On the ratification of the Convention on Labour Inspection in Agriculture

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Law of the Republic of Kazakhstan dated May 7, 2001 No. 195-II

To ratify the Convention on Labour Inspection in Agriculture (Convention 129), adopted in Geneva by the 53rd session of the General Conference of the International Labour Organization on June 25, 1969.

President N.Nazarbayev of the Republic of Kazakhstan

 International Labour Conference

Convention 129

Convention on Labour Inspection in Agriculture (Entered into force on July 6, 2002 - Bulletin of International Treaties of the Republic of Kazakhstan, 2002, No. 7, art. 54)

The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting on 4 June 1969 for its fifty-third session, taking into account the provisions of existing international labour conventions related to labour inspection, such as the 1947 Convention on Labour Inspection, which applies to Industry and Trade, and the 1958 Convention the Plantation Act, which covers a limited category of agricultural enterprises, Considering the desirability of adopting international standards on labor inspection in agriculture in general, having decided to adopt a number of proposals on labor inspection in agriculture, which is the fourth item on the agenda of the session, having decided to give these proposals the form of an international convention, adopts this twenty-fifth day of June one thousand nine hundred and sixty-ninth the following Convention, which may be referred to as the Convention of 1969 of the Year on Labor Inspections in Agriculture:

Article 1

1. For the purposes of this Convention, the term "agricultural enterprise" means enterprises or parts of enterprises engaged in land cultivation, animal husbandry, including livestock breeding and care, forestry, horticulture, primary processing of agricultural products by the farmer himself or any other agricultural activities. 2. When necessary, the competent authority, after consulting with the most representative organizations of interested entrepreneurs and workers, where available, distinguishes between agriculture, on the one hand, and industry and trade, on the other, in such a way as not to exclude any agricultural enterprise from the national labor inspection system. 3. In any case, when it is doubtful whether the Convention applies to any enterprise or part of an enterprise, the issue is decided by the competent authority.

Article 2

In this Convention, the term "legal provisions", in addition to laws and regulations, includes arbitration awards and collective agreements having the force of law, the application of which is ensured by labor inspectors.

Article 3

Each Member of the International Labour Organization in respect of which this Convention is in force is required to have a system of labour inspection in agriculture.

Article 4

The labor inspection system in agriculture applies to agricultural enterprises employing employed workers or apprentices, regardless of the type of their remuneration and the type, form or duration of their employment contract.

Article 5

1. Any Member ratifying this Convention may, in a declaration accompanying the ratification, undertake to extend its system of labour inspection in agriculture also to one or more of the following categories of persons employed in agricultural enterprises: (a) non-wage earners, sharecroppers and agricultural workers of similar categories; (b) persons participating in a collective farm, such as members of a cooperative; c) family members of the head of an agricultural enterprise as defined by national legislation. 2. Any Member which has ratified this Convention may subsequently transmit to the Director-General of the International Labour Office a declaration by which it undertakes to extend its system of labour inspection in agriculture to one or more categories of persons referred to in the preceding paragraph who are not yet covered by virtue of the previous declaration. 3. Each Member that has ratified this Convention shall indicate in its reports submitted in accordance with Article 22 of the Constitution of the International Labour Organization to what extent it applies or intends to apply the provisions of the Convention to those categories of persons referred to in paragraph 1 who are not covered by virtue of a previous declaration.

Article 6

The labor inspection system in agriculture has the following functions: a) to ensure the application of the provisions of legislation in the field of working conditions and protection of workers at work, such as provisions on working hours, wages, weekly rest and vacations, occupational safety, health and consumer services, the use of women, children and adolescents, and others to the extent that labour inspectors are responsible for monitoring compliance with these provisions.; (b) To provide technical information and advice to entrepreneurs and workers on the most effective means of complying with legal provisions; (c) To inform the competent authority of deficiencies or abuses that do not fall within the scope of existing legal provisions and to submit to them proposals for improving legislation. 2. National legislation may assign agricultural labour inspectors advisory functions or functions to monitor the application of legal provisions related to the living conditions of workers and their families. 3. Any additional duties that may be assigned to agricultural labour inspectors should not prevent them from effectively fulfilling their basic duties or in any way prejudice the credibility and impartiality that inspectors need in their relations with entrepreneurs and workers.

