Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Argentina (Ratification: 1985)

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 ratified labour inspection Conventions, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) in a single comment.

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received in 2018 and 2022.

Articles 4, 10 and 11 of Convention No. 81 and Articles 7(1), 14 and 15 of Convention No. 129. Supervision and control of the labour inspection services by a central authority. Number of inspection staff. In relation to its previous comment, the Committee notes the Government’s indication that the Ministry of Labour, Employment and Social Security (Ministry of Labour) has 385 inspectors and 312 inspection auxiliaries at the state level. However, the Committee notes that the CGT RA refers in its observations to a deficit in inspection staff in the provinces, in proportion to the duties concerned and the geographical area in which they are performed. The Committee requests the Government to provide its comments on the observations made by the CGT RA. The Committee also requests the Government to continue providing information on the budget available for labour inspection, disaggregating information for central and provincial structures, and on the number of inspectors at the national level.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. With reference to its previous comment on training given to inspectors, the Committee notes that the CGT RA refers to the need to carry out specific training and inspections to tackle the problem of inspection in agriculture, and to the deficiencies in training for inspectors outside the Occupational Risk Supervisory Authority (SRT). In this regard, the Committee welcomes the Government’s indication regarding the formulation and implementation of the “Comprehensive training plan for a modern and efficient labour inspectorate in Argentina”, developed jointly with the ILO, which includes a module on labour inspection in the rural sector. In this regard, the data supplied by the Government indicate that enrolments in modules of this plan totalled 440 in 2018, 430 in 2019 and 990 in 2021. The Committee also notes that the Government provides statistics on the various training activities conducted for inspectors and inspection auxiliaries outside the framework of the comprehensive plan in the 2019–21 period, including courses on occupational safety and health and child labour, and indicating the number of enrolments for each training course. The Committee notes this information, which responds to its previous request.

Issues specifically related to labour inspection in agriculture

Articles 6(1)(a), 14 and 19 of Convention No. 129. Functions of labour inspection. Number of inspectors. Notification of occupational accidents and occupational diseases. In relation to its previous comment, the Committee notes the Government’s indication that a cooperation agreement was signed in 2019 and an additional protocol in 2020 between the then Government Secretariat for Labour and Employment and the National Register of Rural Workers and Employers (RENATRE), a non-governmental public body, to carry out joint labour inspection operations in rural areas, reinforce controls, and avoid duplication of activity. The Government indicates that the focus is placed on verifying that rural workers are registered properly and declared in the unified social security system, that employers and workers are properly registered in RENATRE, and that establishments and activities where child labour or evidence of labour exploitation is detected are identified at an early stage. In this regard, the Committee notes the Government’s indication that during the 2020–22 period a total of 476 establishments were recorded, of which 340 had committed infringements. The Government also indicates that RENATRE is developing a digital inspection system to contribute to the registration and regularization of rural workers. However, the Committee observes that no specific information has been provided on inspections carried out and infringements recorded in relation to occupational safety and health or conditions of work, such as working hours and wages. The Committee requests the Government to provide more information on the effect of the cooperation agreement with RENATRE, including inspections carried out within its framework, and its impact on improving conditions of work in agriculture. The Committee also requests the Government to continue providing information on: (i) inspection activities in agriculture and their characteristics, as well as on all measures taken to improve conditions of work in agriculture; and (ii) the functioning of the digital inspection system and its impact on labour inspection activities in agriculture.

Articles 17 and 19. Preventive control and notification of occupational accidents and cases of occupational disease. With reference to its previous comment, the Committee notes the Government’s indication that the labour inspectorate is notified of occupational accidents and diseases under section 31(2) of Act No. 24557 of 1995, and that statistics are compiled on the number of occupational accidents involving workers covered by the occupational risks system, and these are published on the website of the Ministry of Labour. While noting this information, the Committee once again requests the Government to provide information on the steps taken to ensure that labour inspectors are associated with 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 (Article 17). The Committee also requests the Government to provide information on: (i) the possibility of associating the labour inspection services in agriculture with any inquiry carried out at the place where the events occurred; (ii) the causes of occupational accidents; and (iii) the cases of occupational disease that affect a number of workers or have fatal consequences (Article 19(2)).

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 ratified labour inspection Conventions, 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 General Confederation of Labour of the Argentine Republic (CGT RA) on the application of Conventions Nos 81 and 129, received in 2018 and 2022. The Committee also notes the observations of the Confederation of Workers of Argentina (CTA Workers) on the application of Convention No. 81, received in 2021.

The Committee further notes the Government’s reply to the observations of the Association of State Workers (ATE) and the Latin American and Caribbean Confederation of Public Sector Workers (CLATE) on Convention No. 81, received in 2017.

Representation made under article 24 of the ILO Constitution. The Committee notes that the Governing Body, at its 349th Session, declared receivable the representation made under article 24 of the ILO Constitution by the CTA Workers and the Trade Union Association of Subway and Light Rail Workers (AGTSyP), alleging non-observance by Argentina of Convention No. 81, the Occupational Cancer Convention, 1974 (No. 139), the Occupational Safety and Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The Committee observes that the allegations contained in the representation refer to the application of Articles 3 and 9 of Convention No. 81. In accordance with its usual practice, the Committee has decided to suspend the examination of these issues until the Governing Body adopts its report on the representation.

Articles 16, 18 and 24 of Convention No. 81 and Articles 21 and 24 of Convention No. 129. Supervisory function of labour inspectors, frequency and scope of labour inspections, and penalties. With regard to its previous comment on activities and inspections carried out in relation to conditions of work and the penalties imposed, the Committee notes that the Government provides information in its report on the various activities carried out by the labour inspectorate since 2018, including activities in the context of the National Plan for the Regularization of Labour (PNRT). In particular, the Government indicates that, between January 2019 and June 2022, a total of 224,707 inspections were conducted in urban areas and 4,731 in rural areas in the context of the PNRT, and a total of 15,159 penalties were imposed for violations of the labour regulations. The Committee also notes that, according to the Government, the National Labour Inspection Directorate at the Ministry of Labour, Employment and Social Security (Ministry of Labour) plays an important role in the implementation of actions in the context of the prevention and prosecution components of the National Biennial Plan 2020–22 on Combating Trafficking in Persons. Moreover, the Committee observes the Government’s indication that, in the context of activities to detect evidence of labour exploitation, inspectors must take account of issues of safety and health and conditions of work during inspections in order to detect evidence of labour exploitation.

