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1985, Labour Inspection: Chapter I. Objectives, methods and scope of labour inspectionDescription:(General Survey) Convention:C081 Convention:C129 Recommendation:R081 Recommendation:R082 Recommendation:R133 Subject classification: Labour Inspection Document:(Report III Part 4B) Session of the Conference:71 Subject: Labour Administration and Inspection Display the document in: French Spanish Document No. (ilolex): 251985G03 Chapter I. Objectives, methods and scope of labour inspection I. Objectives 23. Articles 1 and 22 of the Labour Inspection Convention, 1947 (No. 81), lay down the basic principle that each State for which the Convention is in force must maintain a system of labour inspection in industrial and commercial workplaces. Acceptance of Part II relating to commerce, however, is optional. Article 3 of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), specifies a similar obligation in agriculture. 24. The international community is unanimous in recognising the importance of labour inspection. In the vast majority of countries steps have accordingly been taken to establish and maintain a system of labour inspection. There are, however, a certain number of exceptions to this general rule, mostly in the agricultural sector. (Endnote 1) 25. In this regard, the traditional and seasonal nature of agriculture and the special type of relationship between landowners and agricultural workers have sometimes been cited as factors militating against the introduction of an inspection system in agriculture, which is mainly governed by local customs. (Endnote 2) 26. The Committee is quite aware of the rather special nature of the agricultural sector. Yet, very often, it is precisely on small farms employing frequently untrained seasonal workers that the employment injury rate is particularly high during the harvest period. This is certainly largely attributable to lack of training and know-how. Moreover, the agricultural sector is changing rapidly and nowadays employs new techniques that expose workers increasingly to the risks that are inherent in mechanisation and in the increasingly extensive use of chemical substances such as fertilisers, insecticides, pesticides, etc. 27. In some countries, the legislation excludes agricultural workers from its scope, save for a few exceptions mostly relating to agro-industrial activities. (Endnote 3) Although the existing general inspection system is supposed to cover such activities, it should not be looked upon as an inspection system applicable to agriculture in the sense of Article 3 of Convention No. 129 but rather as an extension of the inspection system applicable to industry and commerce. II. Methods of application 28. By their very nature, labour inspection services require an institutional framework based on laws or regulations. In a great many countries, the organisation of the labour inspectorate is based on laws designed to protect workers, whether the text be of a general nature (Endnote 4) or specific to certain issues or branches of the economy. (Endnote 5) Generally speaking, these laws devote a chapter to the labour inspection service or else contain provisions for their enforcement. Very often they are supplemented by more detailed texts governing specific aspects of the inspectorate, such as its staff, though in many countries this too is governed by provisions that are applicable to public servants in general. Other countries have specific basic regulations for the operation of the inspection services. (Endnote 6) 29. As the Committee observed in its previous general survey on the subject, the existence of laws or regulations does not in itself constitute a full guarantee of a properly functioning labour inspection system. (Endnote 7) Labour inspection has a highly practical role to play and its effectiveness depends very largely on the efficiency of its staff. Consequently, in addition to the existence of texts laying down the institutional framework of the service, the competent authority should ensure the proper running of the inspectorate by drawing up guide-lines to help the inspectors in their work. In many countries these guide-lines are issued in the form of directives, circulars or instructions, and here the Committee wishes to stress the usefulness of providing labour inspectors with some sort of guide or handbook describing the essential features of their work and providing practical information to make it easier. Handbooks of this kind have in fact been issued in some countries. (Endnote 8) 30. Finally, for inspection systems to be able to operate efficiently, they must have the necessary staff and material facilities. This implies an awareness by public authorities at the highest level who should ensure that the necessary resources are granted. The importance of this aspect -- which is dealt with in more detail in Chapter V on the means of action available to the labour inspection services -- should be stressed already at this stage. III. Scope A. The 1947 instruments 31. Article 2, paragraph 1, of Convention No. 81 stipulates that "the system of labour inspection in industrial workplaces shall apply to all workplaces in respect of which legal provisions relating to conditions of work and the protection of workers while engaged in their work are enforceable by labour inspectors". A similar provision occurs in Article 23 which deals with commercial workplaces. 