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

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Portugal (Ratification: 1983)

The Committee notes the Government’s report and the comments of the General Union of Workers (UGT), annexed to that report.

The Committee refers the Government to the comments made under the Labour Inspection Convention, 1947 (No. 81), in regard to those matters which apply equally to the Articles of the present Convention.

Articles 6(1)(a) and (b), 22, 23 and 24 of the Convention. Prevention, prosecution and penalties for infringements in labour. The Committee notes that, according to the UGT, there has been no significant modification in the agricultural sector, which continues to be characterized by a multitude of small enterprises, with many having a familial character and a seasonal market. According to the UGT, during the period covered by the report, an intensive inspection was advanced in the agricultural sector inasmuch as, in accordance with the data laid out in the annual inspection report for 2009, this sector held the third position for recorded lethal accidents in the workplace. Preventative actions and supervision were advanced with priority given to businesses that, in the past three years, had had grave or lethal work accidents, in conformity with a measure envisaged in the National Strategy for Security and Health at Work, 2008–12. The UGT further highlights the recent ratification of the Safety and Health in Agriculture Convention, 2001 (No. 184).

The Committee notes that according to the Government, during the implementation of Stage I of the Inspection Action Plan for security and health at work 2008–10, 130 visits were undertaken in agriculture, the agricultural farming and forestry industries in 2009, leading to 64 statements of infringements and the imposition of pecuniary sanctions. A further 323 irregular situations were noted, which led to preventative measures and the immediate suspension of labour was ordered in one case threatening the life, integrity or health of the workers.

The Committee notes, in addition, the data provided in the Government’s report relating to the supervisory activities of the labour inspectorate in agriculture between 2009 and 2010. The Committee requests the Government to provide information on the impact of the implementation of the National Inspection Plan for security and health at work in the agricultural sector as regards the set objective and, in particular, on the number of work accidents and cases of professional disease.

Articles 9(3) and 14. Strengthening the inspection staff numbers and training in agriculture. The Committee refers the Government to its comments in connection with Articles 9 and 10 of the Labour Inspection Convention, 1947 (No. 81), and once more requests the Government to provide information on any further measures adopted to strengthen the capacities of the inspection services in agriculture, as well as information on the impact of the training courses that were referenced in the Government’s previous report regarding the inspectors’ working methods and their capacity for detecting violations and the prevention of accidents.

Articles 26 and 27. Content and communication of the annual inspection report. The Committee notes that the annual report on the work of the inspection services in the continent for 2009 and 2010 has not been received at the ILO. It notes the succinct figures provided on the activities of the Labour Inspection in agriculture in the Autonomous Region of the Azores and the absence of corresponding information relating to the Autonomous Region of Madeira. The Committee requests the Government to transmit to the Office copies of the annual inspection report in agriculture for the continent. The Committee would be grateful, once more, if the Government would take measures to ensure that annual reports on inspection activities in agriculture in the Autonomous Regions of the Azores and of Madeira, containing information on the questions contemplated in clauses (a) to (g) of Article 27, are published and transmitted to the Office in line with Article 26.