Labour Inspection Convention, 1947 (No. 81) - Bolivia (Plurinational State of) (Ratification: 1973)

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

The Government communicated the following information:

Article 5 of the Convention. In order to give effect to this Article, the Government established the policy of maintaining ongoing dialogue and consultation with the employers' and workers' organisations in the country. Furthermore, in order to encourage and spread the role to be played by the national inspection services, the following events and actions will be planned and carried out with the cooperation of the Latin American Labour Administration Centre based in Lima, Peru (CIAT):

(a) A seminar on inspection was organised with the participation of three experts from the ILO and was attended by inspectors from all over the country. This seminar dealt with the following themes: labour legislation, inspection procedures and forms, conciliation, mediation, arbitration and an analysis of inspection in Bolivia. The results were excellent and it was made clear that an inspector must have a wide perspective on labour relations in the present ever-changing society and economy.

(b) Along the same lines, a seminar on occupational safety and health was held for inspectors of the relevant division, and trade union leaders concerning the means of prevention and control of occupational accidents, and on working conditions in industrial establishments.

(c) A national awareness campaign was undertaken throughout the country on television, radio and the newspapers concerning occupational safety and health. Moreover, the General Occupational Safety and Health Act was published and 14 safety posters were provided to labour centres.

(d) Intense consultation has taken place systematically with respect to conciliation in order to resolve the numerous problems which have resulted from the crisis. This has had the best results at all levels, beginning with labour inspectors, the general inspectorate, the general management, the Under-Secretary for Labour, up to the Minister's office.

Article 6. First, it should be noted that the Labour Inspectorate Regulations, approved by Ministerial Resolution No. 346/87, have entered fully into force. These regulations, therefore, guarantee stability of employment for staff who serve in this operative unit. Proof of this is that no inspector has been removed in the last three years.

Furthermore, the total number of inspectors has increased from 63 in 1991 to 73 in 1992, of which six belong to the Occupational Safety, Health and Welfare Inspection Service. Of this total, ten inspectors have recently been created in the following districts:

1. Monteagudo Department of Chuquisaca

2. Mineros Department of Santa Cruz

3. Montero Department of Santa Cruz

4. Ibirgazama Department of Cochabamba

5. Colagaita Department of Potosi

6. Bermejo Department of Tarija

7. Positos Department of Tarija

8. Villamontes Department of Tarija

9. Sorata Department of La Paz

10. Itinerant Inspector Tupiza, Potosi

Articles 10, 11, 16, 20 and 21. The wages of the inspection staff in each administrative section were also increased, according to the economic possibilities of the National General Treasury, in the following amount and percentage:

1990

From Bs.131-210 60.31 per cent

1991

From January to July:

From Bs.210-235 11.90 per cent

From August to December:

From Bs.235-242 2.98 per cent

1992

From Bs.242-263 8.68 per cent

Presently, the working conditions are unsurpassable with respect to physical space, equipment, lighting, cleanliness and other aspects, as compared with conditions three years ago.

Article 16. This article is fully applied since inspectors carry out their visits under the same terms as the Convention and as often as necessary.

With respect to the annual reports referred to in Articles 20 and 21, their publication and distribution will take place in the next months due to the new mechanisms which are being organised in the Ministry.

In addition, a Government representative, the Minister of Labour, stated that contrary to what was indicated by the Committee of Experts, regulations on labour inspection were in force in his country since 1987. In the last three years, the administrative problems encountered in the area of labour administration had been overcome with a contribution from a national seminar organised with the technical assistance of the ILO on the training of labour inspectors (1991). There was progress made in ensuring the professional status and continuity of the labour inspectors (the Government will be asking for ILO technical assistance on this point). With regard to the areas covered by inspection, new districts had been created covering not only capital cities but also agricultural areas (these did not exist before due to the absence of enterprises and the obsolete methods of production in these areas). In the major districts the number of inspectors grew by 50 per cent as compared to the figures in 1990 and between 1990 and 1992. The salaries of the inspectors increased by 100 per cent and they now have permanent status in their jobs.

The Workers' members stressed the importance that was attached by the Committee to labour inspection, because without an adequate labour inspection service many legislative provisions could not be implemented. An adequate labour inspection service that was reasonably well paid, well trained and provided stable employment was essential. They noted with interest that the number of inspectors had increased, and that in ten districts wages had been increased substantially. In reference to the information requested in the Committee of Experts' report, they stated that they had failed to fully understand the responses given. In particular, they referred to Articles 5, 6, 10, 20 and 21. They asked the Government member to reply to the point raised by the Committee in respect of Article 5, regarding the importance of the collaboration between officials of the labour inspectorate and employers and workers of their organisations. In their view, great importance should be attached to the question of stability of employment and independence of inspectors (Article 6). They noted, however, that the Government's report contradicted information given at the 1990 Conference regarding certain regulations; the Workers' members wished to know whether or not these regulations had actually entered into force. They also requested information about a further point raised in the Committee of Experts' report concerning publication of annual inspection reports. They emphasised that it was not useful for inspectors to make inspections without producing reports that might be seen by everyone, and then the government providing periodic published reports to the ILO, which could ensure that this work was being carried out in a satisfactory manner.

The Employers' members maintained that the Government representative seemed to be aware of the significance of inspection, and that the Government had already accomplished much in this area and was prepared to make further efforts. However, they noted that no precise answers were given to specific issues dealt with in the Committee of Experts' report. Interest was expressed in clarification of several matters raised in the Committee of Experts' report. Firstly, they wished to have information about coordination between the different supervisory or inspection bodies, in relation to Article 5. Secondly, they wished to know whether the labour inspectorate regulations that for administrative reasons had not been implemented were now in force. Thirdly, they raised the matter of the publication of inspection reports, which were necessary for an overall view by the ILO and the Government of the situation. In order for the Govenment to take measures, it had to have complete data and facts; inspection reports were a excellent basis for such information. In addition, they asked for information on the application of Convention No. 129, and a reaction to the comment in the Experts' report that the Government thought that it was neither appropriate nor practical in the agricultural sector to organise labour inspection. They emphasised that the Government had ratified Convention No. 129 in 1977 and should be able to take relevant measures for its application.

The Government representative reiterated that his Government intended to take into account the comments of the ILO in order to improve its activities and to apply the Conventions. He emphasised that it was more important to observe that a country had taken necessary measures in order to ensure the application of the Conventions themselves. The principle of coordination of inspection services with other government services, and inspection officials with employers and workers and their organisation, as provided for in Article 5 of Convention No. 81, was fully respected not only because the Convention required it but also because it was indispensable in practice. In reference to Article 6 of the same Convention on stability in employment of inspection staff, he indicated that the regulations previously referred to guaranteed such stability and that for the past three years no inspector had been dismissed, except on the basis of performance. In respect of Article 10 concerning the number of inspectors, he indicated that this number had doubled since 1990. He also referred to the Article concerning the means which it was necessary to provide to inspectors for the carrying out of their duties, and stated that in 1990 inspectors were working under minimal conditions. Since that time, the physical space in which they worked had been quadrupled, and remuneration and expenses had been increased, as the Government wanted inspectors to be able to fulfil their tasks, thus guaranteeing respect for the rights of workers. His Government had a special interest in the application of these principles, as it was aware that inspection was the instrument that permitted it to ensure respect for the Conventions. In respect of the annual report on inspection services referred to in Article 21, he pointed out the difficulties which had been encountered in publishing this report, and requested the assistance of the ILO for the purpose of improving this situation. In response to the question regarding the Inspectorate Regulations, he stated that it was in force.

The Workers' members stated that it was still not clear to them whether the Government's report was intended to include the application of Convention No. 129. Some signs of progress had been noted concerning sugar-cane and cotton harvest workers, but agriculture as a whole still did not appear to be included, according to the Experts' report.

The Government representative, in referring to Convention No. 129, stated that in the past labour legislation had excluded the country's agricultural sector. This sector was incorporated within the scope of the application of the General Labour Code pursuant to Decree No. 20255. This created the necessity for inspection in the agricultural sector, and in this sense the demand of the ILO coincided with the decision of the Government, two years ago, to establish inspection in the agricultural sector. He stated that of the ten inspectorates established, eight were in the agricultural sector. Moreover, given the particular situation of this sector and in order to permit a better understanding of social legislation, a plan for diffusion by means of posters had been put into practice, which would permit a better understanding of such laws.

The Committee took note of the information supplied by the Government representative on the points raised in the report of the Committee of Experts. The Committee was under the impression that progress had been made, but requested the Government, in view of the fact that two different Conventions were involved, to send in the near future a detailed report to the ILO concerning the questions raised.

Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

A Government representative, referring to the Committee of Experts' comments concerning Article 5 of the Convention, emphasised that the strict inter-relationship between the various labour inspection services which already existed seemed to be completely adequate. The inspection services which existed in the nine departments of the country were answerable to the central authority which facilitated the co-operation between them, in conformity with the Convention. Furthermore, there was also a constant and permanent communication between the inspection services and the employers' and workers' organisations. This communication took place on a regular basis with regard to all the activities relevant to inspection. The Government had not received any observations from employers or workers concerning any shortcoming in this communication. Co-ordination also existed with other services such as the medical services, social security, technical services and even the police when such co-ordination was necessary, as required by the Convention. In this context, his Government had held a seminar at the national level for inspectors in the country in order to improve the services and another seminar was planned to be held in August 1990 with the participation of the ILO. For all these reasons, his Government did not consider it necessary to take other specific measures concerning the collaboration of inspection services.

As concerned stability of employment which was provided for in Article 6 of the Convention, the Government representative announced that the Labour Inspection Regulations of 1987, which had been pending, entered into force in February 1990. These regulations, the text of which would be communicated to the ILO, guaranteed, in particular, stability of employment to labour inspectors, especially in the event of changes of government. This stability had already been achieved in practice; this was why no labour inspector had lost his or her employment following the last change of government. On the other hand, with regard to Articles 10, 11 and 16 of the Convention, he emphasised that the instability which could be seen in the labour inspection service was due to causes of different nature, which was much more serious as it related to the level of remuneration of labour inspectors. This situation, however, did not apply only to inspectors, but concerned all civil servants as it was due to serious limitations imposed on the State's budget because of the disastrous economic situation in his country which had undergone a hyper-inflation which was the highest in the region. However, a severe programme of structural adjustment had been introduced in 1985 which permitted economic growth. It was thus possible to grant a wage increase of 18 per cent to civil servants after the introduction of the new economic policy. Nevertheless, recognising that the wages of officials of the Ministry of Labour and, in particular, the wages of inspectors were extremely low, these officials had been granted in an economy that had practically no more inflation. Furthermore the Government also intended to increase the number of inspectors this year and next year so that the inspection services could cover other regions and also cover agricultural work.

