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

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

The Committee notes the observations of the International Organisation of Employers (IOE), received on 30 August 2024, in which it expresses the hope that progress will be achieved in the application of Convention No. 81 in Paraguay, in line with the conclusions of the Committee on the Application of Standards and within the framework of close consultations with the most representative employers’ organization in the country.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 112th Session, June 2024)

The Committee notes the 2024 conclusions of the Committee on the Application of Standards (the Conference Committee) on the application of Convention No. 81 by Paraguay, in which it urged the Government to:

• intensify efforts to ensure that: (i) the number of serving labour inspectors is sufficient to enable the efficient and effective functioning of the inspection services, including in areas which are underserved at present; and (ii) labour inspectors are provided with material, operational, financial, administrative and logistical resources necessary for the performance of their duties;
• ensure that all labour inspectors are appointed as public officials on a permanent basis in order to secure their stability of employment and continue to ensure that their salaries and benefits are at least commensurate with the remuneration arrangements in place for other public officials;
• promote the effective functioning of the inspection system by removing the legal and practical constraints that hinder the effective work of labour inspectors, in order to, among other things, ensure that labour inspectors are empowered to make visits without previous notice and without requiring prior authorization from a higher authority, and that they are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in line with the Convention.

The Conference Committee also requested the Government to avail itself of ILO technical assistance to implement the recommendations of the Conference Committee and to ensure full compliance with its obligations under the Convention in law and practice.

The Committee notes that the Government requested the technical assistance of the Office for the revision of the Manual of Labour Inspection and Control Procedures of the Ministry of Labour, Employment and Social Security (MTESS), as approved by Decision MTESS No. 346/2024, of 21 May 2024 and that the assistance has been provided. The Committee invites the Government to continue requesting the ILO technical assistance that it considers necessary to address the points raised in the conclusions of the Conference Committee and in the Committee’s current comment.

Articles 6 and 7 of the Convention. Legal status, conditions of service and recruitment of labour inspectors. With reference to its previous comments, the Committee notes the Government’s indication in its report that: (i) the labour inspectors recruited in 2015 were included in the process to improve job security in 2023 and they were granted an increase in their earnings when they entered the institution; (ii) two of the inspectors recruited in 2015, who were trained by the ILO in 2016 and 2017 and provided with job security in 2023, have been promoted and are now in the positions of Director of Labour and Occupational Safety Inspection and Head of the Labour Inspection Department, respectively; (iii) Decision No. 331 of 17 May 2024 of the MTESS updated and formalized the appointment of 15 MTESS inspectors; and (iv) a budgetary increase for the recruitment of 25 new inspectors as permanent MTESS officials was requested on 24 May 2024. The Government indicates that the request is currently being considered by the General Directorate of the Budget and Technical Coordination and requires authorization by the National Congress.

With reference to the wage scale of inspectors in comparison with other officials engaged in similar duties, the Government indicates that that an MTESS labour inspector currently earns in average 5,500,000 Paraguayan guaranies (approximately US$708). Inspectors also receive 1,650,000 guaranies (approximately US$212) a month in bonuses, resulting in average monthly earnings of 7,150,000 guaranies (approximately US$920). In comparison, according to the data published by the Ministry of Trade and Industry (MIC) of Paraguay, an MIC inspector receives an average of 3,518,750 guaranies (approximately US$453). The Government adds that Parliament is examining a new law on the public service, which would establish general provisions governing the public service, including professional careers. Noting the budgetary request for the recruitment of 25 additional inspectors, the Committee requests the Government to provide information on the progress achieved in this regard, the modalities of their recruitment and on the type of contract granted, once the request has been approved. It also requests the Government to provide information on the progress achieved in the adoption of the law on the public service and to indicate the manner in which this law ensures that the conditions of service of labour inspectors are such that they are assured of stability of employment and are independent of changes of government and of improper external influences, as required by Article 6 of the Convention.

Articles 10 and 11. Number of labour inspectors. Material conditions of work. With reference to its previous comments, the Committee notes the Government’s indications that: (i) the total number of labour inspectors currently authorized by the MTESS is 22 (during the discussion in the Conference Committee, the Government indicated that there were 15 inspectors); (ii) 17 inspectors are assigned to the capital district and five to the rest of the country, with two inspectors in the Department of Alto Paraná, one in the Department of Paraguarí, one in the Department of Cordillera and one in the Department of Ñeembucú; and (iii) the 17 inspectors assigned to the capital district carry out missions throughout the national territory as geographical distances in Paraguay are not very great and a labour inspector can travel from the capital to any part of the country in a few hours. The Government emphasizes that the assignment of inspectors is not strictly necessary in all departments of the country. In this regard, the Committee emphasizes that Article 10 of the Convention provides that the number of labour inspectors shall be determined with due regard for: the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; the number and complexity of the legal provisions to be enforced; the material means placed at the disposal of the inspectors; and the practical conditions under which visits of inspection must be carried out in order to be effective.

With reference to material resources, the Government indicates that: (i) the MTESS makes available to labour inspectors official vehicles with designated drivers, together with the necessary fuel to transport them to the place where they are to carry out the inspection; and (ii) depending on the location of the inspection, appropriate vehicles are assigned, with cars and minibuses being provided for urban areas and 4x4 cars for rural areas, areas that are difficult to access and the interior of the country.