The Committee observes that although statistics are provided on activities under various plans, there are still no full statistics on inspections carried out by the Integrated Labour and Social Security Inspection System, established by the Act No. 25877 of 2004, and also none on infringements detected and penalties imposed in relation to conditions of work and the protection of workers while engaged in their work. Moreover, the Committee notes that, according to the observations of the CTA Workers, Bill No. 1381/18 provides that employers who have used unregistered or incompletely registered workers can regularize the situation of such workers, with all resulting fines or sanctions waived. In addition, the CGT RA considers that the system of penalties and measures to promote spontaneous regularization, reduce employer contributions or increase the number of inspections are inadequate. Also referring to its comment below on annual inspection reports, the Committee therefore requests the Government to provide more information on the number and nature of activities and inspections carried out in relation to conditions of work (particularly as regards hours of work, wages, weekly rest, holidays and the employment of women). Furthermore, the Committee requests the Government to indicate whether Bill No. 1381/18 has been adopted, and to take steps to strengthen the system of penalties. The Committee also requests the Government to provide information on the number and nature of violations found, penalties imposed and any court rulings in this regard.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Stability of employment and conditions of service of labour inspectors. With regard to its previous comment on the stability system and the contract system for staff under Framework Act No. 25164 of 1999 on the regulation of national public employment (Act No. 25164), the Committee notes the Government’s indication that the Occupational Risk Supervisory Authority (SRT) at the Ministry of Labour employs 100 inspectors on contracts of unlimited duration and 28 inspectors on automatically renewable one-year fixed-term contracts. The Committee also notes that, according to the Government’s reply to the observations of the ATE and CLATE, an analysis of the procedure for incorporating public employees and the need for such was required in 2016, owing to an unusually high number of competitions launched and the large number of temporary contracts concluded during the previous administration, an analysis which revealed many instances of failure to comply with procedures. The Government also indicates that some staff who were recruited on temporary contracts who did not have their contracts renewed in 2016 were subsequently incorporated under the procedure established by section 9 of Act No. 25164 (contract system).

The Committee notes that under section 156 of the General Collective Employment Agreement for the National Public Administration, non-permanent staff of decentralized authorities and entities shall not exceed 15 per cent of the permanent staff under the terms of the second paragraph of section 9 of the Annex to Act No. 25164. Furthermore, the Committee notes that the CGT-RA refers in its observations to the existence of frequent cases of precarious employment in the inspection corps. In this regard, the Committee recalls once again that, according to Article 6 of Convention No. 81 and Article 8 of Convention No. 129, the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. The Committee therefore requests the Government to take the necessary steps to ensure that all labour inspectors are public officials, and the stability of their employment is ensured. Noting that this information is not available to inspectors outside the SRT, the Committee requests the Government to indicate the type of employment relationship occupied by all federal and provincial inspectors, disaggregating the number of inspectors under the stability system and the number under the contract system.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual inspection report. With regard to its previous comments, the Committee notes the reports of the National Labour Directorate and the National Register of Rural Workers and Employers for the 2019–22 period. However, the Committee once again observes that it has not received the annual inspection report. The Committee once again urges the Government to take rapid steps to ensure that the central inspection authority publishes an annual general report on the work of the labour inspection services under its control (Article 20 of Convention No. 81 and Article 26 of Convention No. 129), covering each of the subjects indicated in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

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

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

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

The Committee notes the observations on both Conventions from the Confederation of Workers of Argentina (CTA Autonomous), received on 2 September 2015, which partly repeat its previous observations and mainly refer to the lack of uniform criteria used in labour inspections, unregistered employment, the inadequacy of inspections in the rural sector and the occupational accident rate, and also the Government’s reply.

The Committee also notes the observations on Convention No. 129 of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 1 September 2014 and 2 September 2015, concerning the inadequacy of inspection in agriculture and the lack of adequate and specific training for inspectors in the rural sector, and also the Government’s reply. It further notes the observations of the CGT RA concerning the National Register of Agricultural Workers and Employers (RENATEA) received on 2 September 2016.

Articles 3(1)(a), 4, 10 and 11 of Convention No. 81 and Articles 6(1)(a), 7(1), 14 and 15 of Convention No. 129. Supervision and control of the labour inspection services by a central authority. Number of inspection staff. The Committee previously asked the Government to provide information on: (i) the measures taken to have a labour inspectorate functioning beneath a central authority and according to uniform criteria; (ii) the number of inspectors at the federal level and in each of the provinces (specifying the number of inspectors covering the rural sector), in proportion to the number of workplaces and workers in each of the provinces; (iii) the budget of the labour inspectorate, disaggregated between central and provincial structures; and (iv) the material resources available.

The Committee notes Act No. 26.940 on the promotion of registered work and the prevention of labour fraud, promulgated in May 2014 and welcomes section 37, which provides that when a local labour inspection department does not meet the requirements of the labour inspection Conventions or the requirements that derive from the Act, the Ministry of Labour shall exercise the corresponding powers in conjunction with the Federal Labour Council (CFT).

The Committee also notes the Government’s indication in its report that the number of labour supervisors and inspectors has been increasing since 2003 at the federal and provincial levels. According to the Government’s information, the monitoring and inspection of occupational safety and health has been reinforced through the assistance given by the Occupational Risk Supervisory Authority (SRT) to the provinces with new inspectors and new technological resources.

The Government indicates that there are 350 inspectors involved in the implementation of the National Plan for the Regularization of Labour (PNRT) who inspect a total of 595,155 workplaces (excluding public workplaces except for certain hospitals and schools) and 6,953,701 workers. The ratio is one inspector for 1,700 workplaces and 19,868 workers, though there are significant differences between provinces. For example, in the province of La Rioja each inspector covers a total of 325 workplaces and 4,633 workers, while the province of Córdoba has a ratio of one inspector for 4,626 workplaces and 45,945 workers. However, these figures only refer to registered workplaces and workers, and do not include figures for informal work, which is the focus of the PNRT.

The Committee also notes the Government’s information on budgetary matters and material resources, though the Government makes no mention of the rural sector and does not indicate the amount of the inspection budget.

For its part, the CTA Autonomous indicates that Act No. 26.940 still has not caused a real improvement in inspection services in Argentina. For example, it states that the Special Unit for the Inspection of Irregular Work (UEFTU), envisaged in the abovementioned Act for the purpose of analysing, investigating and evaluating situations of unregistered work and also any forms of illegal subcontracting and labour and social security fraud, has not even been established. It also repeats its previous observations concerning the lack of uniform inspection criteria, the inadequacy of the system of cooperation between the provinces and the Federal State, and the lack of inspectors and material resources.

The CGT RA recognizes the efforts made to increase the number of inspectors but considers that they are not enough.

The Committee requests that the Government: (i) provide information on the manner in which the Ministry of Labour, in conjunction with the CFT, will act as a substitute for a local service if the latter fails to meet the requirements of Conventions Nos 81 and 129; (ii) provide information on the application in practice of Act No. 26.940; (iii) indicate the total number of inspectors involved at the federal and provincial levels (indicating how many are assigned to the rural sector), disaggregated according to occupational safety and health, the PNRT or any other function; and (iv) explain the policy adopted for determining needs with regard to the number of federal and provincial inspectors. Lastly, the Committee requests once again that the Government indicate the budget for labour inspection, disaggregated between central and provincial structures, and the material resources available.

Cooperation in the context of MERCOSUR. The Committee previously asked the Government to provide information on joint activities undertaken in the Common Market of the Southern Cone (MERCOSUR). The Committee notes the Government’s information on joint activities implemented by Argentina, Brazil and Paraguay in June 2015 to combat and eradicate child labour, and also those undertaken in July 2015 by Argentina and Uruguay in the international goods and passenger transport sector.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. In its previous comments, the Committee asked the Government to provide information on the measures taken to provide labour inspectors in the provinces with initial and further training which is adequate and geared to new technologies and conditions of work in workplaces liable to inspection.