Referring to the observations made by the Committee of Experts on Articles 20 and 21 of the Convention, the Government representative indicated that the general labour inspection established monthly reports concerning, in particular, the number of inspections carried out, the number of collective disputes, the number of complaints and denunciations for violations of labour legislation, as well as proposals for revision of labour legislation. These reports, however, were mainly internal and were therefore not published, nor communicated to the ILO, as required by the Convention, although they were at the disposal of employers' and workers' organisations which wished to consult them. The Labour Ministry intended to remedy this omission and to publish and annual inspection report from now on which would be communicated to the ILO as required.

The Employers' members emphasised the positive nature of the information communicated by the Government representative. In the first place, the Government had communicated information on the measures taken to establish co-operation between the different inspection services, as well as with the employers' and workers' organisations. In this regard it was important to note that the Convention did not specify the exact nature of the measures which had to be taken. The Committee of Experts seemed to require the adoption of legislative measures whereas the Government representative indicated that co-operation existed in practice and that there were no problems and it was therefore not necessary to adopt new measures. It would accordingly be useful if the Government would provide more detailed information in its next report on the manner in which this co-operation occurred in order to enable the Committeee of Experts to return to this question if the adoption of other measures, and in particular legislative provisions, was still considered to be necessary. Having noted that the provisions mentioned by the Committee of Experts ensuring stability of employment to inspectors had entered into force, they hoped that the Government would communicate a copy of the texts to the ILO and provide information on its implementation in practice. Furthermore, they took note of the information provided by the Government representative concerning the improvement of working conditions of inspectors and the increase in their numbers. The Government should also be requested to provide detailed information in writing on this question. Finally, they noted the commitment given by the Government representative to publish annual inspection reports. To close, the central inspection authority had only elaborated internal reports. Given that Bolivia had ratified this Convention 17 years ago, it was time to change this practice so that the inspection reports would be made available to those who desired them.

The Workers' members thanked the Government representative for the particularly precise and detailed information. They emphasised the progress achieved as concerned the implementation of Article 6, 10, 11 and 16 of the Convention. They considered, however, as the Employers' members did, that it was necessary to urge the communication of detailed reports in order to enable the Committee of Experts to examine the measures taken. As concerned Article 5 of the Convention, the situation was not clear. The report of the Committee of Experts had noted that no specific measure had yet been taken whereas the Government had reiterated the information already given in 1984. A more detailed report on the initiatives and the measures taken was again necessary to enable more in-depth examination and to verify whether the situation was in conformity with the Convention. They emphasised the importance of the publication and communication of annual inspection reports to the ILO in conformity with Articles 20 and 21 of the Convention, both for the national authorities and the employers and workers who could use them to promote the improvement of working conditions in practice, as well as for the supervisory bodies of the ILO. They fully supported, therefore, the comments made by the Employers' members in this regard.

The Government representative explained for the Workers' members that effect had been given to the comments made by the Committee of Experts concerning Article 5 of the Convention. The measures envisaged in 1984 had been acted upon in 1987 when the regulations concerning labour inspection had been adopted. He indicated that these regulations, which entered into force in 1990, were based on the fundamental provisions of the Convention and referred, in particular, to the need to establish co-operation between the inspection services and with the employers' and workers' organisations. The legislative measures required by the Committee of Experts had thus been adopted. Consequently, his Government did not see the need for new measures since adequate co-operation in the sense of Article 5 of the Convention already existed.

The Workers' members, without wishing to call into question the improvement in the situation as concerned the implementation of Article 5 of the Convention, considered that, on the basis of the information provided in the Government's last report, the situation was not clear. They urged that more detailed information on the implementation of this provision of the Convention be communicated in writing for examination by the Committee of Experts.

The Committee noted with interest the detailed explanations supplied by the Government. It trusted that the Government would include this information in a written report so that the Committee of Experts might make a full assessment, whether the Government had fulfilled its obligations under the Convention.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of ratified labour inspection Conventions, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) in the same comment.

Article 1 of Convention No. 81 and Article 3 of Convention No. 129. System of labour inspection. With regard to its previous comment on the adoption of a new General Labour Act, the Committee notes the Government’s indication that: (i) the draft bill is still at the stage of being evaluated by the interested sectors; (ii) the Act on the special procedure for the restitution of labour rights, which enables the State to provide better protection for workers’ rights, came into force on 2 November 2022; and (iii) the drafts of the new Labour Inspection Regulations and the related Ministerial Decision are at the approval stage with a view to subsequent dissemination and implementation. The Committee requests the Government to continue providing information on any developments related to the adoption of the new General Labour Act and the new Labour Inspection Regulations.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Primary duties and other duties. With reference to its previous comment, the Committee notes the Government’s indication that the duties of labour inspectors relating to complaint handling, verifications and hearings, inter alia, are not in contradiction with their duties relating to worker protection. The Committee requests the Government to provide information on the proportion of time and resources which labour inspectors dedicate to the primary duties that they perform under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129, in comparison with other duties that may be assigned to them under Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129.

Article 5 of Convention No. 81 and Articles 12(1) and 13 of Convention No. 129. Cooperation and collaboration. With reference to its previous comment, the Committee notes the Government’s indication that: (i) in order to ensure comprehensive inspections, cooperation takes place among various government institutions, such as the Ombuds Office, the National Institute for Agrarian Reform (INRA) and the Plurinational Council against Trafficking in Persons; and (ii) the workers and a member of the joint committee must be present at the time of an inspection and all inspections are conducted in coordination with the workers’ organizations. The Committee notes this information, which responds to its previous request.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration of technical experts and specialists. With reference to its previous comment, the Committee notes the Government’s indication that labour inspectors are trained to carry out technical and labour inspections and receive ongoing training through workshops and meetings at the national level. The Government gives various examples of the training which was given to inspectors in 2021, including in the area of occupational safety and health. The Committee requests the Government to indicate the manner in which the new Labour Inspection Regulations will ensure the collaboration of duly qualified technical experts and specialists for the purpose of securing the enforcement of the legal provisions relating to the protection of the health and safety of workers while engaged in their work and of investigating the effects of processes, materials and methods of work on the health and safety of workers, in accordance with Article 9 of Convention No. 81 and Article 11 of Convention No. 129.

Article 10 of Convention No. 81 and Article 14 of Convention No. 129. Number of inspectors. With reference to its previous comment, the Committee notes the Government’s indication that in 2021–22 there was a total of 99 inspectors spread over nine departmental labour offices and 16 regional labour offices, in addition to the Fundamental Rights Unit. The Government explains that during 2021 five inspectors were incorporated into the services of the integrated inspectorates (child labour, forced labour, trafficking in persons). However, the Committee observes that in May 2016 the inspection services had 107 inspectors. The Committee requests the Government to provide information on the reason for the decrease in the number of inspectors and whether it is planned to increase their number.

Article 11(1)(a) of Convention No. 81 and Article 15(1)(a) of Convention No. 129. Material resources. With reference to its previous comment, the Committee notes the Government’s indication that labour inspectors have been provided with electronic equipment using an application which enables online completion of inspection forms and streamlining of formalities. While noting this information, the Committee once again requests the Government to indicate whether inspectors have duly equipped offices.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate penalties. With reference to its previous comment, the Committee notes the Government’s indication that the Labour Inspection Regulations in force specify seven cases of obstruction of labour inspection and that obstruction is penalized in terms of the number of infringements. The Government adds that cases of obstruction and violations of labour rights are referred to the labour and social security judge in the competent court. The Committee once again requests the Government to provide information on the number of complaints for obstruction of labour inspection, as well as the penalties effectively applied in these cases and for violations of the legal provisions enforceable by labour inspectors, in accordance with Article 18 of Convention No. 81 and Article 24 of Convention No. 129.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Periodic reports, publication and communication of an annual report on the activities of the labour inspectorate. With reference to its previous comment, the Committee notes the Government’s indication that the Ministry of Labour, Employment and Social Security publishes each year the initial accounts hearing, which presents the programmes and tasks planned by the ministry for the respective year, and the final accounts hearing, which presents the results achieved at the end of the year. The Committee notes that the final accounts hearings for 2021 and 2022 do not provide any information on the subjects specified in Article 21(a)–(g) of Convention No. 81 and Article 27 of Convention No. 129. With reference to its general observation of 2010 on Convention No. 81, the Committee recalls that when well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. The Committee once again requests the Government to take all necessary steps to ensure that information on the subjects specified in Article 21(a)–(g) of Convention No. 81 and Article 27 of Convention No. 129 is published in an annual report on the work of the labour inspection services and that this report is transmitted to the ILO each year, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Article 17 of Convention No. 129. Preventive control. With reference to its previous comment, the Committee notes the Government’s indication that, in accordance with section 6 of Technical Safety Standard NTS-009/18 concerning the presentation and approval of occupational safety and health (OSH) programmes, an enterprise which presents an OSH programme must provide a detailed explanation of the production process (machinery, materials and/or raw materials which are used in the process). The drawing up of this document must be validated by a professional or technician accredited in the National Register of Occupational Safety, Health and Medicine Professionals and Technicians, and the approval of the OSH programme is the responsibility of the Department of Occupational Safety and Health. The Committee notes this information, which responds to its previous request.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of the ratified labour inspection Conventions, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the information provided in the Government’s report in reply to its previous comments on: Article 3(1)(b) of Convention No. 81 (technical information and advice); Article 3(2) of Convention No. 81 (primary duties and other duties); Articles 6 and 7(1) and (2) of Convention No. 81 and Article 8 of Convention No. 129 (conditions of service; recruitment); Article 7(3) of Convention No. 81 and Article 9 of Convention No. 129 (training); Article 11(2) of Convention No. 81 (reimbursement of travel expenses); Article 12 of Convention No. 81 (inspections without prior notice); Article 13 of Convention No. 81 and Articles 22 and 23 of Convention No. 129 (powers of injunction); Article 14 of Convention No. 81 and Article 19 of Convention No. 129 (information on industrial accidents and cases of occupational diseases); and Article 16 of Convention No. 81 and Article 21 of Convention No. 129 (inspection visits).

Article 1 of Convention No. 81 and Article 3 of Convention No. 129. System of labour inspection. With regard to its previous comments on the adoption of the new General Labour Act, the Committee notes the Government’s indication that the preliminary draft is being evaluated by the sectors concerned. The Government also indicates that, in 2016, the draft of the new Inspection Regulations was put forward, with the participation of all of the stakeholders involved, and that it is awaiting adoption by a Ministerial Decision. The Committee requests the Government to continue to provide information on the adoption of the new General Labour Act and on the updating of the Inspection Regulations.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Primary duties and other duties. With reference to its previous comments on the primary duties and other duties of labour inspectors, the Committee notes the Government’s indication that, if a collective dispute between employers and workers is not resolved, an administrative procedure must be initiated, which starts with a list of claims being referred to the labour inspector. The Government adds that the Departmental or Regional Labour Chief may assign labour inspectors other duties, such as: verification of strikes; verification of reinstatement in employment; drafting of reports required by the legislative body; verification of occupational safety and health and welfare plans; investigation of industrial accidents; organization of hearings to settle individual labour disputes between workers and employers; and verification of the content of employment contracts and work certificates. While noting this information, and particularly the fact that the Departmental or Regional Labour Chief may assign labour inspectors other duties, the Committee requests the Government to ensure that any other duties assigned to labour inspectors do not interfere with the effective discharge of their primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129.

