Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

In its previous comments, the Committee noted the observations by the Association of Labour Inspectors of the Ministry of Labour and Social Development of October and November 1996, which were communicated to the Government for comment. The Committee notes the Government's response to the Association's allegations (document No. 001-97-TR/OAJ-OAI) as well as the Government's report for the period ending September 1997. The Committee observes that the organization of the labour inspectorate is governed in particular by Decree No. 004-96-TR of 10 June 1996 on the procedure for labour inspection.

Article 6 of the Convention. The Committee recalls the observations of the Association of Labour Inspectors alleging the non-conformity with this Article of the Convention of the new recruitment procedures introduced under Emergency Decree No. 015-96-TR of 21 April 1996. The Committee notes the Government's response to these allegations, as well as the indication in its report to the effect that the above Decree established a Programme of Labour Inspection and Legal Orientation and that recourse was held to an external competition so as to hire professionals in areas such as law, economics, accounting, industrial engineering, social work. The Committee hopes that the Government will provide information on the nature of the contract under which these new labour inspectors were recruited, the difference, if any, of their status and conditions of employment with those of inspectors recruited previously, and on any measures adopted or envisaged to ensure that labour inspectors are assured of stability of employment and are independent of changes of government and of improper external influences.

Article 10. The Committee notes from the report that in September 1997 approximately 100 labour inspectors were working in the Sub-Directorate of Inspection of the Regional Direction of Labour and Social Development of Lima and Callao. The Committee asks the Government to provide information on the total number of labour inspectors and their distribution among administrative subdivisions of the country.

Article 14. The Committee notes the indication of the report that, according to the information of the Office of Statistics and Information of the Ministry of Labour and Social Development, 44 work accidents occurred in 1996. The Committee hopes that the Government will provide information, including relevant regulations, on the current procedure for the registration of work accidents and occupational diseases and their notification to the competent state authorities.

Article 16. The Committee notes the indication of the report that 21,115 planned inspection visits and 9,203 inspection visits of a special character took place from August 1996 to July 1997. The Committee also notes that the absence of information on the total number of workplaces liable to inspection and the number of workers employed therein makes it impossible to evaluate figures presented by the Government in order to determine whether the frequency of inspections of workplaces is sufficient to ensure the effective application of the relevant legal provisions. The Committee hopes that the Government will provide the necessary information in the very near future.

Articles 20 and 21. In its previous comments, the Committee noted that no annual report on labour inspection has been received since the ratification of the Convention in 1960 and expressed the hope that all appropriate measures would be taken without delay so that annual reports, containing the information required under Article 21, will be published and sent to the ILO within the time-limits laid down in Article 20. The Committee notes with regret that despite all previous requests the Government did not transmit a copy of such report to the ILO. The Committee emphasizes once again that the preparation and publication of annual general reports on the work of inspection services is an essential means for assessing how the Convention is applied and for planning the corrective measures which should be taken. The Committee trusts that all appropriate measures will be taken without delay so that annual reports, containing the information required under Article 21 of the Convention, will be published and sent to the ILO within the time-limits laid down in Article 20.