Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

El Salvador

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1995)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1995)

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.