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

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

Article 7(3) of the Convention. Adequate training for labour inspectors for the performance of their duties. In its previous comment, the Committee asked for information on initial and further training for labour inspectors. The Committee notes the information sent by the Government, particularly regarding a workshop held in 2014, in the context of further training, concerning the standardization of criteria for the labour inspectorate, which resulted in a document that was widely disseminated among the staff. It also notes that a plan is currently being formulated for training for various areas of the Ministry of Labour, including labour inspection. The Committee requests that the Government provide information on the content of the abovementioned training plan for the labour inspectorate.

Article 12(1)(a)–(b) and (2), and Article 17. Freedom of labour inspectors to enter workplaces, notification of presence and discretion to decide on the treatment of infringements. In its previous comments, the Committee noted that the preliminary draft of amendments to the Act on the Organization and Functions of the Labour and Social Security Sector (LOFT) did not reflect its comments on the abovementioned Articles and asked for them to be taken into account in the new Act.

The Government indicates that the abovementioned preliminary draft has been submitted by the Secretariat of State to the Legislative Assembly and that it complies with the Committee’s recommendations. Observing that it has not received a copy of the abovementioned preliminary draft, the Committee requests that the Government ensure that the draft which is finally approved is in full conformity with the provisions of the Convention and that it takes into account the Committee’s previous comments concerning the Articles referred to by the Government in its report. The Committee reminds the Government that it may avail itself of technical assistance from the Office in this respect.

Article 14. Notification to the labour inspectorate of occupational accidents and cases of occupational disease. With regard to the Committee’s previous comment concerning the manner in which industrial accidents and cases of occupational disease are to be notified to the labour inspectorate, the Government refers to its website dealing with the national industrial accident reporting system (SNNAT) and to the Occupational Risk Prevention Act. However, the Committee notes once again that section 78 of the aforementioned Act and the website indicated by the Government deal with the notification of industrial accidents to the Directorate of Social Welfare and not to the labour inspectorate. The Committee requests that the Government take the necessary steps to ensure that labour inspectors are notified of industrial accidents and cases of occupational disease, in accordance with the provisions of Article 14 of the Convention (for example, reporting to the labour inspectorate could be via the Directorate of Social Welfare).