Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations made by the Autonomous Workers’ Confederation of Peru (CATP), received on 1 September 2016, which refer principally to the absence of sufficient personnel to ensure the effective discharge of the functions of the inspection services; the lack of sufficient financial and material resources, particularly in relation to premises, equipment and vehicles; freedom of access to workplaces liable to inspection; the reimbursement of expenses incurred by labour inspectors in the discharge of their duties; and finally the procedure for issuing penalties which, according to the CATP, does not fulfil its function. The Committee requests the Government to provide its comments in this regard.

Articles 3(1)(a) and 4(1) of the Convention. Necessity to establish a central authority. In its previous comments, the Committee requested the Government to specify the manner in which the National Labour Inspection Authority (SUNAFIL), as the central inspection authority, exercises in practice the functions of direction, organization, coordination, planning, follow-up and supervision, and to provide data on the inspections carried out, disaggregated by region (including with regard to micro-enterprises).

In this connection, the Government indicates in its report that the organic structure of SUNAFIL is based on three bodies: the first two formulate and propose policy in relation to inspection, prevention and advice, while the third oversees the action of all inspection bodies. The Committee also notes the data included in the Government’s report on the inspections carried out by region by the regional departments of SUNAFIL and the Regional Labour and Employment Promotion Departments.

Articles 6 and 15(a). Legal status and conditions of service of inspectors. In its previous comments, the Committee requested the Government to provide information on the process of the transfer of labour inspection personnel to the public system and on any measures that may have been taken to continue improving the conditions of service of labour inspectors and ensuring their stability of employment and independence of changes of government and of any external influences.

In this regard, the Government indicates that section 20 of Act No. 29981 of January 2013, establishing the SUNAFIL, amends Act No. 28806, the General Labour Inspection Act, and Act No. 27867, the Basic Act on Regional Governments, and provides that SUNAFIL employees shall be governed by the labour legislation regulating private activities until the public service career system is implemented. The Government also indicates that the first supplementary transitional provision of Act No. 30057, the Civil Service Act, adopted in July 2013, provides that the implementation of the new civil service system shall be undertaken within a maximum period of six years from its entry into force. It adds that, up to now, SUNAFIL and the regional governments have not yet integrated the Civil Service Act. The Government also indicates that Supreme Decree No. 021-2007-TR, issuing the Regulations governing the careers of labour inspectors, provides in section 3(3)(2) that entry into the career system shall give rise to an employment relationship of a permanent nature and the right to reinstatement in the event of unjustified dismissal. The Committee trusts that within the period set out in the Civil Service Act, the SUNAFIL and the regional governments will be integrated into the civil service system and their personnel transferred to the public system.

Articles 12(1)(a) and (c), and 15(c). Scope of the right of free entry of labour inspectors into workplaces liable to inspection. In its previous comments, the Committee requested the Government to take the necessary measures to amend sections 10 and 13 of the General Labour Inspection Act, under the terms of which labour inspectors must always take action based on an order from their superiors, including in the case of the receipt of a complaint, and that the competent authority has to issue the inspection order which shall designate the inspector or team that is to carry out the inspection and indicate the specific action to be taken.

The Committee regrets to note that no change has been made by the Government in this regard. Indeed, despite the Government’s indication that section 12 of the General Labour Inspection Act provides that the action carried out by the labour inspectorate may have its origins in an initiative by inspectors in cases where the action taken in compliance with an inspection order reveals facts related to the order, or which may be in violation of the current legislation, the Committee observes that this provision does not guarantee the freedom of initiative of inspectors. The Committee urges the Government to take appropriate measures to repeal the provisions which make inspections subject to an order issued by a higher authority.

Articles 19, 20 and 21. Preparation of periodical reports and publication and transmission to the ILO of the annual report. In its previous comments, the Committee requested the Government to take the necessary measures to ensure the preparation and publication of the annual report. In this regard, the Committee notes the Government’s indication that SUNAFIL has published an Annual Labour Inspection Plan and is currently preparing the Annual Labour Inspection Report in Peru for 2015. The Committee trusts that the Government will publish and communicate to the ILO an annual report on the work of the labour inspection services containing all the information required under Article 21(a)–(g).

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