Labour Inspection Convention, 1947 (No. 81) - 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 2016, published 106th ILC session (2017)

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

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

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

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

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

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

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

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

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

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

Article 7(3) of the Convention. Adequate training for labour inspectors for the performance of their duties. The Committee notes the detailed information sent by the Government in reply to its previous comments on the training activities conducted under the “Project to Strengthen Public Service Systems in Ministries of Labour – PROFIL/ILO”, which ended in 2011. The Committee requests the Government to send information on the training activities organized for labour inspectors taking up their duties, and on the measures adopted to ensure periodical training for labour inspectors in the course of employment.

Article 14. Notification to the labour inspectorate of occupational accidents and cases of occupational disease. In its previous comments, the committee requested the Government to ensure that provisions were adopted in order to determine the cases and the manner in which occupational accidents and instances of occupational disease are to be notified to the labour inspectorate. The Committee notes the information sent by the Government regarding the notification of occupational accidents and cases of occupational disease to the General Directorate of Social Welfare of the Ministry of Labour and Social Welfare. The Committee once again requests the Government to take the necessary steps to determine the cases and manner in which labour inspectors are to be notified of occupational accidents and instances of occupational disease, in accordance with the provisions of this Article of the Convention.

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

The Committee takes note of the observations of the Trade Union of Men and Women Workers of the Ministry of Labour and Social Welfare (SITRAMITPS), received on 11 February 2013.

Articles 6 and 15(a) of the Convention. Legal status, conditions of service and probity of labour inspectors. Public authorities’ consideration of the function of inspectors. The Committee notes that the SITRAMITPS alleges non observance of Article 6 of the Convention and clauses 10 and 30 of the collective agreement signed with the Ministry of Labour and Social Welfare. It also alleges aggressive and demeaning treatment on the part of the administrative authority towards labour inspectors. The SITRAMITPS further asserts that labour inspectors have been branded as corrupt yet none of them have been summoned before the courts for behaviour of this kind, and that they have been ridiculed because of their low wages. Lastly, it alleges that there have been intimidating transfers and unpaid suspensions as well as changes of location and posts. The Committee notes these allegations with concern and requests that the Government send its comments on the matter.

Status and conditions of service. The Committee recalls that in its previous comments, it asked the Government to provide information on any progress made as regards recognizing labour inspectors as public officials, and assuring them of stability of employment and career prospects. The Government indicates in its report that since 2013, labour inspectors have been covered by the system of payment established in the Wages Act, which guarantees them stability of employment. It further understands from the explanations provided by the Government that labour inspectors are public servants covered by the Civil Service Act, which provides that they may not be relieved of their duties or dismissed, except on the grounds and through the procedures established by law. It further notes the Government’s indications that the Civil Service Act provides for the selection to the public service and the eligibility for promotion based on merits and the aptitude of candidates.

However, the Committee also notes that section 4 of the Civil Service Act establishes that any person who is appointed under the contract system and who provides services of a permanent nature that pertain to the functioning of public institutions (except for those expressly excluded by the same provision on careers in the administration), shall be included in careers in the administration and entitled to promotion or advancement as provided in section 33 of the Civil Service Act. The Committee requests the Government to provide information on the number of labour inspectors that enjoy the status of public servants, and those that are appointed under the contract system. The Committee also requests the Government to specify the nature and duration of the contracts of labour inspectors who are covered by the contract system (i.e. whether they have permanent contracts, or whether they are employed under fixed-term contracts). It further requests the Government to specify the conditions of service of labour inspectors that are public servants and those that are appointed under the contract system. Please also provide information on the level of remuneration of labour inspectors in relation to other public servants exercising similar functions.

Articles 12(1)(a)(b) and (2), and 17. Freedom of labour inspectors to enter workplaces, notification of presence and discretion to decide on the treatment of infringements. In its previous comments, the Committee noted that draft amendments to the Act on the Organization and Functions of the Labour and Social Security Sector (LOFT) introduced to bring it into line with the provisions of the Convention were under examination by the Higher Labour Council. The Committee requested that the Government take the necessary measures to ensure that the draft amendment of the LOFT was adopted in the near future and reflected the points raised. The Committee notes that in its report the Government indicates that the preliminary draft of the Act to Regulate the Labour Sector and Social Welfare, which is to replace the LOFT, is under examination by the Labour and Social Welfare Committee of the Legislative Assembly. The Committee observes that the abovementioned draft, attached to the Government’s report, does not reflect the comments the Committee has been making for several years on the need to adopt legislation to provide a basis in law for the rights of labour inspectors in accordance with the Convention (Articles 12(1)(a)), 12(1)(b), 12(2) and 17). The Committee invites the Government to ensure that the draft of the Act to be adopted to replace the LOFT is in conformity with the provisions of the Convention referred to above and takes into account the Committee’s comments. It requests the Governments to report on all developments in this regard.

Articles 19, 20 and 21. Periodical reports and annual inspection report. The Committee recalls that for many years it has been asking the Government to take the necessary steps to give effect to Articles 20 and 21 of the Convention. In its previous comments, it expressed the hope that the measures adopted to improve the electronic case management system (SEMC) would help the local inspection offices in the preparation of the periodical reports on the results of their activities and that such reports would be used as a basis for the annual inspection report to be published and transmitted to the ILO. The Committee takes special note of the tables sent by the Government showing the most frequent breaches of the Labour Code and the General Act on Risk Prevention, the charts on inspections and re-inspections and the number of workers covered by them, on the fines imposed and their amounts. The Government also reports that the system suffered an irreversible breakdown and could no longer be used and that only early this year did the new system, the National Labour Inspection System (SMIT), come into operation. While noting this information, the Committee requests the Government to take all necessary measures to enable the central inspection authority to publish an annual report on the work of the labour inspection services that contains the information set out at Article 21(a)–(g) of the Convention, and to ensure that the report is transmitted to the Office within the time limits set in Article 20. The Committee also requests that the Government send copies of the periodical report produced by the local inspection offices.

