Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Labour Inspection Convention, 1947 (No. 81) - Paraguay (Ratification: 1967)

Articles 3(1), 5(a), 20 and 21 of the Convention. Failure to submit an annual report on the labour inspection activities. Absence of information on the establishment of a register of employment relationships. The Committee notes with regret that since the ratification of the Convention in 1967, the Government has never sent a complete annual labour inspection report to the Office as required by Articles 20 and 21 of the Convention. Moreover, the Government’s latest report does not contain the information previously requested by the Committee on the implementation or impact of Decree No. 580/2008 which requires all employers to register employment relationships in the Unified System of Business Registration (SUAE), a database which is to be shared by several governmental institutions.

The Committee urges the Government to ensure that the necessary measures are taken by the labour inspection authority with a view to the preparation, publication and communication to the ILO of an annual labour inspection report under Article 20 of the Convention containing information on all the subjects covered by Article 21(a)–(g). In this regard, and with reference to its general observations of 2009 and 2010, the Committee once again asks the Government to provide information on the progress made in the implementation of Decree No. 580/08 and on the establishment of the SUAE, as well as the latter’s impact on the activities of the labour inspection, in relation to ensuring the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work (Article 3(1)).

Regional cooperation and other efforts to enhance coordination and coherence. The Committee notes that the Government’s report contains the text of an audit carried out in 2010 by the United Nations Development Programme (UNDP) on the role and sanctioning system of the public inspection services (hereinafter the “2010 audit”), which, while pointing to a number of problems in the labour inspection system relevant to the application of the Convention, also notes that joint inspection visits in border areas between Argentina, Brazil, Paraguay and Uruguay organized within the framework of the Common Market of the Southern Cone (MERCOSUR), have contributed to the implementation of unified criteria for inspection procedures in these countries. The Committee also notes that the Government has requested assistance in the framework of a partnership agreement between the ILO and the Government of Brazil for the promotion of South–South cooperation in Latin America, aimed at extending social security coverage in the country. In this context, it was envisaged inter alia to establish a forum of inspectors from the different inspection services for the coordination of their work (including through biannual meetings, but more importantly through internet and telephone contacts) and the design of model reports for easy reference on issues of interest to the respective governmental institutions. The Committee would be grateful if the Government would provide information on the impact of international cooperation within the framework of MERCOSUR in relation to the discharge of the labour inspectors’ preventive and enforcement duties in the area of conditions of work and the protection of workers. Noting that the Government has requested technical assistance in the framework of the partnership agreement between the ILO and the Government of Brazil, the Committee invites the Government to take formal steps in this regard and to keep the Office informed.

Articles 6, 10 and 16. Number and conditions of service of labour inspectors and number of inspection visits. The Committee notes that, according to the Government, the number of labour inspectors decreased from 34 in 2009 to 31 in 2011 and the number of inspection visits fell from 1,641 in 2009 to approximately 1,204 in 2010. Moreover, according to the Government, while the proportion of labour inspectors who are permanent officials has now increased from 85 to 93.5 per cent, their level of remuneration remains very close to the legal minimum wage. The Committee reiterates its request for the necessary measures to be taken so as to improve the conditions of service of labour inspectors and controllers (increased remuneration, or at least adaptation to the level of other inspectors discharging similar functions, and improved career prospects, including variations in remuneration based on education, training, merit or length of service). It requests the Government to indicate any measures taken or envisaged to increase the number of labour inspectors, with a view to ensuring that workplaces are inspected as often and as thoroughly as necessary.

Article 7(3). Training of labour inspectors. The Committee notes that the Government does not provide information on any measures taken to improve the initial and subsequent training of labour inspectors, as previously requested. It therefore once again requests the Government to take measures to improve the initial training provided to labour inspectors to enable them to carry out their duties as effectively as possible and to offer them subsequent training in the course of employment thereby updating their knowledge and skills and allowing them to adapt to technological or other developments in the world of work.

Furthermore, the Committee once again requests the Government to provide a copy of the labour inspection manual produced in cooperation with the trade unions: the Paraguayan Central of Workers (CPT), the National Union of Workers (CNT) and the Single Confederation of Workers (CUT); and employers’ organizations: the Industrial Union of Paraguay (UIP) and the Federation of Production, Industry and Commerce (FEPRINCO).

Article 11. Material and logistical means available to the labour inspectorate. The Committee notes that the Government reports some improvements in the material and logistical resources available to labour inspectors (purchase of seven computers and printers and installation of a telephone line). The Committee asks the Government to continue providing information on any measures taken to improve the material and logistical resources available to labour inspectors, which the Government describes as scarce.

Articles 12(1)(a) and (2)(c), and 15. Restrictions on the initiative of inspectors to enter freely workplaces liable to inspection. The Committee notes that Decision No. 1278 of September 2011, which is attached to the Government’s report, still requires a formal authorization of inspection visits through an inspection order to be issued by the Deputy Minister of Labour and Social Security and the Director-General for Labour “where appropriate”. It recalls that it has been raising this issue for a number of years in its comments under Articles 12 and 15. The Committee once again urges the Government to take the necessary measures, including the amendment of Decision No. 1278 of September 2011, to ensure that inspectors are empowered both in law and in practice to enter freely at any hour of the day or night any workplace liable to inspection, as provided in Article 12(1)(a) of the Convention and that the requirement of prior authorization of inspection visits is brought to an end.

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