Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Czechia (Ratification: 2011)

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

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Additional functions entrusted to labour inspectors related to irregular foreign workers. The Committee notes that, according to sections 5(e)(2) and (3), 125 and 126 (4) of the Employment Act (Act No. 435/2004 Coll.), the State Labour Inspection Office (SLIO) carries out supervision activities on illegal work, including work performed by a foreigner without work or residence permit as required by law. It also notes that, as indicated in the 2021 Inspection Activity Report of the SLIO, inspections on illegal employment are among the main inspection priorities (with 182 inspectors out of 537 focused on illegal work), with 5,222 out of 14,443 inspections carried out in 2021, and 288 citizens of EU countries and 2,695 foreigners from other countries in an irregular status detected. In addition, among 1,443 complaints received by the labour inspection authorities, 551 related to illegal employment by foreign workers. The Committee notes that the SLIO cooperates with the Customs Administration, the Czech Police and the Foreign Police Service in this regard.

The Committee recalls that, pursuant to Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and 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. In this respect, the Committee recalls that in its 2017 General Survey on the occupational safety and health instruments concerning the promotional framework, construction, mines and agriculture, paragraph 452, it indicated that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. The Committee requests that the Government indicate the measures adopted in order to ensure that the duties entrusted to labour inspectors do not interfere with the fundamental objective of securing the protection of workers in accordance with the primary duties set out in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. It also requests that the Government provide further specific information on the number of cases in which sanctions were imposed on foreign workers in case of “illegal work” as defined by section 5(2) and (3) the Employment Act. In addition, the Committee requests that the Government provide detailed information on the manner in which the labour inspection services ensure the enforcement of employers’ obligations with regard to the rights of foreign workers, in particular those in an irregular situation or without an employment contract, including specific information as to the number of foreign workers who receive payment of remunerations, the amount of such remunerations, and the payment of any other benefits owed for the work they performed.

Articles 5(b), 6, 13, 17 and 18 of Convention No. 81 and Articles 8, 13, 18, 22 and 24 of Convention No. 129. Involvement of trade unions in occupational safety and health (OSH) inspections. Following its previous comment, the Committee notes the Government’s indication that, in addition to the supervision activities carried out by the SLIO, the inspection of statutory provisions on OSH is also carried out by union occupational safety inspectors working within individual trade unions. However, these inspectors do not have the right to impose sanctions on employers for non-compliance with OSH provisions. In case of deficiencies detected and failure to remove such deficiencies, trade union inspectors shall inform the competent labour inspection bodies. The Committee requests the Government to indicate the manner in which the central authority maintains supervision and control of the labour inspection system in its entirety and to specify the conditions and modalities under which the SLIO collaborates with the union occupational safety inspectors. The Committee also requests the Government to provide information on the number of inspections on OSH initiated respectively by the SLIO and by the trade unions, the number and nature of actions undertaken by the SLIO following the requests of union inspectors, and the relevant follow-ups, including specifically the number and nature of sanctions imposed based on deficiencies detected by union inspectors.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes the Government’s response to its previous comment, according to which, service conditions of labour inspectors are generally at the same level as for similar positions across the state administration, such as mining inspectors, inspectors of the Czech Trade Inspection, the State Agricultural and Food Inspection and the State Veterinary Administration, as well as officials of the Social Security Administration, Financial Directorates and Tax Offices. Their status, conditions of service and work performance are commonly regulated by Act No. 234/2014 Coll. On Civil Service. The stability of service of labour inspectors is ensured in particular by section 72 of the abovementioned Act, which provides for an explicit list of grounds for the termination of the employment relationships with a decision of the competent public authority. The Committee notes the Government’s information which addresses its previous request.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Sufficient number of labour inspectors and coverage of workplaces by labour inspection visits. Following its previous comment, the Committee notes that, according to the annual Inspection Activity Reports of the SLIO, the number of inspectors decreased by 29 per cent, from 671 in 2012 to 476 as of June 2022. While the number of economic entities and workers has remained stable in recent years, the number of inspection visits carried out decreased by 37 per cent, from 22,995 in 2018 to 14,443 in 2021. In light of these substantial decreases, the Committee requests the Government to provide information on the measures taken to ensure a sufficient number of labour inspectors in order for workplaces to be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Article 12(1)(a) and (2) of Convention No. 81 and Article 16(1)(a) and (3) of Convention No. 129. Inspection methods. Free access of labour inspectors to the workplace. Following its previous comment, the Committee notes the Government’s reference to section 7 of Act No. 255/2012 Coll. on Inspection, as amended in 2017, which provides that in connection with the performance of the inspection, the inspector is entitled to enter buildings, means of transport, land and other premises, with the exception of private dwellings owned or used by the inspected person, unless the dwelling is directly related to the performance and subject of the inspection, or accessing it is necessary for the performance of the inspection. The inspector is entitled to enter the dwelling only if the dwelling is used for business or other economic activities or if the inspection is to clear doubts as to whether the dwelling is used for these purposes and if it is not possible to achieve the fulfilment of the purpose of the inspection otherwise. The owners or users of these premises are obliged to allow the inspector to enter. The Government indicates that labour inspectors are empowered to enter workplaces subject to inspection freely without prior notice. The Committee notes the information provided by the Government which addresses its previous request.

