Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 129) sur l'inspection du travail (agriculture), 1969 - Pays-Bas (Ratification: 1973)

The Committee notes the Government’s report received in August 2009 in reply to its previous comments, which related to the communication of the annual report on the labour inspection services in agriculture and the limitation of the competence of labour inspectors, an issue which was raised in 2003 by the Netherlands Trade Union Confederation (FNV).

Articles 26 and 27 of the Convention. Extent of the obligation respecting the annual report on the work of the inspection services. With reference to its previous comments, in which it requested the Government to provide the ILO with the annual inspection reports mentioned, but which were not received, the Committee notes that these reports are now published on the Internet site of the labour inspectorate and are therefore accessible to any person interested. The Committee however observes that the presentation of the information published does not allow an assessment to be made of the specific operation of the labour inspection services in agricultural undertakings in the light of the present Convention. Furthermore, the Government has not provided a detailed report under article 22 of the ILO Constitution on the application of the Convention for many years. The Committee therefore reminds the Government of the need to take measures for the inclusion, either in a separate report or as part of its general report on the work of the inspection services (Article 26), information on the laws and regulations relevant to the work of labour inspection in agriculture and on the staff of the labour inspection service in agriculture; statistics of agricultural undertakings liable to inspection and the number of persons working therein (both permanent and seasonal workers); statistics of inspection visits, violations and penalties imposed (clauses (a) to (e) of Article 27).

With reference in particular to statistics of industrial accidents and occupational diseases, including their causes (clauses (f) and (g) of Article 27), in respect of which the Government indicated in its report in 2000 that they are not compiled by the inspectorate but by the Central Bureau of Statistics and the Netherlands Centre for Occupational Diseases, respectively, the Committee recalls that, pursuant to Article 12, paragraph 1, the competent authority shall make appropriate arrangements to promote effective cooperation between the inspection services in agriculture and government services and public or approved institutions which may be engaged in similar activities and that, pursuant to Article 19, paragraph 1, the labour inspectorate in agriculture shall be notified of occupational accidents and cases of occupational disease in the agricultural sector. The Committee therefore once again urges the Government to take measures to promote cooperation between the labour inspectorate and the above institutions with a view to the inclusion of statistics of industrial accidents and of cases of occupational disease in agricultural undertakings, as well as information on their causes, in the annual report required under Articles 26 and 27.

Even if, as the Government indicated in previous reports, statistics on occupational accidents and diseases are used by the labour inspectorate to orient its prevention activities, it is important that this information can also be examined by the social partners in correlation with the other information contained in the annual report so as to offer them the possibility of making proposals for the improvement of the situation.

Article 3, paragraph 1(a). Competence of the labour inspectorate. Further to its previous comments on the subject of the limitation of the competence of the labour inspectorate, an issue raised in 2003 by the FNV, the Committee notes the explanations provided by the Government, according to which labour inspectors are not empowered to monitor the application of the provisions of collective agreements on working conditions, but have been authorized since 2007 to verify compliance by employers with the provisions respecting the national compulsory minimum wage and holiday pay, as periodically revised (these provisions apply to all workers, whether national or foreign, permanent or temporary, although there is a differentiation by age group). According to the Government, the payment of wages below the minimum wage is, however, difficult to detect and prove, although inspectors manage to do so when discharging their principal function, which is to combat fraud, including illegal employment, as well as through targeted inspections. The Committee notes the criteria for the determination of fines imposed on employers who are in violation and notes with interest the information on court rulings handed down in relation to complaints against the fines imposed by the Ministry of Social Affairs and Employment on certain employers in agriculture for various offences, such as failure to declare occupational accidents, the absence of protective equipment or footwear, the lack of safety instructions to prevent the risk of falls when pruning trees which resulted in permanent incapacity, the transport of an employee on an inappropriate machine which caused the death of a worker and the failure to provide information on the employment contract of three workers engaged in an orchard. With reference to its general observation of 2007 on the value of effective cooperation between the labour inspection services and the judicial authorities, it notes in particular with interest that the courts in each case came out in favour of the measures applied by the labour inspectorate. The Committee requests the Government to provide information that is as detailed as possible on the results of inspections of the conditions of work for which labour inspectors in agricultural undertakings are responsible, and the measures taken as a result by the judicial authorities, and to ensure that, as indicated above, relevant statistical data are included separately in the annual labour inspection report.