32. Neither Article 2 nor Article 23 of Convention No. 81 defines the meaning of the terms "industrial workplaces" and "commercial workplaces". The Convention's scope is determined indirectly by reference to the legal provisions that are enforceable by labour inspectors, which allows each State the discretion to determine which workplaces are to be covered by the inspectorate. On this point Convention No. 81 is particularly flexible, a feature which at the time was felt to be necessary because of the variety of national provisions on the subject. When it adopted the instrument in 1947, however, the Conference -- aware of the opportunity that States were offered of reducing the scope of the Convention very considerably -- adopted a resolution urging governments "to apply to all workers employed in industrial and commercial undertakings the legal provisions for the protection of workers which are enforceable by labour inspectors". (Endnote 9) In a sense, the Conference responded to this preoccupation 22 years later when it adopted Convention No. 129, the scope of which was defined so as to cover the widest possible range of undertakings. (Endnote 10) 33. The fact that certain legislation was relatively restrictive in its scope did not therefore necessarily constitute an obstacle to the ratification of Convention No. 81, contrary to the apparent impression of one government. (Endnote 11) 34. The scope of Convention No. 81 is made even more flexible by two general powers of exclusion. As already noted, acceptance of Part II of the Convention, which deals with labour inspection in commerce, is optional (Article 25, paragraph 1). In addition, mining and transport undertakings may also be exempted from the application of the Convention by national laws or regulations (Article 2, paragraph 2). States therefore have every opportunity to exclude both commercial workers and employees in mining and transport undertakings from the protection afforded by the Convention, though of course if they do not opt to do so the Convention must be applied to these undertakings in the same way as it is to other industrial workplaces. 35. The fact that the terms "industrial workplaces" and "commercial workplaces" are not defined is liable to pose problems, especially when a State decides not to accept Part II of the Convention applying to commerce. In certain borderline cases there may be some doubt as to whether an undertaking or part of an undertaking or one of its services comes under Part I or Part II. (Endnote 12) This is why Article 26 of the Convention stipulates that in such cases the question shall be settled by the competent authority. In this connection, the Committee deems it desirable that the term industrial and commercial workplaces be given the widest interpretation so that no undertaking in these sectors should be exempt from inspection. National practice 36. The question of the scope of labour inspection services in industry and commerce has to be looked at from the standpoint of the sectors themselves, on the one hand, and from that of the workplaces and workers covered, on the other. 37. On the first point, judging from information sent by governments, it is fair to say that in the vast majority of cases inspection services exist both for industry and for commerce. Although 18 of the 105 countries ratifying Convention No. 81 have excluded Part II on commerce from their acceptance, in accordance with Article 25 of the Convention, this need not imply that there is no system of supervision of commercial workplaces in those countries. In practice, available information indicates that in most cases the commercial sector is also covered to a varying extent by a system of inspection. This being so, the Committee wonders whether it might not be useful for countries to reconsider the possibility of extending acceptance of the Convention to Part II concerning labour inspection in commerce, as provided for in Article 25, paragraph 3, of the Convention, especially where it was ratified many years ago. Since the last general survey, one country has done so. (Endnote 13) 38. Apart from the commercial sector, Article 2, paragraph 2, of the Convention also allows mining and transport undertakings to be exempted. It is an option which hardly any States ratifying the Convention have taken up, and available information on non-ratifying countries likewise suggests that such undertakings are not normally excluded from the competence of the national inspection systems. One government, however, has indicated that no system of inspection exists for the transport sector. (Endnote 14) 39. In some countries, mining and transport undertakings are covered by a general system of inspection or at least a system applicable to industry; (Endnote 15) in others there is a specific supervisory procedure, (Endnote 16) though for certain activities the system may be mixed. (Endnote 17) In certain countries, mining and transport are subject both to a general and to a specialised inspection system. (Endnote 18) 40. The scope of inspections systems as regards the workplaces and workers they cover depends generally on the coverage of the legislation that they are required to enforce. 