Individual Case (CAS) - Discussion: 2024, Publication: 112nd ILC session (2024)

Written information provided by the Government

Articles 6 and 7 of the Convention. Status, conditions of service and recruitment oflabour inspectors

No.	Full name	Identity card number
1	Luisana Patricia Duarte	3.700.257
2	Ana Karen Casco	4.016.608
3	Jorge Adalberto Aguayo Nacimiento	2.291.422
4	Ronald Rodrigo Quintana Coronel	3.439.754
5	Eligio Gómez Candia	3.425.006
6	Félix Vidal Melgarejo Mosqueira	3.189.738
7	Irene Montserrat Pereira Giménez	4.178.516
8	Santiago Luis Rótela Roa	2.022.490

No.	Full name	Identity card number	Previous salary(guaranies)	Current salary
1	Fernando Báez	2.545.748	3,950,000	Contracted
2	Jorge Cabrera	662.627	3,600,000	Permanent
3	Ezequiel Domínguez	751.261	3,600,000	Permanent
4	Aníbal Mendieta	992.818	3,000,000	Permanent
5	Jorge Chaparro	1.998.892	4,900,000	Permanent
6	Wilson Villalba	3.176.299	3,400,000	Permanent
7	Elida Chamorro	3.215.276	2,700,000	Permanent
8	José María Ríos	3.489.553	3,000,000	Permanent
Average	3,518,750

Articles 10 and 11. Number of labour inspectors. Material conditions of work

Articles 12(1)(a) and (c)(ii), 16 and 18. Restrictions on the power of labour inspectors to enter freely workplaces liable to inspection. Limitations on carrying out labour inspections.

Inspection period	Number of inspections carried out
January – August 2023	187
August 2023 – May 2024	66

Discussion by the Committee

• (1) the persistence of issues relating to the insufficient number of labour inspectors and material resources allocated to the labour inspectorate. In this regard, the Committee noted in particular the indications by the CIIT that inspectors are assigned to only four departments and to the capital district, while the remaining 12 departments have no assigned inspectors;
• (2) the failure of the Government to lift the restrictions established by MTESS Resolutions Nos 47 of 2016 and 56 of 2017 on the powers of inspectors to enter freely and without prior notice any workplace liable to inspection, and the frequency and thoroughness of labour inspections;
• (3) that, with the adoption of MTESS Resolution No. 29 of 2023, inspection activities have been further restricted by the need to obtain an inspection order issued by the highest MTESS authority.

• (1) a total of 29 officials were recruited as labour inspectors and were trained by the ILO between February and April 2016 and, subsequently, in October 2017 a labour inspector training programme was established;
• (2) the labour inspectors were recruited under annual service contracts and that, under Act No. 5554/2016 and Decree No. 4774/16, the MTESS provided for contract staff to join the permanent staff.

• (1) fulfils its role in an impartial, comprehensive and specialized manner with a view to achieving greater formalization in the country;
• (2) provides the necessary operational and logistical resources to inspectors;
• (3) comprises sufficient numbers of inspectors to provide adequate coverage for the effective supervision of labour regulations; and, finally,
• (4) grants inspectors appropriate wage levels that recognize the professionalization and specialization required of them.

• non-existent monitoring of compliance with conditions of work;
• no verification of legal standards, terms of collective agreements or regulations; and
• in practice, abandoning any measures to ensure accident prevention or occupational safety and health.

• a significant increase in the number of labour inspectors so that they cover all of the national territory and all sectoral activities and enterprises for the better protection of workers in terms of their working conditions, freedom of association and occupational safety and health;
• the implementation of enforcement mechanisms which enable access to enterprise premises without bureaucratic obstacles that complicate and hold up action that is urgently needed in many cases;
• the provision of work equipment, especially vehicles, to enable the geographical range of inspection services to be increased; and
• lastly, ensuring the employment stability and technical independence of labour inspectors.