The Government states in its report that the Ministry of Labour has implemented a training plan for inspectors to reinforce the labour inspection service throughout the country and that the numbers of labour inspectors who participated in training for each year of the 2011–15 period were 679, 242, 113, 288 and 100, respectively. These figures differ from those supplied by the Government in its reply to the observations of the CGT RA and the CTA Autonomous, according to which 617 inspectors attended training in 2014, while 778 took part in 2015. As regards agriculture, 311 inspectors participated in training in 2014 and 527 took part in 2015, though none of the courses appeared designed to provide supplementary training which was appropriate for their work. The Committee also notes that a joint training plan with the provinces is currently being prepared, which includes the implementation of a diploma in labour inspection. Lastly, the Government makes no mention of the initial training given to inspectors upon their entry into service.

The CGT RA indicates in its observations that there is a need for specific training in the rural sector. The Committee therefore requests that the Government provide information on both initial and further training given to inspectors, indicating its duration, content and the number of participants, and also on courses specifically designed for inspectors in the rural sector.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration of technical experts and specialists. The Committee notes once again that the Government has not provided any information on this matter. The Committee therefore requests that the Government provide information on the collaboration of technical experts and specialists with the inspection services, at the level of the different provincial jurisdictions, and also on the cooperation of the Occupational Risk Supervisory Authority (SRT) in this respect.

Issues specifically related to labour inspection in agriculture

Articles 6(1)(a), 14 and 19 of Convention No. 129. Functions of labour inspection. Number of inspectors. Notification of occupational accidents and occupational diseases. In its previous comment, the Committee asked the Government to send any information that it considered relevant regarding the observations of the CTA Autonomous alleging (particularly with regard to the harvesting of yerba maté) the inadequacy of inspection activities, a high incidence of undeclared work, a high accident rate, and a failure to report occupational accidents. The Committee notes the Government’s information that, since the start of the PNRT, the Ministry of Labour has undertaken periodic and regular inspections with regard to the harvesting of yerba maté. Since 2011, inspectors who have found camps of tareferos (workers engaged in artisanal harvesting) have reported the situation as presumed bonded labour, and they have also detected child labour and imposed the corresponding penalties. The various inspection activities in agriculture have resulted in a reduction in unregistered work. As regards the province of Misiones, where the situation had given rise to several days of protest between 2010 and 2012, the Government indicates that in addition to the inspections carried out, training has been given in occupational safety and health in relation to the yerba maté harvest and the working conditions of the tareferos, in terms of registration, safety and health, transport and occupational hygiene, have improved considerably.

However, the CTA Autonomous indicates that the problem was still unresolved in 2015. Similarly, the CGT RA indicates that the control and inspection functions in agriculture generally continue to be inadequate and much remains to be done to achieve decent work in agriculture. The Committee requests that the Government provide information on the number and type of inspection activities in agriculture, and also on all measures taken to improve working conditions in agriculture, particularly in relation to the harvesting of yerba maté. Lastly, the Committee again requests that the Government provide its comments on the CTA Autonomous previous indication that occupational accidents are often not reported.

Furthermore, observing that the Government has not replied to some of its previous comments, the Committee is bound to repeat part of its previous observation, which read as follows:

Articles 17 and 19. Preventive control and notification of occupational accidents and cases of occupational disease. In reply to the Committee’s previous comments in this respect, the Government indicates that the provincial authorities conduct on-the-spot routine inspections or inspections resulting from complaints using qualified staff when occupational accidents or diseases have been brought to their attention. The Committee observes that, according to statistics placed on the website of the Supervisory Authority for Occupational Risks (SRT), there was a substantial increase between 2008 and 2009 in accidents in the workplace in provinces such as Tucumán, a major global producer of lemons, and Jujuy, which, according to the same data, accounts for 65 per cent of the workforce in agriculture.

The Committee requests the Government to indicate the measures taken or envisaged to ensure that labour inspectors are associated with 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 (Article 17) and to send a copy of any relevant legal text. It also requests that the Government indicate the manner in which effect is given to Article 19 of the Convention, concerning the notification to the labour inspectorate of occupational accidents and cases of occupational disease (paragraph 1), and the association of the labour inspection services in agriculture with any inquiry into the causes of the most serious accidents or diseases that have affected a number of workers or had fatal consequences (paragraph 2).

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

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

The Committee notes the observations on both Conventions from the Confederation of Workers of Argentina (CTA Autonomous), received on 2 September 2015, which partly repeat its previous observations and mainly refer to the lack of uniform criteria used in labour inspections, unregistered employment, the inadequacy of inspections in the rural sector and the occupational accident rate and also the Government’s reply.

The Committee also notes the observations on Convention No. 129 of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 1 September 2014 and 2 September 2015, concerning the inadequacy of inspection in agriculture and the lack of adequate and specific training for inspectors in the rural sector, and also the Government’s reply. It further notes the observations of the CGT RA concerning the National Register of Agricultural Workers (RENATEA) received on 2 September 2016. The Committee requests that the Government provide its comments on these observations in so far as they concern the RENATEA.

Lastly, the Committee notes the observations made by the Latin American and Caribbean Confederation of Public Sector Workers (CLATE) and of the Association of State Workers (ATE), both received on 5 July 2016.

Articles 3(1)(a), 16, 18 and 24 of Convention No. 81 and Articles 6(1)(a), 21 and 24 of Convention No. 129. Supervisory function of labour inspectors, frequency and scope of labour inspections, and penalties. In its previous comments, the Committee noted that the National Plan for the Regularization of Labour (PNRT) had been designed to incorporate irregular workers in the social security system and asked for information on the number of inspections dedicated to combating undeclared work in proportion to the number of inspections devoted to enforcement of the legislation relating to conditions of work and the protection of workers (including unregistered workers). It also asked the Government to provide information on any penalties that may have been imposed, indicating the legal provisions applied.

With regard to agriculture in particular, the Committee asked for information on inspection activities carried out in the sector (including in relation to child labour) and for statistics relating to violations of the labour legislation, indicating the legal provisions violated and the penalties imposed.

The Committee notes the information supplied by the Government in its report, to the effect that the Ministry of Labour, Employment and Social Security (hereinafter Ministry of Labour) carries out two types of inspection: (i) those deriving from the PNRT (at the provincial level); and (ii) those carried out at the federal level, in the context of Act No. 18.695 published on 6 March 1970, which regulates the penalty procedure for violations of the provisions governing the performance of work and covers all aspects of labour inspection in the goods and passenger transport sector and in dock work. According to the Government, between 2011 and 2015, inspections under the PNRT accounted for 88 to 94 per cent of all inspections, depending on the year. In most cases, the penalties imposed on the basis of these inspections were for the non-registration of workers in the social security system. With regard to occupational safety and health (OSH), the Government indicates that the inspection function of OSH inspectors has been reinforced through assistance given by the Occupational Risk Supervisory Authority (SRT) to the provinces.

