Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Primary functions of labour inspectors. 1. Labour inspection activities in the area of undeclared work. Further to its previous comment, the Committee notes the statistical information provided by the Government in its report concerning the activities of the State Labour Inspectorate (SLI) in addressing the issue of undeclared work. Between 2021 and 2023, the SLI imposed a total of 901 administrative penalties on employers for employing workers without proper registration. It also notes that from 2021 to the first quarter of 2024, the SLI conducted 1,700 inspections in mining, manufacturing and trade sectors, resulting in the identification of 675 unregistered workers, and that in the agriculture sector, 272 inspections were conducted, leading to the detection of 208 unregistered employees. Additionally, the Government informs that 960 re-inspections were conducted in enterprises where no unregistered employees were initially identified, but where there were indications that such practices might exist. The Committee notes with interest that 2,357 workers were regularized during this period following the inspections, representing a total of 75 per cent of all identified unregistered employed persons. Furthermore, the Committee notes the Government's indication of its continued efforts to address undeclared work through the Working Group of Unregistered Employment Coordinators and various other initiatives, including participation in European and national-level events, training activities, seminars, awareness-raising campaigns, and collaboration with the European Labour Authority (ELA) to conduct joint inspections and organize targeted campaigns. The Committee notes this information, which responds to its previous request.

2. Labour inspection activities related to the monitoring of migrant workers. The Committee notes the information provided by the Government, in response to its previous request, that according to the State Labour Inspectorate Law, the primary function of the SLI is the implementation of State supervision and control in the field of employment legal relationships and labour protection. The Committee notes the Government’s indication that combating unregistered employment is a collaborative effort involving multiple state institutions, with the State Border Guard being responsible for supervising compliance with laws governing the residence and employment of foreigners. The Government informs that between 2021 and the first quarter of 2024, the SLI and the State Border Guard conducted 148 joint inspections, leading to the identification of 192 unregistered employed foreigners. Furthermore, the Committee notes the Government's indication that during these joint inspections, when no violations are found concerning the residence status or employment rights of foreigners, the SLI then proceeds to inspect compliance with labour rights and labour protection. However, the Committee observes that this approach may result in a situation where foreign undeclared workers could potentially have their labour rights overlooked, as the focus might shift away from ensuring their full protection under labour laws and the workers themselves may be less forthcoming about possible violations. The Committee also observes that the Government does not provide information on the measures taken by labour inspectors to enforce employers’ obligations regarding the rights of migrant workers in an irregular situation, such as the payment of wages and social security benefits, for the period of their effective employment relationship. The Committee therefore once again requests the Government to indicate how it ensures that labour inspectors’ participation in joint inspections does not interfere with the effective discharge of their primary duties under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. In addition, the Committee requests the Government to provide information on the specific role, if any, played by the labour inspectorate in: (i) enforcing employers’ obligations arising from the rights of undocumented migrant workers, such as payment of wages or social security benefits for the period of their effective employment relationship, especially in cases where workers are liable to expulsion from the country; and (ii) regularizing the employment relationship of migrant workers found to be working in an irregular situation, including the numbers of undocumented migrant workers assisted in each of these areas.

Articles 3(1)(b), 5(b), 13(2)(b) and 16 of Convention No. 81 and Articles 6(1)(b), 13, 18(2)(b) and 21 of Convention No. 129. Preventive measures carried out in the area of occupational safety and health (OSH), including in agriculture. Further to its previous comment, the Committee notes the Government’s indication that, pursuant to section 7(1) of the State Labour Inspectorate Law, which empowers officials of the labour inspectorate to suspend the operation of a person or object if they detect that laws and regulations regarding labour protection and employment relationships have been violated, officials of the SLI issued 51 warnings and 36 orders to suspend operations between 2021 and 2023. The Government also reports that 9,610 preventive inspections aimed at reducing severe and fatal workplace accidents were conducted during this period.

The Committee notes the Government’s indication that the SLI conducts annual thematic inspections to assess work conditions, ensure safe environments, raise awareness of labour protection and reduce occupational risks. The Government informs that in 2021, the thematic inspections were conducted in remote work organizations and the construction sector. In 2022, the SLI carried out 206 inspections in enterprises with repeated workplace accidents, issuing 21 orders to prevent the detected violations and 14 verbal warnings; the findings indicated that 77 per cent of the inspected employers had implemented adequate measures to prevent future accidents. In 2023, thematic inspections targeted falls, slips, the construction sector, enterprises with insufficient employee training to prevent accidents and hazardous industries.

The Committee also notes that between 2021 and the first quarter of 2024, a total of 7,504 accidents at work and 5,109 occupational diseases were reported. In the agriculture sector, between 2021 and 2023, 1,432 inspections were conducted, leading to the detection of 777 violations, the issuance of 214 orders and the application of 41 administrative penalties. The Committee further notes the statistics on the main causes of accidents, the factors contributing to occupational diseases and the penalties imposed during agricultural sector inspections. The Committee takes note of this information, which addresses its previous request.

Articles 6 and 11(1) of Convention No. 81 and Articles 8 and 15(1) of Convention No. 129. Status and conditions of service of the labour inspection staff. Provision of work equipment. In response to its previous comment, the Committee notes the Government's information that the SLI remuneration fund has increased during the period 2021–23, including an increase of €268,445 in 2023. The Government also reports that during this period, the average bonus amount for the evaluation of work performance for SLI employees amounted to 66 per cent of their monthly remuneration, and that additional benefits are provided, such as allowances for dependent disabled children and annual leave allowances. Furthermore, the Committee notes the Government's indication that work conditions are being improved through the acquisition of personal protective equipment and office equipment. The Committee takes note of this information,but requests once again that the Government provide information on the turnover rate of the labour inspection staff.

In addition, the Committee recalls the pending comment regarding the Labour Administration Convention, 1978 (No. 150), adopted by the Committee in 2021, for which the Government will be requested to reply in 2027 in accordance with the reporting cycle.

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

A. Labour inspection

1. Labour Inspection Convention, 1947 (No. 81)

2. Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Primary functions of labour inspectors. 1. Labour inspection activities in the area of undeclared work. In its previous comments, the Committee requested the Government to continue to provide information on the work of the labour inspectorate in relation to the establishment of formal employment contracts and the registration of workers in the social security scheme. The Committee notes the information provided by the Government in its report according to which during the period from 2017 to 2020, the State Labour Inspectorate (SLI) imposed a total of 2,546 administrative penalties on employers for establishing employment without a written employment contract and/or a declaration to the State Revenue Service. It also notes that under section 25 of the Law on Administrative Liability of 2018, the imposition of administrative penalties does not exempt the employer from compliance with the obligation to enter into a written employment contract, in accordance with sections 28(1) and 41(1) of the Labour Law of 2001.

The Committee also notes the Government's indications on the conduct of surveys for the identification of unregistered employment, as well as on the activities undertaken to improve the effectiveness of the surveys. The Committee notes that from 2017 through the first quarter of 2021, the SLI conducted 2,606 surveys in mining, manufacturing and commercial enterprises during which 1,094 unregistered employees were identified. It also notes that during the same period, the SLI re-inspected enterprises where no unregistered employees were identified, but where there were indications that unregistered employment may be present. In this regard, the Committee notes that 1,426 surveys were repeated in enterprises identified as having a high risk of unregistered employment.

The Committee further notes with interest the Government’s indication that following inspections carried out by the SLI from 2017 through the first quarter of 2021, 3,297 employees were regularized through the conclusion of written employment contracts and the registration of employees with the State Revenue Service, and that this number represents between 55 per cent and 71 per cent (variations by year) of all identified unregistered employed persons.

In addition, the Committee notes the comprehensive information provided by the Government on the measures taken by the SLI to reduce unregistered employment. In particular, it notes the establishment of the Working Group of Unregistered Employment Coordinators in 2017, through which criteria were developed to identify unregistered employment; the 2019 cooperation agreement between the SLI and the Free Trade Union Confederation of Latvia (FTUCL), under which the scope of cooperation issues in the field of unregistered employment was expanded; as well as the Government's indications regarding the annual meetings organized by the SLI with the FTUCL to report on the results of the previous year and discuss the plan for the following year. The Committee requests the Government to continue to provide information on the work of the labour inspectorate with respect to securing the enforcement of sections 28(1) and 41(1) of the Labour Law on the establishment of written employment contracts. It also requests the Government to continue to provide specific information on the number of employees whose situation is regularized, as compared to the number of unregistered employees identified.

2. Labour inspection activities related to the monitoring of migrant workers. The Committee notes the Government's indication in response to its previous request for information on joint inspections carried out with the State Boarder Guard that joint employment control measures are regularly implemented to prevent violations of laws regulating employment relationships and labour protection, as well as violations of the Immigration Law, including the conditions of residence and employment of foreigners. In this respect, the Committee notes that according to the information provided by the Government, 333 joint inspections with the State Boarder Guard were carried out between 2017 and 2020 to control the employment of third-country nationals. It also notes the information concerning the cooperation agreement between the SLI and the State Border Guard, which aims to organize cooperation between these two state bodies and to monitor the effectiveness of inspections carried out in view of the increased urgency of employment control and monitoring of third-country nationals.

Moreover, the Committee notes that the Government indicates that in order to monitor unregistered employment of third-country nationals, SLI officials regularly cooperate with the State Border Guard, the State Police, the Office of Citizenship and Migration Affairs, the State Revenue Service and the Ministry of the Interior, and that each institution uses the information obtained in joint inspections within its competence as evidence in order to prove unregistered employment. The Committee recalls that the primary duty of labour inspectors is to protect workers and not to enforce immigration law. The function of verifying the legality of employment should therefore have as its corollary the reinstatement of the statutory rights of all workers if it is to be compatible with the objective of labour inspection. In this connection, the Committee requests the Government to take the necessary measures to ensure, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, that additional duties which are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers are assigned to labour inspectors only insofar as they do not interfere with their primary functions. The Committee also requests the Government to indicate the time and resources allocated by labour inspectors to each of their duties related to monitoring migrant workers, in comparison to the time and resources allocated to their primary functions. The Committee further requests the Government to provide information on instances where inspectors took specific action to provide migrant workers with protection of labour rights equal to those enjoyed by Latvian citizens.

Articles 3(1)(b), 5(b), 13(2)(b) and 16 of Convention No. 81 and Articles 6(1)(b), 13, 18(2)(b) and 21 of Convention No. 129. Preventive measures carried out in the area of occupational safety and health (OSH), including in agriculture. The Committee notes the information provided by the Government, in response to its previous request, that the SLI carries out an average of 10,000 inspections in enterprises each year. It notes that in both preventive and extraordinary inspections, which include accident investigations, examination of submissions and preparation of hygienic descriptions of workplaces, SLI officials pay attention to compliance with the requirements of laws and regulations regarding labour protection (including mandatory health inspections, provision of personal protective equipment, assessment and measurement of risk factors and training in safe working techniques), and that, potential danger and direct threats to the safety and health of employees can therefore be detected.

