Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Luxembourg (RATIFICATION: 2008)

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In order to provide an overview of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), in a single comment.

Articles 3(1) and (2) and 5 of Convention No. 81, and Articles 6(1) and (2), 12(1) and 13 of Convention No. 129. Duties of labour inspectors. Monitoring the employment of third country nationals in an irregular situation. Further to its last comment, the Committee notes the statistics for 2019, disaggregated by economic sector, sent by the Government on the activities of the Labour and Mining Inspectorate (ITM) with regard to monitoring the employment of third-country nationals in an irregular situation with respect to their residence status. In this regard, it notes that out of 5,682 inspections made by the ITM, 62 situations were recorded which involved the presence of 68 third-country nationals with irregular residence status. The Government indicates that, for all third- country nationals, employers have been urged to regularize the statutory rights of employees. However, the Committee notes that the Government has not sent any statistical information on the cases in which workers in an irregular situation have actually been granted the rights due to them, further to action by labour inspectors. The Committee requests the Government to continue providing information on the nature of the action taken by the labour inspectorate to monitor the employment of third country nationals in an irregular situation, indicating the number of cases in which workers in an irregular situation have actually been granted their statutory rights, such as the payment of unpaid wages, social security benefits or the conclusion of an employment contract.

Article 10 of Convention No. 81, and Article 14 of Convention No. 129. Number of labour inspectors. Further to its last comment, the Committee notes the information sent by the Government on ITM staff numbers and the number of labour inspectors who devote themselves entirely to primary labour inspection duties. It notes the rise in ITM staff numbers, which increased from 143 employees in 2019 to 203 employees in 2020. The Committee further notes that in 2020 the number of labour inspectors in the field was 64, out of a total of 86 inspectors, compared with 29 labour inspectors in the field in 2019, out of a total of 54 inspectors. While noting the progress that has taken place, the Committee requests the Government to continue providing information on changes in ITM staff numbers, indicating the number of labour inspectors who devote themselves entirely to primary labour inspection duties.

Issues specifically concerning labour inspection in agriculture

Article 6(1) and (2), and Articles 9 and 27 of Convention No. 129. Information on the preventive and supervisory activities of labour inspection in agriculture. Specific training for labour inspectors in agriculture. Further to its previous comments, the Committee notes the Government’s indication that in 2019 a total of 80 inspections relating to working conditions and occupational safety and health were conducted in agriculture, out of a total of 5,682 inspections by the labour inspectorate. However, it notes that the ITM annual report for 2020 does not contain any statistics on the number of labour inspection staff in agriculture, on agricultural undertakings liable to inspection and the number of staff employed therein, or on violations committed and penalties imposed in agriculture. However, the Committee notes the information contained in the 2020 ITM annual report concerning the distribution of cases handled by the labour inspectorate, according to which 303 cases involving agriculture have been handled by the ITM, namely 0.40 per cent of the total number of inspection cases. Moreover, the Committee notes that the 2020 ITM annual report contains statistics on occupational accidents in agriculture but does not contain any statistics on occupational diseases. Lastly, the Committee notes that, according to the Government, the specific training given on agriculture forms an integral part of the training for all labour inspectors. Noting the low percentage of inspections carried out in agriculture, the Committee requests the Government to take steps to ensure the application of the legislation in agriculture, and to continue providing information on the number of inspection visits carried out in this sector. The Committee requests the Government to continue to publish annual reports on the work of the labour inspectorate and send them to the ILO, and to ensure that they contain information on all the matters covered by Article 27 of Convention No. 129, including statistics on labour inspection staff in agriculture, on agricultural undertakings liable to inspection and the number of persons working therein, on violations committed and penalties imposed, and also on occupational diseases and their causes.

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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 a single comment.

Articles 3(1) and (2) and 5 of Convention No. 81, and Articles 6(1) and (2), 12(1) and 13 of Convention No. 129. Duties of labour inspectors. Monitoring the employment of migrant workers in an irregular situation. In its previous comments, the Committee noted that the Labour and Mining Inspectorate (ITM) was involved in controls for clandestine work and recalled that, in order to be compatible with the objective of protection of labour inspection, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers concerned.

