Labour Inspection (Agriculture) Convention, 1969 (No. 129) - El Salvador (Ratification: 1995)

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

Previous comments under Convention No. 81: Direct request and observation.

Previous comment under Convention No. 129: Direct request.

Previous comment under Convention No. 150: Direct request.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

The Committee notes the observations of the Trade Union Confederation of Workers of El Salvador (CSTS) received on 17 May 2023 on Conventions Nos 81, 129 and 150.

Labour Inspection Convention, 1947 (No. 81) and Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Articles 3 and 4 of Convention No. 81 and Articles 6 and 7 of Convention No. 129. The Committee notes that, in its observations, the CSTS indicates that, although there are public officials in the Social Security Institute of El Salvador (ISSS), responsible for ensuring compliance with the legal provisions contained in the Act on social security and its implementing regulations, they do not have the same powers as labour inspectors. The CSTS therefore considers it appropriate to merge the inspection services of the ISSS with the labour inspection services of the Ministry of Labour and Social Welfare (MTPS) to have a single inspection system for labour, occupational safety and health (OSH) and social security, under the supervision and control of a central authority. The Committee also notes that, in its observations concerning the application of the Occupational Safety and Health Convention, 1981 (No. 155), the CSTS refers to the lack of inspections relating to OSH in the public sector. The Committee requests the Government to provide its comments in this respect.

Articles 6 and 15(a) of Convention No. 81 and Articles 8 and 20(a) of Convention No. 129. Legal status. Integrity of labour inspectors. Conditions of service. The Committee notes the information provided by the Government in its report on the number of active labour inspectors, and on the disciplinary measures and penalties imposed. The Committee also notes the observations of the CSTS on the lack of a wage scale system, such that currently there is no difference in the wages of newly recruited inspectors and those with the most experience, which has repercussions on their productivity. The CSTS also indicates that, in addition to disciplinary measures regulated by the applicable legislation to prevent and penalize specific cases of corruption of labour inspectors, consideration should be given to the development and promotion of training in a system of values and principles set out in a code of ethics for labour inspectors. The Committee requests the Government to provide its comments in respect to the CSTS’s observations. The Committee also requests the Government to provide detailed information on the remuneration conditions for labour inspectors, especially with respect to wage progression and career prospects.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. The Committee notes the Government’s information on the training activities for public officials who conducted labour inspections between 2015 and 2021, including information on the training for inspectors working in the agricultural sector. According to the Government, the training is carried out by the General Directorate of Labour Inspection together with the training department of the MTPS or of other external units in this area. The Committee also notes the Government’s request for ILO technical assistance aimed at strengthening the technical capacities of labour inspection staff, focusing on their specializations and technical development, and at introducing the international and national standards required for the performance of their duties. The Committee expresses its hope that the assistance requested will be provided in the near future.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of cases of occupational accidents and occupational diseases to the labour inspectorate. The Committee notes the information provided by the Government that the MTPS has a National System of Occupational Accidents (SNAT) that enables employers to report occupational accidents, and that the General Act on the prevention of occupational risks sets out that the employer must carry an up-to-date register of occupational accidents and diseases. The Government indicates that the ISSS and the Ministry of Health carry out checks relating to occupational accidents that they deal with in the performance of their duties. The Committee also notes the CSTS’s indication in its observations that, although the SNAT has been implemented since the entry into force of the General Act on the prevention of occupational risks, there is still a lack of notification of cases of occupational diseases suffered by many workers in the country, particularly in the maquila textile and agricultural sector. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide information on any procedure provided in law or practice for the notification of the labour inspectorate of cases of occupational diseases and occupational accidents by the ISSS and the Ministry of Health, and on how coordination among the different bodies is ensured.

Articles 19, 20 and 21 of Convention No. 81 and Articles Nos 26 and 27 of Convention No. 129. Periodic reviews and annual inspection report. The Committee notes with interest the information provided by the Government that the reports of the labour inspectorate are available online, with information on the total number of inspections carried out and persons affected, the number of technical OSH inspections, the number of inspections in agriculture, and total number of fines imposed. The Committee notes, however, that the most recent report of the labour inspectorate that is available refers to the period between June 2019 and May 2020, and that there is no report for the period since June 2020. The Committee also notes that the Government communicates the number of labour inspectors, while the statistics on occupational accidents are available on the ISSS website. However, none of this information, and no statistics on occupational diseases, are included in the report of the labour inspectorate. While noting the efforts made by the Government to draw up and publish an annual inspection report, the Committee requests the Government to provide information on the compilation and publication in the annual report of the labour inspectorate of all the information required by the Conventions.

Specific issues relating to labour inspection in agriculture

Article 14 of Convention No. 129. Staffing and material means of the labour inspection services. The Committee notes that the CSTS highlights in its observations the need to increase the number of labour inspectors for the enforcement of the legal provisions applicable for enterprises in the agricultural sector because, according to the Government’s information, there are only eight labour inspectors for monitoring the working conditions in the agricultural sector workplaces in the country. The CSTS also indicates the need to equip the department with transport and technological means as well as appropriate and sufficient infrastructure in order for the department to carry out its task of monitoring the working conditions of workers in agricultural sector workplaces. The Committee requests the Government to provide its comments in this respect.

