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

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

Articles 6 and 15(a) of the Convention. Legal status, conditions of service and integrity of labour inspectors. In its previous comments, the Committee noted the observations of the Trade Union of Men and Women Workers of the Ministry of Labour and Social Welfare (SITRAMITPS), alleging aggressive and demeaning treatment on the part of the administrative authority towards labour inspectors, with accusations of corruption, unpaid suspensions and transfers of posts. In this respect, the Government indicates in its report that in 2009, as part of its anti-corruption and transparency policy, it identified recurrent malpractice among staff and took steps to prevent it, recommending that the legal advisory office at the Ministry should conduct an investigation and, if necessary, launch the disciplinary procedure laid down in Chapters VII and VIII of the Civil Service Act. The Government indicates that in the course of this procedure it summoned the individuals under investigation to exercise their right of defence and authorized them to receive trade union assistance. Moreover, the Government reports on a number of persons who faced disciplinary proceedings for corruption, some of whom have been acquitted or reinstated by the Civil Service Tribunal (TSC). The Government also indicates that the alleged harassment has not occurred and that, in the case of transfers, account has been taken of the needs of the service and of inspectors’ own wishes.

Status and conditions of service. In its previous comments, the Committee requested information on the number of labour inspectors having the status of public servants and the number of those appointed under the contract system, their level of remuneration, and the nature and duration of contracts for the latter category. The Committee notes the Government’s indication that all inspectors who have been recruited since 2012 are public servants and that no inspector is currently employed under the contract system. The Committee also notes that the collective labour agreement between the Ministry of Labour and Social Welfare and SITRAMITPS, which is in force from 2016 to 2018, establishes the salary scales for all posts at the Ministry of Labour and Social Welfare and consequently for labour inspectors, which are similar to those for occupational safety technicians and occupational health technicians. Specifically, the salaries of labour inspectors increased by some 38 per cent between 2015 and 2018. The Committee welcomes this information and requests specific information on the number of inspectors that are public servants over the last ten years, as well as on the record of disciplinary procedures and their results since 2015.

Articles 19, 20 and 21. Periodic and annual inspection reports. In its previous comments, the Committee had requested the Government to publish an annual report on the work of the inspection services in accordance with Article 21 of the Convention and with the deadlines established in Article 20. The Committee notes the Government’s indication that it is in the process of preparing the requested report with the statistical data compiled on the Ministry’s website. The Committee recalls that the content required for these reports is set out in Article 21(b)–(g) of the Convention, and draws the Government’s attention to the guidelines contained in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81). In particular, the Committee recalls that it is important that statistics of staff in the labour inspection service are disaggregated so as to enable an assessment of the extent to which staffing levels meet the criteria for determining the number of inspectors in accordance with Article 10 of the Convention (see 2006 General Survey on labour inspection, paragraphs 325–326). It also recalls that statistics on the number of workplaces liable to inspection and the number of workers employed therein are essential for the evaluation of the resources needed by the labour inspectorate. The Committee trusts that the annual report currently being prepared will be published without delay and will contain the information required by Article 21(a)–(g) of the Convention. The Committee also requests the Government to send a copy of the annual report and also of the periodic reports prepared by local inspection offices.

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