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The Committee notes the information that, during the period covered by the report, new legislation, which gives further effect to the Convention, has been adopted including Act No. 124/2006, Coll. on Safety and Protection of Health at Work (as amended); Act No. 125/2006 Coll. on Labour Inspection; Amendments to Act No. 82/2005 Coll. on Illegal Work and Illegal Employment; Act No. 103/2007 Coll. on Tripartite Consultations at the National Level; Act No. 355/2007 Coll. on the Protection, Support and Development of Public Health; Act No. 67/2010 Coll. on the Terms and Conditions for the Introduction of Chemical Substances and Chemical Mixtures on the Market; and Decree No. 45/2010 concerning particulars for ensuring safety and protection of health at agricultural work. The Committee also notes the information provided concerning effect given to Articles 4(2)(c), 5(1) 7(b), 8(1)(a) and (4), 10(a), 13(2), 14 and 19(b) of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regard to the Convention.
Article 6(2) of the Convention. Information on legal or other provisions prescribing cooperation between two or more employers undertaking activities in an agricultural workplace. The Committee notes the further information provided indicating that section 18 of Act No. 330/1996 on safety and protection of health at work, as amended by later regulations, prescribes cooperation between several employers or natural persons at a single workplace. The Committee reiterates its request to the Government to provide samples of the type of written agreements regulating such cooperation as provided for in section 9 of the abovementioned Act with its next report.
Article 16(1) and (3). Legislative measures prescribing an age limit for the employment of young workers in agriculture. The Committee notes that, according to the Government’s first report, the minimum age for the handling of farm animals was 16 years; and for persons handling and breeding animals and for the handling of machinery, was 18 years. According to the Government some of the relevant regulations were obsolete. The Government also refers to relevant general provisions including the provisions in the Labour Code – Act No. 311/2001 (as amended). The Committee notes that the referenced legislation does not fix any generally applicable specific age limit for employment of young workers in agriculture. The Committee requests the Government to provide further information on how these provisions are applied, in law and in practice, in the country.
Part V of the report form. Application in practice. The Committee takes this opportunity to bring the Government’s attention to the Meeting of Experts that was held 25–29 October 2010 to adopt a code of practice in agriculture (see www.ilo.org/public/english/dialogue/sector/techmeet/mesha10/index.htm). With reference to its previous comments, the Committee again requests the Government to include with its next report copies of internal instructions of the Ministry of Labour, Social Affairs and Family, and of the National Labour Inspectorate in the form of “Directive for education and training of trainee inspectors” and “Directive for continuing education and professional training of inspectors” elaborated in development of paragraph 8 of Act No. 95/2000 on labour inspection, as amended by later regulations referred to in the report. The Committee would also be grateful if the Government would provide extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to its provisions, disaggregated by sex if available, the number and nature of infringements reported, etc.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes with interest that the Government has submitted a thorough, informative and well-supported first report including appropriate legal references, which has enabled the Committee to draw the preliminary conclusion that most provisions of the Convention are applied in law. The Committee notes, however, the absence of information on the application of the Convention in practice. With reference to Part V of the report form read with Articles 4(2)(c)and 5(1) of the Convention on measures taken to ensure that an adequate and appropriate system of inspection for agricultural workplaces is in place, the Committee also specially requests the Government to include with its next report copies of internal instructions of the Ministry of Labour, Social Affairs and Family, and of the National Labour Inspectorate in the form of “Directive for education and training of trainee inspectors” and “Directive for continuing education and professional training of inspectors” elaborated in development of paragraph 8 of Act No. 95/2000 on labour inspection, as amended by later regulations referred to in the report. The Committee would also be grateful if the Government would provide extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to its provisions, disaggregated by sex, if available, the number and nature of infringements reported, etc.
Article 6, paragraph 2. Information on legal or other provisions prescribing cooperation between two or more employers undertaking activities in an agricultural workplace. The Committee notes with interest that paragraph 9, subparagraph (1), of Act No. 330/1996 on safety and protection of health at work, as amended by later regulations, prescribes that when several employers or natural persons licensed for business discharge duties at a single workplace, they shall cooperate in the prevention, preparation and implementation of measures towards the assurance of safety and protection of health of their employees at work, shall coordinate in their activities and exchange of information; that a written agreement shall be concluded among them, specifying those responsible for establishing the conditions of assurance of safe labour and protection of health of employees at the joint workplace, and the extent of such assurance. The Government is requested to provide with its next report samples of the mentioned written agreements.
