Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the Government’s detailed report received at the ILO on 2 September 2009, as well as the documents attached. It also notes the observations made by the General Confederation of Workers of Peru (CGTP), the Single Confederation of Workers of Peru (CUT) and the Autonomous Confederation of Workers of Peru (CATP), dated 31 July 2009 and 1 September 2009 respectively, on the application of the Convention, which the ILO sent to the Government on 16 November 2009. However, the Government has not provided any comments concerning the points raised.

Article 6 of the Convention. Status and conditions of service of labour inspectors. According to the CGTP, the CUT and the CATP, in several regions of the country, labour inspection staff do not benefit from the status and conditions of service guaranteed to other public officials (level of pay and career prospects in particular), which are such that they are assured of stability of employment and are independent of any change of government and any improper external influence. The trade unions indicate that 33 of the 181 labour inspectors are carrying out their duties under temporary administrative service contracts (CAS), even though the career system and the guarantee of job stability should apply to all inspectors under the relevant regulations. Noting these allegations, the Committee notes that sections 6 and 25 of General Labour Inspection Act No. 28806, read in conjunction with section 3 of Supreme Decree No. 021-2007-TR, are in full conformity with the requirements of Article 6 of the Convention. Supreme Decree No. 037-2006-TR, which the trade union organizations emphasize may be amended on a discretionary basis by the Executive Authority, is not available to the ILO. The Committee nonetheless emphasizes that it is essential that the status, level of pay and career prospects of labour inspectors are such that they attract quality staff, retain them and protect them from any improper external influence. These conditions should not only be expressed in law on the basis of legal provisions, but should also be applied in practice. The Committee therefore requests the Government to clarify the status and conditions of service of the staff carrying out labour inspection duties as defined in Article 3(1) of the Convention. It requests it, in any case, to take measures to ensure the full application in both law and practice of Article 6 of the Convention, and to keep the ILO duly informed in this regard.

Article 7(3). Training of labour inspectors. According to the Government, in 2007, 1,394 persons, including inspectors carrying out labour inspection duties, as well as persons belonging to other groups (employers, workers, trade unions, administrative staff), were given various training (relating in particular to occupational safety and health, legislation, the safety and health management system and industrial relations) in the context of a training project promoted by USAID and MYPE Competitiva, with the aim of enabling labour inspectors to carry out their duties more effectively. The Committee notes that it is envisaged to continue and strengthen the training of labour inspectors, especially in matters relating to their new duties and in specific complex areas (freedom of association, outsourcing, forced labour, child labour). The Committee would be grateful if the Government would provide further information on the content, frequency and duration of the training given to inspectors in the course of their employment, as well as on the exact number of inspectors concerned in each case.

Articles 10 and 11. Human resources, transport facilities and other means of action available to the labour inspection services. With regard to the number of labour inspectors, the Committee notes that, according to the Government, the Regional Directorate of Labour and Employment Promotion of Lima was strengthened through the appointment of 100 additional inspectors in 2007. It was also envisaged to recruit 100 additional inspectors in 2008, to be deployed across the other regions taking into account the number of enterprises and the size of the economically active population, with the aim of recruiting 250 additional inspectors by 2011. The Committee notes that, according to the CGTP, the CUT and the CATP, labour inspectors usually have to wait around 45 days to be reimbursed for their travelling expenses. Furthermore, the amounts reimbursed do not correspond to the amounts actually spent and are instead calculated and granted on the basis of distance and limited to a maximum of four inspections per day. The Government acknowledges that the National Directorate of Labour Inspection (DNIT) does not have its own means of transport and that the four cars and six lorries allocated to it under Supreme Decree No. 002-2007 were made available to the headquarters of the Ministry of Labour and Employment Promotion, where they are used by the entire administration. The labour inspection services are therefore forced to call on other units or even use their employees’ own private vehicles to carry out inspections in areas where access is difficult. The Government further points out the shortage of protective clothing required for occupational safety and health inspectors as well as measuring equipment required to assess the risks posed to the health of workers, and indicates that some national directorates do not have offices that are suitable for the performance of inspection duties (accessibility, guarantee of confidentiality, etc.). In the Government’s view, the labour inspection budget should be increased to enable labour inspectors to carry out their duties more effectively. The Committee emphasizes that it is necessary that the needs to that end are expressed as precisely as possible by means of an assessment detailing the labour inspectorate’s current means and its results in relation to the number of workplaces covered (nature of activities, specific risks, geographical location, etc.) and the number and classes of workers employed therein. The Committee therefore requests the Government to take measures to carry out an assessment of the operation of the labour inspectorate and determine the human resources and material means that are necessary for its gradual improvement taking into account priority objectives. It requests it to keep the Office informed of any steps taken to that end and any progress made, as well as any difficulties encountered.

Articles 4, 15(c), 16 and 19. Planning and carrying out of inspections. The Committee notes that, according to the CGTP, the CUT and the CATP, labour inspectors continue to act mainly in response to complaints and not according to a schedule of inspections that takes into account predetermined criteria and allows them to target the branches of activity most exposed to hazards to the health and safety of workers, the legal provisions most liable to violation and the most vulnerable categories of workers. According to the unions, inspections relating to occupational safety and health are rare and, in 2008, these inspections accounted for 6.28 per cent of the total inspections carried out, while the number of inspectors responsible for inspections in this area was reduced by 50 per cent. The unions draw particular attention to the high rate of fatal accidents affecting temporary workers and point out that inspections in the public sector are rare. The Committee recalls that, under Article 16 of the Convention, workplaces should be inspected as often and as thoroughly as is necessary to ensure the application of the legal provisions enforceable by the labour inspectorate. Furthermore, it emphasizes that inspections give inspectors the opportunity to supply on-site technical information and advice to employers and workers (Article 3(1)(b)), particularly in matters relating to occupational safety and health, but also in other areas, and to make use of the broad powers of investigation defined in Article 12(1) to ensure the application of the relevant legal provisions. Furthermore, reiterating its 2008 direct request, the Committee once again stresses the need for the labour inspectorate to introduce a combination of different types of inspection (programmed, thematic, in response to a complaint) in order to cover as many workplaces as possible, but also to ensure the principle of confidentiality relating to complaints laid down in Article 15(c). In paragraph 263 of its General Survey of 2006 on labour inspection, the Committee recommends a practice of unannounced visits on a regular basis as a means of observing this principle. According to the information contained in the inspectorate’s 2007 annual report, 102,123 inspections seem to have targeted several branches of activity that are particularly sensitive with regard to safety and health, such as construction, home work, port work, oil companies, transport and mines. However, the Committee emphasizes that, in order to assess the coverage of the labour inspectorate, it requires not only the number of inspections carried out, but also the number of workplaces visited, and, above all, the number of workplaces liable to inspection across the country. The latter figure is particularly important for the planning of inspection activities. The Committee notes with interest the Government’s indication in its report that it is envisaged to ensure that, in future, the labour inspectorate develops a proactive approach based on information obtained in collaboration with the tax administration. It also notes with interest, with reference to its general observation of 2009 concerning the inter-institutional cooperation required for the establishment of a register of workplaces, that the labour inspectorate plans to establish broad cooperation with the National Superintendance of Tax Administration (SUNAT), the National Superintendance of Public Registries (SUNARP), the National Registry of Identification and Civil Status (RENIEC), the social security bodies (EsSalud), as well as the Public Sector Pension Fund (ONP) in order to implement the labour inspectorate’s integrated computer system (SIIT). It hopes that this will result in a mapping of workplaces which will allow the central labour inspection authority, established under Act No. 28806 on labour inspection, to draw up an appropriate schedule of inspections.

The Committee requests the Government to provide the ILO with its opinion concerning the inadequate coverage of the labour inspectorate with regard to occupational safety and health, as well as information concerning any measures taken to give effect to the above Articles of the Convention.

Articles 12(1)(a) and (c), and 15(c). Scope of the principle of the right of free entry of labour inspectors to workplaces liable to inspection. The Committee notes that, according to the Government, steps have been taken to bring the legislation into conformity with the above provisions of the Convention. However, it notes that, under section 8 of Supreme Decree No. 019-2007-TR amending Act No. 28806 on labour inspection, labour inspectors are authorized, where there is a threat to the life or safety of the workers, to carry out inspections on their own initiative without a prior mission order but that subsequent approval is required to validate the inspection. Consequently, it seems that labour inspectors still do not enjoy the right of free access to workplaces, as defined by Article 12(1). The Committee is therefore bound to emphasize once again that it is essential that labour inspections are not subject to any authorization. Furthermore, the requirement of a mission order containing a description of the purpose of the inspection constitutes an obstacle to the guarantee by inspectors of confidentiality concerning the source of the complaint and the link between the inspection and a complaint (Article 15(c)). Recalling that it has been commenting on the right of labour inspectors to enter freely any workplace liable to inspection for several years (2001, 2004, 2006, 2008), the Committee requests the Government to take measures as soon as possible to bring the legislation and practice into conformity with the Convention on this point, in particular through the repeal of the legal provisions which make inspection visits dependant on an order issued by a higher authority, as well as those providing that the scope and purpose of inspections must be established in advance for all inspection visits. The Committee requests it to provide information in its next report concerning these measures and to provide a copy of any relevant text.

Articles 20 and 21. Noting with interest, following its repeated requests, the provision of a report on the work of the labour inspectorate for 2007, the Committee draws the Government’s attention to the useful guidance contained in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), concerning the manner in which the information required by Article 21(a)–(g) could be presented and would be grateful if it would take the necessary measures to ensure that an annual report containing the information set out in these provisions is published and communicated to the ILO in the near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee duly notes the information supplied by the Government concerning the new provisions of legislation giving effect to a number of provisions of the Convention which have been the subject of previous comments in relation to the observations made by the Union of Labour Inspectors (SIT) in 2005.

Article 6 of the Convention. Conditions of service of inspection staff. The Committee notes with interest the adoption of a specific pay scale for inspection staff and the pursuit of discussions with the trade union regarding variable pay modulations linked to seniority, merit and other criteria. The Committee would be grateful if the Government would supply information on the outcome of these discussions and any practical follow-up action taken.

