Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 81) sur l'inspection du travail, 1947 - Belgique (Ratification: 1957)

Also referring to its observation, the Committee notes that, among the objectives of the labour inspectorate for 2006, cross-boundary fraud must take priority. Each region has determined two sectors of activity on which to specifically focus controls. These are sectors in which controls conducted are likely to lead to significant regularization with respect to social security contributions. The choice of sectors has been made in collaboration with the National Social Security Office.

The Committee notes that the system for combating trafficking in human beings rests on a difficult compromise between, on the one hand, the wish to protect victims and offer them prospects for the future and, on the other hand, the need to combat the networks effectively. In this context, the victims of trafficking who agree to collaborate with the judicial authorities and go to a special reception centre are eligible for a specific residence status. In May 2001, the social inspection services and the social legislation inspection services conducted systematic joint controls with regard to social legislation (construction, renovation, clothing manufacture, exotic restaurants, agri-horticulture, etc.). Since then, annual plans for the sectors to be monitored have been drawn up (monthly activities with police, labour auditor, etc.). During these investigations, inspectors have not only ensured that regulations governing conditions of work for male and female workers have been observed; they have also gathered useful information for detecting possible networks involved in the trafficking of human beings.

The Committee notes that the diagram showing the procedure for assisting victims under the policy towards trafficking in human beings indicates that, where persons in an irregular situation are intercepted by a service, if it emerges that they are not the victims of trafficking, they are subject to dismissal, an order to leave the national territory, and a compulsory residence order or a residence ban. The Committee would be grateful if the Government would indicate the manner in which it is ensured that, firstly, labour inspection controls targeting illegal or unauthorized employment do not jeopardize the inspection of conditions of work (wages, working hours, leave, etc.) and, secondly, that persons intercepted at a workplace where they are in an irregular situation can recover their social rights before being expelled.

Entry into private homes. The Committee notes that, according to the sources available to the ILO, the question of the free right of entry of labour inspectors in workplaces liable to inspection is currently under discussion within the legislative bodies. It reiterates that, according to Article 12, paragraph 1, of the Convention, inspectors must be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. It would be grateful if the Government would supply information with regard to the relevant legal provisions and their application in practice, and also with regard to any developments resulting from the legislative discussions in this respect.