The Committee also notes the Government's indications that in order to improve the supervision and control of the working environment, the number of preventive inspections in the field of labour protection has increased from 2,215 to 3,103 between 2017 and 2020. It notes that 5 per cent of all inspections are carried out to inspect enterprises in which breaches of labour protection and/or labour law have previously been detected, and to assess whether and how the breaches have been addressed.

The Committee further notes the Government's indications that pursuant to section 7(1) of the State Labour Inspectorate Law of 2008, which empowers officials of the labour inspectorate to suspend the operation of a person or object, if they detect that laws and regulations regarding labour protection and employment relationships have been violated, SLI officials issued orders and warnings concerning the suspension of the operations as follows: in 2017, 15 orders and 13 warnings; in 2018, 6 orders and 36 warnings; in 2019, 10 orders and 55 warnings; and in 2020, 3 orders and 14 warnings. Further, the Committee notes that, according to the Government, in the agricultural sector during the period 2017–20, the SLI conducted 1,439 inspections, issued 418 orders for the elimination of 2070 violations, and imposed 169 administrative penalties. The Committee also notes that the number of occupational accidents and diseases continues to increase since 2015 while the number of fatal accidents remains substantially unchanged.

The Committee notes, in addition, the Government’s indication that the SLI organizes annual thematic inspections in the field of labour protection, targeting high-risk sectors, including agriculture, with the objective, inter alia, of preventively inspecting working conditions in enterprises and reducing the risks of occupational accidents and diseases. In this regard, the Committee notes that from 2017 to 2020, the SLI organized thematic inspections in various sectors, such as construction, agriculture, metallurgy, food and beverage production, as well as on the safe use of chemicals in the working environment. The Committee requests the Government to continue to provide information on the preventive activities carried out by the SLI in the field of OSH. It also requests the Government to provide information on annual inspections conducted including preventive, extraordinary, follow-up and thematic inspections, as well as information on the number of orders issued with immediate executory force in case of imminent danger to the health or safety of workers. With regard to occupational accidents and diseases, the Committee also refers to its comment concerning the application in practice of Convention no. 155.

Articles 6 and 11(1) of Convention No. 81 and Articles 8 and 15(1) of Convention No. 129. Status and conditions of service of the labour inspection staff. Provision of work equipment. Further to its previous comments on the increase in the remuneration of labour inspection staff, the Committee notes the Government's indications regarding the increase in the SLI budget and its remuneration fund until 2021, which directly affects the average level of remuneration of employees. In this regard, it notes that in 2019, all employees whose job performance evaluation was good, very good and excellent, received a job performance evaluation bonus in the amount of 55 per cent, 65 per cent and 75 per cent, respectively, in accordance with section 35 of the Cabinet of Ministers Regulation No. 66 of 2013 “Regulations Regarding Work Remuneration of Officials and Employees of State and Local Government Authorities, and Procedures for Determination Thereof”. It further notes that according to the information provided by the Government, the turnover rate of inspectors decreased from 28 per cent in 2017 to 17 per cent in 2020.

The Committee also notes that the Government indicates that SLI officials receive certain benefits, including annual leave allowances of up to 50 per cent of the established monthly salary and cash prizes for personal contribution to employees aged 50, 60 and 70 who have worked for at least 5 years.

With respect to the remuneration levels of SLI inspectors, the Committee notes the Government's indication that remuneration is determined in accordance with the Law on Remuneration of Officials and Employees of State and Local Government Authorities of 2009, which establishes a unified system for determining remuneration of employees and officials of state and local government institutions.

The Committee further notes the Government's reply to its previous request for information on the measures taken to improve the equipment necessary for the performance of work responsibilities. In particular, it notes that during the period from 2018 to 2020, personal protective equipment (including footwear, helmets and vests, warm windbreakers and fleece jackets) and office equipment (including desks, chairs, air conditioners, smartphones, laptops, computers, printers and photocopiers) were acquired. In addition, it notes that the SLI has 36 cars at its disposal to facilitate the performance of inspection tasks. Taking due note of this information, the Committee requests the Government to continue to provide information on the status, conditions of service, and turnover rate of the labour inspection staff.

A. Labour administration

Labour Administration Convention, 1978 (No. 150)

Article 6 of the Convention. Impact of austerity measures on labour administration. The Committee notes the Government's indication, in response to its previous request for information on the measures taken as a result of the economic and financial crisis, that short-term measures aimed at alleviating the severe social consequences of the crisis and reducing the risk of increased poverty, and long-term measures aimed at improving the competitiveness of the labour force and promoting the inclusion of disadvantaged groups in the labour market, have been necessary in recent years. It notes that while the Government does not refer to specific measures taken in the area of labour administration, public spending on labour market policies remains below 1 per cent of GDP since 2012.

The Committee further notes the Government's indications that with the rapid spread of COVID-19 and the decline in economic activity since March 2020, the number of unemployed persons has increased, impacting the workload of State Employment Agency (SEA) staff. At the end of 2020, 69,000 unemployed persons were registered with the SEA. In this respect, the Committee notes the information provided by the Government on the functions and activities carried out by the SEA for the promotion of employment.

Lastly, the Committee notes the Government’s indication that with regard to social insurance benefits, since 2015 there are no longer restrictions or limits on the amount of benefits. While taking due note of this information, the Committee requests the Government to continue to provide information on the measures taken in order to address the health crisis and their impact on the effective performance of the functions of the labour administration services. It also requests the Government to continue to provide information on the work of the labour administration services in relation to the situation of unemployed persons.

Article 10. Status, conditions of service, material means and financial resources necessary for the effective performance of the staff of the labour administration. Further to its previous comments on the conditions of service of the staff of the labour administration and the allocation of appropriate financial resources to this end, the Committee notes the Government's indications that in the period from 2015 to 2019, the total amount of remuneration of the SEA staff has increased from €5,963,177 in 2015 (with 675.71 positions in 2015) to €7,710,415 in 2019 (with 699.82 positions in 2019).

The Committee also notes that the Government indicates that in 2019, as a result of SEA operational resource efficiency measures, the number of workloads financed from the SEA basic budget and special budget funds was reduced by 4 per cent (as of 1 January 2019 it was 460 positions and as of 1 January 2020 it was 441.6 positions). It also notes that the average monthly salary of SEA employees in March 2020 was €901 (approximately US$1,040), while in 2019, the average gross wages and salaries for full-time work in the country was €1,076 (approximately US$1,242). The Committee further notes the Government’s indication that the increase in the average level of remuneration in the economy makes the remuneration offered by the SEA less competitive and the Agency faces the challenge of attracting and retaining qualified specialists, which increasingly affects the agency’s capacity to provide quality customer service, to implement EU projects and to develop its operational processes.

With respect to material means necessary for the effective performance of the labour administration staff, the Committee notes the Government's indications regarding the acquisition of work tools including laptops, webcams and headsets following the organization of remote work, in order to reduce the risk to the health of the employees and clients of the SEA caused by COVID-19. Lastly, the Committee notes the information provided by the Government on the annual trainings of the SEA staff from 2015 to the first quarter of 2021, which were mainly focused on improving customer service skills and knowledge, including working with customers with special needs, establishing cooperation with employers and implementing the SEA employee support program. Noting the efforts made by the Government in relation to the conditions of service of the staff of the labour administration, the Committee requests the Government to continue its efforts to ensure that their remuneration is appropriate for the effective performance of their duties, in accordance with Article 10(2) of the Convention.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the information in the Government’s report in reply to its previous comments on Article 5(a) of Convention No. 81 (effective cooperation between the labour inspection services and other institutions); and Article 9(3) of Convention No. 129 (specific training in agriculture for labour inspectors).

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Primary functions of labour inspectors. 1. Labour inspection activities in the area of undeclared work. The Committee notes the Government’s indication, in response to its previous request, regarding the actions taken by the State Labour Inspectorate (SLI) following inspections to reduce unregistered employment. The Committee notes from the 2017 annual labour inspection report that as a result of such inspections, 1,393 unregistered persons were identified (compared with 3,002 in 2012) and that 853 workers were given a formal employment contract and/or registered with the social security scheme (compared with 481 in 2012). The Committee requests the Government to continue providing information on the work of the labour inspectorate with respect to establishing formal employment contracts and the registration of workers with the social security scheme. It requests the Government to provide information on the action taken by the labour inspectorate with respect to the rights of those unregistered workers detected in the course of inspections but not subsequently registered (more than 500 in 2017).

2. Labour inspection activities related to the monitoring of migrant workers. The Committee notes the Government’s indication in its report that the SLI has entered into cooperation agreements with, among other authorities, the Office of Citizenship and Migration Affairs regarding the use of databases. It also notes the Government’s indication that joint inspections are carried out with the State Border Guard, in light of the increasing concern regarding the control and supervision of third country nationals. Recalling that the primary function of labour inspectors is to secure the legal provisions relating to conditions of work and the protection of workers while engaged in their work, the Committee requests the Government to provide further information on the joint inspections conducted with the State Border Guard and on how these joint inspections contribute to the primary function of labour inspectors, as well as the nature of the information shared in the context of the SLI’s cooperation with the Office of Citizenship and Migration Affairs.