The Committee notes the Government’s indications, in reply to its request, that the role of the ITM is to carry out inspections to monitor the employment of third-country nationals in an irregular situation as regards their residence status, prohibited by section L.572-1 of the Labour Code, in order to protect the rights of migrant workers as resulting from their employment relationship and to sanction employers who do not respect the relevant provisions. The Government indicates that, in accordance with section 572-7 of the Labour Code, the ITM informs the workers of their rights relating to the obligation of the employer to pay them the legal or conventional minimum social wage, and of remedies for violations of conditions of work. It also notes that the ITM ensures that employers pay the wages due to migrant workers, including by issuing administrative fines in the event of non-compliance. Also in reply to the Committee’s requests, the Government indicates that there have not been joint operations with the police and the customs and excise administration in the framework of actions to combat illegal work (“crackdown”) since 2015, but that there are plans to strengthen cooperation between the ITM and these entities. There is already collaboration, for example, in the form of notification, by the police and the customs and excise administration, to the ITM of violations, inter alia, with a view to the regularization of the workers’ situation in relation to their wages, social security contributions and taxes. The Committee requests the Government to provide statistical information on the ITM’s activities in relation to the monitoring of the employment of third-country nationals in an irregular situation as regards their residence status residing illegally in the country and on the cases in which undocumented workers have been granted their due rights as a result of the action taken by labour inspectors.

Article 3(1) and (2) of Convention No. 81, and Article 6(1), (2) and (3) of Convention No. 129. Duties of labour inspectors. The Committee notes the information provided by the Government in reply to its request for clarification on the additional duties of labour inspectors. In this regard, it notes that the Inspection, Control and Surveys (ICE) service, created following the restructuring of the ITM in 2015, is entirely dedicated to the primary functions of labour inspection as set forth in Article 3(1) of Convention No. 81 and Article 6(1) and (2) of Convention No. 129.

Articles 4, 7, 10 and 11 of Convention No. 81, and Articles 7, 9, 14 and 15 of Convention No. 129. Restructuring of the labour inspection system and number of labour inspectors. The Committee notes the detailed information provided by the Government, in reply to its previous request, on the restructuring of the ITM in 2015, including the provision of further training in the “knowledge academy” to all ITM staff. The Committee welcomes the information on the significant increase of budgetary resources allocated to labour inspection over the past five years.

The Committee also notes the information provided by the Government on the reasons for lowering the number of labour inspection staff (from 103 in 2013 to 92 in 2015). The Government indicates that the reduction in the number of ITM staff is essentially linked to retirements, but that some new agents and interns have been recruited (according to the information provided in the annual report of the ITM, the ITM had 117 staff members at the end of 2016). Moreover, the Committee welcomes the Government’s indications that the ITM’s goal is to increase, over the course of the next ten years, the number of staff to at least 200 agents. The Committee requests the Government to continue to provide information on the number of ITM staff, indicating the number of labour inspectors entirely dedicated to the primary functions of labour inspection.

Issues specifically concerning labour inspection in agriculture

Articles 6(1) and (2), 9 and 27 of Convention No. 129. Information on the preventive and supervisory activities of labour inspection in agriculture. In its previous comment, the Committee noted that statistics on the ITM’s activities in agriculture were still not reflected in the annual inspection reports.

The Committee notes the Government’s indications that labour inspections are carried out in all economic sectors and that it is still not possible to provide statistics on the ITN’s activities in agricultural undertakings. In this context, the Committee notes the information provided in the 2016 annual report of the ITM (available on the ITM website) indicating that, in the long term, an approach based on economic sector-specific strategies will be developed. The Committee hopes that the Government will soon be in a position to provide statistical data so that the ITM’s activity in agricultural undertakings can be analysed and statistics on the points provided in Article 27(c) to (g) of Convention No. 129 can be incorporated into the annual report of the ITM. The Committee requests the Government to provide information, where available, on any measures taken or envisaged to develop an inspection strategy for the agricultural sector, including any strategy involving specific training for ITM labour inspectors in agriculture.