Articles 12, paragraph 1(a) and (c), and 15(c). Scope of the principle of the right of free entry of labour inspectors to workplaces liable to inspection. With reference to its previous comments, the Committee notes that the Government has not replied to its concerns regarding the legal restrictions on inspectors’ right of free access to workplaces, this right still being dependent on a mission order, regardless of whether the inspection visits are planned, are initiated following a complaint, or are intended to provide information and technical advice. These restrictions are laid down by section 10(2) and section 13(a) of General Labour Inspection Act No. 28806, and also sections 8 and 9.1 of the implementing regulations issued by Supreme Decree No. 019-2006-TR of 29 October 2006. Restrictions also apply to the scope of controls (section 13(5) of the Act and section 11 of the Decree). The Committee regrets that inspectors’ right of free access to workplaces liable to inspection, as laid down by section 5(2) of the abovementioned Act, is so limited by the abovementioned provisions that it is completely negated, which is in contradiction with Article 12, paragraph 1(a), of the Convention. This provision states that the exercise of this right may be subjected to the sole condition that the labour inspector is provided with proper credentials. On the basis of the preparatory work for the Convention, the Committee emphasizes that the expression “proper credentials” means documents which certify the status of the labour inspector. Without prejudice to the provisions governing inspection visits on the basis of criteria fixed at national or regional level by the central inspection authority for each branch of activity or legislative domain, the Committee once again emphasizes the need to give legal recognition to inspectors’ right of free access and free investigation in workplaces subject to inspection as provided for by Article 12, paragraph 1(a) and (c). It invites the Government to refer to paragraphs 265–271 and 274–278 of its General Survey of 2006 on labour inspection to grasp the foundation and scope of these provisions in relation to the goal the of effectiveness which they pursue, particularly in the light of Article 15(c) of the Convention, which states that labour inspectors must treat as absolutely confidential the source of any complaint … and must give no intimation to the employer or his representative that an inspection visit was made further to receipt of a complaint. Sufficient freedom to take the initiative with regard to inspection visits is essential for labour inspectors to be able to abide by the obligation of confidentiality by having the possibility of conducting a visit arising from a complaint in the same way as routine controls. By using his visit to extend controls to various other matters, the inspector will avoid the risk of the employer or his representative becoming aware of the existence of a complaint and exposing the person who made the complaint to possible reprisals. The Committee therefore strongly hopes that the Government will take the necessary measures as soon as possible to bring the legislation into conformity with these provisions of the Convention, i.e. that it will take steps to abolish the legal provisions which systematically make inspection visits dependent on an order issued by a higher authority, and also the provisions which state that the scope and subject of controls must be fixed in advance for all inspection visits.

Practical functioning of the labour inspection system. In its previous comment, the Committee noted that, owing to the ILO/FORSAT project, the labour inspectorate would soon have a system for the computerization of data concerning its activities. It notes that an annual inspection report has still not been published as provided for by Article 20. It hopes that the central authority will be in a position to meet this obligation in the near future. In the meantime, it would be grateful if the Government would supply in its report on the application of the Convention all available practical information and relevant documents enabling an evaluation of the coverage and effectiveness of the labour inspection system; the number, grades and geographical distribution of inspection staff; the number and geographical distribution of workplaces liable to inspection; the distribution of the vehicle fleet or a description of transport facilities available to inspectors; a description of arrangements promoting effective cooperation between the labour inspectorate and other public bodies and judicial institutions and relevant documentation (for example, concerning the establishment of the register of workplaces liable to inspection, statistics on industrial accidents and cases of occupational disease); a description of arrangements promoting cooperation between the labour inspectorate and employers and workers or their organizations (particularly with regard to occupational safety and health and information on new legislation); forms for inspection visits; copies of inspection reports ordering or recommending prosecution; copies or extracts of administrative or court decisions penalizing those responsible for violating the legal provisions on conditions of work; and any other relevant information or documentation.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the information supplied by the Government on the impact that the earthquake which took place last August in its country has had on its capacity to submit its reports. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its observation, the Committee draws the Government’s attention to the following points.

1. Articles 10 and 16 of the Convention. Number of labour inspectors and inspections. With reference to its previous comments, the Committee notes a decrease in the number of labour inspectors which, according to the table provided by the Government, fell from 234 in 2003 to 203 in 2005. Further noting the persistence of the imbalance that it observed in its previous comments in the distribution of inspectors between the regional directorate in Lima and the 23 other regional directorates, the Committee would be grateful if the Government would: (i) indicate the reasons for the fall in numbers; (ii) specify the number of inspectors responsible for general conditions of work and those dealing with occupational safety and health; and (iii) indicate the number and geographical distribution of workplaces liable to inspection and the workers employed therein.

2. Articles 5(a) and 14. Cooperation between the competent services and notification of industrial accidents and cases of occupational disease to the labour inspectorate. With reference to its previous comments, the Committee notes with satisfaction that section 7 of Act No. 28806 of 19 July 2006, issuing the General Act on labour inspection, establishes the obligation for public bodies and persons discharging public functions to collaborate with the labour inspectorate when such collaboration is necessary for the discharge of the inspection function, and to provide the information at their disposal, including copies of employers’ notifications of industrial accidents and cases of occupational disease. It would be grateful if the Government would take measures rapidly to ensure the application in practice of this provision and provide information in its next report on these measures and their results, as well as copies of any relevant legal text, instruction, form or document.

3. Labour inspection and child labour. Further to its previous comments, the Committee notes with interest that the structures to combat child labour have been reinforced by the establishment, within the Regional Directorate of Labour and Employment Promotion in Lima-Callao, of a service responsible for the protection of minors and occupational safety and health. It notes in particular that this Directorate has undertaken a campaign in the areas most concerned, disseminated information on the legal provisions and procedures governing the issuing of authorizations for work by young persons, gathered information for the preparation of a methodological guide on labour inspection in relation to children, planned seminars on work by young persons and discussions in educational centres concerning the prevention of child labour and coordinated the implementation of a training programme for labour inspectors on this subject. The Committee would be grateful if the Government would indicate whether similar activities have been undertaken in other regions of the country and if it would provide information on the inspection activities undertaken in the field of child labour in the workplaces covered by the Convention and their results.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information supplied by the Government on the impact that the earthquake which took place last August in its country has had on its capacity to submit its reports. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous observation, which read as follows:

The Committee notes the information provided by the Government in its report and the attached documents, with particular reference to Supreme Decree No. 018‑2006-TR of 28 October 2006, amending the Regulations establishing the organization and functions of the Ministry of Labour and Employment Promotion, General Act No. 28806 of 19 July 2006 on the labour inspectorate and Decree No. 019/2006-TR of 28 October 2006 issuing regulations under the General Act on the labour inspectorate. The Committee also notes the new observations made by the Union of Labour Inspectors of the Ministry of Labour and Employment Promotion (SIT), received by the Office on 20 September 2005 and forwarded to the Government on 11 October 2005. The observations made by the Trade Union of Fishing Boat Masters and Owners of Puerto Supe and Associates (SCPPPSA), received by the Office on 3 December 2004 and 28 January 2005 and forwarded to the Government by letters dated respectively 17 December 2004 and 25 July 2005, are examined under the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55).

With regard to the observations made in 2005 by the SIT, the Committee notes that it reiterates in part the issues raised in an observation made in 2003, namely the numerous problems confronting the labour inspectorate, particularly the lack of support and commitment by the public authorities and the criticisms made by the social partners.

1. Lack of support and commitment by the authorities responsible for labour inspection. The SIT refers, among other matters, to the lack of the resources required for the operation of the labour inspectorate, in terms of infrastructure, equipment, transport facilities and the lack of consideration by the responsible authorities, resulting in pressure and unjustified victimization. Furthermore, the conditions of service of the majority of labour inspectors do not offer them any prospect of career promotion, and the level of their remuneration is clearly lower than that of their colleagues, and lower than for similar functions in other departments of the public service. The SIT provided documents containing comparative figures in this respect. It adds that a collective agreement negotiated by the SIT and the Ministry for 2004-05 was not applied in good faith by the latter. The SIT refers to a clause on the allocation of the professional travel expenses of inspectors and the delay in reimbursing their food and accommodation costs, with the arrangements failing to take into account necessary expenses on long-distance travel. The Committee notes that this agreement covers salaries, seniority allowances, the professional travel expenses of inspectors, the exercise of trade union activities and prospects to ensure against the risks related to the profession of inspector, training and temporary detachments to other units. However, from the viewpoint of the SIT, the Ministry, as employer, does not guarantee labour inspectors the conditions of service and stability envisaged in Article 6 of the Convention, nor decent working conditions. However, the SIT emphasizes that labour inspectors hold university diplomas of a fairly high level, are committed to solid moral and ethical principles and demonstrate professionalism and independence. It regrets that the requirement of dedication to one profession imposed on labour inspectors is not accompanied by salaries enabling them to live decently, in view of the importance of their responsibilities, and particularly the extension of their competence under the terms of section 1 of Act No. 28292 of 2004.

The Committee notes that the Government has not replied to the issues raised relating to the conditions of service and of work of labour inspectors. However, it notes with interest that Act No. 28806 of 2006 contains numerous provisions intended to guarantee labour inspectors a status and conditions of service that are in accordance with the requirements of the Convention. Section 26 of the Act provides that the system for the selection and the legal status of inspectors in the labour inspection system shall be governed by specific texts or the provisions applicable to the public service and administrative careers. These texts shall establish the legal status, conditions of service, remuneration, exclusivity of functions, transfer, promotion, classification of posts, termination of employment and disciplinary regime. The Act also establishes the conditions for recruitment and appointment in the inspectorate and the trial period for the various categories of inspection officials. The Committee notes in particular with interest that the means of ascertaining the aptitude of candidates to the profession shall be determined by the central authority of the labour inspection system (Article 7, paragraph 2) and that, in accordance with section 27, labour inspectors shall be obliged to participate in annual programmes of initial training and further training courses. Furthermore, under the terms of section 26, officials discharging inspection functions are ensured of employment stability and may not sanctioned, terminated or transferred for reasons other than a professional fault. The disciplinary procedure must be of an adversarial nature, which implies the hearing and participation of the official concerned.

The Committee hopes that the Government will not fail to provide rapidly the texts issued under the above provisions of the Act and that it will supply information on any action taken by the Minister for the Economy and Finances as a result of the conclusions of the technical and market studies which, according to the SIT, have been submitted to it for examination with a view to improving the salaries of inspectors.