Articles 3(1)(b), 5(b), 13(2)(b) and 16 of Convention No. 81 and Articles 6(1)(b), 13, 18(2)(b) and 21 of Convention No. 129. Preventive measures carried out in the area of occupational safety and health (OSH), including in agriculture. The Committee welcomes the comprehensive information provided by the Government, in response to its previous request, on the preventive activities carried out by the SLI in the area of OSH, aimed particularly at high-risk sectors including agriculture, and the collaboration with representatives of agricultural organizations in this respect. The Committee also notes from the information in the annual labour inspection reports provided by the Government that the number of occupational accidents and diseases has increased over the past years. The number of occupational accidents increased from 1,766 to 1,910 between 2014 and 2017 (from 71 to 80 in the agricultural sector) and the number of cases of occupational disease increased from 1,217 to 1,421 in the same period (from 63 to 67 in the agricultural sector). It notes that, over the same period, the number of orders and warnings to suspend operations for violations which caused direct threats to the life and health of employees decreased (44 in 2015, 33 in 2016 and 28 in 2017). The Committee also notes from the information in the 2017 annual labour inspection report that the number of workplace accidents of minor severity reported has been constantly increasing, and the statement in this report that this increase may be due to the fact that such accidents are being reported more often. With respect to agriculture, the Government states that its analysis indicated a constant increase in the number of accidents from 2014 and that it therefore planned sectoral inspections in agriculture. The Committee requests the Government to continue providing information on the preventive activities carried out by the SLI in the area of OSH (in all sectors including agriculture), including measures with immediate effect ordered in cases of imminent danger to the health or safety of workers, as well as information on the number of occupational accidents and diseases.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status of the labour inspection staff. Following its previous comments, the Committee notes the Government’s indication that the turnover rate of inspectors between 2015 and 2017 was approximately 30 per cent. The Government indicates that the SLI budget and its remuneration fund have both increased (from €2,563,629 in 2014 to €2,842,605 in 2017 and from €2,072,901 in 2014 to €2,336,009 in 2017, respectively). The Committee also notes that the Government planned for 2017: (i) to increase the amount of the performance bonus for labour inspectors whose evaluation is considered good, very good and excellent (from 38 per cent of the monthly remuneration in 2016 to, on average, 55 per cent in 2017); and (ii) to purchase further personal protective equipment for inspectors. The Committee requests the Government to continue providing information on actions taken to increase remuneration and improve equipment needed to perform job responsibilities, and to provide specific information on levels of remuneration for labour inspectors compared with other officials exercising similar authority or with comparable levels of responsibility.

Issues specifically concerning labour inspection in agriculture

Articles 26 and 27 of Convention No. 129. Annual report on labour inspection in agriculture. Following its previous comment, the Committee notes with interest that the annual report of the SLI now also contains information specifically concerning the activities of the labour inspection services in agriculture, including statistics on the number of labour inspectors and inspections undertaken, enterprises inspected and the number of workers employed therein, violations detected, penalties imposed, as well as the number of occupational accidents and cases of occupational disease, in conformity with Article 27 of Convention No. 129.

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

Legislative developments. The Committee notes the information provided by the Government on the adoption of various amendments to the national legislation, including the adoption and coming into force of the Law on Trade Unions in 2014, a copy of which is attached to the Government’s report.

Article 6 of the Convention. Impact of austerity measures on labour administration. The Committee notes the Government’s indication, in reply to its previous request concerning the impact of austerity measures on labour administration, that in order to stabilize and restore the economy, Latvia had to adopt difficult political decisions. According to the Government, the reduction in the amount of unemployment, sickness and maternity/paternity benefits was not only aimed at the reduction of the budget expenditure, but also at enabling the granting of social security benefits to all beneficiaries. The Committee further notes that the Government refers to the adoption of a number of additional employment promotion measures and the slow recovery of the economy since 2011. The Committee requests that the Government continue to provide information on the measures taken as a result of the economic and financial crisis (decisions in relation to the budget allocated to the labour administration services, and in relation to social security benefits, etc.) and their impact on the effective performance of the functions of the labour administration services.

Article 10. Status, conditions of service, material means and financial resources necessary for the effective performance of the staff of the labour administration. The Committee notes the Government’s indication that due to the impact of the crisis on the availability of jobs, the number of persons using the State Employment Agency (SEA) has increased. This has required the introduction of new approaches and methods. In this regard, the Government refers to improvements in the operation of the SEA (including through the use of an electronic unemployment profiling system, the development of new career consultation support methodologies, the introduction of new electronic services for clients, the integration of an electronic labour market information tool in the work of the SEA, among other things). The Government further refers to various training activities of the SEA staff, including the training in relation to the abovementioned new measures and electronic tools.

In this regard, the Committee also notes the Government’s indications in its report that despite an increase from 2010–14 in the wages of staff of the SEA, their average monthly wage (€719 that is, about US$765) is lower than the national average monthly wage (€765 that is, about $813). It notes the Government’s indication that it therefore becomes difficult for the SEA to attract highly qualified personnel. The Committee requests that the Government pursue its efforts to ensure that the conditions of service of the staff of the labour administration are appropriate for the effective performance of their duties (including remuneration commensurate with their responsibilities). It requests that the Government ensure the allocation of appropriate financial resources to this end.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 3(1) and (2) of the Convention. Principal functions of labour inspectors. The Committee notes the information in the Government’s report that, when cases of unauthorised employment are detected, the State Labour Inspectorate (SLI) imposes sanctions on employers, pursuant to sections 41 and 159 of the Latvian Administrative Violations Code. The Committee also notes the statement in the annual report of the SLI of 2012 (submitted with the Government’s report) that reducing unregistered employment remains a priority for the labour inspectorate. In 2012, 3034 inspections were undertaken in this regard and 3002 unregistered employees were detected. Following these inspections, written employment contracts were signed with 481 workers and these persons were registered with the State Revenue Service as employees. Recalling that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers if it is to be compatible with the objective of labour inspection (paragraph 78 of the 2006 General Survey on labour inspection), the Committee asks that the Government provide information on action undertaken by the labour inspectorate and the judicial authorities to ensure the enforcement of employers’ obligations with regard to the statutory rights of the unregistered workers whose status was not regularized.

Articles 3(1)(b), 13(2)(b) and 14. Notification of industrial accidents and cases of occupational disease and measures with immediate executory force. The Committee notes with interest that, pursuant to section 42 of Cabinet Regulation No. 950 on Procedures for Investigation and Registration of Work Accidents, all employers shall submit an accident report to the SLI for registration which will then be registered in an integrated information system on all occupational accidents in the country. It also notes the detailed information in the Government’s report regarding the circumstances under which the SLI will investigate an occupational accident. Following this investigation the SLI will, as necessary, impose administrative sanctions or issue an order to remedy the violation. With respect to occupational diseases, the Government refers to Cabinet Regulation No. 908, entitled Procedures for Investigation and Recording of Occupational Diseases (and detailed information on the follow-up undertaken). It indicates that, following medical examination by the occupational physician, and examination by the physicians’ commission, which can include an investigation of the conditions of the workplace by the labour inspection, the physicians’ commission for examining health and work capacity will transmit the report on an occupational disease case to the SLI. On this basis, the SLI will make recommendations to the employer regarding risk factors within the working environment which caused the occupational disease. The Government also indicates that the SLI undertook thematic inspections at workplaces where occupational diseases had previously been diagnosed among workers, and examined the actions taken by the employer pursuant to the recommendations made by the SLI. The Committee asks that the Government continue to provide information on the preventive activities carried out by the SLI in the area of occupational safety and health, including measures with immediate effect ordered in cases of imminent danger to the health or safety of the workers (Article 13(2)(b) of the Convention).

Article 5(a). Effective cooperation between the labour inspection and other institutions. 1. Cooperation with the judiciary. The Committee notes the Government’s indication that, in 2012, judges of the Administrative District Court and inspectors attended a seminar, where inspectors were informed of the current case law with respect to inspections. The Government also indicates that amendments to the Criminal Law of 2013 included sanctions of imprisonment for violations of some labour protection provisions. The Committee asks that the Government provide further information on the manner in which effective cooperation between the labour inspection services and the justice system is ensured. The Committee also asks that the Government take measures to ensure that information related to any judicial proceedings on the application of legal provisions relating to conditions of work and the protection of workers is included in the annual labour inspection report in the future.

2. Cooperation with other government bodies and public institutions. The Committee welcomes the information in the Government’s report detailing the initiatives undertaken within the framework of the project “Improvement of the Information System of the State Labour Inspectorate and Introduction of E Services”. Among other measures, an information system for the SLI has been established, which has been integrated with the register on the population, the information system of the State revenue service and registers, and information systems of other public administration authorities. The Government indicates that this inter-institutional system provides an effective information base for supervision and control of labour protection and legal employment relations, and contributes to the efficiency of the SLI. The Committee encourages the Government to pursue its cooperation with other government bodies and public institutions with a view to securing the effective discharge of the duties of the inspectorate, and to continue to provide information on the impact of the measures taken in this regard.

Article 6. Status of the labour inspection staff. The Committee notes the Government’s statement that although the remuneration of inspectors has been increased several times since its last report, the SLI experiences high staff turnover. The Government indicates that the most frequently mentioned reason for the staff turnover is the low remuneration and the availability of higher paid positions with other authorities and in the private sector. Noting the Government’s indication regarding budgetary constraints, the Committee asks that the Government pursue its efforts to reduce staff turnover, by ensuring that the status and conditions of service of labour inspectors (including remuneration commensurate with their responsibilities) are appropriate for the effective performance of their duties. It encourages the Government to ensure the allocation of appropriate resources to the labour inspection system to this end.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee also refers the Government to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they are concerned with the application of the present Convention.

Articles 6(1)(b) and 13 of the Convention and Paragraphs 2 and 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133). Preventive activities in the field of occupational safety and health in agriculture. The Committee notes the information in the Government’s report that the State Labour Inspectorate (SLI) undertook a number of preventive surveys in the agricultural sector between 2011 and 2013, resulting in 196 orders with respect to the prevention of violations related to labour protection. The Government also indicates that the SLI undertook thematic inspections in several sectors, including agriculture. This included the inspection of 291 agricultural undertakings in 2011 and 2012, carried out in the high harvest seasons. The Government indicates that these thematic inspections not only covered compliance with the requirements of the law and regulations but also promoted awareness among employers and employees concerning the importance of occupational safety and health. These inspections revealed that while some employers were well informed regarding the relevant provisions in the area of labour protection, other employers were not. The SLI subsequently organized seminars for representatives of undertakings on occupational safety and health of workers engaged in agriculture on the results of these inspections. The Committee requests the Government to continue to provide information on its preventive activities in agriculture, including thematic inspections and awareness-raising activities, as well as collaboration with organizations representing workers or employers in this sector. It also asks the Government to provide information on the impact of the measures taken in this regard.

Article 9(3). Specific training in agriculture for labour inspectors. The Committee notes the information in the Government’s report that a new training programme for SLI was implemented, which comprises of basic training, followed by three additional training programmes, including training in a specific sector. The Committee notes with interest that one of the sector-specific training programmes is on agriculture, which provides in-depth training to inspectors on the specific risks in the agricultural sector, any revisions to the relevant laws and regulations in the sector, and the nature of occupational accidents in the sector. The Committee asks that the Government continue to provide information on the training provided to labour inspectors on the agricultural sector, including the number of training programmes organized and the number of inspectors who participated in these programmes.