Article 5 of Convention No. 81 and Article 13 of Convention No. 129. Cooperation and collaboration. With reference to its previous comments on the exchange of information and improved institutional collaboration, the Committee notes the Government’s indication that, in 2016, the Ministry of Labour, Employment and Social Welfare (MTEPS) held coordination meetings with the Government Agency for Electronics and Information and Communication Technologies (AGETIC), which is a unit within the Office of the President, with the aim of signing an inter-institutional cooperation agreement to optimize the management of information on the registration of enterprises and provide the population with access to services in a simple manner. The Committee requests the Government to pursue its efforts to promote: (a) effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities; and (b) collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee requests the Government to continue to provide information on the progress made in this regard.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration of technical experts and specialists. With reference to its previous comments on the involvement of specialized technicians and experts in inspections, the Committee notes the Government’s indication that: (a) inspectors are specialized staff who have the required profile and who receive continuous training from the MTEPS; (b) inspectors work under the specialized supervision of the General Directorate of Labour and Occupational Safety and Health and other institutions in the occupational safety, health and welfare system; (c) inspections are carried out in collaboration with various institutions when their presence is required (section 7 of the Labour Inspection Regulations); and (d) inspectors request studies which may be carried out by the National Institute of Occupational Safety (INSO). With regard to collaboration with other institutions, the Government indicates that the preliminary draft of the new Regulations provides for the possibility to collaborate with other competent public institutions, including: public bodies responsible for managing social security; the Offices of Defenders of Children and Young Persons; municipal authorities and services; INSO; the General Directorate of Migration; the General Directorate for the Prevention of Human Smuggling and Trafficking; the National Agricultural Health and Food Safety Service (SENASAG); and the Bolivian police, among others. The Committee requests the Government to continue to provide information on the updating of the Inspection Regulations to guarantee the collaboration of duly qualified technical experts and specialists to ensure compliance with the legal provisions on the protection of the safety and health of workers while engaged in their work, and investigate the effects of the procedures employed, the materials used and working methods on the safety and health of workers, in accordance with Article 9 of Convention No. 81.

Article 10 of Convention No. 81 and Article 14 of Convention No. 129. Number of inspectors. In its previous comments, the Committee noted the observations of the International Organisation of Employers (IOE) and the Confederation of Private Employers of Bolivia (CEPB) on the insufficient number of inspectors. The Committee notes the Government’s indication that, in May 2016, the staff of the MTEPS consisted of 107 inspectors (including: nine departmental labour chiefs; 16 regional labour chiefs; and three inspection officials in La Paz, Cochabamba and Santa Cruz). The Committee notes that the total number of labour inspectors, which amounted to 86 in 2015, increased by 21 in 2016. The Committee requests the Government to indicate whether it intends to continue to increase the number of inspectors, with the aim of securing the effective discharge of the duties of the inspection services.

Article 11(1)(a) of Convention No. 81 and Article 15(1)(a) of Convention No. 129. Material resources. With reference to its previous comments on the material resources of the labour inspectorate, the Committee notes the Government’s indication that it recently funded the purchase of new equipment. A project has also been launched to give inspectors mobile cellular devices with an application enabling them to complete inspection forms online. This would allow data to be collected instantly and in real time, thus expediting procedures and reducing the workload involved in the preparation of reports. The Committee requests the Government to continue to provide information on the material resources available to the inspectorate, and particularly whether inspectors have properly equipped offices.

Article 11(1)(b) and (2) of Convention No. 81 and Article 15(1)(b) and (2) of Convention No. 129. Reimbursement of travel expenses. With reference to its previous comments on the reimbursement of travel expenses, the Committee notes with interest the Government’s indication that, in 2015, the MTEPS adopted, through Ministerial Resolution No. 714/2015, the new regulations on travel, and travel and representation expenses; with the aim of regulating the process for applying for, allocating, justifying and reimbursing travel expenses; and travel and representation expenses for journeys made within and/or outside the country by dependent public servants, occasional staff and consultants.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate penalties. With reference to its previous comments on an analysis of the situation regarding penalties, the Committee notes the Government’s indication that the judicial authority determines the fine to be paid by employers to the account of the MTEPS, in accordance with sections 222–240 of the Code of Labour Procedure. The Government adds that, in the event of failure to provide the documentation requested during a labour inspection (payroll and industrial accident records), a recommendation for a fine is issued based on the scale approved by Ministerial Resolution No. 855/2014. The Government indicates that, in 2015, 560 complaints were referred to the courts. With regard to its previous comments on the application of adequate penalties for cases in which labour inspectors have been prevented from discharging their duties, the Committee notes that sections 12 and 13 of the Labour Inspection Regulations establish the measures that inspectors may take in the event of obstruction of their work, and provide for the possibility of lodging a complaint with the competent authority. The Committee requests the Government to provide information on the number of complaints filed with the competent authority concerning the obstruction of labour inspection duties, and the penalties effectively applied in these cases and in cases of violation of legal provisions enforceable by labour inspectors, in accordance with Article 18 of Convention No. 81 and Article 24 of Convention No. 129.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Periodic reports, publication and communication of an annual report on the activities of the labour inspectorate. In its previous comment, the Committee requested the Government to adopt measures to give effect to Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. The Committee notes the Government’s indication that the information on management data is disseminated through the public reporting of accounts. The Committee notes that the Government provides information on: the legislation relating to the duties of the labour inspection services; the staff of the labour inspection service (107 inspectors in 2016 and 86 in 2015); statistics on labour inspections (1,215 in 2015, 1,429 in 2014 and 1,299 in 2013, and technical inspections: 529 in 2015, 803 in 2014 and 443 in 2013), (Article 21(a), (b) and (d) of Convention No. 81 and Article 27(a), (b) and (d) of Convention No. 129). However, the Government does not provide statistics of the violations detected and the penalties imposed, and only provides statistics of industrial accidents and occupational diseases that cover the Departmental Labour Office for La Paz (Article 21(e), (f) and (g) of Convention No. 81 and Article 27(e), (f) and (g) of Convention No. 129). The Committee also notes that, while the Government provides information on the Mandatory Employer Registry, it does not provide any statistical information on the workplaces liable to inspection and the number of workers employed in such workplaces (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129). The Committee requests the Government to make every effort to ensure the publication of the information referred to in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129 in the annual report on the activities of the labour inspection services, and the submission of the report to the ILO each year, in accordance with Articles 20 and 26 of Conventions Nos 81 and 129 respectively.

Issues specifically concerning labour inspection in agriculture

Article 17 of Convention No. 129. Preventive control. The Committee once again requests the Government to provide information on the association of the labour inspection services in agriculture in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in accordance with Article 17 of Convention No. 129.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee refers the Government to its observation, and wishes in addition to raise the following matters.

Legislation. The Committee notes that according to the Government, a General Labour Bill is in the process of being drafted. The Committee requests the Government to keep the Office informed of any developments in this regard and to provide a copy of the Bill as soon as it is adopted.

Articles 3(1) and 10 of the Convention. Main duties of labour inspectors and numbers of the inspectorate staff. With reference to its previous comments, the Committee notes the information to the effect that the geographical distribution of labour inspectors is based on the population density of each department. It also notes that 57 of them are responsible, interchangeably and according to needs, for supervising application of the legislation on general conditions of work and monitoring occupational safety and health, and that the same 57 inspectors are in charge of inspection visits. It also notes that, according to the information in the table showing the distribution of labour inspection staff, included in the Government’s report, the inspection services have a total of 86 chief inspectors and labour inspectors, whereas in the previous report the Government gave the figure of 92 chief inspectors and labour inspectors. The Committee would be grateful if the Government would provide details of the duties performed by the other chief inspectors and labour inspectors. The Committee also asks the Government to specify whether the number of serving labour inspectors has fallen.

Articles 5(a) and 9. Institutional cooperation and association of experts and specialists in inspection work. In its previous comments, the Committee drew the Government’s attention to the possibility of considering the potential that could be harnessed from effective cooperation between the labour inspection services and other government services and private institutions engaged in similar activities, in order to benefit from technical support from specialists in medicine, engineering, electricity and chemistry, to support labour inspectors in the performance of their duties. The Government indicates that it is benefiting from cooperation and support from the Spanish Cooperation Agency (AECID) and 3M International, and also from the national health fund and the public water and sewerage company. Furthermore, under the project to improve the labour inspection system, the AECID has provided measuring instruments and equipment. The Committee would be grateful if the Government would provide details of the arrangements for cooperation with the National Health Fund and the Public Water and Sewerage Company, inter alia. It asks the Government in particular to indicate whether technical experts and specialists from these institutions take part in inspection visits, and to provide copies of any documents relating to such cooperation.

Articles 6, 7 and 11(1)(b) and (2). Remuneration of inspectors; matching resources to needs in training of labour inspectors, transport facilities and reimbursement of travel expenses incurred by labour inspectors in performing their duties. The Government indicates that labour inspectors are public officials who are appointed by competition on the basis of an examination of qualifications, and are governed by Act No. 2027 of 27 October 1999 (as amended by Act No. 2104 of 21 June 2000) issuing the Public Service Regulations, Supreme Decree No. 26115 of 16 March 2001, on the basic rules of the staff administration system and Resolution No. 346 of 28 November 1987, issued by the Ministry, approving the labour inspection regulations.

The Government also states that a workshop on general conditions of work and occupational safety and health was organized in 2011 for labour inspectors, and that two further training courses are to be organized for 2012 and the number of training courses is to be increased in order to keep the skills of labour inspectors up to date. The Committee requests the Government to provide information on the content, type and length of the courses and the number of inspectors taking part (indicating their geographical distribution) and on any training organized during the period covered by the Government’s next report, and to give an appreciation of how far these activities meet the Convention’s objectives. It would also be grateful if the Government would keep the Office informed of any other measures taken to meet inspectors’ needs for further training on an ongoing basis. The Committee also asks the Government once again to continue to provide information on the aim, scope and duration of the cooperation agreements concluded with Argentina and Brazil, referred to in the Government’s last report, and on how they affect the performance of inspection duties.

Noting that the Government has sent no information on this point, the Committee again asks it to provide details of labour inspectors’ current wages and allowances as compared to those of other officials performing similar duties in other institutions.

The Committee takes note of the regulation on travel allowances and transport facilities approved by Resolution No. 426/10 of 2 June 2010. It notes that, according to the Government, labour inspectors serving in La Paz use the vehicles of the Ministry of Labour, Employment and Social Welfare for duty travel, and those serving elsewhere use public transport. Travel costs are repaid to labour inspectors upon completion of the “petty cash payment form”, approved by Ministry Resolution No. 862/10 of 2 September 2010. The Committee requests the Government to describe the procedure for refunding the amounts spent by labour inspectors on duty travel, and to provide a copy of abovementioned Resolution No. 862/10.