Labour Administration Convention, 1978 (No. 150)

Article 4 of the Convention. Organization of the central labour administration authority. The Committee notes the information provided by the Government on the tasks assigned to the MTPS units for public information access, gender equity and information, as well as the change of the legal unit to the legal department and the incorporation of the department for cooperation. It also notes the information provided by the Government on the policies developed in the frameworks of social protection, OSH, social dialogue, public employment policy, and the information system on the labour workforce. The Committee notes this information, which responds to questions raised in its previous request.

Article 5. Consultation, cooperation and negotiation between the public labour administration authorities and employers’ and workers’ organizations. In response to the Committee’s previous comment, the Government reports that the workers’ and employers’ organizations active in the country were convened in order to present their proposals for representatives to the High Labour Council (CST), who were then appointed. The Government also reports that the Council held its first session in September 2019, which the ILO and representatives of national institutions attended; a second session in October 2019, in the context of which the development of a national policy for decent employment was unanimously adopted; and a third session in November 2019. The Committee refers to the conclusions of the Committee on the Application of Standards in the examination of the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), as well as its previous comments made in this respect.

Article 6. Impact of the implementation of the MTPS’s five-year strategic plan on the running of the labour administration system. The Committee notes that, according to the Government, a proposal is being drawn up through the CST’s technical committee on the national strategy for the creation of decent employment, to be submitted to the CST for its consideration and approval. The Committee also notes the actions led by the Government through the MTPS, such as the establishment of the Labour Market Intelligence Unit (UIMEL) and the operationalization of the Labour Market Information System (SIMEL), together with ILO technical assistance; as well as the development of strategies to promote labour intermediation processes at the national level, focusing on programmes to encourage first jobs, and the creation of opportunities for adults and young people without work experience, and for persons with disabilities. The Government also states that the Institutional Strategic Plan 2020–2024 defines strategic objectives based on the promotion of employment, implementation of tripartite social dialogue, improvement of citizen care, and compliance with the applicable international and national legal standards. In this respect, the Committee refers to its most recent comments on the application of the Employment Policy Convention, 1964 (No. 122).

Article 10. Human resources and material means of the labour administration system. 1. Human resources. The Committee notes that public servants engaged with the State under a contractual relationship and the Wages Act are incorporated into the administrative career path, except for public servants listed under section 4 of the Civil Service Act and those who hold positions of political or individual trust, according to article 219(3) of the Constitution of the Republic. The Government also reports that, in relation to the adoption of the Act on the public service, an ad hoc committee has been set up in the Legislative Assembly to examine the draft Act on the public service, which currently has 18 supporting documents before it. The Committee requests the Government to continue to send information on the process and adoption of the Act on the public service.

2. Training. The Committee notes the information provided by the Government that, between 2015 and 2021, the MTPS carried out a total of 444 training sessions, with the participation of 5,793 labour administration staff, and that the subjects covered related to international standards on women’s rights, compilation of labour-related data, quality management, the Civil Service Act and targeted training for the LGBTI population. The Committee notes this information, which responds to questions raised in its previous comment. The Committee also notes the Government’s request for ILO technical assistance and in this respect, expresses the hope that such assistance will be provided in the near future.

3. Material means. The Committee notes the information provided by the Government on the operationalization of the “call centre”, its effectiveness and the broadening of its facilities for its functioning. The Committee also notes the information that the fleet of vehicles pertaining to the MTPS has been increased, and that all the departments have specific areas and offices for the provision of inspection services, including central offices with renovated technical equipment and facilities. In addition, the Committee notes the CSTS’ indication in its observations that the budget assigned to the MTPS by the Government should be gradually increased to ensure professional development, material means, infrastructure and sufficient financial resources for the staff of this State department, with the goal of improving the application of Article 10 of the Convention. The Committee requests the Government to provide its comments in this respect.

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

Previous comments: C.81 direct request and C.81 observation; and C.129 direct request

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

Articles 12(1)(a)–(b) and (2), and 17(2) of Convention No. 81 and Articles 16(1)(a)–(b) and (3), and 22(2) of Convention No. 129. Freedom of labour inspectors to enter workplaces, notification of presence and discretion to decide on the treatment of infringements. The Committee recalls that for many years, it has been requesting the Government to take measures to ensure that current legislation is in conformity with the Articles of the Conventions in question. The Committee notes that the Government does not refer in its report to the application of these Articles. The Committee also recalls that, in its previous comments, it noted certain legislative initiatives aimed at ensuring conformity of the Act on the Organization and Functions of the Labour and Social Security Sector with the provisions of the Convention, and that these initiatives were unsuccessful. In these circumstances, the Committee once again requests the Government to take the necessary measures, without delay, to ensure full conformity with the provisions of Articles 12(1)(a)–(b) and (2), and 17(2) of Convention No. 81 and Articles 16(1)(a)–(b) and (3), and 22(2) of Convention No. 129. The Committee reminds the Government that it may avail itself of technical assistance from the Office in this respect.

