Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Saint Vincent and the Grenadines (Ratification: 2010)

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

Previous comments: observation and direct request

In order to provide a comprehensive view of 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 7 of Convention No. 81 and Article 9 of Convention No. 129. Adequate training of labour inspectors. In response to the Committee’s previous comment, the Government, indicates that it is allocating the necessary resources to enable effective discharge of inspection services, including appropriate training to experienced and recently recruited labour inspectors, and has provided a copy of the agenda of a training workshop held in 2021 on labour inspection administration. While taking note of this information, the Committee requests the Government to continue to pursue its efforts to ensure that all labour inspectors, including occupational safety and health inspectors, receive appropriate training for the discharge of their duties and to provide information on the content, frequency and duration of any training given to new or recently transferred inspectors, as well as similar information with respect to training for more experienced inspectors.

Article 11 of Convention No. 81 and Article 15 of Convention No. 129. Transportation facilities. In response to the Committee’s previous comment, the Government indicates that it is allocating travelling allowances and mileage claims to labour inspectors. The Committee notes the Government’s indication that (i) all labour officers have privately owned vehicles; (ii) vehicles from the Ministry of Agriculture, Forestry, Fisheries, Rural Transformation, Industry, and Labour are made available to the various units on a need basis; and (iii) that there are transportation arrangements with two cargo vessels, to facilitate the transportation of labour officers to the Grenadines for the conduct of inspection visits.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational accidents and cases of occupational disease. Following its previous comment, the Committee notes the Government’s indication that sections 5 and 6 of the Accidents and Occupational Diseases (Notification) Act, 1952, provides for notification of the labour inspectorate of cases of occupational accidents and diseases. The Committee also notes that the Occupational Safety and Health (OSH) Act, 2017 has not been proclaimed by the Governor General. The Committee requests the Government to provide information on the number and nature of occupational accidents and disease notified in practice to the labour inspectorate. It also requests the Government to provide a copy of the OSH Act, once proclaimed.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services. The Committee notes the Government’s indication about the revisions made to the Labour Market Information System (LMIS) with assistance from the ILO Office in the Caribbean. The Government indicates that it has published the reports for 2019 and 2020 and is currently compiling data for the 2021 and 2022 reports. The Committee notes that the 2019 report has not been sent to the Office and it does not appear to be available online. The Committee requests the Government: (i) to publish the periodic reports on the activities of the labour inspectorate; (ii) to ensure they are transmitted to the ILO; and (iii) to ensure that they contain information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention 129.

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

Previous comments: observation and direct request

In order to provide a comprehensive view of 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.

Articles 3(2), 10, 16, 17 and 18 of Convention No. 81 and Articles 6(3), 14, 21, 22 and 24 of Convention No. 129. Functions assigned to labour inspectors. Number of inspectors, number of inspection visits and enforcement. Following its previous comment, the Committee notes the Government’s indication that there are currently six officers who act as labour inspectors (five in 2020), and that five positions for occupational safety and health (OSH) inspectors remain vacant. The Government indicates that 23 inspection visits have been conducted, including in the agricultural sector, and that five violations were detected. Accordingly, improvement notices were issued for underpaying workers, non-payments of overtime, and absence of fire extinguishers on the premises. With regard to functions carried out by labour inspectors, the Committee notes the Government’s indication that 95 percent of labour inspectors’ time is spent performing their main functions, which are to investigate individual complaints, ensure that labour laws are adhered to and inspect workplaces to ensure the workplace is conducive for work. The Committee also notes that according to the job descriptions provided by the Government, labour officers and senior labour officers are engaged in some conciliation function in relation to individual complaints and that approximately 50 percent of the activities performed by senior labour officers relate to employment and labour market research. The Committee encourages the Government to continue to pursue its efforts to ensure that the labour inspection services have at their disposal an adequate number of labour inspectors, including OSH inspectors, to enable them to effectively carry out their duties and that workplaces are inspected as often and as thoroughly as is necessary. In this respect, it requests the Government to continue to provide information on: (i) the number of labour inspectors (including OSH inspectors), indicating the number of inspectors recruited as labour officers and as senior labour officers; (ii) the number of inspection visits undertaken each year, specifying the number of inspections in the agricultural sector; and (iii) the results of those inspections, such as the number of violations detected, and penalties imposed. The Committee requests the Government to indicate the measures taken to ensure the filling of the vacant positions of OSH inspectors, and to indicate whether the compensation and other terms and conditions of employment for OSH inspectors are equivalent or comparable to those for labour inspectors.

