provisions of the Law on Labour Inspection (LLI), 2002 (as amended) and the Law on Inspection Supervision (LIS), 2011 (as amended) (which applies to all supervisory bodies, not only the labour inspectorate). Pursuant to section 18(2) of the LIS, inspectors are authorized to undertake procedures and activities in accordance with the LIS and LLI with no explicit reference to the legal hierarchy in terms of their application. The Committee requests the Government to provide information on the extent to which labour inspectors are bound by the principles established under the LIS as well as on how the overlapping or conflicting provisions under the LIS and LLI are applied in practice to the daily work of labour inspectors.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Functions entrusted to labour inspectors. Undeclared work. Following its previous comments, the Committee notes that labour inspectors are able to issue a decision to order the employer to enter into a permanent employment contract when they detect undeclared work without an appropriate employment contract and registration in the compulsory social insurance scheme (section 259 of the Labour Relations Law). Noting the Government’s failure to reply to its previous request for information on the labour inspection activities related to undeclared work, including the proportion of time and resources spent on activities related to undeclared work compared with the time spent on securing the enforcement of legal provisions relating to other areas (e.g. working hours, wages, occupational safety and health (OSH), child labour), the Committee once again requests the Government to provide this information, including information on the State Labour Inspectorate’s activities on undeclared work, including the number of inspections, violations found, orders for the entrance into employment contracts, and subsequent penalties imposed.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Structure of the labour inspection system. Supervision and control by a central authority. The Committee welcomes the Government’s indication that as of 2014, the State Labour Inspectorate became an independent body within the Ministry of Labour and Social Policy (MoLSP), as a legal entity with its own budget account. However, the Committee takes note of the Government’s indication that the Inspection Council (IC) established under the LIS is charged with supervising all the state inspection authorities, including coordinating the work of inspection services and monitoring the application of inspection procedures and the performance of each inspection institution, accompanied by disciplinary procedures for inspectors. The Committee requests the Government to provide information on the impact of the supervision by the IC on the activities of the labour inspectorate.

Articles 5(a), 13 and 14 of Convention No. 81 and Articles 12(1), 18, and 19 of Convention No. 129. Cooperation between the inspection services and government services in the areas of OSH. The Committee notes the detailed information in the Government’s report, in reply to its previous comments, on the cooperation between the Health Insurance Fund and the State Labour Inspectorate, as well as the information on the number of occupational injuries and fatalities in 2013, 2014 and 2015. The Committee notes with interest the information contained in the annual labour inspection report for the work of 2017 (2017 Annual Report) that labour inspectors and sanitary health inspectors carry out joint and coordinated inspections. In 2017, a total of 156 such joint inspections were carried out. The Committee requests the Government to continue to provide information on the impact of the LIS on the enforcement of OSH legislation and the prevention of industrial accidents and cases of occupational disease and to provide information on the outcomes of the joint inspections (including the number of detected violations, subsequent corrective measures taken and sanctions imposed).