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

The Committee notes the information provided by the Government on cooperation between the agricultural inspection services and duly qualified technical experts (Article 11 of the Convention) and on means of transport for labour inspectors to perform their duties (Article 15).

Article 9(3). Adequate training for labour inspectors in agriculture to perform their duties. In its previous comments, the Committee requested the Government to indicate the measures taken to give labour inspectors in agriculture adequate training for the performance of their duties, adapted to the different classes of workers, the type of work carried out and the specific risks to which the workers in agriculture and their families are exposed. The Committee notes that in its report the Government indicates that the Agricultural Inspection Department (in which there are five inspectors), which has nationwide competence, provides labour inspectors with ongoing training in these areas through their first-level supervisors and coordinators. The Government also refers to various training activities organized between 2012 and 2015, among which the Committee notes in particular: (i) training for all the personnel on the General Act on Risk Prevention and on occupational safety and health inspection, including psychosocial risks; and (ii) the occupational risk management programme as a tool for the prevention of psychosocial risks. The Government further indicates that between September and October 2015, cooperation from the Spanish International Cooperation for Development Agency (AECID) would be launched, which would enable the strengthening of the capacity of the staff of the Labour Inspection General Directorate. The Committee requests the Government to specify the measures taken to ensure that labour inspectors in agriculture are given specific and appropriate training in the course of their employment for the performance of their duties of supervision and provision of information and technical advice to employers and workers and their families.

Articles 26 and 27. Annual inspection report. The Committee notes the information on the inspections and re-inspections conducted between 2012 and June 2015 in the agricultural sector, on the number of workers they covered, the number of inspectors and their geographical distribution. The Committee trusts that the Government will take steps to ensure that the central inspection authority publishes, either as a separate report or as part of its general annual report, an annual report on the work of the inspection services that contains the information required by Article 27(a)–(g) of the Convention, and that the report is sent to the ILO within the time limits prescribed by Article 26.

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

The Committee refers the Government to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they are also concerned with the application of the present Convention.

Articles 9(3), 11, 14 and 15 of the Convention. Reinforcement of material facilities available to labour inspectors in agriculture, specific training of labour inspectors working in agriculture and collaboration between the inspection services in agriculture and other institutions. With reference to its previous comments, the Committee notes with interest that, according to information communicated by the Government, over the past years the number of vehicles available to the labour inspection services working in agriculture has significantly increased, rising from eight vehicles in 2008 to 38 in 2012 (three of which have both front-wheel and rear-wheel drive). The Committee nevertheless notes that most of the vehicles (27) are assigned to the San Salvador office, while two other offices have three vehicles, five have one vehicle and six others have none. The Committee understands that, in the departments of Sonsonate and Ahuachapán, for example, which have one vehicle and no vehicles respectively, agriculture is the main activity. It would therefore be grateful if the Government would provide an explanation of the criteria taken into account for the distribution of vehicles among the various inspection services.

The Committee requested the Government to provide detailed information on the frequency, content and duration of the specific training courses organized for labour inspectors working in the agricultural sector, and on the number of inspectors who took part. It notes that this information is not reflected in the tables on training given to labour inspectors from 2009 to 2012 which feature in the Government’s report. The Committee therefore requests the Government to indicate the measures taken to give labour inspectors in agriculture adequate training for the performance of their duties which takes particular account of the particularities inherent in the different worker categories, the type of work carried out and the specific risks to which the workers in agriculture and their families are exposed.

The Committee requested the Government to take measures to ensure that labour inspectors working in the agricultural sector may rely on the collaboration of duly qualified technical experts (doctors, chemists, security engineers) to solve problems requiring technical knowledge beyond the scope of their competence and to keep the ILO informed. The Government indicates that, when the need arises, labour inspectors working in agriculture have access to technical support from the General Directorate of Social Security. The Committee would be grateful if the Government would specify the ways in which these technicians collaborate with the labour inspection services in agriculture, including with those in departmental or regional offices.

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

The Committee refers the Government to its comments on the application of the Labour Inspection Convention, 1947 (No. 81), and takes note of the information supplied by the Government in its report in response to the Committee’s previous comments. It wishes to draw the Government’s attention to the following points:

Articles 9(3), 11, 14 and 15 of the Convention. Human and material resources for labour inspection in agriculture. The Committee notes that according to the Government, the number and geographical distribution of the vehicles available to the labour inspection services performing duties in agricultural undertakings have not changed since the last report. It observes that the Government gives no criteria for such distribution. As regards the training needs of inspectors responsible for the agricultural sector, the Committee notes that the Government is committed to providing specific training. The Committee again requests the Government to send its assessment of how far the transport resources and facilities for labour inspectors meet the specific needs that arise because agricultural enterprises are geographically remote and scattered.