41. In countries with generally applicable legislation (Labour Code, general law on working conditions, law on the working environment, Labour Protection Act, etc.), the scope is usually defined in one of two ways. 42. The scope of the legislation may be expressed in terms of the employment relationship: in this case, the law applies to workers in an employment relationship (Endnote 19) or, in certain countries, to work performed for an employer. (Endnote 20) Alternatively, the scope of the legislation may be expressed in terms of "undertakings", sometimes with exceptions. (Endnote 21) 43. Whatever formula is adopted, the scope of national laws and regulations is defined in general terms and the terms of reference of inspection services consequently tend to be very broad, subject to exceptions in conformity with the Convention, whose own scope is flexible. In a number of countries, moreover, the general legislation is not applicable to workers in the public sector, whose working conditions are governed by specific provisions. (Endnote 22) Although the information supplied by governments is not always very clear, the inspection of public establishments in such cases would appear to be the responsibility not of the general labour inspectorate but of a special body. In several countries, this is also true of some military establishments or parts of such establishments employing civilian manpower where, for national defence reasons, working conditions are inspected by specially appointed officials. (Endnote 23) But even where public industrial or commercial undertakings are not formally excluded from the scope of the labour inspection system, the available information tends to show that in certain countries the supervision of these undertakings encounters difficulties in practice. 44. In many countries the national laws and regulations apply to specific sectors. Legislation on the British model, for example, distinguishes between "factories" and other sectors such as commerce and offices. These laws are often supplemented by more general legislation such as employment acts or other acts covering specific aspects of social protection. The scope and powers of the labour inspectorate therefore depends on a whole set of laws and regulations and varies significantly from country to country and within a given country. (Endnote 24) 45. Finally, there are countries where the scope of the labour inspectorate is determined by legislation governing its organisation and operation. (Endnote 25) As a rule it is defined in general terms, though certain undertakings or specific sectors may be excluded -- for example, those subject to a special system of inspection. B. The 1969 instruments 46. The scope of labour inspection services in agriculture must be examined, on the one hand, from the standpoint of the subject-matter of their work, viz. the workplaces and workers covered, and, on the other, from the legal framework of their work, viz. the enforceable legal provisions. The question of the scope of labour inspection in agriculture is in fact not the same as for Convention No. 81, whose scope, as seen above, is determined not in a uniform manner but by national legislation. 47. As regards the workplaces and workers covered, Article 4 of Convention No. 129 stipulates that "the system of labour inspection in agriculture shall apply to agricultural undertakings in which work employees or apprentices, however they may be remunerated and whatever the type, form or duration of their contract". This provision, which is couched in very general terms, is directed at all agricultural establishments irrespective of their legal status. Public agricultural undertakings are therefore covered by the Convention along with other undertakings; so too are co-operatives in so far as they employ employees or apprentices. The concept of "employees" must be applied in its broadest sense, covering both permanently employed workers and short-term employees such as casual or seasonal workers, whether they are remunerated on a time or piece-work basis. Apprentices too are covered by the Convention whether or not they are considered as employees by national legislation. (Endnote 26) 48. In many countries salaried employees are only a small proportion of the agricultural labour force. Article 5 of Convention No. 129 accordingly provides for the optional extension of the inspection system to the following categories of persons working in agricultural undertakings: (a) tenants who do not engage outside help, share-croppers and similar categories of agricultural workers; (b) persons participating in a collective economic enterprise, such as members of a co-operative; (c) members of the family of the operator of the undertaking as defined by national laws or regulations. 49. The Convention likewise defines the agricultural sector so as to cover the widest possible range of activities. Article 1, paragraph 1, of the Convention defines the term "agricultural undertaking" as meaning not only undertakings and parts of undertakings engaged in cultivation, animal husbandry, forestry, horticulture, the primary processing of agricultural products by the operator of the holding but also "any other form of agricultural activity". 50. Certain activities may fall under both agriculture and trade or industry, for example when an agricultural undertaking engages in processing operations. Such cases as these demand a degree of flexibility. Article 1, paragraph 2, of the Convention therefore provides that, "where necessary, the competent authority shall ... define the line which separates agriculture from industry and commerce". So as to ensure that the discretion left to the government is not exercised in a manner contrary to the objectives of the Convention, two conditions must be fulfilled. One is that the employers' and workers' organisations must first be consulted, and the other that the line that separates agriculture from industry and commerce must be defined "in such a manner as not to exclude any agricultural undertaking from the national system of labour inspection". 