Article 7

1. To the extent compatible with the administrative practices of a Member Organization, the agricultural labor inspectorate is under the supervision and control of a central authority. 2. For a federal State, the expression "central authority" can mean either the central authority of the federation or the central authority of one of the constituent parts of the federation. 3. Labour inspection in agriculture may, for example, be carried out by: a) a single labour inspection body responsible for all sectors of economic activity; (b) A single labour inspection body with internal functional specialization, ensured by the appropriate training of those inspectors who will be responsible for labour inspection in agriculture; (c) A single labour inspection body with internal institutional specialization, ensured by the creation of a technically qualified service, whose employees will be responsible for labour inspection in agriculture; d) or a specialized agricultural inspection service, the activities of which will be controlled by a central authority with the same powers in relation to labor inspection in other areas, for example: in industry, transport and trade.

Article 8

1. The inspection staff consists of civil servants whose status and working conditions ensure the strength of their official position and make them independent from any changes in the Government or any undesirable external influence. 2. To the extent compatible with national legislation or practice, Members of the Organization may include in their labor inspection systems in agriculture employees or representatives of professional organizations whose activities would complement the work of State inspectors. These employees and representatives should be guaranteed the stability of their functions and independence from any unwanted external influence.

Article 9

1. Subject to compliance with all the recruitment requirements for public service personnel that may be prescribed by national legislation, agricultural labor inspectors are recruited solely on the basis of their suitability for the tasks that will be assigned to them. 2. The methods of verifying such suitability are determined by the competent authority. 3. Labour inspectors in agriculture receive appropriate training to carry out their functions, and measures are being taken to ensure that they receive appropriate additional training in the course of their work.

Article 10

Both men and women can be appointed to the inspection staff. If necessary, male and female inspectors may be assigned specific tasks, respectively.

Article 11

Each Member of the Organization takes the necessary measures to ensure that, when solving problems requiring technical knowledge, qualified experts and specialists are involved in the work of the labor inspectorate in agriculture, in such forms as can be recognized as most appropriate to the conditions of the country.

Article 12

1. The competent authority shall take appropriate measures to facilitate effective cooperation between the Agricultural Labour Inspection service, on the one hand, and government services, as well as public or recognized institutions engaged in similar activities, on the other hand. 2. If necessary, the competent authority may either assign certain regional or local labour inspection functions to the relevant government services or public institutions, or involve these services or institutions in the performance of these functions, provided that this does not prejudice the application of the principles established by this Convention.

Article 13

The competent authority shall take appropriate measures to facilitate cooperation between agricultural labour inspection workers and entrepreneurs and workers or their organizations, where such exist.

Article 14

Measures should be taken to ensure that a sufficient number of agricultural labour inspectors can effectively carry out the functions of the inspection service, and this number is determined with due regard to: (a) the importance of the tasks to be performed by inspectors, and in particular: (i) the number, nature, size and location of agricultural enterprises to be inspected; (ii) The number of agricultural enterprises to be inspected.) the number and categories of workers employed in these enterprises; (iii) the number and complexity of the legal provisions to be applied by them.; (b) The facilities made available to the inspectors, and (c) the practical conditions in which inspection visits must be carried out in order to be effective.

Article 15

1. The competent authority shall take the necessary measures to ensure that agricultural labour inspectors have at their disposal: (a) local bureaus located taking into account the geographical location of agricultural enterprises and existing means of communication, equipped in accordance with the needs of the inspection service and accessible, as far as possible, to all interested persons; (b) vehicles, necessary for the performance of their functions in case there are no appropriate means of public transport. 2. The competent authority shall take the necessary measures to reimburse agricultural labour inspectors for all travel expenses and any additional expenses necessary for the performance of their functions.