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

[The Government is asked to reply in detail to the present comments in 2016.]

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

Article 7(2) and (3) of the Convention. Training of labour inspectors. The Committee notes with interest the information on the training activities conducted for labour inspectors and occupational safety technicians under the “Project to strengthen public service systems in ministries of labour – PROFIL/OIT”. The Committee would be grateful if the Government would continue to provide information on the abovementioned activities and on their impact in terms of meeting objectives.

The Committee once again asks the Government to provide a copy of the document containing the code of ethics for labour inspectors, which was likewise prepared in the context of the abovementioned project.

Inspection of child labour in industrial and commercial establishments liable to inspection. With reference to its previous comments, the Committee asks the Government to provide numerical data on the labour inspection activities aiming to protect children, and particularly on inspection visits, indicating the number of children concerned, the infringements detected (indicating the legal provisions to which they relate) and the penalties imposed.

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

Articles 6, 7, 12(1)(a), (b) and (c)(i) and (2), and Article 17(2) of the Convention. Status and conditions of service of labour inspectors: scope of inspectors’ right to enter workplaces and their authority to investigate; freedom of inspectors to decide to issue warnings or advice instead of instituting or recommending proceedings. The Committee notes with interest the information sent by the Government to the effect that measures have been taken to promote the scheduling of night visits by inspectors, and the attached standard reports for night inspections. It also notes that according to the Government the Ministry of Labour and Social Welfare, with technical and financial support from the ILO in the context of the project “Verification of the implementation of the White Paper recommendations”, is pursuing its work to amend the Act on the organization and functions of the labour and social security sector (LOFT) so as to bring the law into line with the provisions of the Convention. The Government states that the draft amendments are currently under examination by the Higher Labour Council, which is tripartite. The Committee refers to its previous comments on the need to: (i) provide a basis in law for the right of labour inspectors to enter freely at any hour of the day or night any workplace liable to inspection (Article 12(1)(a)), and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection (Article 12(1)(b)); (ii) to abolish the requirement for the employer, the workers or their representatives to be present during the inspection; and (iii) to authorize labour inspectors not to notify the employer or his representative of their presence if they consider this preferable in the interests of effective supervision. The Committee requests the Government to take the necessary steps to ensure that the draft amendment of the LOFT reflecting the points raised is adopted shortly, and to send a copy of it to the Office.

Further to its previous comments, the Committee also asks the Government to keep the Office informed of any progress made in the revision of the LOFT regarding the following: (i) recognizing labour inspectors as public officials and assuring them of stability of employment and career prospects (category I inspectors, category II inspectors, supervisors) (Article 6); (ii) recruiting inspectors by competition (Article 7); (iii) discretion of labour inspectors to give offenders warning or advice before envisaging proceedings (Article 17(2)).

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. In its previous comments the Committee referred to the need for the labour inspectorate to be informed of industrial accidents and instances of occupational disease with a view to preventing occupational risks. The Committee notes that according to section 8 of the Act on the general prevention of risks at work (LPRT), the programme on management of the prevention of occupational risks in enterprises must provide for an up-to-date record of accidents and other dangerous incidents. It also notes that according to LPRT section 66, injuries caused by occupational accidents must be notified in writing to the General Directorate of Social Welfare within 72 hours and all fatal accidents must be notified immediately to the same Directorate. Furthermore, the Government indicates that in order to give effect to the provision of section 66 and facilitate their application by employers, the Ministry of Labour and Social Welfare has set up a National System for the Notification of Occupational Accidents (SNNAT). The Committee refers to paragraph 118 of its 2006 General Survey on labour inspection, and points out that it is vital that formal mechanisms be put in place to provide the labour inspection service with the data it needs to identify high-risk activities and the most vulnerable categories of workers and to carry out research into the causes of occupational accidents and diseases in establishments and enterprises liable to inspection. The Committee therefore urges the Government to ensure that measures are taken to define the instances of occupational accidents and diseases to be notified to the labour inspectorate and the procedure for doing so. The Government is asked to provide copies of any texts adopted in this connection.

Articles 19, 20 and 21. Publication and communication to the ILO of an annual inspection report. The Committee notes that significant progress has been made with the electronic case management system (SEMC). It notes with interest that the system has been installed in the 14 departmental offices, that an electronic register of cases is now operational, that the inspection visit procedures, the standard report forms and the method for treating cases have been revised and standardized and that reports and charts have been drawn up. The Government also indicates that with technical and financial support from the ILO it is working on a yearbook of labour statistics which should contain information on all the Ministry’s activities, including labour inspection. The Committee hopes that the measures taken to improve the SEMC will help the local inspection offices in the preparation of the periodical reports on the results of their activities required by Article 19, and that such reports will be used by the central inspection authority as a basis for the annual report to be published and transmitted to the ILO in accordance with the provisions of Articles 20 and 21. The Committee reminds the Government in this connection of the guidance to be found in Part IV of Recommendation No. 81 as to how the information required by Article 21 might be presented.

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

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

International cooperation and ILO technical assistance. The Committee notes with interest that a labour inspection reform has been undertaken as a result of recommendations made following a diagnosis that the Office carried out as part of regional cooperation project RLA/07/04M/USA for the strengthening of labour administration systems.

The Committee notes with interest: (a) the adoption of the General Act on the Prevention of Risks in the Workplace (LPRT) issued by Decree No. 254 of 21 January 2010, published in the Official Journal of 5 May 2010; (b) the current revision of the Act on the Organization and Running of the Labour and Social Welfare Sector (LOFT); (c) the current preparation of a code of ethics for labour inspectors; (d) the restructuring of the labour inspectorate involving the merger, within the Directorate General of Inspection, of the two bodies responsible for the supervision of conditions of work in general and occupational safety and health; and (e) a pilot project to standardize labour inspection procedures in these areas, scheduled for implementation between July 2010 and February 2011.