51. As the areas of labour law that come within its purview also have to be defined, Article 6, paragraph 1(a), of Convention No. 129, whose wording is almost the same as that of Article 3, paragraph 1(a), of Convention No. 81, (Endnote 27) provides that the functions of the system of labour inspection in agriculture are to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work "in so far as such provisions are enforceable by labour inspectors". The scope of the inspection services in this respect is thus defined in a very flexible way. National practice 52. In many countries the inspectorate covers all branches of activity, including agriculture, in which case the term "agricultural undertaking" does not need to be defined. 53. The agricultural sector is often defined in sufficiently broad terms to cover all the activities listed in Article 1, paragraph 1, of Convention No. 129, and in many cases the relevant laws and regulations include under the general heading of agriculture not only strictly agricultural activities -- i.e. the direct exploitation of vegetable and animal resources -- but also the primary processing of agricultural products by the operator of a holding. (Endnote 28) In one country the law extends the concept of "agricultural undertaking" even to ancillary activities involving the manufacture and maintenance of agricultural equipment used in the principal undertaking. (Endnote 29) However, national laws and regulations sometimes carry a more restrictive definition of agriculture that does not extend to all the activities listed in Article 1 of the Convention, especially the primary processing of agricultural products. (Endnote 30) In so far as these activities come under another sector of the economy for which there is a system of supervision, they do not however escape labour inspection altogether. 54. Very often, labour legislation, and consequently inspection services in agriculture, would cover all undertakings employing workers. (Endnote 31) Certain governments have nevertheless indicated some difficulty with the scope of the Convention. 55. One government states that the competence of its labour inspectorate cannot extend to the agricultural undertakings of a Land, municipality or federation of municipalities until express provision is made in federal legislation. (Endnote 32) 56. Another government has stated that, largely because of the unorganised nature of the agricultural labour force, the relevant legislation is limited in scope. Apart from a few general laws governing certain specific aspects of social protection, such as the laws on minimum wages and equal remuneration, the federal legislation extends only to work in plantations and the primary processing of agricultural products. (Endnote 33) In so far as all the undertakings covered by this legislation, and specifically the Plantations Labour Act, are subject to supervision by the labour inspectorate, this situation does not seem to be incompatible with the Convention. 57. The Committee wishes to recall that the prime objective of Convention No. 129 is to guarantee that, where laws and regulations governing working conditions and the protection of workers in agriculture exist and are enforceable by labour inspectors, all the undertakings without any exception should be covered by the system of inspection. This objective would not be achieved, however, where -- as is the case in one country -- the labour inspection system covers only some agricultural undertakings, as compared with social legislation, which protects all workers. (Endnote 34) The Convention, on the other hand, does not require to extend the coverage of labour legislation to all agricultural undertakings employing remunerated workers or apprentices. 58. As regards the categories of workers covered by the inspection services, available information suggest that, generally speaking, salaried employees and apprentices are subject to labour inspection. On the other hand, the information received from governments is not always sufficient to indicate clearly whether and to what extent other categories of persons working in agricultural undertakings also come within the purview of the inspectorate. Only very few countries have specified that the three categories listed in Article 5 of the Convention are actually subject to labour inspection in agriculture. (Endnote 35) Some governments have in fact expressly stated that this is not the case. (Endnote 36) However, in a number of countries, and especially in certain socialist countries, the members of agricultural co-operatives are considered as agricultural workers. (Endnote 37) As to tenants who do not engage outside help, it should be noted that, although self-employed workers are usually excluded from the protection afforded by labour laws of general scope, some laws and regulations contain provisions that are equally applicable to them. (Endnote 38) Lastly, whether or not the members of the family of the operator of an agricultural undertaking are covered by labour legislation and therefore subject to inspection depends in most cases on the existence of an employment relationship.