With regard to the above, the Committee notes the Government’s statements that the activities carried out under the PNRT do not appear to cover the main functions of labour inspection sufficiently, particularly as regards the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. The Committee draws the Government’s attention to paragraphs 44 et seq. of the 2006 General Survey on labour inspection, which indicate that conditions of work and the protection of workers while engaged in their work should be the main area of competence of labour inspectorates. The term “conditions of work” covers many issues, including hours of work, wages, safety and health, the employment of children and young persons, weekly rest, holidays, and the employment of women. The expression “protection of workers while engaged in their work” refers to social protection and to the fundamental rights of workers, covering areas such as the right to organize and engage in collective bargaining, conditions of termination of employment, and social security. While noting the efforts made by the Government with regard to the regularization of workers, the Committee requests that the Government provide information on the number and nature of inspection activities carried out in relation to conditions of work (particularly as regards hours of work, wages, weekly rest, holidays and the employment of women), as well as the number and nature of violations found, penalties imposed and any court rulings in this regard.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Stability of employment and conditions of service of labour inspectors. In its previous comments, the Committee had asked the Government to provide information on the measures adopted to guarantee labour inspectors, at both the central and the provincial levels, a legal status and conditions of service which ensure their stability of employment and independence from changes of government and improper external influences.

The Committee notes the Government’s indication that all labour supervisors and inspectors come within the scope of the Framework Act on the regulation of national public employment (Act No. 25.164), and that they have the status of civil servants. However, under section 7 of that Act, staff may come within the scope of the stability system or the contract system or belong to the cabinet staff of the higher authorities.

According to section 9 of Act No. 25.164, the incorporation of staff into the contract system takes place solely for the provision of temporary or seasonal services which are not included in the functions of the career system and cannot be covered by permanent staff. Moreover, the number of staff recruited under this system may in any case not exceed the percentage established in the collective labour agreement.

The Committee notes the observations of CLATE and ATE indicating that in April 2016 a total of 97 individuals were dismissed from inspection work at the Ministry of Labour, of whom 31 were labour inspectors. According to the list provided, in the vast majority of cases these individuals were recruited under the contract system, in other words for a fixed term, and the grounds put forward for non-renewal of their contracts were that the employees failed to appear at work or worked very few hours, or that some employees were performing overlapping duties.

Referring to its General Survey on labour inspection, 2006, paragraphs 201 and 202, the Committee recalls that Article 6 of Convention No. 81 and Article 8 of Convention No. 129 provide that the labour inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of improper external influences. The Committee also recalls that inspectors cannot act fully independently if their continuity of service or their career prospects depend upon political considerations. The Committee requests that the Government specify the type of employment relationship enjoyed by federal and provincial inspectors (disaggregating the number of inspectors employed under the stability system and the number employed under the contract system) and to send a copy of the collective labour agreement in force. The Committee requests that the Government take measures to ensure that all labour inspectors are governed by a public status and are guaranteed stability of employment.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual inspection report. The Committee notes that it has not received the annual inspection report. The Committee reminds the Government of its obligation to ensure that an annual report on the work of the labour inspection services is published and sent to the ILO in the form and within the deadlines prescribed by Article 20 of Convention No. 81 and Article 26 of Convention No. 129, and that it contains the information required on each of the subjects indicated in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee urges the Government to take prompt measures to give full effect to these provisions of the Convention.

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

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the Government’s report, received by the Office on 30 October 2011 and the successive observations from the Confederation of Workers of Argentina (CTA), dated 31 August 2012 and 7 September 2012, and the observations from the General Confederation of Labour (CGT), dated 10 September 2012.

The CTA declares that the lack of adequate inspection services has a direct impact on the quality of employment and the effective enjoyment of labour rights and that evidence of the laxity of inspection policies is visible in the high accident rates in the sector. According to the aforementioned confederation, the rural sector has a high rate of non-declared or “black” employment, and although it varies from one area to another, it reached a figure of 80 per cent in 2012, according to information from the Ministry of Labour itself. The CTA claims that this situation reflects the Government’s lack of interest in taking action against non-declared employment and shows that the shortcomings in the inspection services are deliberately created. The confederation adds that employers in the sector do not notify occupational accidents and send most workers who have suffered accidents to a welfare organization belonging to the branch trade union to prevent these accidents being included in official statistics and thus avoid any inspection by the authorities and the risk insurers. The CTA denounces with concern the slavery-like conditions of work experienced by taraferos (workers engaged in artisanal harvesting of yerba maté) in the Province of Misiones, whose employment situation is extremely precarious and includes non-registered work, deplorable working conditions and safety and health conditions, failure to pay the remuneration prescribed by law, payment in the form of vouchers which workers must use in an agricultural cooperative at an exchange rate considerably lower than their face value. This situation has given rise to several days of protest between 2010 and 2012, including road closures and hunger strikes. After denouncing the slave labour camps detected at an undertaking in Caraguatay and on maté plantations in Guatambú, the Union of Maté Harvesters and Temporary and Unemployed Workers in the Province of Misiones has repeatedly requested the presence of the Ministry of Labour with a view to putting an end to the irregularities that exist in the sector, but no inspections have been carried out. The Committee requests the Government to send information or comments in response to the observations from the CTA and CGT.

Legislation. The Committee notes the adoption of Act No. 26.727 of 21 December 2011 establishing regulations for employment in agriculture. It notes that, under section 99 of the Act, the authority responsible for enforcement is the Ministry of Labour, Employment and Social Security. The Committee notes the Government’s statement that, in relation to the Act, regulations regarding labour inspection in the sector are currently in the process of being adopted. The Committee requests the Government to keep the Office informed of any developments in the adoption of implementing regulations relating to the abovementioned Act and to send a copy of any legislative text adopted in this regard. The Committee also requests the Government to send information with its next report, supported by statistics, on the impact of the application of the new Act on the objective of the Convention.

Furthermore, observing that the Government has not replied to its previous comments, the Committee is bound to repeat its previous observation, which read as follows:

The Committee notes the Government’s report received at the Office on 23 November 2010. It also notes the comments made by the General Confederation of Labour (CGT) in a communication dated 29 October 2010.

The Committee observes that the CGT, in the comments made in relation to the application of various Conventions ratified by Argentina, includes a copy of a communication from the Argentine Union of Rural Workers and Dockworkers (UATRE) addressed to the Ministry of Labour, Employment and Social Security (MTEYSS) (Ministry of Labour), which contains observations with regard to the Government’s compliance with the present Convention.

As regards the issues related to the present Convention, the Committee refers the Government to its observation concerning the Labour Inspection Convention, 1947 (No. 81), and raises the following points specifically relating to labour inspection in agriculture.

Lack of information on the functioning of the labour inspection services in agriculture. The UATRE states that it asked the Ministry of Labour to improve rural inspection activities by allocating adequate human resources, but no progress has been observed in this area at national level. The trade union also states that the establishment of the National Register of Rural Workers and Employers (RENATRE), aimed at monitoring the payment of employers’ contributions to the integrated unemployment benefit system, has resulted in the registration of 800,000 workers.

