Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Latvia

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1994)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1994)

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 Article 6(1) and (3) of Convention No. 129. Primary functions of labour inspectors. 1. Labour inspection activities in the area of undeclared work. Further to its previous comment, the Committee notes the statistical information provided by the Government in its report concerning the activities of the State Labour Inspectorate (SLI) in addressing the issue of undeclared work. Between 2021 and 2023, the SLI imposed a total of 901 administrative penalties on employers for employing workers without proper registration. It also notes that from 2021 to the first quarter of 2024, the SLI conducted 1,700 inspections in mining, manufacturing and trade sectors, resulting in the identification of 675 unregistered workers, and that in the agriculture sector, 272 inspections were conducted, leading to the detection of 208 unregistered employees. Additionally, the Government informs that 960 re-inspections were conducted in enterprises where no unregistered employees were initially identified, but where there were indications that such practices might exist. The Committee notes with interest that 2,357 workers were regularized during this period following the inspections, representing a total of 75 per cent of all identified unregistered employed persons. Furthermore, the Committee notes the Government's indication of its continued efforts to address undeclared work through the Working Group of Unregistered Employment Coordinators and various other initiatives, including participation in European and national-level events, training activities, seminars, awareness-raising campaigns, and collaboration with the European Labour Authority (ELA) to conduct joint inspections and organize targeted campaigns. The Committee notes this information, which responds to its previous request.

2. Labour inspection activities related to the monitoring of migrant workers. The Committee notes the information provided by the Government, in response to its previous request, that according to the State Labour Inspectorate Law, the primary function of the SLI is the implementation of State supervision and control in the field of employment legal relationships and labour protection. The Committee notes the Government’s indication that combating unregistered employment is a collaborative effort involving multiple state institutions, with the State Border Guard being responsible for supervising compliance with laws governing the residence and employment of foreigners. The Government informs that between 2021 and the first quarter of 2024, the SLI and the State Border Guard conducted 148 joint inspections, leading to the identification of 192 unregistered employed foreigners. Furthermore, the Committee notes the Government's indication that during these joint inspections, when no violations are found concerning the residence status or employment rights of foreigners, the SLI then proceeds to inspect compliance with labour rights and labour protection. However, the Committee observes that this approach may result in a situation where foreign undeclared workers could potentially have their labour rights overlooked, as the focus might shift away from ensuring their full protection under labour laws and the workers themselves may be less forthcoming about possible violations. The Committee also observes that the Government does not provide information on the measures taken by labour inspectors to enforce employers’ obligations regarding the rights of migrant workers in an irregular situation, such as the payment of wages and social security benefits, for the period of their effective employment relationship. The Committee therefore once again requests the Government to indicate how it ensures that labour inspectors’ participation in joint inspections does not interfere with the effective discharge of their primary duties under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. In addition, the Committee requests the Government to provide information on the specific role, if any, played by the labour inspectorate in: (i) enforcing employers’ obligations arising from the rights of undocumented migrant workers, such as payment of wages or social security benefits for the period of their effective employment relationship, especially in cases where workers are liable to expulsion from the country; and (ii) regularizing the employment relationship of migrant workers found to be working in an irregular situation, including the numbers of undocumented migrant workers assisted in each of these areas.

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. Further to its previous comment, the Committee notes the Government’s indication that, pursuant to section 7(1) of the State Labour Inspectorate Law, 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, officials of the SLI issued 51 warnings and 36 orders to suspend operations between 2021 and 2023. The Government also reports that 9,610 preventive inspections aimed at reducing severe and fatal workplace accidents were conducted during this period.

The Committee notes the Government’s indication that the SLI conducts annual thematic inspections to assess work conditions, ensure safe environments, raise awareness of labour protection and reduce occupational risks. The Government informs that in 2021, the thematic inspections were conducted in remote work organizations and the construction sector. In 2022, the SLI carried out 206 inspections in enterprises with repeated workplace accidents, issuing 21 orders to prevent the detected violations and 14 verbal warnings; the findings indicated that 77 per cent of the inspected employers had implemented adequate measures to prevent future accidents. In 2023, thematic inspections targeted falls, slips, the construction sector, enterprises with insufficient employee training to prevent accidents and hazardous industries.

The Committee also notes that between 2021 and the first quarter of 2024, a total of 7,504 accidents at work and 5,109 occupational diseases were reported. In the agriculture sector, between 2021 and 2023, 1,432 inspections were conducted, leading to the detection of 777 violations, the issuance of 214 orders and the application of 41 administrative penalties. The Committee further notes the statistics on the main causes of accidents, the factors contributing to occupational diseases and the penalties imposed during agricultural sector inspections. The Committee takes note of this information, which addresses its previous request.

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. In response to its previous comment, the Committee notes the Government's information that the SLI remuneration fund has increased during the period 2021–23, including an increase of €268,445 in 2023. The Government also reports that during this period, the average bonus amount for the evaluation of work performance for SLI employees amounted to 66 per cent of their monthly remuneration, and that additional benefits are provided, such as allowances for dependent disabled children and annual leave allowances. Furthermore, the Committee notes the Government's indication that work conditions are being improved through the acquisition of personal protective equipment and office equipment. The Committee takes note of this information,but requests once again that the Government provide information on the turnover rate of the labour inspection staff.

In addition, the Committee recalls the pending comment regarding the Labour Administration Convention, 1978 (No. 150), adopted by the Committee in 2021, for which the Government will be requested to reply in 2027 in accordance with the reporting cycle.