Observación (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Estonia

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 2005)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 2005)

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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 functions entrusted to labour inspectors. Following its previous comments, the Committee notes the Government’s indication in its report that, during inspections, labour inspectors verify the working conditions of migrant workers and whether they are treated equally compared to other employees. The Government indicates, however, that the right for migrant workers to work in Estonia is regulated by the Aliens Act, which is enforced by the police and by the border guard, and not by labour inspectors. The Committee notes that, according to the Government, labour inspectors notify the police and the border guard upon finding migrant workers who are not legally entitled to remain in the country, and that they cooperate with the police, the border guard and the Tax and Customs Board in joint inspections. On this issue, the Committee once again refers the Government to its 2006 General Survey on labour inspection, paragraph 78, and emphasizes that the objective of labour inspection can only be met if workers are convinced that the primary task of the inspectorate is to enforce legal provisions relating to conditions of work and protection of workers. The Committee also observes that the Government does not provide information on the measures taken by labour inspectors to enforce employers’ obligations regarding the rights of migrant workers in an irregular situation, such as the payment of wages and social security benefits, for the period of their effective employment relationship. The Committee once again requests the Government to indicate how it ensures that labour inspectors’ participation in joint inspections does not interfere with the effective discharge of their primary duties under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. In addition, the Committee urges the Government to indicate the specific role, if any, played by the labour inspectorate in: (i) enforcing employers’ obligations arising from the rights of undocumented migrant workers, such as payment of wages or social security benefitsfor the period of their effective employment relationship, especially in cases where workers are liable to expulsion from the country; and (ii) regularizing the employment relationship of migrant workers found to be working in an irregular situation, including the numbers of undocumented migrant workers assisted in each of these areas.

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