Conclusions of the Committee

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

A Government representative, the Vice-Minister of Labour, referred to the comment made by the Committee of Experts concerning Article 13 of the Convention and the powers of labour inspectors. In practice, the following procedure was applied: at the request of an interested party or officer, the Division of Occupational Safety and Health undertook a first inspection and, if the safety and health conditions were not adequate, the employer would be granted a reasonable period of time to remedy the situation. After this, a second inspection was carried out and if the situation was still unsatisfactory, sanctions would be imposed by means of an administrative resolution. Under the Health Code, which is enforced by the Ministry of Public Health and Welfare, in cases of immediate danger the operational licence of an establishment may be withdrawn. Furthermore a national tripartite Occupational Safety and Health Board had been created by Decree No. 10.836 of 6 September 1991. In conformity with section 280(b) of the Labour Code presently in force, a general technical manual containing standards concerning conditions in the workplace was provided to employers' and workers' organisations for consideration. This manual would soon be mandatory in the entire country and a copy would be transmitted to the ILO shortly. Furthermore, the Government had quintupled the budget of the Occupational Safety and Health Department as compared with last year. The Government was presently reviewing the possibility of technical and financial assistance from the ILO in order to evaluate the national situation with respect to working conditions and occupational safety and health. The Government representative admitted, as was pointed out in the Committee of Experts' comments, that the information provided by the Government was insufficient and stated that the necessary measures were being taken to overcome this difficulty by providing different workshops under the auspices of the ILO and through the horizontal cooperation which had begun with the ILO Office in Buenos Aires. With respect to Articles 10, 16, 20 and 21 of the Convention, while the number of inspectors was insufficient, the Minister intended to present in 1993 a new request to the Treasury for a substantial increase in the number of inspectors and an improvement in the conditions necessary for their effective functioning. Finally, he added that Decree No. 43, which established an increase in the fines applicable for non-compliance with labour provisions, was passed by Executive Order on 31 March 1992.

The Employers' members welcomed the information provided by the Government representative which led one to believe that the legislation would soon be in line with the Convention, but noted that action was also necessary to ensure compliance in practice. They noted the Government's indication that the resources necessary for inspection would be increased, but wondered whether the resources obtained would actually be sufficient and therefore urged the Government to make its best efforts to ensure that this would be the case. They further noted that additional powers would be given to labour inspectors and that a reasonable amount of time would be provided to employers to resolve problems before drastic sanctions would be imposed. They requested the Government to indicate how long a period of time would be given to employers to enable them to take the necessary action before sanctions would be applied. They noted the Government's indication of its intention to communicate the number of inspection visits carried out, but recalled that, under the Convention, an annual inspection report was to be published in order to permit a review of the national situation, the type of remedies used and to assess their effectiveness. Nevertheless, they were encouraged by the Government's statement and noted that the information provided in the next years would demonstrate whether the measures taken were sufficient.

The Workers' members recalled that there were two main problems with respect to the application of this Convention: (1) insufficient powers for labour inspectors; and (2) incomplete information provided in the inspection reports. They noted the Government's assurances that measures would be taken to improve the situation but stressed, as had been noted by the Employers' members, the importance of the practical application of the Convention. They urged the Government to communicate, as soon as possible, further information on the measures taken to improve the situation concerning the above two points for examination by the Committee of Experts.

The Government representative stated that the normal practice for labour inspection visits was to first carry out an initial visit, noting the irregularity, and then granting the employer a period of time to overcome the difficulties. Once this period had elapsed, a second visit was undertaken to verify the situation and, if the anomalies had not been corrected, an adminsitrative resolution would impose the fine established by law. He further noted that new standards existed with respect to non-compliance with labour law in areas other than those of occupational safety and health, and recalled once again the existence of Decree No. 43. Finally, he noted that the results of this Decree were encouraging and promised to inform the Office of the effects of its implementation.

The Committee noted the information provided by the Government. It stressed the importance of the Labour Inspectorate and the annual publication of its reports, in conformity with the Convention. It therefore expressed the hope that the Government would take the necessary steps to ensure the application of the Convention in the near future.