Articles 11, 12(1) and 13 of Convention No. 129. Cooperation with the chamber of agriculture and other governmental bodies and collaboration with employers and workers, or their organizations, in agriculture. The Committee notes the information provided by the Government, in reply to its request, indicating that the ITM works closely together with the chambers of agriculture and other institutions (such as agricultural technical secondary schools and agricultural associations) to provide training on prevention for workers and employers, particularly the employees responsible for preventing occupational risks in the undertakings. The Committee also notes the information provided by the Government, in reply to its request, on collaboration between the ITM and the social partners in agriculture.

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In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention Nos 81 and 129 in a single comment.

Articles 3(1) and (2), and 5 of Convention No. 81 and Articles 6(1) and (2), 11, 12(1) and 13 of Convention No. 129. Functions of labour inspectors. With reference to its previous comment, the Committee notes the Government’s explanations that the wording of new section L.612-1 of the Labour Code, which provides in subsection 1(a) that the inspectorate of labour and mines shall be responsible, among other functions, for ensuring the enforcement of the legislation, “inter alia” conditions of work and the protection of workers, does not in any way relegate to a secondary level the principal functions of the labour inspectorate, as set out in Article 3(1) of the Convention.

Methods of supervision of the conditions of work of posted workers. The Committee notes the information in the Government’s report in reply to its previous request, and the information contained in the 2014 annual report of the Labour and Mining Inspectorate (ITM) on the methods for supervising the conditions of work of posted workers. It notes the Government’s indication that these workers benefit from the same rights as national workers.

Supervision of the employment of migrant workers in an irregular situation. With regard to clandestine work, the Committee previously noted that the Inter-administrative Unit to Combat Illegal Work (CIALTI) undertook action known as “crackdowns” with the participation of officials from several ministries or administrations, including the labour inspectorate and the Security and Alcohol Department (ASCAB) of the Customs and Excise Administration. In this connection, the Committee notes the Government’s indication that the “crackdowns” carried out up to 2014 did not produce the desired results and have been rethought and modified since the beginning of 2015. The Committee notes from the annual report of the ITM for 2014 that the ASCAB Department carried out during that year 257 controls for clandestine work on behalf of the ITM, during which 31 violations were detected. The Committee notes that, in accordance with section L.612-1(1)(f) of the Labour Code, labour inspectors shall be responsible for controlling the employment of migrant workers in an irregular situation and that, for this purpose, the ITM shall conduct a risk analysis for the regular identification of sectors in which there is a concentration of employment of migrant workers in an irregular situation concerning their residence status. It observes that the Government has not provided the information requested in its comments made in 2007 and reiterated in 2010 and 2014 concerning the situation of migrant workers found to be in an irregular situation during such controls, particularly with regard to the protection of rights arising out of their employment. The Committee recalls that, in order to be compatible with the protective vocation of labour inspection, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers concerned. The Committee requests that the Government specify whether the “crackdown” actions referred to above have been totally brought to an end. It also requests the Government to provide details on the specific role of the ITM in monitoring the employment of migrant workers in an irregular situation and, where appropriate, to provide statistics on this subject. The Committee also requests the Government to provide information on the action taken by the ITM to ensure compliance by employers with their obligations in relation to the rights of migrant workers in an irregular situation, such as the payment of wages and social security and other benefits, throughout the effective duration of their employment relationship, particularly in cases in which such workers are at risk of expulsion from the country. It further requests the Government to provide information on cases in which undocumented workers have obtained the entitlements to which they were due.

Function of preventing and conciliating labour disputes. With reference to section L.612-1(1)(b) of the Labour Code, the Committee notes the Government’s indication that the personnel of the labour inspectorate is responsible for preventing and conciliating all labour disputes which do not lie within the competence of the National Conciliation Office. It also notes that the Government is not yet in a position to quantify the time and resources devoted by the personnel of the labour inspectorate to the discharge of their various functions, and that reflection has commenced on this subject since the restructuring of the ITM initiated in February 2015. The Committee recalls in this regard the terms of Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129 and draws the Government’s attention to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which the “functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee requests that the Government provide information on the measures adopted to ensure that the functions set out in Article 3(1) of the Convention continue to be the principal functions of the labour inspectorate. In this respect, it once again requests the Government to provide information on the proportion of time and resources devoted to the various inspection functions.

