Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the Government’s report, the information supplied in response to its previous comments and the documents appended. The Committee notes also that, under the MATAC-ILO project, the Government receives assistance and technical cooperation for the purpose of modernizing the labour administration. It would be grateful if the Government would report on the progress of this project in terms of its implications for the application of the Convention, and provide a copy of any relevant texts adopted. In connection with its previous comments, the Committee wishes to draw the Government’s attention to the following points.

Article 3, paragraph 1, of the Convention. The Committee notes that pursuant to section 8(j) of Decree No. 682 of 11 April 1996 on the organization and functions of the labour and social security sector, the Ministry of Labour and Social Welfare is responsible for informing employers and workers about the application of labour standards. The Committee would be grateful if the Government would state whether this function comes under the labour inspectorate, as (b) of this provision requires, and whether labour inspectors are by law responsible, in accordance with (c), for bringing to the notice of the competent authority defects or abuses which are not specifically covered by existing legal provisions.

Articles 6 and 15. Noting that, according to the Government, the Act guaranteeing the right to a hearing of public employees other than those engaged in the administration of the State, ensures that labour inspectors have stability of employment and are independent of changes of government and of improper external influences. The Committee notes from the Government’s report, however, that observance of the principle of discretion prescribed by Article 15(b) is ensured by the enforcement of sections 5 and 41 of the Public Service Act. The Committee would be grateful if the Government would provide information on the nature and length of labour inspectors’ contracts and would send a copy of the Public Service Act.

Article 8. The Committee notes with interest that women account for 43 per cent of labour inspectorate posts and that they participate in the work of the interministerial committees responsible for the protection of women workers. The Committee would be grateful if the Government would provide information on the distribution by grade and sex of the entire staff of the labour inspectorate.

Article 11. The Committee takes note of the information concerning the significant improvement in the material working conditions of labour inspectors, including the service vehicles made available to them for travel in connection with work. The Committee would be grateful if the Government would indicate the number and geographical distribution of the abovementioned official vehicles and would provide a copy of the regulations on allowances to cover accommodation, transport and food costs referred to by the Government to illustrate the application of paragraph 2 of this Article.

Article 12, paragraph 1. The Committee notes that, according to the explanation given by the Government on the practical application of section 38(a) of the Act on the organization and functions of the labour and social security sector, inspection visits may be carried out by day and by night at workplaces liable to inspection but only in so far as the working hours of the establishment allow. The Committee wishes to stress the need to extend the exercise of this right of labour inspectors to any hour of the day or night as provided in the Convention, without excluding the rest periods of such establishments. Some technical controls can be carried out only when machines are not operating. Furthermore, unannounced visits during rest periods facilitate supervision of the application of legal prescriptions on the working hours and on illegal employment.

The Committee notes that the legislation does not provide, as required by (b), that labour inspectors must also be authorized to enter by day any premises which they may have reason to believe are liable to inspection. The Committee wishes to draw the Government’s attention to the case of establishments which, for one reason or another, are not registered or on record and are therefore not formally liable to inspection but which may nonetheless employ workers whose rights are covered by the labour legislation monitored by the inspection service.

The Committee notes that, according to section 47 of the Act on the organization and functions of the labour and social security sector, labour inspectors may visit a workplace only in the presence of the employer, the workers or their representatives. The Committee is of the view that this provision is contrary to paragraph 1(c), which allows inspectors to carry out enquiries either alone or in the presence of witnesses, and paragraph 2 which provides that on the occasion of an inspection visit, the labour inspector may decide whether or not it is advisable to notify the employer or his representative of his presence.

The Committee hopes that the Government will not fail to take the necessary steps, possibly through the MATAC-ILO project, to amend the legislation so as to bring it into line with paragraphs 1 and 2 of Article 12. The Government is asked to report on progress made in this regard.

Article 18. The Committee notes that the penalties for breach of the legal provisions enforceable by labour inspectors in accordance with the Convention are established by section 627 of the Labour Code and section 59 of the Act of the organization and functions of the labour and social security sector. The Committee wishes to draw attention to the advantages of ensuring that the value of fines remains sufficiently dissuasive, regardless of any currency devaluations, to encourage observance of the law. The Committee hopes that the Government will not fail to adopt measures to this end including an appropriate method for reviewing the amount of fines.

Articles 20 and 21. The Committee notes that, according to the Government, the activities report of the Directorate General of the Labour Inspectorate is officially published in the activities report of the Ministry of Labour and Social Welfare and can be accessed by all concerned. The Committee notes, however, that such a report is not sent to the ILO, and hopes that it will be sent in the near future and will contain information on every item set out in (a) to (g) of Article 21.

Labour inspection and child labour. Noting that the Government has recently ratified an ILO Memorandum of Understanding on the elimination of child labour, the Committee asks the Government to provide information on the effect given to the above agreement in practice, and to ensure that relevant statistics are included in annual inspection reports.