The Committee notes with interest that the LPRT meets the Convention’s requirements on the following points: (i) establishment of an obligation to notify the labour inspectorate within 72 hours of any industrial accident and, immediately and without delay, of any serious or lethal accident (Article 14 of the Convention); (ii) classification of offences (minor, serious, very serious) and establishment of penalties calculated on the basis of the minimum wage for the various categories of offence (Article 18); and (iii) establishment of an occupational safety and health committee (composed of workers’ and employers’ representatives) in enterprises employing 15 or more workers and enterprises engaging in activities of a kind requiring such a body (Article 5 of the Convention and Part II of the Labour Inspection Recommendation, 1947 (No. 81)). The Committee would be grateful if the Government would take the necessary steps to ensure that the legislation is likewise brought into conformity with Article 14 of the Convention as concerns notification to the labour inspectorate of cases of occupational disease. It asks the Government to keep the Office informed of developments in this matter, to provide a copy of any texts adopted and to send a detailed description, with supporting documentation, of the procedures for declaring relevant industrial accidents and cases of occupational disease and notifying them to the labour inspectorate.

According to the Government, besides the progress consisting in the establishment, in the LPRT, of sanctions that are proportionate to the nature and seriousness of the offence (Article 18), the revision of the LOFT should likewise bring the legislation into line with the Convention as requested by the Committee by: (i) giving labour inspectors public official status and assuring them of stability of employment, as well as career prospects (category I inspectors, category II inspectors, supervisors) (Article 6); (ii) providing for the recruitment of labour inspectors by competition (Article 7); (iii) empowering inspectors to enter at any hour of the day or night workplaces liable to inspection (Article 12(1)(a)); (iv) abolishing the requirement for the employer, the workers or their representatives to be present during the inspection (Article 12(c)(i)); and (v) allowing labour inspectors the discretion to give warning and advice to offenders before envisaging the initiation of proceedings (Article 17(2)). The Committee requests the Government to take all necessary steps to bring the law and practice into line with the abovementioned provisions and with
Article 12(2), which allows inspectors not to notify the employer or his representative of their presence if they consider that such notification may be prejudicial to the performance of their duties.

In addition, the Committee requests the Government to ensure both in law and in practice that labour inspectors are not assigned any further duties – for example tasks relating to dispute settlement – that are liable to interfere with or obstruct the effective discharge of their primary duties (Article 3(2) and Part III of Recommendation No. 81).

The Government is requested to keep the ILO informed of any progress in the above areas and to provide copies of any texts or relevant documents, including a copy of the code of ethics referred to in the Government’s report on the application of the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Articles 20 and 21 of the Convention. Publication and communication to the ILO of an annual inspection report. The Committee notes the information sent by the Government including on the number of labour inspectors, the number of workplaces visited between 2006 and 2009, the number of offences reported during the same period and the penalties imposed. It reminds the Government that such information, along with data on the other subjects set forth in Article 21, should be published in the form of an annual report a copy of which should be sent to the ILO. The Committee requests the Government once again to ensure that the central labour inspection authority publishes and sends to the Office within the deadline set in Article 20, an annual report containing the information required by Article 21(a)–(g).

Labour inspection and child labour. The Committee notes that according to the Government, the supervision of child labour is an integral part of the inspections carried out in all economic sectors. The Committee again asks the Government to send detailed information on the supervision of the application of the legal provisions on child labour in industrial and commercial establishments, and to ensure that such information is included regularly, and separately, in the annual inspection report.

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

Referring also to its observation, the Committee draws the Government’s attention to the following points.

Articles 2 and 23 of the Convention. Scope of the labour inspection system. According to data from the Salvadorian Social Security Institute (ISS), the number of workplaces liable to labour inspection is 29,630, and the number of workers employed therein is 112,212. The Committee requests the Government to indicate whether these figures refer to industrial and commercial establishments covered by the Convention and the workers employed therein. If not, it would be grateful if the Government would supply further information on industrial and commercial establishments, particularly with regard to their geographical distribution.

Article 4. Structure of the labour inspection system. The Committee notes the Government’s statement that it is planned to merge the department for the inspection of occupational safety and health with the directorate-general of labour inspection in the same ministry. It requests the Government to provide information on any developments in this area and send copies of any relevant documents, where applicable.

Articles 7, 8 and 10. Numbers of male and female inspectors. The Committee notes that, according to the Government’s statements in its report, 138 inspectors responsible for industrial relations and 76 inspectors responsible for occupational safety and hygiene were recruited in 2006 and 2007. However, it notes that the table included in the report refers to a total of 117 inspectors and 67 occupational safety and hygiene technical inspectors. The Committee would be grateful if the Government would provide further information with regard to the composition of serving inspection staff, including the distribution by grade of male and female inspectors. It also requests the Government to describe the activities which comprise the training module entitled “Social audit for labour inspectors” (“auditoria social para los inspectores de trabajo”).

Article 11. Means of action and conditions of work of labour inspectors. The Committee notes that, since November 2007, the Ministry of Labour and Social Welfare has had new facilities and more space, which has enabled the of its central offices to be grouped together in a single location and facilitated the necessary coordination between the different departments. The labour inspectorate and the occupational safety inspectorate now conduct joint inspection visits. In addition, the increase in the ministry’s budget has made for improvements in the conditions of work of inspectors, particularly in the form of additional furniture (chairs, tables for meetings), and also stationery and office equipment. The Committee also notes with interest an increase in their transport facilities. The Committee would be grateful if the Government would describe the resources and/or transport facilities for labour inspectors and state their geographical distribution.

The Committee also requests the Government to indicate the impact of improved conditions of work on the functioning of the labour inspectorate and also on the results thereof in the next reporting period.