EndnotesEndnote 1For example, Burma; Greece (the Government states that there is no inspection system in agriculture); Jordan (the Government states that subject to certain exceptions, agricultural workers are not covered by the labour inspection system, since they do not come under the Labour Code); Nepal (according to information supplied by the Government, labour inspection in agriculture does not come under existing labour laws); Rwanda (according to the Government no legislation has yet been adopted guaranteeing protection for agricultural workers but a draft revision of the Labour Code provides explicitly for labour legislation to be extended to them; in the meantime, the competence of the inspectors in practice extends to the agricultural sector); Singapore (the Government states that, because of the urbanised nature of the country's economy, the instruments concerning labour inspection in agriculture are not relevant); Turkey (the Government states that, as the law on work in agriculture and forestry has not yet come into force, there is no labour inspection system in agriculture; however, the inspectors of the Ministry of Agriculture, Forestry and Village Affairs supervise some of the agricultural undertakings that are governed by collective agreements; according to the Government, this system of inspection is not satisfactory); non-metropolitan territories: United Kingdom (Hong Kong) (the Government states that, in Hong Kong's small agricultural sector, enforcement of the Employment Ordinance, which applies in principle to all economic sectors, occurs only in response to complaints; according to government information, only one of the 901 complaints received between 1980 and 1983 concerned the agricultural sector). See also the following note. For example, Botswana (the Government states that most agricultural activity is subsistence in nature and that the rate of employment is fairly low in this sector, which is regarded as a traditional sector governed by practice and custom; there is therefore little scope for labour inspection, although legislation is currently being drawn up to ensure that certain labour standards are respected); Pakistan (the Government states that economic relations between workers and owners are based on local customs and tradition and that agricultural activities, which are seasonal by nature, cannot therefore be encompassed and defined as required by the Convention). For example, Bahrain (Act respecting employment in the private sector, No. 23, 1976, s. 2); Saudi Arabia (Labour Code, s. 3). For example, Bahrain, Chad, Colombia, Comoros, Congo, Denmark, Libyan Arab Jamahiriya, Mali, Norway, Romania, Senegal, Sweden, Syrian Arab Republic. This is the case in many member countries of the British Commonwealth where each text contains its own enforcement provisions. For example, New Zealand (Bush Workers Act, 1945; Machinery Act, 1950; Construction Act, 1952; Equal Pay Act, 1972; Industrial Relations Act, 1973; Agricultural Workers Act, 1977; Maternity Leave and Employment Protection Act, 1980; Wages Protection Act, 1983; Apprenticeship Act, 1983, etc.). In the United Kingdom, however, the Health and Safety at Work Act was adopted in 1974, which applies to all branches of activity. For example, Algeria (Ordinance No. 75-33 of 1975 respecting the powers of the Labour and Social Affairs Inspectorate); Brazil (Decree No. 55841 of 1965 regulating the labour inspection system); Cuba (Decree No. 4 of 1977 regulating the national labour inspection system); Israel (Labour Inspection Organisation Act, 1954); Luxembourg (Labour and Mines Inspectorate Organisation Act, 1974); Suriname (Decree E-35 of 1983 on Labour Inspection); Uruguay (Decree No. 680 of 1977 to regulate implementation of Conventions Nos. 81 and 129). 1966 General Survey on Labour Inspection, paras. 32 and 33. For example, Egypt, Paraguay. See ILO: Record of Proceedings, International Labour Conference, 30th Session, Geneva, 1947, p. 587. See below, paras. 47 and 49. Burma (the Government points out that the legislation on the subject is currently being gradually extended). This might occur, for example, in the case of certain commercial undertakings with a repairs department handling after-sales service. Switzerland (the Government accepted Part II of the Convention in 1971). Burma. For example, Bolivia, Cameroon, China, Colombia (the Government states however that the transportation sector is not sufficiently protected and that supervision is done only on the basis of complaints); Denmark (subject to certain exceptions); Luxembourg, Madagascar, Mauritius, Norway, Panama, Sweden, Tunisia (except for sea and air transport). For example, Austria, Belgium (mines), Cyprus (mines), Czechoslovakia, France, Hungary (mines), Italy, Kenya (mines), Switzerland (public transport). In several African countries such as the Ivory Coast, Mali and Rwanda, for example, supervision of occupational safety in mines is the responsibility of a special technical department working in collaboration with the labour inspectorate. A similar arrangement exists in certain countries, such as Italy in respect of working hours in the transport sector. For example, Poland (mines), USSR. For example, Bahamas (Fair Labour Standards Act, s. 3); Cameroon (Labour Code, s. 1); Chad (Labour Code, s. 2); Colombia (Labour Code, s. 1); Egypt (Labour Code, s. 1); Gabon (Labour Code, s. 1); Somalia (Labour Code, s. 1); Syrian Arab Republic (Labour Code, s. 2); United States (Occupational Safety and Health Act, ss. 3 and 4). For example, Denmark (Working Environment Act, s. 2.1); however, certain occupational safety and health provisions, for instance, also apply to work not performed for an employer); Sweden (Working Environment Act, Ch. I, s. 1; as for Denmark). For example, France (Labour Code, s. L-231-1: the provisions governing occupational safety and health and working conditions apply to industrial, commercial and agricultural undertakings and to the branches of such undertakings, irrespective of their nature, whether public or private; Hungary (Decree No. 47 of 1979, ss. 9 and 10); Switzerland (Labour Act, s. 1; with certain exceptions the Act applies to all public and