Articles 15(b) and 21. Transport facilities for labour inspectors in agriculture and inspection visits. The Committee welcomes the Government’s indication that it has increased the number of vehicles at the disposal of labour inspectors, from 17 vehicles in 2011 to 36 vehicles by the end of 2013. However, it notes the information in the Government’s report that the number of inspections carried out in the agricultural sector decreased from 481 inspections in 2011 to 345 inspections in 2013. In light of the declining number of inspections, the Committee asks that the Government provide information on the measures taken to ensure that agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in accordance with Article 21 of the Convention.

Articles 26 and 27. Annual report on labour inspection in agriculture. The Committee welcomes the information provided in the Government’s report relating to the number of inspections undertaken in agriculture, the number of agricultural undertakings liable to inspection and the number of persons working therein, the number of violations detected and the penalties imposed, as well as statistics on the number of occupational accidents (and their cause) and occupational diseases (and their cause) in the sector. However, the Committee notes that the information in the annual report of the SLI of 2012 concerning agriculture only relates to the number of occupational accidents and occupational diseases recorded in this sector. The Committee encourages the Government to consider including in future reports of the SLI further information on the activities of the labour inspection services in agriculture, including statistics on agricultural undertakings liable to inspection and the number of persons working therein (Article 27(c)), statistics on inspections visits (Article 27(d)) and the violations detected and penalties imposed (Article 27(e)).

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

With reference to its observation, the Committee would like to raise the following additional questions.

Article 5(a). Effective cooperation between the labour inspection services and the justice system. The Government indicates that Cabinet Regulation No. 798 of 21 July 2009, regulates the procedures for exchange of information within the integrated system of the State Labour Inspectorate. The Committee would be grateful if the Government would provide a copy of the Regulation in question along with information on the manner of effective cooperation between the labour inspection services and the justice system is ensured.

Article 7(3). Training for labour inspectors. The Committee notes the information provided by the Government according to which, in the end of 2009, a new training system, methods for the evaluation of training needs, three training modules for newly recruited officials and employees, as well as specialized training and re-certification programmes were developed and established within the framework of the European Social Fund (ESF) Project on “Improvement of the Supervision of Employment Legal Relationships and Work Safety System”. Moreover, the Government indicates that, in 2010, various seminars on unregistered employment and labour protection, as well as on anti-corruption, were organized for labour inspectors. The Committee would be grateful if the Government would provide details on the nature and functioning of the newly established training system, as well as on the content, frequency and impact of the training modules, certification programmes, and seminars organized for labour inspectors.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 3(1), (2) and 10 of the Convention. Principal labour inspection functions and inspection staff. The Committee notes that according to the 2010 Annual Report of the State Labour Inspectorate (SLI), the main priorities of the SLI until 2013 are to combat unregistered employment and reduce the number of fatal accidents and accidents causing severe health problems at work.

In its report, the Government indicates that as a result of structural changes introduced in 2009 and 2010, the number of staff in the State Labour Inspectorate (SLI) was reduced to 211 in 2009, including 139 inspectors, and 163 in 2010, including 112 inspectors. It is indicated that all inspectors deal with both labour law and labour protection issues except for 14 inspectors in the Sector for Reduction of Unregistered Employment of the Riga Regional SLI. The number of workplaces subject to inspection was 92,347.

The Committee notes that labour inspection visits aimed at combating unregistered employment amounted to 3,264 in 2010 out of 10,477 inspections in total. Even though this represents a 34.6 per cent decrease in inspections compared to 2009, the number of persons found to be involved in unregistered employment increased by 51 per cent compared to 2009. Moreover, it is reported that the SLI plans to inspect repeatedly and annually at least 5 per cent of the enterprises in risk of unregistered employment.

The Committee requests the Government to specify the sanctions imposed if the labour inspectors discover cases of unregistered employment and the manner in which the labour inspectorate ensures the enforcement of employers’ obligations with regard to the statutory rights of irregular workers for the period of their effective employment relationship.

Articles 3(1)(b) and 14. Notification of industrial accidents and cases of occupational disease. The Committee notes from the 2011 Annual Inspection Report that the total number of accidents was reduced by 1.3 per cent in 2010 compared to 2009, and that serious accidents were reduced by 6.3 per cent (164 in 2010, 175 in 2009) while lethal accidents decreased by 28 per cent (23 in 2010, 32 in 2009). It notes in particular that occupational accidents decreased in the construction sector by 61 per cent within four years (256 accidents in 2007 and 99 in 2010) and that the SLI carried out national inspection campaigns in particular industries (e.g., wood-processing and construction) and organized the European Week (EW) information campaign related to the maintenance of healthy and safe workplaces.

The Committee also notes that according to the Government, Cabinet Regulation No. 950 on Procedures for investigation and registration of work accidents was adopted on 25 August 2009, substituting Regulation No. 585 of 9 August 2005, so as to simplify the procedure for the investigation and registration of work accidents, and facilitating the process of their investigation by the inspectorate and employers. The SLI, according to paragraphs 10 and 11 of the Regulation, shall control how an employer investigates and registers accidents and is entitled to conduct an additional investigation of the circumstances of an accident if new facts regarding the accident have come at the disposal of the Inspectorate. Paragraph 20 stipulates that medical treatment institutions shall provide detailed information to the SLI regarding the work accidents which took place in the previous month. The Committee would be grateful if the Government would describe the procedure for the notification, registration and investigation of work accidents under Regulation No. 950, particularly in relation to the role of the labour inspectorate in this framework.

Additionally, the Committee would be grateful if the Government would provide information on any preventive activities carried out by the SLI in the area of occupational safety and health including the adoption of measures with immediate effect in case of imminent danger to the health or safety of the workers (Article 13(2)(b) of the Convention).

The Government is also requested to provide details concerning the procedure for the recording and notification of cases of occupational disease, and furnish statistics of diseases and the measures taken to prevent them.

Article 6. Status of the labour inspection staff. The Committee takes note of the Government’s reply to its previous comments, to the effect that employees of the SLI do not perform control and supervision functions, but rather support functions.

The Government also reports that the Law on Remuneration of Officials and Employees of the State and Self-Government Authorities which was adopted on 1 December 2009 and came into force on 1 January 2010, aims to ensure equal remuneration for officials and employees of State and local government authorities, including of the SLI. The Committee also notes the high levels of staff turnover in the SLI indicated in the Government’s report (37 per cent in 2009 and 23 per cent in 2010). The Committee requests the Government to specify the conditions of service of labour inspectors and in particular, their wages, including allowances, in relation to other types of officials performing similar duties, e.g., social security and tax inspectors, pursuant to the entry into force of the Law on Remuneration of Officials and Employees of the State and Self Government Authorities.

Articles 18 and 21(d) and (e). Labour inspection enforcement activities and relevant statistics. While taking due note of the statistical information provided by the Government on the number of inspection visits, violations found, cases brought to the courts and outcome of the judicial examination as well as penalties imposed, in reply to the Committee’s previous comments, the Committee observes nevertheless, that the data provided only refers to aggregate numbers and does not allow for an analysis of the impact of the activities of the labour inspectorate on the application of legislation on conditions of work and the protection of workers. The Committee requests the Government to take the necessary measures so as to ensure that the annual labour inspection reports include detailed information on inspection visits (such as their regional distribution, purpose and frequency) and violations found (legal provisions to which they relate, nature of penalties imposed) as well as the outcome of judicial and administrative proceedings and its impact on the enforcement of the legal provisions relating to the conditions of work and protection of workers while engaged in their work.

Noting with interest, that according to the Government, the SLI is in the process of implementing, as of 2012, a project on “Improvement of the Information System of the State Labour Inspectorate and Introduction of E-services”, in order to provide statistical information related to the survey of undertakings, fines imposed, accidents, occupational diseases, etc. the Committee requests the Government to keep the ILO informed of progress made in the introduction of the information system and its impact.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee would like to draw the Government’s attention to the following points.

Articles 6(1)(b) and 13 of the Convention and Paragraphs 2 and 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133). Preventive activities in the field of occupational safety and health in agriculture. The Committee notes with interest the Government’s reference to several preventive activities in the field of agriculture in 2011 with a view to reducing the number of fatal accidents, including preventive inspection visits in agriculture aimed at raising awareness (through training on labour protection, risk assessment, mandatory health examinations, safe working methods and the use of personal protective equipment, etc.); a seminar on occupational safety in agriculture aimed at the prevention and reduction of specific risks organized in cooperation with the European Agency for Safety and Health at Work (EU-OSHA); cooperation with the “Farmers’ Parliament” (FI) which is according to the Government the most influential organization of agricultural producers; and the preparation of information materials on the most essential issues relating to labour protection in agriculture, which will be distributed to the members of the FI. The Committee asks the Government to report in further detail on the preventive activities in agriculture, for example, the number of training courses provided by labour inspectors during inspection visits and the number of workers covered; any seminars held in the field of occupational safety and health in agriculture and their duration and the number of participants; as well as information on any collaboration with organizations representing workers in the agricultural sector, and their impact on the number of fatal and serious work accidents.

Articles 9(3) and 15. Specific training in agriculture for labour inspectors. The Committee notes the Government’s indication that no specific training exists for labour inspectors in the area of agriculture, but that the training system of the State Labour Inspectorate ensures the competence of inspectors to perform inspections of undertakings in all sectors and that individual inspectors have relevant education and previous experience in the field of agriculture. The Committee recalls once again that the specific characteristics of work in the agricultural sector involve specific risks for workers, for example, risks related to the handling and use of dangerous chemicals and pesticides as well as agricultural machinery and therefore require that inspectors keep abreast of developments in this field through continuous and adequate training. The Committee therefore asks the Government to provide further information on how it is ensured that the training provided for labour inspectors enables them to acquire and maintain the technical knowledge necessary to perform their duties adequately in the agricultural sector (training provided in relation to agricultural subjects, and its proportion in the new training system referred to in the Government’s report under Convention No. 81). The Committee would also like to draw the Government’s attention to Paragraphs 4–7 of Recommendation No. 133 on the minimum qualifications needed by labour inspectors called upon to work in the agricultural sector.

Articles 15(b) and 21. Transport facilities for labour inspectors in agriculture and inspection visits. The Committee’s previous comments concerned the need to enable labour inspectors to carry out inspections of agricultural undertakings in accordance with Article 21 as often and as thoroughly as is necessary notably through sufficient transport facilities and the refunding of transport costs. The Committee notes in this regard that the number of inspection visits in agriculture seems to have increased (308 visits in 2006 against 384 visits in 2010), while the number of workers in agricultural undertakings seems to have decreased (88,400 in 2006 against 82,500 in 2010). The Committee would be grateful if the Government would provide information on the availability of transport and other facilities at the labour inspection services that take account of the distant and remote nature of agricultural undertakings, as well as any equipment for measurement and analysis at the disposal of labour inspectors.

