Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report for the period ending on 31 May 2006 replying to its previous comments. It also notes the documents appended thereto. It notes the observations of the Rerum Novarum Workers’ Confederation (CTRN) and the Union of Employees of the Ministry of Labour and Social Security (AFUMITRA) and their enclosures, received at the Office on 18 January 2005 and forwarded to the Government on 2 March 2005. The Committee takes note of the Government’s reply to these comments and the supporting documentation, received on 19 July 2005.

The Committee observes that some of the matters raised by the above organizations were addressed in the Committee’s previous observation.

1. Articles 3, 10 and 16 of the Convention. Human resources and the labour inspectorate’s duties; extent to which inspection requirements are covered. According to the CTRN and AFUMITRA, there has been a slow deterioration in the services performed by the labour inspectorate owing to a lack of necessary resources. To make matters worse, the workload is increasing and there is a danger of the inspection service becoming paralysed as its duties are extended and diversified.

According to the above organizations, resources are too scarce to allow adequate and appropriate coverage: between 2001 and 2003, the inspectorate covered only 5.5 per cent of employers liable to inspection. Furthermore, coverage is shrinking further not only because there are more workplaces subject to inspection and more workers to be protected, but also because 75 per cent of the inspectors working in 29 of the provincial and cantonal offices spend 40 per cent of their working time on conciliation. The delegation of certain administrative duties to the regional offices and the broadening and diversification of inspectors’ skills to match the requirements of national and international law means that their responsibilities have been considerably increased without any increase in administrative staff or financial resources.

According to the above organizations, the number of inspectors fell from 105 in 1997 to 94 in 2004, and inspections from 13,000 for the period from 2000 to 2001 to less than 12,000 for the period from 2002 to 2003.

According to the Government, there are three categories of inspectors responsible for conciliation duties for the whole country except the central area, which has separate arrangements. The Government indicates that inspectors have received appropriate training in this and other fields, and sends a summary table of inspectors’ training in 2004.

With regard to the increase in inspectors’ duties, the Government states that it was needed for technical reasons and to improve the inspectorate’s efficiency. As to the shortage of support staff, this is due to budgetary and economic restraints; other administrative departments are affected in the same way, but new posts will ultimately be created.

With regard to the strength of the inspectorate, the Government indicates that numbers have fallen owing to retirement, change of duties and transfers. However, to remedy the situation the General Labour Inspectorate intends to look into the possibility of having certain posts re-established.

2. Article 11. Logistic and material resources for the labour inspectorate. According to the CTRN and AFUMITRA, the means of transport available to inspectors are insufficient, and inspectors spend much of their working day travelling and have to depend on public transport. Furthermore, many of the inspectorate offices lack the minimum amenities for use; some even lack decent sanitation, and one had to be closed temporarily at the request of the Ministry of Health. Office equipment, such as computers and printers, is inadequate and often in poor condition, and the shortage affects even petty supplies (including ink).

According to the Government, of all administrative departments, the labour inspectorate is best equipped in terms of vehicles. Of the five acquired in 2004 by the Ministry, two were assigned permanently to the National Inspection Directorate. Furthermore, vehicles are available for use by inspectors on request, and are regularly made available to the regional offices. The budgetary assignment for travel underwent a substantial increase in 2005. As to the inspectorate’s premises, the Government indicates that steps have been taken to rent offices in Guácimo, San Carlos and Alajuela; and the administration has supplied the regional inspection offices with computer equipment and office supplies, in so far as the budget has allowed.

3. Article 6. Conditions of service of labour inspectors. According to the CTRN and AFUMITRA, some measures taken by the administration have affected inspectors’ motivation. The organizations cite: (a) untimely transfers, which stopped only after many complaints had been filed; (b) the elimination of the travel bonus; and (c) the elimination of a former accommodation bonus.

The Government replies that transfers are healthy and are implemented by the inspectorate with the agreement of the Ministry. Some were accepted, and others were refused. The Constitutional Court found nothing unlawful in transfers carried out to improve public service provided they caused no serious injury to inspectors.

The Government asserts that the bonuses were eliminated by a decision taken after an inquiry into criteria for the grant of bonuses which revealed that false addresses had been used. In each case, the fundamental rights of public employees laid down in the Constitution and the law were respected.

4. Article 12. Hours of inspection visits. According to the CTRN and AFUMITRA, the working day of labour inspectors is confined to the hours between 8 a.m. and 4 p.m. because the Ministry’s service regulations were misconstrued; this prevents inspections in workplaces that operate at night. According to the Government, article 30 of the Internal Regulations of the Ministry of Labour and Social Security nevertheless allows for the working hours of inspectors to be changed on a provisional basis when special circumstances so require and provided that this creates no inconvenience for the inspector. With reference to its previous comments, the Committee notes the Government’s information, and would be grateful if it would indicate how it provides for technical inspection of plant and machinery that is idle in workplaces that operate during the day, and for inspectors to check whether any night work is being performed unlawfully.

5. Article 5. Cooperation with the social partners. According to the CTRN and AFUMITRA, the Ministry’s senior management staff have no interest in the modernization of labour administration. There is delay in making the National Advisory Council operational, and the regional advisory councils have not even been established, since an amendment to the Council regulations has been suspended. According to the Government, steps have been taken to convene the members of the National Advisory Council and the abovementioned regulations ought soon to be referred for approval. The Committee notes that according to an evaluation of the Labour Inspectorate Transformation Plan 2000-05, sent by the Government, there is deadlock in a number of strategic issues such as the transfer of resources, the creation of a computerized information exchange network, participation by the social partners, reinforcement of the inspectorate’s preventive and instructional duties, and the determination of priorities for inspectors. The abovementioned evaluation accordingly recommends giving each regional office a legal adviser, regionalizing the labour inspection budget, providing regional offices with computer equipment and means of transport, creating a computer network for exchanging information between the various bodies of the inspectorate and the Ministry’s other departments, making the national and regional advisory councils operational, reinforcing the inspectorate’s preventive and instructional duties and setting criteria for the planning of inspection activities. The Government also states that efforts to strengthen the inspectorate are under way with support from the ILO as well as in the context of regional cooperation under the auspices of the Inter-American Development Bank (IDB), in coordination with the ILO, with a view to rational use of resources. The Committee requests the Government to continue to provide information on all developments and any progress in establishing an efficient inspection system, together with any relevant documents.

6. Articles 20 and 21. Publication and communication of an annual inspection report. The Committee takes note of the reports on the general activities and the specific activities of the labour inspection service. It notes with interest that, as part of a bilateral technical and financial cooperation programme with Canada, launched in 2003, the National Inspection Directorate has been equipped with an automated labour inspection and management system (SAIL). By means of this system, it should be possible to set up an electronic register of inspections and of special cases so that each case can be followed up appropriately, particularly where legal bodies are involved. It should also enable the monthly reporting by provincial and regional offices to be centralized and facilitate the work of labour inspectors in establishing reports, updating information, etc. The Committee hopes that an annual report containing information on each of the items listed at Article 21 will shortly be published and communicated to the ILO in accordance with Article 20.

The Committee is addressing a direct request on other matters to the Government.