Issues specifically concerning labour inspection in agriculture

Article 5 of Convention No. 129. Coverage of the labour inspection system in agriculture. Following its previous comment, the Committee notes that the Government refers once again to section 12 of the OSH Act No. 309/2006, which provides that relevant OSH provisions also apply to self-employed persons. However, the Committee once again notes that the Government does not provide a reply in relation to the previous observations made by the Czech-Moravian Confederation of Trade Unions (CM KOS) concerning the lack of sickness insurance coverage of self-employed workers in agriculture, leading to the under-reporting of occupational diseases by this category of workers. The Committee requests the Government to provide information on the number of occupational diseases reported by self-employed persons in the agricultural sector, and on any measures taken or contemplated to address possible underreporting of occupational diseases.

Articles 12 and 13 of Convention No. 129. Cooperation between the inspection services and other government services and collaboration of the labour inspection services (in agriculture) with employers and workers and their organizations in agriculture. Following its previous comment, the Committee notes the Government’s indication that essential matters related to OSH across individual sectors are discussed in the tripartite advisory body of the Council of the Government for OSH, which was established in 2003 and hold meetings at least four times per year according to approved work plan. The Committee once again requests the Government to provide specific information, not limited to OSH matters, on the cooperation mechanisms of the labour inspection services and other government services and institutions, as well as on the measures taken to promote collaboration between the labour inspectorate services and employers and workers or their organizations in agriculture.

Articles 22 and 24 of Convention No. 129. Enforcement. Following its previous comment, the Committee notes the statistical information provided by the Government, which indicates a slight decrease in the number of workers in agriculture, from 149,100 in 2017 to 132,900 to 2021. It also notes that the number of penalties decreased from 31 in 2017 to 17 in 2021 and a decreasing trend in the amount of fines imposed, from CZK1,003,000 in 2017 to CZK425,000 in 2021. The Committee requests the Government to provide information on the reasons for the decrease in the number of penalties and the number of fines imposed. It also requests the Government to continue to provide statistical information on the number of workers, inspections carried out, violations detected, and penalties imposed in agriculture.

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

In order to provide a comprehensive view of the issues relating to the application of the two 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 made by the Czech–Moravian Confederation of Trade Unions (CM KOS) included in the Government’s report.