Supervision and prevention in relation to occupational safety and health in agricultural undertakings. In its previous comment, the Committee requested the Government to provide information on the legal provisions respecting the exercise by inspectors of the functions of prevention and supervision in agricultural undertakings, and to provide statistics on the application of these provisions. In this context, the Committee notes that the ITM is responsible for the enforcement of Book III, Title I, of the Labour Code respecting occupational safety, and its implementing regulations. The Committee also notes that certain agricultural undertakings are governed by the amended Act of 10 June 1999 concerning classified establishments, which contains provisions on the protection of the health and safety of workers. Finally, the Government indicates that the ITM is not yet in a position to provide statistical data on the application in practice of these provisions. The Committee requests the Government to continue its efforts to produce statistical data on the application in practice of these provisions.

Articles 4 and 10 of Convention No. 81 and Articles 7 and 14 of Convention No. 129. Restructuring of the labour inspection system and number of labour inspection staff. The Committee notes that, according to the 2014 annual report of the ITM, the personnel of the labour inspectorate decreased from 103 in 2013 to 99 in 2014 and that, according to the Government’s report, the ITM was composed of 92 officials in 2015. It also notes that one of the consequences of the restructuring of the ITM has been the centralization of the personnel. It notes that an “inspection, control and surveys” service has been established with the objective of making the inspection system more proactive. The Committee requests that the Government provide information on the reasons for the reduction in the numbers of labour inspection personnel. It also requests that the Government provide further information on the restructuring of the ITM and to provide an organizational chart of the labour inspectorate. Furthermore, it requests that the Government provide information on any changes in the financial resources allocated to the labour inspectorate over the past five years.

Articles 5(a) and 9 of Convention No. 81 and Articles 11 and 12(1) of Convention No. 129. Cooperation and collaboration on occupational safety and health surveillance. In its last comment, the Committee requested the Government to provide information on the status and role of supervisory bodies carrying out controls in workplaces involving asbestos and workplaces where workers are exposed to hazardous substances. The Committee notes the Government’s explanations, particularly in relation to section L.614-7(1) of the Labour Code, which provides that the ITM may be assisted by individuals or public or private law associations, approved by the Ministry, to fulfil various technical functions and to conduct studies and verifications. The latter are called “approved experts” or “supervisory bodies”, depending on the functions set out in the provision.

With regard to the agricultural sector, the Committee noted in its previous comment the collaboration between the inspectorate and the Chamber of Agriculture, and requested the Government to provide information on the content and procedures for cooperation between the labour inspectorate in agriculture and other governmental bodies. In this respect, the Committee notes the Government’s indication that the ITM collaborates with various institutions, including the administration responsible for technical services in agriculture, the association of accident insurance schemes and the health department. Nevertheless, the Government does not specify the content of such cooperation. The Committee requests that the Government specify the content of the cooperation between the ITM and these institutions in the field of agriculture.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. The Committee notes that, in the context of the current restructuring of the ITM, the Government envisages the creation of a “knowledge academy” for the development of further training for labour inspection officials. The Committee also notes that labour inspectors are not provided with specific training in agriculture. In this connection, the Committee recalls the terms of Article 9(3) of Convention No. 129 and draws the Government’s attention to Paragraph 4 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), under the terms of which labour inspectors in agriculture should “have knowledge of the economic and technical aspects of work in agriculture”. The Committee requests that the Government provide information on any progress achieved in the establishment of the “knowledge academy” (and on the content of training, the number of labour inspectors inscribed, etc.).

