Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Referring also to its observation under the Convention, the Committee draws the Government’s attention to the following points.

Articles 6 and 11, paragraph 1(b), of the Convention. The Committee notes that, under section 19 of the Regulations implementing the General Labour Act, labour inspection may have recourse to the transport facilities of employers, workers or third parties, to visit workplaces which are difficult to access. This provision does not comply with the Convention, and particularly Article 11(b), which establishes the obligation for the competent authority to make the necessary arrangements to provide labour inspectors with the transport facilities necessary for the performance of their duties, in cases where suitable public transport facilities do not exist. The Committee also emphasizes the serious risk of dependency which may arise for labour inspectors under the above provision, despite the obligation for inspectors to indicate in their records the inspections carried out under these conditions. Such dependency is contrary to the principles of impartiality and authority that are indispensable in the relations between labour inspectors and employers and workers. The Government is therefore requested to take measures rapidly to amend the legislation to bring it into line with the Convention on this essential matter and to keep the ILO informed of the progress made.

Articles 10 and 16. Referring to its previous comments, and while noting with interest the significant increase of labour inspection staff between 1999 and 2004, the Committee observes that its imbalanced distribution between the regional directorate in Lima and the 23 other regional directorates has deepened since 1999. The Committee would be grateful if the Government would: (i) indicate the reasons which may justify this distribution of labour inspectors; (ii) specify the number of inspectors responsible for general conditions of work and those dealing with occupational safety and health; and (iii) provide information on the geographical distribution of workplaces liable to inspection and on the workers occupied therein.

Article 14. The Committee notes that section 35 of the General Labour Inspection Act establishes the obligation for employers, workers and the Ministry of Health (through its health centres, the social health insurance scheme ESSALUD, superintendence of health-care providers, clinics and hospitals) to notify the Ministry of Labour and Employment Promotion of industrial accidents and cases of occupational disease, in accordance with the instructions contained in the relevant regulations. It also notes that draft regulations on occupational safety and health are being examined establishing a national information system on occupational accidents and diseases and that a notification form has been designed. The Government is requested to take the necessary measures to ensure that the labour inspector is informed of occupational accidents and cases of occupational diseases, as envisaged by this Article of the Convention, and to provide copies of any relevant provisions.

Labour inspection and child labour. The Committee notes with interest the establishment of a multi-sectoral committee responsible for the implementation of the activities set out in the Plan of Action for Children and Young Persons 2002-10 (PNAI) and of the National Executive Committee for the Prevention and Elimination of Child Labour. It also notes the coordination by the Regional Labour and Employment Promotion Directorate of Lima-Callao of a national plan to prevent and eliminate child labour. Further noting the information concerning the draft review of the Code of Children and Young Persons, the Committee asks the Government to provide information on the role and activities of the labour inspectorate in combating child labour and on the results achieved in relation to the objectives pursued.