Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Inspection Convention, 1947 (No. 81) - Latvia (Ratification: 1994)

Articles 3(1), (2) and 10 of the Convention. Principal labour inspection functions and inspection staff. The Committee notes that according to the 2010 Annual Report of the State Labour Inspectorate (SLI), the main priorities of the SLI until 2013 are to combat unregistered employment and reduce the number of fatal accidents and accidents causing severe health problems at work.

In its report, the Government indicates that as a result of structural changes introduced in 2009 and 2010, the number of staff in the State Labour Inspectorate (SLI) was reduced to 211 in 2009, including 139 inspectors, and 163 in 2010, including 112 inspectors. It is indicated that all inspectors deal with both labour law and labour protection issues except for 14 inspectors in the Sector for Reduction of Unregistered Employment of the Riga Regional SLI. The number of workplaces subject to inspection was 92,347.

The Committee notes that labour inspection visits aimed at combating unregistered employment amounted to 3,264 in 2010 out of 10,477 inspections in total. Even though this represents a 34.6 per cent decrease in inspections compared to 2009, the number of persons found to be involved in unregistered employment increased by 51 per cent compared to 2009. Moreover, it is reported that the SLI plans to inspect repeatedly and annually at least 5 per cent of the enterprises in risk of unregistered employment.

The Committee requests the Government to specify the sanctions imposed if the labour inspectors discover cases of unregistered employment and the manner in which the labour inspectorate ensures the enforcement of employers’ obligations with regard to the statutory rights of irregular workers for the period of their effective employment relationship.

Articles 3(1)(b) and 14. Notification of industrial accidents and cases of occupational disease. The Committee notes from the 2011 Annual Inspection Report that the total number of accidents was reduced by 1.3 per cent in 2010 compared to 2009, and that serious accidents were reduced by 6.3 per cent (164 in 2010, 175 in 2009) while lethal accidents decreased by 28 per cent (23 in 2010, 32 in 2009). It notes in particular that occupational accidents decreased in the construction sector by 61 per cent within four years (256 accidents in 2007 and 99 in 2010) and that the SLI carried out national inspection campaigns in particular industries (e.g., wood-processing and construction) and organized the European Week (EW) information campaign related to the maintenance of healthy and safe workplaces.

The Committee also notes that according to the Government, Cabinet Regulation No. 950 on Procedures for investigation and registration of work accidents was adopted on 25 August 2009, substituting Regulation No. 585 of 9 August 2005, so as to simplify the procedure for the investigation and registration of work accidents, and facilitating the process of their investigation by the inspectorate and employers. The SLI, according to paragraphs 10 and 11 of the Regulation, shall control how an employer investigates and registers accidents and is entitled to conduct an additional investigation of the circumstances of an accident if new facts regarding the accident have come at the disposal of the Inspectorate. Paragraph 20 stipulates that medical treatment institutions shall provide detailed information to the SLI regarding the work accidents which took place in the previous month. The Committee would be grateful if the Government would describe the procedure for the notification, registration and investigation of work accidents under Regulation No. 950, particularly in relation to the role of the labour inspectorate in this framework.

Additionally, the Committee would be grateful if the Government would provide information on any preventive activities carried out by the SLI in the area of occupational safety and health including the adoption of measures with immediate effect in case of imminent danger to the health or safety of the workers (Article 13(2)(b) of the Convention).

The Government is also requested to provide details concerning the procedure for the recording and notification of cases of occupational disease, and furnish statistics of diseases and the measures taken to prevent them.

Article 6. Status of the labour inspection staff. The Committee takes note of the Government’s reply to its previous comments, to the effect that employees of the SLI do not perform control and supervision functions, but rather support functions.

The Government also reports that the Law on Remuneration of Officials and Employees of the State and Self-Government Authorities which was adopted on 1 December 2009 and came into force on 1 January 2010, aims to ensure equal remuneration for officials and employees of State and local government authorities, including of the SLI. The Committee also notes the high levels of staff turnover in the SLI indicated in the Government’s report (37 per cent in 2009 and 23 per cent in 2010). The Committee requests the Government to specify the conditions of service of labour inspectors and in particular, their wages, including allowances, in relation to other types of officials performing similar duties, e.g., social security and tax inspectors, pursuant to the entry into force of the Law on Remuneration of Officials and Employees of the State and Self Government Authorities.

Articles 18 and 21(d) and (e). Labour inspection enforcement activities and relevant statistics. While taking due note of the statistical information provided by the Government on the number of inspection visits, violations found, cases brought to the courts and outcome of the judicial examination as well as penalties imposed, in reply to the Committee’s previous comments, the Committee observes nevertheless, that the data provided only refers to aggregate numbers and does not allow for an analysis of the impact of the activities of the labour inspectorate on the application of legislation on conditions of work and the protection of workers. The Committee requests the Government to take the necessary measures so as to ensure that the annual labour inspection reports include detailed information on inspection visits (such as their regional distribution, purpose and frequency) and violations found (legal provisions to which they relate, nature of penalties imposed) as well as the outcome of judicial and administrative proceedings and its impact on the enforcement of the legal provisions relating to the conditions of work and protection of workers while engaged in their work.

Noting with interest, that according to the Government, the SLI is in the process of implementing, as of 2012, a project on “Improvement of the Information System of the State Labour Inspectorate and Introduction of E-services”, in order to provide statistical information related to the survey of undertakings, fines imposed, accidents, occupational diseases, etc. the Committee requests the Government to keep the ILO informed of progress made in the introduction of the information system and its impact.

The Committee is raising other points in a request addressed directly to the Government.