The Committee notes that the Government does not supply the detailed information requested of it in a previous observation concerning the manner in which all provisions of the Convention are given effect in practice. The Committee hopes that the Government will send information in its next report on: (a) the number of labour inspectors exercising their functions in agriculture (disaggregated by provincial authority, if possible) (Article 14 of the Convention); (b) the material means (offices, transport facilities) at the disposal of each provincial authority (Article 15) to ensure that labour inspectors can perform their duties, in accordance with Article 6(1)(a) and (b); (c) the specific training given to labour inspectors to ensure the effective discharge of their functions related to prevention and control as provided for in Article 9(3) (including frequency, number of participants, subjects covered and duration, and preferably with a breakdown of the training activities organized for inspectors in the various regional offices); and (d) the manner in which collaboration is ensured between technical experts and the labour inspection services, especially in the provincial offices, in accordance with Article 11.

Articles 6(1)(a) and 24. Enforcement function of the labour inspectorate; adequate and effectively enforced penalties. The Committee observes that, according to information published on the website of the MTEYSS (http://www.trabajo.gov.ar) concerning labour inspection activities in 2010 and 2011, it appears that inspections have been restricted, at least during the aforementioned years, to checking the labour register. The Committee also notes, from the documentation attached to the report on Convention No. 81, the various agreements signed between the MTEYSS and the trade unions for combating undeclared work and ensuring effective inspection of conditions of work and child labour, in the context of the “Integrated employment promotion plan: more and better work” and the “National plan for the regularization of work” (PNRT). The Committee requests the Government to continue to provide information on the enforcement activities of the labour inspection in agriculture, including with regard to child labour, and to send statistics relating to violations of the labour legislation found, stating the legal provisions concerned and the penalties imposed, and copies of court decisions relating to the latter.

Articles 17 and 19. Preventive control and notification of occupational accidents and cases of occupational disease. In reply to the Committee’s previous comments in this respect, the Government indicates that the provincial authorities conduct on-the-spot routine inspections or inspections resulting from complaints using qualified staff when occupational accidents or diseases have been brought to their attention. The Committee observes that, according to statistics placed on the website of the Supervisory Authority for Occupational Risks (SRT), there was a substantial increase between 2008 and 2009 in accidents in the workplace in provinces such as Tucumán, a major global producer of lemons, and Jujuy, which, according to the same data, accounts for 65 per cent of the workforce in agriculture.

The Committee requests the Government to indicate the measures taken or envisaged to ensure that labour inspectors are associated with 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 (Article 17) and to send a copy of any relevant legal text. It also requests the Government to indicate the manner in which effect is given to Article 19 of the Convention, concerning the notification to the labour inspectorate of occupational accidents and cases of occupational disease (paragraph 1), or the association of the labour inspection services in agriculture with any inquiry into the causes of the most serious accidents or diseases that have affected a number of workers or had fatal consequences (paragraph 2).

Articles 26 and 27. Obligation to publish and send an annual report. The Government indicates that the statistics relating to occupational accidents and diseases compiled by the SRT can be consulted on http://www.srt.gov.ar/data/fdata.htm. The Committee observes that the statistics contained in the different reports that appear on the SRT website do not appear to distinguish between occupational accidents and cases of occupational disease.

The Committee refers the Government to its comments under Articles 20 and 21 of Convention No. 81 and requests the Government to keep the ILO informed of progress made in ensuring that the central labour inspection authority publishes and sends to the ILO, in accordance with Article 26 of the Convention, an annual report on the work of the labour inspection services in agriculture, either as a separate report or as part of its general annual report, containing the information required in Article 27(a)–(g). The Committee also reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

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

The Committee notes the Government’s report received at the Office on 23 November 2010. It also notes the comments made by the General Confederation of Labour (CGT RA) in a communication dated 29 October 2010.

The Committee observes that the CGT RA, in the comments made in relation to the application of various Conventions ratified by Argentina, includes a copy of a communication from the Argentine Union of Rural Workers and Dockworkers (UATRE) addressed to the Ministry of Labour, Employment and Social Security (MTEYSS) [Ministry of Labour], which contains observations with regard to the Government’s compliance with the present Convention.

As regards the issues related to the present Convention, the Committee refers the Government to its observation concerning the Labour Inspection Convention, 1947 (No. 81), and raises the following points specifically relating to labour inspection in agriculture.

Lack of information on the functioning of the labour inspection services in agriculture. The UATRE states that it asked the Ministry of Labour to improve rural inspection activities by allocating adequate human resources, but no progress has been observed in this area at national level. The trade union also states that the establishment of the National Register of Rural Workers and Employers (RENATRE), aimed at monitoring the payment of employers’ contributions to the integrated unemployment benefit system, has resulted in the registration of 800,000 workers.

The Committee notes that the Government does not supply the detailed information requested of it in a previous observation concerning the manner in which all provisions of the Convention are given effect in practice. The Committee hopes that the Government will send information in its next report on: (a) the number of labour inspectors exercising their functions in agriculture (disaggregated by provincial authority, if possible) (Article 14 of the Convention); (b) the material means (offices, transport facilities) at the disposal of each provincial authority (Article 15) to ensure that labour inspectors can perform their duties, in accordance with Article 6(1)(a) and (b); (c) the specific training given to labour inspectors to ensure the effective discharge of their functions related to prevention and control as provided for in Article 9(3) (including frequency, number of participants, subjects covered and duration, and preferably with a breakdown of the training activities organized for inspectors in the various regional offices); and (d) the manner in which collaboration is ensured between technical experts and the labour inspection services, especially in the provincial offices, in accordance with Article 11.

Articles 6(1)(a) and 24. Enforcement function of the labour inspectorate; adequate and effectively enforced penalties. The Committee observes that, according to information published on the website of the MTEYSS (http://www.trabajo.gov.ar) concerning labour inspection activities in 2010 and 2011, it appears that inspections have been restricted, at least during the aforementioned years, to checking the labour register. The Committee also notes, from the documentation attached to the report on Convention No. 81, the various agreements signed between the MTEYSS and the trade unions for combating undeclared work and ensuring effective inspection of conditions of work and child labour, in the context of the “Integrated employment promotion plan: more and better work” and the “National plan for the regularization of work” (PNRT). The Committee requests the Government to continue to provide information on the enforcement activities of the labour inspection in agriculture, including wtih regard to child labour, and to send statistics relating to violations of the labour legislation found, stating the legal provisions concerned and the penalties imposed, and copies of court decisions relating to the latter.

Articles 17 and 19. Preventive control and notification of occupational accidents and cases of occupational disease. In reply to the Committee’s previous comments in this respect, the Government indicates that the provincial authorities conduct on-the-spot routine inspections or inspections resulting from complaints using qualified staff when occupational accidents or diseases have been brought to their attention. The Committee observes that, according to statistics placed on the website of the Supervisory Authority for Occupational Risks (SRT), there was a substantial increase between 2008 and 2009 in accidents in the workplace in provinces such as Tucumán, a major global producer of lemons, and Jujuy, which, according to the same data, accounts for 65 per cent of the workforce in agriculture.

