Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Other comments on C081

Observation

Direct Request

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The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee also notes the observations on the Convention made by the Autonomous Workers’ Confederation of Peru (CATP), received in 2019 and in 2020 together with the Government’s report.

Articles 5(a), 12(1)(a) and 18 of the Convention. Effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities. Freedom of access to workplaces liable to inspection. Obstruction of inspectors in the performance of their duties. The Committee notes that, in reply to its previous request on the cooperation of the inspection services with the police, particularly in cases of the obstruction of inspections, the Government indicates that, during the course of 2019, with the cooperation of the National Police, through the activities of the Specialized Labour Inspection Unit on Forced Labour and Child Labour (GEIT-TFI SUNAFIL), 161 inspection activities were undertaken at the national level. The Government also indicates that during the activities of the GEIT-TFI SUNAFIL concerning possible obstructions to labour inspection actions, no decisions were taken to impose fines in 2019. In this respect, the Committee notes the allegation by the CATP that, while inspections related to child labour and forced labour are undertaken in collaboration with the police, based on the existence of an intersectoral agreement, in the case of other inspections, when labour inspectors are obstructed, it is necessary to request and obtain police support through the commissariats. The Committee requests the Government to continue providing information on collaboration between labour inspectors and police forces, including the measures adopted to ensure the protection and safety of labour inspectors. In this regard, the Committee requests the Government to provide more specific information, if available, on the number of inspections during which the police in practice ensures the protection and safety of labour inspectors and their free entry into workplaces, and any subsequent measures adopted in relation to penalties for the obstruction of labour inspectors in the performance of their duties.

Article 7(1). Conditions for the recruitment of labour inspectors. The Committee notes that, in its reply to the Committee’s previous request concerning internal competitions for labour inspectors and the selection criteria used in such competitions, the Government indicates that the criteria followed in such competitions are established in the Basic Rules for Internal Promotion Competitions, as approved when they are carried out, under the terms of section 4 of the Regulations on the Careers of Labour Inspectors (Presidential Decree No. 021-2007-TR) and section 26 of Act No. 28806 on the General Labour Inspectorate (LGTI). The Committee notes the CATP’s observations, according to which no internal competitions for promotion were held between 2007 and 2018 and that the participation of inspectors who live outside the city of Lima in the competitions organized in 2018 was burdensome and difficult due to the need to travel. The Committee requests the Government to provide its comments on this subject, with an indication of the measures that it has adopted or plans to adopt to ensure that labour inspectors are selected with sole regard to their qualifications for the performance of their duties.

Article 7(3). Training of labour inspectors. The Committee notes that, in reply to its previous direct request concerning the activities of the Training and Capacity-building Centre for the Labour Inspection System, the Government indicates that the Centre undertook a total of 960 activities in 2019 within the framework of the Annual Training Plan of the Labour Inspection System (PAC-SIT 2019, approved by R.G. No. 022-2019-SUNAFIL), of which 109 related to capacity-building on labour inspection. The Government also indicates that 48 training activities concerned forced labour and child labour in 2019. The Committee also notes that the workshop on the strategic and participatory strengthening of labour inspection was held on 27 February 2020 in Lima with the presence of SUNAFIL, the European Union and the ILO. The workshop, which included a tripartite round table, had the objective of facilitating the process of the identification of the institutional priorities and needs of SUNAFIL to discharge its role in accordance with the national legislation. The Committee requests the Government to continue providing detailed information on the activities of the Training and Capacity-building Centre for the Labour Inspection System (including the content and duration of the activities, and the number of participants and the manner in which they were selected). The Committee also reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Articles 10, 15 and 16. Number of labour inspectors and frequency and thoroughness of inspections to ensure the application of the relevant legal provisions. The Committee notes that, in reply to its previous request, the Government indicates that the criteria for the determination of needs in relation to the number of labour inspectors in SUNAFIL and the regional governments for inspection activities, include the number of workplaces to be inspected, the probability of non-compliance in workplaces and the total number of orders issued in each region. The Committee also notes the CATP’s allegation that the allocation of posts for each regional service of SUNAFIL and for the regional governments has not been based on technical criteria, such as the number of enterprises, the complexity of inspections and the number of workers in each region. The Committee further notes that, according to the data contained in the Annual Labour Inspection Reports for 2015, 2016 and 2017, the total number of inspectors fell from 480 in 2015 and 2016 to 458 in 2017, and that the change was due to a reduction in the number of auxiliary inspectors, while the number of labour inspectors and supervisors increased. The Committee notes the Government’s indication that SUNAFIL had 661 inspectors in 2019. The Committee also notes that in 2015 and 2016, a total of 62,780 and 65,105 inspections were carried out, respectively, and that this number fell to 61,938 in 2017. The Committee requests the Government to provide further information on the measures adopted, including those adopted within the framework of the strategic planning on enforcement with ILO technical assistance, to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions and that the number of labour inspectors is sufficient to secure the effective discharge of their duties. In this regard, the Committee requests the Government to continue providing statistical data on the number of labour inspectors and the inspections carried out, disaggregated by category of inspectors and region.