Articles 26 and 27. Annual report on labour inspection in agriculture. The Committee notes the Government’s indication that, while it has not yet been technically possible to include separate information by sector in annual labour inspection reports, the information on labour inspection activities in agriculture required under Article 27 of the Convention will be included separately in the labour inspection report for 2011. The Committee notes with interest the Government’s indication that the implementation of an electronic database at the State Labour Inspectorate, as of 2012, also mentioned under Convention No. 81, will provide the technical possibility to acquire most of the data requested under the Convention. It also notes the indication that information on the number of workplaces in agriculture and the workers employed therein is currently available from the Central Statistics Bureau (CSB). The Committee requests the Government to keep the ILO informed of the progress made in the introduction of this system and its impact on the elaboration and publication of an annual report on labour inspection activities in agriculture.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

With reference to its observation, the Committee requests the Government to continue providing information on the effect given to the recommendations of the tripartite mission for the audit of the labour inspection system in 2005 and, in particular, information on the following points.

Article 6 of the Convention. Status of the staff of the labour inspectorate. In its previous comments, the Committee had requested information on the status of inspection “employees” among the staff of the labour inspectorate. The Committee takes due note of the information provided by the Government according to which the “civil servants” in the labour inspectorate exercise functions of supervision and control and other tasks specified in the law. The Committee also notes the information provided on the terms of their employment (wages and leave). The Committee would be grateful if the Government would further clarify the status of labour inspection “employees” and, in particular, the manner in which they are ensured of stability of employment and independence of any external influences and to send copy of the legal provisions governing their conditions of service.

Article 7(3). Adequate training for labour inspectors. The Committee takes note of the information provided by the Government in reply to its previous comments on the various training programmes at the disposal of labour inspectors initially or during the course of employment with an indication of their duration and the subjects covered. The Committee would be grateful if the Government would continue providing information on the initial and on-the-spot training sessions organized for labour inspectors in 2010.

Article 12(1)(a). Extent of the right of free access by labour inspectors to workplaces liable to labour inspection. The Committee notes with interest that, according to section 5(2)(1) of the State Labour Inspectorate Law, officials of the labour inspectorate have the right to visit and inspect persons and objects liable to control without prior notification or without receiving permission, also in the absence of the employer. However, this right is limited to the day period. The Committee recalls that, according to Article 12(1)(a) of the Convention, labour inspectors should enjoy such a right of free access to workplaces liable to inspection at any hour of the day or night. In paragraph 267 of its General Survey of 2006 on labour inspection, the Committee stresses that the conditions for the exercise of the right of free entry to workplaces laid down by the Convention are intended to allow inspectors to carry out inspections, where necessary and possible, to enforce the application of legal provisions relating to conditions of work. The protection of workers and the technical requirements of inspection should be the primordial criteria for determining the appropriate timing of the visits, for example to check for violations, such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped. The Committee is of the view that it should be for the inspector to decide whether a visit is reasonable as long as inspections are only carried out at night or outside working hours where this is warranted. The Committee therefore requests the Government to do its utmost to supplement the legislation by a provision, according to which labour inspectors are authorized to access freely also by night workplaces liable to inspection.

Article 15. Professional ethical principles. The Committee takes due note of the information provided by the Government on the content of the Ethics Code developed for labour inspectors in the context of the 2005 and 2006 amendments to the Law on the prevention of conflicts of interest in the operations of state officials. It notes that no information is provided with regard to the obligation of confidentiality by the labour inspectors as to the source of any complaint bringing to their notice a defect or breach of legal provisions as well as to the relation between the complaint and the visit, as provided in Article 15(c). The Committee would be grateful if the Government would specify any provisions which impose on labour inspectors an obligation of confidentiality as to complaints.

Articles 18 and 21(e). Penalties. In its previous comments the Committee requested the Government for clarifications concerning the minimum amounts of the fines applicable in the event of violations by individuals of either the occupational safety and health (OSH) regulations giving rise to a direct threat to the health or safety of workers, or of the obligation to conduct an investigation into a work accident resulting in serious injury or the death of a worker, which appeared to have decreased (the minimum fine falling from 500 Latvian lats (LVL) to LVL350 in both cases). The Committee would be grateful if the Government would provide clarifications in this respect and if it would continue to provide information on the administrative penalties actually imposed by labour inspectors.

Article 5(a) and Article 21(e). Effective cooperation between the labour inspection services and the justice system. In its previous comments, the Committee referred to its 2007 general observation, which encourages effective cooperation between the labour inspection services and the justice system, and requested the Government to indicate whether appropriate measures have been taken, as required by Article 5(a), to promote such cooperation, particularly with a view to raising the awareness of judges concerning the role of labour inspection in the protection of workers and ensuring that the labour inspectorate is informed of judicial decisions relating to its activities. The Committee takes due note of the Government’s reply that the labour inspectorate shall cooperate with the justice system in the field of employment rights and labour protection; if an accident has occurred at work, the subsequent actions of the labour inspectorate in the investigation shall depend on court judgements, for example to determine if the accident victim was employed by the relevant employer, and on opinions of forensic experts, for example, if the cause of death is not connected to the accident. Moreover, the Government indicates that Cabinet Regulation No. 432 of 21 June 2005, on procedures for operative exchange of information, prescribes the exchange of information among administrative entities including the labour inspectorate in performing their functions. The Committee would be grateful if the Government would provide further information on the number of cases referred to the courts by the labour inspectorate and the outcome of the judicial examination.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee takes note of the Government’s report, which was received on 12 October 2009, and the attached documents.

Articles 3(1), (2) and 10 of the Convention. Principal labour inspection functions and the strengthening of inspection staff. The Committee notes from the Government’s report and the annual labour inspection reports sent to the ILO (covering 2007 and 2008) that there are two distinct structures within the labour inspection system to deal respectively with labour relations and labour protection. The Committee notes that the officials exercising their functions in both structures are all labour inspectors but the number of those assigned to combating illegal employment has been increased while the number of those assigned to supervising conditions of work has been reduced and a number of vacancies remained for the position of inspector and competitions were under way, as of 1 June 2009. The Committee must recall that, according to Articles 2 and 3(1) of the Convention, the labour inspection system should primarily be aimed at ensuring the application of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Consequently, the control of the legality of employment can only be considered as an additional function entrusted to the labour inspection structures. According to Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of the primary duties defined in paragraph 1 of the same Article or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

However, the Committee notes that, according to the Government and to the information included in the annual reports for 2007 and 2008, the labour inspectorate mainly focuses on illegal employment as an issue becoming even more pressing in the current conditions of high budget deficit and unemployment in the context of the economic crisis. In 2008, 4,554 inspections aimed at combating illegal employment resulted in the identification of 623 cases of illegal employment, the conclusion of 600 written employment contracts between workers in irregular situations and their employers, and the stoppage of labour relations of a number of shadow workers (1,023). No information is provided concerning the protection of the rights of the latter derived from their employment relationship in connection with the period worked. The Committee cannot emphasize enough the importance of ensuring that the same protection should be provided to all workers by the labour inspection system regardless of the type of the employment relationship. It emphasizes in paragraph 77 of its General Survey of 2006 on labour inspection that the Convention does not contain any provision suggesting that any worker be excluded from the protection afforded by labour inspection on account of their irregular employment status and that, to be compatible with the objective of labour inspection, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers (wages, leave benefits, overtime and any other related matters).

The Committee requests the Government to provide information on the structure of the labour inspectorate and the number of positions allocated respectively to the supervision of labour relations and labour conditions, as well as those positions which remain vacant.

The Committee also requests the Government to indicate the measures taken or envisaged to ensure that the functions entrusted to the labour inspectorate to combat illegal employment do not interfere with the effective discharge of the primary duties defined by the Convention which are aimed at securing the application of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. If no measures have been taken or envisaged, the Government is requested to take such measures and to keep the ILO duly informed.

Articles 3(1) and 21(d) and (e). Labour inspection enforcement activities and relevant statistics. The Committee notes with interest from the annual report of the labour inspection service in 2008, the information concerning its activities centred on the issue of occupational safety and health (OSH), in pursuance of the objective of the implementation of European Union campaigns in the area of OSH (SLIC information and inspection campaign on manual handling of loads, and information campaign on risk assessment), including inspection campaigns in sectors with increased risk of accidents and occupational diseases (in 2008, construction, textiles, and hairdressers and beauty parlours). The Committee observes however that the statistical data provided do not enable the Committee to evaluate the activities carried out in relation to other areas of labour conditions such as wages, working time, leave, child labour and areas of protection of workers such as social security, freedom of association, etc. and the results achieved in terms of legal notices, injunctions, fines, etc. The statistics only refer to violations identified and sanctions applied by the labour inspectorate in relation to so-called “labour protection”, without further detail as to the nature, area and seriousness of the legal provisions at issue nor to the nature of the sanctions imposed. The Committee would be grateful if the Government would provide detailed statistical data on the labour activities and results achieved with regard to legal provisions relating to conditions of work and the protection of workers while engaged in their work. To be in a position to assess the level of application of the Convention, the Committee would be grateful if the Government would also ensure that, in the future, the labour inspection annual reports include the number of workplaces liable to inspection, the number of inspection visits made, their purpose, the classification of infringements according to the legal provisions to which they relate, and the nature of the penalties imposed (see the Labour Inspection Recommendation, 1947 (No. 81), Paragraph 9(b)(ii), (c)(i), (d)(ii) and (e)(ii)). The Committee also refers in this regard to its general observation of 2009 on the crucial importance of information on the number of industrial and commercial workplaces liable to inspection and the number of workers employed therein.

Article 14. Notification of industrial accidents and cases of occupational disease. In its previous comments, the Committee had noted the adoption of Regulation No. 585 of 9 August 2005 establishing the procedure for the investigation and registration of work accidents, as well as Regulation No. 908 of 6 November 2006 on the procedure for the investigation and registration of cases of occupational diseases and had requested information on the operation of these procedures in practice and their impact on the detection and registration of work accidents and cases of occupational disease. The Committee notes with interest that in 2008, for the first time in five years, the number of accidents fell in part thanks to inspection campaigns implemented in high risk sectors which had not been previously inspected, and an active publicity campaign in the media. It also notes with interest that, according to the Government, an occupational therapist can request the labour inspection service to prepare an OSH report on the workplace in order to evaluate how the work may have influenced a person and diagnose an occupational disease, even in cases where the indications of an occupational disease are revealed in an employee or a person after termination of the employment relationship. The Committee would be grateful if the Government would continue to provide information on the operation of the procedures for the investigation and registration of work accidents and cases of occupational disease and, in particular, their impact on the registration of work accidents and cases of occupational disease.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Referring also to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee takes note of the Government’s report received on 12 October 2009.