Article 17, paragraph 2. Labour inspectors’ discretionary choice of action to follow up reported infringements. Further to its previous comments and noting that, according to the Government, it is at the discretion of inspectors to decide whether to give warnings or advice to persons who have infringed the legislation to be enforced instead of instituting or recommending proceedings, the Committee would be grateful if the Government would send copies of any relevant legal texts. If these do not exist, it requests the Government to take steps to establish this power of discretion in the legislation so that it can be exercised uniformly throughout the country.

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

The Committee notes the information contained in the Government’s report in reply to its previous comments. It draws the Government’s attention to the following points.

International cooperation and ILO technical assistance. The Committee notes that an assessment of the labour inspection situation was conducted by the ILO as part of project RLA/07/04M/USA on the strengthening of civil service systems in the Ministries of Labour of Honduras and El Salvador. It would be grateful if the Government would provide information on any action contemplated or taken as a follow-up to the recommendations resulting from this assessment.

Article 6 of the Convention. Status and conditions of service of labour inspectors. With reference to its previous comments on the need to take measures promptly to ensure that labour inspectors have stability of employment and are independent of changes of government and of improper external influences, the Committee notes with interest that a project to integrate the region’s labour inspectors into the administrative career system will be implemented by the ILO regional office with international financial support. The Committee expresses the firm hope that the Government will ensure that steps are taken in practice in the context of this project so that labour inspectors are governed by specific conditions of service such that they are assured of the stability of employment and independence required by the Convention, and that their career prospects are such as to attract and retain qualified and motivated staff in the inspection services. It requests the Government to keep the ILO informed of all progress made in this regard and to send copies of any relevant legislative texts.

Article 12, paragraph 1(a) and (b). Scope of inspectors’ right of entry to workplaces. In the comments which it has been making for a number of years, the Committee requests the Government to take the necessary measures to give a legal basis to inspectors’ right of access to workplaces, as prescribed by the Convention, namely to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection (clause (a)), and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection (clause (b)). The Government states once again in its report that inspectors’ right of free entry to workplaces liable to inspection, established by section 38 of the Act concerning the structure and functions of the labour and social security sector, extends to night work according to the activities of the enterprise. The Committee cannot overemphasize the need to give legal authorization to inspectors to exercise their right of free entry to workplaces liable to inspection, regardless of the hours of work of those establishments. It draws the Government’s attention to paragraph 270 of its General Survey of 2006 on labour inspection in which it emphasizes that the purpose of the above provisions of the Convention is to allow inspectors to carry out inspections, where necessary and possible, to enforce the application of legal provisions relating to conditions of work. The Committee is of the view that the protection of workers and the technical requirements for inspection should be the primordial criteria in determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped. It therefore requests the Government to take the necessary steps without delay to bring the legislation into conformity with the Convention and to send copies of any text drafted or adopted to this end. The Committee would be grateful if the Government would supply copies, as stated in its report, of reports of inspections undertaken at night.

Article 12, paragraphs 1(c)(i) and 2. Scope of the powers of labour inspectors to investigate and notification of their presence at the workplace. With reference to the comments which it has been making since 2001, the Committee notes the Government’s new explanations to the effect that section 47 of the Act on the structure and functions of the labour and social security sector, under which inspections are carried out with the participation of the employer, the workers or their representatives, aims to give transparency to inspections. The Committee is bound to repeat that the obligation thus placed on the inspector to carry out inspections with the employer, the workers or their representatives clearly constitutes an obstacle to the freedom of investigation prescribed by the Convention and also to the freedom of expression and spontaneity of the statements made by the persons questioned, particularly workers, and that it is therefore prejudicial to the effectiveness of the inspection. The Committee emphasizes in paragraph 275 of the above General Survey that to ensure that statements are as spontaneous and reliable as possible, it is essential for labour inspectors to exercise their own judgement as to whether to carry out confidential interviews where this is required by the subject of the interview. In this way, inspectors can avoid embarrassing the employer or his or her representative in front of the workers or, conversely, exposing workers to the risk of reprisals. It also reminds the Government that, in accordance with the terms of Article 12, paragraph 2, a labour inspector should be authorized not to notify the employer or his representative of his presence, if he considers this preferable in order to ensure the effectiveness of the inspection. The Committee therefore requests the Government once again to ensure that the legislation is rapidly brought into conformity with the letter and spirit of these provisions of the Convention. It hopes that the Government will provide the ILO with relevant information, together with any related legislative texts.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. With reference to its previous comments on this matter, the Committee notes that the draft general law on the prevention of occupational risks is still under discussion in the competent committee of the Legislative Assembly. It also notes that, in practice, the services responsible for the inspection of occupational safety and health require enterprises to notify and record industrial accidents and cases of occupational disease. Inviting the Government to refer to paragraph 118 of the above General Survey concerning the importance of the preventive function of labour inspection, the Committee draws its attention once again to its general observation of 1996 concerning the publication by the ILO of a code of practice on the recording and notification of occupational accidents and diseases in order to provide member States with guidance in this area. It hopes that the Government will not fail to ensure, in the discussions of the draft general law on the prevention of occupational risks, that the national legislation defines the cases and the manner in which the labour inspectorate must be informed of industrial accidents and cases of occupational disease, and that it will keep the ILO informed of all developments in this regard and of the adoption of any relevant texts.

Article 18. Adequate penalties. While noting the information provided by the Government with regard to criteria for the imposition of fines, the Committee refers to paragraph 295 of the General Survey in which it emphasizes the importance of ensuring that fines retain a sufficiently deterrent character despite monetary fluctuations, so that employers do not prefer to pay fines as a less costly alternative to taking the necessary measures to ensure compliance with the legal provisions on working conditions and the protection of workers. It requests the Government to take the necessary steps rapidly to establish an appropriate method for the adjustment of the amounts of fines applicable for the violation of legal provisions enforced by labour inspectors or for obstructing inspectors in the discharge of their duties. The Committee would be grateful if the Government would provide information in its next report on the measures taken and copies of any related documents.

