Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - El Salvador (Ratification: 1995)

The Committee notes the Government’s reports and requests it to supply further information on the following points.

Article 5 of the Convention.  Noting that the Government has not availed itself of the possibility of undertaking, in a declaration, to cover by labour inspection in agriculture one or more of the following categories of persons listed in paragraph 1 of this Article, the Committee requests it to indicate to what extent, as provided in paragraph 3, effect has been given or is proposed to be given to the provisions of the Convention in respect of these categories of persons.

Article 6.  The Committee would be grateful if the Government would indicate whether functions other than those laid down in paragraphs 1 and 2 of this Article have been given to labour inspectors. If so, the Committee requests it to indicate the measures taken or contemplated to ensure, in compliance with paragraph 3, that these further duties shall not interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Article 10.  Please indicate the proportion of women in the labour inspection staff in agriculture and whether special duties are assigned to them.

 Article 11.  Noting that no action has been taken as laid down in this provision to ensure that duly qualified technical experts and specialists are associated in the work of labour inspection in agriculture, the Committee would be grateful if the Government would take measures to this effect and supply information on the measures and their results.

Article 14.  Noting that inspection activities in agriculture, in which only eight persons were engaged, have been suspended due to budgetary constraints, the Committee requests the Government to take measures to increase the number of inspectors, bearing in mind the requirements in this provision, and to give information on these measures and on their impact in regard to inspection activities.

Article 16, paragraph 1(a).  The Committee notes that under article 38(a) of the Law on the Organization and Functions of the Labour and Social Security Sector, labour inspectors are empowered to enter freely without previous notice only during normal working hours any workplace liable to inspection, and not "at any hour of the day or night" as provided by this Article. The Committee is requested to take measures to ensure that the right of labour inspectors to enter freely any workplace liable to inspection is not restricted to normal working hours but may be exercised at any hour of the day or night.

Article 16, paragraph 3.  The Committee notes that, under articles 39(a) and 47 of the Law on the Organization and Functions of the Labour and Social Security Sector, labour inspectors have no discretion to decide whether or not to notify the employer or his representative of their presence during inspection visits and would be grateful if the Government would take appropriate measures to this end in accordance with this provision of the Convention.

Article 18, paragraph 2(a) and (b).  The Committee asks the Government to provide detailed information on the practical application of articles 38(f) and 65 of the Law on the Organization and Functions of the Labour and Social Security Sector.

Article 19, paragraph 1.  Please indicate whether, as laid down in this provision, measures are taken to ensure that the labour inspectorate is notified of occupational accidents and cases of occupational disease occurring in the agricultural sector. If so, please describe the manner in which the information is communicated. If not, the Government is requested to take the necessary measures to this end and to keep the ILO informed of progress made.

Article 20(b).  Please indicate the penalties or disciplinary measures applicable to labour inspectors who, in violation of this provision, reveal manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties.

Article 24.  The Committee would be grateful if the Government would indicate the penalties imposed for obstructing labour inspectors in the performance of their duties.

Article 26, paragraph 1.  Recalling that the annual inspection report should be published and communicated to the ILO in the form and within the time limits prescribed by this provision, the Committee would be grateful if the Government would indicate whether the report prepared by the General Labour Inspection Directorate has been published officially and is accessible to any interested party and, if not, to ensure that the necessary measures are taken to this end.

The Committee also requests the Government to supply detailed information on the measures taken or envisaged to give effect in law and in practice to the following provisions of the Convention: Article 6, paragraph 1(b) and (c); Article 8, paragraph 1; Article 12, paragraph 1; Article 13; Article 15, paragraph 1(a) and (b); Article 16, paragraphs 1(b), (c)(iii), and 2; Article 17; Article 19, paragraph 2; Article 21 and Article 22. The Committee would be grateful if the Government would also communicate a copy of any relevant texts.