It requests the Government to provide detailed information on the frequency, content and duration of, and the number of participants in, the specific training organized for labour inspectors working in the agricultural sector, for the period covered by the next report.

Furthermore, it again requests the Government to take steps to ensure that labour inspectors in the agricultural sector can count on cooperation from properly qualified experts and technicians (doctors, chemists, safety engineers) in solving problems that demand technical knowledge beyond the scope of inspectors’ qualifications, and to keep the ILO informed on this matter.

Physical safety of labour inspectors in visits to agricultural undertakings. Further to its previous request on this matter, and noting the Government’s reply that labour inspectors may call upon law enforcement officers in the event of danger, the Committee would be grateful if the Government would provide information on incidents in which the safety of inspectors has been ensured thanks to police intervention, and to describe the procedure followed.

Articles 6(1)(b) and 13. Collaboration between officials of the labour inspectorate in agriculture and employers and workers or their organizations. Further to its previous request and noting that the Higher Labour Council (forum for cooperation between officials of the labour inspectorate and employers and workers or their organizations) has still not been informed of matters relating to labour inspection in agriculture, the Committee again asks the Government to indicate whether measures have been taken or are envisaged to expand the duties of the Higher Labour Council to enable it to issue advice for improving working conditions and living conditions in agricultural undertakings, particularly in plantations and other intensive farming enterprises. If so, it would be grateful if the Government would provide information on the topics dealt with and the outcome of the Council’s proceedings.

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

With reference to its comments on the application of Convention No. 81, the Committee notes the information contained in the Government’s report in reply to its previous comments, and the General Regulations on travel expenses.

International cooperation and ILO technical assistance. The Committee notes that an assessment of the situation of labour inspection has been undertaken during 2008 by the ILO in the context of the regional project RLA/07/04M/USA for the strengthening of public labour administration systems and that the plan of action for its implementation is currently being implemented.

Articles 9, paragraph 3, 10, 11, 14 and 15 of the Convention. Human and material resources of the labour inspectorate in agriculture. The Committee notes that, according to the Government, 26 labour inspectors, distributed between the central office in San Salvador (13), the regional offices of Santa Ana (1) and San Miguel (2), and the departmental offices of Sonsonate (1), Zacatecoluca (4), Unión (2) and Usulután (3) are engaged in inspection functions in agriculture. It notes that eight vehicles are available, two of which are at the central office and one each at the regional offices of Santa Ana and San Miguel, as well as at the departmental offices of Sonsonate, Zacatecoluca, San Miguel and Unión. The use of these vehicles is planned so as to reduce transport costs. According to the Government, the Regulations respecting travel expenses in the version published on 15 June 2000 are intended to regulate their use by employees recruited under the Act respecting wages, contracts and daily wages who travel on official missions or to places other than their workplace. They determine the basis and arrangements for the reimbursement of fuel costs, the repair of damages that are not attributable to the officials concerned, and tickets for public transport.

In reply to the Committee’s request for information concerning any specific training provided for inspectors in agriculture, the Government has provided a report on training activities undertaken in 2006, 2007 and January 2008 for labour inspectors, safety and health inspectors, occupational safety technicians and inspectors responsible for gender issues. The Committee nevertheless notes that the table indicating the subjects of the training courses and their duration, and the number of participants, makes no mention of specific training targeting labour inspection in agricultural undertakings. Furthermore, according to the Government, the collaboration of experts has never been called upon to resolve problems requiring technical knowledge going beyond the competence of inspectors. The Committee would be gratified if the Government would provide its assessment of the adequacy of the resources and transport facilities of the labour inspectorate in relation to the specific needs arising out of the remoteness and geographical dispersion of agricultural undertakings, and to indicate the manner in which reimbursement is provided in practice for the travel expenses envisaged in the above Regulations respecting the use of travel allowances (monitoring of kilometres, average wait for reimbursement, etc.).

The Government is requested to take measures to ensure that, in accordance with Article 9, paragraph 3, labour inspectors in agriculture receive adequate training, as well as further training in the course of their employment, and that they can avail themselves of the collaboration of duly qualified technical experts and specialists (physicians, chemists, security engineers) to solve problems requiring technical knowledge beyond their competence.

Articles 8 and 20(a). Conditions of service of labour inspectors in agriculture. Compliance with professional ethics and prohibition from having any interest in undertakings under their supervision. The Committee notes that, contrary to the indication in the Government’s report, the text of the ethical standards for the public service has not been provided to the Office. It notes that, in reply to its request for information concerning the pay scale of inspection staff in comparison with other categories of public officials with comparable responsibilities, the monthly salary is 1,058.25 Salvadorean colones (SVC) for the Chief of the Inspection Department in Agriculture, SVC748.67 for the Chief of the Inspection Section in Agriculture, SVC665.91 for supervisors of the Inspection Department in Agriculture and SVC624.55 for labour inspectors in agriculture.

