Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 129) sur l'inspection du travail (agriculture), 1969 - Belgique (Ratification: 1997)

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

Article 6(1)(a) and (3) of the Convention. Enforcement of the legal provisions relating to conditions of work and control of illegal employment. The Committee notes from the statistics that there has been a reduction in the number of labour inspection staff, decreasing from 299 in 2010 (32 inspectors and 267 labour controllers) to 272 in 2012 (31 inspectors and 241 labour controllers). It also notes that the number of inspection visits carried out in agriculture and horticulture decreased from 1,629 in 2008–10 to 1,330 in 2010–12. The Committee notes that most inspection visits carried out are in the context of action against undeclared work, with 1,223 out of a total of 1,629 visits in 2008–10 and 930 out of a total of 1,330 visits in 2010–12. The Committee requests the Government to indicate the measures taken or contemplated to ensure that there are sufficient labour inspectors to undertake inspections with the necessary frequency to ensure the effective discharge of their duties. With reference to its previous comments, the Committee again requests the Government to provide information on the impact of enforcement activities targeting violations in the area of undeclared work on the inspection workload and the scope and effectiveness of the enforcement of legal provisions relating to conditions of work and the protection of workers, including undocumented workers. In particular, the Committee would be grateful if the Government would indicate the manner in which the labour inspectorate ensures the discharge of employers’ obligations (such as the payment of wages and other benefits owed) with regard to undocumented workers in an employment relationship, in cases where such workers are subject to being taken back to the frontier or to expulsion pursuant to the immigration laws.

Articles 26 and 27. Publication of information on labour inspection in agriculture. While noting the information provided by the Government in its report on labour inspection activities and their results, the Committee again requests the Government to take the necessary steps to ensure the publication – as a separate report or as a separate section of the general report of the labour inspectorate – of an annual report on the work of the inspection services in agriculture, containing the information required by Article 27(a)–(g).