Article 5(a) of Convention No. 81 and Article 12 of Convention No. 129. Cooperation between the inspection services and other government services (in agriculture). The Committee notes the information provided by the Government in reply to its previous request concerning cooperation mechanisms in place between the inspection services and other government services, as well as other institutions engaged in similar activities. It notes that the Government has not provided the specific information requested on such cooperation in agriculture. The Committee once again requests that the Government provide specific information on the cooperation mechanisms of the labour inspection services in agriculture and other government services and institutions engaged in similar activities.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration of the labour inspection services (in agriculture) with employers and workers and their organizations. The Committee welcomes the information provided by the Government in reply to its previous request concerning information on collaboration between the State Labour Inspection Office (SLIO) and employers’ and workers’ organizations, which includes collaboration within the working group for occupational safety and health (OSH) of the tripartite national Council of Economic and Social Agreement. It also notes the information on the consultancy and information services provided by the SLIO for employers and workers. The Committee once again requests that the Government provide the specific information concerning the measures taken to promote collaboration between the labour inspectorate services in agriculture and employers and workers or their organizations.

Articles 5(b), 6, 13, 17 and 18 of Convention No. 81 and Articles 8, 13, 18, 22 and 24 of Convention No. 129. Involvement of trade unions in OSH inspections. In its previous comment, the Committee noted that the OSH inspectors of the member federations of the CM KOS had conducted 2,532 inspections. The Committee notes that the Government indicates, in reply to the Committee’s request in this regard, that the legal basis for the inspection activity of trade unions is laid down in section 322 of the Labour Code, which entrusts trade unions with the power to inspect OSH issues, for example, as to the existence and use of personal protective equipment and the investigation of occupational accidents by employers. The Committee also notes from previous information provided by the Government in its report under the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), that while the competent trade union organizations are entitled to inspect compliance of employers with the Labour Code and statutory provisions on OSH, and issue compliance orders to rectify violations detected, they shall inform the labour inspectorate of the measures taken. According to this information, the employer may request that the labour inspectorate reviews the measures ordered by the trade union organization, which shall remain in force until the labour inspectorate rules on the matter. The Committee recalls that, in accordance with Article 8(2) of Convention No. 129, so far as is compatible with national laws or regulations or with national practice, members may include in their system of labour inspection in agriculture officials or representatives of occupational organizations, whose activities supplement those of the public inspection staff; where those persons are assured of stability of tenure and be independent of improper external influences. Recalling that enforcement functions should be primarily assumed by labour inspectors that are properly trained and have the status and conditions of service guaranteeing their independence and impartiality, the Committee requests that the Government provide information on the status and conditions of trade unions inspectors, whether they have the power to issue sanctions for non-compliance, as well as the manner in which their inspection visits are fed into the schedule of inspection of the SLIO.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. In its previous comment, the Committee noted that the Civil Service Act, which determines the conditions of service of the inspection staff, had been amended, but not yet come into full effect. The Committee notes the Government’s indication that this Act has now been implemented since July 2015. The Committee also notes the Government’s indication that the conditions of service of labour inspectors specializing in agriculture are the same as those of other labour inspectors. However, the Committee notes that the Government has not provided the requested information concerning the conditions of service of labour inspectors (including those specializing in agriculture) in relation to other inspectors. The Committee therefore once again requests that the Government specify the conditions of service of labour inspectors (wages, etc.) in relation to other types of public officials performing similar duties (for example, social security and tax inspectors).

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Recruitment and training of labour inspectors. The Committee notes the information provided by the Government in reply to its previous request on the recruitment procedure and the training of labour inspectors, including those specializing in agriculture. The Committee notes that the CM KOS reiterates its previous observations that there is a low number of graduated lawyers resulting in the limited ability and capacity of labour inspectors to perform inspections in the area of working conditions, although this situation is gradually improving through recent recruitments. The Government indicates, for its part, that according to the new Civil Service Act being applied from July 2015, a master’s degree is required to enter the civil service, but that a legal education is not necessarily required for the effective performance of inspection duties in the area of working conditions. The Government explains that the system for the selection, training and assessment of labour inspectors is suited to provide labour inspectors with the required level of knowledge. The Committee takes note of this information.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration with qualified technical experts and specialists. The Committee takes note of the Government’s indication in relation to its previous question concerning the association of technical experts and specialists in inspection activities, including inspectors for metallurgy, mechanical engineering and manufacturing industries, transport and machinery maintenance at the central and regional levels of the labour inspectorate.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Sufficient number of labour inspectors and coverage of workplaces by labour inspection visits. In its previous comment, the Committee noted the observations made by the CM KOS, according to which the number of labour inspectors (that is, 671 at the end of 2012) and labour inspections were insufficient, especially concerning labour inspectors responsible for controlling compliance with working conditions. While the CM KOS reiterates its previous observations, the trade union also indicates that there are gradual improvements in the number of labour inspections.