Articles 20 and 21. Publication and communication to the ILO of an annual inspection report. The Committee notes that, despite its repeated requests, no annual inspection report as required by these provisions of the Convention has been sent to the ILO since the ratification of the Convention in 1995. The Committee trusts that the Government, in the context of international cooperation and the technical assistance which it receives from the ILO, will take the necessary steps to ensure that the central inspection authority publishes and communicates to the ILO, within the deadlines prescribed by Article 20, an annual report containing the information required by Article 21(a) to (g).

Labour inspection and child labour. The Committee notes that the statistics supplied by the Government on inspections targeting child labour, and also in relation to prevention and awareness-raising activities in this field, in 2006 and 2007 relate in particular to the agricultural sector. The Committee requests the Government to take steps to ensure that information on enforcement by the labour inspectorate of the legal provisions relating to child labour in industrial and commercial establishments is sent to the Office and is included in a separate section in the annual inspection report.

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

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

The Committee refers the Government to its observation and takes note of the reorganization of the Ministry of Labour and the restructuring of the Labour Inspectorate. It also notes the Government’s statement that the procedure for supervising the provisions of the law that govern health and safety conditions and other working conditions has been revised in the interest of speed, so as to reduce user response time. The Committee hopes that the Government will keep the ILO duly informed of progress made in this respect and that it will not fail to provide copies of any relevant texts.

Article 3, paragraph 2, of the Convention. Elimination of certain additional duties in the interest of primary inspection duties. With reference to its previous comments, the Committee notes with interest that certain tasks, such as reckoning the benefits due to workers and the dispatch of end-of-contract documents, assigned under section 402 of the Labour Code to the Labour Inspection General Directorate, are now carried out by administrative staff. It requests the Government to provide information on how this reduced workload has affected the volume and quality of the activities carried out by inspectors as part of their primary duties as defined in Article 3, paragraph 1, of the Convention.

Article 6. Status and conditions of service of labour inspectors. While noting the Government’s view, the Committee is still of the opinion that a contract limiting an inspector’s appointment to one year, even if it is renewable, is contrary to the Convention. It invites the Government to refer to its comments on the matter in paragraphs 203 to 221 of its General Survey of 2006 on labour inspection and again requests it to take measures promptly to ensure that the status and conditions of service of labour inspectors are such that they are assured of stability of employment and are independent of changes of government and of improper external influences, and to keep the ILO informed.

Articles 7, 10, 11 and 21(c). Human resources, means of action and volume of inspection activities. The Committee notes that the Labour Inspectorate is composed of 45 safety and health inspectors and 88 inspectors responsible for all other areas, and that a special training programme adapted according to seniority has been implemented to further develop their skills. It notes with interest that, thanks to a substantial increase in the budget of the Ministry of Labour and Social Welfare, more than 150 inspectors for labour and safety at work are to be recruited. The Committee would be grateful if in its next report the Government would provide detailed information on: (i) changes in the strength of the Labour Inspectorate and the coverage of workplaces; (ii) the content of the training for inspectors, the length of the courses and the staff concerned; (iii) the number and geographical distribution of workplaces subject to inspection and the workers employed in them; and (iv) the practical effects of the increase in the Ministry’s budget, in terms of material resources, office automation and transport for labour inspectors.

Article 8. Inspectorate staff to comprise men and women. With reference to its previous comments, the Committee notes that of a total of 113 labour inspectors, 59 are women. It would be grateful if the Government would send full information on this subject, including a breakdown by grade of men and women inspectors.

Article 14. Reporting of industrial accidents and cases of occupational disease to the Labour Inspectorate. The Committee notes that a process has begun to amend and strengthen the legal provisions on occupational health and safety. It notes with interest that the Bill on the prevention of occupational risks establishes a requirement to notify the Labour Inspectorate within 72 hours of any occupational accident and, immediately and without delay, of any serious or fatal accident. The Committee hopes that the Government will not fail to keep the Office informed of the status of the abovementioned Bill and asks it to indicate how it gives effect, or plans to give effect, to Article 14 of the Convention regarding the notification of cases of occupational disease to the Labour Inspectorate.

Article 17, paragraph 2. Action taken on infringements to be at labour inspectors’ discretion. The Committee once again asks the Government to state whether, as this provision requires, it is left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings. If not, it would be grateful if the Government would take steps to bring the legislation into line with the Convention in this respect and to keep the ILO duly informed.

Article 18. Adequate penalties. The Committee would be grateful if the Government would provide information in its next report on the measures taken to ensure that the penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties remain adequate, i.e. dissuasive. Please also provide copies of any relevant texts.

Articles 20 and 21. Annual inspection report. The Committee notes with interest that, via its web site (www.mtps.gov.sv), the Government disseminates information and statistics on labour inspection: number of persons employed in industrial and commercial establishments with at least five employees; number and purpose of inspections between 2000 and 2004 and number of workers covered; number and total amount of fines imposed in certain departments of the country; number of occupational accidents, etc. Although this information does not give a complete picture of how the inspection system as a whole works over a reference period, it is clear that the capacity to compile data and statistics has been developed substantially, and that their dissemination over the Internet make such data available to the social partners and to other interested administrative bodies and institutions giving them the opportunity to express their views on the working of the inspection system. The Committee hopes that in its next report the Government will be in a position to inform it that progress has been made in giving effect to Articles 20 and 21 through the publication and communication to the ILO, by the central inspection authority, within the prescribed period, an annual report on the work of the inspection services containing the information set out under each of the points in Article 21.