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 13, 22, 23 and 24 of Convention No. 129. Legal proceedings and adequate penalties. Cooperation with the judiciary. The Committee notes the statistical information contained in the 2017 Annual Report on the administrative measures or orders issued, misdemeanour charges filed, sanctions applied, and criminal charges filed. The Committee also notes that, under the misdemeanour procedure, the amount of the established fines can be reduced to half, based on the liable employer’s agreement to settlement for paying the fine within eight days (section 266(c) of the Labour Relations Law). It further notes the information contained in the Government’s report that labour inspectors collaborate with the courts through participation as a witness in the court hearings. The Committee requests the Government to indicate the impact of the settlement procedures on the protection of workers’ rights and the manner in which it ensures that penalties for violations are effectively enforced and remain sufficiently dissuasive. The Committee requests the Government to continue to provide statistics of violations, administrative measures, settlement procedures and penalties imposed, disaggregated by the nature of infringements according to the legal provisions to which they relate.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers or their organizations. The Committee requests the Government to indicate whether the State Labour Inspectorate is able to collaborate or consult with employers’ and workers’ organizations on any of the matters under the supervision of the IC which relate to the labour inspection system and its functioning. It also once again requests the Government to provide detailed information on the activities of the Council for Occupational Safety and Health and the Economic and Social Council in relation to labour inspection.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspection staff. The Committee notes that, pursuant to section 3 of the LLI, the Director of the State Labour Inspectorate is now appointed by the Government for a four-year term with the possibility of extension and is mandated to develop an annual programme for the work of the State Labour Inspectorate and submit it to the IC for review. The Director is responsible for: reporting to the IC on the implementation of the work plan on a quarterly basis; preparing each inspector’s monthly plan of work; and preparing and submitting an annual report to the IC. The Committee notes that, pursuant to section 19(j) of the LIS, inspectors are subject to annual evaluations, which are taken into account for salary increases, promotions or disciplinary procedures for unsatisfactory performance. The Committee requests the Government to provide more detailed information on the application in practice of the evaluation process under the LIS, including the number of inspectors receiving salary increases, the number receiving salary decreases, the number of disciplinary procedures undertaken, the number of appeals from salary decreases or disciplinary procedures, and the outcomes of these procedures.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors and specific training for labour inspectors in agriculture. The Committee notes the information in the Government’s report, in reply to its previous comments, that labour inspectors in OSH are university graduates in mechanical engineering, civil engineering, architecture, technology, electrical engineering and occupational safety with a minimum of three years’ work experience. It also notes that, in addition to the professional requirements in terms of the LLI, the LIS obliges all state inspectors including labour inspectors to pass an inspector examination and obtain a licence. The IC is responsible for the examination, licensing, professional qualification and specialization of inspectors. The Government states that OSH inspectors attend mandatory internal training in order to update them on legal developments, as well as training courses arranged with external experts. The Committee further notes the information in the 2017 Annual Report that four training courses were organized on minimum wages and general administrative procedure in performing inspection supervision under a project for Modernization of the Inspection Services, and a number of information sessions were offered in the course of 2017. The Committee requests the Government to continue to provide information on training of inspectors, including training focused on the technical knowledge and skills for labour inspectors in agriculture. Recalling the importance of specific training for the performance of labour inspection duties in agriculture and related issues, the Committee also requests the Government to take the necessary measures to ensure that labour inspectors are provided with specific training in this area, upon their entry into service and in the course of employment.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration with private experts in OSH-related matters. The Committee notes the Government’s indication, in reply to its previous comments on the supervision of entities or persons licensed to perform expert tasks in the area of OSH that the State Labour Inspectorate prepares a report twice a year on the OSH violations detected by private experts or professionals licensed by the MoLSP. The Committee requests the Government to ensure that the reports on the OSH violations detected by private experts or professionals are reflected in the annual labour inspection report and transmitted to the ILO.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Resources of the labour inspection system and inspection visits. The Committee previously noted the decrease in the number of regular inspections and insufficient material means available to labour inspectors. It notes that, according to the Government’s report and the 2017 Annual Report, the number of regular inspections in the areas of labour relations has further declined from 22,973 in 2015 to 13,255 in 2017, despite a slight increase in the number of labour inspectors, from 114 in 2015 up to 118 in 2017. Recalling the importance of ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to provide information on the reasons for the significant decrease in the overall number of regular labour inspections undertaken. It requests the Government to continue to provide information on the number of inspections undertaken and the number of labour inspectors, and the budgetary allocation to the State Labour Inspectorate, as well as information on the coverage of workplaces liable to inspections.

Articles 14 and 21 of Convention No. 81 and Articles 19 and 27 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. Content of the annual inspection reports. The Committee notes the statistical information in the Government’ report on the number of occupational injuries, diseases and deaths for the years 2013–15: there was an increase in the number of serious injuries and occupational fatalities from 2013 to 2015 (from 1,338 to 1,461 and 16 to 24 respectively). However, the Committee notes that the 2017 Annual Report does not appear to contain equivalent statistical information. The Committee requests the Government to ensure that statistical information on the number of industrial accidents and cases of occupational disease is collected, and this information is reflected in annual labour inspection reports in accordance with Article 21(f)–(g) of Convention No. 81 and Article 27(f)–(g) of Convention No. 129.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Content of annual reports on the work of the labour inspection services The Committee notes that the 2017 Annual Report contains information on the number of labour inspectors and the number of inspections performed (as required by Article 21(b) and (d) of Convention No. 81). The Committee observes, however, that the 2017 Annual Report does not contain information on the numbers of workplaces liable to inspection and of workers employed therein, the statistics on violations, industrial accidents, and occupational diseases (Article 21(c), (e), (f) and (g) of Convention No. 81 respectively). Furthermore, no disaggregated data or specific information on labour inspection activities in agriculture is provided (as required by Articles 26 and 27 of Convention No. 129). The Committee notes that the Government has recently sought ILO technical assistance with respect to data collection by the State Labour Inspectorate. The Committee urges the Government to pursue its efforts to ensure that the annual labour inspection report contains full information on the labour inspection services including in agriculture, required by Article 21(c), (e), (f) and (g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129, and transmit them to the ILO.