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 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 3, paragraphs 1 and 2, and Articles 5(a), 6, 12, 15(c) and 17 of the Convention. Additional duties entrusted to labour inspectors. The Committee notes that, according to the Government, contrary to the comments made by the Ibero-American Confederation of Labour Inspectors (CIIT) in 2006, the function of mediation falls within the remit of a department within the Ministry of Justice and Labour which is separate from the labour inspectorate and that inspectors are only involved in conciliation work very rarely. Referring to the Government’s report, the Committee notes, however, that labour inspectors have carried out joint activities with other inspection services, such as the Social Welfare Institute, the General Directorate of Migration, which comes under the Ministry of the Interior, and other bodies responsible for enforcing standards in the public transport sector, particularly under Decree No. 8768 of 17 May 2000 establishing an inter-institutional committee composed of these ministerial departments responsible for supervising labour standards and migration in the border areas of the national territory. In its General Survey of 2006 on labour inspection, the Committee was particularly interested in the negative effects that the involvement of labour inspectors in operations aimed at enforcing national migration policy can have on the performance of their primary duties (paragraph 78). In this regard, it drew the attention of governments to the need to ensure, in accordance with Article 3(2) of the Convention, that additional duties that are not aimed at securing the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work are assigned to labour inspectors only in so far as they do not interfere with their primary duties. The Committee noted that inspections of clandestine work or illegal employment, which are increasingly closely linked to irregular migration, were carried out in many countries through a partnership between the labour inspectorate and other public administration bodies, each in pursuit of its own objectives. An examination of the situation relating to labour inspection in these countries showed that efforts to control the use of migrant workers in an irregular situation required the mobilization of considerable human and material resources, which inspectorates could only provide to the detriment of their primary duties. Furthermore, the Committee noted that, where the workers concerned are foreigners residing illegally in the country, they are doubly penalized in that, in addition to losing their job, they face the threat of expulsion, if not actual expulsion. The Committee considered that, in order to be compatible with the protective function of labour inspection, the verification of the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers concerned, and that the objective can only be met if the workers covered are convinced that the primary task of the inspectorate is to enforce the legal provisions relating to conditions of work and protection of workers. In paragraph 161 of the same General Survey, the Committee emphasized that the cooperation of the labour inspectorate with immigration authorities should be carried out cautiously, keeping in mind that the main objective of the labour inspection system is to protect the rights and interests of all workers and to improve their working conditions. The Committee would be grateful if the Government would indicate, in view of the above, the manner in which it is ensured that the participation of labour inspectors in operations to supervise the legality of the employment of migrant workers in no way contravenes Article 3(2) of the Convention and does not interfere with the discharge of the inspection functions defined in paragraph 1.

Article 8 of the Convention. Gender balance within the labour inspectorate. The Committee notes that the Decent Work Country Programme provides for ILO support in identifying good practices relating to gender balance within the public sector in coordination with the Public Service Secretariat and the Ministry of Justice and Labour, and developing a national programme on gender equality in the public service. Noting that, according to the statistics provided, there are 35 men inspectors and 14 women inspectors within the labour inspectorate, the Committee requests the Government to provide information on the measures taken or envisaged to encourage women to join this profession, particularly n high-level posts.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report, the partial replies to the comments made in 2006 by the Ibero-American Confederation of Labour Inspectors (CIIT), the documents attached and the press release by the Ministry of Justice and Labour dated 15 October 2009, received later. It notes with interest the adoption of a Decent Work Country Programme under a tripartite agreement concluded between the Ministry of Justice and Labour, employers’ and workers’ organizations and the ILO, and draws the Government’s attention to the following points.

Articles 3, paragraphs 1(a) and 2, and 18 of the Convention. Low level of supervision; impunity of those committing offences. In reply to the criticism made in 2006 by the CIIT concerning the low level of supervision of the legislation relating to conditions of work and the protection of workers, the Government points out that the new administration, in office since the election of a new President in August 2008, has been able to bring to light numerous cases of reported violations which have not resulted in legal proceedings and bring them to the attention of the public prosecutor. Referring to the statistics attached to its report, the Government emphasizes that the number of charges and penalties imposed (where cases have been the subject of court decisions) has since increased and the amounts of the fines imposed have also increased substantially. The Committee notes this information with interest and requests the Government to provide, while awaiting the production of an annual report on inspection activities as provided for by Articles 20 and 21, statistical data on the violations reported by inspectors in the areas covered by the Convention, the legal action taken against employers at fault and the penalties imposed.

Recalling that, in accordance with Article 18, the penalties should be not only adequate but also effectively enforced, the Committee requests the Government to provide information on the proportion of penalties imposed which are effectively enforced. It invites the Government to refer to Paragraph 9(c) of the Labour Inspection Recommendation, 1947 (No. 81), with regard to the manner in which statistics could usefully be presented.

