Labour Inspection Convention, 1947 (No. 81) - Slovakia (Ratification: 2009)

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

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).

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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.

Articles 4, 5(b) and 19 of Convention No. 81, and Articles 7, 12, and 25 of Convention No. 129. Supervision by a central labour inspection authority and effective cooperation between the labour inspectorate and other government services. Periodic reports to the central labour inspection authority. The Committee notes the Government’s indication, in reply to its previous request, that labour inspections on occupational safety and health (OSH) are also carried out by offices of the Central Office of Labour, Social Affairs and Family, regional offices of public health, the Ministry of Labour, Social Affairs and Family as well as the labour inspectorate. The Committee also notes the information in the 2017 Report on the State of Work Protection, available on the website of the National Labour Inspectorate (NLI), on the broad cooperation between the labour inspectorate and other government authorities in inspections or investigations, exchange of information and research. The 2017 Report indicates that, in 2017, 11,036 inspections focused on OSH, detected a total of 34,710 violations, but does not indicate if this includes the OSH inspections performed by other bodies. The Committee requests the Government to take the necessary measures to ensure that information on OSH inspections performed by other bodies is sent to the NLI and reflected in annual labour inspection reports. The Committee also requests the Government to provide information on the measures taken or envisaged by the NLI to ensure coordination and cooperation between the different institutions performing OSH inspections.

Article 6 of Convention No. 81, and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes the information provided by the Government, in reply to its previous request regarding the number of labour inspectors engaged as temporary public servants (18 out of 318 inspectors). It notes the Government’s indication that most temporary inspectors are engaged to replace permanent employees on maternity or parental leave for a short period of time.

Articles 20 and 21 of Convention No. 81, and Articles 26 and 27 of Convention No. 129. Annual inspection report. The Committee takes due note of the statistical data on the agriculture, forestry and fishing sectors provided by the Government, in response to the Committee’s previous request. The Committee notes, however, that the annual report on the activities of the labour inspectorate has not been communicated since 2014. It further notes that the 2017 Report available on the website of the NLI does not contain the full information on the activities of the labour inspection services in agriculture, as required by Article 27 of Convention No. 129. Therefore, the Committee requests that the Government 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.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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 that according to the 2017 Report on the State of Work Protection, more time was spent by the labour inspection system performing inspections to control illegal employment than to perform inspections related to occupational safety and health (OSH). The Committee notes in this respect that the 2017 Report indicates that the labour inspection system cooperated with the specialized units of the Police Force (such as the Border and Alien Police Office; the Emergency Motor Vehicle Unit; Police and Criminal Police Officers; the Police Corps Presidium; the Risk Analysis and Coordination Division; the Risk Analysis and Statistics Department; the Human Trafficking Unit; the Centre for Combating Trafficking in Human Beings and Crime Prevention; the National Unit for Combating Illegal Migration; and the Local and National Police) to monitor compliance with the prohibition of illegal employment and trafficking of third-country nationals. The Committee also notes the information from the 2017 Report that in 2017 the labour inspection system carried out 19,467 inspections on illegal employment and 14,885 labour inspections on legal provisions under the Labour Code relating to wages, hours of work, employment contracts, as well as employment relationships.

The Committee recalls that, pursuant to Article 3(1) and (2) of Convention No. 81 and Article 6 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. In its 2006 General Survey, Labour inspection, paragraph 78, the Committee indicated that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working. Referring to paragraph 452 of the 2017 General Survey on certain occupational safety and health instruments, the Committee reminds the Government that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. The Committee requests the Government to take specific measures 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 provided for in Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It also once again requests the Government to provide information on action undertaken by the National Labour Inspectorate to ensure the enforcement of employers’ obligations with regard to the statutory rights of workers found to be in an irregular situation. It further asks the Government to provide information on the number of cases in which workers found to be in an irregular situation have been granted their due rights, such as the payment of outstanding wages or social security benefits.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee previously noted that, pursuant to section 2(1)(a)(iv) of Act No. 125/2006 (on Labour Inspection and on the amendment of Act No. 82/2005, on Illegal Work and Illegal Employment), labour inspectors are, among others, entrusted with the control of illegal work and employment, including with the control of the legality of the residence of foreign workers. The Committee notes the Government’s statement that, in addition to the National Labour Inspectorate, labour inspections are also carried out by the Central Office of Labour, Social Affairs and Family, as well as the regional Offices of Labour, Social Affairs and Family, to ensure that the monitoring of migration laws does not hinder inspections related to workers’ rights. The Government indicates that in 2013, 15,974 inspections focused on illegal employment and work were carried out by the National Labour Inspectorate. These inspections detected 541 enterprises illegally employing a total of 1,054 persons, 12 of whom were migrant workers, and resulted in the imposition of 330 fines. The Government also indicates that illegally employed workers are not socially insured, and are therefore not eligible for benefits. The Committee notes the Government’s indication that the number of inspections focused on illegal employment and work increased by approximately 80 per cent from 2012 to 2013.