With reference to the SIT’s observation, communicated to the Office in 2003, according to which inspectors are not protected against acts of aggression committed against them, the Committee notes that the Government has still not provided, as it indicated it would, copies of the correspondence that it stated it had addressed to the police authorities for this purpose. It requests the Government to provide the above copies with its next report.

2. Article 16. Coverage of the labour inspection system and priority establishments. The Committee notes that, according to the SIT, employers complain that inspections tend to target large and medium-sized formal enterprises and that a repressive approach is adopted. Workers’ organizations are reported to have expressed the hope that the inspectorate’s database would be extended to enterprises that are not inspected so as to ensure compliance with the labour legislation. According to the SIT, analysis of the inspections carried out shows that they are generally undertaken based on the interests of the responsible authorities, and therefore cover certain categories of enterprises, but that there is no strategic planning involved. The Committee notes that the Government has not provided comments on the trade union’s allegation concerning the methods of designating the workplaces to be inspected and the manner in which it is ensured that such inspections are unannounced and undertaken without previous notice, as required by Article 12, paragraph 1, of the Convention.

3. Articles 6 and 11, paragraph 1(b). Independence of labour inspectors and the provision of transport facilities. With reference to its previous comments, the Committee notes the Government’s indication that the use of means of transport belonging to employers to convey inspectors to remote workplaces only occurs occasionally. However, it notes with concern that this is a practice indicated by ten of the 24 regional divisions questioned on this point and that, in one of these divisions, in cases where inspections are carried out at the request of one party, they are financed to the level of 98 per cent by that party. The Committee therefore notes with interest that section 19 of the Regulations issued under the General Act on labour and the protection of workers of 2001, which authorized the labour inspectorate to have recourse to means of transport belonging to employers, workers or third parties concerned to undertake inspections in remote workplaces, was repealed by the General Act on labour inspection No. 28806 of 19 July 2006. It would be grateful if the Government would indicate the measures through which it is envisaged that inspectors will have the necessary means of transport available for the discharge of their functions.

4. Article 12. Right of inspectors to enter workplaces freely. With reference to its previous observation, the Committee notes with interest that, by virtue of section 13(2) of Decree No. 019 issued under the abovementioned Act, the labour inspector is not obliged to postpone the inspection when one of the parties is absent and that the inspection may proceed without prejudice to its validity. It also notes with satisfaction that, under the terms of section 5(1) of the above Act, the inspectors are also authorized, in accordance with Article 12, paragraph 1, of the Convention, not to notify the employer or her or his representative of their presence where they consider that such notification may be prejudicial to the effectiveness of the inspection. The Committee noted with interest in its previous observation certain amendments made to the legislation that previously covered the right of entry of inspectors into workplaces liable to inspection, while emphasizing that there nevertheless remained contradictions on certain matters in relation to the requirements of the Convention. This is still the case as, under the terms of section 10 of the Act of 2006 referred to above, all inspections are subject to a mission order from the responsible authority, including those based on a complaint or a request for information or technical advice. Contrary to the explanations provided by the Government in its report, there is therefore no exception to the principle of prior authorization, as this provision reiterates the requirement for a mission order not only for programmed inspections and those covering a specific field, but also for all inspections. As a result, inspectors never have the initiative of their action. Emphasizing the negative impact of the various restrictions placed in certain countries on the right of entry of inspectors on the effectiveness of their action, the Committee once again indicated in its 2006 General Survey on labour inspection that these restrictions in law or in practice can only stand in the way of achieving the objectives of labour inspection as set out in the instruments and that they are not in conformity with the Convention. It therefore urged the governments of the countries concerned to take the necessary measures to eliminate them in law and in practice (paragraph 266). With regard in particular to inspections resulting from a complaint, the Committee considers that the principle that they should be subject to a mission order is contrary to the principle set out in the Convention that the labour inspector should be prohibited from revealing to the employer the reason for the inspection. The Committee therefore hopes that the Government will not fail to take measures to amend the relevant legislation to bring it into conformity with the Convention on this essential point and to ensure that labour inspectors are henceforth empowered to enter freely workplaces liable to inspection, under the terms and conditions set out in Article 12.

5. Articles 10, 11 and 20. Financing the human, material and logistical resources necessary for the effective operation of labour inspection and preparation of an annual inspection report. With reference to its previous observation, in which it noted that a multinational cooperation project had been launched to strengthen labour administrations in the countries of the region (ILO/FORSAT), the Committee notes with interest, according to information provided recently by the ILO Regional Office, that a new information system on labour inspection is being established. This system should make it possible to provide the Office with detailed statistics. The Committee also notes that, in accordance with the General Act on labour inspection of 2006, the Ministry of Labour and Employment Promotion, regional governments and the competent public administration agencies will ensure that the labour inspection system has at its disposal, sufficient human resources, offices, premises, materials and equipment. Where there are no appropriate public means of transport, the necessary means of transport will be provided and travel and other incidental expenses arising from the discharge of their inspection functions will be reimbursed, in accordance with the provisions of the Convention. The Committee however notes that, under the terms of the final and transitional provisions of the Act (point 5), the scale of remuneration of labour inspectors whose employment relationship is governed by private law will only be modified in accordance with the availability of the corresponding budgetary allocations. It requests the Government to provide information on the budgetary provisions adopted or envisaged to give full effect to this provision and to indicate whether it is explicitly planned to harmonize the status of labour inspection personnel so as to secure for all inspectors the guarantees provided for in Article 6 of the Convention.

The Committee is addressing a request directly to the Government on certain matters.

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

With reference to its observation, the Committee draws the Government’s attention to the following points.

1. Articles 10 and 16 of the Convention. Number of labour inspectors and inspections. With reference to its previous comments, the Committee notes a decrease in the number of labour inspectors which, according to the table provided by the Government, fell from 234 in 2003 to 203 in 2005. Further noting the persistence of the imbalance that it observed in its previous comments in the distribution of inspectors between the regional directorate in Lima and the 23 other regional directorates, the Committee would be grateful if the Government would: (i) indicate the reasons for the fall in numbers; (ii) specify the number of inspectors responsible for general conditions of work and those dealing with occupational safety and health; and (iii) indicate the number and geographical distribution of workplaces liable to inspection and the workers employed therein.

2. Articles 5(a) and 14. Cooperation between the competent services and notification of industrial accidents and cases of occupational disease to the labour inspectorate. With reference to its previous comments, the Committee notes with satisfaction that section 7 of Act No. 28806 of 19 July 2006, issuing the General Act on labour inspection, establishes the obligation for public bodies and persons discharging public functions to collaborate with the labour inspectorate when such collaboration is necessary for the discharge of the inspection function, and to provide the information at their disposal, including copies of employers’ notifications of industrial accidents and cases of occupational disease. It would be grateful if the Government would take measures rapidly to ensure the application in practice of this provision and provide information in its next report on these measures and their results, as well as copies of any relevant legal text, instruction, form or document.

3. Labour inspection and child labour. Further to its previous comments, the Committee notes with interest that the structures to combat child labour have been reinforced by the establishment, within the Regional Directorate of Labour and Employment Promotion in Lima-Callao, of a service responsible for the protection of minors and occupational safety and health. It notes in particular that this Directorate has undertaken a campaign in the areas most concerned, disseminated information on the legal provisions and procedures governing the issuing of authorizations for work by young persons, gathered information for the preparation of a methodological guide on labour inspection in relation to children, planned seminars on work by young persons and discussions in educational centres concerning the prevention of child labour and coordinated the implementation of a training programme for labour inspectors on this subject. The Committee would be grateful if the Government would indicate whether similar activities have been undertaken in other regions of the country and if it would provide information on the inspection activities undertaken in the field of child labour in the workplaces covered by the Convention and their results.

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

The Committee notes the information provided by the Government in its report and the attached documents, with particular reference to Supreme Decree No. 018-2006-TR of 28 October 2006, amending the Regulations establishing the organization and functions of the Ministry of Labour and Employment Promotion, General Act No. 28806 of 19 July 2006 on the labour inspectorate and Decree No. 019/2006-TR of 28 October 2006 issuing regulations under the General Act on the labour inspectorate. The Committee also notes the new observations made by the Union of Labour Inspectors of the Ministry of Labour and Employment Promotion (SIT), received by the Office on 20 September 2005 and forwarded to the Government on 11 October 2005. The observations made by the Trade Union of Fishing Boat Masters and Owners of Puerto Supe and Associates (SCPPPSA), received by the Office on 3 December 2004 and 28 January 2005 and forwarded to the Government by letters dated respectively 17 December 2004 and 25 July 2005, are examined under the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55).

With regard to the observations made in 2005 by the SIT, the Committee notes that it reiterates in part the issues raised in an observation made in 2003, namely the numerous problems confronting the labour inspectorate, particularly the lack of support and commitment by the public authorities and the criticisms made by the social partners.

1. Lack of support and commitment by the authorities responsible for labour inspection. The SIT refers, among other matters, to the lack of the resources required for the operation of the labour inspectorate, in terms of infrastructure, equipment, transport facilities and the lack of consideration by the responsible authorities, resulting in pressure and unjustified victimization. Furthermore, the conditions of service of the majority of labour inspectors do not offer them any prospect of career promotion, and the level of their remuneration is clearly lower than that of their colleagues, and lower than for similar functions in other departments of the public service. The SIT provided documents containing comparative figures in this respect. It adds that a collective agreement negotiated by the SIT and the Ministry for 2004-05 was not applied in good faith by the latter. The SIT refers to a clause on the allocation of the professional travel expenses of inspectors and the delay in reimbursing their food and accommodation costs, with the arrangements failing to take into account necessary expenses on long-distance travel. The Committee notes that this agreement covers salaries, seniority allowances, the professional travel expenses of inspectors, the exercise of trade union activities and prospects to ensure against the risks related to the profession of inspector, training and temporary detachments to other units. However, from the viewpoint of the SIT, the Ministry, as employer, does not guarantee labour inspectors the conditions of service and stability envisaged in Article 6 of the Convention, nor decent working conditions. However, the SIT emphasizes that labour inspectors hold university diplomas of a fairly high level, are committed to solid moral and ethical principles and demonstrate professionalism and independence. It regrets that the requirement of dedication to one profession imposed on labour inspectors is not accompanied by salaries enabling them to live decently, in view of the importance of their responsibilities, and particularly the extension of their competence under the terms of section 1 of Act No. 28292 of 2004.

