Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous comments, the Committee notes the fresh observations made by the General Union of Workers (UGT) and the Trade Union Confederation of Workers' Commissions (CC.OO.). The UGT comments that the two branches of the labour inspectorate (comprising labour inspectors proper and labour controllers) are insufficiently staffed and lack both the legal authority and the resources to enable compliance with the requirements of Articles 1, 3(1) and 16 of the Convention. Provisions dealing with overtime, for example, are said to be inadequately enforced. The CC.OO. also notes that the inability of labour controllers to enforce relevant provisions directly has weakened the operations of the labour inspectorate as a whole. The CC.OO. states that there is little collaboration between officials of the labour inspectorate and workers' organisations (Article 5(b)), and that because of scarce personnel and material resources workplaces are not inspected frequently enough to ensure the effective application of relevant legal provisions (Article 16). It considers that the inability of labour inspection officials to determine which clauses of collective agreements are in legal doctrine "normative" and which are "obligational" further inhibits enforcement action being taken (Article 27).

The Government has described the involvement of workers' representatives in inspection proceedings under section 15 of Act No. 8/1988. It draws attention to an increase in inspection visits and sanctions proposed in 1989, whilst considering that other forms of control than visits may be equally effective. It stresses the need to ensure that the inspectorate has full evidence of the facts of each case in order to fulfil its functions.

The Committee recalls that the workers' organisations have expressed dissatisfaction at the manner in which the Convention is applied for several years. It notes the explanations given and further requests the Government to provide full information concerning the following matters in particular:

(a) steps taken so that the resources of the labour inspectorate are fully utilised and workplaces are in accordance with the Convention inspected as often and as thoroughly as is necessary to ensure the effective application of all the relevant legal provisions; and so that there is the necessary collaboration between officials of the labour inspectorate and employers' and workers' organisations in their work;

(b) measures taken or envisaged to ensure that the authority of the labour inspectorate to enforce all relevant legal provisions, including those in collective agreements, is fully exercised; and

(c) any measures contemplated to provide labour controllers with the enforcement powers of labour inspectors proper.