Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Fiji (Ratification: 2010)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

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 Convention No. 81 (labour inspection) and Convention No. 129 (labour inspection in agriculture) together.

Legislative reforms. The Committee notes that the Government report does not contain information on the progress made in relation to the adoption of the Bill amending the Employment Relation Act 2007 (ERA). The Committee therefore requests the Government to provide up to date information on progress achieved in the ongoing legislative review process and to provide a copy of the legislation once adopted.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties of labour inspectors. Further to its previous comments on conciliation and mediation functions, the Committee notes the Government’s indication that: (i) the process of mediations and conciliation are undertaken by appointed mediators who are separate from labour inspectors under the ERA; (ii) the mediators are part of the Mediation Unit within the Ministry of Employment, Productivity & Industrial Relations (MEPIR); and (iii) the mediators deal with employment grievances such as dismissal, disadvantage, duress, discrimination and sexual harassment. The Committee takes note of this information which addresses its previous request.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22, 23 and 24 of Convention No. 129. Effective cooperation between the inspection services and other Government services. Effective enforcement of labour law violations. The Committee notes that, in reply to its previous comment, the Government indicates that there are 12 labour inspectors that are trained and appointed to be prosecutors before the Employment Relations Tribunal (ERT) for breaches of the ERA. The Government indicates that when employers fail to comply with any written demand issued by a labour inspector, charges are filed in the ERT by any of the prosecution officers with the approval of the Permanent Secretary for Employment. Regarding the numbers of proceedings initiated by inspectors, the Government indicates that in 2018, 184 cases were pending before the ERT for adjudication. The Committee requests the Government to continue to provide detailed information on cases referred to the ERT by the labour inspectorate, including their outcome, such as the number of convictions in relation to the infringements reported, nature of sanctions applied and amount of fines imposed.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes that, in reply to its previous comment, the Government indicates that (i) the labour inspectors are recruited under the Fijian Civil Service Open Merit Recruitment and Selection Guideline 2021; (ii) vacant labour inspectors positions are advertised in the newspaper including social media platforms; and that (iii) labour inspectors are given contracts for up to three years, based on the performance. The Government also indicates that labour inspectors are remunerated according to the Fijian Government’s wages and salary structure, with a starting salary of FJ$20,509, and that the salary can increase within the salary band structure based on performance. Moreover, the Government indicates that the terms and conditions of employment of labour inspectors are covered by General Orders and their employment contract. The Committee draws once again the Government’s attention to paragraph 203 of its 2006 General Survey on labour inspection, in which the Committee emphasized that, as public servants, labour inspectors are generally appointed on a permanent basis and can only be dismissed for serious professional misconduct. The Committee once again requests the Government to ensure that all labour inspectors are public servants. The Committee also requests the Government to ensure that all labour inspectors are recruited on a permanent basis so as to guarantee them full stability of employment and ensure that they are independent of changes of government and any improper external influences in accordance with Article 6 of Convention No. 81 and Article 8 of Convention No. 129. The Committee further requests the Government to provide information comparing compensation for labour inspectors to compensation of officials with comparable job responsibilities such as tax inspectors and police.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Initial and continuous training of labour inspectors. In reply to the Committee’s previous comment, the Government indicates that: (i) two labour inspectors attended the Labour Inspection Academy Training in Italy in November 2017, in which the labour inspectors formulated labour inspection audit plans and procedures; (ii) 35 inspectors received specialized enforcement and compliance training in March 2017; and (iii) in September 2021, labour inspectors participated in a training on combating child labour in Fiji, on labour inspections in the informal sector, referral procedures and trauma-informed approach for the victims. The Committee requests the Government to continue to provide information on the training provided to labour inspectors (subjects covered, number of participants, and duration).

Articles 8, 10 and 16 of Convention No. 81 and Articles 10, 14, and 21 of Convention No. 129. Sufficient number of labour inspectors. Inspections conducted as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions. In reply to the Committee’s previous comment, the Government indicates that in 2018 there were five labour standard officers, 23 workers compensation officers and 62 occupational health and safety (OSH) inspectors while in 2022 there were 33 labour standards offices and 28 OSH inspectors. The Committee notes that the Government provided details concerning the number of female inspectors. Moreover, the Government indicates that labour inspectors have the necessary technical qualifications and specialized skills required to carry out their duties effectively in accordance with the ERA and Health and Safety at Work Act 1996. The Committee also notes that 2,809 unannounced labour inspections were conducted between August 2017 and April 2018, and that 2,731 inspections were conducted in 2022. Noting an increase in the number of labour standards officers but a decrease in the number of OSH inspectors, the Committee requests the Government to continue to provide information on the number of inspectors, including those assigned to the workers compensation office and to provide information on the reasons for the decrease in the number of OSH inspectors. The Committee also requests the Government to continue to provide information on the number of labour inspections conducted, including the number of unannounced inspection visits.

