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

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Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1949)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1970)

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

Articles 3(1) and (2), and 5(a) of Convention No. 81 and Articles 6(1) and (3), and 12 of Convention No. 129. Additional duties entrusted to labour inspectors related to immigration. Cooperation of inspection services with other services or institutions engaged in similar activities. Following its previous comment regarding the operation of the Department of Joint Authority Control of the Swedish Work Environment Authority (SWEA), the Committee takes note of the Government’s indication in its report that the Department is responsible for the SWEA´s work against workplace crime and that it is composed of 35 work environment inspectors. The Government indicates that the Department is currently expanding in order to reach a target figure of approximately 75 employees at the end of June 2024, and that the recruitment process to increase the number of work environment inspectors to around 50 has already started. The Committee also takes note that, according to the Government’s indication; (i) labour inspectors verify that the employer complies with rules on the working environment, working hours and the posting of workers from another country to Sweden; and (ii) if they find information that can prove useful for the Migration Agency, they share it under certain conditions; but (iii) their main duties and objectives remain at the heart of their inspection and supervision functions. Noting that the Government did not provide information on the reinstatement of the rights of migrant workers in an irregular situation, the Committee once again requests the Government to provide information regarding the manner in which the SWEA ensures the enforcement of the rights of migrant workers in an irregular situation (such as social security benefits for the period of employment).

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between the labour inspectorate and employers and workers or their organizations. In response to the Committee’s previous comment, the Government indicates that the workers’ health and safety representatives who wish to ask for the intervention of the SWEA must follow guidelines established in the Work Environment Act. According to the Government, the first step is to request action from the employer and if no measure, incorrect measures, or insufficient measures have been taken, a specific form must be sent to the SWEA. The SWEA then checks that the formal requirements provided for by Chapter 6, section 6a, of the Work Environment Act or section 19(a) of the Working Hours Act (1982:673) are met, and if such requirements are met, the SWEA will proceed with the request. The SWEA will in most cases carry out an inspection and then decide whether an injunction or a prohibition order should be issued. The Government also indicates that between 2015 and 2022, the workers’ health and safety representatives made 11 requests to the SWEA for matters concerning the agriculture, forestry and fishing sectors. The Committee takes note of this information which addresses its previous request.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Qualifications and training of labour inspectors. In response to the Committee’s previous comment, the Government indicates: (i) that the training programme for labour inspectors runs for just over six months after their recruitment; (ii) that it includes nine central training sessions and five follow-up meetings; and (iii) that the number of participating inspectors is usually between 25–30. The Government also indicates that the central training sessions, which amount to a total of 30 days of training, are organized around the authority role of labour inspectors (so-called “authority weeks” – four weeks) and different work environment areas (so-called “subject weeks” – five weeks) dealing with organizational and social work environment, physical work environment, chemical work environment, technical work environment, as well as stress and workload ergonomics. The Government clarifies that the agricultural sector is included in the “subject week” session relating to technical work environment. Finally, the Government indicates that training focuses on a basic level of knowledge regarding the authority role of labour inspectors (including the knowledge of applicable rules) and the respective work environment area, but that it does not include knowledge of sectoral areas such as construction and civil engineering or transport. The Committee takes note of this information which addresses its previous request.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Publication and content of the annual labour inspection reports. Following the Committee’s previous comment, the Government has appended to its report the annual report issued by the SWEA in 2022. The Committee notes that the Government has provided statistics on the number of inspections carried out and the number of injunctions, prohibitions and penalties issued but that it did not provide statistics specific to the agricultural sector. The Committee once again requests the Government to: (i) pursue its efforts to ensure that the annual labour inspection reports are transmitted to the ILO and published in conformity with Article 20 of Convention No. 81 and Article 26 of Convention No. 129; and (ii) take the necessary measures to ensure that the annual reports contain information specific to the agricultural sector, as required by Article 27 of Convention No. 129.