Article 11. Material resources available to labour inspectors. The Committee notes that, in reply to its previous request, the Government indicates that the material resources made available to labour inspection offices at the national level are proportional to their operational capacity, administrative and inspection personnel, economic activity and the number of workplaces to be inspected, all of which is subject to the budget of SUNAFIL. In this regard, the Committee notes the CATP’s allegations that: (i) SUNAFIL does not have its own building; (ii) many of the inspections carried out by labour inspectors and auxiliary inspectors are in very remote and dangerous locations; (iii) there are currently only an average of 20 vehicles for over 250 inspectors of both categories, which are concentrated in the city of Lima; and (iv) the regional services of SUNAFIL only have a single vehicle, even though the distances to the major workplaces are greater than in Lima. The Committee recalls that, in its 2006 General Survey on labour inspection, in paragraph 238, it indicates that, in order to carry out its functions effectively, a labour inspectorate not only needs an adequate number of staff, with appropriate conditions for hiring, training and service, but that these staff must also be given the necessary resources to perform their tasks and to ensure that their role and the importance of their work is appropriately recognized. The Committee requests the Government to provide further information on the measures taken to ensure that the budgetary resources allocated to the labour inspection services are sufficient.

Articles 12(1)(a) and 15(c). Inspections without previous notice. Duty of confidentiality in relation to complaints. The Committee notes the CATP’s indication that some staff in the Regional Directorate of Labour and Employment of Tacna communicated confidential information to the media concerning inspection activities contained in the inspection orders issued to labour inspectors, thereby obstructing the work of inspection and giving notification to the enterprises to be inspected, including the subjects that would be inspected. The Committee notes the Government’s indication that section 5 of LGTI was amended by Decree No. 044-2019 of 30 December 2019. The first paragraph of section 5 provides that during inspections, inspection personnel can enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. Section 5 also provides that, on the occasion of an inspection visit, inspectors shall notify the employer or his representative of their presence, as well as the workers, the workers’ representative or the union, unless they consider that such a notification may be prejudicial to the performance of their duties, and shall identify themselves with the credentials issued for this purpose. The Committee requests the Government to provide its comments on the consequences or implications of the section 5 notification provision, particularly with respect to any measures adopted in practice to ensure that labour inspectors can enter without previous notice any workplace liable to inspection and also that they treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions.

Article 18. Adequate and effectively enforced penalties. In its previous comment, the Committee noted that SUNAFIL has a unit specializing in the collection of fines imposed as a result of inspections in workplaces within its competence and that the Bill to strengthen the labour inspection system authorizes the Ministry of Labour and Employment Promotion, SUNAFIL and the regional governments to hire personnel responsible for the enforced collection of fines resulting from penalties issued by the inspection services. While noting the absence of a reply to its previous request, the Committee once again requests the Government to provide information on any developments in this regard and the results of these measures.

Articles 20 and 21. Preparation of periodical reports and publication and transmission to the ILO of the annual report. The Committee notes that, in reply to its previous request, SUNAFIL has published and communicated to the ILO the Annual Labour Inspection Reports for 2015, 2016 and 2017, which contain all the information required under Article 21(a) to (g). The Committee requests the Government to continue publishing and communicating to the ILO the reports for the following years.