Article 6(1)(a) and Articles 14, 20, 26 and 27 of the Convention. For many years, the Committee has been regretting the absence in annual reports on the work of the inspection services of specific data on the activities of the labour inspectorate in agriculture, with the exception of statistics of occupational accidents and diseases, which are presented by sector of economic activity. In its previous comments, the Committee observed that the activities of the labour inspectorate in the agricultural sector appeared to be focused on combating illegal employment and not on the conditions of work and the protection of workers while engaged in their work, as required by the Convention.

The Committee notes from the latest annual report provided by the Government that the highest number of accidents for 2008 was in the timber‑processing sector, due primarily to lack of experience, insufficient training and professional skills of accident victims, as well as non-use of personal protective equipment and lack of safety appliances. The Committee recalls once again that the specific characteristics of work in the agricultural sector involve specific risks to which workers are exposed (for example, risks related to the handling and use of chemicals and agricultural machinery) and therefore requires specific skills from inspectors acquired through adequate training (Article 9(3)) and facilities (Article 15), such as transport and other facilities that take account of the distant and remote nature of agricultural undertakings, as well as appropriate equipment for measuring and analysis. Only where relevant training is provided to labour inspectors, can the latter perform the very important preventive function entrusted to them according to Article 6(1)(b) of the Convention, namely to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions. In this regard, Paragraph 2 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133) promotes the association of the labour inspectorate in agriculture in training of workers and Paragraph 14 relates to the appropriate means by which Members should promote education campaigns intended to inform the parties concerned, not only of the need to apply strictly the legal provisions but also of the dangers to the life or health of persons working in agricultural undertakings and the most appropriate means of avoiding them. The Committee has noted significant progress with regard to the safety and health of workers in countries where such campaigns were carried out, particularly in forestry work. The Committee therefore urges the Government to take appropriate measures to ensure that agricultural undertakings liable to inspection are inspected as often and as thoroughly as necessary. Referring to its 2009 general observation under this Convention, it would be grateful if the Government would indicate whether the labour inspection services can base their work on a census of agricultural undertakings liable to inspection and the workers engaged therein so as to be able to plan the activities to be undertaken in the sector and allocate the necessary resources. If this is not the case, the Government is requested to take measures for this purpose and to keep the Office duly informed. Finally, the Committee would be grateful if the Government would ensure that the annual report on the inspection activities in the agricultural sector contains detailed information as requested by Article 27.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee takes note of the Government’s report and the information it contains in relation to the substantial institutional changes which took place in 2007 in the field of professional career services, in particular, the merger of the State Professional Career Choice Agency with the State Employment Agency, the creation of an advisory council at the State Employment Agency to formulate opinions and proposals to the Minister for Welfare regarding the implementation of employment policies and the adoption of amendments to the Act on Support for Unemployed Persons and Persons Seeking Employment which came into force on 19 July 2007 in order to specify the competence of the various ministries involved in the field of unemployment policy (Ministry of Economics, Ministry of Welfare, Ministry of Education and Science).

Articles 6 and 10 of the Convention. Impact of austerity measures on labour administration. The Committee recalls that in its previous comments it had welcomed among other things, the information provided by the Government on the criteria for selecting and remunerating public labour officials and the need to provide them with conditions of service and work which allow them to continue in their posts and improve their skills and qualifications. It had requested the Government to provide information on any change in the functioning of the labour administration system.

The Committee notes that in the context of the current economic crisis and an emergency agreement with the European Commission and the International Monetary Fund (IMF), Latvia has been one of the first European States to introduce austerity measures in 2009. It notes that according to publicly available information, on 9 June 2009 an agreement was reached on the creation of a government-level crisis working group with the involvement of the social partners. On 16 June 2009 the Parliament (Saeisma) adopted amendments to the Law on Insurance in Case of Unemployment which came into force on 1 July 2009 in order to increase state support to the unemployed. However, this measure was accompanied by a reduction in social guarantees: among other things, the Parliament adopted on 16 June 2009 the Act on State Pension and State Allowance Disbursement in the period from 2009 to 2012 which drastically reduced old-age pensions and benefits. This Act was subsequently declared unconstitutional by the Latvia Constitutional Court Decision No. 2009-43-01 of 21 December 2009 on the grounds that the measures in question were disproportionate and did not comply with the principle of protection of legitimate expectations. The Committee also notes that on 1 December 2009 the Saeisma adopted Latvia’s revised budget for 2010, which introduced significant tax increases and reduced government expenditure to 2004 levels. The Committee understands that both the Latvian Free Trade Union Federation (LBAS) and the Employers’ Confederation of Latvia have publicly expressed apprehension about the impact of these measures on the competitiveness of Latvian business and on employment levels in times of recession.

The Committee would be grateful if the Government would provide in its next report an assessment of the impact of the above measures on the application of the Convention, especially Article 6, according to which the competent bodies within the system of labour administration shall be responsible for the preparation, administration and review of a national labour policy, including a national employment policy, by among other things, studying and keeping under review the situation of employed, unemployed and underemployed persons and making services available to employers and workers and their respective organizations.

The Committee would also be grateful if the Government would indicate the impact of the above measures in relation to Article 10 of the Convention according to which the staff of the labour administration shall have the status, material means and financial resources necessary for the effective performance of their duties.

The Committee finally requests the Government to provide any additional legislative text adopted in the framework of the austerity measures with regard to labour market issues along with an evaluation of its expected impact.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report contains information on the operation of the labour inspection system as a whole, and that it covers all sectors of economic activity.

Articles 6, paragraph 1(a), 14, 20, 26 and 27 of the Convention. For many years, the Committee has been regretting the absence in annual reports on the work of the inspection services of specific data on the activities of the labour inspectorate in agriculture, with the exception of statistics of occupational accidents and diseases, which are presented by sector of economic activity. In its previous comment, the Committee once again emphasized the value of publishing this information separately, either in the form of a separate report or as part of a general report, and it requested the Government, in the meantime, to provide the specific information on the agricultural sector required by each part of the report form.

It emerges from the Government’s reply that such measures have still not been taken. The Committee nevertheless notes that the only information provided on the work of the labour inspectorate in the agricultural sector indicates that such activities are focused on combating illegal employment and not on the conditions of work and the protection of workers while engaged in their work, as required by the Convention.

The Committee recalls that the specific characteristics of work in the agricultural sector involve specific occupational risks to which workers are exposed (for example, risks related to the handling and use of chemicals and agricultural machinery) and therefore requires specific skills from inspectors acquired through adequate training (Article 9, paragraph 3) and facilities (Article 15), such as transport and other facilities that take into account the distant and remote nature of agricultural undertakings, as well as appropriate equipment for measuring and analysis.

The statistics on accidents at work and occupational diseases in agriculture, contained in the annual report for 2006, reveal a not insignificant proportion of accidents resulting in the death of workers in the sector (eight in 2006 out of a total of 53 for all sectors combined) and of cases of registered occupational diseases (54 in 2006 out of a total of 569). The Committee requests the Government to indicate the measures taken to ensure that agricultural undertakings liable to inspection are inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions relating to conditions of work and the protection of agricultural workers while engaged in their work. It would be grateful if the Government would indicate whether the labour inspection services can base their work on a census of agricultural undertakings liable to inspection and the workers engaged therein so as to be able to plan the activities to be undertaken in the sector and allocate the necessary resources. If this is not the case, the Government is requested to take measures for this purpose and to keep the Office duly informed.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

With reference to its observation on this Convention, the Committee requests the Government to continue providing information on the effect given to the recommendations of the tripartite mission for the audit of the labour inspection system in 2005 and, in particular, information on the following points.

Article 6 of the Convention. Status of the staff of the labour inspectorate. The Committee notes in the part of the annual report on the work of the labour inspectorate for 2006 relating to staff, that there appears to be a distinction between “civil servants” and “employees” in the labour inspectorate (180 and 31 budgeted positions, respectively). The Committee would be grateful if the Government would provide clarifications on the status of inspection “employees”, with an indication of the manner in which they are ensured of stability of employment and are independent of any external influences, and on the legal provisions governing their conditions of service.

Article 7, paragraph 3. Adequate training for labour inspectors. The Committee notes the efforts made by the Government and the action undertaken to improve the training of labour inspectors, both in relation to general and sectoral training and training activities on specific themes, including in the context of European Social Funds projects. The Committee would be grateful if the Government would continue to provide information on the training programmes prepared and the training that is actually provided to labour inspectors initially or during the course of employment, with an indication of their duration and regularity and the subjects covered.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes the adoption of Regulation No. 585 of 9 August 2005 establishing the procedure for the investigation and registration of work accidents, which contains provisions calling for an exchange of information between medical institutions and the labour inspectorate with a view to identifying concealed accidents. Also noting the adoption of Regulation No. 908 of 6 November 2006 on the procedure for the investigation and registration of occupational diseases, the Committee would be grateful if the Government would provide information in its next report on the operation of these procedures in practice and their impact on the detection and registration of work accidents and cases of occupational disease.

Articles 18 and 21(e). Penalties. The Committee notes the new provisions of the Administrative Violations Code (section 41) establishing administrative penalties applicable for violations of the legislation respecting industrial relations and occupational safety and health. The Committee notes with interest that these provisions establish higher penalties for repeat offences. However, in the light of the information provided by the Government in its report received in 2005, it would appear that the minimum amounts of the fines applicable in the event of violations by individuals of either the occupational safety and health regulations giving rise to a direct threat to the health or safety of workers, or of the obligation to conduct an investigation into a work accident resulting in serious injury or the death of a worker, have however decreased (the minimum fine falling from 500 Latvian lats (LVL) to LVL350 in both cases). The Committee would be grateful if the Government would provide clarifications in this respect and if it would continue to provide information on the administrative penalties actually imposed by labour inspectors.

Furthermore, the Committee requests the Government to ensure that information on the penal sanctions imposed under section 146 of the Penal Code, and effectively imposed on those responsible for violations, are also included in the annual report of the labour inspectorate.

Finally, with reference to its 2007 general observation, which encourages effective cooperation between the labour inspection services and the justice system, the Committee also requests the Government to indicate whether appropriate measures have been taken, as required by Article 5(a), to promote such cooperation, particularly with a view to raising the awareness of judges concerning the role of labour inspection in the protection of workers and ensuring that the labour inspectorate is informed of judicial decisions relating to its activities.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the detailed information contained in the Government’s report for the period ending June 2007 and the numerous legislative texts attached. In its previous observation, it noted the report of the tripartite mission which had undertaken an audit of the labour inspection system in October 2005 and it requested information on the measures taken to give effect to the recommendations of the mission as they related to the present Convention. The Government reports in this respect the formulation of strategies and the implementation of programmes intended to develop a preventive culture in the field of occupational safety and health at the national level and involving the labour inspection services to a large extent.

