Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Spain (Ratification: 1971)

The Committee notes the Government’s report dated 5 September 2013. It also notes the observations made by the Trade Union Confederation of Workers’ Commissions (CC.OO.), which were received at the Office on 30 August 2013, and the Government’s reply to them, which was received on 26 November 2013.

The Committee refers to its comments concerning the Labour Inspection Convention, 1947 (No. 81), in so far as they also relate to the application of the present Convention. The Committee also draws the Government’s attention to the issues described below.

Articles 6(1)(a), 21 and 24 of the Convention. Enforcement functions of labour inspectors in agriculture. The Committee notes that the CC.OO. alleges that non-compliance with regard to the declaration of actual daily hours of work for the purposes of social security contributions, which implies major fraud in relation to Spanish social security, reflects the fact that the labour inspectorate does not carry out any verification of actual working hours and declared working hours, thereby failing to comply with Article 6 of the Convention.

The Committee notes that the Government, for its part, indicates that, in accordance with section 13.1 of Act No. 42/1997 regulating labour inspection and social security, the Labour and Social Security Inspectorate acts of its own accord, as a result of an order from a higher authority, further to a substantiated request from other bodies, of its own initiative, or in response to a complaint. The Government is aware of the importance of the agricultural sector, and this is reflected in the existence of a specific national campaign relating to agricultural activities, which forms part of the planned annual work of the inspectorate. This campaign comprises a series of specific actions but does not prevent inspectors or assistant inspectors from carrying out inspection work in other areas. Moreover, and taking account of the particular features of agricultural work, specific campaigns are conducted by territory. The Government supplies statistical information relating to the results of campaign NE006 during 2011 and 2012 (number of service orders fulfilled and number of service orders involving irregularities; number of violations, amounts deriving from violations; number of workers affected; number of settlement files; number of workers affected and of situations of discovered employment).

The Committee requests the Government to include specific information in its next report on inspections conducted in agriculture during the period covered by the report, violations detected (indicating the relevant legal provisions), including in relation to actual working hours and declared working hours, and penalties imposed. The Committee would also be grateful if the Government would specify the practical measures taken to ensure the effectiveness of inspection in agricultural undertakings in accordance with Article 21 of the Convention, and the frequency of inspections in the sector.

In addition, the Committee would be grateful if the Government would supply detailed information on any campaign implemented with a view to promoting or securing the enforcement of the legal provisions relating to conditions of work and the protection of workers, indicating its duration, coverage and impact with respect to the objectives of the Convention.

Article 9(3). Training of labour inspectors for the performance of duties in agriculture. The Committee notes the Government’s indication that, in addition to the theoretical content of the initial training programme, the course for labour and social security inspectors corresponding to the competition approved in 2011 included, for example, a case study on occupational risks in agriculture and forestry, connected with the acquisition of knowledge relating to legislation, occupational risks, work equipment, protective equipment and safe procedures in the sector. With regard to further training, the Government declares that a specific course was held on risks in agriculture and livestock farming, and there was discussion of matters such as the main characteristics of conditions of work and risk factors, agricultural machinery, pesticides and fertilizers, agricultural tractors, risks in livestock farming and abattoirs, and biological risks in agriculture and livestock farming. The Committee requests the Government to provide information on the impact of these training activities, particularly in the area of further training, on the working methods of inspectors in the performance of their duties and in relation to occupational risks in agriculture. The Committee would also be grateful if the Government would provide information on initial and further training activities held in relation to the performance of inspection duties in agriculture, indicating the type of training (seminar, course, workshop), subjects covered, duration, and the number of inspection staff taking part.

Article 27(f) and (g). The Committee requests the Government to take steps to ensure that future annual inspection reports contain, as far as possible, disaggregated statistical information on occupational accidents in agriculture and their causes and on cases of occupational disease and their causes.