Article 12(1) of Convention No. 81 and Article 16(1) of Convention No. 129. Scope of the freedom of inspectors to enter workplaces liable to inspection. In its previous comment, the Committee expressed the view that the subordination of inspections under the terms of section L.614-3(1) of the new Labour Code to the existence of “sufficient proof or legitimate grounds” restricts the right of labour inspectors to enter establishments and workplaces liable to inspection in a manner that is contrary to the Convention. It emphasized that the sole condition upon the exercise of this right, in accordance with Article 12(1) of Convention No. 81 and Article 16(1) of Convention No. 129, should be the requirement for inspectors to be provided with proper credentials. In this regard, the Committee notes the explanations provided by the Government, according to which the terms “sufficient proof or legitimate grounds” do not restrict the right of labour inspectors to enter establishments or workplaces liable to inspection as all the legal grounds relating to the generic or specific functions of the ITM constitute legitimate grounds.

Issues specifically relating to labour inspection in agriculture

Articles 3, 4 and 5(3) of Convention No. 129. Coverage of the labour inspection services in agriculture. In its previous comment, the Committee requested the Government to specify the various categories of workers that the ITM is responsible for protecting, and the applicable legislative provisions or regulations. The Government indicates in this respect that the ITM is responsible for the protection of employed persons and indicates that, under the terms of section L.611-2 of the Labour Code, the term employed person should be understood to mean any individual, including trainees, apprentices and students engaged in an agricultural undertaking for the provision of services in exchange for remuneration which are performed under a relationship of subordination.

With regard to the effect given to Article 5(1) of Convention No. 129, the Government indicates that the ITM system covers members of the family of the owner or operator of the undertaking on condition that they are subject to a relationship of subordination. It does not apply to agricultural owners or sharecroppers not engaging external labour and exercising their activity as self-employed persons. The Committee notes this information.

Article 13 of Convention No. 129. Collaboration between officials of the labour inspectorate and employers and workers or their organizations. In its previous comment, the Committee requested the Government to provide information on the collaboration between labour inspectors carrying out inspections in agriculture and employers and workers or their organizations. In this regard, the Committee notes that the ITM has provided training on conditions of work and health and safety for agricultural employers and employed persons. However, the Committee recalls that collaboration between the labour inspection services and the social partners may take various forms. It may, for example, occur within the framework of a health and safety committee. The Committee requests the Government to provide information on the measures adopted or envisaged to encourage collaboration between the ITM and the social partners.

Articles 14, 15(1)(b) and 21 of Convention No. 129. Transport facilities for inspections of agricultural undertakings. Adequacy of the number of inspection personnel and frequency of inspections. In its last comment, the Committee requested the Government to provide information on the number of labour inspectors assigned to agriculture, the frequency of inspections, the measures taken to ensure the effectiveness of inspections and the means of transport available for inspections. In this regard, the Government indicates that, since its restructuring, the labour inspectorate is organized to work in all sectors, through its various pools, and that there are therefore no labour inspectors specifically assigned to agriculture. It also indicates that 33 vehicles are available for the ITM in general. With regard to statistics on the frequency of inspections, it adds that they are not yet available. The Committee requests the Government to take the necessary measures for the production of statistics as a basis for analysing the action of the ITM in agricultural undertakings.

Article 27 of Convention No. 129. Information on the activities of the inspection services in agriculture contained in the annual report. In its previous comment, the Committee requested the Government to provide information on the measures taken to ensure that the annual reports of the ITM contain the information required in Article 27 of the Convention. In this regard, the Committee notes the information provided by the Government to the effect that there are 2,137 agricultural undertakings in Luxembourg and that 5,068 people work in the sector, of whom 840 are employees. It also notes that in 2014 no penalties were issued and that three work-related accidents were reported. While welcoming the information provided by the Government, the Committee requests the Government to take the necessary measures to obtain detailed data on all of the matters covered by clauses (a)–(g) of Article 27 and to include this data in the annual report of the ITM.

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The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous comments.