Article 11 of Convention No. 81 and Article 15 of Convention No. 129. Human and financial resources necessary for the discharge of the duties of the labour inspectorate. The Committee notes that in reply to its previous comment, the Government indicates that: (i) the MEPIR’s budget was reduced from FJ$10.7 million in 2020–21 to FJ$9.6 million in 2021–22 due to the COVID-19 pandemic; (ii) the budget allocated to the labour inspection service decreased from FJ$6.8million in 2018 to FJ$4.8 million in 2022; (iii) new leased vehicles were provided and are easily accessible to the inspectors in order to carry out their duties effectively at district and divisional levels; (iv) labour inspectors are provided with personal protective equipment (PPE) at no cost for the inspectors; and (v) meal allowance and accommodation are provided to the inspectors when they work outside their own district. The Committee requests the Government to continue to provide information on material resources allocated to the labour inspectorate.

Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129. Free access of labour inspectors to workplaces liable to inspection at any hour of the day or night. The Committee notes that in reply to the Committee’s previous comment, the Government refers once again to section 19 of the ERA which empowers inspectors to enter workplaces at all reasonable times. The Committee recalls once again that Article12(1)(a) of Convention No. 81 and Article16(1)(a) of Convention No. 129 provide that labour inspectors shall be empowered to enter freely and without previous notice “at any hour of the day or night” any workplace liable to inspection, and Article12(1)(b) of Convention No. 81 and Article16(1)(b) of Convention No. 129 provide that labour inspectors should be empowered to enter “by day” any premises which they may have reasonable cause to believe to be liable to inspection. Therefore, the Committee requests the Government to provide information on the measures adopted in order to bring national legislation in compliance with Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129.

Articles 19, 20 and 21 of Convention No. 81 and Articles 24, 25, 26 and 27 of Convention No. 129. Publication and communication of annual inspection reports. The Committee notes that no labour inspection report has been published and transmitted to the ILO. The Committee also notes the Government’s indication that the ILO and the Ministry of Employment (MEPIR) are working towards developing a paperless labour inspection system to harness digital and mobile technology. The system would ensure that all data collected is correct, and decision making is fact based. The Committee encourages the Government to continue its efforts to ensure: (i) the publication of an annual report on the activities of the labour administration; (ii) that the report contains all the information envisaged under Article 21 of Convention No. 81 and Article 27 of Convention No. 129; and (iii) that the report is transmitted to the ILO in the form and within the time limits provided under Article 20 of Convention No. 81 and Article 26 of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Articles 9 and 11 of Convention No. 129. Recruitment and training of labour inspectors. Further to its previous comments on training provided to labour inspectors concerning specific risks in agriculture, the government refers to the collaboration between the Ministry of Agriculture and the MEPIR but does not provide information on the training provided to labour inspectors concerning specific risks in agriculture. The Committee requests once again that the Government provide information on any training given to labour inspectors concerning specific risks in agriculture (such as risks associated in the use of machines, the handling of animals, etc.).

Articles 6(1), 12 and 13 of Convention No. 129. Preventive activities of labour inspectors in agriculture. Cooperation of the labour inspection services in agriculture with other bodies exercising similar functions and collaboration with employers and workers or their organizations. In reply to the Committee’s previous comment, the Government indicates that the inspections conducted by the labour standards officers in the agricultural sector cover mainly commercial farmers or farms. An area of focus for inspections has been on the employment of children in sugar cane farms to comply with the Sugar Fair Trade Agreement with the European Union. The Committee notes that the Government does not provide information on the preventive activities of labour inspectors in the agricultural sector and on the collaboration with other relevant bodies in this matter. Therefore, the Committee requests once again that the Government provide information on preventive activities of labour inspectors in the agricultural sector, including any cooperation with other bodies exercising similar functions and collaboration with employers and workers or their organizations.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

