Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Luxembourg

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1958)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2008)

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.

Article 3(1) and (2) of Convention No. 81, and Articles 6(1) and (2), and 12(1) of Convention No. 129. Duties of labour inspectors. Monitoring the employment of third country nationals in an irregular situation. Further to its previous comment, the Committee notes the 2023 statistics provided by the Government on the activities of the Labour and Mining Inspectorate (ITM) concerning the monitoring of the employment of third-country nationals in an irregular situation, disaggregated by economic sector. It notes, in this regard, that out of a total of 17,328 inspections carried out by the ITM, 167 revealed the presence of 283 illegally staying third-country nationals. The Government indicates once again that, for all such third-country nationals, employers have been urged to regularize the statutory rights of employees. The Committee notes that, according to the 2023 labour inspection report, in response to a situation of illegal work, inspectors ordered a stoppage in 202 cases, issued 202 fines totalling €1,272,500 and established 28 reports of aggravating circumstances. Noting once again the lack of information in this regard, the Committee requests the Government to indicate the number of cases in which workers in an irregular situation have actually been granted the rights due to them, such as the payment of unpaid wages, social security benefits and the signing of a work contract.

Article 10 of Convention No. 81, and Article 14 of Convention No. 129. Number of labour inspectors. Further to its previous comment, the Committee notes the Government’s indication that the number of labour inspectors entirely devoted to the primary functions of labour inspection rose to 99 at the end of 2023 (compared with 86 in 2022 and 69 in 2021). The Committee notes this information, which responds to its previous request.

Issues specifically concerning labour inspection in agriculture 

Article 27 of Convention No. 129. Report of labour inspection in agriculture. In response to the Committee’s previous request, the Government indicates that, in 2023, 60 inspections were carried out in agricultural sector enterprises. During these inspections, 2,366 violations were found and 24 fines were issued, totalling €120,500. The Government also indicates that in 2023 the National Institute for Statistics and Economic Studies (INSEE) identified 1,834 agricultural undertakings with 1,144 employees employed in an irregular situation. Additionally, the Committee notes that: (i) the ITM 2023 annual report indicates that five occupational accidents (compared with 15 in 2022) in the agricultural sector were reported to the ITM; and (ii) the number of occupational diseases is registered by the Occupational Accident Insurance Association (AAA) but that the statistics are not disaggregated by economic sector. The Committee requests the Government to continue to publish and provide annual reports to the ILO on labour inspection activities and to ensure that they contain information on occupational diseases and their causes in the agricultural sector.