Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Tchéquie

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 2011)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 2011)

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.