Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection Convention, 1947 (No. 81) - Brazil (Ratification: 1989)

Other comments on C081

Observation

Direct Request

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The Committee refers to its observation and requests the Government to supply further information on the following points.

Articles 3(1)(b), 5(a) and 14 of the Convention. Cooperation between the labour inspectorate and other public institutions. Prevention of occupational accidents and diseases. The Committee notes that the Ministry of Labour and Employment (MTE), the Higher Labour Tribunal, the Ministry of Health, the Ministry of Social Welfare, the Higher Council of Labour Justice and the Office of the Prosecutor-General of the Union signed a technical cooperation agreement on 3 May 2011 relating to occupational safety and health (OSH), covering the implementation of national programmes and actions for the prevention of occupational accidents and the strengthening of national OSH policy. The agreement provides, inter alia, for the establishment of an inter-institutional committee to propose, plan and follow up adopted programmes and actions; promote studies and investigations relating to the causes and consequences of occupational accidents; promote educational actions; and establish a common database and enter information. The initial period of validity of this agreement is 12 months from the date of signature but can be extended for the same period. The Committee requests the Government to provide information on the role assigned to OSH officers in the context of the measures laid down in the agreement. It further requests the Government to clarify whether the inter-institutional committee provided for in the agreement has been made operational and, if so, to send information on the activities undertaken in this context and their impact on the stated objective. The Committee further requests the Government to describe any interaction that exists between this committee and the Tripartite Occupational Safety and Health Commission set up pursuant to Inter-Ministerial Order MPS/MS/MTE No. 152 of 13 May 2008.

Articles 3(1)(a) and (b), 10, 16 and 21(e). Labour inspection staff and the effective discharge of the duties of the inspectorate. The Committee notes that the National Union of Labour Inspectors (SINAIT) alleges that the number of inspectors was insufficient, did not allow the effective discharge of inspection duties and made it impossible for enterprises to be inspected as often and as thoroughly as is necessary to ensure the effective application of the legislation. According to the trade union, in September 2010 the labour inspectorate had 2,942 inspectors to cover an economically active population of nearly 100 million workers spread over 5,561 municipalities.

The Committee notes that the Government recognizes that the number of inspectors in 2010 (3,068 in October) was insufficient and represented a decrease by comparison with 2007 (3,220) and that the reason for this is that the rate of replacement in the labour inspectorate in the recent past was less than the number of retirements and staff moves. It declares, however, that the reconstruction of the State’s capacity for action has been one of the most salient features of subsequent federal management. Nevertheless, it is essential to adopt a Bill to increase the number of posts, adding that the improvement and reform of the pay structure of the labour inspectorate pursuant to Act No. 11890/2008 is increasing professional prospects and attracting more and better qualified candidates to each competition, thereby opening the possibility of gradual growth and greater stability of the workforce in the years ahead.

The Committee also notes the statements in the Government’s report concerning the number of serving labour inspectors, which stood at 2,980 as at August 2012, and the information on the measures taken vis-à-vis the Ministry of Planning, Budgets and Management (MP) to fill labour inspector posts. It notes in particular that in April 2011 the MTE renewed its request to the MP for additional staff and that in August 2011 it requested approval for the entire reserve list of candidates who had been successful in competitions, beyond the number of vacant posts that were available. In September 2012, the Government was awaiting authorization to fill 629 vacancies. The Committee requests the Government to indicate whether any specific initiative is under way to increase the number of labour inspector posts in the budget. It also requests the Government to supply information on any measures taken with a view to ensuring that labour inspector posts that become vacant as a result of retirement and/or mobility of inspectors are filled at the equivalent rate, and also on any changes in the process for filling the 629 labour inspector posts which were vacant as at September 2012.

Reminding the Government of paragraph 174 of the General Survey of 2006 on labour inspection, the Committee would be grateful if the Government would provide up-to-date information on: (i) the number of labour inspectors and their geographical distribution; (ii) the distribution of activities and duties assigned to labour inspectors in both central and regional offices with respect to the inspection functions defined by Article 3(1) of the Convention; and (iii) the number and geographical distribution of workplaces liable to inspection and of the workers employed therein.

