Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Inspection Convention, 1947 (No. 81) - Uruguay (Ratification: 1973)

Article 6 of the Convention. Legal status and conditions of service of labour inspection staff. Stability of employment and independence. The Committee notes with interest the information that 33 persons under contract as occupational safety and health inspectors in the Working Environment Conditions (CAT) Division, who had not yet attained the status of public officials, entered the public service, in the same way as the other inspectors, after participating in a competitive and merit-based selection process. According to the Government, the conclusion of a public service contract without limit of time means that these officials enjoy the necessary guarantees and stability. The Government clarifies that the administration may assess their suitability for a specific period, before including them in the ranks of budgeted public officials, and that currently all labour inspectors are protected by the status of budgeted public officials.

The Committee also notes with interest that, according to the Government, as from the middle of 2007, and as a consequence of the application of their status of exclusive assignment, the earnings of inspectors rose by 100 per cent and, although there remains a small difference in relation to the number of working hours, inspectors receive salaries that are more than double those of other public officials. The Committee notes with interest that, according to the Government, there is currently only one labour inspector who has not been granted the status of exclusive assignment. The Committee would be grateful if the Government would keep the Office informed of developments regarding the number of inspectors who have attained the status of exclusive assignment. The Committee also requests the Government to indicate the percentage of working hours for which an inspector may be dispensed from the status of exclusive assignment to labour inspection.

Allegations of discrimination. With regard to the allegations of discrimination against unionized inspectors previously made by the Ibero American Confederation of Labour Inspectors (CIIT), the Government reaffirms that no type of discrimination occurs against unionized inspectors and that, on the contrary, trade union leave is facilitated and respected so that inspectors can undertake trade union activities. The text of the forms which inspectors have to complete daily on their activities was decided upon in a common agreement with inspectors, the directors of inspection services and supervisors, and those concerned were the ones that requested the inclusion of the item relating to trade union activities, which responds to the desire to clearly identify their various everyday activities. The Committee takes due note of the information provided by the Government.

Conditions of service. The Committee also notes that, according to the Government, the salaries determined for tax inspectors are similar to those of labour inspectors. The difference lies in the variable component of their remuneration which, in the case of tax inspectors, attached to the service which collects and administers taxes, is related to management and collection responsibilities. This difference can, on occasions, amount to 25 per cent of the salaries of labour inspectors, while on other occasions it may be lower or zero. The Committee notes with interest that the authorities of the Ministry and of the inspection services are analysing the possibility of revising these aspects of the remuneration of inspectors. The Committee requests the Government to provide information on any measures envisaged or adopted with a view to improving the remuneration or benefits of labour inspectors in the light of the socio-economic importance of the objectives assigned to the labour inspection services.

Article 7. Retraining of inspectors. The Committee notes with interest the creation of communication and training teams, which include inspectors, with a view to defining, jointly with management, the necessary training courses for labour inspectors. It notes that during the course of 2010, training days were held, among other subjects, on vertical work techniques, that all inspection staff are currently participating in workshops relating to the installation of the electronic management system and that a workshop has been planned for 2011 on the interdisciplinary treatment of harassment, together with courses to update knowledge in the field of social security contributions and rulings on wages. The Committee would be grateful if the Government would keep the Office informed of the planning of future training activities for inspectors and their impact on the achievement of the objectives of the Convention.

Articles 10(a)(i) and (ii) and (b), 11, 16 and 21(c). Number of labour inspectors, working conditions of inspectors, and inspection visits. The Government indicates that the current number of inspectors is 147, of whom 63 are assigned to the CAT Division and 84 to the General Labour Conditions (CGT) Division (eight of these posts are currently vacant). According to the Government, in view of the size of the country (the most distant point from the capital is only 600 km away) and the availability of appropriate vehicles to cover these distances rapidly and with sufficient ease, all of the inspection staff covers the interior of the country, and not only inspectors who are based outside the capital. Inspection activities in departments with few inhabitants are difficult for inspectors who live there. For these reasons, the Government considers it important to maintain the current system. Moreover, a draft agreement with other State bodies is under examination with a view to making air transport facilities available to labour inspectors, where necessary. The Government also reports the purchase in 2010 of four new 4x4 vehicles and indicates that, together with the remaining vehicles, they cover the needs of the inspection staff in this respect. The Government adds that it is in the process of implementing an electronic management system which will involve the total computerization of inspection functions. The Government indicates that in this framework, teams of inspectors have been set-up in order to introduce in the system statistics on inspection activities, and particularly on accidents. With reference to offices, the Government indicates that the work that is planned and budgeted will result in the doubling of the physical space currently available to both Divisions. The Committee takes note of this information with interest and requests the Government to keep the ILO informed of progress made in the establishment of the electronic management system and its impact on the effective discharge of the duties of the labour inspectorate. Furthermore, the Committee would be grateful if the Government would keep the ILO informed of progress in the recruitment of new labour inspectors to fill the vacant posts and specify the number of inspectors who are engaged in inspections of workplace.

Articles 20 and 21. Publication and communication of an annual report on the work of the labour inspection services. The Committee once again requests the Government to ensure that the relevant measures are taken with a view to ensuring that the annual inspection reports henceforth contain information on all of the issues envisaged in Article 21, and particularly on clause (c) (statistics of workplaces liable to inspection and the number of workers employed therein), (e) (statistics of violations and penalties imposed, including references to the respective legislative provisions) and (g) (statistics of occupational diseases).

The Committee is raising other points in a request addressed directly to the Government.