Repetition

Articles 3, 4, 5(3) and 7(3) of the Convention. Coverage of the labour inspectorate in agriculture. The Committee notes the Government’s explanations that the Inspectorate of Labour and Mines (ITM) is a single labour inspection body, into which the inspection of agricultural undertakings is integrated. The Committee understands that the ITM is competent to supervise the application of legal provisions relating to conditions of work and the protection of workers while engaged in their work, and particularly the provisions of the Labour Code, which apply without distinction with other sectors also to undertakings in the agricultural sector.

In this respect, the Committee notes that section L.611-2(1) of the Labour Code defines an “employed person” as “any physical person, including trainees, apprentices and students engaged during school holidays, within the limits of the applicable texts, who is engaged by an employer with a view to carrying out remunerated services performed within a context of subordination ... “It also notes the Government’s reference in its report to section L.211-2(2) of the Labour Code, which provides that: “special laws, collective labour agreements and, in their absence, public administrative rules shall govern the working time arrangements: ... of personnel engaged in family type undertakings in agriculture, viticulture and horticulture”. It further notes the Government’s reference to sections L.233-2(2) and L.341-2, which provide that the entitlement to leave of personnel engaged in seasonal enterprises and those engaged in agriculture and viticulture, as well as the conditions applicable to work by young persons engaged in agriculture and viticulture shall be governed or may be governed, respectively, by Grand-Ducal Regulations. Finally, it notes that the ITM and the Chamber of Agriculture are currently preparing a brochure setting out all the provisions of the labour legislation respecting the recruitment of different types of employed persons, ranging from employment contracts without a time limit to trainees in agriculture. The Committee requests the Government to provide information on the various categories of workers for whom the ITM is responsible for the protection, as well as the applicable provisions of laws or regulations (including Grand-Ducal Regulations). It also requests the Government to provide a copy of the brochure referred to above prepared by the ITM and the Chamber of Agriculture.

The Committee further requests the Government to provide information on the extent to which effect has been given or it is envisaged giving effect to the provisions of the Convention in respect of farmers who do not engage outside help, sharecroppers and similar categories of agricultural workers; persons participating in a collective economic enterprise, such as members of a cooperative; and members of the family of the operator of the undertaking, as defined by national laws or regulations.

Articles 6(1)(a) and (b) and 11. Supervision and prevention in relation to occupational safety and health in agricultural undertakings. The Committee requests the Government to provide information on the content of the legal provisions establishing that labour inspectors shall be responsible for exercising preventive and supervisory functions in agricultural undertakings, and particularly to ensure the protection of workers against risks related to the use of chemicals and complex machinery. It would be grateful if the Government would also provide statistical data on the application of these provisions in practice.

Article 9(3). Training of labour inspectors in agriculture. The Committee would be grateful if the Government would indicate whether the training of labour inspectors, upon their entry into service and in the course of employment, covers matters specifically related to agriculture, such as the handling of pesticides and other hazardous chemicals, the monitoring of agricultural machinery and installations, etc. Where appropriate, it requests the Government to provide information on their content, duration and the number of participants.

Articles 12 and 13. Cooperation between the inspection services in agriculture and other government services and institutions and collaboration between officials of the labour inspectorate in agriculture and employers and workers or their organizations. The Committee notes the Government’s indications that the ITM, in relation to labour legislation in the field of agriculture, works in close cooperation with the Chamber of Agriculture of Luxembourg. However, it notes that the Government does not provide information on collaboration between labour inspectors who carry out inspections in agriculture and employers and workers or their organizations. The Committee would be grateful if the Government would indicate whether measures have been taken or are envisaged to encourage and facilitate such collaboration and, if so, to describe them and to provide recent examples of collaboration in practice (consultation, training, information seminars, etc.).

It also requests the Government to provide further information on the content and procedures of cooperation with other government institutions, including the Ministry of Agriculture, the Chamber of Agriculture and the Coordinating Committee of the National Labour Inspection System (through a regular exchange of information and data, the organization of training seminars and conferences, etc.).

