Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the additional information supplied by the Government in response to some of its previous comments concerning the legal provisions on the conditions of work and the protection of agricultural workers, the number of labour inspectors in agriculture (38) and the reimbursement of mission expenses. It also notes the information contained in the 2007 annual report on the work of the labour inspection services in agriculture.

Article 9, paragraph 3, of the Convention. Training of labour inspectors in agriculture. The Committee notes that the Government has not replied to its request concerning the areas covered by the ten-day course at the Research and Training Centre of the Ministry of Labour and Social Protection with regard to labour inspectors in agriculture. The Committee would be grateful if the Government would supply details on the content of this course devoted to the initial training of labour inspectors in agriculture and the purpose and organization of any other kind of training measures aimed at enabling them to deal with specific issues in agricultural undertakings.

Article 13. Collaboration between labour inspectors and employers and workers or their organizations. The Committee notes the indication by the Government that the state labour inspection authority periodically holds, jointly with the social partners, seminars and meetings on labour inspection in the agricultural sector. It notes with interest that, according to the annual report, such seminars and meetings were held at the regional level and that the Occupational Safety and Health Day provided an opportunity to organize a seminar. The Committee requests the Government to supply detailed information on the content of such collaboration and on its impact on the observance of the legal provisions covered by this Convention.

Articles 5, paragraph 1(a) and (c), 26 and 27. Coverage, publication and content of the annual report on the work of the labour inspection services in agriculture. With reference to the Government’s previous report, the Committee notes the reiterated information that, under the agrarian reforms, all land suitable for farming was distributed equally among the rural population and transferred private ownership. According to the Government, most families use the land given to them in the form of individual farms and officials of the state labour inspectorate visit the new farms, inform them of the requirements laid down in labour legislation and provide them with practical support in the organization of work. The Committee notes with interest the important role that labour inspection has been able to play in the improvement of the labour legislation to resolve problems arising out of the new labour relations in agriculture (section 3.8 of Cabinet Order No. 3 of 9 January 2003 concerning the compensation payable to workers in cases of occupational injury at former state agricultural enterprises, or to their families in cases of fatal occupational injury).

According to the Government, 1,733 agricultural undertakings are operational in the country and the statistics provided by the annual inspection report indicate that 156 of them were inspected by labour inspectors in 2007. The Committee notes, among other information provided in the report, the number of complaints, violations, sanctions and other enforcement measures, industrial accidents and relevant investigations. The Committee would be grateful if the Government would supply any information available on the type and size of the agricultural undertakings inspected, the number of workers covered by the inspection visits and the type of visits (unannounced, planned or in response to a complaint). The Committee would be grateful if the Government would also supply information on the legal provisions in respect of which violations have been reported, such as those relating to wages, working time, minimum age for admission to employment and occupational safety and health requirements.

With reference to its direct request under Convention No. 81, and in view of the specific occupational hazards to which agricultural workers are exposed, such as the use of chemicals or complex machines, the Committee further requests the Government to make appropriate arrangements to promote collaboration with the Ministry of Health so that the central labour inspection authority is in a position, in accordance with Article 27(g), to include data on cases of occupational disease, including their causes, in future annual reports. It also requests the Government to ensure that the total number of agricultural undertakings liable to inspection and the number of workers employed therein are included in annual reports, in accordance with Article 27(c).

The Committee requests the Government to indicate the manner in which effect is given to the obligation to publish such reports, as prescribed by Article 26(1) and (2).

Labour inspection and child labour in agriculture. With reference to its direct request under the Worst Forms of Child Labour Convention, 1999 (No. 182), in which it emphasizes the widespread use of child labour in the cotton, tobacco and tea growing sectors, the Committee would be grateful if the Government would supply information on any actions taken by labour inspectors to identify the children engaged in agricultural work and to combat the phenomenon, particularly on cotton, tobacco and tea plantations. In this respect, the Committee suggests that the Government might also refer to the guidance provided in its 1999 general observation under both this Convention and Convention No. 81.