Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Lettonie

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1994)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1994)
Convention (n° 150) sur l'administration du travail, 1978 (Ratification: 1993)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

A. Labour inspection

1. Labour Inspection Convention, 1947 (No. 81)

2. Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Primary functions of labour inspectors. 1. Labour inspection activities in the area of undeclared work. In its previous comments, the Committee requested the Government to continue to provide information on the work of the labour inspectorate in relation to the establishment of formal employment contracts and the registration of workers in the social security scheme. The Committee notes the information provided by the Government in its report according to which during the period from 2017 to 2020, the State Labour Inspectorate (SLI) imposed a total of 2,546 administrative penalties on employers for establishing employment without a written employment contract and/or a declaration to the State Revenue Service. It also notes that under section 25 of the Law on Administrative Liability of 2018, the imposition of administrative penalties does not exempt the employer from compliance with the obligation to enter into a written employment contract, in accordance with sections 28(1) and 41(1) of the Labour Law of 2001.

The Committee also notes the Government's indications on the conduct of surveys for the identification of unregistered employment, as well as on the activities undertaken to improve the effectiveness of the surveys. The Committee notes that from 2017 through the first quarter of 2021, the SLI conducted 2,606 surveys in mining, manufacturing and commercial enterprises during which 1,094 unregistered employees were identified. It also notes that during the same period, the SLI re-inspected enterprises where no unregistered employees were identified, but where there were indications that unregistered employment may be present. In this regard, the Committee notes that 1,426 surveys were repeated in enterprises identified as having a high risk of unregistered employment.

The Committee further notes with interest the Government’s indication that following inspections carried out by the SLI from 2017 through the first quarter of 2021, 3,297 employees were regularized through the conclusion of written employment contracts and the registration of employees with the State Revenue Service, and that this number represents between 55 per cent and 71 per cent (variations by year) of all identified unregistered employed persons.

In addition, the Committee notes the comprehensive information provided by the Government on the measures taken by the SLI to reduce unregistered employment. In particular, it notes the establishment of the Working Group of Unregistered Employment Coordinators in 2017, through which criteria were developed to identify unregistered employment; the 2019 cooperation agreement between the SLI and the Free Trade Union Confederation of Latvia (FTUCL), under which the scope of cooperation issues in the field of unregistered employment was expanded; as well as the Government's indications regarding the annual meetings organized by the SLI with the FTUCL to report on the results of the previous year and discuss the plan for the following year. The Committee requests the Government to continue to provide information on the work of the labour inspectorate with respect to securing the enforcement of sections 28(1) and 41(1) of the Labour Law on the establishment of written employment contracts. It also requests the Government to continue to provide specific information on the number of employees whose situation is regularized, as compared to the number of unregistered employees identified.

2. Labour inspection activities related to the monitoring of migrant workers. The Committee notes the Government's indication in response to its previous request for information on joint inspections carried out with the State Boarder Guard that joint employment control measures are regularly implemented to prevent violations of laws regulating employment relationships and labour protection, as well as violations of the Immigration Law, including the conditions of residence and employment of foreigners. In this respect, the Committee notes that according to the information provided by the Government, 333 joint inspections with the State Boarder Guard were carried out between 2017 and 2020 to control the employment of third-country nationals. It also notes the information concerning the cooperation agreement between the SLI and the State Border Guard, which aims to organize cooperation between these two state bodies and to monitor the effectiveness of inspections carried out in view of the increased urgency of employment control and monitoring of third-country nationals.

Moreover, the Committee notes that the Government indicates that in order to monitor unregistered employment of third-country nationals, SLI officials regularly cooperate with the State Border Guard, the State Police, the Office of Citizenship and Migration Affairs, the State Revenue Service and the Ministry of the Interior, and that each institution uses the information obtained in joint inspections within its competence as evidence in order to prove unregistered employment. The Committee recalls that the primary duty of labour inspectors is to protect workers and not to enforce immigration law. The function of verifying the legality of employment should therefore have as its corollary the reinstatement of the statutory rights of all workers if it is to be compatible with the objective of labour inspection. In this connection, the Committee requests the Government to take the necessary measures to ensure, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, that additional duties which are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers are assigned to labour inspectors only insofar as they do not interfere with their primary functions. The Committee also requests the Government to indicate the time and resources allocated by labour inspectors to each of their duties related to monitoring migrant workers, in comparison to the time and resources allocated to their primary functions. The Committee further requests the Government to provide information on instances where inspectors took specific action to provide migrant workers with protection of labour rights equal to those enjoyed by Latvian citizens.