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

The Committee notes the Government’s report and the handbook for labour inspectors on combating the worst forms of child labour, produced in cooperation with the ILO and the International Association of Labour Inspectors (IALI) and adapted to El Salvador. It also notes the audit of the Ministry of Labour carried out in 2002 in the context of the MATAC/ILO project, and of Executive Decree No. 53 of 5 June 1996 issuing general regulations on travel allowances.

1. Article 12, paragraph 1(a) and (b), of the Convention. Scope of inspectors’ freedom of access to workplaces. Further to its previous comments, the Committee draws the Government’s attention to paragraph 270 of its General Survey of 2005 on labour inspection, in which it sets forth the reasons for giving inspectors freedom of access to workplaces as required in Conventions Nos. 81 and 129. It noted in that paragraph that the conditions for the exercise of the right of free entry to workplaces are intended to allow inspectors to carry out inspections, where necessary and possible, to enforce the application of legal provisions relating to conditions of work. The Committee is of the view that the protection of workers and the technical requirements for inspection should be the primordial criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped. The Committee therefore once again asks the Government to take steps to supplement the legislation so as to allow labour inspectors to enter freely, also at night, any workplaces liable to inspection and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. It hopes that the Government will provide information in its next report on any progress made in this respect.

2. Article 12, paragraphs 1(c)(i) and 2. Scope of labour inspectors’ powers. The Committee notes the Government’s explanations regarding the meaning of section 47 of the Act on the organization and functions of the labour and social security sector. It points out, however, that this provision, under which inspections are carried out with the participation of the employer, the workers or their representatives, is still ambiguous in that it allows the employer or his representative to accompany the inspector around the workplace and identify, from among the workers interviewed, those likely to have supplied the information that gave rise to an unfavourable inspection report. This clearly impairs the freedom of movement necessary to effective inspection and involves a risk of reprisal against the workers, despite the fact that, under section 38(b) of the same Act, inspectors are free to question anyone on the premises inspected, without the presence of witnesses. The Committee further reminds the Government that, according to Article 12, paragraph 1(b), of the Convention, inspectors must be allowed not to notify the employer or his representative of their presence on the occasion of an inspection visit if they consider that such notification may make the inspection less effective. Consequently, paragraph 2 of section 47 ought also to be amended in order to leave it to the inspectors’ discretion to notify their presence to the employer or his representative or any other person responsible for the establishment or workplace. The Committee therefore once again asks the Government to take steps to bring the legislation into line with the provisions of the Convention and to provide information in its next report on any progress made in this respect, together with copies of any relevant texts.

Labour inspection and child labour. The Committee notes with interest that the handbook on combating the worst forms of child labour designates labour inspectors as key players in this combat. Noting the figures concerning supervision, prevention and advocacy in this area, the Committee requests the Government to supplement this information with details of actions brought by inspectors against employers found to be breaking the law on this subject, and to ensure that relevant statistics are included regularly and separately in the annual report to be published and communicated to the ILO under Article 20 and dealing with the subjects listed at Article 21.

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

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

With reference to its observation, the Committee notes the information provided in reply to its previous comments. It notes in particular the activities undertaken with a view to the establishment of an inspection system based on appropriate legislation following the implementation of the MATAC/ILO project on the strengthening of labour administrations in Central American countries in 2002. The Committee notes that, according to the Government, the implementation of the project’s recommendations necessitates appropriate budgetary resources, the determination of a list of posts and the development of a training programme for labour inspectors. In addition, it is reported that a process of organizational and functional restructuring has been launched following a diagnosis on the labour inspection system with a view to making the operation of the labour inspection system more flexible, more effective and more professional. The Committee would be grateful if the Government would keep the ILO informed of the progress made in this process and if it would provide copies of any relevant legislation and documentation including, if possible, a copy of the diagnosis and the recommendations made.

Article 3, paragraph 1(b) and (c), of the Convention. Further to its previous comments, the Committee would be grateful if the Government would provide a copy of any legal text serving as a basis for the duties assigned to labour inspectors in relation to these provisions of the Convention.

Article 3, paragraph 2. Noting that, according to the Government’s report for the period ending 31 May 2001, labour inspectors are entrusted with the performance of certain administrative tasks, such as calculating the compensation and amounts payable to workers in the event of termination and drafting letters of resignation at the request of workers. The Committee requests the Government to indicate the manner in which it is ensured that the activities of labour inspectors are principally focused on the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and that the performance of their additional duties is not such as to interfere with or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Article 6. The Committee notes that, according to the Government, labour inspectors are covered by either a contract without limit of time or for a specified period of one year. However, in accordance with this Article of the Convention, labour inspectors should benefit from a status and conditions of service such as to assure them of stability of employment. The Government is therefore requested to take measures to bring the law and practice into conformity with the Convention on this point that is essential for the continuity of service necessary for the discharge of the duties of labour inspectors, and to keep the ILO informed.

Article 8. Noting that the access of women and men to positions as labour inspectors is subject to the same criteria and that the sex distribution of the inspection staff is relatively balanced, the Committee once again requests the Government to provide information on the distribution by sex of the staff at the various grades.

Articles 10 and 21(c). The Committee notes with interest the substantial increase in the number of labour inspectors between 2000 and 2003 and the project to recruit nine additional inspectors in 2004. The Committee requests the Government to continue providing information on this subject, while at the same time indicating the proportion of inspectors discharging duties relating to the enforcement of legal provisions on safety and health conditions and those competent in other fields. The Government is also requested to provide information on the number and geographical distribution of workplaces liable to inspection under the terms of the Convention and on the number of workers covered.

Article 11. The Committee requests the Government to indicate the manner in which it is ensured that the sums allocated to labour inspectors, under the terms of Decree No. 53 of 5 June 1996, to cover their professional travel expenses, are adjusted so as to be adapted to fluctuations in the cost of living.