Article 6. Precarious status and conditions of service of labour inspectors. In reply to the allegations made by the CIIT concerning the poor conditions of service and precarious status of labour inspectors, the Government acknowledges that the collective agreement concluded in 1998 by the Ministry of Justice and Labour and the Single Union of Officials and Employees of the Ministry of Justice and Labour (SUFEMJTPY) is not applied in practice. It indicates that 85 per cent of labour inspectors are permanent officials, while the remaining 15 per cent are new recruits or persons seconded from other ministerial departments or State institutions. With regard to the level of remuneration of inspectors, the Government provides information showing that it is very close to the legal minimum wage and is in no way commensurate with their level of training, the complexity of their duties or their length of service. The Government also indicates that an investigation conducted in respect of several inspectors following allegations of corruption resulted in six titular controllers/inspectors being charged and suspended until the end of the proceedings. It also resulted in more than half the number of titular inspectors being transferred to other posts within the same Ministry and the recruitment of nine new inspectors. These developments have resulted in a substantial reduction in the level of seniority of personnel. The Committee expresses concern at the situation described by the Government and urges it to take the necessary measures to enhance the conditions of service of labour inspectors and controllers (remuneration, career prospects, consideration of their socio-economic role) to protect them from the corrupt practices to which they are currently exposed on account of their vulnerability. The Committee requests the Government to refer in this respect to paragraphs 201 to 220  of its 2006 General Survey on labour inspection and to provide information in its next report on the measures taken or envisaged in this regard including, in particular, information allowing a comparison of the conditions of service of labour inspectors with those applicable to other officials carrying out activities with a comparable level of responsibility, such as inspectors in the ministry responsible for finance and tax.

Article 7, paragraph 3. Inadequacy of training for labour inspectors. The Committee notes three resolutions of the Deputy Minister of Labour and Social Security attached to the Government’s report concerning the various training courses which have been provided for officials, including labour inspectors, namely: a four-day training workshop in the context of the HIV/AIDS in the workplace project; a three-day workshop on work and health within the labour inspectorate; a day on labour law and AIDS in the context of the HIV/AIDS project; and an advanced computer course. The Government also announces other courses organized specifically for occupational safety and health inspectors, without providing further information. The Government adds that a labour inspection manual has been produced in cooperation with workers’ organizations (CPT, CNT and CUT) and employers’ organizations (UIP and FEPRINCO). The manual deals with: the objectives and principles of labour inspection and supervision; the characteristics of the labour inspection service and its fields of competence; the different types of inspection and the various areas covered; the responsibilities and duties of inspectors; the labour inspection procedure; the preparation of inspection reports and follow-up inspections; and finally the penalties applicable under the labour legislation. The relevant ILO Conventions and Recommendations, as well the national legislative provisions, laws and decrees, governing the activity of labour inspection and supervision are attached to the manual. Referring to the allegations made by the CIIT concerning the inadequacy of training for labour inspectors, the Committee notes that the training sessions mentioned by the Government are very short, concern relatively limited matters compared to the numerous and complex duties they have to carry out and were only attended by a small number of inspectors. The Committee requests the Government to take measures to improve the initial training provided to labour inspectors to enable them to carry out the duties set out in Article 3(1) of the Convention, as effectively as possible and to offer them subsequent training in the course of employment  to update their knowledge and skills to enable them to adapt to technological or other developments in the world of work. The Committee would be grateful if it would provide information on the measures taken or envisaged to that end and on any difficulties encountered. The Committee also requests the Government to provide a copy of the above labour inspection manual.

Article 11. Inadequacy of material resources for inspectors. The Committee notes that the Government does not indicate any progress concerning the material resources made available to inspectors and does not reply to the concerns expressed by the CIIT in this regard. However, it notes that under the Decent Work Country Programme, labour inspection is one of the five priorities of labour policy. The Committee requests the Government to take measures, if necessary with external financial assistance, to improve the material and logistical resources available to labour inspectors with a view to the effective performance of their duties and to provide information in this respect.

Article 12, paragraph 1(a), and Article 15(c). Restrictions on the right of inspectors to enter workplaces liable to inspection: obstacles to compliance with the obligation of confidentiality relating to complaints. The Committee notes, according to the documents attached to the report, that labour inspectors are not empowered, as provided for under Article 12(1)(a) of the Convention, to enter freely any workplace liable to inspection and that all inspections seem to be subject to an order by the Deputy Minister of Labour. In its 2006 General Survey mentioned above, the Committee considered that the requirement for a formal authorization issued by a higher authority or by another competent authority to carry out an inspection constitutes a restriction on the principle of the inspectors’ free initiative with regard to the inspection of workplaces (paragraph 265). In accordance with Article 12 of the Convention, inspectors should be empowered to carry out inspections subject only to their being provided with proper credentials. The inspector’s professional identity card should suffice to meet the requirement of proper credentials referred to in the Convention. The Committee therefore requests the Government to take the necessary measures to bring this practice to an end and to ensure that inspectors are empowered, in both law and practice, to enter freely at any hour of the day or night any workplace liable to inspection, as provided for by paragraph 1(a) of Article 12, and to provide information on these measures and their results.