Articles 3(1)(b), 5(b), 13(2)(b) and 16 of Convention No. 81 and Articles 6(1)(b), 13, 18(2)(b) and 21 of Convention No. 129. Preventive measures carried out in the area of occupational safety and health (OSH), including in agriculture. The Committee notes the information provided by the Government, in response to its previous request, that the SLI carries out an average of 10,000 inspections in enterprises each year. It notes that in both preventive and extraordinary inspections, which include accident investigations, examination of submissions and preparation of hygienic descriptions of workplaces, SLI officials pay attention to compliance with the requirements of laws and regulations regarding labour protection (including mandatory health inspections, provision of personal protective equipment, assessment and measurement of risk factors and training in safe working techniques), and that, potential danger and direct threats to the safety and health of employees can therefore be detected.

The Committee also notes the Government's indications that in order to improve the supervision and control of the working environment, the number of preventive inspections in the field of labour protection has increased from 2,215 to 3,103 between 2017 and 2020. It notes that 5 per cent of all inspections are carried out to inspect enterprises in which breaches of labour protection and/or labour law have previously been detected, and to assess whether and how the breaches have been addressed.

The Committee further notes the Government's indications that pursuant to section 7(1) of the State Labour Inspectorate Law of 2008, which empowers officials of the labour inspectorate to suspend the operation of a person or object, if they detect that laws and regulations regarding labour protection and employment relationships have been violated, SLI officials issued orders and warnings concerning the suspension of the operations as follows: in 2017, 15 orders and 13 warnings; in 2018, 6 orders and 36 warnings; in 2019, 10 orders and 55 warnings; and in 2020, 3 orders and 14 warnings. Further, the Committee notes that, according to the Government, in the agricultural sector during the period 2017–20, the SLI conducted 1,439 inspections, issued 418 orders for the elimination of 2070 violations, and imposed 169 administrative penalties. The Committee also notes that the number of occupational accidents and diseases continues to increase since 2015 while the number of fatal accidents remains substantially unchanged.

The Committee notes, in addition, the Government’s indication that the SLI organizes annual thematic inspections in the field of labour protection, targeting high-risk sectors, including agriculture, with the objective, inter alia, of preventively inspecting working conditions in enterprises and reducing the risks of occupational accidents and diseases. In this regard, the Committee notes that from 2017 to 2020, the SLI organized thematic inspections in various sectors, such as construction, agriculture, metallurgy, food and beverage production, as well as on the safe use of chemicals in the working environment. The Committee requests the Government to continue to provide information on the preventive activities carried out by the SLI in the field of OSH. It also requests the Government to provide information on annual inspections conducted including preventive, extraordinary, follow-up and thematic inspections, as well as information on the number of orders issued with immediate executory force in case of imminent danger to the health or safety of workers. With regard to occupational accidents and diseases, the Committee also refers to its comment concerning the application in practice of Convention no. 155.

Articles 6 and 11(1) of Convention No. 81 and Articles 8 and 15(1) of Convention No. 129. Status and conditions of service of the labour inspection staff. Provision of work equipment. Further to its previous comments on the increase in the remuneration of labour inspection staff, the Committee notes the Government's indications regarding the increase in the SLI budget and its remuneration fund until 2021, which directly affects the average level of remuneration of employees. In this regard, it notes that in 2019, all employees whose job performance evaluation was good, very good and excellent, received a job performance evaluation bonus in the amount of 55 per cent, 65 per cent and 75 per cent, respectively, in accordance with section 35 of the Cabinet of Ministers Regulation No. 66 of 2013 “Regulations Regarding Work Remuneration of Officials and Employees of State and Local Government Authorities, and Procedures for Determination Thereof”. It further notes that according to the information provided by the Government, the turnover rate of inspectors decreased from 28 per cent in 2017 to 17 per cent in 2020.

The Committee also notes that the Government indicates that SLI officials receive certain benefits, including annual leave allowances of up to 50 per cent of the established monthly salary and cash prizes for personal contribution to employees aged 50, 60 and 70 who have worked for at least 5 years.

