Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the communications from the Government received on 13 May 2009 in reply to the comments from the Single Confederation of Workers (CUT), on 27 August 2009 in reply to the comments from the Gaúcha Association of Labour Inspectors (AGITRA), on 8 December 2009 in reply to the comments from the Union of Workers for the Road Transport of Liquids and Gases, Oil Derivatives and Chemical Products of the State of Rio Grande Do Sul (SINDILIQUIDA/RS), and on 8 November 2010 in reply to the comment from the National Union of Labour Inspectors (SINAIT).

The Committee also notes the communication from the Health, Labour and Social Welfare Workers’ Union of the State of Rio de Janeiro (SINDISPREV/RJ) received by the ILO on 14 April 2009 and communicated to the Government on 11 May 2009; and also that of the Union of Workers in the Lumber, Civil Construction and Furniture Industries Altamira and Surrounding Region (SINTICMA) received at the ILO on 9 February 2010 and communicated to the Government on 12 April 2010. These comments largely relate to the lack of labour inspection staff and the inadequacy of the system of enforcement, particularly in cases of forced labour, in breach of Articles 17 and 18 of the Convention.

As the Government’s report received in September 2010 and its reply to the points raised by SINAIT are being translated at the ILO, they will be examined at the next meeting of the Committee. The Committee will also examine any comment that the Government may wish to make in relation to the points raised by SINDISPREV/RJ.

The Committee also refers to the Government’s previous report for the period from June 2006 to June 2008 and to the attached documentation, and draws the Government’s attention to the following points.

Articles 5 and 14 of the Convention. Cooperation between the labour inspectorate and other public institutions. Prevention of occupational accidents and diseases. The Committee notes with interest the setting up of a tripartite occupational safety and health committee pursuant to Inter-Ministerial Order MPS/MS/MTE No. 152 of 13 May 2008. It also notes with interest the planned signature of a draft agreement providing for the exchange of information between the Ministry of Social Welfare and the Ministry of Labour and Employment with regard to occupational accidents and diseases. The Committee hopes that the Government will continue to promote the establishment of inter-institutional cooperation with a view to preventing occupational accidents and diseases. It requests the Government to indicate whether the agreement providing for the exchange of information between the above ministries has been signed and, if so, to keep the Office informed of any developments in this sphere and also of any other measures taken for the same purpose.

Articles 10 and 16. Labour inspection staff. Planning of inspections. The Committee notes with interest that the labour inspection secretariat draws up a three-stage plan for inspection visits: analysis of the employment market, planning of lines of action designed to tackle fields of irregularities in the labour sphere and monitoring of implementation of the plan. It notes that, according to the Government, the increase of the number of labour auditors/controllers from 2,911 in June 2006 to 3,153 in June 2008 is still inadequate in view of the number of workers employed in workplaces liable to inspection. The Committee therefore urges the Government to continue its efforts to strengthen the labour inspection staff in order to fully implement the plan of inspections and requests it to continue to provide information on any developments in this respect.

Articles 17 and 18. Action taken further to reports of violations. In its comments, AGITRA refers to the small number of prosecutions instituted against employers who have committed violations, the statute of limitations on legal action having resulted in the lapse of a large number of cases of violations for various reasons (between 2003 and 2008 a total of 34,829 cases of violations were declared out of time by the regional labour directorate of Rio Grande do Sul alone). The Government rejects this allegation, declaring that these cases have been processed, and also points out that numerous measures have been taken to strengthen the system of legal prosecution, including through improved supervision of the inspection programmes of the regional directorates. Moreover, it announces measures aimed at the gathering of information on the operation of units responsible for the imposition of fines and the processing of appeals. The Committee also notes the adoption of Decree No. 809 of 20 March 2009 providing for the participation of the staff of directorates in the collective effort to speed up procedures for the prosecution of employers who have committed violations. The Committee requests the Government to indicate the progress made in the prosecution of violations during the next reporting period and in particular to provide statistics on violations reported, penalties imposed and the number of penalties enforced, referring to the legal provisions concerned.

Physical safety of labour inspectors. The Committee notes with satisfaction the Government’s rapid reaction to the murder of four members of the labour inspection staff on 28 January 2004 in issuing Circular No. 04/SIT/MTE of 3 February 2004 providing for coordination of labour inspection in rural areas with the assistance of the trade unions of the workers involved in the inspections with respect to evaluation of the risks faced by labour inspectors. Measures were also taken to ensure the systematic presence of the police authorities during inspections, including routine inspections, in cases that required it. The Committee hopes that the Government will continue to take all relevant measures relevant to the safe conduct of labour inspections. It wishes to emphasize that these measures should, however, enable labour inspectors to continue to fully discharge their educational and preventive role with regard to employers and workers so as to enlist the support of the latter for the economic and social objective of labour inspection. In this regard, the Committee wishes to express its reservations regarding whether inspectors should be given the right to carry weapons during inspection missions, even if this right is made subordinate to the requisite technical skill and psychological aptitude. The application of such a measure must be considered with extreme caution in order to ensure that the task of inspection is not confused with the duties of the police. While supporting the measures aimed at reinforcing the authority and security of inspectors, the Committee considers that the carrying of weapons should be limited only to those exceptional cases and circumstances in which other means are not available. The Committee requests the Government to clarify the circumstances in which labour auditors/controllers are authorized to carry weapons and to send in support of its reply relevant statistics such as the number of labour auditors concerned and the cases in which they have been obliged to make use of their weapons. The Committee also requests the Government to provide information on the impact of the measures taken to enhance the credibility of the labour inspectorate and also on the court action taken in relation to the perpetrators of the murders of January 2004.