Articles 15(c), 16, 19, 20 and 21. Planning of inspections: conditions required for compliance with the obligation to treat complaints as confidential and for the publication of an annual report on labour inspection activities, as a tool for the evaluation and improvement of the labour inspection system. The Committee notes with interest Decree No. 580 creating the Department for the Registration of Employment Relationships, regulating the Employee Employer Register and defining the penalties applicable in the case of violation, under which all employers are under the obligation to ensure registration in the Employment Register within 60 days from the start of an employment relationship (section 3). It also notes that the tripartite agreement on the Decent Work Country Programme provides for improved computerization of administrative registers and the granting of benefits to employers, particularly to SMEs, who enter into formal employment relationships. The Committee hopes that the Decent Work Country Programme will be launched quickly, as the existence of a workplace register is necessary to achieve the objectives of the Convention. Such registers are an essential tool for the application of Article 16 relating to the frequency and quality of inspections. They facilitate the planning and carrying out of routine inspections in the workplaces covered by the Convention and ensure that labour inspectors comply with the obligation to treat complaints as confidential with a view to preventing the employer or his representative from detecting any link whatsoever between the inspection and the likelihood of a complaint, identifying the person responsible for the complaint and taking reprisals against that person (Article 15(c)). The Government is requested to take measures, particularly through the implementation of the Decent Work Country Programme, to give full effect in both law and practice to the above provisions and to provide information on the progress made in that regard, in particular on the results of the implementation of Decree No. 580 in relation to the above objectives of the Convention.

Noting the continued failure to give effect to Articles 20 and 21 concerning the publication, transmission and content of the annual inspection report, as well as the lack of information on this matter, the Committee requests the Government to provide information in its next report on the implementation of the necessary measures to that end, particularly in response to the efforts to computerize data as envisaged in the Decent Work Country Programme and apply the provisions of the inspection manual relating to the obligation of inspectors to submit periodical reports to the higher authority (Article 19).

Articles 5(a) and 21(e). Effective cooperation between the labour inspection services and the judicial bodies. According to the press release of the Ministry of Justice and Labour, dated 15 October 2009, the creation is envisaged, in the context of the Decent Work Country Programme, of units specializing in labour law within the public prosecutors’ offices in the towns of Pozo Colorado, Filadelfia and Villa Hayes, with a view to improving conditions of work in the Chaco area. Appropriate training should be provided to these public prosecutors to enable them to support the measures taken by labour inspectors in enforcing the law. The Committee takes due note of this information and requests the Government to keep the ILO informed of the follow-up to this project and to indicate any other measures taken to promote effective cooperation between the labour inspection services and the judicial bodies.

The Committee is raising other points in a request addressed directly to the Government.

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

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

The Committee notes the Government’s report and the attached documentation. Although the report was received too late to be examined by the Committee at its present session, the Committee nevertheless reminds the Government that the observations of the Ibero-American Confederation of Labour Inspectors (CIIT), received by the ILO on 4 December 2006, were forwarded to it on 1 March 2007. It notes that the Government’s report does not refer to the CIIT’s observations and does not therefore provide comments on the matters raised therein. The Committee observes that most of the concerns expressed by the CIIT relate to the following points, on which it has been commenting since 1999.

1. Article 6 of the Convention. Precarious status and conditions of service of labour inspectors. According to the CIIT, labour inspectors are not assured of stability of employment as required by the Convention so as to ensure their independence of changes of government and of improper external influences. Any change of government involves the risk that they may lose their job and therefore the independence which guarantees the impartiality and authority necessary for the discharge of their duties. Furthermore, in the view of the CIIT, the level of their remuneration is very low and does not correspond to their individual qualifications. For example, the head of the Occupational Safety and Health Department, who also carries out inspections, receives a lower salary than that of many other inspectors.