Article 16

1. Labor inspectors, provided with documents certifying their authority, have the right to: a) unhindered access, without prior notice and at any time of the day or night, to any place of work subject to inspection; b) daytime visits to all premises that they have sufficient reason to consider subject to inspection.; (c) To carry out such control, verification or investigation as they may deem necessary to ensure that the legal provisions are strictly observed, and in particular: (i) To interview the entrepreneur or the staff of the enterprise or any other person working in the enterprise in private or in the presence of witnesses on all matters related to the application of the legal provisions; (ii) Require, in accordance with the procedure provided for by national legislation, the provision of any books, registers or other documents, the maintenance of which is prescribed by legislation on living and working conditions, in order to verify their compliance with the legal provisions and to make copies or extracts from them; (iii) to withdraw or take with them for analysis samples of products used or processed, materials and substances provided that the entrepreneur or his representative is notified that the products, materials, samples or substances have been seized or taken away for this purpose. 2. Labour inspectors may not enter, in accordance with sub-paragraphs (a) or (b) of paragraph 1 of this article, the private dwelling of the head of an agricultural enterprise, except in cases where there is the consent of the head or special permission of the competent authority. 3. In the case of an inspection visit, inspectors shall notify the entrepreneur or his representative, as well as workers or their representatives, of their presence, except in cases where they consider that such notification may prejudice the effective performance of their functions.

Article 17

Labour inspection authorities in agriculture are involved, in such manner and in such cases as may be determined by the competent authority, in carrying out preventive control of new installations, new materials or substances and new processes of processing or processing products that may endanger the health or safety of work.

Article 18

1. Labor inspectors in agriculture have the right to demand that measures be taken to eliminate deficiencies noted in any structure, equipment placement, or working methods of agricultural enterprises, including the use of hazardous materials or substances that they have reason to consider threatening health or safety at work. 2. In order for labor inspectors to take such measures, they are authorized, subject to the right to appeal to judicial or administrative authorities, which may be provided for by law, to give orders or require that an order be given: a) to make changes to structures, installations, premises, tools, equipment within a certain period of time. or machinery, such changes as are necessary to ensure strict application of legal provisions on occupational health or safety; b) the adoption of measures subject to immediate execution, up to and including work stoppage, in the event of an immediate threat to health or safety at work. 3. If the procedure provided for in paragraph 2 is incompatible with the administrative or judicial practice of a Member of the Organization, inspectors have the right to apply to the competent authority so that it issues an order or requires the adoption of measures subject to immediate execution. 4. The deficiencies discovered by the inspector during the visit to the enterprise, as well as the orders emanating from him in accordance with paragraph 2, or the orders he intends to request in accordance with paragraph 3, are immediately brought to the attention of the entrepreneur and the workers' representatives.

Article 19

1. The Agricultural Labour Inspectorate should be informed about industrial accidents and occupational diseases in the agricultural sector in such cases and in a manner prescribed by national legislation. 2. Labour inspectors participate, as far as possible, in any on-site investigation of the causes of the most serious industrial accidents or occupational diseases, especially when they occur to several workers or have a fatal outcome.

Article 20

Subject to such exceptions as may be provided for by national legislation, agricultural labour inspectors are: (a) prohibited from having a direct or indirect interest in the affairs of enterprises under their control; (b) required, under threat of appropriate sanctions or disciplinary measures, not to disclose, even after leaving office, production or trade secrets or production processes that they could familiarize themselves with in the exercise of their functions.; (c) It is prescribed to treat as absolutely confidential the source of any complaint about deficiencies, hazards in labor operations or violations of legal provisions and not to inform the entrepreneur or his representative that an inspection visit was made in connection with the receipt of such a complaint.

Article 21

Agricultural enterprises are inspected as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions.

