Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour Inspection Convention, 1947 (No. 81) - Peru (Ratification: 1960)

The Committee notes the observations made by the Single Confederation of Workers of Peru (CUT) and the Autonomous Workers’ Confederation of Peru (CATP), received on 2 and 6 September 2014, respectively. The Committee requests the Government to provide its comments on the observations of the CUT and the CATP.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

The Committee notes that the Governing Body at its 321st Session (June 2014) approved the report of the tripartite committee set up to examine the representation made by the CATP.

Articles 3(1)(a), 4(1) and 16 of the Convention. Necessity to re-establish a central authority and the planning and due frequency and thoroughness of labour inspections. The Committee recalls that the tripartite committee asked the Government to provide information on the measures adopted to ensure that the regions implement effectively the inspection plans and conduct the planned visits with the frequency and thoroughness required by the Convention. The Committee notes that the Government indicates that the National Labour Inspection Authority (SUNAFIL) encompasses the National Unit for the Supervision of the Inspection System. Under the terms of section 36(e) of the Regulations on the organization and functions of SUNAFIL, the National Unit for the Supervision of the Inspection Systems supervises the regional units and administrative authorities responsible for labour inspection in regional governments implement effectively the inspection plans and carry out inspections with the frequency and thoroughness required by the Convention.

The Committee also recalls that the tripartite committee considered in its conclusions that, as a result of decentralization, the organization and functioning of the labour inspectorate are no longer fully consistent with Article 4(1) of the Convention since, in practice, the role of the Directorate General of Labour Inspection (DGIT) as a central authority has been significantly reduced. However, the tripartite committee also noted that, with the entry into force in 2013 of Act No. 29981 and its implementing regulations, the situation was changing for the better. The tripartite committee requested that the Government adopt on a regular basis the necessary measures, both in law and practice, to ensure compliance with this Article of the Convention. In this regard, the Committee observes that the Government indicates that SUNAFIL is the current central authority and the body responsible for the labour inspection system and that, in accordance with Ministerial Decision No. 037-2014-TR, its functions as the central authority at the national level were initiated on 1 April 2014. The Government adds that the regional governments can only discharge inspection functions within the scope of the responsibilities in relation to formal and informal micro-enterprises in accordance with the sectoral policies and plans and the standards issued by SUNAFIL. The Committee further indicates that, under the terms of section 19 of the General Labour Inspection Act, the central authority – SUNAFIL – has technical responsibility for the inspection services of regional governments, discharges the roles of direction, organization, coordination, planning, follow-up and supervision of the activities and operation of the inspection system at the national level. In light of the above, while the Committee welcomes the issuing of Ministerial Decision No. 037-2014-TR, it asks the Government to specify the manner in which SUNAFIL exercises in practice the functions of direction, organization, coordination, planning, follow-up and supervision, in relation to the regions, as well as to provide inspection data disaggregated by region, including with regard to micro-enterprises.

Articles 6 and 15(a). Legal status and conditions of service of labour inspectors. The Committee recalls that the tripartite committee considered that the recruitment of labour inspectors by regional governments under the labour systems of the private sector and administrative services contracts (CAS) is not in conformity with the requirements of stability of employment and independence of changes of government, and of improper external influences, as required by Article 6 of the Convention. The tripartite committee asked the Government to ensure that, while a single system relating to conditions of service was being implemented, as envisaged in the Civil Service Act, necessary measures were adopted to guarantee all labour inspectors equivalent conditions, ensuring adequate conditions of service and remuneration. The Committee notes that the Government indicates that as of the first half of 2014 neither regional governments nor SUNAFIL have been allowed to recruit labour inspectors under the labour system established by Legislative Decree No. 1057, namely CAS. The Government adds that the National Unit for the Supervision of the Inspection System of SUNAFIL has informed regional services and/or directorates of the exclusivity of the functions of inspection and that SUNAFIL will adapt to the system provided for in the General Regulations of the Civil Service Act of June 2014 (in so far as the staff governed by the CAS system may choose to transfer voluntarily to the civil service system) over the next few years. The Government indicates that the approval of the earnings scale of SUNAFIL by Supreme Decree No. 324-2013-EF, of 18 December 2013, raises the remuneration of labour inspectors by over 120 per cent. Finally, the Government also refers to the requirement for inspection personnel to conduct inspections in accordance with the principles of integrity, impartiality and confidentiality set out in the General Labour Inspection Act and the Regulations on the careers of labour inspectors, and it also provides information on the penalties to which they may be liable for the improper discharge of their functions and competencies, subject to disciplinary procedures conducted with their participation. While the Committee welcomes the measures taken to achieve uniformity in the recruitment of inspectors and their conditions of service throughout the national territory, the Committee requests the Government to provide information on any developments concerning the transfer of the labour inspection personnel to the civil service system and any measures that it might wish to take with a view to continue further improvement of its conditions of service.