private undertakings, and more particularly to undertakings engaged in industry, handicrafts, commerce and transport, to insurance institutions, banks, hotels, restaurants, cafés, clinics and hospitals and to the performance of other services, and also to forestry undertakings operating in public forests); Tunisia (Labour Code, s. 1; the Code applies to undertakings engaged in industry, commerce and agriculture and to the branches of such undertakings, irrespective of their nature, whether public or private). For example, Bahrain (Act respecting employment in the private sector, 1976, s. 2.1: does not apply to officials and employees of the Government and of autonomous public bodies that are covered by regulations governing the public service and military service); Egypt (Labour Code, s. 3: except for Title V concerning occupational safety and health, does not apply to workers employed by the Government, local authorities, public organisations and companies in the public sector); Madagascar (Labour Code, s. 1.1: not applicable to persons who are subject to or governed by the special rules laid down for public services and establishments). For example, Cameroon (Labour Code, s. 117.1); Congo (Labour Code, s. 158); Ivory Coast (Labour Code, s. 132). In Barbados, for example, the 1982 Factories Act uses a very broad definition of factories and can even cover premises where machinery or equipment is being used (whether mechanically or otherwise) for agricultural purposes. In Nepal, on the other hand, the Factories and Factory Workers' Act applies only to factories employing more than ten persons. Endnote 25 For example, Austria (1974 Labour Inspection Act, s. 1: the scope of the inspection services extends to all establishments whatever their nature, except for establishments subject to supervision by special inspection services (agricultural establishments, mines, transport) and certain public institutions or administrations); Costa Rica (Decree No. 42 of 1949 regulating the labour inspectorate, s. 7: all workers who offer their services and all undertakings which carry out their activities on the national territory are subject to the general labour inspectorate, except as otherwise provided for by the Constitution or by legislation); Cuba (Decree No. 4 of 1977 regulating the national labour inspection system, s. 2: undertakings and units of the civilian state sector listed in the state budget, co-operatives and private sector work centres are subject to supervision by the labour inspectorate); Luxembourg (Labour and Mines Inspectorate Organisation Act, 1974, s. 3: the labour inspection system applies to all undertakings or establishments employing workers in any remunerated capacity whatsoever, except for public servants); Poland (1981 State Labour Inspection Act, s. 11: all establishments are covered by the state inspection system). On this point see ILO: Labour Inspection in Agriculture, Report IV(2), International Labour Conference, 53rd Session, Geneva, 1969, p. 11. See para. 60 below. For example, Austria (1948 Agricultural Labour Act, s. 5); France (Rural Labour Code, s. 144: subsidiary establishments are also considered as coming under the heading of agriculture if the main activity is that of the principal agricultural undertaking); Netherlands (Labour Act, s. 6bis); Romania (Labour Code, ss. 32 to 36); Syrian Arab Republic (Agricultural Labour Code, s. 3(a)). Austria (1948 Agricultural Labour Act, s. 5). New Zealand (the Government states that the Agricultural Workers Act does not cover the primary processing of agricultural products in certain circumstances). For example, Costa Rica (Decree No. 42 of 1949 regulating the labour inspectorate, ss. 7 and 8); Cuba (Decree No. 4 of 1977 regulating the national labour inspection system, s.2); Czechoslovakia (Act No. 174 of 1968 respecting the technical supervision of occupational safety by the State, s. 3); Egypt (Labour Code, s. 1); Ecuador (Labour Code, s. 1); Finland (Act to provide for the supervision of labour protection, s. 4); Luxembourg (1974 Labour and Mines Inspectorate Organisation Act, s. 3); Madagascar (Labour Code, ss. 1 and 109); Mongolia (Labour Code, s. 1); Morocco (Dahir No. 1-72-219 of 1973 to determine the conditions of employment and remuneration of agricultural workers, s. 44); Poland (State Labour Inspection Act of 1981, s. 11); Romania (Labour Protection Act No. 5 of 1965, ss. 3 and 17: the state inspection service covers agricultural undertakings whether in the state sector or the co-operative sector). Austria. India (an Agricultural Workers Act has however been adopted in the State of Kerala). Ethiopia (under ss. 3.4 and 4.2 of Labour Standards Proclamation No. 232 of 1966, the competence of the labour inspectorate extends only to agricultural undertakings employing at least ten workers that are operated in conjunction with an industrial undertaking processing the cereals cultivated by them; whereas Labour Proclamation No. 64 of 1975 applies to all sectors of the economy). For example, Colombia, Costa Rica. For example, Mauritius, Uruguay. For example, Czechoslovakia, Romania, USSR, Yugoslavia. In Denmark and Sweden, for example, some provisions of the laws on the working environment concerning occupational safety and health are equally applicable to work that is not carried out for an employer. However, under Sweden's Working Environment Ordinance (s. 15), persons working on their own account can only be visited by the labour inspection services if there are special grounds for doing so.
India: Plantations Labour Act
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