The Committee notes that the Government has not replied to the issues raised relating to the conditions of service and of work of labour inspectors. However, it notes with interest that Act No. 28806 of 2006 contains numerous provisions intended to guarantee labour inspectors a status and conditions of service that are in accordance with the requirements of the Convention. Section 26 of the Act provides that the system for the selection and the legal status of inspectors in the labour inspection system shall be governed by specific texts or the provisions applicable to the public service and administrative careers. These texts shall establish the legal status, conditions of service, remuneration, exclusivity of functions, transfer, promotion, classification of posts, termination of employment and disciplinary regime. The Act also establishes the conditions for recruitment and appointment in the inspectorate and the trial period for the various categories of inspection officials. The Committee notes in particular with interest that the means of ascertaining the aptitude of candidates to the profession shall be determined by the central authority of the labour inspection system (Article 7, paragraph 2) and that, in accordance with section 27, labour inspectors shall be obliged to participate in annual programmes of initial training and further training courses. Furthermore, under the terms of section 26, officials discharging inspection functions are ensured of employment stability and may not sanctioned, terminated or transferred for reasons other than a professional fault. The disciplinary procedure must be of an adversarial nature, which implies the hearing and participation of the official concerned.

The Committee hopes that the Government will not fail to provide rapidly the texts issued under the above provisions of the Act and that it will supply information on any action taken by the Minister for the Economy and Finances as a result of the conclusions of the technical and market studies which, according to the SIT, have been submitted to it for examination with a view to improving the salaries of inspectors.

With reference to the SIT’s observation, communicated to the Office in 2003, according to which inspectors are not protected against acts of aggression committed against them, the Committee notes that the Government has still not provided, as it indicated it would, copies of the correspondence that it stated it had addressed to the police authorities for this purpose. It requests the Government to provide the above copies with its next report.

2. Article 16. Coverage of the labour inspection system and priority establishments. The Committee notes that, according to the SIT, employers complain that inspections tend to target large and medium-sized formal enterprises and that a repressive approach is adopted. Workers’ organizations are reported to have expressed the hope that the inspectorate’s database would be extended to enterprises that are not inspected so as to ensure compliance with the labour legislation. According to the SIT, analysis of the inspections carried out shows that they are generally undertaken based on the interests of the responsible authorities, and therefore cover certain categories of enterprises, but that there is no strategic planning involved. The Committee notes that the Government has not provided comments on the trade union’s allegation concerning the methods of designating the workplaces to be inspected and the manner in which it is ensured that such inspections are unannounced and undertaken without previous notice, as required by Article 12, paragraph 1, of the Convention.

3. Articles 6 and 11, paragraph 1(b). Independence of labour inspectors and the provision of transport facilities. With reference to its previous comments, the Committee notes the Government’s indication that the use of means of transport belonging to employers to convey inspectors to remote workplaces only occurs occasionally. However, it notes with concern that this is a practice indicated by ten of the 24 regional divisions questioned on this point and that, in one of these divisions, in cases where inspections are carried out at the request of one party, they are financed to the level of 98 per cent by that party. The Committee therefore notes with interest that section 19 of the Regulations issued under the General Act on labour and the protection of workers of 2001, which authorized the labour inspectorate to have recourse to means of transport belonging to employers, workers or third parties concerned to undertake inspections in remote workplaces, was repealed by the General Act on labour inspection No. 28806 of 19 July 2006. It would be grateful if the Government would indicate the measures through which it is envisaged that inspectors will have the necessary means of transport available for the discharge of their functions.

4. Article 12. Right of inspectors to enter workplaces freely. With reference to its previous observation, the Committee notes with interest that, by virtue of section 13(2) of Decree No. 019 issued under the abovementioned Act, the labour inspector is not obliged to postpone the inspection when one of the parties is absent and that the inspection may proceed without prejudice to its validity. It also notes with satisfaction that, under the terms of section 5(1) of the above Act, the inspectors are also authorized, in accordance with Article 12, paragraph 1, of the Convention, not to notify the employer or her or his representative of their presence where they consider that such notification may be prejudicial to the effectiveness of the inspection. The Committee noted with interest in its previous observation certain amendments made to the legislation that previously covered the right of entry of inspectors into workplaces liable to inspection, while emphasizing that there nevertheless remained contradictions on certain matters in relation to the requirements of the Convention. This is still the case as, under the terms of section 10 of the Act of 2006 referred to above, all inspections are subject to a mission order from the responsible authority, including those based on a complaint or a request for information or technical advice. Contrary to the explanations provided by the Government in its report, there is therefore no exception to the principle of prior authorization, as this provision reiterates the requirement for a mission order not only for programmed inspections and those covering a specific field, but also for all inspections. As a result, inspectors never have the initiative of their action. Emphasizing the negative impact of the various restrictions placed in certain countries on the right of entry of inspectors on the effectiveness of their action, the Committee once again indicated in its 2006 General Survey on labour inspection that these restrictions in law or in practice can only stand in the way of achieving the objectives of labour inspection as set out in the instruments and that they are not in conformity with the Convention. It therefore urged the governments of the countries concerned to take the necessary measures to eliminate them in law and in practice (paragraph 266). With regard in particular to inspections resulting from a complaint, the Committee considers that the principle that they should be subject to a mission order is contrary to the principle set out in the Convention that the labour inspector should be prohibited from revealing to the employer the reason for the inspection. The Committee therefore hopes that the Government will not fail to take measures to amend the relevant legislation to bring it into conformity with the Convention on this essential point and to ensure that labour inspectors are henceforth empowered to enter freely workplaces liable to inspection, under the terms and conditions set out in Article 12.

5. Articles 10, 11 and 20. Financing the human, material and logistical resources necessary for the effective operation of labour inspection and preparation of an annual inspection report. With reference to its previous observation, in which it noted that a multinational cooperation project had been launched to strengthen labour administrations in the countries of the region (ILO/FORSAT), the Committee notes with interest, according to information provided recently by the ILO Regional Office, that a new information system on labour inspection is being established. This system should make it possible to provide the Office with detailed statistics. The Committee also notes that, in accordance with the General Act on labour inspection of 2006, the Ministry of Labour and Employment Promotion, regional governments and the competent public administration agencies will ensure that the labour inspection system has at its disposal, sufficient human resources, offices, premises, materials and equipment. Where there are no appropriate public means of transport, the necessary means of transport will be provided and travel and other incidental expenses arising from the discharge of their inspection functions will be reimbursed, in accordance with the provisions of the Convention. The Committee however notes that, under the terms of the final and transitional provisions of the Act (point 5), the scale of remuneration of labour inspectors whose employment relationship is governed by private law will only be modified in accordance with the availability of the corresponding budgetary allocations. It requests the Government to provide information on the budgetary provisions adopted or envisaged to give full effect to this provision and to indicate whether it is explicitly planned to harmonize the status of labour inspection personnel so as to secure for all inspectors the guarantees provided for in Article 6 of the Convention.

The Committee is addressing a request directly to the Government on certain matters.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Referring also to its observation under the Convention, the Committee draws the Government’s attention to the following points.

Articles 6 and 11, paragraph 1(b), of the Convention. The Committee notes that, under section 19 of the Regulations implementing the General Labour Act, labour inspection may have recourse to the transport facilities of employers, workers or third parties, to visit workplaces which are difficult to access. This provision does not comply with the Convention, and particularly Article 11(b), which establishes the obligation for the competent authority to make the necessary arrangements to provide labour inspectors with the transport facilities necessary for the performance of their duties, in cases where suitable public transport facilities do not exist. The Committee also emphasizes the serious risk of dependency which may arise for labour inspectors under the above provision, despite the obligation for inspectors to indicate in their records the inspections carried out under these conditions. Such dependency is contrary to the principles of impartiality and authority that are indispensable in the relations between labour inspectors and employers and workers. The Government is therefore requested to take measures rapidly to amend the legislation to bring it into line with the Convention on this essential matter and to keep the ILO informed of the progress made.

Articles 10 and 16. Referring to its previous comments, and while noting with interest the significant increase of labour inspection staff between 1999 and 2004, the Committee observes that its imbalanced distribution between the regional directorate in Lima and the 23 other regional directorates has deepened since 1999. The Committee would be grateful if the Government would: (i) indicate the reasons which may justify this distribution of labour inspectors; (ii) specify the number of inspectors responsible for general conditions of work and those dealing with occupational safety and health; and (iii) provide information on the geographical distribution of workplaces liable to inspection and on the workers occupied therein.

Article 14. The Committee notes that section 35 of the General Labour Inspection Act establishes the obligation for employers, workers and the Ministry of Health (through its health centres, the social health insurance scheme ESSALUD, superintendence of health-care providers, clinics and hospitals) to notify the Ministry of Labour and Employment Promotion of industrial accidents and cases of occupational disease, in accordance with the instructions contained in the relevant regulations. It also notes that draft regulations on occupational safety and health are being examined establishing a national information system on occupational accidents and diseases and that a notification form has been designed. The Government is requested to take the necessary measures to ensure that the labour inspector is informed of occupational accidents and cases of occupational diseases, as envisaged by this Article of the Convention, and to provide copies of any relevant provisions.

Labour inspection and child labour. The Committee notes with interest the establishment of a multi-sectoral committee responsible for the implementation of the activities set out in the Plan of Action for Children and Young Persons 2002-10 (PNAI) and of the National Executive Committee for the Prevention and Elimination of Child Labour. It also notes the coordination by the Regional Labour and Employment Promotion Directorate of Lima-Callao of a national plan to prevent and eliminate child labour. Further noting the information concerning the draft review of the Code of Children and Young Persons, the Committee asks the Government to provide information on the role and activities of the labour inspectorate in combating child labour and on the results achieved in relation to the objectives pursued.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Further to its previous comments, the Committee notes that the Government has still not communicated any of the many documents indicated as being attached to its replies communicated to the ILO in November 2003 to the observations formulated in September 2003 by the Union of Labour Inspectors of the Ministry of Labour and Employment Promotion (SIT) on the application of the Convention. The Committee is therefore bound to recall its previous comments concerning the points raised by the SIT, which read as follows:

According to the SIT, labour inspection is not a priority for the Government and does not therefore benefit from the necessary support from the public authorities. It adds that the establishment of a trade union by labour inspectors with a view to defending the interests of the occupation has been punished by a series of intimidation measures against its leaders and members.

