Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

France

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1950)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1972)

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.

The Committee notes the observations of the General Confederation of Labour (CGT) and the General Confederation of Labour – Force Ouvrière (CGT-FO) on the application of Convention No. 81, and the Government’s response, received in 2016.

Territorial reform of the State. Impact on the organization of the labour inspection system. The Committee notes the Prime Minister’s circular dated 12 June 2019 on the implementation of the territorial reform of the State, which envisages the creation of a public labour market inclusion service which, at the regional level, will involve merging the Regional Directorates for Enterprise, Competition, Consumption, Labour and Employment (DIRECCTE) and the Regional Directorates for Youth, Sport and Social Cohesion (DRJSCS) into a single body. According to the circular, at the departmental level, it is also envisaged that the competences of the DRJSCSs and departmental units of the DIRECCTE, which currently include the departmental-level labour inspection services, will be merged into a new body. The Committee notes that, according to the circular, it is planned that the labour inspection service will maintain its current hierarchical organization within these new bodies. The Committee also notes that the reform envisages the pooling, at the departmental level, of office space and budgetary resources and support functions, in order to increase efficiency. The Committee recalls that, in accordance with Article 4 of Convention No. 81 and Article 7 of Convention No. 129, labour inspection shall be placed under the supervision and control of a central authority, so far as is compatible with the administrative practice of the Member. In this regard, the Committee emphasized in its 2006 General Survey, Labour Inspection, paragraph 140, that “Attaching the labour inspectorate to a central authority facilitates the establishment and application of a single policy throughout the territory covered, and makes it possible to use available resources in a rational way by, for example, eliminating duplication of effort.” The Committee requests the Government to take the necessary measures to ensure that all organizational reforms of the labour inspection system are conducted in accordance with the provisions of Conventions Nos 81 and 129. It requests the Government to provide detailed information on the measures taken to ensure that the reform is conducted in accordance with Articles 3 (duties of labour inspectors), 4 (central authority), 5 (cooperation and coordination ), 6 (status and conditions of service of public officials), 7 (recruitment and training), 10 (number of labour inspectors and material means), 11 (offices and transport), 15 (obligations of labour inspectors), 16 (number and quality of inspections) and 19 (periodical reports to the central inspection authority) of Convention No. 81, as well as the corresponding Articles of Convention No. 129 (Articles 6, 7, 8, 9, 12, 13, 14, 15, 20, 21 and 25).

Reform in French Guiana. Impact on the labour inspection system. The Committee notes that Decree No. 2019-894 of 28 August 2019 on the organization and functions of State services in Guiana, provides for the reorganization of the administration of the State in French Guiana into five general directorates, and provides for labour inspection to be placed under the authority of the General Directorate of Communities. It also notes that, in accordance with section 3 of the Decree, while the future Director-General of Communities shall be appointed further to an opinion of the prefect, for the discharge of their functions relating to labour inspection, they shall not be under the authority of the prefect of French Guiana, but under the General Labour Directorate (DGT). The Decree also envisages that, under the authority of the prefect and subject to the powers attributed to other public services or institutions of the State, the General Directorate of Administration shall be responsible for managing the pooled functions and resources of the State services placed under the authority of the prefect in various fields. The Committee requests the Government to provide detailed information on the impact of the proposed organizational changes on the application in practice of Conventions Nos 81 and 129, in particular on the application of Articles 3 (functions of inspectors), 4 (central authority), 5 (cooperation and coordination), 6 (status and conditions of service as public officials), 7 (recruitment and training), 10 (number of inspection staff and material resources), 11 (offices and transport), 15 (obligations of inspectors), 16 (number and quality of inspections) and 19 (periodic reports to the central authority) of Convention No. 81, as well as the corresponding Articles of Convention No. 129 (Articles 6, 7, 8, 9, 12, 13, 14, 15, 20, 21 and 25). The Committee also requests the Government to indicate the possible impact of the management, by the General Directorate of Administration, of the pooled functions and resources of the State services placed under the authority of the prefect in various fields, on the personnel of the labour inspection system, which is placed under the authority of the DGT.