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of 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 11 of Convention No. 81 and Article 15 of Convention No. 129. Transportation facilities. Following its previous comment, the Committee notes the Government’s indication that every labour officer receives a travel allowance, which is payable only if the officer is also the registered owner of the vehicle used. In this regard, the Committee takes note of the Schedule of Traveling Allowance, the Mileage Claim Form and the Certificate for Transport Allowance transmitted by the Government with its report. Noting an absence of information in reply to its previous request, the Committee once again requests the Government to provide information on the number of vehicles at the disposal of the labour inspectorate for the conduct of inspection visits.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational accidents and cases of occupational disease. The Committee previously noted that the Occupational Safety and Health Bill, once adopted, would give effect to Article 14 of Convention No. 81 by providing for the notification of the labour inspectorate of industrial accidents and cases of occupational diseases.

The Committee notes the Government’s indication in its report that the Occupational Safety and Health (OSH) Act, 2017 has been passed by the Parliament but remains unenforced since it has not yet been proclaimed. The Committee requests the Government to pursue its efforts to ensure the notification of the labour inspectorate of occupational accidents and cases of occupational diseases, and to provide a copy of the OSH Act, once proclaimed.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services. In its previous comments, the Committee noted that technical assistance was provided by the Office for the implementation of the Labour Market Information System (LMIS), which contains statistics on labour inspection and was intended to be used to record and generate reports on labour inspections. The Committee notes the Government’s indication that it is still not in a position to publish the annual labour inspection reports as was envisaged through the establishment of the LMIS, which remains functional at best. The Committee notes that the shortage of human resources at the Department of Labour creates a significant challenge for the Government to regularly and accurately enter data into the system. Taking note of the difficulties identified by the Government, the Committee requests the Government to provide information on the measures it is taking to address these difficulties. It requests the Government to strengthen its efforts to ensure the establishment and publication of an annual report on the work of the inspection services, in conformity with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, containing the information on all the matters listed under Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of 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.

Articles 3(2), 10, 16, 17 and 18 of Convention No. 81 and Articles 6(3), 14, 21, 22 and 24 of Convention No. 129. Additional functions assigned to labour inspectors. Number of inspectors, number of inspection visits and enforcement. With regard to its previous comment regarding the limited staff available at the Department of Labour to discharge of the duties of the inspectorate, the Committee notes the Government’s indication in its report that the situation remains the same due to national budgetary constraints and the relatively high rate of turnover for labour officers during the last five years. The Committee further notes that there are currently five officers who act as labour inspectors, but that they also perform other duties beside inspections. However, the Government states that a number of occupational safety and health (OSH) inspectors will be recruited following the promulgation of the OSH Act.

The Committee notes that 41 inspection visits were conducted in 2019 and 12 more visits between January and August 2020. In 2019, these inspection visits were conducted in shops, workplaces of professionals, hotels, industrial workplaces, in the workplaces of domestic workers and security workers. No inspection visits were conducted in the agricultural sector that year. It notes in this respect the Government’s indication that there has been a significant decline in the number of workers in the agricultural sector over the last 15 years.