The Committee requests the Government to indicate the measures taken or envisaged to ensure that labour inspectors are associated with 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 (Article 17) and to send a copy of any relevant legal text. It also requests the Government to indicate the manner in which effect is given to Article 19 of the Convention, concerning the notification to the labour inspectorate of occupational accidents and cases of occupational disease (paragraph 1), or the association of the labour inspection services in agriculture with any inquiry into the causes of the most serious accidents or diseases that have affected a number of workers or had fatal consequences (paragraph 2).

Articles 26 and 27. Obligation to publish and send an annual report. The Government indicates that the statistics relating to occupational accidents and diseases compiled by the SRT can be consulted on http://www.srt.gov.ar/data/fdata.htm. The Committee observes that the statistics contained in the different reports that appear on the SRT website do not appear to distinguish between occupational accidents and cases of occupational disease.

The Committee refers the Government to its comments under Articles 20 and 21 of Convention No. 81 and requests the Government to keep the ILO informed of progress made in ensuring that the central labour inspection authority publishes and sends to the ILO, in accordance with Article 26 of the Convention, an annual report on the work of the labour inspection services in agriculture, either as a separate report or as part of its general annual report, containing the information required in Article 27(a)–(g). The Committee also reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

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

The Committee notes the Government’s report received in September 2008; its reply to the general observation in 2007 on this Convention and on Convention No. 81 on the necessary cooperation between the labour inspection system and the judicial bodies; the communication of several legal texts already available at the ILO, as well as Decrees Nos 817/04 and 272/06 issuing regulations under certain provisions of Act No. 25.877 of 2 March 2004 on the employment system; and a list of enterprises prosecuted and fined for violations of the labour legislation.

Lack of information on the functioning of the labour inspection services in agriculture. The Committee notes that the above list of enterprises contains no details as to the legal provisions violated by these enterprises, nor the branch of activity to which they belong. The Committee infers that these were proceedings brought against enterprises infringing social security legislation, but the Government has not provided details allowing it to know whether agricultural employers were on this list. The Government refers in its report to labour legislation applicable to the agricultural sector (in particular Act No. 22.248 of 1980, approving the national agricultural employment system), already submitted for examination to the Committee, as well as to other texts that do not specifically apply to labour inspection in agriculture; it also refers to the minimum conditions that must be fulfilled in the context of MERCOSUR for assuming the functions of labour inspector, in relation to the principle of equality between men and women at the recruitment stage. The Government also mentions the National Committee of Agrarian Work (CNTA) and its responsibilities, as well as the existence of a national register of rural workers and employers (RENATRE). However, no information is provided on human resources on the facilities available to labour inspectors to discharge their duties (Articles 14 and 15 of the Convention), concerning the enforcement of legal provisions relating to conditions of work in agricultural undertakings (Articles 6, paragraph 1(a), and 21). There is nothing to indicate that labour inspectors in the agricultural sector receive any specific training in prevention and the enforcement of the legislation covered by the Convention (Articles 9, paragraph 3, and 17). With regard to Article 11 concerning the association of duly qualified technical experts and specialists, the Government confines itself to stating that inspectors are qualified and that they have the necessary knowledge to solve problems of a technical nature that might arise. Furthermore, it would not seem that any provisions have been adopted to give effect to Article 19 on the notification to the labour inspectorate of employment accidents and cases of occupational disease (paragraph 1), or to associate the labour inspection services in agriculture with any inquiry into the causes of the most serious accidents or diseases that have affected a number of workers or had fatal consequences (paragraph 2).

The documents provided on regional cooperation among inspection services in the context of MERCOSUR, examined by the Committee in its comments concerning Convention No. 81, do not contain any information on the extent of this cooperation in relation to labour inspection in agricultural undertakings.

With respect to Article 27 of the Convention concerning the information that should be contained in the annual report on labour inspection in agriculture, the Government refers to a national census carried out in 2002 which identified 335,533 establishments liable to inspection. It states that 1,530 inspections were carried out in 2007, covering 18,848 workers, of which 38 per cent were not registered in the integrated retirement and pension scheme (SIJP), which would seem to infer that all these visits were focused on the situation of employers and workers in relation to their social security obligations. In terms of the statistics on employment accidents and occupational diseases, the Government refers to previous information without any further details. The Committee would like to draw the Government’s attention to the specific characteristics of agricultural work, and particularly the occupational hazards linked to the use of machinery, equipment and the handling or spreading of toxic products and substances, which are faced by the workers concerned, as well as the members of their family living on the undertaking. It is bound to reaffirm the need to provide labour inspection services in agriculture with adequate human resources and means with a view to protecting the population covered by the Convention. It requests the Government to take the necessary measures for this purpose and, in its next report, to provide information that is as detailed as possible on the way in which effect is given in practice to all the above provisions of the Convention, as well as to the relevant national legal provisions to ensure the protection of agricultural workers and members of their family. It would be grateful if the Government would communicate information on these measures and on their results.

Furthermore, the Committee requests the Government to provide details on the action undertaken in the context of MERCOSUR with respect to labour inspection in agriculture.

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

Also referring to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee notes the information contained in the Government’s report and the attached documents.

Article 6, paragraph 2, of the Convention. Labour inspection and conditions of life of workers and their families. With reference to its previous comments, the Committee requests the Government to indicate whether it is planned for the labour inspectorate to develop new activities in relation to the conditions of life of the family members of agricultural workers, such as activities intended to ensure the school attendance of the children of agricultural workers, raise awareness of the health and safety risks associated with agricultural machinery, chemical substances and the risks of animal bites and stings, and extend sickness and accident insurance to families.

Article 9. Training of labour inspectors in agriculture. The Committee once again draws the Government’s attention to the need to provide labour inspectors in agriculture with specific training to guarantee adequate protection of the large workforce working or living on agricultural undertakings. It requests the Government to take measures to this end and to provide the Office with information on any relevant measures and any difficulties encountered.

Articles 26 and 27. Annual inspection report. With reference to its previous comments, the Committee notes with interest the establishment of the Single Register of Inspections, Infringements and Penalties (RUIIS) in five provincial administrations, as well as the preparation of such a register in five others. It notes that in its plenary meetings the Federal Labour Council is continuing to develop a project for the strengthening of labour services, taking into account disparities in resources and facilities. The Committee requests the Government to take all the necessary measures to prepare an annual inspection report that provides a basis for evaluating the operation of the inspection system in agriculture and determining the resources necessary for its improvement. Emphasizing that such a report has to be published and a copy provided to the ILO, the Committee requests the Government to indicate the measures taken to this end.

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

The Committee notes the Government’s report and the useful information that it contains in reply to its previous requests. Also referring to its comments on the application of Convention No. 81, the Committee would be grateful if the Government would provide additional information in its next report on the following points.