Articles 3(1) and (2), 5(a) and 17 of Convention No. 81 and Articles 6(1) and (3), 12, 22 and 23 of Convention No. 129. Further duties entrusted to labour inspectors. Control of workers in an irregular situation (in agriculture). Further to its previous comments on the role of labour inspectors in procedures to tackle illegal work, the Committee notes the Government’s indication in its report that the labour inspection system does not have statistic on cases in which migrant workers having worked in an irregular situation have had their rights restored. However, it notes the Government’s indication that the labour inspection services report cases in which their action has led to an employer regularizing the situation of such migrant workers. The Government adds that the labour inspection service’s association with the police force offers, in some cases, labour inspectors with greater security in carrying out inspections, and does not prevent the full discharge of their duties of informing and advising workers. In this respect, the Committee notes that, according to the Government, when inspecting workplaces, inspectors distribute leaflets to migrant workers who do not have permits or who are undeclared, and that migrant workers who have worked in an irregular situation have equal access to the labour inspection service, irrespective of their status under the legislation on the residence of migrants, to obtain information and advice, in particular on the possibilities of asserting their rights. The Committee also notes that, according to the labour inspection’s 2017 annual report, the labour inspection services share information and coordinate their action with the competent institutional bodies, including the police, gendarmerie, customs, the control and search brigades attached to the public finance directorates, the national anti-fraud delegation, the Unions for the Recovery of Social Security Contributions and Family Allowances, the Agricultural Social Mutual and the judicial authorities. The Committee requests the Government to provide more information on the nature of the coordinated action and the type of information shared between the labour inspection service, the police, customs and other institutional bodies responsible for combating illegal work, indicating how this sharing and coordinated action contributes to the fulfilment of the main duties of labour inspectors, as envisaged by Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129.

Articles 6 and 18 of Convention No. 81 and Articles 8 and 24 of Convention No. 129. Observations of the CGT and the CGT-FO. Alleged infringements of the principle of the independence of labour inspectors. The Committee notes the observations of the CGT and CGT-FO concerning a series of specific events during which, the trade unions allege that the principle of the independence of labour inspectors, under Article 6 of Convention No. 81, was prejudiced, as a company that had been inspected put undue pressure on the inspection personnel involved, and the competent authorities did not respond in a timely or appropriate fashion. In particular, the CGT and CGT-FO allege in their observations that the relevant authorities failed to condemn the undue pressure exerted by the company. The Committee notes the information provided in the Government’s response on the protection measures taken by the Ministry of Labour and the DGT for the inspection staff involved in that case. It also notes that section L. 8112-1 of Labour Code was amended by Act No. 2016-1088 of 8 August 2016, and explicitly provides that labour inspection officers “benefit from a guarantee of independence in the discharge of their duties within the meaning of the international Conventions on labour inspection”. Finally, the Committee notes the Government’s indication that efforts are still being made to find a solution to enable the best possible outcome to the situation. The Committee requests the Government to continue to take all the necessary measures, in consultation with the social partners, to ensure that no undue external influence, in the form of pressure against labour inspectors, is tolerated. It requests the Government to continue providing information in this regard, and to continue providing information on the effective application of penalties for obstructing labour inspectors in the discharge of their duties.

Articles 6 and 15 of Convention No. 81 and Articles 8 and 20 of Convention No. 129. Code of Professional Ethics 2017. The Committee notes with interest the adoption in 2017, of Decree No. 2017-541 of 12 April 2017 issuing the code of ethics of the public labour inspection service. It notes that, according to its preface, the 2017 Code of Ethics is based on Conventions Nos 81 and 129 and provides a reminder of the ethical principles and rules applicable to all public officials as well as the principles and rules that are specific to labour inspectors in view of the nature of their functions and powers. The Government states that the Code of Ethics guides the action of the public labour inspection service, provides for the respective rights and duties of the directors and inspectors placed under its authority and recalls, in particular, the obligations imposed on inspectors in relation to users, including neutrality and impartiality, as well as safeguarding the secrecy and confidentiality of complaints in the discharge of their duties.

Articles 7 and 10 of Convention No. 81 and Articles 9 and 14 of Convention No. 129. “Strong Ministry” reform. Training and promotion of labour inspectors. Number of labour inspectors. The Committee notes the information provided by the Government on the impact of the implementation of the “Strong Ministry” reform on labour inspection. The Committee notes, in particular, the information provided on the number of personnel in the labour inspection system, training, the promotion of 980 labour controllers (assistants to inspectors) to the rank of labour inspector since 2013, increased means of intervention of the labour inspectors, and new material resources made available to inspectors, including computer tools.

