Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Labour Inspection Convention, 1947 (No. 81) - Peru (Ratification: 1960)

The Committee notes the observations of the National Confederation of Private Business’ Institutions (CONFIEP), received on 29 August 2024. The Committee also notes the joint observations of the Autonomous Workers’ Confederation of Peru (CATP) and Single Union of Inspectors and Workers of the National Superintendence of Labour Inspection (SUIT SUNAFIL), received on 1 September 2024.

Article 6 of the Convention. Status and conditions of service of labour inspectors. Further to its previous comments, the Committee notes the Government’s indication in its report that: (i) under Circular No. 3554-2024-SERVIR-GDSRH, the presentation to the National Civil Service Authority (SERVIR) of the employee table was scheduled for 20 August 2024; (ii) civil servants entering the civil service regime will be protected, safeguarding their full right to stability of employment on the basis of meritocracy; and (iii) as the transition is under way, no information is yet available on the impact of the integration of the labour inspectorate into the new civil service regime, nor information to compare the situation of inspectors with that of public servants who perform similar functions.

The Committee notes that, in its observations, CONFIEP indicates that the process of transferring labour inspectors to the civil service regime must be finalized and technical training must be provided in order to increase the effectiveness and efficiency of labour inspections. In their joint observations, CATP and SUIT SUNAFIL indicate that: (i) the 100 auxiliary inspectors who obtained a post in the Metropolitan Lima office through public competition in 2020 are still subject to job instability and the threat of dismissal despite already having four years of service, following the declaration of the competition to be null and void and further to the call for a new public competition; (ii) while inspectors are currently still subject to a permanent labour contract under Legislative Decree No. 728, the transition to the regime set out in Act No. 30057 of 3 July 2013 on the civil service aims to reduce the working conditions of workers and even to undermine stability of employment of the inspectorate; and (iii) the wage scale of SUNAFIL officials has not been updated since 2013 despite the increase in the price index, thus generating a loss in purchasing power. The Committee requests the Government to provide its comments in this respect. The Committee once again urges the Government to take the necessary measures to: (i) swiftly complete the process to transfer labour inspectors to the civil service regime, in consultation with the most representative employers’ and workers’ organizations, and to provide information on the progress achieved in this respect; and (ii) ensure that the process provides for conditions of service of labour inspectors that guarantee stability of employment and are independent of changes of government and of improper external influences. The Committee also once again requests the Government to provide information on the impact that the integration of the labour inspectorate into the new civil service regime has on the conditions of service, salary scales and career prospects of staff of regional governments with inspections functions, especially in comparison with categories of public servants who carry out similar functions in other government services, such as tax inspectors or police officers.

Articles 10 and 16. Number of labour inspectors, frequency and thoroughness of labour inspectionsto ensure the effective application of the relevant legal provisions. Further to its previous comment, the Committee notes the Government’s indication that the number of inspection visits was 48,247 in 2023. With regard to the informal economy, the Government indicates that labour inspections are conducted with regard to any subjects that are bound by an employment relationship, and that the information provided does not make a distinction as to formality or otherwise of these relationships. The Committee notes that, in their joint observations, CATP and SUIT SUNAFIL state that, as of August 2024, the number of labour inspector is 773 (74 supervisors, 278 labour inspectors and 421 auxiliary inspectors), which remains insufficient. In this respect, they indicate that there are currently 14 labour inspectors on unpaid leave due to the fact that they opted to move to other public bodies where the pay is higher and they are not subject to SUNAFIL’S exclusivity of functions which prevents them from discharging other paid activities in addition to their inspection functions. Furthermore, CATP and SUIT SUNAFIL reiterate that, given the scarcity of labour inspectors, there is no permanent and frequent inspection system in place, and they refer once again to section 3 of Supreme Decree No. 007-2017-TR of 31 May 2017, amending the Regulations to the General Labour Inspection Act (adopted by Supreme Decree No. 019-2006-TR of 28 October 2006), which prohibit two repeated inspections in the same tax year on the same issues and in the same workplace, except in certain cases. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to take the necessary measures to ensure that: (i) the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate (Article 10 of the Convention); and (ii) workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Article 16 of the Convention). The Committee also requests the Government to continue providing information on the number of labour inspectors and of inspection visits carried out disaggregated by region and industry or specific activity as far as possible. The Committee also requests the Government to strengthen its efforts to ensure that the collection of statistics on inspection covers the formal and informal sectors separately.

Articles 12(1)(a) and (c), and 15(c). Scope of the right of free entry of labour inspectors into workplaces liable to inspection. Further to its previous comments, the Committee notes the Government’s indication that, although inspections may be based on an order from a higher authority, this does not mean that inspection staff can exercise their powers and competences only upon such an order. The Government also indicates that, in accordance with section 12(1) of the Regulations to the General Labour Inspection Act, inspections of workplaces are carried out by one or more labour inspectors without prior notice and may be extended for as long as is necessary. In this regard, the Committee notes that, in their joint observations, CATP and SUIT SUNAFIL reiterate that the general rule remains that labour inspectors can only take action further to an inspection order issued by the management bodies and within the limits of such an order, and that they can only take their own initiative in exceptional cases that are severely restricted and are subject to formalities that hamper or discourage such action. The Committee notes that CONFIEP indicates in its observations that it does not consider it necessary to amend Act No. 28806 on General Labour Inspection, adopted on 19 July 2006, as its purpose is to avoid the arbitrary initiation of ex officio inspections and to therefore enable inspections to be carried out ex officio provided that the internal regulations concerning the issuance of inspection orders, which requires a higher authority order, are followed.

The Committee notes that sections 10 to 13 of the General Labour Inspection Act, under which inspections are subject to an order issued by a higher authority, have not yet been amended, and notes that section 9 of the Regulations to the General Labour Inspection Act stipulates that inspections are initiated by decision of a higher authority and may only be initiated by the inspectors in certain specific cases, after it has been endorsed by the competent labour inspectorate official. The Committee recalls that the different restrictions placed in law or in practice on inspectors’ right of entry into workplaces can only stand in the way of achieving the objectives of labour inspection as set out in the instruments (2006 General Survey on labour inspection, paragraph 266). The Committee once again urges the Government to take the necessary steps, in consultation with the most representative employers’ and workers’ organizations, to ensure, in law and practice, the right of labour inspectors to enter freely any workplace liable to inspection, and that inspections are not subject to an order issued by a higher authority.

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