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

Convention (n° 81) sur l'inspection du travail, 1947 - Paraguay (Ratification: 1967)

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The Committee notes the observations of the Ibero-American Confederation of Labour Inspectors (CIIT), received on 31 August and 5 September 2023. The Committee requests the Government to provide its comments in this respect.

Articles 6 and 7 of the Convention. Status, conditions of service and recruitment of labour inspectors. Further to its previous comments, the Committee notes the information provided by the Government that: (i) pursuant to Act No. 5554 of 2016 approving the National General Budget for 2016, the Public Service Secretariat established a policy to improve job security for contract staff in the public service with a minimum of four years of uninterrupted service (section 51); and (ii) in December 2021, the Ministry of Labour, Employment and Social Security (MTESS) launched the job security improvement process whereby contract staff were appointed as MTESS officials.

It further notes the allegation by the CIIT in its observations that: (i) labour inspectors recruited in 2015 were recruited through a merit-based competition (a procedure laid down in section 8 of Decree No. 3857 of 2015) and not a competitive selection process for permanent positions; (ii) after passing the merit-based competition in 2015, labour inspectors were employed on annual service contracts and, therefore, have the status of self-employed workers providing civil or commercial services for the MTESS; (iii) the process to improve job security for labour inspection staff has not been completed; of the 19 inspectors still performing functions, only 8 have job stability, while the remaining 11 inspectors continue to work on annual contracts; and (iv) the salaries of inspectors have not been increased since 2015, which has caused a loss in their purchasing power and discouraged inspection staff from remaining in post. The Committee requests the Government to continue to provide information on the measures taken to ensure that the status and conditions of service of labour inspectors secure them stability of employment, including the measures adopted to ensure that all labour inspectors are appointed on a permanent basis as public officials, in accordance with Article 6. . In this respect, it requests the Government to indicate the contractual arrangements for currently employed labour inspectors. Furthermore, the Committee once again requests the Government to provide information on the salary and benefits structure applicable to labour inspectors in relation to the salary and benefits structure of public servants who perform similar functions, such as tax inspectors or the police.

Articles 10 and 11. Number of labour inspectors. Material conditions of work. Further to its previous comments, the Committee notes the Government’s indication in its report that the possibility of increasing the number of labour inspectors depends upon the budget allocated to the Ministry of Labour, Employment and Social Security (MTESS) under the overall national budget. The Government adds that increasing the number of inspectors entails not only the cost of their salaries, but also the associated costs of training, equipment and means of transport necessary for the performance of their duties.

The Committee also notes the allegation of the CIIT that: (i) of the 30 inspectors recruited in 2015 only 19 remain in post, of whom 13 are assigned to the capital, Asunción, three to the department of Alto Paraná, one each to the departments of Cordillera, Paraguarí and Ñeembucú and none to the remaining 12 departments; and (ii) the labour inspection services have no vehicles for the performance of their duties. The Committee urges the Government to take the necessary measures to ensure that the number of serving labour inspectors is sufficient to ensure the efficient functioning of the inspection services, and to provide labour inspectors with suitably equipped offices and the means of transport necessary for the performance of their duties. It requests the Government to continue to provide information on the measures taken to this end, including the number of labour inspectors assigned to each of the departments, as well as the number of offices and means of transport available to inspectors for the performance of their duties.

Articles 12(1)(a), (c)(ii), 16 and 18. Restrictions on the initiative of labour inspectors freely to enter workplaces liable to inspection. Limitations on carrying out labour inspections. The Committee notes with concern that the necessary steps have not been taken to amend MTESS Resolutions Nos 47 of 2016 and 56 of 2017, which restrict the powers of labour inspectors and the conduct of inspections, relating to inspection procedure to ensure compliance with labour, social security and safety and health standards.

The Committee also notes the information provided by the Government on: (i) the adoption of MTESS Resolution No. 217 of 2021 establishing the procedure for monitoring and administrative investigation in relation to reported occurrences of child labour; (ii) in accordance with clause 2 of the aforementioned Resolution, labour inspectors are empowered to enter freely and without prior notice at any hour of the day or night any workplace liable to inspection if they have a specific monitoring warrant; (iii) pursuant to sections 3 and 4 of MTESS Resolution No. 29 of 2023, inspection actions, including the requirement to present the mandatory labour-related documents and inspection visits, may only be undertaken if authorized by an inspection order issued by the highest MTESS authority. With reference to its General Observation of 2019 on the labour inspection Conventions, the Committee once again urges the Government to bring its national legislation into full conformity with the Convention. Specifically, it requests the Government to adopt without delay the necessary measures to ensure that labour inspectors with proper credentials may: (i) enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, without requiring prior authorization from a higher authority (Article 12(1)(a)); and (ii) undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the relevant leal provisions (Article 16).

In this respect, the Committee requests the Government to provide information on the progress of the draft amendment to Resolutions Nos 47 of 2016 and 56 of 2017, as well as the amendment to Resolutions Nos 217 of 2021 and 29 of 2023. It also requests the Government to provide statistics on the number of inspection visits undertaken without previous notice by labour inspectors, as well as statistics on the number of penalties actually applied.

Lastly, the Committee notes that in its observations, the CIIT expresses its concern at the announcement made by the new Government, through MTESS Resolution No. 29 of 2023, that labour inspections would be suspended for an indefinite period. The Committee requests the Government to provide its comments in this respect.

In light of the situation described above, the Committee notes with deep concern the failure of the Government to lift the limitations, established in the MTESS Resolutions Nos 47 of 2016 and 56 of 2017, to the powers of inspectors to enter freely and without prior notice any place liable to inspection and to the frequency and thoroughness of labour inspections. The Committee further notes with concern that, with the adoption of the MTESS Resolution No. 29 of 2023, inspection actions have been further restricted by the need to obtain an inspection order issued by the highest MTESS authority. In addition, the Committee notes with deep concern the persistent issues regarding the insufficient number of labour inspectors and material means assigned to the labour inspectorate. The Committee notes in particular the indications of the CIIT that inspectors are assigned only to four departments and to the capital district, while the remaining 12 departments have no assigned inspectors. The Committee therefore considers that this case meets the criteria set out in paragraph XX of its General Report to be asked to come before the Conference.

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

[ The Government is asked to supply full particulars to the Conference at its 1 12 th Session and to reply in full to the present comments in 202 4.]