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

Belgium

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1957)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1997)

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 Convention No. 81 (labour inspection) and Convention No. 129 (labour inspection in agriculture) in a single comment.

The Committee notes the observations of the Confederation of Christian Trade Unions (CSC), the General Confederation of Liberal Trade Unions of Belgium (CGSLB) and the General Labour Federation of Belgium (FGTB), received on 1 September 2022.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (2) of Convention No. 129. Measures taken with regard to workers in an irregular situation. The Committee notes the Government’s indication, in reply to its previous comment concerning the rights accorded to workers in an irregular situation, that in 2017 a factsheet on the payment of wages for illegally employed workers was drawn up, aimed at facilitating the work of labour inspectors at the Directorate for Labour Legislation Enforcement (DG-CLS). The Government also indicates that in September 2021, in the context of the “Action Plan on Seasonal Workers” produced by the European Labour Authority (ELA), a number of enterprises employing seasonal workers were the subject of controls by various inspection services, including the DG-CLS labour inspectorate. In the context of these controls in the “green sectors” (agriculture, horticulture and agri-food), the Government indicates that a number of violations were recorded concerning seasonal workers from third countries, particularly non-payment of the minimum wage and non-observance of conditions of work and anti-COVID-19 measures. The Committee also notes that the CSC, CGSLB and FGTB indicate in their observations that, further to a case of trafficking in persons for economic exploitation which occurred at an enterprise at the port of Antwerp in July 2022, a parliamentary sitting was devoted to this matter in August 2022. According to the trade unions, the Government pledged at this sitting to further strengthen the inspection services. The unions also note the need to give particular attention to abuses connected with the posting of workers who are nationals of third countries, particularly concerning the payment of wages, the right to receive information, the actual existence of a prior employment relationship and the payment of social security contributions in the country of origin. The Committee notes that the Government’s report indicates the number of violations recorded in the employment of foreign workers and the number of related infringement reports issued by labour inspectors. The Committee requests the Government to provide information on action taken by labour inspectors in cases where, in the performance of their duties, they detect violations of the legal provisions relating to conditions of work and protection of the wages of migrant workers, including those in an irregular situation. The Committee also requests the Government to clarify how inspectors ensure that these workers are actually accorded their statutory rights. In this regard, the Committee also requests the Government to collect and send information on the outcome of judicial proceedings resulting from the investigations opened further to the action of the labour inspectors.

Articles 3(1)(a), 10, 13 and 16 of Convention No. 81 and Articles 6(1)(a), 14, 18 and 21 of Convention No. 129. Labour inspection staff. Adequate frequency and thoroughness of inspection visits. The Committee notes the Government’s indications that, as from 1 April 2022, the structure of the DG-CLS labour inspectorate has been modified and the former districts regrouped into eight regional directorates (four in the Region of Flanders, three in the Region of Wallonia, including for the German-speaking Community, and one in the Region of Brussels-Capital), with a head office in each provincial capital. The Committee notes that, according to the information provided by the Government, the number of inspectors of the Directorate-General for the Monitoring of Occupational Welfare (DG-CBE) increased between 2018 and 2021, from 122 to 135, but it also notes that this number represents a decrease in relation to the 176 inspectors registered in 2014. The Committee also notes that the Government’s report does not contain any information on the number of inspectors at the DG-CLS. According to the observations of the CSC, CGSLB and FGTB, the social partners are calling for a progressive increase in inspection capacities. In this regard, the unions refer to the recent decisions taken in the context of the 2022 budget for capacity-building for the labour inspection services, and also to the government agreement of 30 September 2020, which provides that the number of labour inspectors will be progressively brought into line with the standards recommended by the ILO. The Committee further notes that in their observations the unions emphasize the importance of strengthening collaboration between the federal and regional inspection services. The Committee requests the Government to provide information on the number of labour inspectors at the DG-CLS and the DG-CBE and to indicate their territorial distribution under the new structure. It also requests the Government to provide information on any plan to reinforce the labour inspectorate and to recruit new staff, so that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in accordance with Article 16 of Convention No. 81 and Article 21 of Convention No. 129. The Committee also requests the Government to provide information on the collaboration measures established between the central and regional directorates of the labour inspectorate.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Preparation, publication and transmission of the annual report. The Committee notes that the Government, in its report and the annexes thereto, supplies information on the application of the Conventions, particularly on: the number of staff at the DG-CBE; the number of inspections conducted by the DG-CBE and the DG-CLS; the number and type of violations recorded, including distribution by economic sector, and the remedial action taken against these violations; and statistics on occupational accidents and diseases in commerce and agriculture. The Committee notes that the last report on the activities of the DG-CLS published on the website of the Federal Public Service (SPF) for Employment, Labour and Social Cooperation dates from 2018. The Committee urges the Government to take steps to ensure that the annual inspection reports are drafted and published in such a way that they give an overview of the functioning of the labour inspection system and that they contain information on each of the subjects specified in Article 21 (a)–(g) of Convention No. 81 and Article 27 of Convention No. 129.