Issues specifically concerning labour inspection in agriculture

Article 12 of Convention No. 129. Cooperation between the inspection services in agriculture and government services. The Committee previously noted the Government’s indication that inspections would be carried out with the State Inspectorate for Agriculture (SIA) as part of the implementation of the Rulebook on minimal requirements for occupational safety and health of workers exposed to risks related to chemical substances. It notes the Government’s indication, in reply to its previous comments, that no joint inspections were performed by the State Labour Inspectorate and the SIA. The Committee requests the Government to indicate the reasons why joint inspections by the State Labour Inspectorate and the SIA have not been implemented and to provide information on any collaboration in the agricultural sector undertaken by the State Labour Inspectorate or the SIA with other government services or institutions engaged in similar activities.

Labour administration: Convention No. 150

The Committee notes the information provided by the Government in its first report on the application of the Convention.

Articles 5 and 9 of the Convention. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. The Committee notes the Government’s indication that the national tripartite Economic and Social Council plays a role in giving effect to the application of Article 5 of the Convention. With regard to the activities of the Economic and Social Council, the Committee refers to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 6(2)(a). Preparation, administration, coordination, checking and review of the national employment policy by the competent bodies within the system of labour administration. With regard to the national employment policy, the Committee refers to its comments on the Employment Policy Convention, 1964 (No. 122).

Article 7. Progressive extension of the functions of the system of labour administration to certain categories of workers. The Committee notes the Government’s statement that the labour administration system does not cover persons who, pursuant to the law, are unemployed. The Government indicates that it monitors the situation and will extend the existing labour administration system if there is a need to do so. The Committee requests the Government to continue to provide information regarding any developments on the intention to extend labour administration activities to workers engaged in occupations listed in Article 7 of the Convention.

Article 10. Staff of the labour administration system. The Committee notes the information in the Government’s report on the number of labour inspectors, regular training offered to the employees of the bodies under the labour administration system, and the organizational chart. The Committee requests the Government to provide information on the number of staff of the labour administration system, as well as information on accreditation and recruitment procedures for those labour administration staff other than labour inspectors. It also requests the Government to provide information on the material means and the financial resources provided.

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.

Article 3(1)(a) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Labour inspection activities with regard to foreign workers and the protection of foreign workers in an irregular situation. The Committee notes the Government’s indication, in reply to its previous comments, that labour inspectors carry out the supervision of the implementation of the Law on Employment of Foreign Nationals (LEFN) during regular inspections in the areas of labour relations. The Committee notes that, pursuant to section 18(2) of the Law, the monitoring of its implementation shall be carried out by the State Labour Inspectorate (SLI) and pursuant to section 18(3), labour inspections related to work permits and illegal employment or work of foreign nationals may be carried out ex officio or at the request of the Employment Service Agency (ESA). The SLI is then obliged to submit reports every six months regarding the instituted procedures and imposed misdemeanour sanctions to the ESA pursuant to section 18(4) of the LEFN. Fines can be imposed not only on an employer or a facilitator of illegal work, but also on a foreign national if she or he does not present the work permit when requested by the SLI (section 27). The Committee recalls that, pursuant to Article 3 of Convention No. 81 and Article 6 of Convention No. 129, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Further, in its 2006 General Survey, Labour inspection, paragraph 78, the Committee indicated that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. Referring to paragraph 452 of the 2017 General Survey on certain occupational safety and health instruments, the Committee recalls that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. The Committee requests the Government to take specific measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to ensure the protection of workers in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It requests the Government to provide information on action undertaken by the inspectorate to ensure the enforcement of the rights of foreign workers found to be in an irregular situation. It further asks the Government to provide information on the number of cases in which foreign workers found to be in an irregular situation have been granted their due rights, such as the payment of outstanding wages or social security benefits.