Legislative reforms. The Committee notes the Government’s indication, in reply to the Committee’s previous request concerning developments in relation to the proposed amendments to the scope of the Employment Relation Promulgation 2007 (ERP) and the Health and Safety at Work Act (HSWA), that a Bill amending the ERP will soon be presented to Parliament. The Committee requests that the Government continue to provide information on any legislative changes and provide a copy of any relevant legal texts, once that they have been adopted.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Scope of the functions of labour inspectors in practice under the HSWA. The Committee notes the information provided by the Government, in reply to its previous request concerning any additional functions assigned to labour inspectors, that they spend about 60 per cent of their time on labour inspection functions, and about 40 per cent of their time on assisting to resolve internal grievances and complaints through dialogue and good faith meetings.

The Committee wishes to call the Government’s attention to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), which provides that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. The Committee also recalls its indications made in paragraph 74 of the 2006 General Survey on labour inspection that assigning conciliation and mediation in a collective labour dispute to a specialized body or officials, enable labour inspectors to carry out their supervisory function more consistently and that this should result in better enforcement of the legislation and hence a lower incidence of labour disputes. The Committee requests that the Government provide information on the consideration given of the need to disassociate the functions of conciliation and mediation from the labour inspection functions and entrust them to another body.

Articles 5(a), 17, 18 of Convention No. 81 and Articles 12, 22, 23 and 24 of Convention No. 129. Effective enforcement of labour law violations. In reply to the previous request, the Committee notes the Government’s indication that there are currently six labour inspectors acting as prosecutors and legal representatives of workers before the Employment Relations Tribunal and the Employment Relations Court. The Committee notes from the first report of the Government that employers are given ample time to respond to compliance notices. It also notes that the Government has not provided further information on cooperation with the judicial system and the number and particulars of proceedings initiated by labour inspectors. The Committee requests the Government to include in the report supplementary information on cooperation with the judicial system and the number and particulars of proceedings initiated by inspectors.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. In its previous comment, the Committee requested the Government to provide information on the measures taken or envisaged to ensure that the status and the conditions of service of labour inspectors are such that they are assured of stability of employment and independence from any external influence. In this respect, the Committee notes that the Government indicates that the employment contract concluded with labour inspectors provides employment stability and regulates matters such as wages and allowances, the procedures for renewal of contracts, promotion, etc.

In this respect, the Committee would like to draw the Government’s attention to paragraph 203 of its 2006 General Survey on labour inspection, in which the Committee emphasized that, as public servants, labour inspectors are generally appointed on a permanent basis and can only be dismissed for serious professional misconduct. Noting that the Government refers to an employment contract, the Committee requests that the Government ensure that all labour inspectors and assistant labour inspectors are public servants. The Committee also requests the Government to ensure that all labour inspectors are recruited on a permanent basis so as to guarantee them full stability of employment and ensure that they are independent of changes of government and any improper external influences. Please also give details on the statute governing the conditions of service of labour inspectors (such as wages and benefits, etc.).

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Initial and continuous training of labour inspectors. In its previous comment, the Committee requested the Government to provide details on the training provided to labour inspectors concerning their primary duties. In this respect, the Committee notes the information that two senior labour inspectors participated in a training course in the ILO International Training Centre (ITC-ILO) in Turin and engaged in consultation with their colleagues on how to improve labour inspection in the country. The Government also refers to training on inspection procedures at the district and divisional levels without providing more detailed information. The Committee also notes the information provided that the recruitment criteria for labour inspectors have been revised. The Committee once again requests that the Government provide information on the number of labour inspectors that received training, the subjects of such training (child labour, freedom of association, wages and working time, occupational safety and health, etc.) and the duration of this training. The Committee also requests further information on the new recruitment criteria, and where applicable, a copy of any relevant document.

Articles 8 and 10 of Convention No. 81 and Articles 10 and 14 of Convention No. 129. Number of labour inspectors and women inspections and special duties entrusted to them. The Committee notes with interest the detailed information regarding the number of women labour inspectors as well as their special duties. The Committee notes from the first report of the Government that there were a total of 75 officers engaged in labour inspection work in the units of the Labour Compliance Service, the Occupational Safety and Health Inspectorate and the Workmen’s Compensation Service. The Committee requests that the Government provide information on the current number of labour inspectors working within the labour inspection services, including information on their specialization (such as general working conditions and occupational safety and health).