Functions, status, conditions of service and safety of labour inspectors. According to the SIT, over half of labour inspectors, including the leaders and members of the trade union, have been affected by transfers to other duties and unannounced evaluations which may be assimilated to direct or tacit threats of dismissal. The personal safety of labour inspectors is not guaranteed, as they are not even covered in the event of employment accidents and no measures are taken to collaborate with the forces of order in the event of obstructions to the discharge of inspection duties.

The SIT adds that the direction of the labour inspectorate has endeavoured to dissuade labour inspectors from joining the trade union by indicating tacitly, during a meeting concerning the allocation of training grants, that they would be provided to inspectors favourable to the administration, which did occur in practice.

According to the Government, transfers of labour inspectors are not a new development related to the establishment of the trade union. It indicates that they are dictated by the requirements of the service and, more recently, to respond to the training needs of the labour inspectorate, in accordance with the new policy of the Ministry. Certain inspectors, for example, have been made responsible for examining collective redundancies in state enterprises, public sector bodies and local governments. The Government states that the transfers of inspectors to which the SIT refers were prior to the establishment of the trade union and are not therefore related to it. It adds that the new duties are related to the functions for which the inspectors were recruited and do not therefore jeopardize the principle of the employment stability of inspectors. This employment stability is guaranteed by the nature of their employment relationship, which is covered by permanent contracts in the context of the General Act respecting labour inspection and the protection of workers. In the view of the Government, the dismissal of inspectors is subject to the conditions set out by the Act and is undertaken on the grounds of a grave professional fault.

The Government emphasizes the particular interest of the national directorate of labour inspection for the training of inspectors, particularly in the fields of safety and health in industrial activities, and it refers to a training project in the framework of an annual plan involving the selection of candidates on the basis of their professional qualifications and experience, to the exclusion of any other discriminatory criteria.

With regard to the personal safety of labour inspectors, the Government states that labour inspectors are protected and that the relevant criminal procedures are initiated whenever the situation so requires. In response to the allegation of the SIT that no measures have been taken to ensure the support of the police forces for inspectors in the event of difficulties in the discharge of their duties, the Government states that such support is envisaged in section 7(b) of the General Act respecting labour inspection and the protection of workers and that, in addition, the directorate of the labour inspection recently addressed the relevant communications to police stations.

Human resources, material resources, transport facilities and the reimbursement of travel expenses. The SIT indicates that the lack of support from the central government for the inspection services is reflected in the first place in the derisory nature of the budget allocated to the labour inspection services. It indicates that inspectors are obliged to cover personally their professional travel expenses, the reimbursement of which is subject to a complex and burdensome procedures, including for inspections of distant workplaces. In the view of the Government, these allegations are without foundation, as the labour inspectorate benefits from a legal status and conditions of employment that are such as to guarantee the objectivity and professionalism of its personnel, as well as measures to strengthen the human and material resources of the services, despite the budgetary restrictions and other austerity measures affecting the whole of the public sector. The Government nevertheless acknowledges that Act No. 28034 of 2003 respecting new austerity measures has imposed restrictions on the use of service vehicles, with the labour inspectorate having at its disposal a single vehicle. Nevertheless, according to the Government, it has recently decided to allocate labour inspectors a budget to cover their professional travel expenses, including their accommodation and incidental travel expenses for inspections of distant workplaces. With regard to office equipment, it indicates that it will be a case of the inspection services being allocated a monthly budget. Furthermore, in the context of a project for the modernization of the labour inspectorate, with the support of the ILO Regional Office, the purchase is envisaged of new computer equipment, vehicles and furniture, as well as training at the national and international levels for labour inspectors.

The Committee notes that the numerous documents which the Government indicated as being attached, in support of the information provided in reply to the matters raised by the Organization, have not been received by the Office. It hopes that they will be provided in the near future and that they will permit a complete examination of the situation at the Committee’s next session.

The Committee reminds the Government of the list of documents as attached to the communication of November 2003:

1.  Communications dated 11 July 2003 to several police stations in Lima.

2.  List of labour inspectors.

3.  List of labour inspectors with an indication of the method of recruitment.

4.  Copy of an employment contract between the Ministry of Labour and labour inspectors.

5.  Decision of the Secretary-General No. 059-2002-TR/SG approving Instruction No. 003-2002-TR/SG on the training programme of the labour inspectors and their temporary duties in other areas.

6.  Instruction No. 003-2002-TR/SG referred to above.

7.  List of training activities carried out in 2002-03 and participants in these activities.

8.  Copy of order forms for the purchase of equipment necessary for labour inspectors.

9.  Copy of mission authorizations indicating the corresponding financial allowances.

10.  Copies of memos authorizing staff travel.

11.  Copy of the 2003 annual public sector budget Act (No. 27829).

12.  Copy of Act No. 28034 of 22 July 2003 adopting additional austerity measures to rationalize public expenditure.

13.  Copy of Ministerial Decision No. 241-2003-TR dated 26 September 2003, authorizing the public prosecutor, on behalf of the Ministry of Labour, to initiate legal proceedings against the aggressors of a female inspector.

Article 12 of the Convention. Right of inspectors to enter workplaces freely. Referring to its previous comments on the implementation of the provisions of this Article, the Committee notes the adoption on 20 July 2004 of Act No. 28292 amending the General Labour Inspection and Worker Protection Act and Presidential Decree No. 010-2004-TR amending the regulations implementing the above Act.

In particular, it notes with interest that section 7 of the General Labour Inspection and Worker Protection Act and section 11 of these Regulations have been amended with a view to extending the period during which inspectors are authorized to carry out, freely and without prior notice, inspections of workplaces. This period now not only comprises normal working hours day and night in workplaces, but also at night outside normal night working hours, to allow controls relating to clandestine work, the technical inspection of machines and equipment which cannot be carried out while they are operating and inspections that are necessary in the case of imminent danger to the safety and health of workers.

The Committee notes, however, that certain legal provisions of the above Act and regulations, as amended, are in contradiction not only with the principle of the right of inspectors to enter workplaces freely, as set out in the new legislation, but also with the relevant provisions of Article 12 of the Convention.

Indeed, section 9(c) of the Act and section 39(A) of the Regulations drastically restrict the right of inspectors to initiate inspections by providing that (except in cases of risks to the safety and health of workers), all inspections are subject to prior written authorization by the administrative labour authority (AAT). Moreover, pursuant to section 37.1 of the Regulations, such authorization should define and limit the scope of the investigations authorized following a complaint.

Section 40(b) of the Regulations prescribes that the presence of the employer or her or his representative at the workplace is imperative for an inspection to be carried out, without which the inspector is obliged to postpone the inspection and notify the employer of its date. Moreover, section 40(f) of the Regulations requires the inspector to be accompanied by the employer and workers during the whole inspection, except during interrogations.

The Committee draws the Government’s attention to the comments that it made in its General Survey of 1985 on labour inspection (paragraph 168 et seq.) on the importance which should be attached to the inspectors’ right of free access to workplaces and their right to free control during the visits. While acknowledging the value of the planning and targeting of inspections by the central inspection authority, depending on the means available, the economic background and the priorities selected based on the assessment of the needs (paragraph 243 of the Survey), the Committee nevertheless pointed out that excessive bureaucracy, such as the requirement of special permits for each inspection, could prejudice the efficiency of inspections. With regard to the written authorization required from the AAT to carry out inspections based on complaints, the Committee considers that this requirement is in any case contrary to the principle set out in Article 15(c) of the Convention under which labour inspectors should be prohibited from revealing to the employer the reason for the visit.

With regard to the obligation for inspectors to be accompanied during inspections by the employer and workers, this is bound to limit the freedom of expression and spontaneity of workers, thereby jeopardizing the effectiveness of the inspection. The Convention is explicit on this point, since Article 12, paragraph 2, establishes the right of the inspectors to derogate from their duty to notify the employer or her or his representative of their presence during inspections where they consider that such notification might be prejudicial to the effectiveness of the inspection.

The Committee therefore urges the Government to continue its efforts to extend the scope of the right of inspectors to enter and inspect workplaces liable to inspection freely, in accordance with the letter and the spirit of the Convention; and to take appropriate measures to remove any obstacles to the exercise of these rights established by laws and regulations, namely: the requirement of prior authorization from the central labour inspection authority to carry out any inspection for any reason whatsoever; the obligation to postpone an inspection in the event of the absence of the employer or her or his representative; and the obligation for inspectors to be accompanied by the employer and workers during inspections. The Committee hopes that relevant information will be provided to the ILO.

2. Cooperation for the establishment of an effective inspection system. The Committee notes, according to the information available to the ILO, the action taken in the context of the regional multilateral ILO technical cooperation project, FORSAT, financed by the Ministry of Labour and Social Affairs of Spain for the strengthening of labour administration services. In particular, the Committee notes with interest that the strengthening of labour inspection is an important component of the project and that it involves vocational training for inspection staff and working methods and procedures. Expressing the hope that the measures taken through the FORSAT project will facilitate the production of an annual labour inspection report, in line with Articles 20 and 21 of the Convention, the Committee would be grateful if the Government would provide information on the implementation of the project and its impact on the operation of the labour inspection system in the light of the provisions of the Convention and the points raised in the Committee’s previous comments.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Referring also to its observation, the Committee once again asks the Government to supply information on the following points.

Article 3 of the Convention. Under the terms of section 5(g) of the General Act respecting labour inspection and the defence of workers, the inspection services may be called upon by the law or by other legal provisions to discharge duties in addition to those set out in paragraph 1(a) to (c) of this Article. The Committee would be grateful if the Government would provide details and clarifications on the nature of these duties and indicate the manner in which it is ensured, as required by paragraph 2 of the same Article, that they do not interfere with the effective discharge of the primary duties of labour inspectors, nor prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Article 5(a). According to the information provided in the Government’s report, the protection of young workers is the coordinated and complementary responsibility of the Ministry of Labour and Social Promotion, the Ministry for the Promotion of Women and Human Development (PROMUDEH), the Ministry of Health and the Ministry of Education. The Committee would be grateful if the Government would provide a copy of any text providing a legal basis for such coordination, as well as any relevant information on the results of the coordination or any difficulties which may have been encountered.

