Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 81) sur l'inspection du travail, 1947 - El Salvador (Ratification: 1995)

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.]