While noting the request made for the recruitment of 25 additional inspectors (which would supplement the 22 who already exist), the Committee urges the Government to take the necessary measures to ensure that the number of inspectors is sufficient for the effective discharge of inspection duties and to provide information on this subject. In this respect, the Committee requests the Government to take the necessary measures to ensure the adequate coverage of the national territory (which consists of over 400,000 square kilometres) in light of the elements set out in Article 10 of the Convention. In this regard, the Committee requests the Government to provide statistics on workplaces liable to inspection and their location. It also requests the Government to provide detailed information on the number of vehicles allocated to labour inspectors and the measures adopted to guarantee the reimbursement of expenses incurred by labour inspectors in the performance of their duties, in accordance with Article 11(2) of the Convention.

Articles 10, 11, 12, 16 and 18. Inspections in the Chaco region. The Committee notes the Government’s indication, in reply to its previous comment, that during the period between August 2023 and August 2024, one inspection was carried out in the Department of Presidente Hayes (Western region) or Chaco. With reference to the number of violations detected and penalties imposed, the Government refers to the rulings on the execution of sentences issued in relation of the fines handed down by the Labour Administration Authority (AAT) for employers located in the Western region (until August 2024). The Committee observes that, according to the document provided by the Government, since 2011 only six rulings for the execution of sentences have been issued for violations of labour legislation and that the latest fine that gave rise to a ruling was issued in 2018. The Committee also notes that, according to the above information, there ae currently no inspectors in the Departments of Boquerón, Alto Paraguay and Presidente Hayes, which are covered by the Chaco region. The Committee recalls that, in the context of its supervision of the Forced Labour Convention, 1930 (No. 29), the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the Worst Forms of Child Labour Convention, 1999 (No. 182), it has repeatedly emphasized the need to reinforce labour inspections in this region to prevent and combat violations of the labour rights of indigenous peoples and hazardous child labour practices in the domestic service sector (the “criadazgo” system). The Committee notes with concern the very limited number of inspections carried out and penalties imposed in this region. The Committee considers that this could be caused by the absence of inspectors in the region and urges the Government to allocate a sufficient number of inspectors to cover this area of the country and ensure that the inspection staff have at their disposal the material and financial resources necessary to ensure the effective application of the relevant legal provisions. The Committee also requests the Government to continue providing information on the number of inspections carried out in the area, the number of violations detected and the penalties imposed.

Articles 12, 13, 16 and 18. Restrictions on the powers of inspectors. Prevention activities in relation to occupational safety and health (OSH). Effectively enforced penalties. The Committee notes with satisfaction the repeal of Decisions Nos 47/2016 and 56/2017 and of sections 3 and 4 of Decision MTESS No. 29/2023 which imposed limits on the powers of labour inspectors and the conduct of inspections. The Committee also notes the adoption of the Manual of Labour Inspection and Control Procedures (approved by Decision MTESS No. 346/2024). However, the Committee notes with concern that the Manual continues to set out limitations on the powers of inspectors, namely: (i) part 2 on the planning of inspections does not indicate that inspections can be initiated freely by the inspector; (ii) inspections have to be authorized by the Director-General of Inspection by means of an inspection order (section 2.10); (iii) inspections can only be carried out during the hours when work is performed (section 3.9); (iv) inspectors are required to notify their presence to the employer at the beginning of the inspection (section 3.10); (v) in the event of failure to comply with OSH requirements, the inspector first issues a notice with a request to remedy the defects (section 3.27), and only if this is not given effect and the infringement involves danger to the health and safety of the workers may the inspector issue an order to suspend the work (section 3.31); and (vi) a long period is envisaged (up to six days) for the approval of the suspension order by the competent authorities (section 3.44). The Committee notes that, in the event of an imminent threat to the health and safety of workers, this delay can have serious consequences. While noting the efforts made by the Government to repeal the former decisions and the request that has been made for technical assistance, the Committee requests the Government to take the necessary measures without delay to ensure that labour inspectors provided with proper credentials can: (i) enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, without the need to obtain prior authorization (Article 12(1)(a)); (ii) choose not to notify the employer or their representative of their presence if they consider that such notification may be prejudicial to the performance of their duties, in accordance with Article 12(2); and (iii) undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Article 16). The Committee also requests the Government to take the necessary measures to ensure that labour inspectors are empowered to take measures with immediate executory force in the event of imminent danger to the health or safety of the workers, in accordance with Article 13 of the Convention.

With reference to its previous comment concerning the number of inspections carried out without prior authorization, the Committee notes the Government’s indication that, between August 2023 and July 2024, a total of 458 labour inspection activities were carried out in relation to enterprises in the capital district and the rest of the country. Of the inspections carried out, a total of 80 unannounced inspections were initiated and notified on the grounds of non-compliance with labour provisions by the enterprises. The Government adds that the failure to comply with labour provisions resulted later, following an administrative notice, in penalties and fines. However, the Government has not provided information on the number of penalties effectively imposed. The Committee once again requests the Government to provide statistics on the number of inspections carried out by labour inspectors without pervious notice, and statistics on the number of penalties issued in practice.

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