The Committee recalls that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, as defined in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. Taking note of the national budgetary constraints, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the labour inspection services have at their disposal an adequate number of labour inspectors to enable them to effectively carry out their duties and that workplaces are inspected as often and as thoroughly as is necessary. In this respect, it requests the Government to continue to provide information on the number of labour inspectors (including OSH inspectors) and the number of inspection visits undertaken, including the number of inspection visits undertaken in the agricultural sector. It once again requests the Government to provide information on the results of those inspections, such as the number of violations detected and penalties imposed. Lastly, the Committee requests the Government to specify all the other functions carried out by the officials entrusted with labour inspection functions and to provide information on the amount of time spent by those officials on such other functions.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Adequate training of labour inspectors. Following its previous comment, the Committee notes the Government’s indication that no training has been provided to labour inspectors since 2011 and that the majority of officers who have been trained are no longer employed by the Department of Labour. The Government states that new officers were transferred from other government Ministries or Departments and received only on-the-job training from the more experienced officers remaining in the Department. The Committee requests the Government to intensify its efforts to ensure that all labour inspectors receive appropriate training for the discharge of their duties and to provide information on the content, frequency and duration of any training given to new or recently transferred inspectors, as well as similar information with respect to training for more experienced inspectors.

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

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

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.

Article 9. Adequate training of labour inspectors. The Committee notes the Government’s indications that new recruits for the position of labour officer are trained for the job by shadowing experienced labour officers during the exercise of their duties. It further notes that, according to the Government, in 2011, all labour officers (four) took part in a training course organised by the ILO Subregional Office in Port-of-Spain, which was the only formal training during the reporting period. The Committee notes that the Government has not provided any information on whether these training sessions also concerned subjects specifically relating to agriculture. The Committee emphasizes the importance of ensuring that labour inspectors working in the agricultural sector receive appropriate training, which takes into account the development of technology and working methods and the risks associated with the use of machines and tools and with the handling of products and chemical substances to which workers and their families are exposed. It therefore reiterates its request to indicate the subjects, attendance and frequency of training activities provided to labour inspectors (including any new labour inspectors who might have been recruited in view of the insufficient human resources as observed by the Government under Convention No. 81) to enable them to acquire the technical knowledge required for the performance of their duties in agriculture.

Article 15. Transportation facilities. The Committee notes that the Government has not provided a reply to its previous request relating to the above Article. The Committee therefore once again asks the Government to specify the number of vehicles at the disposal of the labour inspectorate for the conduct of inspection visits, and to provide more information on the monthly travel allowances paid to offset the costs incidental to the performance of their duties (amount, procedure for reimbursement, etc.). If applicable, please also provide a copy of the forms used to pay these allowances.

Articles 26 and 27. Reporting obligations on the activities of the labour inspection services. Referring to its observations under Convention No. 81 in this regard and recalling the importance of publishing a consolidated annual inspection report as part of a mechanism for the ongoing improvement of the functioning of the labour inspection system, the Committee asks the Government to forward 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) of the Convention.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

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.

Article 9. Adequate training of labour inspectors. The Committee notes the Government’s indications that new recruits for the position of labour officer are trained for the job by shadowing experienced labour officers during the exercise of their duties. It further notes that, according to the Government, in 2011, all labour officers (four) took part in a training course organised by the ILO Subregional Office in Port-of-Spain, which was the only formal training during the reporting period. The Committee notes that the Government has not provided any information on whether these training sessions also concerned subjects specifically relating to agriculture. The Committee emphasizes the importance of ensuring that labour inspectors working in the agricultural sector receive appropriate training, which takes into account the development of technology and working methods and the risks associated with the use of machines and tools and with the handling of products and chemical substances to which workers and their families are exposed. It therefore reiterates its request to indicate the subjects, attendance and frequency of training activities provided to labour inspectors (including any new labour inspectors who might have been recruited in view of the insufficient human resources as observed by the Government under Convention No. 81) to enable them to acquire the technical knowledge required for the performance of their duties in agriculture.

Article 15. Transportation facilities. The Committee notes that the Government has not provided a reply to its previous request relating to the above Article. The Committee therefore once again asks the Government to specify the number of vehicles at the disposal of the labour inspectorate for the conduct of inspection visits, and to provide more information on the monthly travel allowances paid to offset the costs incidental to the performance of their duties (amount, procedure for reimbursement, etc.). If applicable, please also provide a copy of the forms used to pay these allowances.