Article 12(1)(a), (b), and (c)(i) and (2). Notification of the presence of an inspector on the occasion of an inspection visit. The Committee notes that under section 25(4) of the General Occupational Safety, Health and Well-being Act, the Ministry of Labour’s inspection corps is responsible for conducting inspections with the participation of representatives of employers and trade unions. It also notes that, according to the Government, in the case of visits concerning occupational safety and health, labour inspectors are required to notify their presence to the employer in accordance with the legislation in force. The Committee reminds the Government that, according to Article 12(1)(c) of the Convention, labour inspectors must be empowered to carry out inquiries either alone, or in the presence of witnesses and that, according to Article 12(2), on the occasion of an inspection visit, inspectors shall notify the employer or his representative if they deem this advisable. The Committee therefore asks the Government to take the necessary steps to have the legislation amended so as to align it with the Convention on these points, and to inform the Office of any progress made in this regard.

Articles 13 and 14. Preventive functions of labour inspection. Monitoring of safety and health at work and notification to the labour inspectorate of occupational accidents and instances of occupational disease. In its previous comments, the Committee noted with concern the large number of industrial accidents that occurred between 2009 and 2011 and that the highest rates of occupational accidents and diseases were restricted in the departments of La Paz, Oruro, Santa Cruz and Potosi. It asked the Government to provide statistical information on labour inspection activities covering the health and safety of workers, including measures with immediate executory force ordered in the event of imminent danger to the health or safety of workers. The Committee notes that, according to the Government, 798 technical inspections and reinspections were conducted in 2011. The Committee would be grateful if the Government would provide figures pertaining to the labour inspectorate’s work in the area of occupational safety and health in the period covered by the Government’s next report, specifying the measures taken to eliminate any defects (Article 13(2)(a) and (b)), including measures with immediate executory force in the event of imminent danger to the health or safety of workers (Article 13(2)(b)). It also asks the Government to provide information on any measures taken to prevent the occurrence of industrial accidents and cases of occupational disease, particularly in the departments of La Paz, Oruro, Santa Cruz and Potosi, and to indicate the role entrusted to labour inspectors.

The Committee notes the standard form for notifying industrial accidents to be submitted by the employer to the General Directorate of Occupational Safety, Health and Well-being and the appropriate Social Security Fund within 24 working hours of the occurrence. The Committee would be grateful if the Government would also provide a copy of the standard form for notifying cases of occupational diseases, referred to by the Government in its report, and to describe how information on occupational accidents and cases of occupational diseases are brought to the attention of the labour inspectorate, in accordance with Article 14 of the Convention.

Article 16. Inspection visits. With reference to its previous comments, the Committee notes the information supplied in the Government’s report that a total of 176 cases, observed in the course of 2,164 inspection visits and 798 technical inspections and reinspections conducted in the course of 2011, were notified to the judicial authority with a recommendation to impose a fine. The Committee requests the Government to provide detailed information on the number of inspections conducted during the period covered by its next report, indicating the sector of the economy concerned, the type of visit (scheduled or in response to a complaint), the infringements detected (indicating the provisions breached) and the measures taken or recommended.

[The Committee hopes that the Government will make every effort to take the necessary action in the near future.]

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee takes note of the observations produced jointly by the International Organisation of Employers (IOE) and the Confederation of Private Employers of Bolivia (CEPB), received on 31 August 2015.

The Committee observes that some of the questions raised by the two organizations are related to issues that it has addressed in its previous comments. The IOE and the CEPB assert that: (i) the inspection service lacks efficiency, since inspectors fail in their obligation to provide information and advice to employers and workers; (ii) there is no recruitment system that ensures job stability for inspectors and job tenure depends on changes in the staff holding the highest level posts in the Ministry of Labour, Employment and Social Welfare (MLESW); (iii) there is no involvement of experts and technical specialists; (iv) the number of labour inspectors is well below what is needed to cover the number of workplaces that should be inspected and the number of workers employed in them; and (v) labour inspectors’ offices show major deficiencies. The IOE and the CEPB also indicate that they know neither the recruitment requirements for inspectors, nor the introduction and training process that inspectors undergo on taking up their duties. The Committee requests the Government to send its comments on these matters.

The Committee further observes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Recommendations made under the FORSAT–ILO multilateral technical cooperation project. In its previous comments the Committee noted that the most noteworthy contributions of this project (which lasted until April 2007) as far as labour inspection was concerned, were the proposals relating to: the updating of the Labour Inspection Regulations; the separation of labour inspection functions from those of conciliation and mediation; reports on inspection work; periodical inspection summaries; inspection records and inspection orders; work stoppage orders; notification of violations and proposed penalties; and an analysis of the situation regarding penalties. The project also included proposals for improving the MLESW’s business register, the exchange of information and cooperation between institutions. The Committee expressed the hope that the Government would be in a position to report measures implemented to define a legal and structural framework, as well as working methods and procedures with a view to developing an effective inspection system. However, it notes the Government’s statement that since the end of the project, there has been no progress in this regard. The Committee requests the Government to indicate the measures taken to follow-up the recommendations made in the context of the abovementioned project, and to provide information on any measures taken or envisaged to define a legal and structural framework and determine working methods and procedures with a view to developing an effective inspection service.

Articles 19, 20 and 21 of the Convention. Periodical reports and publication and communication of an annual report on the work of the inspection services. In its previous comments the Committee noted that the regional and departmental authorities have to prepare monthly reports that are submitted to the General Directorate of Labour and Occupational Health and Safety, but that, up to the present, no annual report had been published because data collection and registration are done manually, making it difficult to process the information in a timely manner. The Committee notes that in the context of the “Bolhispania” cooperation agreement to improve the inspection system, concluded by the Spanish International Cooperation for Development Agency (AECID) and the MLESW, Employment and Social Welfare, the latter’s departmental offices were provided with several computers, printers and other electronic equipment in 2009. The Committee hopes that the Government will dedicate this equipment for the use in recording and processing the data needed to prepare the annual inspection report. It requests the Government to provide information on any progress made in the publication and communication to the ILO of an annual report on the work of the inspection services within the time limits and in the form prescribed by Articles 20 and 21 of the Convention and, in particular, on the results of the formalities undertaken to obtain technical assistance from the Office with a view to implementing and designing an electronic system for labour inspection activities, in accordance with the wish expressed by the Government.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee refers the Government to its observation, and wishes in addition to raise the following matters.

Legislation. The Committee notes that according to the Government, a General Labour Bill is in the process of being drafted. It requests the Government to keep the Office informed of any developments in this regard and to provide a copy of the new Act as soon as it is adopted.

Articles 3 and 4 of the Convention. Central authority responsible for the supervision and control of labour inspection. The Government states that no texts affecting the structure or functions of the labour inspection system have been adopted pursuant to Supreme Decree No. 29894 of 7 February 2009 on the organizational structure of the Executive Branch.

Articles 3(1) and 10. Main duties of labour inspectors and numbers of the inspectorate staff. With reference to its previous comments, the Committee notes the information to the effect that the geographical distribution of labour inspectors is based on the population density of each department. It also notes that 57 of them are responsible, interchangeably and according to needs, for supervising application of the legislation on general conditions of work and monitoring occupational safety and health, and that the same 57 inspectors are in charge of inspection visits. It also notes that, according to the information in the table showing the distribution of labour inspection staff, included in the Government’s report, the inspection services have a total of 86 chief inspectors and labour inspectors, whereas in the previous report the Government gave the figure of 92 chief inspectors and labour inspectors. The Committee would be grateful if the Government would provide details of the duties performed by the other chief inspectors and labour inspectors. The Committee also asks the Government to specify whether the number of serving labour inspectors has fallen.

Articles 5(a) and 9. Institutional cooperation and association of experts and specialists in inspection work. In its previous comments the Committee drew the Government’s attention to the possibility of considering the potential that could be harnessed from effective cooperation between the labour inspection services and other government services and private institutions engaged in similar activities in order to benefit from technical support from specialists in medicine, engineering, electricity and chemistry, to support labour inspectors in the performance of their duties. The Government indicates that it is benefiting from cooperation and support from the Spanish Cooperation Agency (AECID) and 3M International, and also from the National Health Fund and the Public Water and Sewerage Company. Furthermore, under the project to improve the labour inspection system, the AECID has provided measuring instruments and equipment. The Committee would be grateful if the Government would provide details of the arrangements for cooperation with the National Health Fund and the Public Water and Sewerage Company, inter alia. It asks the Government in particular to indicate whether technical experts and specialists from these institutions take part in inspection visits, and to provide copies of any documents relating to such cooperation.

Articles 6, 7 and 11(1)(b) and (2). Remuneration of inspectors; matching resources to needs in training of labour inspectors, transport facilities and reimbursement of travel expenses incurred by labour inspectors in performing their duties. The Government indicates that labour inspectors are public officials who are appointed by competition on the basis of an examination of qualifications, and are governed by Act No. 2027 of 27 October 1999 (as amended by Act No. 2104 of 21 June 2000) issuing the Public Service Regulations, Supreme Decree No. 26115 of 16 March 2001, on the basic rules of the staff administration system and Resolution No. 346 of 28 November 1987, issued by the Ministry, approving the labour inspection regulations.

The Government also states that a workshop on general conditions of work and occupational safety and health was organized in 2011 for labour inspectors, and that two further training courses are to be organized for 2012 and the number of training courses is to be increased in order to keep the skills of labour inspectors up to date. The Committee requests the Government to provide information on the content, type and length of the courses and the number of inspectors taking part (indicating their geographical distribution) and on any training organized during the period covered by the Government’s next report, and to give an appreciation of how far these activities meet the Convention’s objectives. It would also be grateful if the Government would keep the Office informed of any other measures taken to meet inspectors’ needs for further training on an ongoing basis. The Committee also asks the Government once again to continue to provide information on the aim, scope and duration of the cooperation agreements concluded with Argentina and Brazil, referred to in the Government’s last report, and on how they affect the performance of inspection duties.

Noting that the Government has sent no information on this point, the Committee again asks it to provide details of labour inspectors’ current wages and allowances as compared to those of other officials performing similar duties in other institutions.

The Committee takes note of the regulation on travel allowances and transport facilities approved by Resolution No. 426/10 of 2 June. It notes that, according to the Government, labour inspectors serving in La Paz use the vehicles of the Ministry of Labour, Employment and Social Welfare for duty travel, and those serving elsewhere use public transport. Travel costs are repaid to labour inspectors upon completion of the “petty cash payment form”, approved by Ministry Resolution No. 862/10 of 2 September 2010. The Committee requests the Government to describe the procedure for refunding the amounts spent by labour inspectors on duty travel, and to provide a copy of abovementioned Resolution No. 862/10.