Articles 14, 15(1)(b) and 21. Transport facilities for the professional travel of inspectors for the inspection of agricultural undertakings. Inspection of agricultural undertakings as often as necessary and appropriate staffing levels. The Government is requested to indicate the manner in which it is ensured that labour inspectors have the necessary means and transport facilities for the discharge of their duties. It is also requested to provide information requested in the report form for the Convention under Articles 14 and 21 and, where appropriate, to include this information in the annual report on the activities of the ITM.

Article 27. Information on the activities of the inspection services in agriculture contained in the annual report. The Committee notes that the annual report for 2001 on the activities of the Inspectorate of Labour and Mines contains information on the distribution of recognized accidents according to the workplace, including for agriculture, stock-rearing, fish farming and forestry, but does not contain data on the other subjects covered by Article 27 of the Convention specifically relating to activities in the agricultural sector. The Committee recalls that this information is indispensable to assess the degree of application of the Convention.

The Committee requests the Government to indicate the measures taken or envisaged to ensure that the annual reports on the activities of the Inspectorate of Labour and Mines contain full information on all the subjects covered by clauses (a)–(g) of Article 27, including the number of inspections in agriculture, the number of labour inspection staff carrying out inspections, the number of agricultural undertakings liable to labour inspection and the number of persons working therein, violations and sanctions imposed following inspections in agriculture, and the number of employment accidents and cases of occupational disease in agriculture.

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Articles 3, 4, 5(3) and 7(3) of the Convention. Coverage of the labour inspectorate in agriculture. The Committee notes the Government’s explanations that the Inspectorate of Labour and Mines (ITM) is a single labour inspection body, into which the inspection of agricultural undertakings is integrated. The Committee understands that the ITM is competent to supervise the application of legal provisions relating to conditions of work and the protection of workers while engaged in their work, and particularly the provisions of the Labour Code, which apply without distinction with other sectors also to undertakings in the agricultural sector.

In this respect, the Committee notes that section L.611-2(1) of the Labour Code defines an “employed person” as “any physical person, including trainees, apprentices and students engaged during school holidays, within the limits of the applicable texts, who is engaged by an employer with a view to carrying out remunerated services performed within a context of subordination ... “It also notes the Government’s reference in its report to section L.211-2(2) of the Labour Code, which provides that: “special laws, collective labour agreements and, in their absence, public administrative rules shall govern the working time arrangements: ... of personnel engaged in family type undertakings in agriculture, viticulture and horticulture”. It further notes the Government’s reference to sections L.233-2(2) and L.341-2, which provide that the entitlement to leave of personnel engaged in seasonal enterprises and those engaged in agriculture and viticulture, as well as the conditions applicable to work by young persons engaged in agriculture and viticulture shall be governed or may be governed, respectively, by Grand-Ducal Regulations. Finally, it notes that the ITM and the Chamber of Agriculture are currently preparing a brochure setting out all the provisions of the labour legislation respecting the recruitment of different types of employed persons, ranging from employment contracts without a time limit to trainees in agriculture. The Committee requests the Government to provide information on the various categories of workers for whom the ITM is responsible for the protection, as well as the applicable provisions of laws or regulations (including Grand-Ducal Regulations). It also requests the Government to provide a copy of the brochure referred to above prepared by the ITM and the Chamber of Agriculture.

The Committee further requests the Government to provide information on the extent to which effect has been given or it is envisaged giving effect to the provisions of the Convention in respect of farmers who do not engage outside help, sharecroppers and similar categories of agricultural workers; persons participating in a collective economic enterprise, such as members of a cooperative; and members of the family of the operator of the undertaking, as defined by national laws or regulations.

Articles 6(1)(a) and (b) and 11. Supervision and prevention in relation to occupational safety and health in agricultural undertakings. The Committee requests the Government to provide information on the content of the legal provisions establishing that labour inspectors shall be responsible for exercising preventive and supervisory functions in agricultural undertakings, and particularly to ensure the protection of workers against risks related to the use of chemicals and complex machinery. It would be grateful if the Government would also provide statistical data on the application of these provisions in practice.