Article 22

1. Persons who violate or evade compliance with the legal provisions, the implementation of which is entrusted to labor inspectors in agriculture, are immediately subject to judicial or administrative prosecution without prior notice. However, national legislation may provide for exceptions in cases where prior notification must be given in order to remedy the situation or take preventive measures. 2. Labour inspectors have the right to decide for themselves whether to issue warnings or advice instead of initiating or recommending prosecution.

Article 23

If agricultural labor inspectors themselves do not have the right to initiate prosecution, they should have the authority to submit reports on violations of legal provisions directly to the authority authorized to initiate prosecution.

Article 24

National legislation provides for and effectively applies appropriate sanctions for violations of legal provisions, the application of which is subject to control by labor inspectors in agriculture, and for opposition provided to labor inspectors in the performance of their duties.

Article 25

1. Labour inspectors or local inspection services submit periodic reports to the central inspection body on the results of their activities in agriculture. 2. These reports are drawn up in such a form and cover such issues as are prescribed from time to time by the central inspection body. They are presented at least as often as required by the central authority, but at least once a year.

Article 26

1. The central Inspection body shall publish an annual report on the activities of the labour inspection services in agriculture, either as a separate report or as part of its general annual report. 2. Such annual reports shall be published within a reasonable period of time, in no case exceeding 12 months after the end of the year to which they relate. 3. Copies of the annual reports shall be sent to the Director General of the International Labour Office no later than three months after their publication.

Article 27

The annual reports published by the central inspection body cover, in particular, the following issues, insofar as they fall under the control of this central body: (a) laws and regulations related to the activities of the agricultural labour inspectorate; (b) personnel of the agricultural labour inspectorate; (c) statistics on agricultural enterprises subject to labour inspection and the number of workers employed in these enterprises; (d) Statistical data on inspection visits; (e) Statistics on violations and sanctions applied; (f) Statistics on occupational accidents, including their causes; (g) Statistics on occupational diseases, including their causes.

Article 28

The official instruments of ratification of this Convention shall be sent to the Director General of the International Labour Office for registration.

Article 29

1. This Convention binds only those Members of the International Labour Organization whose instruments of ratification have been registered by the Director General. 2. It shall enter into force twelve months after the Director General registers the instruments of ratification of the two Members of the Organization. 3. Subsequently, this Convention shall enter into force for each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 30

1. Any Member which has ratified this Convention may, after a period of ten years from the date of its initial entry into force, denounce it by means of an act of denunciation addressed to and registered by the Director-General of the International Labour Office. The denunciation takes effect one year after the registration of the act of denunciation. 2. Each Member of the Organization that has ratified this Convention, which does not exercise its right of denunciation provided for in this article within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall be bound for a further period of ten years and may subsequently denounce this Convention after the expiration of each ten-year period in accordance with the procedure established in this article.

Article 31

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all instruments of ratification, declarations and acts of denunciation received by him from the Members of the Organization. 2. In notifying the Members of the Organization of the registration of the second instrument of ratification received by him, the Director-General shall draw their attention to the date of entry into force of this Convention.

Article 32

The Director-General of the International Labour Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, full details of all ratifications, declarations and acts of denunciation registered by him in accordance with the provisions of the preceding articles.

Article 33

Whenever the Governing Body of the International Labour Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and decide whether to include in the agenda of the Conference the question of its revision in whole or in part.

Article 34

1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise, then: (a) The ratification by any Member of the new revising Convention shall automatically entail, regardless of the provisions of article 30, the immediate denunciation of this Convention, provided that the new revising Convention the Convention has entered into force; b) starting from the date of entry into force of the new, revising convention, this Convention is closed for ratification by its members of the Organization. 2. In any case, this Convention remains in force in form and content in respect of those Members of the Organization that have ratified it but have not ratified the new, revising convention.

Article 35

The English and French texts of this Convention are equally authentic.

President

Republic of Kazakhstan

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