Article 12(1)(a), (b), and (c)(i) and (2). Notification of the presence of an inspector on the occasion of an inspection visit. The Committee notes that under section 25(4) of the General Occupational Safety, Health and Well-being Act, the Ministry of Labour’s inspection corps is responsible for conducting inspections with the participation of representatives of employers and trade unions. It also notes that, according to the Government, in the case of visits concerning occupational safety and health, labour inspectors are required to notify their presence to the employer in accordance with the legislation in force. The Committee reminds the Government that, according to Article 12(1)(c) of the Convention, labour inspectors must be empowered to carry out inquiries either alone, or in the presence of witnesses and that, according to Article 12(2), on the occasion of an inspection visit, inspectors shall notify the employer or his representative if they deem this advisable. The Committee therefore asks the Government to take the necessary steps to have the legislation amended so as to align it with the Convention on these points, and to inform the Office of any progress made in this regard.

Articles 13 and 14. Preventive functions of labour inspection. Monitoring of safety and health at work and notification to the labour inspectorate of occupational accidents and instances of occupational disease. In its previous comments the Committee noted with concern the large number of industrial accidents that occurred between 2009 and 2011 and that the highest rates of occupational accidents and diseases were restricted in the departments of La Paz, Oruro, Santa Cruz and Potosi. It asked the Government to provide statistical information on labour inspection activities covering the health and safety of workers, including measures with immediate executory force ordered in the event of imminent danger to the health or safety of workers. The Committee notes that, according to the Government, 798 technical inspections and reinspections were conducted in 2011. The Committee would be grateful if the Government would provide figures pertaining to the labour inspectorate’s work in the area of occupational safety and health in the period covered by the Government’s next report, specifying the measures taken to eliminate any defects (Article 13(2)(a) and (b)), including measures with immediate executory force in the event of imminent danger to the health or safety of workers (Article 13(2)(b)). It also asks the Government to provide information on any measures taken to prevent the occurrence of industrial accidents and cases of occupational disease, particularly in the departments of La Paz, Oruro, Santa Cruz and Potosi, and to indicate the role entrusted to labour inspectors.

The Committee notes the standard form for notifying industrial accidents to be submitted by the employer to the General Directorate of Occupational Safety, Health and Well-being and the appropriate Social Security Fund within 24 working hours of the occurrence. It would be grateful if the Government would also provide a copy of the standard form for notifying cases of occupational diseases, referred to by the Government in its report, and to describe how information on occupational accidents and cases of occupational disease are brought to the attention of the labour inspectorate, in accordance with Article 14 of the Convention.

Article 16. Inspection visits. With reference to its previous comments, the Committee notes the information supplied in the Government’s report that a total of 176 cases, observed in the course of 2,164 inspection visits and 798 technical inspections and reinspections conducted in the course of 2011, were notified to the judicial authority with a recommendation to impose a fine. The Committee requests the Government to provide detailed information on the number of inspections conducted during the period covered by its next report, indicating the sector of the economy concerned, the type of visit (scheduled or in response to a complaint), the infringements detected (indicating the provisions breached) and the measures taken or recommended.

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

Recommendations made under the FORSAT–ILO multilateral technical cooperation project. In its previous comments the Committee noted that the most noteworthy contributions of this project (which lasted until April 2007) as far as labour inspection was concerned, were the proposals relating to: the updating of the Labour Inspection Regulations; the separation of labour inspection functions from those of conciliation and mediation; reports on inspection work; periodical inspection summaries; inspection records and inspection orders; work stoppage orders; notification of violations and proposed penalties; and an analysis of the situation regarding penalties. The project also included proposals for improving the Ministry of Labour’s business register, the exchange of information and cooperation between institutions. The Committee expressed the hope that the Government would be in a position to report measures implemented to define a legal and structural framework, as well as working methods and procedures with a view to developing an effective inspection system. However, it notes the Government’s statement that since the end of the project, there has been no progress in this regard. The Committee requests the Government to indicate the measures taken to follow-up the recommendations made in the context of the abovementioned project, and to provide information on any measures taken or envisaged to define a legal and structural framework and determine working methods and procedures with a view to developing an effective inspection service.

Articles 19, 20 and 21 of the Convention. Periodical reports and publication and communication of an annual report on the work of the inspection services. In its previous comments the Committee noted that the regional and departmental authorities have to prepare monthly reports that are submitted to the General Directorate of Labour and Occupational Health and Safety, but that, up to the present, no annual report had been published because data collection and registration are done manually, making it difficult to process the information in a timely manner. The Committee notes with interest that in the context of the “Bolhispania” cooperation agreement to improve the inspection system, concluded by the Spanish International Cooperation for Development Agency (AECID) and the Ministry of Labour, Employment and Social Welfare, the latter’s departmental offices were provided with several computers, printers and other electronic equipment in 2009. The Committee hopes that the Government will dedicate this equipment for the use in recording and processing the data needed to prepare the annual inspection report. It requests the Government to provide information on any progress made in the publication and communication to the ILO of an annual report on the work of the inspection services within the time limits and in the form prescribed by Articles 20 and 21 of the Convention and, in particular, on the results of the formalities undertaken to obtain technical assistance from the Office with a view to implementing and designing an electronic system for labour inspection activities, in accordance with the wish expressed by the Government.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Legislation. According to the information available to the Office, a new draft general labour act is being prepared. The Committee hopes that the Government will provide all available information on the progress made in adopting such a reform and, if applicable, a copy of the new act as soon as it is adopted.

Articles 3 and 4 of the Convention. Central authority responsible for the supervision and control of labour inspection. The Committee notes that section 87 of Supreme Decree No. 29894 of 7 February 2009 on the organizational structure of the Executive Branch reorganizes the Ministry of Labour, Employment and Social Security and provides that the responsibilities of the Vice-Ministry of Labour and Social Security (which encompasses among others the General Directorate of Labour and Occupational Safety and Health) include enforcing labour and social standards in the context of decent work (paragraph (a)) and ensuring compliance with the standards, applicable legal provisions and international Conventions on labour matters (paragraph (m)). The Committee requests the Government to provide a copy of any legal text that may be adopted in the future pursuant to the abovementioned decree that may affect the structure or functions of the labour inspectorate.

Articles 5(a) and 9. Institutional cooperation and collaboration between technical experts and specialists in the labour inspection services. The Committee notes that the General Directorate of Labour and Occupational Safety and Health has an industrial safety specialist and a specialist in labour matters. Noting that the Government has expressed the need to have the technical support of specialists in medicine, engineering, electricity and chemistry to accompany labour inspectors in carrying out their duties, the Committee draws the Government’s attention to the possibility of considering the potential that could be harnessed in this regard from effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities. The Committee requests the Government to provide information in its next report on any measures adopted with a view to ensuring collaboration between such specialists and the labour inspection services.

Articles 6, 7 and 11(1)(b) and (2). Remuneration of labour inspectors, provision of resources to meet the training needs of labour inspectors, transport facilities and reimbursements to labour inspectors of any travel expenses incurred during the performance of their duties. According to the Government, labour inspectors receive periodic training on various issues, with the support of organizations such as the ILO, the United Nations Children’s Fund (UNICEF) and the Trade Union Institute for Development Cooperation. With a view to improving the training provided, the Government has concluded cooperation agreements with neighbouring countries such as Argentina and Brazil. The Government notes, however, that the constant rotation of staff and the budgetary restrictions faced by the ministry make it difficult to train labour inspectors. The Committee requests the Government to provide information on the recruitment procedures and the legal status of labour inspectors. The Committee also requests the Government to provide information on the abovementioned cooperation agreements and the impact of those agreements on training and the effective performance of labour inspection functions. Reminding the Government that the question of improving the training levels of labour inspectors has been the subject of comments since 1993 and drawing its attention to paragraph 187 of its 2006 General Survey on labour inspection, which highlights the importance of building on the initial training of labour inspectors with continuous supplementary training for the effective discharge of their duties, the Committee requests the Government to specify which measures have been adopted or are envisaged in order to provide the labour inspection system with the resources needed to meet the training needs of labour inspectors.

The Committee also refers to its 2003 comments in which it noted that, according to the Government, the terms and conditions of service of labour inspectors had not improved significantly, with their monthly wage being equivalent to around US$135 and that the procedure for the reimbursement of the expenses incurred for the purpose of their missions was applied on a case-by-case basis, was slow, was subject to the approval of the general directorate of the administration and did not have any legal basis. The Committee notes that according to the Government, although a statute on labour inspection staff has not yet been developed, labour inspectors are governed by the standards enshrined in the Constitution in Act No. 2027 of 27 October 1999, as amended, adopting the Public Servants’ Statute and the Labour Inspection Regulations. The Committee requests the Government to provide specific information on: (i) the salary and benefits currently received by labour inspectors, in comparison with those received by officials who perform the same or similar duties in other institutions; and (ii) the means of transport and/or the facilities available to labour inspectors for their official travel.

Furthermore, the Committee takes note of the final provision of the Regulations on subsistence allowances and travel costs, appended to the Government’s report on the Labour Inspection (Agriculture) Convention, 1969 (No. 129), according to which the regulations will enter into force following their approval by ministerial decision. The Committee requests the Government to provide a copy of the text of the relevant decision and a copy of the form used for the reimbursement of inspectors’ travel expenses.

Article 10. Labour inspection staff. The Committee takes note of the information that is contained in the table provided by the Government, according to which there are a total of 92 chief inspectors and labour inspectors, of which 17 are assigned to the Departmental Labour Office of La Paz and the remaining 75 are distributed among nine departmental labour offices and 16 regional labour offices, several of which have only one such official. The Committee requests the Government to: (i) indicate the criteria used for the geographical distribution of inspection staff in relation to the number and distribution of establishments subject to inspection and the number of workers employed in those establishments; (ii) specify the number of labour inspectors responsible for the application of standards relating to general conditions of work and inspectors responsible for occupational safety and health; and (iii) clarify which officials are responsible for carrying out inspections visits.

Article 16. Inspection visits. The Committee notes that, according to the figures provided by the Government, 2,258 inspections were carried out in 2009, of which 369 were technical labour inspections, and 3,176 inspections were carried out in 2010, of which 627 were technical labour inspections and 147 were follow-up technical labour inspections. The Committee requests the Government to send information on the outcomes of the inspection visits (violations detected, specifying the relevant provisions and the penalties imposed). The Committee also asks the Government to specify what percentage of visits are carried out in response to a complaint or a denunciation.

Article 12(1)(a), (b) and (c)(i) and (2). Notification of the presence of an inspector on the occasion of an inspection visit. The Committee notes that, in accordance with section 25(4) of the General Occupational Safety, Health and Welfare Act, the Ministry of Labour’s inspectorate has to carry out inspections with the participation of employer and worker representatives. It also notes that section 17 of the Labour Inspection Regulations empowers inspectors to refrain from notifying their presence in cases where they consider that such a notification may be prejudicial to their activities. The Committee requests the Government to specify whether, on the occasion of occupational safety and health visits, inspectors can effectively abstain from notifying their presence if they consider it appropriate.