Articles 12 and 16 of Convention No. 81 and Articles 16 and 21 of Convention No. 129. Act for a State that serves a trust-based society. Application in practice. The Committee notes the adoption of Act No. 2018-727 of 10 August 2018 for a State that serves a trust-based society which, under the terms of section 32, imposes, for a four-year experimental period, a cumulative limit on the duration of all controls carried out by the authorities on a company with fewer than 250 employees and whose annual turnover does not exceed €50 million. Section 32 also provides that this limit is not enforceable if there are precise and consistent indications of non-compliance with a legal or regulatory obligation, and does not apply to certain controls, including those ensuring compliance with the rules on the safety of persons. The Committee notes that this limit could potentially hamper the practical application of Articles 12 and 16 of Convention No. 81 (and Articles 16 and 21 of Convention No. 129), since labour inspectors would no longer be free to enter workplaces for inspection once the limit had been reached, in view of their duty of confidentiality under Article 15(c) of Convention No. 81 (and Article 20(c) of Convention No. 129), which would prevent them from disclosing that an inspection was being made following a complaint. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, in practice, these provisions do not impede the power of labour inspectors to enter workplaces, in accordance with Article 12 of Convention No. 81 and Article 16 of Convention No. 129, and to inspect them 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.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Safety of labour inspectors. Obstructing labour inspectors in the discharge of their duties. Further to its previous comments, the Committee notes the statistics provided by the Government indicating the number of labour inspection incidents in 2016, the measures taken by labour inspectors in response, and the preventive measures taken to raise the awareness of inspectors. The Government states that 48 inspection incidents were reported in 2016 and that, of the 45 incidents investigated, 21 led to charges or the intention of bringing charges for contempt, 13 to charges or the intention of bringing charges for obstruction, three to reports to the public prosecutor, within the meaning of section 40 of the Code of Criminal Procedure (discovering of a crime or offence in the discharge of the duties of a public officer or civil servant), seven to complaints lodged by the supervising officer, and three to the employer being held in police custody three days after the incident. The Committee welcomes the Government’s indication that the proportion of “contempt” incidents remains relatively stable compared with the number of interventions by labour inspectors. However, it notes that, according to the 2017 annual report of the labour inspection service, the number of inspection incidents increased in 2017 to 65. The Government also considers that there are still difficulties in terms of statistics on judicial sanctions, as judicial procedures for offences often last over three years, and the number of unknown outcomes remains high, even for cases referred to the prosecutor six or seven years previously. The Committee requests the Government to continue providing statistics on inspection incidents that have resulted in sanctions and on criminal and civil charges brought for reported cases of contempt, threats, assaults and violence.

Article 19 of Convention No. 81 and Article 25 of Convention No. 129. Information system on the activities of labour inspection services. The Committee welcomes the Government’s indication concerning the implementation of the “Wiki’T” application, the tool used by the monitoring units to register and gather information on the labour inspection service activities. However, it notes that, according to the Government, the central authority experiences difficulties in obtaining reliable and exhaustive data on the activities of the labour inspectors due to incomplete entries in the “Wiki’T” information system and the “Delphes” pre formatted query tool. The Committee requests the Government to provide more information on the use of these tools, as well as the measures taken or envisaged to remedy the difficulties identified, in order to maintain compliance with the requirements to report periodically to the central authority, as provided for by Article 19 of Convention No. 81 and Article 25 of Convention No. 129.

Matters specifically relating to labour inspection in agriculture

Articles 6(1)(b), 18 and 19 of Convention No. 129. Preventive function of the inspection services in agriculture and notification of occupational accidents and cases of occupational disease in French Guiana and Guadeloupe. In response to its previous comments concerning an under-reporting of accidents and cases of occupational disease in French Guiana and Guadeloupe, the Committee notes the Government’s indication that the Directorates for Enterprise, Competition, Consumer Matters, Labour and Employment (DIECCTES) of these two departments have been able to remedy this situation. The Committee also notes with interest the Government’s indication of action by DIECCTE in French Guiana, in partnership with the social security services, the regional health agency, the Red Cross and other partners, to raise the awareness of all farmers and tenant farmers on the subject of health and the prevention of occupational accidents. The Committee also notes the action taken by the DIECCTE of Guadeloupe in cooperation with the DIECCTE of Martinique on a programme to monitor occupational diseases. The Government also indicates that more regular controls have resumed in Guadeloupe, now that a position in the agricultural inspection department has been filled, and that employers have once again been made aware of their obligation to declare occupational accidents and diseases. The Committee requests the Government to provide further information on the awareness-raising activities targeting employers conducted in Guadeloupe.

Article 27 (b), (f) and (g) of Convention No. 129. Annual report of the labour inspection service. The Committee notes that, according to the Government, labour inspection personnel for agricultural occupations are not counted separately, as the functions of a number of labour inspection departments covering agricultural occupations have been extended to non-agricultural activities. The Committee also observes that the 2017 annual report of the labour inspection service does not contain specific information on the agricultural sector with respect to the subjects listed under Article 27(b), (f) and (g) of Convention No. 129, concerning labour inspection personnel in agriculture and statistics on occupational accidents and their causes, statistics on occupational diseases and their causes. The Committee requests the Government to take the necessary measures to ensure that the annual reports of the labour inspection service contain information on the subjects listed in Article 27(b), (f) and (g) of Convention No. 129.