Article 6. The Committee notes that the Government has not provided information concerning the nature of the employment relationship of the new labour inspectors recruited under the Emergency Decree of 21 April 1996, which is a matter raised by the Association of Labour Inspectors. It is therefore requested to provide this information and also to indicate the measures taken to give effect to section 6(2) of the General Act respecting labour inspection, the application of which is reported to have been frozen for budgetary reasons, and under the terms of which labour inspectors are public officials recruited after competition under a contract without limit of time.

Articles 10 and 16. In its previous report, the Government provided information showing a clear imbalance in the distribution of the staff of the labour inspection services between the region of Lima and the rest of the country, and the Committee noted that this imbalance was reflected in the statistics of workplace inspections. The Committee requested the Government to indicate the precise distribution of labour inspectors in geographical terms and by specialization, as well as the corresponding number of workplaces liable to inspection. The Government has not provided the information requested, but has expressed its intention of taking measures to remedy the situation. The Committee hopes that the Government will be in a position to provide in its next report the required information, as well as indications on the nature and implementation of the announced measures.

Article 12. In accordance with section 7(a) of the General Act respecting labour inspection and the defence of workers, labour inspectors are authorized to enter freely and without previous notice at any "reasonable hour" workplaces liable to inspection. The Committee emphasizes that it is essential that there is a legal basis for the right to enter freely at any hour of the day or night any workplace liable to inspection (Article 12, paragraph 1(a)), and to enter by day any premises which inspectors have reasonable cause to believe are liable to inspection (paragraph 1(b)). It therefore requests the Government to take the necessary measures rapidly to bring the legislation into conformity with the Convention in this respect and to provide full information on the progress achieved in this matter.

Article 14. The Committee cannot overemphasize the importance of the role of labour inspectors in the development and implementation of an effective policy for the prevention of occupational risks. To play this role fully, it is necessary for them to be informed of the occurrence of industrial accidents and cases of occupational disease, as required by this Article of the Convention. The Committee trusts that the Government will take measures without delay to establish the obligation for their notification and that it will provide the relevant information.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments, which read as follows:

Requirement for the central inspection authority to publish and transmit to the ILO an annual inspection report. Several decades after ratification of this instrument no annual inspection report has yet been transmitted to the ILO. The Committee therefore draws the Government’s attention once again to the essential nature of the reporting obligation incumbent on the central inspection authority under Articles 20 and 21 of the Convention. It accordingly urges the Government to take the necessary steps as soon as possible to ensure that the central authority is in a position to fulfil the obligation. The purpose of publishing an annual report of the kind provided for in these Articles of the Convention is, in particular, to inform at the national level the social partners of the labour inspectorate’s activities and how effective they are, so that they may express any relevant views. The transmission of such reports to the ILO constitutes, at the international level, an indispensable basis for the supervisory bodies to monitor application of the Convention as part of a constructive dialogue with the Government.

Furthermore, the Committee notes the comments made by the Association of Labour Inspectors of the Ministry of Labour and Employment Promotion (SIT) concerning the application of the Convention and the information supplied in reply by the Government.

According to the SIT, labour inspection is not a priority for the Government and does not therefore benefit from the necessary support from the public authorities. It adds that the establishment of a trade union by labour inspectors with a view to defending the interests of the occupation has been punished by a series of intimidation measures against its leaders and members.

Functions, status, conditions of service and safety of labour inspectors

According to the SIT, over half of labour inspectors, including the leaders and members of the trade union, have been affected by transfers to other duties and unannounced evaluations which may be assimilated to direct or tacit threats of dismissal. The personal safety of labour inspectors is not guaranteed, as they are not even covered in the event of employment accidents and no measures are taken to collaborate with the forces of order in the event of obstructions to the discharge of inspection duties.

The SIT adds that the direction of the labour inspectorate has endeavoured to dissuade labour inspectors from joining the trade union by indicating tacitly, during a meeting concerning the allocation of training grants, that they would be provided to inspectors favourable to the administration, which did occur in practice.

According to the Government, transfers of labour inspectors are not a new development related to the establishment of the trade union. It indicates that they are dictated by the requirements of the service and, more recently, to respond to the training needs of the labour inspectorate, in accordance with the new policy of the Ministry. Certain inspectors, for example, have been made responsible for examining collective redundancies in state enterprises, public sector bodies and local governments. The Government states that the transfers of inspectors to which the SIT refers were prior to the establishment of the trade union and are not therefore related to it. It adds that the new duties are related to the functions for which the inspectors were recruited and do not therefore jeopardize the principle of the employment stability of inspectors. This employment stability is guaranteed by the nature of their employment relationship, which is covered by permanent contracts in the context of the General Act respecting labour inspection and the protection of workers. In the view of the Government, the dismissal of inspectors is subject to the conditions set out by the Act and is undertaken on the grounds of a grave professional fault.

The Government emphasizes the particular interest of the national directorate of labour inspection for the training of inspectors, particularly in the fields of safety and health in industrial activities, and it refers to a training project in the framework of an annual plan involving the selection of candidates on the basis of their professional qualifications and experience, to the exclusion of any other discriminatory criteria.

With regard to the personal safety of labour inspectors, the Government states that labour inspectors are protected and that the relevant criminal procedures are initiated whenever the situation so requires. In response to the allegation of the SIT that no measures have been taken to ensure the support of the police forces for inspectors in the event of difficulties in the discharge of their duties, the Government states that such support is envisaged in section 7(b) of the General Act respecting labour inspection and the protection of workers and that, in addition, the directorate of the labour inspection recently addressed the relevant communications to police stations.

Human resources, material resources, transport facilities and the reimbursement of travel expenses. The SIT indicates that the lack of support from the central government for the inspection services is reflected in the first place in the derisory nature of the budget allocated to the labour inspection services. It indicates that inspectors are obliged to cover personally their professional travel expenses, the reimbursement of which is subject to a complex and burdensome procedures, including for inspections of distant workplaces. In the view of the Government, these allegations are without foundation, as the labour inspectorate benefits from a legal status and conditions of employment that are such as to guarantee the objectivity and professionalism of its personnel, as well as measures to strengthen the human and material resources of the services, despite the budgetary restrictions and other austerity measures affecting the whole of the public sector. The Government nevertheless acknowledges that Act No. 28034 of 2003 respecting new austerity measures has imposed restrictions on the use of service vehicles, with the labour inspectorate having at its disposal a single vehicle. Nevertheless, according to the Government, it has recently decided to allocate labour inspectors a budget to cover their professional travel expenses, including their accommodation and incidental travel expenses for inspections of distant workplaces. With regard to office equipment, it indicates that it will be a case of the inspection services being allocated a monthly budget. Furthermore, in the context of a project for the modernization of the labour inspectorate, with the support of the ILO Regional Office, the purchase is envisaged of new computer equipment, vehicles and furniture, as well as training at the national and international levels for labour inspectors.

The Committee notes that the numerous documents which the Government indicated as being attached, in support of the information provided in reply to the matters raised by the Organization, have not been received by the Office. It hopes that they will be provided in the near future and that they will permit a complete examination of the situation at the Committee’s next session.

The Committee renews it direct request of 2001 to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report and the attached documents, including the General Act respecting labour inspection and the defence of workers, issued by Legislative Decree No. 910 of 2000, and the Regulations issued under the above Act by Supreme Decree No. 020-2001-TR.

Article 3 of the Convention. Under the terms of section 5(g) of the General Act respecting labour inspection and the defence of workers, the inspection services may be called upon by the law or by other legal provisions to discharge duties in addition to those set out in paragraph 1(a) to (c) of this Article. The Committee would be grateful if the Government would provide details and clarifications on the nature of these duties and indicate the manner in which it is ensured, as required by paragraph 2 of the same Article, that they do not interfere with the effective discharge of the primary duties of labour inspectors, nor prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Article 5(a). According to the information provided in the Government’s report, the protection of young workers is the coordinated and complementary responsibility of the Ministry of Labour and Social Promotion, the Ministry for the Promotion of Women and Human Development (PROMUDEH), the Ministry of Health and the Ministry of Education. The Committee would be grateful if the Government would provide a copy of any text providing a legal basis for such coordination, as well as any relevant information on the results of the coordination or any difficulties which may have been encountered.

Article 6. The Committee notes that the Government has not provided information concerning the nature of the employment relationship of the new labour inspectors recruited under the Emergency Decree of 21 April 1996, which is a matter raised by the Association of Labour Inspectors. It is therefore requested to provide this information and also to indicate the measures taken to give effect to section 6(2) of the General Act respecting labour inspection, the application of which is reported to have been frozen for budgetary reasons, and under the terms of which labour inspectors are public officials recruited after competition under a contract without limit of time.

Articles 10 and 14. In its previous report, the Government provided information showing a clear imbalance in the distribution of the staff of the labour inspection services between the region of Lima and the rest of the country, and the Committee noted that this imbalance was reflected in the statistics of workplace inspections. The Committee requested the Government to indicate the precise distribution of labour inspectors in geographical terms and by specialization, as well as the corresponding number of workplaces liable to inspection. The Government has not provided the information requested, but has expressed its intention of taking measures to remedy the situation. The Committee hopes that the Government will be in a position to provide in its next report the required information, as well as indications on the nature and implementation of the announced measures.

Article 12. In accordance with section 7(a) of the General Act respecting labour inspection and the defence of workers, labour inspectors are authorized to enter freely and without previous notice at any "reasonable hour" workplaces liable to inspection. The Committee emphasizes that it is essential that there is a legal basis for the right to enter freely at any hour of the day or night any workplace liable to inspection (Article 12, paragraph 1(a)) and to enter by day any premises which inspectors have reasonable cause to believe are liable to inspection (paragraph 1(b)). It therefore requests the Government to take the necessary measures rapidly to bring the legislation into conformity with the Convention in this respect and to provide full information on the progress achieved in this matter.