Articles 13 and 14. Preventive functions of labour inspection. Monitoring of safety and health at work and notification to the labour inspectorate of occupational accidents and cases of occupational diseases. The Committee takes note with concern of the statistical information contained in the Labour Statistics Bulletins and in the extracts of those bulletins that were appended to the Government’s report, according to which the total number of occupational accidents increased from 6,690 in 2009 to 8,499 in 2010; for the first quarter of 2011, the figure was 2,143. The Committee notes that the highest rates of occupational accidents and occupational diseases occur in the departments of La Paz, Oruro, Santa Cruz and Potosí. In this regard, the Committee requests the Government to provide statistical information on labour inspection activities relating to the health and safety of the workers (Article 13(2)(a) and (b)), including measures with immediate executory force ordered in the event of imminent danger to the health or safety of workers (Article 13(2)(b)), and on any other measure adopted with a view to preventing the occurrence of further occupational accidents or the emergence of new cases of occupational diseases.

The Committee also requests the Government to describe the procedure for notifying occupational accidents and cases of occupational diseases and to provide information on the implementing texts adopted pursuant to section 6(25) of the Occupational Safety, Health and Welfare Act, with regard to the obligation to notify.

Article 15. Obligations of labour inspectors. The Committee requests the Government to indicate whether a code of ethics for labour inspection has been adopted pursuant to section 13 of the Public Servants’ Statute and, if so, to send a copy of that text to the ILO.

Manual of labour inspection procedures. The Committee hopes that the Government will provide information on the measures put in place for the preparation of this manual.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Multilateral technical cooperation project (FORSAT/ILO). The Committee takes note of the information provided by the Government on the FORSAT/ILO project to strengthen labour administration services which lasted until April 2007. It notes that, the most noteworthy contributions of this project as far as labour inspection is concerned, are the proposals relating to: the update of the Labour Inspection Regulations; the separation of labour inspection functions and conciliation and mediation functions; model forms, reports on inspection activities, periodic inspection summaries, summonses, inspection records and inspection orders; model work stoppage orders and notifications of violations and proposed penalties; and an analysis of the situation concerning penalties. The project also included proposals for improving the Ministry of Labour’s business register and information exchange and enhancing institutional collaboration. The Committee requests the Government to indicate the measures taken or envisaged to ensure the follow-up to the proposals that emerged during the development of the FORSAT/ILO project.

Articles 19, 20 and 21 of the Convention. Periodical reports and publication and communication of an annual report on the work of the inspection services. The Committee notes with interest that the Labour Statistics Bulletins appended to the Government’s report under Labour Inspection (Agriculture) Convention, 1969 (No. 129) contain statistics on industrial accidents and cases of occupational diseases, disaggregated by department. The Government indicates that the regional and departmental authorities prepare monthly reports that are submitted to the General Directorate of Labour and Occupational Health and Safety, but that an annual report is not published as yet, owing to the fact that data collection and registration is done manually, which makes it difficult to process the information in a timely manner. The Committee requests the Government to communicate in its next report information on any progress made towards the publication and communication of an annual report within the time limits and in the form prescribed by Articles 20 and 21 of the Convention.

The Committee takes note of the Government’s wish to avail itself of the technical assistance of the Office for designing and implementing an electronic system for labour inspection activities and invites it to make a formal request to the Office in that regard.

Part V of the report form and article 23(2) of the ILO Constitution. The Committee once again observes that for years the Government has not been indicating in its reports the representative organizations of employers and workers to which copies of the reports have been communicated. The Committee draws the Government’s attention to the fact that this obligation to communicate is enshrined in article 23 of the ILO Constitution. It requests the Government to ensure that this information is included in future reports on the application of Convention No. 81.

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

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Further to the information available to the ILO according to which the multilateral regional technical cooperation project ILO/FORSAT, financed by the Ministry of Labour and Social Affairs of Spain, was to be launched with the objective of strengthening the labour administration, the Committee addressed an observation to the Government in 2004, repeated in 2006, 2007, 2008 and 2009, requesting it to provide information on the measures taken in the context of that project and on the results achieved, particularly in the area of labour inspection.

Despite the Committee’s repeated requests, the Government has stopped providing reports on the application of this Convention. The Committee notes with regret that, according to the Government’s indications in its report received on 1 August 2010, the project has never been launched and no relevant information could therefore be provided.

The Committee reminds the Government of its obligation under article 22 of the ILO Constitution to provide a report every two years on the measures taken to give effect to the Convention and of the fact that, in fulfilling this obligation, it could have reported the difficulties preventing the launch of the project and requested ILO support to overcome them. In any case, the suspension of this project did not prevent the Government from providing information on the application of the provisions of the Convention in both law and practice or from ensuring that an annual report on inspection activities is published and transmitted to the ILO in accordance with Articles 20 and 21 of the Convention. The Committee considers that this constitutes serious failure on the part of the Government to fulfil the commitments it made when ratifying the Convention and that it has therefore prevented the Committee from carrying out its duty to oversee its application. The Government is therefore urged to provide a detailed report containing replies to the questions raised under the Articles of the Convention in the report form relating to this Convention and to ensure that an annual report on inspection activities is published and transmitted to the ILO as soon as possible. If a report has not yet been prepared, the Committee requests it to refer to paragraphs 320 et seq. of its General Survey of 2006 on labour inspection, take all necessary measures as a matter of urgency to ensure that full effect is given to Articles 20 and 21 of the Convention and keep the ILO informed in that regard.

[The Government is asked to report in detail in 2011.]

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with concern that the Government’s report has not been received for the fourth time. It is therefore bound to renew its reiterated observation, which read as follows:

Further to its previous comments, and referring in particular to the information available to the ILO, the Committee notes the launching of the multilateral technical cooperation project ILO/FORSAT, financed by the Ministry of Labour and Social Affairs of Spain and covering other countries in the region, with the objective of strengthening labour administrations. It notes that labour inspection is one of the important components of the project and that cooperation and assistance activities should be undertaken for the definition of a legal and structural framework and the determination of working methods and procedures with a view to the development of an effective inspection system. The Government is requested to provide detailed information in its next report on any measure adopted in the context of this project and on the results achieved in relation to the objectives established, as well as in relation to the matters raised in the Committee’s comments of 2003.

Part V of the report form and article 23, paragraph 2, of the ILO Constitution. Recalling the obligation to communicate to the representative organizations of employers and workers, in accordance with this article of the Constitution, copies of the information and reports communicated, particularly under article 22 of the ILO Constitution, to the Director-General of the ILO, the Committee would be grateful if the Government would indicate the precise reasons which might provide an explanation for the failure to comply with these provisions in the case of the present Convention.

The Committee urges the Government to make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee once again notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation on the following points:

Further to its previous comments, and referring in particular to the information available to the ILO, the Committee notes the launching of the multilateral technical cooperation project ILO/FORSAT, financed by the Ministry of Labour and Social Affairs of Spain and covering other countries in the region, with the objective of strengthening labour administrations. It notes that labour inspection is one of the important components of the project and that cooperation and assistance activities should be undertaken for the definition of a legal and structural framework and the determination of working methods and procedures with a view to the development of an effective inspection system. The Government is requested to provide detailed information in its next report on any measure adopted in the context of this project and on the results achieved in relation to the objectives established, as well as in relation to the matters raised in the Committee’s comments of 2003.

Part V of the report form and article 23, paragraph 2, of the ILO Constitution. Recalling the obligation to communicate to the representative organizations of employers and workers, in accordance with this article of the Constitution, copies of the information and reports communicated, particularly under article 22 of the ILO Constitution, to the Director-General of the ILO, the Committee would be grateful if the Government would indicate the precise reasons which might provide an explanation for the failure to comply with these provisions in the case of the present Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Further to its previous comments, and referring in particular to the information available to the ILO, the Committee notes with interest the launching of the multilateral technical cooperation project ILO/FORSAT, financed by the Ministry of Labour and Social Affairs of Spain and covering other countries in the region, with the objective of strengthening labour administrations. It notes that labour inspection is one of the important components of the project and that cooperation and assistance activities should be undertaken for the definition of a legal and structural framework and the determination of working methods and procedures with a view to the development of an effective inspection system. The Government is requested to provide detailed information in its next report on any measure adopted in the context of this project and on the results achieved in relation to the objectives established, as well as in relation to the matters raised in the Committee’s previous comments.

Part V of the report form and article 23, paragraph 2, of the ILO Constitution. Recalling the obligation to communicate to the representative organizations of employers and workers, in accordance with this article of the Constitution, copies of the information and reports communicated, particularly under article 22 of the ILO Constitution, to the Director-General of the ILO, the Committee would be grateful if the Government would indicate the precise reasons which might provide an explanation for the failure to comply with these provisions in the case of the present Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Further to its previous comments, and referring in particular to the information available to the ILO, the Committee notes with interest the launching of the multilateral technical cooperation project ILO/FORSAT, financed by the Ministry of Labour and Social Affairs of Spain and covering other countries in the region, with the objective of strengthening labour administrations. It notes that labour inspection is one of the important components of the project and that cooperation and assistance activities should be undertaken for the definition of a legal and structural framework and the determination of working methods and procedures with a view to the development of an effective inspection system. The Government is requested to provide detailed information in its next report on any measure adopted in the context of this project and on the results achieved in relation to the objectives established, as well as in relation to the matters raised in the Committee’s previous comments.

Part V of the report form and article 23, paragraph 2, of the ILO Constitution. Recalling the obligation to communicate to the representative organizations of employers and workers, in accordance with this article of the Constitution, copies of the information and reports communicated, particularly under article 22 of the ILO Constitution, to the Director-General of the ILO, the Committee would be grateful if the Government would indicate the precise reasons which might provide an explanation for the failure to comply with these provisions in the case of the present Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Further to its previous comments, and referring in particular to the information available to the ILO, the Committee notes with interest the launching of the multilateral technical cooperation project ILO/FORSAT, financed by the Ministry of Labour and Social Affairs of Spain and covering other countries in the region, with the objective of strengthening labour administrations. It notes that labour inspection is one of the important components of the project and that cooperation and assistance activities should be undertaken for the definition of a legal and structural framework and the determination of working methods and procedures with a view to the development of an effective inspection system. The Government is requested to provide detailed information in its next report on any measure adopted in the context of this project and on the results achieved in relation to the objectives established, as well as in relation to the matters raised in the Committee’s previous comments.

Part V of the report form and article 23, paragraph 2, of the ILO Constitution. Recalling the obligation to communicate to the representative organizations of employers and workers, in accordance with this article of the Constitution, copies of the information and reports communicated, particularly under article 22 of the ILO Constitution, to the Director-General of the ILO, the Committee would be grateful if the Government would indicate the precise reasons which might provide an explanation for the failure to comply with these provisions in the case of the present Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

With reference also to its observation, and noting the new denomination of the ministry responsible for labour, the Committee would be grateful if the Government would indicate any change which may affect the structure, organization and operation of the labour inspection system and provide any relevant text, as appropriate. Furthermore, the Government is requested to provide additional information on the following points.