In this context, the Committee also notes that the Government indicates that labour inspection activities are undertaken on the basis of annual labour inspection plans, which take into account, among other things, the rate of occupational accidents, findings from previous inspection activities and comments of the social partners. The Committee is of the view that the use of the planning of labour inspection visits based on the abovementioned indicators can be an appropriate method to achieve improved coverage of workplaces by labour inspection. Noting this information, the Committee requests that the Government continue its efforts to improve the coverage of workplaces and workers by labour inspection visits, in accordance with Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No 129, including in the context of determining annual labour inspection priorities. The Committee also requests that the Government provide information on the human resources strategy pursued to achieve a satisfactory coverage of workplaces by labour inspections.

Article 12(1)(a) and (2) of Convention No. 81 and Article 16(1)(a) and (3) of Convention No. 129. Inspection methods. Free access of labour inspectors to the workplace. The Committee previously noted, with regard to the legal provisions in the Labour Inspection Act and the Public Health Protection Act on the entry of labour inspectors to workplaces, that the abovementioned Articles of the Conventions require that labour inspectors may freely enter workplaces liable to inspection “without previous notice”, “at any hour of the day or night”, and that they shall “notify their presence, unless this may be prejudicial to the performance of their duties”. The Committee notes that the abovementioned modalities for the free entry of labour inspectors to workplaces are not reflected in section 7 of the Inspection Rules Act (No. 255/2012) referred to by the Government, which states that “… the inspector is authorized to access buildings, means of transport, land and other premises … if required for performance of the inspection”. The Committee once again requests that the Government indicate how it is ensured, both in law and practice, that labour inspectors can enter without previous notice at any hour of the day or night all workplaces liable to inspection and carry out inspections in accordance with the abovementioned Articles of Conventions Nos 81 and 129.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational accidents and diseases to the labour inspectorate. The Committee notes that the Government has provided the requested information on the procedure for the notification to the labour inspectorate of cases of occupational accidents and diseases.

Article 15 of Convention No. 81 and Article 20 of Convention No. 129. Professional secrecy. The Committee notes that the Government has provided the requested information on the legal provisions providing for safeguards concerning the professional secrecy of labour inspectors.

Articles 17 and 18 of Convention No. 81 and Articles 22 and 24 of Convention No. 129. Enforcement. The Committee notes that the Government has provided the requested information on the number of violations detected and the penalties imposed, but it also notes from the annual labour inspection report that this number only concerns OSH in industry and commerce and that no relevant information was provided in relation to agriculture. The Committee requests that the Government provide information on the violations detected relating to OSH and other working conditions. Please provide such information in relation to all sectors covered by Conventions Nos 81 and 129, including agriculture.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. The Committee notes with interest the detailed information in the annual labour inspection report for 2013 in English containing information on all the subjects listed in Articles 21(a)–(g) and 27(a)–(g). It also notes the web link provided by the Government in its report to the annual labour inspection report for 2014. It welcomes the information provided by the Government that a new electronic information system used by the SLIO will provide for improvements in the recording of labour inspection activities.

Issues specifically concerning labour inspection in agriculture

Article 5 of Convention No. 129. Coverage of the labour inspection system in agriculture. In its previous comment, the Committee noted the observations made by the CM KOS according to which labour inspection in agriculture faces major difficulties as most persons working in the sector are self-employed and, as such, excluded from the scope of application of the Labour Code and from the application in practice of the OSH Act No. 309/2006. The Committee further noted that, according to the CM KOS, self-employed persons are not covered by the sickness insurance system and, in the event of an occupational accident, they risk to receive a fine for not complying with the OSH requirements (such as by failing to use the personal protective equipment). Therefore, these categories of workers do not voluntarily report occupational accidents with the result that the SLIO does not produce reliable statistics on occupational accidents in agriculture.

