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

Labour Inspection Convention, 1947 (No. 81) - El Salvador (Ratification: 1995)

The Committee notes the Government’s reports. It requests the Government to provide further information on the following points.

Article 3(1)(b) and (c), of the Convention.  Please indicate specific provisions of the national legislation giving effect to these provisions of the Convention.

Article 6.  Please indicate how it is ensured that labour inspectors are independent of changes of government and of improper external influences.

Article 8.  Please indicate the proportion of women inspectors and the special duties entrusted to them.

Article 10.  Please indicate the actual number of labour inspectors and particulars of the geographical distribution of the inspection staff.

Article 11(1) and (2).  Please indicate specific arrangements made to give effect to these provisions of the Convention, including details on the transport facilities available to inspectors for the performance of their duties.

Article 12(1)(a).  The Committee notes that, under section 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 working hours any workplace liable to inspection, and not "at any hour of the day or night" as provided by this provision. The Committee asks the Government to indicate measures undertaken or envisaged to bring section 38(a) into conformity with this provision of the Convention.

Article 12(1)(b) and (c)(iv).  Please indicate how effect is given to these provisions of the Convention.

Article 12(2).  The Committee notes that, under sections 39(a) and 47 of the Law on the Organization and Functions of the Labour and Social Security Sector, labour inspectors are not free to decide whether to notify the employer or his representative of their presence. The Committee asks the Government to indicate measures undertaken or envisaged to bring the provisions of the law into conformity with the Convention so that inspectors are free to decide for themselves whether or not to notify the employer or his representative of their presence on visiting establishments

Article 13(2)(a) and (b).  Please provide information on the practical application of sections 38(f) and 65 of the Law on the Organization and Functions of the Labour and Social Security Sector.

Article 14.  Please indicate whether and, if so, how the General Directorate of the Labour Inspection is notified of industrial accidents and cases of occupational disease.

Article 15(b).  The Committee asks the Government to indicate the penalties or disciplinary measures prescribed for revealing by labour inspectors of manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties.

Article 16.  Please indicate specific measures taken to ensure adequate frequency and thoroughness of inspection visits.

Article 17(2).  Please indicate whether and, if so, how national laws or regulations give effect to this provision of the Convention.

Article 18.  Please provide information on the penalties prescribed for obstructing labour inspectors in the performance of their duties.

Article 20(1).  Please indicate whether the report on the activities conducted by the General Directorate of the Labour Inspection is officially published, and accessible to those interested.