Article 6 of the Convention. Amount of the minimum wage (SMIC) and comparative table of the respective levels of remuneration of labour inspectors by category and grade and of other public servants or assimilated categories discharging similar functions.

Article 10. Copy of the agreements concluded with the Higher University of San Andrés which, according to the Government, have been in force since April 2002, respecting the recruitment for short periods in the labour inspectorate of students who have completed their studies in law and social work.

Part V of the report form. Indication of the employers’ and workers’ organizations to which copies of the Government’s report are sent, in accordance with article 23, paragraph 2, of the Constitution of the ILO.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s partial replies to its previous comments, and the attached documents.

1. Fields covered by labour inspectors. According to the Government’s report, the 75 to 100 inspections carried out each month cover administrative matters. However, under the terms of section 26(1) of the General Act on occupational safety and health, labour inspectors should be responsible, in accordance with Article 3, paragraph 1(b), of the Convention, for supervising the application of the standards established under the above Act and other provisions relating to working conditions and environment. This function implies the discharge of technical missions with the appropriate powers. In this respect, the Committee notes that, under the above Act, labour inspectors are authorized, in accordance with Article 13, paragraph 2(b), to cause machines to be shut down and the activities of a workplace to be ceased partially or totally where working conditions give rise to an imminent danger to the life or health of the workers. The Government is therefore requested to ensure that measures are adopted rapidly so that labour inspectors discharge all the missions conferred upon them under the legislation respecting the working conditions and protection of workers, while ensuring that any further duties which may be entrusted to them are not such as to interfere with the effective discharge of their primary duties within the meaning of Article 3, paragraph 2, or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

2. Collaboration with employers and workers. The Committee notes that, according to the Government, labour inspectors may establish one or more joint occupational safety, health and welfare committees with responsibility, among other matters, for being informed of working conditions, the operation and maintenance of machinery, equipment and tools, personal protection and any other aspect related with occupational safety, health and welfare, and for collaborating in the implementation of the Act of 1979 on occupational safety, health and welfare and of the technical recommendations made by competent institutions. With reference to its comment made above on the administrative nature of inspections, the Committee would be grateful if the Government would provide further information on the distribution in practice of the respective areas of competence of inspectors and the above committees in the enforcement of legal provisions respecting occupational safety, health and welfare.

3. Qualification of inspectors. With reference to the announcement by the Government in a previous report of its intention to take measures to improve the level of legal training and the vocational qualifications of inspectors in the context of the technical assistance provided by the ILO Regional Office, the Committee requests it to indicate the action taken as a result of this project and any measure adopted or envisaged to provide inspectors with training for the effective discharge of their duties.

4. Remuneration of labour inspectors and reimbursement of their professional travel expenses. According to the Government, the terms and conditions of service of labour inspectors have not improved significantly, with their monthly wage being equivalent to around US$135. Furthermore, the procedure for the reimbursement of the expenses incurred for the purpose of their missions is applied on a case-by-case basis, is slow and is subject to the approval of the general directorate of the administration and does not have any legal basis. In the view of the Committee, inspectors should not be under the obligation to pay in advance the expenses required for the discharge of their duties, except in exceptional circumstances, and the reimbursement procedure should be simplified so that it does not infringe upon their purchasing power and their motivation. The Government is requested to take into account the eminently mobile nature of the function of labour inspection and as a consequence to take measures, in accordance with Article 11, paragraph 1(b), to furnish labour inspectors with the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist. It trusts that the Government will also ensure that the procedure for the reimbursement to inspectors of their professional travel expenses is determined by a legal text, that it is not such as to infringe upon their professional freedom of action, and that the resources allocated are determined on the basis of the needs of the inspection services and managed by the latter. The Government is requested to provide any relevant information.

5. Annual inspection report (Articles 20 and 21). The Committee notes with regret that, 30 years after the ratification of the Convention, no annual inspection report, as envisaged by these provisions of the Convention, has been transmitted to the ILO. Emphasizing once again the essential importance of the annual consolidation of information on the work of the labour inspection services, with the objective of improving their effectiveness and responding to needs arising out of socio-economic developments, the Committee reminds the Government of the possibility of having recourse to ILO technical assistance for this purpose and expresses the firm hope that it will soon be able to report on measures to this end.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee refers to its observation and notes that the name of the ministerial department responsible for the application of the Convention was changed a few years ago to Ministry of Labour and Micro-Enterprise. The Committee would be grateful if the Government would provide the organizational chart of the new Ministry and indicate what effects the structural changes resulting from its attributions regarding micro-enterprises have had on the operation of the labour inspection system.

The Committee would be grateful if the Government would state how effect is given to Article 8 of the Convention which provides that women are eligible for appointment to the inspection staff and that, where necessary, special duties may be assigned to men and women inspectors.

Noting that in its last report the Government did not indicate to which employers’ and workers’ organizations the report was communicated, the Committee recalls that such communication is an obligation under article 23, paragraph 2, of the ILO Constitution and asks the Government to supply information, as requested in Part VI of the report form for the Convention, on any particular circumstances which explain why the report was not communicated.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous observation, which has been repeated several times since the discussion in the Conference Committee in 1992 on the difficulties of applying the Convention, the Committee notes the reports sent by the Government in 1998 and 1999. Noting that the Government provides information in reply to earlier direct requests, the Committee emphasizes and reminds the Government that its comments were made in the form of observations published in its reports on the work of the 1995(bis), 1996 and 1997 sessions, and points out that the information supplied by the Government in its reports received in June 1998 and November 1999 do not answer those observations. The Committee must accordingly stress once again that specific and detailed information should be supplied on the following points.

Articles 5(b) and 7 of the Convention. In reply to the question about measures taken to promote collaboration between officials of the labour inspectorate and employees and workers or their organizations, the Government cites the provisions of the Health and Safety Act, 1979. The Committee points out that for one thing, the Act was already mentioned in earlier reports by the Government and, in the Committee’s view, is not sufficient to meet the obligation provided for in Article 5(b) and, for another, the excerpt from the Act attached to the 1999 report does not include the provisions relied on by the Government. The Committee recalls that, in the Government’s report for 1993, it was considered practical to establish tripartite commissions to promote effective collaboration between officials of the labour inspectorate and employers and workers or their organizations. However, the Government found that it was first necessary to raise the level of legal and vocational training of labour inspectors through a programme of technical assistance from the ILO Regional Office. The Committee would be grateful if the Government would provide a copy of the entire Act as now in force together with specific information on the practical aspects of its application. It asks the Government to give details of all measures taken to raise the level of competence of labour inspectors with a view to establishing tripartite commissions for collaboration in labour inspection.

Articles 11 and 16. Recalling the Government’s indication in an earlier report that the working conditions of labour inspectors had improved except in the area of urban transport, the Committee would be grateful if the Government would specify the nature of the improvements made for labour inspectors since 1989 and provide information on any measures taken or envisaged to provide them with the transport facilities they need in order to carry out inspection visits.

Article 10. The Committee notes that no information has been provided on the number, geographical distribution and categories of the labour inspectors covered by this Convention. The Committee considers that in the absence of any figures, it is impossible to ascertain whether the human resources are commensurate with the objectives of the Convention and asks the Government in its next report to provide the detailed information required by the report form on the Convention for each provision of this Article.

Articles 20 and 21. The Committee notes with regret that although the Government has for many years reiterated its commitment to taking appropriate steps to publish and transmit to the ILO an annual inspection report in accordance with these provisions of the Convention, no such report has been received. Also noting that no measures appear to have been taken to ensure that such reports are produced, the Committee reminds the Government that such reporting is an obligation that derives from ratification of the Convention and that technical assistance from the ILO may be sought for the purpose. It would be grateful if the Government would do its utmost as soon as possible to give effect to the relevant provisions of the Convention and to transmit any relevant information to the ILO.

The Committee is addressing a request on other points directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee refers to its observation and notes that the name of the ministerial department responsible for the application of the Convention was changed a few years ago to Ministry of Labour and Micro-Enterprise. The Committee would be grateful if the Government would provide the organizational chart of the new Ministry and indicate what effects the structural changes resulting from its attributions regarding micro-enterprises have had on the operation of the labour inspection system.

The Committee would be grateful if the Government would state how effect is given to Article 8 of the Convention which provides that women are eligible for appointment to the inspection staff and that, where necessary, special duties may be assigned to men and women inspectors.

Noting that in its last report the Government did not indicate to which employers’ and workers’ organizations the report was communicated, the Committee recalls that such communication is an obligation under article 23, paragraph 2, of the ILO Constitution and asks the Government to supply information, as requested in Part VI of the report form for the Convention, on any particular circumstances which explain why the report was not communicated.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

With reference to its previous observation, which has been repeated several times since the discussion in the Conference Committee in 1992 on the difficulties of applying the Convention, the Committee notes the reports sent by the Government in 1998 and 1999. Noting that the Government provides information in reply to earlier direct requests, the Committee emphasizes and reminds the Government that its comments were made in the form of observations published in its reports on the work of the 1995(bis), 1996 and 1997 sessions, and points out that the information supplied by the Government in its reports received in June 1998 and November 1999 do not answer those observations. The Committee must accordingly stress once again that specific and detailed information should be supplied on the following points.

Articles 5(b) and 7 of the Convention.  In reply to the question about measures taken to promote collaboration between officials of the labour inspectorate and employees and workers or their organizations, the Government cites the provisions of the Health and Safety Act, 1979. The Committee points out that for one thing, the Act was already mentioned in earlier reports by the Government and, in the Committee’s view, is not sufficient to meet the obligation provided for in Article 5(b) and, for another, the excerpt from the Act attached to the 1999 report does not include the provisions relied on by the Government. The Committee recalls that, in the Government’s report for 1993, it was considered practical to establish tripartite commissions to promote effective collaboration between officials of the labour inspectorate and employers and workers or their organizations. However, the Government found that it was first necessary to raise the level of legal and vocational training of labour inspectors through a programme of technical assistance from the ILO Regional Office. The Committee would be grateful if the Government would provide a copy of the entire Act as now in force together with specific information on the practical aspects of its application. It asks the Government to give details of all measures taken to raise the level of competence of labour inspectors with a view to establishing tripartite commissions for collaboration in labour inspection.

Articles 11 and 16.  Recalling the Government’s indication in an earlier report that the working conditions of labour inspectors had improved except in the area of urban transport, the Committee would be grateful if the Government would specify the nature of the improvements made for labour inspectors since 1989 and provide information on any measures taken or envisaged to provide them with the transport facilities they need in order to carry out inspection visits.

Article 10.  The Committee notes that no information has been provided on the number, geographical distribution and categories of the labour inspectors covered by this Convention. The Committee considers that in the absence of any figures, it is impossible to ascertain whether the human resources are commensurate with the objectives of the Convention and asks the Government in its next report to provide the detailed information required by the report form on the Convention for each provision of this Article.