In this regard, the Committee notes the information in the 2012 Report on the status of work and activities of state administration in the area of labour inspection (submitted by the Government), that in terms of hours engaged in monitoring, labour inspectors spent the most time performing inspections aimed at monitoring occupational safety and health. However, the same report for 2013 (available on the website of the National Labour Inspectorate) indicated that more time was spent performing inspections to control illegal employment, while inspections concerning occupational safety and health had fallen to second. In this regard, the Committee recalls that pursuant to Article 3(2) of the Convention, additional duties that are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers should only be assigned to labour inspectors in so far as they do not interfere with their primary duties. With reference to paragraph 78 of its 2006 General Survey on labour inspection, it also recalls that to be compatible with the protective function of labour inspection, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers. The Committee asks that the Government provide further information on the measures taken, in accordance with Article 3(2) of the Convention, to ensure that any other functions entrusted to labour inspectors do not interfere with the effective discharge of their primary duties. It also asks for information on action undertaken by the labour inspectorate to ensure the enforcement of employers’ obligations with regard to the statutory rights of the workers found to be irregularly employed.

Article 6. Status and conditions of service of labour inspectors. The Committee previously noted that labour inspectors are civil servants governed by the Act on the Civil Service and that pursuant to this Act, civil servants could be employed as temporary or permanent civil servants. The Committee notes the Government’s statement that, as labour inspectors are governed by the Act on the Civil Service, they enjoy the same protection as other civil servants. The Government indicates that temporary civil servants are usually used when there is a need to fill a vacancy position in a public institution for a specified period of time, and that the worker is informed of this prior to recruitment. The Committee asks that the Government provide information on the total number, as well as the proportion, of labour inspectors who are engaged as temporary civil servants. It also asks that the Government indicate any measures taken or envisaged to ensure that the conditions of service of inspectors are such that they are assured of stability of employment and independence from any improper external influence, in conformity with Article 6.

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

The Committee notes that the Government’s report on the application of the Convention has not been received. It notes that the Government has sent reports on the work of the labour inspection services, as previously requested by the Committee under Articles 20 and 21 of the Convention. The Committee will examine the information in the labour inspection reports for 2011 and 2012 together with the Government’s report, once it has been received. The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the comprehensive and full information on the application of the provisions of the Convention in the Government’s first report.

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes that, in conformity with section 2(1)(a)(iv) of Act No. 125/2006 on Labour Inspection (AIE), as amended and in conformity with Act No. 82/2005, Coll. on Illegal Work and Illegal Employment, as amended (AIWIE), labour inspectors are among others entrusted with the control of illegal work and employment, including with the control of the legality of residence of foreign workers. It notes, from the information, available on the website of the National Labour Inspectorate, that in the second semester of 2010, 14,060 inspection visits were carried out of which 4,017 inspections (28.57 per cent) were related to illegal employment. It further notes that during this period, labour inspectors detected 342 violations of the AIWIE, of which 225 related to foreign workers working without the required residence permit (section 2(1)(b) AIWIE). The Committee further understands that in accordance with the AIWIE, labour inspectors are empowered to fine foreign workers when they are employed without holding a residence permit and that joint inspections were conducted with the police in the area of illegal employment.

The Committee recalls that, as indicated in paragraphs 76–78 of its 2006 General Survey on labour inspection with regard to the increasing tendency to link inspections of clandestine work and irregular migration, the primary duty of labour inspectors is to protect workers and not to enforce immigration law. Efforts to control the use of migrant workers in an irregular situation require the mobilization of considerable resources in terms of staff, time and material resources, which inspectorates can only provide to the detriment of their primary duties. Moreover, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection. As a general rule, only the employer should be held accountable for illegal employment with the workers involved in principle being seen as victims. The Committee has therefore welcomed the initiative of certain governments to relieve the inspectorate of the task of policing illegal employment and transfer it to another body.

The Committee therefore requests the Government to indicate the measures taken or envisaged, including the amendment of section 2(1)(b) of the AIWIE so as to ensure that the functions of enforcing migration law are dissociated from those of controlling the observance of workers’ rights.

The Committee also requests the Government to indicate the activities carried out by the labour inspectorate in the area of illegal employment (numbers, scope and nature of controls carried out, nature of violations found, legal proceedings instituted, as well as the remedies applied and sanctions imposed) as well as their impact on the enforcement of legal provisions relating to conditions of work and the protection of workers.

The Committee finally asks the Government to indicate the manner in which the labour inspection ensures the enforcement of employers’ obligations with regard to the statutory rights of undocumented foreign workers for the period of their effective employment relationship (e.g. the establishment of effective national mechanisms to recover outstanding remuneration and social security benefits).