Article 9(3). Training of labour inspectors in agriculture. The Committee would be grateful if the Government would indicate whether the training of labour inspectors, upon their entry into service and in the course of employment, covers matters specifically related to agriculture, such as the handling of pesticides and other hazardous chemicals, the monitoring of agricultural machinery and installations, etc. Where appropriate, it requests the Government to provide information on their content, duration and the number of participants.

Articles 12 and 13. Cooperation between the inspection services in agriculture and other government services and institutions and collaboration between officials of the labour inspectorate in agriculture and employers and workers or their organizations. The Committee notes the Government’s indications that the ITM, in relation to labour legislation in the field of agriculture, works in close cooperation with the Chamber of Agriculture of Luxembourg. However, it notes that the Government does not provide information on collaboration between labour inspectors who carry out inspections in agriculture and employers and workers or their organizations. The Committee would be grateful if the Government would indicate whether measures have been taken or are envisaged to encourage and facilitate such collaboration and, if so, to describe them and to provide recent examples of collaboration in practice (consultation, training, information seminars, etc.).

It also requests the Government to provide further information on the content and procedures of cooperation with other government institutions, including the Ministry of Agriculture, the Chamber of Agriculture and the Coordinating Committee of the National Labour Inspection System (through a regular exchange of information and data, the organization of training seminars and conferences, etc.).

Articles 14, 15(1)(b) and 21. Transport facilities for the professional travel of inspectors for the inspection of agricultural undertakings. Inspection of agricultural undertakings as often as necessary and appropriate staffing levels. The Government is requested to indicate the manner in which it is ensured that labour inspectors have the necessary means and transport facilities for the discharge of their duties. It is also requested to provide information requested in the report form for the Convention under Articles 14 and 21 and, where appropriate, to include this information in the annual report on the activities of the ITM.

Article 27. Information on the activities of the inspection services in agriculture contained in the annual report. The Committee notes that the annual report for 2001 on the activities of the Inspectorate of Labour and Mines contains information on the distribution of recognized accidents according to the workplace, including for agriculture, stock-rearing, fish farming and forestry, but does not contain data on the other subjects covered by Article 27 of the Convention specifically relating to activities in the agricultural sector. The Committee recalls that this information is indispensible to assess the degree of application of the Convention.

The Committee requests the Government to indicate the measures taken or envisaged to ensure that the annual reports on the activities of the Inspectorate of Labour and Mines contain full information on all the subjects covered by clauses (a)–(g) of Article 27, including the number of inspections in agriculture, the number of labour inspection staff carrying out inspections, the number of agricultural undertakings liable to labour inspection and the number of persons working therein, violations and sanctions imposed following inspections in agriculture, and the number of employment accidents and cases of occupational disease in agriculture.

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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:

Repetition

Relevant legal provisions and implementation of the Convention in practice. The Committee takes notes of the information establishing the manner in which effect is given in law to the provisions of the Convention. It notes however that the abovementioned annual activity report does not include data concerning activities specifically carried out in the agriculture sector. Such information is indispensable to allow the assessment of the level of application of the Convention. The Committee would be grateful if the Government would provide in its next report information relating in a specific manner to the work of the labour inspection system in the agricultural enterprises in practice, on the basis of the requests set out in the report form of the Convention under Articles 1, 4, 5(3), 6(1)(c) and (2), 7(3), 9, 10, 11, 12, 13, 14, 21, 25 and 26.

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The Committee takes note of the Government’s first report on the application of this Convention. It also takes note of the content of the annual report on the labour inspection activities for 2009.

Relevant legal provisions and implementation of the Convention in practice. The Committee takes notes of the information establishing the manner in which effect is given in law to the provisions of the Convention. It notes however that the abovementioned annual activity report does not include data concerning activities specifically carried out in the agriculture sector. Such information is indispensable to allow the assessment of the level of application of the Convention. The Committee would be grateful if the Government would provide in its next report information relating in a specific manner to the work of the labour inspection system in the agricultural enterprises in practice, on the basis of the requests set out in the report form of the Convention under Articles 1, 4, 5(3), 6(1)(c) and (2), 7(3), 9, 10, 11, 12, 13, 14, 21, 25 and 26.