Article 14. The Committee cannot overemphasize the importance of the role of labour inspectors in the development and implementation of an effective policy for the prevention of occupational risks. To play this role fully, it is necessary for them to be informed of the occurrence of industrial accidents and cases of occupational disease, as required by this Article of the Convention. The Committee trusts that the Government will take measures without delay to establish the obligation for their notification and that it will provide the relevant information.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Requirement for the central inspection authority to publish and transmit to the ILO an annual inspection report. Several decades after ratification of this instrument no annual inspection report has yet been transmitted to the ILO. The Committee therefore draws the Government’s attention once again to the essential nature of the reporting obligation incumbent on the central inspection authority under Articles 20 and 21 of the Convention. It accordingly urges the Government to take the necessary steps as soon as possible to ensure that the central authority is in a position to fulfil the obligation. The purpose of publishing an annual report of the kind provided for in these Articles of the Convention is, in particular, to inform at the national level the social partners of the labour inspectorate’s activities and how effective they are, so that they may express any relevant views. The transmission of such reports to the ILO constitutes, at the international level, an indispensable basis for the supervisory bodies to monitor application of the Convention as part of a constructive dialogue with the Government.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report for the period ending August 1999. The Committee notes that the Government envisages, in the context of a strategy for the promotion of prevention, wide dissemination of the legal provisions relating to employment in the form of brochures and posters to bring them to the knowledge of workers and employers. In addition, an awareness-raising campaign on the rights and obligations of workers and employers is envisaged, with media support such as newspapers and magazines. It also notes with interest the information indicating the implementation of training activities for inspectors and administrative staff of the inspection services, particularly with the assistance of the ILO and in coordination with institutions such as the National Institute for Statistics and Informatics (INEI) on the use of data-processing equipment and the industry and construction training service (SENCICO) on measures relating to security and hygiene at work. Noting also the adoption of a new code for children and young persons in Act No. 27337 of 21 July 2000, the Committee requests the Government to supply information on the follow-up given to the abovementioned project to disseminate legislative information and on its impact, if any. It would also be grateful if the Government would indicate the measures taken in application of the abovementioned Act and specify the role of labour inspectors in this matter.

Articles 3(2) and (6) of the Convention.  Referring to its previous comments, the Committee notes that, according to the Government, the independence and impartiality of state officials is ensured by Supreme Decree No. 023-99-PCM of 15 June 1999 which lays down prohibitions, incompatibilities and restrictions in relation to their main duties. The Committee, however, notes the lack of the information requested in its previous comments further to the comments from the Association of Labour Inspectors in regard to the nature of the contract of new inspectors recruited in application of Emergency Decree No. 015-96-TR of 21 April 1996. The Government is requested to supply this information and to indicate in what manner, in accordance with Article 3, paragraph 2, it is ensured that the duties performed by labour inspectors in regard to the prevention of social conflicts are not prejudicial to the exercise of their main duties as defined in Article 3(1).

Article 7(3).  The Committee notes that, in the restructuring of labour inspection functions, the Government has recruited by competition new inspectors specialized in law, accounting, economics, industrial engineering and human relations. It notes furthermore the communication of a text consisting of six articles concerning the Ministry of Labour and Social Development procedure for assessing inspectors. Noting that this text does not include any information indicating its origin and legal nature, the Committee would be grateful if the Government would supply a copy of the official text.

Article 8.  The Committee would be grateful if the Government would supply information on the proportion of women on the labour inspection staff and indicate whether special duties are assigned to male and female inspectors respectively.

Article 10.  The Committee notes that, according to the Government’s report, in 1999 the country had 80 inspectors at Lima (of which 72 were responsible for supervising general working conditions and eight responsible for safety and hygiene inspection); 78 other inspectors (including three responsible for safety and hygiene inspection) worked in the rest of the territory. Noting the apparent imbalance in geographical distribution of inspectors, the Committee requests the Government to indicate their distribution by service and as a function of their specialization as well as the number of workplaces, by inspection service and by activity, liable to inspection.

Article 14.  Further to its previous comments, the Committee once again asks the Government to supply information on the procedure for declaration and notification to the competent authorities of industrial accidents and cases of occupational disease.

Article 16.  The Committee notes that, according to the Government, 30,000 inspection visits took place in metropolitan Lima in 1998, of which 4,750 concerned hygiene and safety at work, and some 30,000 in the rest of the country. Further to its previous comments and recalling that, according to Article 16, workplaces liable to inspection shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee hopes that, by means of the systematization and computerization announced by the Government, the latter will be able to supply information on the manner in which effect is given to this provision of the Convention by indicating the total number of workplaces liable to inspection and the number of workers employed there.

Articles 20 and 21.  The Committee requests the Government to ensure that an annual inspection report containing information on the subjects listed under Article 21 will be published regularly and transmitted by the central inspection authority to the ILO, in accordance with Article 20, and to supply information on the measures taken to this end.

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

Referring also to its observation under the Convention, the Committee requests the Government to provide information on a certain number of points.

Article 6 of the Convention. The Committee asks the Government to provide a copy of the regulations governing the periodic evaluation of labour inspectors.

Article 7, paragraph 3. In its previous comments the Committee asked the Government to send information on the measures taken or contemplated for training of serving inspectors. The Committee notes the indication of the report that in accordance with section 3 of Supreme Decree No. 004-96-TR, dated 10 June 1996, the labour inspectors shall have professional training and knowledge about the inspection function and other functions within the competence of the Ministry of Labour and Social Development; shall perform their functions with efficiency, decency; and shall be subject to permanent training conducted by the Ministry of Labour and Social Development or entities designated by it. The report also indicates that in 1995-96 the following courses were conducted: (i) theoretical and practical course about the labour inspection in Peru given by the Technical Department of the Ministry of Labour and Social Development from November 1995 to February 1996; (ii) course in professional ethics given by the personnel of the National Superintendence of Tax Administration in February 1996; (iii) theoretical and practical course about labour inspection and labour matters given by the Vice-Ministry of Labour and other functionaries of the Ministry in November 1996; (iv) weekly group discussions conducted in the Sub-Directorate of Inspection, Hygiene and Security for the purposes of unification of criteria in respect of techniques of inspection and actualization in labour legislation; and (v) the programme of training of labour inspectors given by the members of the Consultative Commission on Labour and technical advisers of the High Directorate of the Ministry of Labour and Social Development in July 1997. In connection with the above the Committee requests the Government to provide information on any evaluation done following these training courses as concerns the efficiency and integrity of the labour inspection. It hopes that the Government will continue to provide particulars on training courses in its future reports.

Article 9. The Committee notes that in accordance with section 16 of Supreme Decree No. 004-96-TR, when verifying compliance with the provisions in the field of hygiene and occupational safety, the Inspection Authority shall have at its disposal specialized technical personnel, and, if necessary, shall request assistance of public sectors involved. The Committee asks the Government to provide indications as to: (i) the legal status, conditions and forms of participation of such technical personnel in the work of the labour inspection; (ii) the respective provisions of the legislation that impose on the entities of the public sector the duty to provide assistance to the labour inspectorate; and (iii) the particular forms of such assistance.

Articles 6 and 12, subparagraph 1(a). The Committee notes that in the observations it submitted to the ILO in October 1996, the Association of Labour Inspectors alleges the decrease in remunerations. It also notes the response by the Government that in the framework of the policy of fiscal austerity it has been decided that certain officials, including labour inspectors, observe normal working hours. Taking into consideration that opportunity to conduct the inspection visits during night-time is crucial for the work of the labour inspection, and that in the absence of adequate motivation the labour inspectors may not be stimulated to conduct such visits, the Committee asks the Government to indicate whether labour inspectors are adequately compensated for the conduct of inspection visits in the night-time, i.e. outside their normal working hours.

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.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the adoption on 11 June 1996 of Supreme Decree No. 004-96-TR. The Committee intends to examine this Decree at its next session and requests the Government to supply information on the application in practice of the Decree.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

In its previous comments the Committee noted a communication of 6 November 1995 from the Association of Labour Inspectors of the Ministry of Labour and Social Development alleging non-compliance with Articles 6, 9, 10 and 16 of the Convention. The Committee notes the comments made by the Government on these observations in a communication of 12 January 1996. The Committee also notes the further allegations made by the Association of Labour Inspectors in communications of October and November 1996 which were sent to the Government for comment on 31 October, 26 November and 5 December 1996 respectively.

1. In the observations it submitted in 1995, the Association of Labour Inspectors alleged non-compliance with Articles 6 (stability of employment), 9 (association of duly qualified technical experts and specialists), 10 (sufficient number of inspectors) and 16 (frequency and thoroughness of inspections).

Article 6. The Association indicated that, in 1992, inspectors were obliged to submit once again to competitive examination for the jobs that they already held and that six monthly evaluations introduced in 1992 have resulted in a reduction in the number of inspectors; the Association alleges that neither the stability nor the independence of inspection staff is guaranteed in regard to changes of government and external influences. The Committee notes the Government's indications in its reply of 12 January 1996 to the effect that stability and independence are ensured when public officials show proof of integrity and efficiency and that the decisions adopted after the six-monthly evaluations may be contested through administrative channels and the courts. The Committee notes that according to the Government's reply it would appear that the inspectors were dismissed because the evaluation of their work was not satisfactory. The Committee notes, however, that these officials seem to have had many years of service and that if the Government considered them inadequate for the service they could have been given appropriate training in the performance of their duties in accordance with Article 7, paragraph 3, of the Convention. The Committee asks the Government to send information on the measures taken or contemplated for training of serving inspectors.

Article 9. The Committee notes that the Association alleged that following an internal reform the Directorate of Occupational Safety and Health has been abolished and the Labour Inspectorate is no longer supported by specialists and experts in occupational health and safety. The Committee notes that in its reply of 12 January 1996, the Government recognizes that the safety and health inspection service no longer has an adequate number of staff but that under Decree No. 04-95-TR the inspection authorities can request the support of appropriate public services. The Committee notes that the participation of specialists is provided in a very general way in the procedure and that, furthermore, the Decree has been repealed by Decree No. 04-96-TR of 11 June 1996. The Committee requests the Government to supply information on the measures taken or envisaged to ensure the participation of duly qualified specialists and technicians in order to ensure the application of the legal provisions relating to health and safety.

Article 10. The Association of Labour Inspectors alleged that the number of inspectors has been reduced by 33 per cent of the total number of inspectors employed in the country in 1991 (70 inspectors for a population of 4 million workers, approximately), that it is insufficient to secure the effective discharge of the duties of the inspectorate, and that the number of inspections carried out is very low (barely 600 ordinary inspections in 1995). It also alleged that the inspectors are assigned administrative tasks such as document filing and archiving and others which bear no relationship to their inspection duties. The Committee notes that in its reply the Government considers that the Convention leaves to the ratifying State the decision regarding the number of inspectors it deems necessary to carry out inspection work; it also states that the inspectors do not carry out administrative tasks. The Committee recalls that the number of inspectors must be sufficient to secure the effective discharge of inspection duties. The allegations of the labour inspectors seem to indicate that filing documents and other administrative work which is not linked directly or indirectly with the work of controlling the application of labour standards and which is imposed on inspectors at a time when, according to available statistics, inspections have decreased sharply, hinder or even prevent the effective exercise of the inspection service. The Committee requests the Government to supply information on the measures taken or envisaged to ensure the application of this Article of the Convention.