With regard to the remuneration of other public officials, the Head of Inspection in the El Salvador Social Security Institute (ISSS) receives a salary of SVC1,600, the inspection supervisor receives SVC1,250 and inspectors receive SVC777. This information shows a substantial inequality to the detriment of officials in the labour inspection structures responsible for agriculture. The Committee hopes that measures will be taken rapidly to improve the conditions of service of labour inspectors, and particularly their remuneration, so that they correspond to the high level of responsibilities with which they are entrusted at each level and to ensure that they are independent of improper external influences. It requests the Government to supply information on any development in this respect and to provide the text of the ethical standards to which it refers in its report.

Physical security of labour inspectors during inspections in agricultural undertakings. The Committee notes that, in reply to its request for information on any measure that has been taken or is envisaged to ensure the security of labour inspectors in agriculture, the Government indicates that since 2004 members of the rural police have been deployed in agricultural areas with responsibility for ensuring the security of the population. It adds that the presence of the police in the various rural areas has contributed to restoring the confidence of the inhabitants and to ensuring the security of inspectors where they discharge their functions. The Committee would be grateful if the Government would provide further details on the manner in which labour inspectors can have recourse to these forces of order in the event of threats or aggression by employers opposing inspection. It also requests the Government to provide examples of cases in which labour inspectors have been exposed to violence in practice and the protection provided.

Article 16, paragraphs 1(c)(i) and 3, and Article 20(c). Powers of investigation and the confidentiality of the source of any complaint. The Committee notes the explanations provided by the Government on the extent of the right of entry of inspectors to workplaces liable to inspection, and the legal provisions intended to ensure confidentiality as to the source of complaints. The Committee is bound to emphasize once again that section 47 of the Act of 1996 respecting the organization and operation of the labour and social security sector, under which labour inspectors may only carry out inspection visits of workplaces in the presence of the employer, the workers or their representatives, is contrary to the Convention. Indeed, in accordance with Article 16, paragraph 1(c), of the Convention, inspectors should be empowered to carry out interviews alone or in the presence of witnesses. Furthermore, under the terms of paragraph 3 of this Article, labour inspectors should be able, on the occasion of an inspection visit, to refrain from notifying the employer or his representative of their presence where they consider that such notification may be prejudicial to the performance of their duties, with the objective of guaranteeing the effectiveness of the inspections and the confidentiality of the source of complaints (Article 20(c)). The Committee therefore hopes that the Government will not fail to take the necessary measures finally to give full effect to these provisions of the Convention, particularly in the context of the legislative reform envisaged in the framework of the plan of action that is under way following the recent assessment of labour inspection, particularly through the removal of section 47 of the Act respecting the organization and operation of the labour and social security sector. It would be grateful if the Government would keep the ILO informed.

Article 6, paragraph 1(b), and Article 13. Collaboration between officials of the labour inspectorate in agriculture and employers and workers or their organizations. The Committee noted in a previous report from the Government (2002) the existence in the Higher Labour Council of collaboration between officials of the labour inspectorate in agriculture and employers and workers or their organizations and it requested further information in this respect on: (i) the composition and the responsibilities of the Council; (ii) the frequency of its meetings; and (iii) the subjects related to labour inspection in agriculture dealt with by the Council. It also requested the provision of any relevant text, activity report or other document. The Government indicates that the Higher Labour Council is an advisory body entrusted with examining, at the request of its constituents, social matters and regulations issued under the Labour Code. It is composed of eight representatives of employers, workers and the Government, respectively, and it provides an institutional framework for dialogue and the promotion of concerted economic and social action between the public authorities and the social partners. It is also consulted on issues relating to the participation of the country in international forums concerning matters that lie within its competence and with regard to the application of the international standards adopted by the ILO. Meeting twice a month at the level of its steering committee, at the request of any of its members, and in plenary session twice a year at times deemed appropriate, the Council has not yet dealt with issues relating to labour inspection in agriculture. The Committee requests the Government to indicate whether measures have been taken or are envisaged to extend the fields covered by this body so that it can provide views for the improvement of conditions of work and living conditions in agricultural undertakings, particularly in plantations and other intensive agricultural undertakings, such as an opinion on the General Bill for the prevention of risks in workplaces, which is in the process of being adopted. If such measures have been taken, the Committee would be grateful to be provided with information on the subjects dealt with and the outcome of the Council’s work.

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

In reference to its observation, the Committee would be grateful if the Government would provide further information on the following points.

Article 5 of the Convention. Extension of the inspection system to non-salaried agricultural workers. The Committee asks the Government to indicate if it envisages extending the inspection system in agriculture in such a way as to ensure the coverage of one or more of the categories of non-salaried workers referred to in Article 5, particularly in respect of the provision of technical information on occupational hygiene, health and safety relating to the use of machinery or the handling of chemical substances that are toxic or harmful to the environment, or on social security issues.

Article 17. Preventive control of new plant, new material or substances, and new methods of handling products. In reference to it previous comments, the Committee notes that the special regulations applicable to the agricultural sector, as envisaged by section 2 of the Regulations on Safety and Health in Workplaces, have not yet come into effect. It notes, however, that the legislation relating to occupational safety and health is currently under review and that a general bill on risk prevention in the workplace, including in the agricultural sector, has been submitted to Congress. The Government is requested to keep the Office informed of any developments in this regard and to communicate a copy of any text adopted.

