Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Labour Inspection Convention, 1947 (No. 81) - Peru (Ratification: 1960)

The Committee notes the information supplied by the Government in its reports for 1993 and 1995. It also notes the observations made on 16 November 1995 by the Association of Labour Inspectors of the Ministry of Labour and Social Development.

1. Articles 10, 16, 20 and 21 of the Convention. With reference to its previous comments, the Committee notes that some statistical information has been provided by the Government concerning the activities of the labour inspectorate. The Committee deduces from the statistical table attached to the report that in the regions the current number of inspectors is lower, and sometimes distinctly lower, than the number of inspectors required. With reference to Articles 10 and 16 of the Convention, the Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate and that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

The Committee also notes that, although the Government has provided some statistical information on the activities of the labour inspectorate, it is nevertheless bound to note once again that it has not received an annual report on labour inspection, and that this situation has remained unchanged since the ratification of the Convention 35 years ago. The Committee recalls that the preparation and publication of periodic inspection reports, as required by the Convention, is an essential means of determining the manner in which the instrument is applied and the remedial measures that need to be taken. The Committee trusts that the appropriate measures will be taken without delay to ensure that annual inspection reports, containing precise information on all the matters enumerated in Article 21, are published and transmitted to the ILO within the time-limits set out in Article 20.

2. The Committee notes the communication from the Association of Labour Inspectors of the Ministry of Labour and Social Development, dated 6 November 1995, alleging non-compliance with Articles 6, 9, 10 and 16 of the Convention.

According to the Association of Labour Inspectors, inspectors were obliged in November 1992 to submit once again to competitive examination for the jobs that they already held, even where they had been recruited as a result of a competition, under threat of being declared surplus to requirements. Furthermore, since 1992, six-monthly evaluations have been carried out which have resulted in the termination of the activities of various inspectors, despite their qualifications. The current number of inspectors has been reduced by 33 per cent of the total number of inspectors employed in the country in 1991 (70 inspectors for a population of 4 million workers, approximately), who also have to discharge administrative tasks as well as their inspection duties. As a result, only a minimum number of under 600 ordinary inspections have been carried out in 1995.

According to the Association of Labour Inspectors, taken together with the commencement of an administrative inquiry against ten labour inspectors, this is undermining the guarantee of stability of employment for the staff of the labour inspection services, and is aggravated by the negative effects on their independence of changes of government and improper external influences, as well as affecting the frequency and thoroughness required for inspections to be able to ensure the effective application of the relevant legal provisions.

According to the Association of Labour Inspectors, this situation is aggravated by the fact that the Directorate of Occupational Safety and Health has ceased to operate, with the result that part of its staff has been made redundant and the others have been reassigned to other services, and that as a consequence the labour inspectorate is no longer supported by physicians specializing in occupational health and safety or other professional technical specialists. According to the allegations, the labour inspection services have been paralyzed since 25 October and the staff have been informed verbally that none of the inspectors will continue to discharge their inspection functions, but that they will be replaced by persons contracted for that purpose, probably through an enterprise providing personnel services, and that the Ministry of Labour has met with this personnel to give "training chats" for a brief period not exceeding one week.

The Committee requests the Government to make its own comments on the allegations made by the Association of Labour Inspectors.

3. The Committee notes Presidential Decree No. 04-95-TR respecting the procedures of the labour inspectorate, which repealed Supreme Decrees Nos. 003-83-TR and 032-83-TR. It also notes the Basic Guide on Labour Inspection, approved by Ministerial Decision No. 036-95-TR. It is addressing a request directly to the Government concerning a number of matters related to the above texts.