Article 5(b) of the Convention. Collaboration with the social partners. The Committee notes that cooperation between representatives of the Ministry and representatives of employers’ and employees’ organizations at the national level takes place through the Economic and Social Council in accordance with Act No. 103/2007, Coll. on Tripartite Consultations at the National Level and on the amendment of certain acts (the Tripartite Act). The Committee would be grateful if the Government would provide information on any activities of the Council in relation to labour inspection and a copy of any relevant documentation.

Article 6 of the Convention. Status and conditions of service of labour inspectors. The Committee notes that in conformity with sections 10(1) and 11 LIA, labour inspectors are civil servants governed by Act No. 400/2009 on the Civil Service (CSA), and are required to have completed special (theoretical and practical) training and passed a written and oral examination before an expert commission before being eligible to the post of labour inspector. Noting that civil servants under the CSA can be employed as temporary or permanent civil servants, the Committee asks the Government to specify the manner in which labour inspectors are ensured of stability of employment as required by Article 6.

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

The Committee notes with interest the comprehensive and full information on the application of the provisions of the Convention in the Government’s first report.

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes that, in conformity with sections 2(1)(a)(iv) of Act No. 125/2006 on Labour Inspection (AIE), as amended and in conformity with Act No. 82/2005, Coll. on Illegal Work and Illegal Employment, as amended (AIWIE), labour inspectors are amongst others entrusted with the control of illegal work and employment, including with the control of the legality of residence of foreign workers. It notes, from the information, available on the website of the National Labour Inspectorate, that in the second semester of 2010, 14,060 inspection visits were carried out of which 4,017 inspections (28.57 per cent) were related to illegal employment. It further notes that during this period, labour inspectors detected 342 violations of the AIWIE, of which 225 related to foreign workers working without the required residence permit (section 2(1)(b) AIWIE). The Committee further understands that in accordance with the AIWIE, labour inspectors are empowered to fine foreign workers when they are employed without holding a residence permit and that joint inspections were conducted with the police in the area of illegal employment.

The Committee recalls that as indicated in paragraphs 76–78 of its 2006 General Survey on Labour Inspection with regard to the increasing tendency to link inspections of clandestine work and irregular migration, the primary duty of labour inspectors is to protect workers and not to enforce immigration law. Efforts to control the use of migrant workers in an irregular situation require the mobilization of considerable resources in terms of staff, time and material resources, which inspectorates can only provide to the detriment of their primary duties. Moreover, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection. As a general rule, only the employer should be held accountable for illegal employment with the workers involved in principle being seen as victims. The Committee has therefore welcomed the initiative of certain governments to relieve the inspectorate of the task of policing illegal employment and transfer it to another body.

The Committee therefore requests the Government to indicate the measures taken or envisaged, including the amendment of section 2(1)(b) of the AIWIE so as to ensure that the functions of enforcing migration law are dissociated from those of controlling the observance of workers’ rights.

The Committee also requests the Government to indicate the activities carried out by the labour inspectorate in the area of illegal employment (numbers, scope and nature of controls carried out, nature of violations found, legal proceedings instituted, as well as the remedies applied and sanctions imposed) as well as their impact on the enforcement of legal provisions relating to conditions of work and the protection of workers.

The Committee finally asks the Government to indicate the manner in which the labour inspection ensures the enforcement of employers’ obligations with regard to the statutory rights of undocumented foreign workers for the period of their effective employment relationship (e.g. the establishment of effective national mechanisms to recover outstanding remuneration and social security benefits).

Article 5(b) of the Convention. Collaboration with the social partners. The Committee notes that cooperation between representatives of the Ministry and representatives of employers’ and employees’ organizations at the national level takes place through the Economic and Social Council in accordance with Act No. 103/2007, Coll. on Tripartite Consultations at the National Level and on the amendment of certain acts (the Tripartite Act). The Committee would be grateful if the Government would provide information on any activities of the Council in relation to labour inspection and a copy of any relevant documentation.

Article 6 of the Convention. Status and conditions of service of labour inspectors. The Committee notes that in conformity with sections 10(1) and 11 LIA, labour inspectors are civil servants governed by Act No. 400/2009 on the Civil Service (CSA), and are required to have completed special (theoretical and practical) training and passed a written and oral examination before an expert commission before being eligible to the post of labour inspector. Noting that civil servants under the CSA can be employed as temporary or permanent civil servants, the Committee asks the Government to specify the manner in which labour inspectors are ensured of stability of employment as required by Article 6.

Articles 20 and 21 of the Convention. Annual report on the work of the labour inspection services. The Committee notes that the Government indicates that it has published an annual report on the work of the labour inspectorate but has not provided the ILO with a copy. It further notes that while an annual labour inspection report does not seem to be published on the website of the National Labour Inspectorate, this website contains detailed information on the activities of the labour inspectorate, including amongst others, information on the number of inspection visits carried out and statistics of industrial accidents and cases of occupational diseases. The Committee would be grateful if the Government would take steps to publish and communicate to the ILO an annual report on the work of the labour inspectorate, in accordance with Article 20 of the Convention which includes information all the items under Article 21 (a)–(g) of the Convention.