Safety conditions for labour inspectors. In reference to its previous comments, the Committee asks the Government, once again, to provide information on any steps taken or envisaged to ensure the safety of men and women labour inspectors in the performance of their duties in the agricultural sector, in view of the particular risks to which they are exposed.

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

The Committee notes the Government’s report and the replies to its previous comments.

1. Article 9, paragraph 3, Articles 10, 11 and 14, and Article 15, paragraphs 1(b) and 2, of the Convention. Human and material resources of labour inspection in agriculture. According to the Government, the Ministry of Labour has a technical body of labour inspectors who are trained to carry out activities in the agricultural sector. These inspectors benefit on a regular basis from legal and technical training programmes with a view to carrying out their duties. In reference to its observation under Convention No. 81, concerning the measures taken and envisaged to reinforce the human resources and improve the material means of the inspection services, the Committee asks the Government to provide detailed and statistical information on any such measures taken, in particular: (i) in terms of the number of inspectors appointed to carry out activities in the agricultural sector, including their geographical distribution; (ii) in terms of the transport facilities at their disposal; and (iii) in terms of the allocation of fuel and travel allowances to ensure the mobility which is vital to the carrying out of inspection visits in agricultural undertakings situated in isolated areas.

The Committee also asks the Government to communicate information on the content and duration of the training given to inspectors working in the area of agriculture during the period covered by the next report, and on the number of staff concerned, and to indicate if measures are taken, if needed, and as envisaged in Article 11 of the Convention, to ensure that experts are associated in the work of labour inspection with a view to solving problems demanding technical knowledge beyond the competence of the inspectors. Please describe, if appropriate, the manner in which technical experts are associated in the work of labour inspection in agriculture.

2. Articles 8 and 20. Observation of professional ethics by inspectors in agriculture and the obligation not to have any direct or indirect interest. In reference to its previous observation on the issue, the Committee notes the Government’s indication that no cases of corruption have been noted within the body of inspectors and that the national legislation contains, in Chapter II of section XVI of the Penal Code, a series of administrative and legal provisions applicable to public officials who commit or try to commit any abuse. The Committee also notes with interest the creation of a committee responsible for establishing the ethical principles of reference for activities performed by labour inspectors and for determining actions which are prohibited or incompatible for public officials. The Committee would be grateful if the Government would communicate a copy of the ethical rules for public officials, mentioned in its report, and provide information on the pay scale applied to other public officials with comparable responsibilities, such as tax inspectors.

3. Article 6, paragraph 1(a), and Articles 16, 20 and 21. Means of enforcing legislation on the working conditions and the protection of workers, the extent of the right to enter any agricultural undertaking freely, and the confidentiality of the source of complaints. The Committee notes with interest that the inspections carried out by inspectors in the agricultural sector include proactive activities, through scheduled visits, and reactive activities, through visits made following a complaint lodged by workers who consider their rights to have been violated. In reference to its comments on Convention No. 81 on the subject of the extent of the inspector’s right to enter freely any undertaking or workplace, the Committee asks the Government to provide any relevant information under this Convention (Article 16, paragraphs 1(a), (b) and (c)(i), and paragraph 2) and to indicate the manner in which it is ensured that the inspector treats as absolutely confidential the source of any complaint leading to a visit and gives no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint (Article 20(c)).

4. Article 6, paragraph 1(b), and Article 13. Provision of technical information and advice to employers and workers and collaboration between officials of the labour inspectorate in agriculture and employers and workers, or their organizations. According to the Government, activities to disseminate and promote labour legislation amongst workers and employers have been undertaken in various areas of the country in the form of awareness-raising discussions and through the distribution of information booklets to users, the press and via the Ministry web site, etc. The Government also indicates that a guide on the rights and obligations of workers has been prepared with a view to contributing to the consolidation of a culture of work based on dialogue and consultation between the social partners. Moreover, as indicated by the Government in its report received in 2002, officials of the labour inspectorate in agriculture collaborate with employers and workers or their organizations within the Higher Labour Council. The Committee notes with interest this information and would be grateful if the Government would supplement it with further details concerning: (i) the composition and the responsibilities of this Council; (ii) the frequency of its meetings; and (iii) the subjects linked to labour inspection in agriculture that are dealt with by the Council. The Committee also requests the Government to communicate any relevant text, activity report or other document.

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

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

The Committee refers the Government to its observation and to its comments under Convention No. 81. It requests the Government to provide additional information on the following points.

Article 5 of the Convention. The Committee requests the Government to indicate whether, in view of the improvements currently being made to the labour inspection system, it proposes to extend labour inspection in agriculture to workers who are not treated as wage earners by the legislation, such as those in the categories set forth in Article 5(a), (b) and (c).