Article 12, paragraph 1(a) and (b). The Committee notes that, according to the Government, the rights and powers envisaged by these provisions of the Convention are granted to inspectors as a direct effect of its ratification. However, the Committee hopes that the Government will take the necessary measures to provide a national legal basis (amendment of the law, regulations, administrative instructions or other measures) with a view to facilitating the exercise and legitimizing these rights and powers in the eyes of those interacting with the labour inspectorate. The Government is requested to provide information on any development in this respect and, where appropriate, to provide copies of any relevant text.

Article 12, paragraphs 1(c)(ii) and 2. The Committee notes that, according to the Government, section 47 of the Act organizing and determining the functions of the labour and social security sector is not contrary to paragraph 1(c) of Article 12 of the Convention. It supports this point of view by referring to section 38(b) of the Act, which provides that the labour inspector may interrogate alone, or before witnesses, the employer, the workers of the enterprise and the trade union leaders on any matters relating to the application of legal provisions. The Committee nevertheless wishes to point out once again that the provisions of section 47 of the Act, under which it is clear that the presence of the employer or her or his representative alongside the inspector is compulsory during inspections, is not in conformity with the exercise of the investigatory powers of inspectors as set out by the Convention. Indeed, in accordance with paragraph 2 of Article 12, inspectors shall be authorized to be exempt from the obligation to inform the employer or her or his representative of their presence in the workplace during an inspection where they consider that such notification may be prejudicial to the effectiveness of the inspection. The Government is therefore once again requested to take the necessary measures to amend the legislation accordingly and to keep the ILO duly informed.

Article 14. According to the information provided by the Government in its previous reports under this Convention and on Convention No. 129, the national legislation does not provide for the notification of industrial accidents or cases of occupational disease to the labour inspectorate, but to the general directorate of social insurance, which includes inspectors responsible for supervising occupational safety and health conditions and prevention at work. This notification is carried out for certain industrial accidents and cases of occupational diseases for all sectors together. Emphasizing, as it did in paragraph 86 of its 1985 General Survey on labour inspection, the importance of the notification of industrial accidents and cases of occupational diseases to the labour inspectorate with a view to the prevention of occupational risks, the Committee would be grateful if the Government would take measures rapidly to ensure that the relevant information is brought to the knowledge of the inspection services.

Article 17, paragraph 2. The Committee would be grateful if the Government would indicate whether it is left to the discretion of labour inspectors whether to give warning and advice instead of instituting or recommending proceedings. If not, the Government is requested to take measures to this end.

Article 18. With reference to its previous comments, and noting that the Government has not reported any development designed to ensure that financial penalties maintain the dissuasive nature that is indispensable to achieve compliance with the law, particularly in inflationary situations, the Committee once again requests the Government to envisage ensuring that measures are taken to put in place a sufficiently flexible and rapid procedure for the adjustment of the amounts of such penalties.

Articles 20 and 21. With reference to its previous comments and noting the hope expressed by the Government that it will be in a position to ensure the application of these two provisions, setting out the obligation of the central inspection authority to publish and communicate to the ILO an annual inspection report containing the information required by Article 21, the Committee draws the Government’s attention to the dual interest of such a report.

From the national point of view, an annual report is essential to assess the practical results of the activities of the labour inspectorate. It enables the national authorities to have at their disposal meaningful data on the application of the labour legislation and any of its shortcomings, from which they can draw useful lessons for the future. The publication of an annual report should also provide information to employers and workers and their organizations and elicit their reactions in a constructive spirit.

From an international point of view, the communication of such a report to the ILO, within the time limits set out in Article 20, is notably intended to enable the ILO’s supervisory bodies to follow developments relating to the application of the Convention and to provide useful guidance to assist the efforts made by member States with a view to progressively raising the level of achievement of the social objectives pursued by the instrument.

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

Labour inspection and child labour. The Committee notes with interest the activities carried out in the context of the International Programme on the Elimination of Child Labour. It notes in particular the establishment of a National Committee for the Elimination of Child Labour and the formulation of a National Plan based on: the collection of information; the adaptation of the legislation; education; the creation of productive alternatives for the parents of working children; support; awareness-raising; and the determination of a list of the worst forms of child labour. The Committee also notes the implementation of a programme of which the objective is the elimination within a decade of the worst forms of child labour. The general strategy of this programme is to provide education to the children concerned, support the families of working children to improve their capacities and promote the creation of micro-enterprises with a view to improving the income of the families of these children so that they do not have to have recourse to the work of children for survival. The Committee would therefore be grateful if the Government would provide detailed information on the role assigned to labour inspectors in the strategy to combat child labour and if it would provide statistics on the results of the inspection activities carried out in this area.

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

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

The Committee notes the Government’s report, the information supplied in response to its previous comments and the documents appended. The Committee notes also that, under the MATAC-ILO project, the Government receives assistance and technical cooperation for the purpose of modernizing the labour administration. It would be grateful if the Government would report on the progress of this project in terms of its implications for the application of the Convention, and provide a copy of any relevant texts adopted. In connection with its previous comments, the Committee wishes to draw the Government’s attention to the following points.

Article 3, paragraph 1, of the Convention. The Committee notes that pursuant to section 8(j) of Decree No. 682 of 11 April 1996 on the organization and functions of the labour and social security sector, the Ministry of Labour and Social Welfare is responsible for informing employers and workers about the application of labour standards. The Committee would be grateful if the Government would state whether this function comes under the labour inspectorate, as (b) of this provision requires, and whether labour inspectors are by law responsible, in accordance with (c), for bringing to the notice of the competent authority defects or abuses which are not specifically covered by existing legal provisions.

Articles 6 and 15. Noting that, according to the Government, the Act guaranteeing the right to a hearing of public employees other than those engaged in the administration of the State, ensures that labour inspectors have stability of employment and are independent of changes of government and of improper external influences. The Committee notes from the Government’s report, however, that observance of the principle of discretion prescribed by Article 15(b) is ensured by the enforcement of sections 5 and 41 of the Public Service Act. The Committee would be grateful if the Government would provide information on the nature and length of labour inspectors’ contracts and would send a copy of the Public Service Act.