Article 14. Compliance with national or other recognized health and safety standards regarding animal handling. Noting the reference made by the Government to numerous legislative or other measures which appear to give effect to this Article of the Convention, the Committee requests the Government to provide copies of the main national standards in this area and further information on the way they are implemented in practice.
In addition, the Committee invites the Government to provide further information on the following points:
– Article 4(2)(c) – information on the practical implementation of the inter-sectoral coordination referred to in the report;
– Article 5(1) – legislative or other measures to ensure that inspection services for agricultural workplaces are provided with adequate means;
– Article 7(b) – legislative or other measures to ensure that employers are required to take into account different language capacities of the workers in the course of training;
– Article 8(1)(a) – legislative or other measures to ensure that workers have the right to be consulted on safety and health matters including on risks related to new technology;
– Article 8(4) – information regarding the activities of the Council of Economic and Social Concertation with respect to agriculture;
– Article 10 – legislative or other measures to prohibit the use of agricultural machinery and equipment for human transportation unless specifically designed to do so;
– Article 13(2) – legislative or other measures to cover all actions undertaken related to the use of chemicals;
– Article 16(1) and (3) – legislative measures prescribing an age limit for the employment of young workers in agriculture;
– Article 19(b) – legislative or other measures providing for a minimum accommodation standard for workers who are required by nature of work to live in the undertaking.
1. The Committee notes with interest that the Government has submitted a thorough, informative and well-supported first report including appropriate legal references, which has enabled the Committee to draw the preliminary conclusion that most provisions of the Convention are applied in law. The Committee notes, however, the absence of information on the application of the Convention in practice. With reference to Part V of the report form read with Articles 4, paragraph 2(c), 5, paragraph 1, of the Convention on measures taken to ensure that an adequate and appropriate system of inspection for agricultural workplaces is in place, the Committee also specially requests the Government to include with its next report copies of internal instructions of the Ministry of Labour, Social Affairs and Family, and of the National Labour Inspectorate in the form of "Directive for education and training of trainee inspectors" and "Directive for continuing education and professional training of inspectors" elaborated in development of paragraph 8 of Act No. 95/2000 on labour inspection, as amended by later regulations referred to in the report. The Committee would also be grateful if the Government would provide extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to its provisions, disaggregated by sex, if available, the number and nature of infringements reported, etc.
2. Article 6, paragraph 2. Information on legal or other provisions prescribing cooperation between two or more employers undertaking activities in an agricultural workplace. The Committee notes with interest that paragraph 9, subparagraph (1), of Act No. 330/1996 on safety and protection of health at work, as amended by later regulations, prescribes that when several employers or natural persons licensed for business discharge duties at a single workplace, they shall cooperate in the prevention, preparation and implementation of measures towards the assurance of safety and protection of health of their employees at work, shall coordinate in their activities and exchange of information; that a written agreement shall be concluded among them, specifying those responsible for establishing the conditions of assurance of safe labour and protection of health of employees at the joint workplace, and the extent of such assurance. The Government is requested to provide with its next report samples of the mentioned written agreements.
3. Article 14. Compliance with national or other recognized health and safety standards regarding animal handling. Noting the reference made by the Government to numerous legislative or other measures which appear to give effect to this Article of the Convention, the Committee requests the Government to provide copies of the main national standards in this area and further information on the way they are implemented in practice.
4. In addition, the Committee invites the Government to provide further information on the following points:
- Article 4, paragraph 2(c) - information on the practical implementation of the inter-sectoral coordination referred to in the report;
- Article 5, paragraph 1 - legislative or other measures to ensure that inspection services for agricultural workplaces are provided with adequate means;
- Article 7, paragraph (b) - legislative or other measures to ensure that employers are required to take into account different language capacities of the workers in the course of training;
- Article 8, paragraph 1(a) - legislative or other measures to ensure that workers have the right to be consulted on safety and health matters including on risks related to new technology;
- Article 8, paragraph 4 - information regarding the activities of the Council of Economic and Social Concertation with respect to agriculture;
- Article 10 - legislative or other measures to prohibit the use of agricultural machinery and equipment for human transportation unless specifically designed to do so;
- Article 13, paragraph 2 - legislative or other measures to cover all actions undertaken related to the use of chemicals;
- Article 16, paragraphs 1 and 3 - legislative measures prescribing an age limit for the employment of young workers in agriculture;
- Article 19, paragraph (b) - legislative or other measures providing for a minimum accommodation standard for workers who are required by nature of work to live in the undertaking.