Article 10. The Committee notes that women are treated equally with men in terms of eligibility to employment as labour inspectors in the agricultural sector. It notes however, that no women have as yet been appointed, owing to the climate of insecurity in certain agricultural areas. Being of the view that such a climate could be equally dangerous for male inspectors, as recent events in other parts of the world have shown, the Committee hopes that the Government will take steps to ensure, as far as is possible, the safety of men and women labour inspectors in the performance of their duties, particularly in rural areas.

Article 16. The Committee notes the Government’s explanations concerning the application of section 38(a) of the Act on the organization and functions of the Labour and Social Security Sector in conjunction with section 161 of the Labour Code regarding the conditions for the exercise by labour inspectors of their right to enter agricultural enterprises freely. It also notes that, in practice, working hours may vary from one enterprise to another. Recalling its remarks on this matter in paragraphs 157 ff. of its General Survey of 1985 on labour inspection, the Committee once again points out that, in order to ensure that supervision is effective, labour inspectors in agriculture need legal means to enable them to enter agricultural enterprises freely in accordance with the provisions contained in this Article of the Convention. It requests the Government to provide information on all measures taken to this end.

Article 16, paragraph 3. The Committee requests the Government to refer to its comments under Article 12, paragraph 2, of the Labour Inspection Convention, 1947 (No. 81) on the conditions for application of the principle that as a general rule inspectors shall notify their presence to the employer or his representative, and the application of the right of inspectors to refrain from such notification. It would be grateful if the Government would take the measures requested in respect of inspectors in the agricultural sector.

Article 17. The Committee requests the Government to supply a copy of the special regulations applying in the agricultural sector in particular, referred to in Regulation No. 2 of the Regulations on Safety and Health in Workplaces, which the Government referred to in answering the Committee’s previous comments on the subject of preventive inspections.

Article 19. According to the information supplied by the Government, labour inspectors are not informed of occupational accidents and instances of occupational disease by employers or any other body, but only through complaints made by the workers affected. In such instances, inspectors conduct inquiries in order to identify the causes of such accidents or diseases. The Committee stresses, as it did in paragraphs 86 and 89 ff. of its General Survey of 1985 on labour inspection, that it is important that the labour inspectorate should be informed of accidents at work and occupational diseases and that labour inspectors should participate in inquiries into their causes. The Committee accordingly requests the Government promptly to take measures to ensure that a suitable notification procedure is established for the inspection services covering agricultural enterprises, at least for the most serious cases, as provided by this Article of the Convention.

Articles 26 and 27. The Committee refers the Government to its comments under Articles 20 and 21 of the Labour Inspection Convention, 1947 (No. 81) and hopes that the Government will do its utmost to ensure that an annual report on the activities of the labour inspection services in agriculture, covering all the subjects set forth in Article 27(a) to (g), either in a separate annual report or as part of a general annual report, is shortly published and sent to the ILO within the time limit set in Article 26.

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

Further to its previous comments, in which it noted the Government’s report for 2002 and took note of comments made by the Inter-union Commission of El Salvador, received by the ILO on 13 September 2002 and forwarded to the Government, the Committee notes the information sent by the Government in reply to these comments in a letter of 20 December 2002, and in its simplified report for 2004.

The Inter-union Commission raises a number of objections to the manner in which the Government discharges its obligations deriving from the ratification of Conventions in general and of this Convention in particular.

The abovementioned organization regrets that a copy of the reports on the application of instruments under article 22 of the Constitution are not sent to it systematically, as required by article 23(3) of the Constitution. The commission states that unions are neither consulted on nor informed of measures, projects, actions or activities envisaged to ensure systematic inspection of agricultural enterprises. Furthermore, the labour administration even tends to favour the employer in the context of inspections, illicit practices having been identified in this area. The commission is of the view that the Government either breaches the Convention or fails to apply it.

In response to the commission’s comments, the Government refers to various programmes and projects, and in particular the technical and financial support provided under the MATAC/ILO project to modernize labour administration, which includes a labour inspection sub-project. The Government states that a diagnosis of the inspection service was prepared by an independent consultant enabling strengths and weaknesses to be identified. A reform of the organization and functions of the inspectorate was embarked on to make the labour inspection system more flexible, rational and professional with a view to covering the immediate and long-term needs and meeting the challenges of globalization. During the period up to May 2003, the General Directorate of the Inspection Service carried out 20,000 inspections of workplaces in all sectors and by the end of June 2004, 10,000 additional visits should have been conducted, covering some 170,000 workers. Relevant legal sanctions were applied to offending employers reluctant to heed the advice and instructions given by labour inspectors; "comprehensive" inspections targeting application of the social security and pensions system were carried out in coordination with the Social Insurance Institute and the Pensions Supervisory Authority; the number of inspectors increased from 40 in 2002 to 60 in 2003 and was to be increased further by the recruitment of nine new inspectors in 2004.

The Government also refers to the implementation of strong "zero tolerance" anti-corruption measures.