2. Article 7, paragraph 3. Absence of adequate training for labour inspectors for the performance of their duties. The CIIT deplores the fact that no appropriate training is provided to inspectors and that they do not even have a guide or manual so that they can perform the duties entrusted to them.

3. Article 11. Precarious and inadequate nature of working conditions. In its observations, the CIIT indicates that the premises and working conditions of the labour inspectorate are far from complying with the minimum conditions required by the Convention. For example, the offices of inspectors are not separated by partitions and there is a lack of equipment and materials.

4. Article 3, paragraphs 1(a) and 2, and Article 18. Low level of supervision; impunity of those committing offences, and the burden of conciliation functions. The CIIT deplores the fact that the violations that are detected do not give rise to the imposition of the penalties established by the law and that inspectors are principally engaged in conciliation functions. As a result, the authority and impartiality which are necessary in their relations with employers and workers are seriously prejudiced.

The Committee would be grateful if the Government would provide the ILO with any comment that it deems appropriate in relation to the observations made by the CIIT. It will examine such comments together with the Government’s report at its next session.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes the Government’s report and the attached documentation. Although the report was received too late to be examined by the Committee at its present session, the Committee nevertheless reminds the Government that the observations of the Ibero-American Confederation of Labour Inspectors (CIIT), received by the ILO on 4 December 2006, were forwarded to it on 1 March 2007. It notes that the Government’s report does not refer to the CIIT’s observations and does not therefore provide comments on the matters raised therein. The Committee observes that most of the concerns expressed by the CIIT relate to the following points, on which it has been commenting since 1999.

1. Article 6 of the Convention. Precarious status and conditions of service of labour inspectors. According to the CIIT, labour inspectors are not assured of stability of employment as required by the Convention so as to ensure their independence of changes of government and of improper external influences. Any change of government involves the risk that they may lose their job and therefore the independence which guarantees the impartiality and authority necessary for the discharge of their duties. Furthermore, in the view of the CIIT, the level of their remuneration is very low and does not correspond to their individual qualifications. For example, the head of the Occupational Safety and Health Department, who also carries out inspections, receives a lower salary than that of many other inspectors.

2. Article 7, paragraph 3. Absence of adequate training for labour inspectors for the performance of their duties. The CIIT deplores the fact that no appropriate training is provided to inspectors and that they do not even have a guide or manual so that they can perform the duties entrusted to them.

3. Article 11. Precarious and inadequate nature of working conditions. In its observations, the CIIT indicates that the premises and working conditions of the labour inspectorate are far from complying with the minimum conditions required by the Convention. For example, the offices of inspectors are not separated by partitions and there is a lack of equipment and materials.

4. Article 3, paragraphs 1(a) and 2, and Article 18. Low level of supervision; impunity of those committing offences, and the burden of conciliation functions. The CIIT deplores the fact that the violations that are detected do not give rise to the imposition of the penalties established by the law and that inspectors are principally engaged in conciliation functions. As a result, the authority and impartiality which are necessary in their relations with employers and workers are seriously prejudiced.

The Committee would be grateful if the Government would provide the ILO with any comment that it deems appropriate in relation to the observations made by the CIIT. It will examine such comments together with the Government’s report at its next session.

[The Government is asked to reply in detail to the present comments in 2008.]

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

The Committee notes the information contained in the Government’s report in reply to its previous comments, as well as the observations made by the Ibero-American Confederation of Labour Inspectors (CIIT) received by the ILO in June 2002, supplementing the observations made in 1999. It also notes the documents attached to the Government’s report.

In its successive comments, the CIIT refers to a number of dysfunctions in the labour inspection system including: the absence of inspection in certain regions, particularly in Chaco Paraguayo and certain towns in the country; and the precarious employment situation of labour inspectors, the alleged discrimination in relation to their salaries, the absence of training and working tools, the intimidation measures to which they are subjected, the impunity of employers who raise obstacles to the discharge of their functions, the impunity of those violating the legislation on conditions of work and the inadequacy of the human, logistical and material resources of the labour inspectorate.

1. Article 2 of the Convention. Coverage of the labour inspection system. The Committee notes that, without replying to the organization’s allegations on this subject, the Government nevertheless indicates that labour inspectors were brought together in a seminar on forced labour organized with ILO support in the region of Chaco Paraguayo. It requests the Government to specify whether all towns and regions, including those in which indigenous workers are engaged in industrial and commercial establishments, are covered by the inspection services and to provide any relevant statistical data.

