Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the information in the Government’s report in reply to its previous comments on Article 5(a) of Convention No. 81 (effective cooperation between the labour inspection services and other institutions); and Article 9(3) of Convention No. 129 (specific training in agriculture for labour inspectors).

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. The Committee notes the Government’s indication, in response to its previous request, regarding the actions taken by the State Labour Inspectorate (SLI) following inspections to reduce unregistered employment. The Committee notes from the 2017 annual labour inspection report that as a result of such inspections, 1,393 unregistered persons were identified (compared with 3,002 in 2012) and that 853 workers were given a formal employment contract and/or registered with the social security scheme (compared with 481 in 2012). The Committee requests the Government to continue providing information on the work of the labour inspectorate with respect to establishing formal employment contracts and the registration of workers with the social security scheme. It requests the Government to provide information on the action taken by the labour inspectorate with respect to the rights of those unregistered workers detected in the course of inspections but not subsequently registered (more than 500 in 2017).

2. Labour inspection activities related to the monitoring of migrant workers. The Committee notes the Government’s indication in its report that the SLI has entered into cooperation agreements with, among other authorities, the Office of Citizenship and Migration Affairs regarding the use of databases. It also notes the Government’s indication that joint inspections are carried out with the State Border Guard, in light of the increasing concern regarding the control and supervision of third country nationals. Recalling that the primary function of labour inspectors is to secure the legal provisions relating to conditions of work and the protection of workers while engaged in their work, the Committee requests the Government to provide further information on the joint inspections conducted with the State Border Guard and on how these joint inspections contribute to the primary function of labour inspectors, as well as the nature of the information shared in the context of the SLI’s cooperation with the Office of Citizenship and Migration Affairs.

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. The Committee welcomes the comprehensive information provided by the Government, in response to its previous request, on the preventive activities carried out by the SLI in the area of OSH, aimed particularly at high-risk sectors including agriculture, and the collaboration with representatives of agricultural organizations in this respect. The Committee also notes from the information in the annual labour inspection reports provided by the Government that the number of occupational accidents and diseases has increased over the past years. The number of occupational accidents increased from 1,766 to 1,910 between 2014 and 2017 (from 71 to 80 in the agricultural sector) and the number of cases of occupational disease increased from 1,217 to 1,421 in the same period (from 63 to 67 in the agricultural sector). It notes that, over the same period, the number of orders and warnings to suspend operations for violations which caused direct threats to the life and health of employees decreased (44 in 2015, 33 in 2016 and 28 in 2017). The Committee also notes from the information in the 2017 annual labour inspection report that the number of workplace accidents of minor severity reported has been constantly increasing, and the statement in this report that this increase may be due to the fact that such accidents are being reported more often. With respect to agriculture, the Government states that its analysis indicated a constant increase in the number of accidents from 2014 and that it therefore planned sectoral inspections in agriculture. The Committee requests the Government to continue providing information on the preventive activities carried out by the SLI in the area of OSH (in all sectors including agriculture), including measures with immediate effect ordered in cases of imminent danger to the health or safety of workers, as well as information on the number of occupational accidents and diseases.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status of the labour inspection staff. Following its previous comments, the Committee notes the Government’s indication that the turnover rate of inspectors between 2015 and 2017 was approximately 30 per cent. The Government indicates that the SLI budget and its remuneration fund have both increased (from €2,563,629 in 2014 to €2,842,605 in 2017 and from €2,072,901 in 2014 to €2,336,009 in 2017, respectively). The Committee also notes that the Government planned for 2017: (i) to increase the amount of the performance bonus for labour inspectors whose evaluation is considered good, very good and excellent (from 38 per cent of the monthly remuneration in 2016 to, on average, 55 per cent in 2017); and (ii) to purchase further personal protective equipment for inspectors. The Committee requests the Government to continue providing information on actions taken to increase remuneration and improve equipment needed to perform job responsibilities, and to provide specific information on levels of remuneration for labour inspectors compared with other officials exercising similar authority or with comparable levels of responsibility.

Issues specifically concerning labour inspection in agriculture

Articles 26 and 27 of Convention No. 129. Annual report on labour inspection in agriculture. Following its previous comment, the Committee notes with interest that the annual report of the SLI now also contains information specifically concerning the activities of the labour inspection services in agriculture, including statistics on the number of labour inspectors and inspections undertaken, enterprises inspected and the number of workers employed therein, violations detected, penalties imposed, as well as the number of occupational accidents and cases of occupational disease, in conformity with Article 27 of Convention No. 129.