Article 6. Status and independence of labour inspectors. The SINAIT alleges that Article 6 of the Convention has been violated inasmuch as regional supervisor posts at the Ministry of Labour and Employment (MTE) are political appointments and there have been specific cases where the regional authorities have interfered in inspection activities.

The Government states that regional labour and employment supervisor posts are free appointments. Regional labour and employment departments (formerly regional labour offices) are under the direct authority of the Minister of State for Labour and are responsible for implementing, supervising and monitoring actions in the framework of public MTE policies, in accordance with Ordinance No. 153/2009 establishing the internal regulations of the Ministry. According to the Government, the reference by SINAIT to cases of interference by the regional authorities in inspection activities is apparently associated with the political nature of supervisor appointments. The Government also considers that SINAIT, should quote specific cases of interference, which would enable the facts to be investigated by the authorities concerned. It also points out that Decree No. 4552/2002 adopting the regulations of the labour inspectorate prohibits the MTE authorities from interfering in the performance of labour inspection duties or from undermining the impartiality of labour inspectors or their activities.

Article 11. Financial resources, material means and practical conditions for labour inspectors to ensure the effective discharge of their duties. The Committee notes that, according to SINAIT, more financial resources need to be allocated to labour inspection, particularly for the performance of inspection work in rural areas and the purchase of equipment for inspectors. Moreover, it is essential to improve conditions of work in decentralized units and to expand public services.

The Government points out that the main result of the increase in the inspection presence in the field is an increase in formalization of employment contracts. The mobility and capacity for action of the special groups have been boosted with the acquisition of modern communication and transport equipment. The budget allocation for these purposes tripled between 2008 and 2011 by comparison with the 2004–07 period. Substantial investment has also been made in improving technology and support tools for labour inspection, such as planning systems, databases and information and communication technology (ICT). The Government also highlights the methodology adopted in 2010 focusing on action based on tripartite and institutional social dialogue, the prevalence of planned inspections and teamwork, dissemination of good practices, exchange of experiences among labour inspectors and ongoing training for inspection staff. The Committee requests the Government to supply information on the transport facilities provided for labour inspectors for the performance of their duties and their geographical distribution. It would also be grateful if the Government would provide information on the accessibility of the inspection services and on any developments in the material resources made available to inspectors and any improvement in inspectors’ conditions of work in decentralized units.

Articles 20 and 21. Publication and communication of an annual report on the work of the labour inspection services. The Committee notes the inspection reports for 2009, 2010 and 2011, which were published in the Official Gazette and contain data on the numbers of inspectors, enterprises inspected, orders and prohibitions, and infringement reports. The Committee requests the Government to ensure that an annual report on the work of the inspection services containing the information required by Article 21(a)–(g) is published and sent to the Office within the deadlines laid down in Article 20. The Committee trusts that measures will be taken quickly to give full effect to these provisions of the Convention, so that the annual report constitutes an effective tool for evaluating and improving the operation of the labour inspection system.

Physical safety of labour inspectors. Referring to its previous comments relating to the circumstances in which labour inspectors are authorized to carry firearms, the Committee notes the Government’s statement that labour inspectors who submit requests to carry firearms, meet the requirements established in Ordinance No. 916/2011 and receive the approval of the Labour Inspection Secretariat will be authorized through a specific ordinance signed by the executive secretary to carry firearms on a federal basis. With a view to reinforcing controls over these procedures, the firearm control system (SISPAR), for management of data and control of the numbers of federal certificates for the possession of firearms, was established. The certificates established through Ordinance No. 916/2011 are only granted to serving labour inspectors. Currently there are 16 certificates held by a staff of 2,890 labour inspectors. The Committee requests the Government to keep the Office informed of cases in which inspectors may have been obliged to use their firearms.