1. Labour inspection and conditions of life of workers and their families. The Committee notes the legislative provisions relating to housing and nutrition conditions which labour inspectors are responsible for enforcing in agriculture. It requests the Government to indicate whether labour inspectors in agriculture also fulfil advisory or enforcement functions regarding legal provisions relating to other aspects of the conditions of life of workers and their families, in accordance with Article 6, paragraph 2, of the Convention.

2. Training of labour inspectors in agriculture. Please indicate the measures adopted to provide appropriate initial and further training for labour inspectors in agriculture (Article 9, paragraph 3).

3. Conditions of access of labour inspectors to the private homes of agricultural operators. The Committee notes the provisions of section 32 of Act No. 25877 which give effect to Article 16, paragraph 1, of the Convention with regard, in particular, to the power of inspectors to enter freely and without previous notice any workplace liable to inspection. It requests the Government to indicate whether measures have also been adopted or are envisaged to ensure that inspectors can only enter the private home of the operator of an agricultural undertaking with her or his consent or with a special authorization issued by the competent authority, in accordance with Article 16, paragraph 2, of the Convention.

4. Annual report of the labour inspection services in agriculture. The Committee notes the Government’s belief that the forthcoming establishment of the Single Register of Inspections, Infringements and Penalties (RUIIS) should facilitate the preparation of the annual report. It hopes that, in accordance with Article 26 of the Convention, the Integrated Labour and Social Security Inspection System will soon be in a position to publish and transmit to the ILO an annual report on the work of the labour inspection services in agriculture, either in the form of a separate report, or as part of its annual general report, and that this report will cover the subjects set out in Article 27 of the Convention.

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

The Committee notes the Government’s report, the tables on employment accidents in agriculture and the human and material resources available to inspection services, as well as the annual report for 2000 on the activities of the labour inspectorate and Act No. 25 250 of 11 May 2000 on stable employment. It also notes the information on the economic and social situation of the country provided by the Secretary of Labour of the Ministry of Labour, Employment and Social Security, dated 6 June 2002. As the Government has indicated that replies to its previous comments will be provided subsequently, the Committee hopes that the Government will provide them so that they can be examined at its next session.

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

The Committee notes the Government’s reports for the period ending May 2000, and the attached documents. It requests the Government to provide additional information on the following points.

Article 6(2) of the Convention.  Labour inspection and conditions of life of agricultural workers and their families.  The Committee notes that inspectors discharge the same functions in the agricultural sector as in other sectors of the economy and requests the Government to indicate whether they fulfil advisory or enforcement functions regarding legal provisions relating to conditions of life of agricultural workers and their families and, where appropriate, to provide copies of the relevant texts.

Article 8(1).  Status and conditions of service of labour inspectors.  The Committee notes that the Bill establishing an integrated labour and social security inspection system was adopted by Act No. 25250. It requests the Government to provide a copy of the above Act, as well as information on the measures which have been taken or are envisaged to secure for inspectors a status and conditions of service which are appropriate to their functions, so that they are no longer forced to have recourse to other work to attain appropriate living standards.

Article 8(2).  Collaboration of workers’ organizations in labour inspection functions.   The Committee notes that, by virtue of Decree No. 1183/93 and Decision No. 1029/96 of the Ministry of Labour and Social Security, trade unions may collaborate in labour inspection functions relating to undeclared work. The Government is requested to continue providing information on the collaboration of trade unions in labour inspection functions and to indicate, where appropriate, any measure which has been taken or is envisaged to expand the scope of this collaboration to other aspects of conditions of work.

Article 9.  Training of labour inspectors.  The Committee would be grateful if the Government would provide details of the impact on the agricultural sector of the training agreements for inspection personnel concluded under the terms of Decree No. 1183/93 and Decision No. 1029/96 of the Ministry of Labour and Social Security between the State and provincial governments in the fields of inspection techniques and the application of the legislation.

Article 10.  Presence of women in the staff of the labour inspectorate.  The Committee would be grateful if the Government would indicate the proportion of women in the staff of the labour inspectorate and specify whether special duties are assigned to them.

Articles 14 and 21.  Staff, material resources and effectiveness of labour inspection services.  The Committee once again requests the Government to provide information on the measures which have been taken or are envisaged to increase the number of qualified labour inspectors in the agricultural sector, taking into account the criteria established by Article 14, with a view to ensuring the frequency and quality of inspections, in accordance with Article 21. The Committee would be grateful if the Government would also provide information on the impact of the decentralization of inspection services on the numbers and distribution of labour inspectors in the agricultural sector, and on the material resources at their disposal.

Article 16(2).  Conditions of access of labour inspectors to the private home of agricultural operators.  The Committee once again requests the Government to indicate whether, as envisaged by this provision, labour inspectors shall not enter the private home of the operator of an agricultural enterprise except with the consent of the operator or with a special authorization issued by the competent authorities. Please provide copies of the texts giving effect to this provision or, if such a limitation on the right of entry of inspectors is not established, the Government is requested to take measures for this purpose and to keep the ILO informed.

Article 17.  Inspection and preventive control.  The Committee once again requests the Government to indicate whether, and under what conditions, the legislation provides for the collaboration of inspection services in the preventive control of new plant, new materials or substances or new methods of handling or processing products which appear likely to constitute a threat to health or safety. Where appropriate, please provide copies of any relevant text.

Article 19(2).  Notification of occupational accidents and cases of occupational disease.  With reference also to its general observation of 1996 under Convention No. 81, the Committee would be grateful if the Government would provide information on the manner in which it is envisaged that labour inspectors shall be notified of occupational accidents and cases of occupational disease and if it would indicate whether labour inspectors are associated with any relevant inquiry.

Articles 26 and 27.  Annual inspection reports.  The Committee notes that the information contained in the inspection reports received covers various economic sectors, as permitted by Article 26(1), which provides that the annual report due under this Convention may be published as part of the competent authority’s general annual report. The Committee notes that the only statistics concerning the agricultural sector are those of the number of victims of occupational accidents (Article 27(f)). With reference to paragraphs 272 et seq. of its 1985 General Survey on labour inspection concerning the basic objectives of these reports, both at the national level and from the point of view of examining the application of the Convention, the Committee requests the Government to take the appropriate measures to ensure that information and statistics on the agricultural sector are presented in a sufficiently distinct manner. With reference to its general observation of 1999 on the particularly positive role that labour inspection could play in controlling child labour, the Committee hopes that measures will be taken to this end and that information will be provided regularly in the annual inspection report in this connection.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes from the Government's report that a Federal Council of Provincial Labour Administrations has been set up and that the provinces which compose it have signed the protocols by which the Central Ministry of Labour and Social Security transferred to them some of its functions. Only where no protocol has been signed, do the labour inspection duties remain the responsibility of the regional offices of the said Ministry. The Committee notes also the information provided concerning the activities of the inspection teams.

Article 8, paragraph 1, of the Convention. The Committee takes note of the information provided by the Government that insufficient remuneration and the lack of other incentives constitute limitations in the engagement of public officials while those already engaged are often obliged to have a second employment in order to subsist. It also notes that the provincial bodies are too dependent of local political changes which would constitute serious obstacles to the labour inspection. Please indicate the measures taken or envisaged to ensure that the status and conditions of service of labour inspectors are adequate so as not to necessitate a second employment, that of their stability of employment and their independence from changes of government and improper external influences are ensured.

