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

Slovakia

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2009)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2009)

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.

Article 3(2) of Convention No. 81, and Article 6(3) of Convention No. 129. Additional duties entrusted to labour inspectors. The Committee notes the Government’s indication, in reply to its previous request, that labour inspection services continue to give their full attention to Occupational Safety and Health (OSH) protection. The Government states that, according to the Plan of the National Labour Inspectorate (NLI) for 2018, only two out of 18 tasks identified as the NLI’s priorities concern supervision of illegal work. However, the Committee notes that according to the 2018 Report on the State of Work Protection, available on the NLI’s website, out of a total of 68,620 inspections carried out in 2018, 17,269 inspections focused on working conditions and 11,727 focused on OSH, while 25,769 inspections focused on illegal employment. The Committee also notes that the NLI issued a total of 1,219 sanctions for 11,491 violations of the Labour Code detected including those related to illegal work without an employment contract or illegal employment. It notes the Government’s statement that all situations of workers found in an irregular situation were resolved by the end of 2018.

The Committee once again recalls that, pursuant to Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. Noting that nearly 40 per cent of labour inspections performed in 2018 focused on the control of illegal work, the Committee requests the Government to indicate whether this includes the control of the legality of employment of migrant workers in an irregular situation, and if so, to provide information on the measures taken to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as required under Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It also requests the Government to provide further information on action undertaken by the National Labour Inspectorate to ensure the enforcement of employers’ obligations with regard to the statutory rights of migrant workers found to be in an irregular situation, including specific information on the number of cases where such workers have been granted their due rights, such as the amounts of payment of outstanding wages, the extension of social security benefits provided in connection with the period of employment, or the establishment of an employment contract.

Articles 4 and 5 of Convention No. 81, and Articles 7 and 12 of Convention No. 129. Supervision by a central labour inspection authority and effective cooperation between the labour inspectorate and other government services, and collaboration with employers’ and workers’ organizations. The Committee notes the Government’s indication, in reply to its previous request, that in 2018, the labour inspectorates and the Bureau of Regional Public Health carried out 34 joint inspections, in line with the agreement of the control authorities at the regional level concerning the EU–OSHA campaign “Healthy Workplaces Manage Dangerous Substances.” The NLI and the Public Health Authority cooperate in dealing with complaints to avoid duplications in investigation. The labour inspectorates and the Police Corps at the national and regional levels carry out joint inspections related to supervising compliance with social legislation in transport on roads, based on a cooperation agreement between the NLI and the Ministry of Interior. The NLI also uses the database of the Social Insurance Agency for inspections on illegal employment and on employers’ non-compliance with social security contributions. The Committee further notes the conclusion of a cooperation agreement between the NLI, the Confederation of Trade Unions (KOZ) and the Association of Employers’ Federations (AZZZ), under which the KOZ and AZZZ regularly send reports to the NLI on their activities related to labour inspection and participate in inspection activities carried out by the NLI. Based on this cooperation, annual reports are regularly published. The Committee requests the Government to provide further information on the conditions and modalities under which the NLI collaborates with the KOZ and AZZZ, including the impact of such collaboration in relation to the enforcement of legal provisions on the conditions of work and the protection of workers.

Articles 20 and 21 of Convention No. 81, and Articles 26 and 27 of Convention No. 129. Annual inspection report. The Committee notes the Government’s indication, in reply to its previous request, that the annual reports on labour inspection activities will be submitted to the ILO. It also notes that the 2018 Report on the State of Work Protection is available on the website of the NLI. However, it does not contain full information on the activities of the labour inspection services in agriculture, as required by Article 27 of Convention No. 129. The Committee once again requests the Government to take the necessary measures to ensure that future reports contain full information on the activities of the labour inspection services in agriculture, including statistics on: agricultural undertakings liable to inspection and the number of persons working therein (Article 27(c) of Convention No. 129), the number of inspection visits undertaken (Article 27(d)), the specific penalties imposed for violations (Article 27(e)) and the number of occupational accidents and diseases (Article 27(f) and (g)). The Committee also requests the Government to ensure that annual reports are transmitted to the ILO, in accordance with Article 20(3).