Article 11 of Convention No. 81 and Article 15 of Convention No. 129. Material resources of the labour inspection system. In its previous comment, the Committee noted the information provided by the Government on the practical difficulties encountered in the application of the Convention, including a large number of employers, overlapping national laws, lack of transportation means in light of the country’s geographical situation, lack of awareness, etc.

In this respect, the Committee notes that the Government provides the information requested by the Committee on the total amount allocated to the labour inspection system, but that it does not provide the requested information concerning the proportion of the national budget allocated to labour inspection. The Committee further notes the information provided by the Government on the material means available to the labour inspection services, including the number of vehicles, and information on other means, such as personal protective equipment, desktops, printers and stationery. The Committee once again requests that the Government indicate the proportion of the national budget allocation to the labour inspection system. Please also provide information on the number of workplaces which have been inspected and also those which are liable, as well as the number of workers employed in these workplaces. Since the Government has not provided the information on the procedures for the repayment of duty travel expenses, the Committee also once again requests the Government to provide this information.

Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129. Free access of labour inspectors to workplaces liable to inspection at any hour of the day or night. The Committee notes that section 19(2) of the ERP 2007 provides that labour inspectors may only enter workplaces “at any reasonable time”, whereas Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129 provide that labour inspectors shall be empowered to enter freely and without previous notice “at any hour of the day or night” any workplace liable to inspection, and Article 12(1)(b) of Convention No. 81 and Article 16(1)(b) of Convention No. 129 provide that labour inspectors should be empowered to enter “by day” any premises which they may have reasonable cause to be believe to be liable to inspection.

The Committee recalls its indications made in paragraph 269 of its 2006 General Survey on labour inspection that the term “reasonable time” without defining the term constitutes a limitation to the scope of the prerogative in Article 12(1) of Convention No. 81 and Article 16(1) of Convention No. 129 concerning the timing of visits of inspections. The Committee further emphasized, in paragraph 270 of this General Survey, that the protection of workers and the technical requirements of inspection should be the primordial criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped. It finally emphasized that it should be for the inspector to decide whether a visit is reasonable, noting that obviously, inspections should only be carried out at night or outside working hours where this is warranted. The Committee therefore requests that the Government give consideration, in the current initiatives to reform the national legislation, to bring section 19(2) of the ERP 2007 into conformity with the requirements set out in Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129.

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Number of inspection visits. The Committee notes that the Government has indicated that in 2014, labour inspectors conducted 2,735 inspection visits, out of which all 2,735 were surprise visits. The Committee also understands that the inspections under the HSWA are required by law at specified periods. The Committee requests that the Government indicate the number of inspection visits in relation to the number of registered workplaces, as per the register maintained by the Ministry, as well as the relevant legal provisions that require inspections. The Committee also requests that the Government indicates the number of unannounced visits that were not made in response to a complaint.

Articles 19, 20 and 21 of Convention No. 81 and Articles 24, 25, 26 and 27 of Convention No. 129. Publication and communication of annual reports on the work of the labour inspection services. The Committee notes that no annual report on the work of the labour inspection services has yet been received. The Committee nevertheless notes the Government’s indication that it is working on publishing this report. It also notes the Government’s indication on the existence of a register of workplaces liable to inspection and workers employed therein, the number of inspection visits undertaken, and other relevant information. In view of the statistical information that is already available, the Committee requests that the Government make every effort to publish and communicate to the ILO, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, an annual report on the work of the labour inspection services, including labour inspection services in agriculture (either as a separate report, or as part of its general annual report), containing the information required in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129, to allow the Committee to assess the application of the Conventions in practice.

Issues specifically concerning labour inspection in agriculture

Articles 5, 6(1), 12 and 13 of Convention No. 129. Preventive activities of labour inspectors in agriculture. Cooperation of the labour inspection services in agriculture with other bodies exercising similar functions and collaboration with employers and workers or their organizations. The Committee notes the information provided by the Government concerning the awareness-raising activities of workers and farmers involved in sugar cane farming (in cooperation with the Ministry of Sugar, the Fiji Sugar Corporation Limited, Fiji Sugar Cane Growers Council and Fiji Cane Producers Association), a sector which provides the means of livelihood for more than half of the Fijian population. The Committee also notes the actions undertaken to withdraw children working in hazardous environment, and the cooperation with other national and international organizations concerning the specific issues relating to children working in the agricultural sector, and especially in the sugar industry. The Committee requests that the Government provide further information regarding preventive activities of labour inspectors in the agricultural sector, including in collaboration with tripartite organizations, other government ministries, and international preventative initiatives.

