Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Croatia (Ratification: 1991)

The Committee notes the Government’s report received on 14 October 2008 and would be grateful if the Government would communicate to the ILO the legislation cited in Part I of the report, Regulation on the internal organization of the State Labour Inspectorate (OG 66/05, 42/06 and 127/07) adopted by the Government, which entered into force on 20 December 2007, and Ordinance on the internal order of the State Labour Inspectorate, issued by the Chief Inspector, which entered into force on 29 February 2008. The Committee would also like to draw the Government’s attention to the following points.

Article 8 of the Convention. Status and conditions of service of the labour inspectors. Referring to its direct request relating to the Labour Inspection Convention, 1947 (No. 81) (Article 6), the Committee would be grateful if the Government would provide information on the status and conditions of service of the labour inspection exercising their functions in the agricultural sector.

Articles 10, 11, 14 and 15. Staff and material resources of labour inspection. According to the Government, the normative prerequisites for additional increase of the number of inspectors were fulfilled and, on 6 May 2008, the State Labour Inspectorate issued a public vacancy announcement for 34 labour inspectors responsible for labour relations and 31 labour inspectors responsible for occupational safety and health. In addition, the Government indicates that significant financial resources were invested to better equip labour inspectors and increase their mobility. The Committee would be grateful if the Government would provide detailed information on the current number of labour inspectors exercising their functions in the agricultural sector as a result of the aforementioned measures, indicating particularly their representation by sex, categories and levels of responsibility, and on the number of inspectors invested with functions of a technical or specialized character. The Committee requests the Government to also communicate detailed statistical information on the number and geographical distribution of the local labour inspection offices in charge of agricultural enterprises and on the means of communication and transport facilities available to them, and to indicate the arrangements made to reimburse to inspectors any travelling and incidental expenses which they may incur for the performance of their duties.

Article 12, paragraph 1. Cooperation between the inspection services in agriculture and other public bodies. In paragraph 150 of its General Survey of 2006 on labour inspection, the Committee emphasizes that the effectiveness of labour inspection will depend in no small measure on its capacity to function through interaction with its social and economic environment, and requires action to develop mechanisms and areas of cooperation with all the public and private actors concerned and with the social partners and their representative organizations. The Committee asks once again the Government to indicate the measures taken or foreseen to promote an effective cooperation between the inspection services in agriculture and other government services or public institutions engaged in similar activities.

Article 20, paragraph 2. Obligation of secrecy. According to the Government, labour inspectors’ obligation to keep an official or other secret, of which they may gain knowledge during their tenure, shall continue even after they leave the civil service, but for no longer than five years, unless otherwise specified by separate legislation. The Committee draws the Government’s attention to paragraph 232 of the abovementioned General Survey, which points out that “… legitimate interests of employers have to be safeguarded by protection that is of a permanent nature …” and requests the Government to take necessary measures in order to bring the Croatian legislation in full accordance with this provision of the Convention.

Articles 21, 26 and 27. Annual labour inspection report. According to the Government, the Economic and Social Council issued on 14 April 2008 a conclusion in which it proposed to certain state bodies to sit together and examine the issue of violations in the area of labour relations and occupational safety and health. As regards the frequency rate of inspections visits, even if the Croatian legislation does not prescribe any time interval in which inspections should be carried out, the Committee notes with interest that, according to the established practice, most risky sectors, such as forestry, and sectors where cases involving workers’ deaths or serious occupational diseases are very numerous, were given priority in inspection. It also notes with interest the information that an e-Register system was currently being established in order to enable the Government to prepare and provide information on the inspections carried out by labour inspectors. The Committee requests the Government to practical measures to ensure the effectiveness of the inspection of agricultural undertakings, including a higher frequency rate of such inspection visits, and to ensure the publication of an annual report on the activities of the inspection services in agriculture in a more detailed and comprehensive way, which will contain the information required under Article 27, and to provide detailed information on the outcome achieved as a result of implementing the aforementioned conclusion of the Social and Economic Council and the e-Register system.