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

Denmark

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1958)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1972)

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

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties entrusted to labour inspectors. The Committee refers to its previous comment concerning joint inspection visits between the Danish Working Environment Authority (WEA), the police and tax authorities aimed at combating social dumping. In that comment, the Committee recalled that the primary duty of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers and not to enforce the immigration law, as reflected in paragraphs 75 to 78 of the General Survey on labour inspection. In this regard, the Committee notes the statement made by the Government in its report that there appears to be no conflict with these paragraphs of the General Survey, as the WEA, the police and the tax authorities have separate functions. The Government further specifies that it is the function of the WEA to control occupational safety and health conditions in workplaces, whereas it is the function of the police to control whether migrant workers have valid work and residence permits. The Committee also notes that joint inspection visits between several agencies, including the Centre against Human Trafficking (CMM), the WEA and the immigration authorities are also aimed at the identification of victims of human trafficking.

Concerning the enforcement of the labour rights of migrant workers in an irregular situation, the Committee notes the Government’s indication that the CMM assists victims of human trafficking and forced labour through the provision of legal advice and the collection of wages for the period of their effective employment relationship. Concerning migrant workers in an irregular situation other than victims of human trafficking, the Committee notes the question of wages is dealt with within the Danish Labour Market Model by the social partners or in the Danish legal system.

The Committee requests that the Government take further measures in particular, to lead joint inspection visits concerning the control of migrant workers in an irregular situation to ensure that the cooperation with the immigration authorities and the police does not interfere with the effective discharge of the primary duties of labour inspectors or prejudice in any way inspectors’ authority and impartiality in their relations with employers and workers, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129.

Noting the information on the role of the CMM and the social partners as regards the enforcement of the employers’ obligations with regard to the rights of migrant workers in an irregular situation, such as the payment of wages for the period of their effective employment relationship, it requests the Government to provide more detailed information in this regard, as well as on the number of cases where migrant workers found in an irregular situation have been granted their due rights.