Article 9. The Committee takes note of the information regarding the insufficient qualifications of the labour inspection staff in agriculture. It hopes the Government will be able to indicate in its next reports the measures taken or envisaged by the provincial authorities as well as the Ministry of Labour and Social Security to ensure that labour inspectors in agriculture are recruited with sole regard to their qualifications for the performance of their duties (paragraph 1) and that they are adequately trained and receive further training in course of their employment (paragraph 3). Please indicate also the means used both at central and provincial levels to ascertain such qualifications (paragraph 2).

Articles 14 and 21. The Committee notes that, following the decentralization of the labour inspection system, the Government does not have sufficient information as to the functioning of the provincial labour inspection services. Nevertheless, the Government states that the situation has not changed concerning the difficulties encountered by these services in inspecting agricultural undertakings as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions. It also mentions the limitations arising from the insufficiency of the staff and the lack of material means. Please indicate the measures taken or envisaged to remedy this situation.

Article 15. See comments under Article 11 of Convention No. 81, as follows:

Articles 11, paragraphs 1(b) and 2, and 16. Further to its previous comment, the Committee urges the Government to provide an appreciation of the manner in which this aspect of the Convention is applied, having regard to the need for adequate transport facilities for inspectors in order to meet the requirements in Article 16 that workplaces be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Article 16. The Committee takes note of the Government's reply to its previous comments which refers to section 18 of the national Constitution and section 225 of the Criminal Procedure Code. It notes however that these provisions do not prohibit labour inspectors from entering the private home of an operator of an undertaking in pursuance of subparagraphs (a) and (b) of paragraph 1 of this Article, in the event the operator does not give his consent or the competent authority does not issue a special authorization as required by paragraph 2 of this Article. Please indicate the measures taken or envisaged to ensure the application of this Article.

Article 17. The Committee notes the Government's reply to its previous comments referring to certain legal texts. It notes, however, that none of these texts provides specifically for the labour inspection services in agriculture to be 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. Please supply further information and any relevant laws or regulations regarding the cases and conditions under which the labour inspection services in agriculture are associated in such preventive control.

Article 19, paragraph 2. The Committee notes that the Government's reply to its previous comment does not contain information on the participation of inspectors in inquires into the causes of the most serious occupational accidents or occupational diseases, particularly of those which affect a number of workers or have fatal consequences. Please provide such information with the next report.

Article 26. See observation under Article 20 of Convention No. 81.

Article 27. The Committee notes the information provided by the Government in its report concerning the information required by subparagraph (a) of this Article. It wishes to point out that this information, along with the information required under subparagraphs (b) to (g) of this Article, should be included in the annual report required under Article 26.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied by the Government concerning its previous comments on Article 6, paragraph 2, Article 12, paragraph 2, and Article 18, paragraph 4, of the Convention. The Committee requests the Government to supply further information on the following points:

Articles 14 and 21. See comments under Articles 10 and 16 of Convention No. 81, as follows:

Articles 10 and 16. Further to its previous comment, the Committee notes that from the statistics provided it appears that the number of inspectors has dropped considerably since the Government indicated in 1988 in its report on Convention No. 129 that there were 212 nationally plus others in the regions. It would be grateful if the Government would clarify by providing the information requested in the report form relating to these Articles.

Article 15. See comments under Article 11 of Convention No. 81, as follows:

Article 11, paragraphs 1(b) and 2. Further to its previous comment, the Committee notes the information provided. It would be grateful if the Government would provide an appreciation of the manner in which this aspect of the Convention is applied, having regard to the need for adequate transport facilities for inspectors in order to meet the requirement in Article 16 that workplaces be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. Also, please provide copies of regulations authorising the arrangements made for transport facilities such as reimbursement to inspectors for the cost of transport.

Article 16, paragraph 2. In its report, the Government did not indicate the legal provisions which prohibit labour inspectors from entering the private home of the operator of an agricultural undertaking except with the consent of the operator or with a special authorisation issued by the competent authority. Please supply this information.

Article 17. The Committee once again requests the Government to indicate the measures and legal provisions adopted to give effect to the preventive functions set out in this Article.

Article 19, paragraph 2. The Committee once again requests the Government to supply information, if it is available, on the participation of inspectors in inquiries into the causes of work-related accidents and into the most serious cases of occupational diseases.

Articles 26 and 27. See comments under Articles 20 and 21 of Convention No. 81, as follows:

Articles 20 and 21. The Committee notes that no annual report on the activities of the inspection services has been received by the ILO since that for 1984, produced following a direct contacts mission. The Committee also notes that further technical cooperation has been provided by the ILO in relation to labour inspection. In its comments, the Committee has for years expressed its hope that certain reorganisations and legislative initiatives would remedy the difficulty posed by the conduct of some inspections by provincial authorities and make possible publication of the necessary annual report by the federal authorities. In the absence of the practical information called for by the Convention, it is impossible to evaluate the application of the Convention or to determine what further measures need to be taken in order to ensure that workplaces are inspected as often and as thoroughly as necessary in compliance with Article 16. The Committee would be grateful if the Government would indicate the measures proposed in this regard.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information supplied by the Government in its first report on the application of the Convention. It would be grateful if the Government would provide additional information on the following points:

Article 6, paragraph 2, of the Convention. Please indicate which, if any, of the functions referred to in this provision are conferred on labour inspectors in agriculture, and the manner in which they are exercised in practice.

Article 12, paragraph 2. In so far as recourse is had to the possibility provided by this provision, please indicate the government services or institutions to which certain inspection duties have been entrusted, the nature of these duties, the manner in which they are carried out, and whether they are subject to supervision by the central authority.

Articles 14 and 21. The Committee notes from the Government's report that, owing to the limited number of inspectors, agricultural undertakings cannot be visited as frequently as necessary. While noting the difficulties facing the Government in the present economic situation, the Committee expresses the hope that the Government will be able to increase the number of inspectors and to take appropriate steps to ensure that all agricultural undertakings are inspected regularly.

Article 16, paragraph 2. Please indicate the legal provisions that prohibit inspectors from entering the private homes of operators of agricultural undertakings, except with the consent of the operators or with a special authorisation issued by the competent authority.

Article 17. Please indicate in which cases and under what conditions the labour inspection services are associated in the preventive control provided for by this Article.

Article 18, paragraph 4. Please indicate the provisions under which the defects noted by inspectors when visiting an undertaking and the orders made, must immediately be made known to the employer and the representatives of the workers.

Article 19, paragraph 2. Please indicate whether, and in what circumstances, inspectors are associated with inquiries on the spot into the causes of the most serious occupational accidents or occupational diseases.

Articles 26 and 27. Please provide the annual report on the work of the inspection services in agriculture, unless the relevant information is included in the general annual report on the work of the inspection services (Article 20 of Convention No. 81).