Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

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

Article 3 of the Convention. Labour inspection duties. The Committee notes that, in reply to its previous request, the Government refers in its report to the Inter-institutional Framework Agreement between the Ministry of Labour, Employment and Social Security (MTESS) and the National Directorate of Migration (DNM), concluded on 14 July 2016 and still in force. The Government indicates that, within this framework, in August 2024, the MTESS took the lead in a joint operation with the DNM with the objective of carrying out a rigorous labour inspection and control operation in the Department of Alto Paraná, and specifically in Ciudad del Este, the frontier zone with Brazil. This resulted in four inspection and control operations in Ciudad del Este (Alto Paraná). The labour inspectors detected a total of 304 workers for which irregularities were found in relation to the absence of social security coverage and working hours in excess of the maximum limit, and 12 workers were detected of different nationalities. The Committee requests the Government to provide information on the number of cases where labour rights were restored to foreign workers without a residence permit as a result of the action taken by the labour inspection services, including the recuperation of wages, overtime hours, annual holidays and social security credits. The Committee also requests the Government to continue providing information on the number of inspections carried out jointly by the MTESS and the DNM and the number of infringements of labour legislation detected.

Article 5(a) and (b). Cooperation between the inspection services, other government services and institutions and workers’ organizations. In reply to the Committee’s previous comment, the Government refers to the Inter-institutional Framework Cooperation Agreement between the MTESS and the Social Welfare Institute (IPS), signed on 19 October 2023, the objectives of which include carrying out joint labour inspections and the exchange of experience, information and knowledge. In this regard, the Government indicates that a total of 142 joint inspections were carried out by the MTESS and the IPS during the period between August 2023 and August 2024. These inspections resulted in the identification and regularization of 321 workers who were not duly registered in the social security system and 72 improvement notices being served to the enterprises that had been inspected and controlled. The Government also refers to the applicable Specific Cooperation Agreement No. 1 between the MTESS and the IPS, in which the parties undertake to establish work teams, carry out activities in accordance with their respective functions and participate actively within the framework of the Specific Agreement, and prepare joint inspection protocols. The Committee notes this information, which replies to its previous request.

Article 18. Adequate and effectively enforced penalties for obstructing labour inspectors in the performance of their duties. The Committee notes the Government’s reference, in response to its previous comment, to the process set out in law in cases of the refusal of employers to permit access by the labour inspection services to the workplace and to obtain a judicial access order. The Government indicates that, between August 2023 and August 2024, the labour inspection services obtained judicial orders to carry out inspections in 19 cases of enterprises located in the capital district and in the Central Department and the Departments of Ñeembucú, Alto Paraná and Presidente Hayes. The Government adds that the inspections that were carried out with the support of the national police were all in cases of the obstruction of inspections. The Committee requests the Government to provide information on the penalties imposed on employers for the obstruction of labour inspectors in the performance of their duties, as required by Article 18 of the Convention.

Articles 20 and 21. Annual report on the work of the inspection services. The Government indicates that the labour inspection services make a monthly report to the Deputy Minister of Labour on their inspection activities. The Government also adds that, between August 2023 and August 2024, the General Directorate of Inspection has used a new records system, which makes the management of inspection visible, provides greater data on the number of inspections and controls carried out, and measures the level of formalization of workers detected during controls. However, the Committee notes that the MTESS management report, which contains information on the inspections carried out, has not been published since 2021. It also notes that no annual report on the work of the labour inspection services has been provided to the Office. The Committee therefore once again requests the Government to take the necessary measures to ensure that annual reports on the work of the inspection services are published and transmitted regularly to the ILO, and that they contain information on all the matters envisaged in Article 21(a) to (g) of the Convention.