Articles 20 and 21.  The Committee notes with regret that although the Government has for many years reiterated its commitment to taking appropriate steps to publish and transmit to the ILO an annual inspection report in accordance with these provisions of the Convention, no such report has been received. Also noting that no measures appear to have been taken to ensure that such reports are produced, the Committee reminds the Government that such reporting is an obligation that derives from ratification of the Convention and that technical assistance from the ILO may be sought for the purpose. It would be grateful if the Government would do its utmost as soon as possible to give effect to the relevant provisions of the Convention and to transmit any relevant information to the ILO.

The Committee is addressing a request on other points directly to the Government.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that, according to the Government's report for the period ending June 1993, it was considered practical to establish tripartite commissions to promote collaboration between officials of the labour inspectorate and employers and workers or their organizations (Article 5(b) of the Convention). However, it notes that the introduction of these structures required the raising of the level of legal and vocational training of labour inspectors (Article 7), which could be achieved through a programme of technical assistance from the ILO Regional Office in Lima in the context of one or more of the projects planned for 1994. The Committee would be grateful if the Government would indicate in its next report the results of the measures adopted to promote the above collaboration and provide the necessary training, as set out in these provisions of the Convention. The Committee notes the information supplied by the Government in its report to the effect that the working conditions of labour inspectors have improved in comparison to those prevailing in 1989, except as regards urban transport, due to the limitations of the national budget. The Committee would be grateful if the Government would provide information on the improvements made in these working conditions and if it would indicate the measures which have been taken or are envisaged to furnish labour inspectors with the transport facilities necessary for the performance of their duties (Article 11). The Committee would be grateful if the Government would indicate in its next report, taking into account the fact that the number of labour inspectors has to be sufficient to secure the effective discharge of the duties of the inspectorate, the manner in which it is ensured that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Articles 10 and 16). The Committee notes that it has not been possible to transmit to the Office an annual inspection report, but that the Government, according to the information supplied in its report, proposes to give effect to Articles 20 and 21 of the Convention as soon as possible by establishing a system of statistics covering the annual activities of the labour inspection services and by compiling a classified and quantitative annual report, which it hopes to formulate in the context of the technical assistance projects referred to above that were planned as of 1994. The Committee trusts that the Government will transmit to the Office as soon as possible an annual inspection report in accordance with these provisions of the Convention.

The Committee once again hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that, according to the Government's report for the period ending June 1993, it was considered practical to establish tripartite commissions to promote collaboration between officials of the labour inspectorate and employers and workers or their organizations (Article 5(b) of the Convention). However, it notes that the introduction of these structures required the raising of the level of legal and vocational training of labour inspectors (Article 7), which could be achieved through a programme of technical assistance from the ILO Regional Office in Lima in the context of one or more of the projects planned for 1994. The Committee would be grateful if the Government would indicate in its next report the results of the measures adopted to promote the above collaboration and provide the necessary training, as set out in these provisions of the Convention. The Committee notes the information supplied by the Government in its report to the effect that the working conditions of labour inspectors have improved in comparison to those prevailing in 1989, except as regards urban transport, due to the limitations of the national budget. The Committee would be grateful if the Government would provide information on the improvements made in these working conditions and if it would indicate the measures which have been taken or are envisaged to furnish labour inspectors with the transport facilities necessary for the performance of their duties (Article 11). The Committee would be grateful if the Government would indicate in its next report, taking into account the fact that the number of labour inspectors has to be sufficient to secure the effective discharge of the duties of the inspectorate, the manner in which it is ensured that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Articles 10 and 16). The Committee notes that it has not been possible to transmit to the Office an annual inspection report, but that the Government, according to the information supplied in its report, proposes to give effect to Articles 20 and 21 of the Convention as soon as possible by establishing a system of statistics covering the annual activities of the labour inspection services and by compiling a classified and quantitative annual report, which it hopes to formulate in the context of the technical assistance projects referred to above that were planned as of 1994. The Committee trusts that the Government will transmit to the Office as soon as possible an annual inspection report in accordance with these provisions of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that, according to the Government's report for the period ending June 1993, it was considered practical to establish tripartite commissions to promote collaboration between officials of the labour inspectorate and employers and workers or their organizations (Article 5(b) of the Convention). However, it notes that the introduction of these structures required the raising of the level of legal and vocational training of labour inspectors (Article 7), which could be achieved through a programme of technical assistance from the ILO Regional Office in Lima in the context of one or more of the projects planned for 1994. The Committee would be grateful if the Government would indicate in its next report the results of the measures adopted to promote the above collaboration and provide the necessary training, as set out in these provisions of the Convention.

The Committee notes the information supplied by the Government in its report to the effect that the working conditions of labour inspectors have improved in comparison to those prevailing in 1989, except as regards urban transport, due to the limitations of the national budget. The Committee would be grateful if the Government would provide information on the improvements made in these working conditions and if it would indicate the measures which have been taken or are envisaged to furnish labour inspectors with the transport facilities necessary for the performance of their duties (Article 11).

The Committee would be grateful if the Government would indicate in its next report, taking into account the fact that the number of labour inspectors has to be sufficient to secure the effective discharge of the duties of the inspectorate, the manner in which it is ensured that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Articles 10 and 16).

The Committee notes that it has not been possible to transmit to the Office an annual inspection report, but that the Government, according to the information supplied in its report, proposes to give effect to Articles 20 and 21 of the Convention as soon as possible by establishing a system of statistics covering the annual activities of the labour inspection services and by compiling a classified and quantitative annual report, which it hopes to formulate in the context of the technical assistance projects referred to above that were planned as of 1994. The Committee trusts that the Government will transmit to the Office as soon as possible an annual inspection report in accordance with these provisions of the Convention.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its previous comments, the Committee notes the information supplied by the Government at the Conference Committee in 1992. It hopes that the next report will contain information on the following matters:

Article 5 of the Convention. The Committee notes the information concerning the events and practical actions organized and carried out with the technical cooperation of the Office in order to encourage effective cooperation between the employees of the labour inspectorate and employers and workers or their organizations. It would be grateful if the Government would also provide full information on all other types of more formal or institutionalized contacts, for example in the form of tripartite committees, between the labour inspection services and employers and workers or their organizations.

Articles 6 and 7. The Committee notes the Government's statement that the regulations approved by Ministerial Resolution No. 346/87 have come into force. It also notes with interest that, in order to improve the efficiency of the labour inspectorate, inspection services have been set up in certain districts, and that the total number of inspectors increased by ten between 1991 and 1992. It asks the Government to indicate any measures taken to ensure that labour inspectors receive initial and continuous vocational training, and to continue to provide information on the conditions of employment of labour inspectors.

Articles 10 and 11. The Committee asks the Government to provide detailed information on the improvements in the working environment of labour inspectors since 1989, and on the means of transport placed at their disposal, and to indicate any change in the number of inspectors.

Articles 16, 20 and 21. The Committee hopes that the Government will provide detailed information on the frequency and thoroughness of inspection visits and on all the subjects listed in Article 21 of the Convention. The Committee recalls that inspection reports must be published and transmitted to the International Labour Office. It notes that a request has been made for technical assistance in this regard and hopes that with the help of the Office the Government will be able to overcome the difficulties encountered in compiling and publishing annual inspection reports regularly.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous comments, the Committee notes the report transmitted by the Government and the information supplied to the Conference Committee in 1990.

Article 5 of the Convention. The Committee has taken note of the indications as to coordination between the labour inspection services and other services such as medical, social security and police services and the existing communication between employers' and workers' organisations. The Committee would emphasise the importance of collaboration between officials of the labour inspectorate and employers and workers or their organisations and it would be grateful if the Government would inform it of the forms and mechanisms through which cooperation with those services and organisations is maintained in practice.

Article 6. The Committee has taken note of the Labour Inspectorate Regulations (Ministerial Resolution No. 346/87 of 1987), a copy of which has been sent to the ILO and which provides inter alia for the guarantee to inspectors of the stability of employment and independence required by the Convention. In that connection, whereas in the information supplied at the 1990 Conference it was reported that the Regulations had come into force in February 1990, the Government states in its report that the Regulations have not yet come into force for administrative reasons. The Committee asks the Government to clarify this question and to supply detailed information on the difficulties encountered in applying this Article of the Convention.

Articles 10, 11, 16, 20 and 21. The Committee takes note of the very brief information given in the report, which refers to a small wage increase granted to the inspectors and certain new inspectorate premises in the city of La Paz. The Government also states that the annual inspection reports will shortly be published and distributed in keeping with the resources of the sectoral budget.

The Committee understands the problems mentioned by the Government in connection with the disastrous situation of the economy and the consequences of a severe programme of structural adjustment adopted in 1985. On the other hand, it points out once more that the annual reports are essential in order to evaluate the practical results of the inspectorate's activities: this is the only way to decide on the right measures to take in order to ensure that inspection visits are carried out, in accordance with the Convention, as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions; and that the number of inspectors and the resources supplied to them are sufficient. The Committee expresses the hope that the Government will supply information about any development in the application of this aspect of the Convention.

[The Government is asked to supply full information to the Conference at its 79th Session.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 5 of the Convention. The Committee notes that no specific measures have yet been taken to give effect to this provision of the Convention. It recalls that, as early as 1984, the Government informed the Conference Committee that it had taken the necessary steps to give statutory effect to the practice of co-operation between the various inspection services on the one hand, and between the inspectors and the employers and workers on the other. The Committee hopes that these measures will be taken shortly.

Article 6. The Committee notes from the Government's report that the Labour Inspection Regulations which, inter alia, guarantee stability of employment to labour inspectors and makes them independent of changes of government and of improper external influences, have been approved by Ministerial Resolution No. 346/87 of 26 November 1987, but that they are not yet in force. It trusts that these Regulations will soon be adopted, and requests the Government to provide a copy of them.

Articles 10, 11 and 16. With reference to its previous comments, the Committee notes the information supplied by the Government, to the effect that owing to the budgetary restrictions prompted by the economic crisis it has not been possible to increase the number of labour inspection staff and that there has so far been no improvement in the working conditions of inspectors. It hopes that the Government, in accordance with its assurances to the Conference Committee in 1984, will take certain measures to remedy the difficulties, so as to enable labour inspectors to perform their duties effectively.

Articles 20 and 21. The Committee notes with regret that since the ratification of the Convention, no reports on the work of the labour inspection services have yet been published. Recalling the importance it attaches to the publication of annual inspection reports, the Committee can only urge the Government once again to take all the necessary measures to give effect to these Articles of the Convention. It hopes that in future, in accordance with the repeated assurances of the Government, annual reports containing information on all the subjects listed at Article 21 will be published and transmitted to the ILO within the time-limits set forth in Article 20. [The Government is asked to supply full particulars to the Conference at its 77th Session.]