The Committee observes that the information supplied by the Government concerns the general labour inspection system and supplies no details of use to an assessment of its working in the agricultural sector, covered by the present Convention. Nor does it reply to the matters raised by the Inter-union Commission. The Government is therefore asked to provide specific and separate information on the effects of its reported efforts on the ethics of the labour inspectorate (Articles 8 and 20 of the Convention), its human resources (Articles 9, paragraph 3; 10 and 11), its financial and logistical resources (Article 15, paragraphs 1(b) and 2), and on the supervisory activities of labour inspectors in agricultural enterprises (Articles 6, paragraph 1(a) and (c), and 21) and on employers, workers and their respective organizations (Articles 6, paragraph 1(b) and 13).

The Government is also asked to provide specific and detailed information on developments regarding the extent to which the legislation supervised by labour inspectors is applied, and on the nature of the corrupt practices detected and the administrative and judicial measures taken to sanction them and prevent or contain them.

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

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report in reply to its previous comments. It also notes the comments made by the Inter-Union Commission of El Salvador (CATS-CTD-CGT-CTS-CSTS-CUTS) on the application of the Convention, received by the ILO on 13 September 2002 and forwarded to the Government on 19 November 2002. The Committee proposes to examine the Government’s report and the clarifications which it is requested to provide on the matters raised by the inter-union organization during its next session in 2003.

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

The Committee notes the Government’s reports and requests it to supply further information on the following points.

Article 5 of the Convention.  Noting that the Government has not availed itself of the possibility of undertaking, in a declaration, to cover by labour inspection in agriculture one or more of the following categories of persons listed in paragraph 1 of this Article, the Committee requests it to indicate to what extent, as provided in paragraph 3, effect has been given or is proposed to be given to the provisions of the Convention in respect of these categories of persons.

Article 6.  The Committee would be grateful if the Government would indicate whether functions other than those laid down in paragraphs 1 and 2 of this Article have been given to labour inspectors. If so, the Committee requests it to indicate the measures taken or contemplated to ensure, in compliance with paragraph 3, that these further duties shall not interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Article 10.  Please indicate the proportion of women in the labour inspection staff in agriculture and whether special duties are assigned to them.

 Article 11.  Noting that no action has been taken as laid down in this provision to ensure that duly qualified technical experts and specialists are associated in the work of labour inspection in agriculture, the Committee would be grateful if the Government would take measures to this effect and supply information on the measures and their results.

Article 14.  Noting that inspection activities in agriculture, in which only eight persons were engaged, have been suspended due to budgetary constraints, the Committee requests the Government to take measures to increase the number of inspectors, bearing in mind the requirements in this provision, and to give information on these measures and on their impact in regard to inspection activities.

Article 16, paragraph 1(a).  The Committee notes that under article 38(a) of the Law on the Organization and Functions of the Labour and Social Security Sector, labour inspectors are empowered to enter freely without previous notice only during normal working hours any workplace liable to inspection, and not "at any hour of the day or night" as provided by this Article. The Committee is requested to take measures to ensure that the right of labour inspectors to enter freely any workplace liable to inspection is not restricted to normal working hours but may be exercised at any hour of the day or night.

Article 16, paragraph 3.  The Committee notes that, under articles 39(a) and 47 of the Law on the Organization and Functions of the Labour and Social Security Sector, labour inspectors have no discretion to decide whether or not to notify the employer or his representative of their presence during inspection visits and would be grateful if the Government would take appropriate measures to this end in accordance with this provision of the Convention.

Article 18, paragraph 2(a) and (b).  The Committee asks the Government to provide detailed information on the practical application of articles 38(f) and 65 of the Law on the Organization and Functions of the Labour and Social Security Sector.

Article 19, paragraph 1.  Please indicate whether, as laid down in this provision, measures are taken to ensure that the labour inspectorate is notified of occupational accidents and cases of occupational disease occurring in the agricultural sector. If so, please describe the manner in which the information is communicated. If not, the Government is requested to take the necessary measures to this end and to keep the ILO informed of progress made.

Article 20(b).  Please indicate the penalties or disciplinary measures applicable to labour inspectors who, in violation of this provision, reveal manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties.

Article 24.  The Committee would be grateful if the Government would indicate the penalties imposed for obstructing labour inspectors in the performance of their duties.

Article 26, paragraph 1.  Recalling that the annual inspection report should be published and communicated to the ILO in the form and within the time limits prescribed by this provision, the Committee would be grateful if the Government would indicate whether the report prepared by the General Labour Inspection Directorate has been published officially and is accessible to any interested party and, if not, to ensure that the necessary measures are taken to this end.

The Committee also requests the Government to supply detailed information on the measures taken or envisaged to give effect in law and in practice to the following provisions of the Convention: Article 6, paragraph 1(b) and (c); Article 8, paragraph 1; Article 12, paragraph 1; Article 13; Article 15, paragraph 1(a) and (b); Article 16, paragraphs 1(b), (c)(iii), and 2; Article 17; Article 19, paragraph 2; Article 21 and Article 22. The Committee would be grateful if the Government would also communicate a copy of any relevant texts.