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

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

Article 9(3) of the Convention. Specific training for labour inspectors. The Committee notes that, according to the Government, inspectors working in occupational safety and health (OSH) related areas received training focusing on the minimal OSH requirements for workers exposed to risks related to chemical substances. The Committee also notes the information that the Government did not foresee any specific training for 2014. Recalling the importance of specific training for the performance of labour inspection duties in agriculture and related issues, such as the prevention of particular chemical hazards, the Committee requests the Government to take the necessary measures to ensure that labour inspectors are provided with specific training in this area, upon their entry into service and in the course of employment, to enable them to gain the technical knowledge required for the performance of their duties.

Article 12. Cooperation between the inspection services in agriculture and government services. The Government indicates that, although the State Labour Inspectorate did not establish cooperation with the National Agriculture Inspectorate, mutual inspection shall be carried out to protect workers in agriculture as part of the implementation of the “Rulebook on minimal requirements for occupational safety and health of workers exposed to risks related to chemical substances”, which will enter into force on 1 January 2014. The Committee requests the Government to keep the Office informed of mutual inspections carried out by the State Labour Inspectorate and the National Agriculture Inspectorate, if any.

Articles 26 and 27. Annual report on the work of the inspection services. The Committee notes that the Government refers to the importance of including the data defined in Article 27 in the annual report of the State Inspectorate Directorate. Referring to its comments under Convention No. 81, the Committee hopes that the annual report on the work of the labour inspection services in agriculture, containing the information required in Article 27(a)–(g), will be published and transmitted to the ILO in the very near future.

Referring 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.

Article 9(3) of the Convention. Need for inspectors to have specific skills for the discharge of their duties in agricultural undertakings. The Committee would be grateful if the Government would provide information on the further training available to labour inspectors in relation to the discharge of their specific duties in the agricultural sector (particularly relating to the risks inherent in the use of electrical equipment and the handling and use of chemicals). In this regard, the Committee would like to draw the Government’s attention to Paragraphs 4–7 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), on the minimum qualifications of labour inspectors in the agricultural sector.

Article 12 of the Convention. Cooperation between the inspection services in agriculture and government services and public or approved institutions. The Committee notes the Government’s reference, in the annual report of the National Labour Inspectorate (NLI), to joint inspections with the National Agricultural Inspectorate. The Committee asks the Government to provide information on the functions of the National Agricultural Inspectorate (NAI), which it understands is not part of the structures of the NLI. It further requests the Government to supply further information on the forms and modes of cooperation between the NLI and the NAI, and to provide copies of any agreements concluded.

Articles 15(1)(b) and (2), and 21 of the Convention. Transport facilities and the reimbursement of the professional travel expenses of inspectors for the inspection of agricultural undertakings. Frequency of inspections. The Committee notes the Government’s indication that labour inspectors have at their disposal all the supplies necessary to carry out their duties. The Committee asks the Government to provide further information on the technical equipment available to labour inspectors entrusted with the control of agricultural undertakings (weighing and measurement devices, etc.). With reference to its comment under Convention No. 81, the Committee requests the Government to take measures to ensure the payment of appropriate allowances to labour inspectors in agriculture for transportation and any additional costs incurred in the course of inspection visits especially to agricultural enterprises located in remote areas.

Articles 26 and 27 of the Convention. Content of the annual labour inspection report. The Committee notes that the annual report on the work of the labour inspectorate, attached to the Government’s report under Convention No. 81, contains separate information on the work of the labour inspectorate in the field of agriculture, such as the number of inspections in agriculture, etc. Referring to its comments under Convention No. 81, the Committee requests the Government to ensure that the annual inspection report contains all the information required by Article 27 (clauses (a)–(g)) in relation to labour inspection in agriculture.

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

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

Labour Inspection Convention, 1947 (No. 81) and Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Issues specifically concerning labour inspection in agriculture

Labour Administration Convention, 1978 (No. 150)

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

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

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

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

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

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

Labour inspection: Conventions Nos 81 and 129

Issues specifically concerning labour inspection in agriculture

Labour administration: Convention No. 150

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

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

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

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