Article 8. The Committee notes with interest that women account for 43 per cent of labour inspectorate posts and that they participate in the work of the interministerial committees responsible for the protection of women workers. The Committee would be grateful if the Government would provide information on the distribution by grade and sex of the entire staff of the labour inspectorate.

Article 11. The Committee takes note of the information concerning the significant improvement in the material working conditions of labour inspectors, including the service vehicles made available to them for travel in connection with work. The Committee would be grateful if the Government would indicate the number and geographical distribution of the abovementioned official vehicles and would provide a copy of the regulations on allowances to cover accommodation, transport and food costs referred to by the Government to illustrate the application of paragraph 2 of this Article.

Article 12, paragraph 1. The Committee notes that, according to the explanation given by the Government on the practical application of section 38(a) of the Act on the organization and functions of the labour and social security sector, inspection visits may be carried out by day and by night at workplaces liable to inspection but only in so far as the working hours of the establishment allow. The Committee wishes to stress the need to extend the exercise of this right of labour inspectors to any hour of the day or night as provided in the Convention, without excluding the rest periods of such establishments. Some technical controls can be carried out only when machines are not operating. Furthermore, unannounced visits during rest periods facilitate supervision of the application of legal prescriptions on the working hours and on illegal employment.

The Committee notes that the legislation does not provide, as required by (b), that labour inspectors must also be authorized to enter by day any premises which they may have reason to believe are liable to inspection. The Committee wishes to draw the Government’s attention to the case of establishments which, for one reason or another, are not registered or on record and are therefore not formally liable to inspection but which may nonetheless employ workers whose rights are covered by the labour legislation monitored by the inspection service.

The Committee notes that, according to section 47 of the Act on the organization and functions of the labour and social security sector, labour inspectors may visit a workplace only in the presence of the employer, the workers or their representatives. The Committee is of the view that this provision is contrary to paragraph 1(c), which allows inspectors to carry out enquiries either alone or in the presence of witnesses, and paragraph 2 which provides that on the occasion of an inspection visit, the labour inspector may decide whether or not it is advisable to notify the employer or his representative of his presence.

The Committee hopes that the Government will not fail to take the necessary steps, possibly through the MATAC-ILO project, to amend the legislation so as to bring it into line with paragraphs 1 and 2 of Article 12. The Government is asked to report on progress made in this regard.

Article 18. The Committee notes that the penalties for breach of the legal provisions enforceable by labour inspectors in accordance with the Convention are established by section 627 of the Labour Code and section 59 of the Act of the organization and functions of the labour and social security sector. The Committee wishes to draw attention to the advantages of ensuring that the value of fines remains sufficiently dissuasive, regardless of any currency devaluations, to encourage observance of the law. The Committee hopes that the Government will not fail to adopt measures to this end including an appropriate method for reviewing the amount of fines.

Articles 20 and 21. The Committee notes that, according to the Government, the activities report of the Directorate General of the Labour Inspectorate is officially published in the activities report of the Ministry of Labour and Social Welfare and can be accessed by all concerned. The Committee notes, however, that such a report is not sent to the ILO, and hopes that it will be sent in the near future and will contain information on every item set out in (a) to (g) of Article 21.

Labour inspection and child labour. Noting that the Government has recently ratified an ILO Memorandum of Understanding on the elimination of child labour, the Committee asks the Government to provide information on the effect given to the above agreement in practice, and to ensure that relevant statistics are included in annual inspection reports.

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

The Committee notes the Government’s reports. It requests the Government to provide further information on the following points.

Article 3(1)(b) and (c), of the Convention.  Please indicate specific provisions of the national legislation giving effect to these provisions of the Convention.

Article 6.  Please indicate how it is ensured that labour inspectors are independent of changes of government and of improper external influences.

Article 8.  Please indicate the proportion of women inspectors and the special duties entrusted to them.

Article 10.  Please indicate the actual number of labour inspectors and particulars of the geographical distribution of the inspection staff.

Article 11(1) and (2).  Please indicate specific arrangements made to give effect to these provisions of the Convention, including details on the transport facilities available to inspectors for the performance of their duties.

Article 12(1)(a).  The Committee notes that, under section 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 working hours any workplace liable to inspection, and not "at any hour of the day or night" as provided by this provision. The Committee asks the Government to indicate measures undertaken or envisaged to bring section 38(a) into conformity with this provision of the Convention.

Article 12(1)(b) and (c)(iv).  Please indicate how effect is given to these provisions of the Convention.

Article 12(2).  The Committee notes that, under sections 39(a) and 47 of the Law on the Organization and Functions of the Labour and Social Security Sector, labour inspectors are not free to decide whether to notify the employer or his representative of their presence. The Committee asks the Government to indicate measures undertaken or envisaged to bring the provisions of the law into conformity with the Convention so that inspectors are free to decide for themselves whether or not to notify the employer or his representative of their presence on visiting establishments

Article 13(2)(a) and (b).  Please provide information on the practical application of sections 38(f) and 65 of the Law on the Organization and Functions of the Labour and Social Security Sector.

Article 14.  Please indicate whether and, if so, how the General Directorate of the Labour Inspection is notified of industrial accidents and cases of occupational disease.

Article 15(b).  The Committee asks the Government to indicate the penalties or disciplinary measures prescribed for revealing by labour inspectors of manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties.

Article 16.  Please indicate specific measures taken to ensure adequate frequency and thoroughness of inspection visits.

Article 17(2).  Please indicate whether and, if so, how national laws or regulations give effect to this provision of the Convention.

Article 18.  Please provide information on the penalties prescribed for obstructing labour inspectors in the performance of their duties.

Article 20(1).  Please indicate whether the report on the activities conducted by the General Directorate of the Labour Inspection is officially published, and accessible to those interested.