Article 16. The Association of Labour Inspectors alleged that the labour inspection services are paralysed and that there is a danger that the inspectors will be replaced by persons recruited through an employment agency. The Committee notes that in its reply of 12 January 1996 the Government rejects the allegation that these services are paralysed and states that a reform of the inspection system is in progress, with the aim of emphasizing the preventive aspect of inspection. The Committee notes from the statistics supplied by the Government that there was a sharp drop in inspections in September and October 1995 which was exacerbated in November and December. The Committee requests the Government to indicate the measures taken to ensure that inspections are carried out as often and as thoroughly as is necessary.

2. The Committee notes the further allegations submitted by the Association of Labour Inspectors in October and November 1996 and notes that the Association refers specifically to the emergency Decree of 29 March 1996, No. 015-96, on the "Labour Inspection and Legal Guidance Programme". This provides for the restructuring of labour inspectorate duties, comprising the complete modification of its operative and administrative parts and revamping current procedures: employment contracts may be concluded with non-qualified persons on a temporary basis to carry out inspection duties; all reports on inspection procedures prior to 31 March 1996 are closed (including, according to the Association of Labour Inspectors, the reports of 455 scheduled inspections conducted in 1995); fines imposed before 31 December 1995, up to an amount of 1,000 soles are cancelled (according to the complainant organization this represents some 95 per cent of the fines imposed); a directive issuing the Decree (Directive No. 01-96-DNRT) states that the files set aside from 2 January 1996 shall be considered as forming part of the annual inspection plan. The Association provides a list of 20 labour inspectors dismissed on 19 February 1996 and nine inspectors dismissed before that date. It denounces the replacement of labour inspectors by staff not included on the Ministry organizational chart nor on the salary roll who are working on service contracts. According to the Association, the temporary staff replace the inspectors in their inspection duties while the inspectors are assigned to administrative and manual tasks. The Committee requests the Government to make its comments on these supplementary allegations of the Association of Labour Inspectors.

3. The Committee notes that the above-mentioned "Labour Inspection and Legal Guidance Programme" ends on 31 December 1996. It requests the Government to provide information on the measures adopted and results achieved under the programme.

4. Articles 20 and 21 of the Convention. The Committee recalls that in its previous comments it noted that no annual report on labour inspection has been received since the ratification of the Convention, 35 years ago. The Committee emphasizes once again that the preparation and publication of period reports on the activities of the inspection services is an essential means for assessing how the Convention is applied and for planning the corrective measures which should be taken. It trusts that all appropriate measures will 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.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

With reference to its observation on the Convention, the Committee requests the Government to provide information on the following matters:

1. Article 3, paragraph 1(b) and (c), of the Convention. The Committee notes that, in contrast with Presidential Decree No. 003-83-TR, Presidential Decree No. 04-95-TR does not give effect to these provisions of the Convention. The Committee requests the Government to indicate the measures which have been taken or are envisaged to give effect to these provisions of the Convention.

2. Article 7. The Committee notes the provisions of section 4 of Presidential Decree No. 04-95-TR. It would be grateful if the Government would indicate the means by which the qualifications of candidates are ascertained and if it would provide information on the training received by inspectors.

3. Article 12, paragraph 1(c)(i). The Committee notes that, under the terms of section 15 of Presidential Decree No. 04-95-TR, inspection visits are carried out with the participation of representatives of the employer and the workers. The Committee would be grateful if the Government would indicate the manner in which it is ensured that inspectors are able to interrogate alone the employer or the staff of the enterprise on any matters concerning the application of the legal provisions, in accordance with this Article of the Convention.

4. Article 14. Please indicate the manner in which effect is given to the provisions of this Article, which requires that the labour inspectorate shall be notified of industrial accidents and cases of occupational disease.

5. Article 15(c). The Committee notes that, in contrast with Presidential Decree No. 003-83-TR, Presidential Decree No. 04-95-TR does not contain any explicit provision imposing upon inspectors the obligation to treat as absolutely confidential the source of any complaints and to give no indication to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged to give effect to this provision of the Convention.

6. The Committee notes that the Basic Guide on Labour Inspection contains a summary of the principal provisions of labour law that are in force and are subject to verification by the inspectorate, in accordance with Presidential Decree No. 04-95-TR, and that employers are obliged to abide by the text of the Guide. The Committee notes that the Guide contains the following sections: general obligations, documents which must be displayed by the employer in the workplace, specific obligations and obligations of the employer with regard to the rights and benefits of workers. The Committee notes that the general obligations set out in the Guide include the verification of the authorization to work of young persons and the responsibility to keep a register containing the data of young workers. This register must contain, among other information, data on the date of birth of the young person, the work performed, the remuneration, working hours, the school attended and school hours. The Committee requests the Government to supply detailed information on the cases of non-compliance reported both as regards the responsibility to keep the above registers, and the various types of data that have to be entered, including the sanctions imposed in the event of violations of the legal provisions, in accordance with Article 12, paragraph 1(c)(ii), and Articles 17 and 18 of the Convention.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied by the Government in its reports for 1993 and 1995. It also notes the observations made on 16 November 1995 by the Association of Labour Inspectors of the Ministry of Labour and Social Development.

1. Articles 10, 16, 20 and 21 of the Convention. With reference to its previous comments, the Committee notes that some statistical information has been provided by the Government concerning the activities of the labour inspectorate. The Committee deduces from the statistical table attached to the report that in the regions the current number of inspectors is lower, and sometimes distinctly lower, than the number of inspectors required. With reference to Articles 10 and 16 of the Convention, the Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate and that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

The Committee also notes that, although the Government has provided some statistical information on the activities of the labour inspectorate, it is nevertheless bound to note once again that it has not received an annual report on labour inspection, and that this situation has remained unchanged since the ratification of the Convention 35 years ago. The Committee recalls that the preparation and publication of periodic inspection reports, as required by the Convention, is an essential means of determining the manner in which the instrument is applied and the remedial measures that need to be taken. The Committee trusts that the appropriate measures will be taken without delay to ensure that annual inspection reports, containing precise information on all the matters enumerated in Article 21, are published and transmitted to the ILO within the time-limits set out in Article 20.

2. The Committee notes the communication from the Association of Labour Inspectors of the Ministry of Labour and Social Development, dated 6 November 1995, alleging non-compliance with Articles 6, 9, 10 and 16 of the Convention.

According to the Association of Labour Inspectors, inspectors were obliged in November 1992 to submit once again to competitive examination for the jobs that they already held, even where they had been recruited as a result of a competition, under threat of being declared surplus to requirements. Furthermore, since 1992, six-monthly evaluations have been carried out which have resulted in the termination of the activities of various inspectors, despite their qualifications. The current number of inspectors has been reduced by 33 per cent of the total number of inspectors employed in the country in 1991 (70 inspectors for a population of 4 million workers, approximately), who also have to discharge administrative tasks as well as their inspection duties. As a result, only a minimum number of under 600 ordinary inspections have been carried out in 1995.

According to the Association of Labour Inspectors, taken together with the commencement of an administrative inquiry against ten labour inspectors, this is undermining the guarantee of stability of employment for the staff of the labour inspection services, and is aggravated by the negative effects on their independence of changes of government and improper external influences, as well as affecting the frequency and thoroughness required for inspections to be able to ensure the effective application of the relevant legal provisions.

According to the Association of Labour Inspectors, this situation is aggravated by the fact that the Directorate of Occupational Safety and Health has ceased to operate, with the result that part of its staff has been made redundant and the others have been reassigned to other services, and that as a consequence the labour inspectorate is no longer supported by physicians specializing in occupational health and safety or other professional technical specialists. According to the allegations, the labour inspection services have been paralyzed since 25 October and the staff have been informed verbally that none of the inspectors will continue to discharge their inspection functions, but that they will be replaced by persons contracted for that purpose, probably through an enterprise providing personnel services, and that the Ministry of Labour has met with this personnel to give "training chats" for a brief period not exceeding one week.

The Committee requests the Government to make its own comments on the allegations made by the Association of Labour Inspectors.

3. The Committee notes Presidential Decree No. 04-95-TR respecting the procedures of the labour inspectorate, which repealed Supreme Decrees Nos. 003-83-TR and 032-83-TR. It also notes the Basic Guide on Labour Inspection, approved by Ministerial Decision No. 036-95-TR. It is addressing a request directly to the Government concerning a number of matters related to the above texts.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the comments made by the Union of Workers of the Country Inn SA and the National Federation of Hotel and Allied Workers of Peru, and the Government's reply. These comments concern the manner in which certain legal provisions relating to wages are respected. The Government indicates in its reply that it does not agree with these comments and states moreover that a new agreement could be negotiated on this subject between the establishments and workers in question. With reference to its 1992 observation, the Committee hopes that the Government will supply all the necessary information concerning the measures which have been taken by the inspection services to ensure, in conformity with Article 3 of the Convention, that the provisions in question are observed.

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

Articles 10, 16, 20 and 21 of the Convention. Further to its previous comments, the Committee notes the brief information provided concerning numbers of inspection visits and fines imposed in 1990 (Article 21(d) and (e)). It recalls that the preparation and publication of regular inspection reports as required by the Convention are an essential means of determining the manner in which it is being applied, and in particular whether workplaces are inspected as often and as thoroughly as necessary, and enabling necessary corrective measures to be taken. It hopes the Government will ensure that the requirements of the Convention are fully observed and that it will supply full details. The Government may wish in this connection to keep in touch with the competent technical services of the ILO.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 20 and 21 of the Convention. The Committee takes note of the information and the statistics concerning the activities of the labour inspectorate communicated by the Government in its report on the application of the Convention. However, it regrets to note that, since the ratification of the Convention, no inspection reports have yet been published. It trusts that, in accordance with the repeated assurances of the Government, appropriate steps will be taken without delay to ensure that annual inspection reports, containing detailed information on all the subjects listed in Article 21, are published and communicated to the ILO within the time-limits set forth in Article 20. [The Government is requested to supply full particulars to the Conference at its 77th session.]