Article 6 of the Convention. Conditions of service of labour inspectors. With regard to the staff of the labour inspectorate, the Committee emphasized in its previous comment the recommendations concerning the improvement in the conditions of service of inspectors, and particularly the need to increase their remuneration. It notes with satisfaction that, according to the information provided by the Government in its report, the salaries of personnel in the labour inspectorate were increased by an average of 69 per cent in 2006, and then by 78 per cent in 2007, and that the salaries of junior state labour inspectors more than doubled in 2007, rising from 123 Latvian Lati (LVL) to LVL250 (or around US$525).

Article 3, paragraph 1, and Article 10. Principal functions of the labour inspectorate and the strengthening of inspection staff. The Committee notes the creation in 2006 of seven positions in the labour inspectorate which, according to the Government, have been assigned to combating illegal employment, one of the fields of priority action determined by the Ministry of Social Protection for that year. However, it notes that, taking into account the positions vacant (43 on 31 December 2006, or one-fifth of the inspection staff), the total number of positions filled in 2006 is slightly lower than that of 2005. The Committee would be grateful if the Government would specify whether the vacant positions are for inspectors and it hopes that the Government will be in a position to take the necessary measures to fill the positions in the near future. It requests the Government to provide information on any development in this respect and also to indicate the manner in which it will be ensured that inspections relating to conditions of work and the protection of workers while engaged in their work continue to be carried out by all labour inspectors.

Article 15. Professional ethical principles. The Committee takes due note of the adoption, in the context of the 2005 and 2006 amendments to the Law on the prevention of conflicts of interest in the operations of State officials, that an Ethics Code has been developed for labour inspectors. The Committee requests the Government to provide detailed information on the content of this Code, and particularly on the principles that it advocates in relation to each clause of Article 15 of the Convention, namely relating to the absence of direct or indirect interest, professional secrecy and confidentiality as to the source of complaints.

Articles 20 and 21. Annual report on the work of the labour inspection services. The Committee notes the annual reports on the work of the labour inspectorate for 2004, 2005 and 2006, which were attached to the Government’s report. It notes in particular with satisfaction the detailed nature and quality of the information, and particularly the statistics that they contain. These data enable the Committee to gain an overview of the labour inspection system and to fully assess its operation. With regard to information relating to the violations reported, the Committee would be grateful if the annual report on the work of the inspection services continued to include information of an analytical nature on the type of violations (for example, technical violations relating to occupational safety and health or the organization of work, or violations concerning employment contracts or the payment of wages), as was done in the reports for 2004 and 2005.

The Committee is also addressing a request directly to the Government on other points.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Further to its previous comments, the Committee notes with satisfaction the detailed information provided by the Government on the application of the Convention, with each development illustrated by precise data reflecting, most notably, the importance given by the public authorities to the tripartite aspect of this instrument, to the coordination of the tasks and responsibilities of the labour administration system, to the criteria for selecting and remunerating public labour officials and to the need to provide them with conditions of service and work which allow them to continue in their posts and improve their skills and qualifications.

The Committee also notes with interest the proliferation of collective agreements, notably in undertakings where there is trade union representation, and that, within the framework of the PHARE project on the promotion of bipartite social dialogue, a web site has been created (http://www.socialaisdialogs.lv) to familiarize the public with this issue. It also notes that a review of the Law on trade unions was undertaken in 2004, with a view to bringing it into line with ILO Conventions, Recommendations and resolutions and ensuring that the decisions and agreements adopted as a result of negotiation are of a binding nature.

The Committee would be grateful if the Government would indicate any changes in the functioning of the labour administration system over the period covered by the next report and provide a copy of the Trade Union Act once it has been adopted.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee takes note of the Government’s report for the period ending in June 2005. It observes that most of the information concerns recent developments in the legislation on a number of subjects such as the organization of labour administration, and the amendment of the Labour Code, the Penal Code and the Administrative Offences Code in order to expand the legal basis and enhance the role of labour inspection in general. The Committee also notes the report of the tripartite labour inspection audit carried out with technical assistance from the ILO and the recommendations it contains. It would be grateful if the Government would provide information in its next report on the action taken or envisaged to give effect to the recommendations to increase the human and material resources for inspection in order to improve implementation of the legal provisions on working conditions and the protection of agricultural workers.

1. Articles 26 and 27 of the Convention Annual report on inspection in agricultural undertakings. The Committee notes that no information on the work of the inspection services in agriculture has been sent with the Government’s report. In its previous comments, it expressed the hope that relevant information on the activities of the inspection services in agriculture, as required by Article 27 of the Convention, would be shortly published and communicated to the International Labour Office in a consolidated manner either in the form of a separate report, or as part of its general annual report. The Committee notes the Government’s confirmation that no such report exists and that the annual inspection report covers all activities undertaken by the labour inspectorate, including in agriculture. The Committee would like to draw the Government’s attention to the fact that the annual inspection report required by the Convention is an essential tool for evaluating the work of the inspection services in agriculture and a source of information essential to determining the means for improving it. Publication of such a report should also enable the social partners in the agricultural sector to assess whether the means used and the measures taken to achieve the purposes of inspection are effective and to express their views and propose improvements. Specific information must therefore be easily identifiable, even in a report covering other sectors of the economy. The Committee is therefore bound to remind the Government of the obligations deriving specifically from this Convention and to ask it once again to take the necessary steps to ensure that the central inspection authority publishes and sends to the ILO, in one of the forms provided for in Article 26, an annual report containing the information required for each of the items at Article 27(a) to (g). Pending such a report, the Committee requests the Government to provide in its report on the application of the Convention the information specific to the agricultural sector required by each part of the report form.

2. Articles 15(b) and 21. Transport facilities for labour inspectors in agriculture and inspection visits. With reference to the abovementioned tripartite audit report for 2005 on the inspection system, the Committee notes that the obstacles to effective inspection include insufficient transport facilities and the fact that the few inspectors who use their own vehicles are seldom refunded their transport costs. The Committee notes that the Government has not sent, as announced in its report, the text of Regulation No. 219 of 28 May 2002, and accordingly asks it to indicate the measures taken to enable labour inspectors to carry out inspections of agricultural undertakings in accordance with Article 21 as often and as thoroughly as is necessary to ensure the effective application of the provisions enforceable by labour inspectors, and to provide copies of any relevant texts.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee has taken note of the information contained in the Government’s report received in September 2005.

1. Labour inspection audit. The Committee has taken due note of the report of the tripartite mission for the audit of the labour inspection system in Latvia which was undertaken with the technical support of the ILO in October 2005. The Committee observes that several recommendations contained in the report relate directly to the application of the Convention. It notes, in particular, the recommendations concerning the need to strengthen enforcement of the legal provisions, for example by imposing tougher penalties and by submitting cases of repeated violations to the Public Prosecutor’s Office, as well as the recommendations relating to the conditions of work for inspectors, calling amongst other things for an increase of the inspectors’ remuneration. The Committee looks forward to receiving from the Government detailed information on the progress achieved in implementing the recommendations of this tripartite audit on the labour inspection system.

2. Legislation. The Committee has taken note of the adoption, between 2003 and 2005, of a number of regulations, by-laws, orders and amendments, which provisions have an effect on the implementation of the Convention. The Committee notes, in particular, with interest the Amendments to the Criminal Law of 12 February 2004, which adds new sanctions in case of breaches of the requirements governing labour protection, Regulation No. 284 on labour protection requirements for safeguarding of employees against risks caused by vibration in work environment of 13 April 2004 and Regulation No. 852 on labour protection requirements in work with asbestos of 12 October 2004, the implementation of which will be controlled by the State Labour Inspection. The Committee further notes that the Government refers to certain legislative texts, in particular the Amendments to the Administrative Offences Code of Latvia of 25 March 2004, the Amendments to the State Labour Inspection Law of 7 October 2004, the Amendments to the Labour Protection Law of 16 December 2004, Regulation No. 99 regarding the types of entrepreneurship where the employer shall involve a competent institution and Regulation No. 101 regarding requirements towards the competent institutions and competent specialists in labour protection matters and procedure for assessment of the competence, both of 8 February 2005. As these texts were not enclosed with the Government’s report and as compliance with some of these regulations will have to be controlled by the State Labour Inspection or add additional rights to the labour inspectors, the Committee would be grateful if the Government could provide a copy of the said texts in order for it to evaluate their effect in light of the requirements of the Convention.

3. Publication of an annual report. The Committee notes the Government’s indication according to which the annual report of the State Labour Inspection for the year 2004 was sent to the ILO in May 2005. As it appears that the Office never received this report, the Committee trusts that the Government will ensure that an annual report on all the issues mentioned under Article 21 will be published and communicated to the ILO within a reasonable period, as prescribed by Article 20 of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

With reference to its observation on the application of the Labour Inspection Convention, 1947 (No. 81), the Committee notes the Government’s reports. It draws its attention to the following points.

1. Annual report on the activities of the inspection services in agriculture. The Committee notes that information on the work of the inspection system in agricultural enterprises is not presented separately in the annual inspection reports covering all economic sectors. The Committee once again hopes that the Government will ensure that, in the near future and in accordance with the Convention, information on the activities of the inspection services in agriculture, as required by Article 27, is published and communicated to the International Labour Office in a consolidated manner either in the form of a separate report, or as a part of its general annual report (Article 26).

2. Reimbursement of the professional travel expenses of labour inspectors in agriculture. The Committee requests the Government to provide a copy of Regulations No. 219 of 28 May 2002 on the procedure for the reimbursement of expenses relating to missions and business trips of employees, referred to in its report.