With respect to the remuneration levels of SLI inspectors, the Committee notes the Government's indication that remuneration is determined in accordance with the Law on Remuneration of Officials and Employees of State and Local Government Authorities of 2009, which establishes a unified system for determining remuneration of employees and officials of state and local government institutions.

The Committee further notes the Government's reply to its previous request for information on the measures taken to improve the equipment necessary for the performance of work responsibilities. In particular, it notes that during the period from 2018 to 2020, personal protective equipment (including footwear, helmets and vests, warm windbreakers and fleece jackets) and office equipment (including desks, chairs, air conditioners, smartphones, laptops, computers, printers and photocopiers) were acquired. In addition, it notes that the SLI has 36 cars at its disposal to facilitate the performance of inspection tasks. Taking due note of this information, the Committee requests the Government to continue to provide information on the status, conditions of service, and turnover rate of the labour inspection staff.

A. Labour administration

Labour Administration Convention, 1978 (No. 150)

Article 6 of the Convention. Impact of austerity measures on labour administration. The Committee notes the Government's indication, in response to its previous request for information on the measures taken as a result of the economic and financial crisis, that short-term measures aimed at alleviating the severe social consequences of the crisis and reducing the risk of increased poverty, and long-term measures aimed at improving the competitiveness of the labour force and promoting the inclusion of disadvantaged groups in the labour market, have been necessary in recent years. It notes that while the Government does not refer to specific measures taken in the area of labour administration, public spending on labour market policies remains below 1 per cent of GDP since 2012.

The Committee further notes the Government's indications that with the rapid spread of COVID-19 and the decline in economic activity since March 2020, the number of unemployed persons has increased, impacting the workload of State Employment Agency (SEA) staff. At the end of 2020, 69,000 unemployed persons were registered with the SEA. In this respect, the Committee notes the information provided by the Government on the functions and activities carried out by the SEA for the promotion of employment.

Lastly, the Committee notes the Government’s indication that with regard to social insurance benefits, since 2015 there are no longer restrictions or limits on the amount of benefits. While taking due note of this information, the Committee requests the Government to continue to provide information on the measures taken in order to address the health crisis and their impact on the effective performance of the functions of the labour administration services. It also requests the Government to continue to provide information on the work of the labour administration services in relation to the situation of unemployed persons.

Article 10. Status, conditions of service, material means and financial resources necessary for the effective performance of the staff of the labour administration. Further to its previous comments on the conditions of service of the staff of the labour administration and the allocation of appropriate financial resources to this end, the Committee notes the Government's indications that in the period from 2015 to 2019, the total amount of remuneration of the SEA staff has increased from €5,963,177 in 2015 (with 675.71 positions in 2015) to €7,710,415 in 2019 (with 699.82 positions in 2019).

The Committee also notes that the Government indicates that in 2019, as a result of SEA operational resource efficiency measures, the number of workloads financed from the SEA basic budget and special budget funds was reduced by 4 per cent (as of 1 January 2019 it was 460 positions and as of 1 January 2020 it was 441.6 positions). It also notes that the average monthly salary of SEA employees in March 2020 was €901 (approximately US$1,040), while in 2019, the average gross wages and salaries for full-time work in the country was €1,076 (approximately US$1,242). The Committee further notes the Government’s indication that the increase in the average level of remuneration in the economy makes the remuneration offered by the SEA less competitive and the Agency faces the challenge of attracting and retaining qualified specialists, which increasingly affects the agency’s capacity to provide quality customer service, to implement EU projects and to develop its operational processes.

With respect to material means necessary for the effective performance of the labour administration staff, the Committee notes the Government's indications regarding the acquisition of work tools including laptops, webcams and headsets following the organization of remote work, in order to reduce the risk to the health of the employees and clients of the SEA caused by COVID-19. Lastly, the Committee notes the information provided by the Government on the annual trainings of the SEA staff from 2015 to the first quarter of 2021, which were mainly focused on improving customer service skills and knowledge, including working with customers with special needs, establishing cooperation with employers and implementing the SEA employee support program. Noting the efforts made by the Government in relation to the conditions of service of the staff of the labour administration, the Committee requests the Government to continue its efforts to ensure that their remuneration is appropriate for the effective performance of their duties, in accordance with Article 10(2) of the Convention.