Articles 26 and 27. Reporting obligations on the activities of the labour inspection services. Referring to its observations under Convention No. 81 in this regard and recalling the importance of publishing a consolidated annual inspection report as part of a mechanism for the ongoing improvement of the functioning of the labour inspection system, the Committee asks the Government to forward 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) of the Convention.

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

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

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.

Article 9. Adequate training of labour inspectors. The Committee notes the Government’s indications that new recruits for the position of labour officer are trained for the job by shadowing experienced labour officers during the exercise of their duties. It further notes that, according to the Government, in 2011, all labour officers (four) took part in a training course organized by the ILO Subregional Office in Port-of-Spain, which was the only formal training during the reporting period. The Committee notes that the Government has not provided any information on whether these training sessions also concerned subjects specifically relating to agriculture. The Committee emphasizes the importance of ensuring that labour inspectors working in the agricultural sector receive appropriate training, which takes into account the development of technology and working methods and the risks associated with the use of machines and tools and with the handling of products and chemical substances to which workers and their families are exposed. It therefore reiterates its request to indicate the subjects, attendance and frequency of training activities provided to labour inspectors (including any new labour inspectors who might have been recruited in view of the insufficient human resources as observed by the Government under Convention No. 81) to enable them to acquire the technical knowledge required for the performance of their duties in agriculture.

Article 15. Transportation facilities. The Committee notes that the Government has not provided a reply to its previous request relating to the above Article. The Committee therefore once again asks the Government to specify the number of vehicles at the disposal of the labour inspectorate for the conduct of inspection visits, and to provide more information on the monthly travel allowances paid to offset the costs incidental to the performance of their duties (amount, procedure for reimbursement, etc.). If applicable, please also provide a copy of the forms used to pay these allowances.

Articles 26 and 27. Reporting obligations on the activities of the labour inspection services. Referring to its observations under Convention No. 81 in this regard and recalling the importance of publishing a consolidated annual inspection report as part of a mechanism for the ongoing improvement of the functioning of the labour inspection system, the Committee asks the Government to forward 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) of the Convention.

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

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.

Article 9. Adequate training of labour inspectors. The Committee notes the Government’s indications that new recruits for the position of labour officer are trained for the job by shadowing experienced labour officers during the exercise of their duties. It further notes that, according to the Government, in 2011, all labour officers (four) took part in a training course organised by the ILO Subregional Office in Port-of-Spain, which was the only formal training during the reporting period. The Committee notes that the Government has not provided any information on whether these training sessions also concerned subjects specifically relating to agriculture. The Committee emphasizes the importance of ensuring that labour inspectors working in the agricultural sector receive appropriate training, which takes into account the development of technology and working methods and the risks associated with the use of machines and tools and with the handling of products and chemical substances to which workers and their families are exposed. It therefore reiterates its request to indicate the subjects, attendance and frequency of training activities provided to labour inspectors (including any new labour inspectors who might have been recruited in view of the insufficient human resources as observed by the Government under Convention No. 81) to enable them to acquire the technical knowledge required for the performance of their duties in agriculture.

Article 15. Transportation facilities. The Committee notes that the Government has not provided a reply to its previous request relating to the above Article. The Committee therefore once again asks the Government to specify the number of vehicles at the disposal of the labour inspectorate for the conduct of inspection visits, and to provide more information on the monthly travel allowances paid to offset the costs incidental to the performance of their duties (amount, procedure for reimbursement, etc.). If applicable, please also provide a copy of the forms used to pay these allowances.

Articles 26 and 27. Reporting obligations on the activities of the labour inspection services. Referring to its observations under Convention No. 81 in this regard and recalling the importance of publishing a consolidated annual inspection report as part of a mechanism for the ongoing improvement of the functioning of the labour inspection system, the Committee asks the Government to forward 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) of the Convention.

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

The Committee notes the Government’s first report on the application of the Convention.

Legislation. The Committee would be grateful if the Government would provide a copy of the Accidents and Occupational Diseases (Notification) Act of the Laws of St. Vincent and the Grenadines Revised Edition 2009 – Vol. 7, and of the Wages Councils Act of the Laws of St. Vincent and the Grenadines Revised Edition 2009 – Vol. 7.