The Committee notes that the Government, on the other hand, emphasizes, with reference to section 12 of OSH Act No. 309/2006 and several sections of the Labour Code that OSH provisions are also applicable to self-employed persons. The Committee notes, however, that the Government has not provided a reply in relation to the observations made by the CM KOS concerning the lack of protection of self employed workers leading to the under-reporting of occupational diseases by this category of workers. The Committee requests that the Government provide its comments in relation to the observations made by the CM KOS in this respect.

Article 17 of Convention No. 129. Preventive function of labour inspectors. The Committee takes note of the information provided by the Government in relation to its previous request concerning the involvement of the labour inspection services in agriculture in the preventive control of new plant, materials or substances and new methods of handling products which appear to constitute a threat to health or safety. In this respect, the Committee notes that the National Institute of Public Health at the Ministry of Health is entrusted with the examination and authorization of new products prior to launching them on the market.

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

The Committee notes the Government’s first report under the Convention.

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

Article 5 of the Convention. Coverage of the labour inspection system in agriculture. The Committee notes that, according to the observations of the Czech–Moravian Confederation of Trade Unions (ČMKOS), included in the Government’s report, labour inspection in agriculture faces major difficulties as most persons working in this sector are self-employed and, as such, excluded from the scope of application of the Labour Code. The ČMKOS also indicates that Act No. 309/2006 on occupational safety and health in labour relations is not applied to this category of workers, nor are they covered by sickness insurance system and therefore do not voluntarily report occupational accidents. In addition, a notification of their injury to the State Labour Inspection Office (SLIO) will not bring them any effect. On the contrary, a fine could be imposed on them by the labour inspectorate, for example for not using the personal protective equipment. The Government indicates that this is the reason why the SLIO does not have full information on the occupational accident rates in this respect.

The Committee reminds the Government that, in accordance with Article 5(1) of the Convention, any Member may undertake also to cover by labour inspection in agriculture one or more of the categories of persons working in agricultural undertakings enumerated in Article 5(1)(a)–(c). The Committee requests the Government to indicate to what extent effect has been given or is proposed to be given to the provisions of the Convention in respect of the categories of persons referred to in paragraph 1(a)–(c) of this Article of the Convention.

Article 9(3). Training of labour inspectors. Recalling the importance of specific training for the performance of labour inspection duties in agriculture and related issues, such as the prevention of particular chemical hazards, the Committee requests the Government to provide information (for example, subjects, attendance, frequency and impact, etc.) on training on agriculture and related issues provided to labour inspectors upon their entry into service and in the course of employment.

Articles 12 and 13. Cooperation between the labour inspection services and other government services and public institutions, as well as collaboration with employers and workers or their organizations. Referring to its comments under Convention No. 81, the Committee would be grateful if the Government would provide information on any cooperation between the labour inspection services and other government services or public institutions. It also requests the Government to provide information on the measures taken to promote collaboration between officials of the labour inspectorate in agriculture and employers and workers or their organizations. The Committee draws the Government’s attention to the guidance provided in Paragraphs 10 and 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133).

Article 17. Preventive function of labour inspectors. The Committee would be grateful if the Government would indicate any measures taken to ensure that labour inspection services in agriculture are associated in the preventive control of new plant, materials or substances and new methods of handling products which appear to constitute a threat to health or safety, in accordance with Article 17.

Articles 26 and 27. Annual report on the work of the inspection services. The Committee notes that the Government provides statistical information on the number of persons employed in agriculture disaggregated by regions and gender, and on the number of inspected employers, violations detected and penalties imposed. It however notes that no annual report on the work of labour inspection services has been transmitted to the Office. Referring to its comments under Convention No. 81, the Committee would be grateful if the Government would publish and transmit to the ILO, in accordance with Article 26 of the Convention, a copy of the 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).