Articles 9 and 11 of Convention No. 129. Recruitment and training of labour inspectors. In reply to the previous request of the Committee concerning specific training of labour inspectors in agricultural matters, the Government indicates that inspectors in the agricultural sector are not given specialized training relating to chemicals and handling of chemicals, but that OSH inspectors are associated in inspections with specialized skills in this regard. The Committee once again requests that the Government provide information on any training provided to labour inspectors concerning specific risks in agriculture (including such as risks associated in the use of machines, the handling of animals, etc.).

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s first report under the Convention.

With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee would be grateful if the Government would communicate the requested information in so far as labour inspection in agriculture is specifically concerned. The Committee also draws the Government’s attention to the following points.

Articles 26 and 27 of the Convention. Annual reports on labour inspection in agriculture. The Committee notes that no annual report on the work of the labour inspection services in agriculture has been received. Moreover, contrary to the Government’s indications, the annual reports on the work of the labour inspection services do not seem to be published on the website of the Ministry of Labour, Industrial Relations and Employment. The Committee noted in its 2011 comment under Convention No. 81, the difficulties referred to by the Government relating to the fact that annual reports had not been approved by Parliament. In the absence of any information on labour inspection activities in agriculture, as required by Article 27(a) to (g) of the Convention, such as statistics of agricultural undertakings liable to inspection and the number of persons working therein, statistics of inspection visits in agricultural undertakings, for example, in important economic sectors such as the sugar industry, statistics of violations and penalties imposed, as well as statistics of occupational accidents and occupational diseases, the Committee is not in a position to make an informed assessment of the application of the Convention. Referring to its related comments under Convention No. 81, the Committee asks the Government to make every effort to publish and communicate to the ILO, in accordance with Article 26 of the Convention, an annual report on the work of the labour inspection services in agriculture, either as a separate report, or as part of its general annual report, containing the information required in Article 27(a) to (g) of the Convention.

Article 5. Scope of labour inspection with regard to specific categories of workers in the agricultural sector. The Committee notes that the Government has only provided very brief information under this Article. The Committee would therefore be grateful if the Government would indicate whether any special problems have been encountered by the labour inspection service in agriculture, in the exercise of its functions in respect of the categories of persons enumerated in paragraph 1(a)–(c) of this Article and any practical measures taken to resolve these problems.

Articles 12 and 13. Cooperation between the labour inspection services and other government services and public institutions, as well as collaboration with employers and workers or their organizations. The Committee notes that the Government refers to the areas of competence of the Ministry of Agriculture but does not provide any information on cooperation between the Ministry of Agriculture and the labour inspection services. The Committee also notes the Government’s reference to the Employment Relations Promulgation No. 36 of 2007 (ERP 2007), which specifies, in section 19(5), that labour inspectors may advise and assist employers and workers on particular or general employment relations matters and provide information, advice, awareness or training to employers and workers or their organizations. However, the Government does not indicate how this provision is applied in practice. The Committee would be grateful if the Government would provide information on any cooperation in practice between the labour inspection services and the Ministry of Agriculture, or other government services or public institutions. It also requests the Government to provide information on the measures taken to promote collaboration between officials of the labour inspectorate in agriculture and employers’ and workers’ organizations. With regard to the last point, the Committee draws the Government’s attention to Paragraphs 10 and 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133).

Articles 6, 9 and 14. Specific skills needed by labour inspectors for the discharge of their duties in agricultural undertakings. The Committee understands from the Government’s report on the application of Convention No. 81, that there are no labour inspectors specializing in agriculture. It further notes the information that all labour inspectors are selected by the Fiji Public Service Commission through interviews and that they receive initial and subsequent training, amongst others in the area of enforcement and occupational safety and health. The Committee requests the Government to indicate whether the selection process covers issues specifically related to agriculture (e.g. the handling of pesticides and other chemicals) and to provide information on the training provided (the subjects covered, the frequency of such training and number of participants, etc.) to enable labour inspectors to acquire the technical knowledge required to perform their duties adequately in the agricultural sector. In this regard, the Committee would like to draw the Government’s attention to Paragraphs 4–7 of Recommendation No. 133 concerning labour inspection in agriculture and the minimum qualifications needed by labour inspectors called upon to work in the agricultural sector.