Articles 8 and 9(3) of the Convention. Conditions of service and training of labour inspectors. The Committee notes from the Government’s report that labour inspectors are public servants within the Department of Labour and that they are recruited through the Public Service Commission in accordance with the Civil Service Order. The Committee also notes that technical experts or other specialists in respect of labour inspection in agriculture are available and called upon whenever necessary. With reference to paragraph 204 of the 2006 General Survey on labour inspection, the Committee wishes to emphasize that it is vital that the status, level of remuneration and career prospects of inspectors be such that they reflect the complexity and socio-economic implications of their duties so that high-quality staff are attracted, retained and protected from any improper influence. The Committee requests the Government to specify the conditions of service of labour inspectors as regards in particular, stability of employment, wages and career prospects, in relation to other types of public officials performing similar duties (e.g. social security and tax inspectors).

Furthermore, noting from the Government’s report that training for labour inspectors is generally sourced from the ILO or the Organization of American States (OAS), the Committee requests the Government to provide detailed information on the subjects, attendance, frequency and impact of training activities provided to labour inspectors upon their entry into service and in the course of employment to enable them to acquire the technical knowledge required for the performance of their duties in agriculture.

Articles 14, 15 and 21. Number of labour inspectors, transport facilities and reimbursement of professional travel expenses. The Committee notes from the Government’s report that labour inspectors operate from a central office, equipped with adequate technological and telecommunications facilities including a labour market information system, which is used to record and generate reports on labour inspections. Labour inspectors are paid monthly travel allowances to offset costs incidental to the performance of their duties. The Committee requests the Government to provide detailed information on the number and distribution of labour inspectors by region, category of staff and level of qualification. The Committee would also be grateful if the Government would provide an evaluation of the needs of the labour inspectorate in human resources in light of the criteria provided in Article 14 of the Convention, and indicate the measures taken to ensure that workplaces are inspected as often and as thoroughly as necessary, in accordance with Article 21 of the Convention.

Furthermore, recalling the importance of transport facilities for the effective exercise of the functions of labour inspectors in agriculture, including appropriate vehicles to reach enterprises in remote areas, the Committee asks the Government to specify the number of vehicles at the disposal of labour inspectors in agriculture, and to provide a copy of the forms used to pay monthly travel allowances.

Article 17. Preventive control. The Committee notes that the Government is in the process of enacting legislation to give effect to the provisions of Article 17 of the Convention. The Committee requests the Government to provide copy of the relevant legal text as soon as it is adopted.

Article 19. Notification of industrial accidents and cases of occupational diseases. The Committee requests the Government to describe the system of recording and notification of industrial accidents and the cases of occupational disease, and to indicate the role of the labour inspectorate in this framework. In this respect, the Committee draws the Government’s attention to the ILO code of practice on the recording and notification of occupational accidents and diseases which offers guidance on the collection, recording and notification of reliable data and the effective use of such data for preventive action (available at www.ilo.org/safework/normative/codes/lang--en/docName--WCMS_107800/ index.htm).

Articles 22, 23 and 24. Prevention and enforcement of the Convention. The Committee notes that, according to the Government’s first report, the Wages Councils Act of the Laws of St. Vincent and the Grenadines Revised Edition 2009 – Vol. 7 gives effect to these Articles of the Convention. The Committee would be grateful if the Government would indicate the activities, in the areas of both prevention and enforcement, carried out by the labour inspectorate during the reporting period.

Articles 26 and 27. Reporting obligations on the activities of the labour inspection services. The Committee notes from the Government’s first report that annual reports are regularly produced and published within the country. However, copies have not been submitted to the ILO. The Committee reminds the Government of the obligation of the central authority to publish and send to the ILO, in accordance with Article 26 of the Convention, an annual general report containing the information required in each clause of Article 27(a)–(g). Recalling the importance of publishing a consolidated annual inspection report as part of a mechanism for the ongoing improvement of the functioning of the labour inspection system, the Committee asks the Government to communicate 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) of the Convention.