Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Luxembourg

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1958)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2008)

In order to provide an overview of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), in a single comment.

Articles 3(1) and (2) and 5 of Convention No. 81, and Articles 6(1) and (2), 12(1) and 13 of Convention No. 129. Duties of labour inspectors. Monitoring the employment of third country nationals in an irregular situation. Further to its last comment, the Committee notes the statistics for 2019, disaggregated by economic sector, sent by the Government on the activities of the Labour and Mining Inspectorate (ITM) with regard to monitoring the employment of third-country nationals in an irregular situation with respect to their residence status. In this regard, it notes that out of 5,682 inspections made by the ITM, 62 situations were recorded which involved the presence of 68 third-country nationals with irregular residence status. The Government indicates that, for all third- country nationals, employers have been urged to regularize the statutory rights of employees. However, the Committee notes that the Government has not sent any statistical information on the cases in which workers in an irregular situation have actually been granted the rights due to them, further to action by labour inspectors. The Committee requests the Government to continue providing information on the nature of the action taken by the labour inspectorate to monitor the employment of third country nationals in an irregular situation, indicating the number of cases in which workers in an irregular situation have actually been granted their statutory rights, such as the payment of unpaid wages, social security benefits or the conclusion of an employment contract.

Article 10 of Convention No. 81, and Article 14 of Convention No. 129. Number of labour inspectors. Further to its last comment, the Committee notes the information sent by the Government on ITM staff numbers and the number of labour inspectors who devote themselves entirely to primary labour inspection duties. It notes the rise in ITM staff numbers, which increased from 143 employees in 2019 to 203 employees in 2020. The Committee further notes that in 2020 the number of labour inspectors in the field was 64, out of a total of 86 inspectors, compared with 29 labour inspectors in the field in 2019, out of a total of 54 inspectors. While noting the progress that has taken place, the Committee requests the Government to continue providing information on changes in ITM staff numbers, indicating the number of labour inspectors who devote themselves entirely to primary labour inspection duties.

Issues specifically concerning labour inspection in agriculture

Article 6(1) and (2), and Articles 9 and 27 of Convention No. 129. Information on the preventive and supervisory activities of labour inspection in agriculture. Specific training for labour inspectors in agriculture. Further to its previous comments, the Committee notes the Government’s indication that in 2019 a total of 80 inspections relating to working conditions and occupational safety and health were conducted in agriculture, out of a total of 5,682 inspections by the labour inspectorate. However, it notes that the ITM annual report for 2020 does not contain any statistics on the number of labour inspection staff in agriculture, on agricultural undertakings liable to inspection and the number of staff employed therein, or on violations committed and penalties imposed in agriculture. However, the Committee notes the information contained in the 2020 ITM annual report concerning the distribution of cases handled by the labour inspectorate, according to which 303 cases involving agriculture have been handled by the ITM, namely 0.40 per cent of the total number of inspection cases. Moreover, the Committee notes that the 2020 ITM annual report contains statistics on occupational accidents in agriculture but does not contain any statistics on occupational diseases. Lastly, the Committee notes that, according to the Government, the specific training given on agriculture forms an integral part of the training for all labour inspectors. Noting the low percentage of inspections carried out in agriculture, the Committee requests the Government to take steps to ensure the application of the legislation in agriculture, and to continue providing information on the number of inspection visits carried out in this sector. The Committee requests the Government to continue to publish annual reports on the work of the labour inspectorate and send them to the ILO, and to ensure that they contain information on all the matters covered by Article 27 of Convention No. 129, including statistics on labour inspection staff in agriculture, on agricultural undertakings liable to inspection and the number of persons working therein, on violations committed and penalties imposed, and also on occupational diseases and their causes.