3. Communication of the results of the inspection. The Government is requested to indicate whether, as envisaged in Article 18, paragraph 4, of the Convention, the labour inspector is bound, when visiting an agricultural enterprise, to make known immediately to the employer and the representatives of workers the defects noted and the orders made. If this is not the case, the Committee would be grateful if the Government would ensure that effect is given to this provision and would keep the Office informed accordingly.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with satisfaction the manner in which effect is given to the provisions of the Convention by numerous laws and regulations adopted in recent years, including the Law of 22 September 2000 on the public service, the Laws of 20 June 2001 on labour protection and on labour, Regulation No. 293 of 9 July 2002 implementing section 13 respecting investigation procedures and the recording of accidents at work, of 9 July 2002, the Law of 28 December 2001 on state labour inspection and its implementing Regulation No. 158 of 16 April 2002 determining certain powers of labour inspectors. These instruments contain provisions on each of the matters covered by the Convention: the structure of the labour inspection system; the functions of the labour inspectorate; cooperation and collaboration between inspection services and other interested parties, such as institutions engaged in similar activities and organizations of employers and workers; the status, conditions of service, powers and duties of inspection staff; and the resources made available to them for the discharge of their functions. Furthermore, the Committee welcomes the quality and detailed nature of the information contained in the Government’s reports and in the annual inspection reports for 2001, 2002 and 2003. It further notes with interest that the results of inspection activities are examined by the central authority with a view to their analysis and the identification of solutions to improve the inspection system for better enforcement of the legislation. In the view of the Government, even though efforts still have to be made, particularly in relation to the supervision of occupational safety and health conditions in a climate dominated by a high level of economic competitiveness, the updating of the census of workplaces has made it possible to extend the supervision of the labour inspectorate to many activities which fell outside such supervision up to the present. The Committee considers that the achievement of the objectives set out in the labour inspection instruments necessarily involves exhaustive knowledge of workplaces, which in turn involves the regular updating of their registration. It hopes that the publication of the annual report will not fail to give rise to reactions by the representative organizations of employers and workers and that any points of view expressed by them can be brought to the knowledge of the Office in accordance with the relevant procedures.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the documentation supplied in annex. It requests the Government to provide additional information on the following points.

Article 5(b) of the Convention. According to the Government, the labour inspection services and the social partners collaborate in the context of a Sub-Council of the National Tripartite Cooperation Council, as well as through projects and activities at the national and regional levels. The Committee would be grateful if it would indicate the nature and arrangements for such collaboration in the context of the above projects and activities.

Article 10. The Committee notes that in December 2000, of the 181 positions budgeted for labour inspectors, 165 were occupied. It requests the Government to indicate any measures which have been taken or are envisaged to fill the positions in such a way as to meet the needs envisaged in budgetary allocations.

Article 12, paragraphs 1(c)(iii) and 2. The Committee once again requests the Government to indicate whether labour inspectors are authorized, on the one hand, to enforce the posting of notices required by legal provisions and, on the other hand, to decide on the occasion of an inspection visit not to notify the employer or his representative of their presence where they consider that such notification may be prejudicial to the effectiveness of the inspection. If not, the Government is requested to ensure that measures are taken to give effect to these two provisions of the Conventions.

Article 14. Noting that the Medical Advisory Commission of the Professional and Radiation Centre of Medicine of the Paul Stradins Clinic University Hospital notifies the labour inspectorate of cases of occupational diseases and provides the relevant information for investigations, the Committee requests the Government to provide a copy of any relevant text.

Articles 20 and 21. The Committee would be grateful if the Government would take any necessary measures to ensure that an annual inspection report covering the matters set out in points (a) to (g) of Article 21 is published regularly and communicated to the ILO within the time limits set out in Article 20.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's first report (period ending 31 May 1999). It requests the Government to provide further information and clarification on the application of the following provisions of the Convention.

Article 2, paragraph 1. Please specify whether the duties carried out by the hygienists (at central level, in the regions and towns) and by their deputies, in respect of hygiene and epidemiology fall within the sphere of responsibility of the State Sanitary Inspection, or of a separate inspection system.

Article 5, paragraph (b). Please indicate the particular forms of collaboration between officials of the State Labour Inspectorate and employers and workers, or their organizations.

Article 6. Please indicate the grounds for termination of employment of civil servants according to their particular statute.

Article 11, paragraph 1(b). The Committee asks the Government to provide information on the transport facilities supplied to regional state labour inspectorates besides those mentioned in the report.

Article 12, paragraph 1(c)(iii). Please indicate whether state labour inspectors have the powers provided for in this provision of the Convention and, if so, indicate the corresponding provisions of the national legislation.

Article 12, paragraph 2. Please indicate the legal provisions giving effect to these provisions and the manner in which they are applied in practice.

Article 14. The Committee asks the Government to clarify whether employers are obliged to notify the State Labour Inspectorate of cases of occupational disease; and to indicate the provisions of legislation obliging the consultative commission of physicians of the Centre of Occupational and Radiation Medicine of Pauls Stradins Teaching and Research Hospital of the Latvian Medical Academy to inform the State Labour Inspectorate of cases of occupational disease.

Article 27. Please clarify whether the Regulations of the Tripartite National Council of Employers, State and Trade Unions, ratified on July 12, 1996 and the law on the technical supervision of dangerous equipment, dated 23 February 1995, are still effective or whether they have been superseded respectively by the Regulations of the National Tripartite Cooperation Council, of 30 October 1998 and by the law of the Republic of Latvia on the technical supervision of dangerous equipment, of 24 September 1998. Please also state whether collective agreements in Latvia are enforceable by the State Labour Inspectorate and, if so, provide information on the relevant legal provisions.

The Committee also asks the Government to provide a copy of the Civil Service Act of 21 April 1994.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's first report for the period ending 31 July 1998. It requests the Government to provide further detailed information on the application of the following provisions of the Convention:

Article 2. Please clarify whether the Regulations of the Tripartite National Council of Employers, State and Trade Unions, ratified on 12 July 1996 and the law on the technical supervision of dangerous equipment", of 23 February 1995, are still effective or whether they have been superseded respectively by the Regulations of the National Tripartite Cooperation Council, of 30 October 1998, and by the law of the Republic of Latvia on the technical supervision of dangerous equipment", of 24 September 1998; and whether collective agreements are enforceable by the State Labour Inspectorate and, if so, in virtue of which provisions of national laws or regulations.

Article 5, paragraph 1. Please clarify whether the provisions of the Convention are applied to the persons participating in a collective economic enterprise, such as the members of a cooperative specified in Article 5(1)(b).

Article 5, paragraph 3. The Committee asks the Government to provide information as to what extent effect has been given or is proposed to be given to the provisions of the Convention in respect of tenants who do not engage outside help, sharecroppers and similar categories of agricultural workers.

Article 8, paragraph 1. Please indicate the grounds for termination of employment of inspectors depending on their status as public servants or not.

Article 8, paragraph 2. Please indicate whether and in what manner officials or representatives of occupational organizations have been included in the system of labour inspection and give details of their status, their conditions of service and the powers granted to them in the exercise of their functions.

Article 11. The Committee asks the Government to provide details in respect of the manner in which technical experts and specialists are associated in the work of labour inspection in agriculture.

Article 12, paragraph 1. Please indicate whether the government services and public or approved institutions engaged in activities similar to those of the labour inspection in agriculture, cooperate with the inspection services in agriculture and provide details on the forms of such cooperation.

Article 12, paragraph 2. Please indicate whether the competent authority has taken measures to apply this provision.

Article 13. Please indicate the particular forms of collaboration between officials of the labour inspection in agriculture and employers and workers, or their organizations.

Article 14. The Committee asks the Government to provide information on the number of labour inspectors performing their functions in agriculture and their distribution by categories, including in particular the number of inspectors assigned functions of a technical or specialized character.

Article 15, paragraph 1(b). Please provide information on the transport facilities made available to regional State Labour Inspectorates other than those mentioned in the report under Convention No. 81.

Article 16, paragraphs 2 and 3. Please indicate the legal provisions giving effect to these provisions of the Convention and the manner in which they are applied in practice.

Article 18, paragraph 4. Please indicate in what manner effect is given to this provision of the Convention.

Article 19, paragraph 1. The Committee asks the Government to clarify whether employers are obliged to notify the State Labour Inspectorate of cases of occupational disease; and to indicate specific provisions in the national laws which establish the duty of the consultative commission of physicians of the Centre of Occupational and Radiation Medicine of Pauls Stradins teaching and research hospital of the Latvian Medical Academy to inform the State Labour Inspectorate of cases of occupational disease.

Article 19, paragraph 2. Please provide information on whether labour inspectors in agriculture are associated with inquiries on the spot into the causes of occupational diseases.

Article 21. Please provide detailed information on the criteria applied for determining the frequency of inspections of agricultural workplaces.

Article 27(c). Please provide separate statistics of agricultural undertakings liable to inspection and the number of persons working therein.

Part V of the report form. Please clarify whether the "report on the application of the Convention" mentioned under Part V of the report form is different from the report submitted to the ILO under article 22 of the Constitution of the ILO.

The Committee also asks the Government to provide a copy of the text of the Civil Service Act of 21 April 1994.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's first report for the period ending 31 July 1998. It requests the Government to provide detailed information on the application of the following provisions of the Convention:

Article 3. Please state whether national legislation specifically indicates the activities in the field of national labour policy which are regarded as being matters regulated through negotiations between employers' and workers' organizations.

Article 4. Please provide information on any arrangements made to ensure the effective operation, and the coordination, of the functions and responsibilities of the labour administration system.

Article 5. Please provide information on arrangements made at the regional and local levels and in different sectors of economic activity to ensure the consultation, cooperation and negotiation provided for in paragraph 2 of this Article.

Article 6. The Committee asks the Government to indicate the provisions of national legislation requiring the state Employment Service to draw attention to defects and abuses in conditions of work and working life and terms of employment and submit proposals on means to overcome them (paragraph 2(b)); to make its services available to employers (paragraph 2(c)); and to make technical advice available to employers and workers and their respective organizations on their request (paragraph 2(d)).

Article 7. Please indicate whether the functions of the system of labour administration include activities relating to conditions of work and working life of workers such as: tenants who do not engage outside help, sharecroppers and similar categories of agricultural workers; self-employed workers who do not engage outside help; members of cooperatives and worker-managed undertakings; and persons working under systems established by communal customs or traditions, if any; and what measures have been undertaken or envisaged in order to promote the extension of its functions to such persons. Please clarify whether labour legislation is applicable to labour relations between a cooperative and its members.

Article 9. The Committee asks the Government to provide information on the manner in which the Ministry of Welfare exercises control over the activities of non-governmental organizations to which particular labour administration activities have been delegated.

Article 10. Please provide information on the specific forms of training of officials of the labour administration upon their entry into service and in the course of employment (paragraph 1); and on the material means and the financial resources allocated to the staff of the labour administration for the performance of its duties (paragraph 2).

Part V of the report form. Please provide information in respect of the results of realization of the International Labour Organization -- France Project RER/96/MO4/FRA "Strengthening of Inspection and Promotion of Practice under the General Working Conditions in the Baltic Countries" and the International Labour Organization -- the Finnish Baltic Labour Inspection Project RER/94/MO2/FIN and, in particular, measures taken that affect the organization and functioning of the labour administration.