Article 7(1). Conditions for the recruitment of labour inspectors. The Committee recalls that the tripartite committee requested that the Government take the necessary measures on a regular basis to ensure that recruitment criteria for labour inspectors in the regions are consistent with the requirements of this provision of the Convention. The Committee notes that the Government indicates that under the terms of section 20 of Act No. 29981, access to all levels of the career structure of labour inspectors is through public competition. It notes that inspectors are subject to annual evaluation procedures, and the recruitment and careers of labour inspectors are regulated by the Regulations on the careers of labour inspectors, which establish the procedures governing entry into the profession and conditions for promotion. The Committee asks the Government to provide information on the application in practice of the Regulations on the careers of labour inspectors.

Article 7(3). Training of labour inspectors. The Committee recalls that the tripartite committee requested that the Government pay particular attention to the continuity of training for labour inspectors in the regions. The Government indicates that SUNAFIL has initiated the implementation of a capacity-building plan for the present year for inspection personnel, including in the regions, and that in 2013, 104 training events were carried out (according to the Government, 279 inspectors were trained). The main subjects addressed during the training were occupational safety and health, inspection procedures and labour standards. The Committee encourages the Government to continue providing information on the training activities conducted for inspection personnel.

Articles 10 and 11. Human and financial resources and material resources of the labour inspectorate. The Committee recalls that the tripartite committee expressed the hope that the Government would take measures to assess the needs of the inspection services in terms of human and material resources. The Committee observes that the Government indicates that Supreme Decision No. 019-2013-TR approved the Personnel Allocation Table (CAP) of SUNAFIL, which includes a total of 460 auxiliary inspectors, 205 labour inspectors, and 89 inspection supervisors distributed through 26 regional offices. The Committee notes this information and requests the Government to provide information on the measures adopted to fill the approved posts. It also requests the Government to provide information on the material resources, particularly the means of transport, available to inspectors for the performance of their duties.

Article 18. Adequate and effectively enforced penalties. The Committee recalls that the tripartite committee expressed the hope that the Government would continue making practical efforts to improve the imposition and effective enforcement of penalties (under Act No. 29981). In this regard, the Government indicates that an agreement has been concluded with financial institutions for administrative support in the collection of fines. The Committee requests the Government to provide information on whether the agreement referred to by the Government also covers the collection of the penalties imposed on employers in all workplaces subject to inspection, including in micro-enterprises.

Articles 19, 20 and 21. Preparation of periodical reports and publication and transmission to the ILO of the annual report. The Committee recalls that the tripartite committee emphasized the need for the Government to adopt, on a regular basis, the necessary measures to collect full periodical data on the activities of local inspection offices with a view to giving effect to the Articles of the Convention. The Committee observes that the Government indicates that: (i) in accordance with section 15(f) of the Regulations governing the careers of labour inspectors, it is a requirement for the personnel to carry out inspection duties and to submit monthly reports on the results of their activities; and (ii) section 24 of the General Labour Inspection Act provides that labour inspectors shall report on their inspection activities to the respective director of inspection, and the latter shall report to the competent regional director who shall consolidate the information received and bring it to the knowledge of the central authority in the form, and at the intervals, that the central authority determines. The Committee notes this information, but also observes that no relevant information has been received. The Committee trusts that the Government will take the necessary measures to ensure the publication and communication to the ILO of an annual report on the activities of the labour inspection services, containing all the information required by Article 21(a)–(g). In this regard, the Committee invites the Government to consider the possibility, if necessary, of availing itself of ILO technical assistance.

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

[The Government is asked to reply in detail to the present comments in 2015.]