2. Article 6. Status and conditions of service of labour inspectors. With regard to the precarious professional situation of labour inspectors, their extreme vulnerability on the occasion of the frequent changes of government and authority, and the discriminatory treatment in relation to salaries affecting certain of them, the Government has provided information to the effect that the personnel of the inspection services are covered by the Public Service Act, as well as by the collective agreement on conditions of work concluded by the Minister of Justice and Labour and the Single Union of Officials and Employees in that Ministry, approved by Decree No. 22264 of 7 August 1998, under the terms of which the appointment of career officials first involves a trial period of two months, at the end of which it becomes definitive. The Government adds that, in accordance with section 20 of the same text, decisions to change the functions and relocate officials can only be taken with their explicit consent, and that such decisions are first submitted to the union which can oppose them by means of a reasoned appeal. Noting that the Government has not however provided the Office, as it indicated that it would, and despite the request made on 7 April 2006, with the text of the above collective agreement, the Committee would be grateful if it would do so as soon as possible.

The Committee also requests the Government to indicate the measures adopted or envisaged to secure for all the inspection staff, including those assigned to safety and health, a status and conditions of service commensurate with the level of their responsibilities and to provide a copy of any relevant text.

3. Article 7, paragraph 3. Training of labour inspectors. In reply to the point raised by the CIIT, alleging that labour inspectors do not have the required training, as the only manual made available to them is obsolete, the Government indicates that training is provided by the Paraguayan Institute of Labour Studies (IPET) before candidates to the profession of inspector enter service and that they each receive a copy of the “Labour inspection manual”. Furthermore, according to the Government, during the course of their employment, inspectors also benefit from retraining courses which are provided by the same institution. In addition to the specific training on forced labour provided to inspectors in Chaco Paraguayo, thematic courses and workshops were organized in 2004 and 2005 on child labour. The Committee trusts that the implementation of the project for the modernization and strengthening of the labour inspection service, with the support of the ILO, to which the Government refers, will target, among other subjects, the updating of training for labour inspectors so as to enable them to respond to the changing needs relating to the protection of workers, and that the Government will soon be in a position to provide detailed information on the content and duration of the training, and on the number of inspectors who received such training.

4. Articles 10, 11 and 16. Human, financial and material resources necessary for the operation of the labour inspection system and the frequency of inspections. The insufficient numbers of inspection staff, the lack of equipment, office materials and means of transport, the absence of the reimbursement of travelling and incidental expenses to inspectors, and the insufficient number of inspections, most of which are reactive rather than proactive, are all matters of concern referred to by the CIIT and acknowledged by the Government, with particular reference to the lack of means of transport and even suitably equipped offices for certain inspectors. It states that travel expenses are nevertheless reimbursed to labour inspectors who provide receipts and that a commission responsible for undertaking programmed inspections has been created, but that an increase in human and material resources is indispensable if the frequency of inspections is to increase. The Committee requests the Government to indicate the measures adopted or envisaged to strengthen the human and material resources of the labour inspectorate so that it responds progressively to the requirements of Article 10 in relation to staff numbers, Article 11 concerning material conditions of work and transport facilities and Article 16 with regard to the frequency and quality of inspections.

5. Article 3, paragraph 2. Functions of mediation and supervision of legislation. The Committee notes with interest, in response to the point raised by the CIIT concerning the excessive volume of mediation undertaken by inspectors to the detriment of their inspection activities, that the situation has now been rectified due to the assignment of mediation functions to other officials. However, it is not clear from the two resolutions concerning staff appointments Nos. 11 and 12, of 9 and 10 December 2003, provided by the Government, that all labour inspectors have definitively been relieved of their mediation and conciliation functions in relation to the resolution of collective labour disputes. The Committee would be grateful if the Government would provide information on this matter and supply a copy of any relevant legal provision.

6. Article 12, paragraph 1(a), and Article 18. Free access of inspectors to workplaces liable to inspection and penalties for obstructing labour inspectors in the performance of their duties. According to the CIIT, the authorities have not reacted to information reporting the denial by certain employers of the right of labour inspectors to free access for the purposes of inspection. The Government indicates that, in practice, in such cases labour inspectors submit a report to the courts applying for judicial authorization to enter the premises. The Committee requests the Government to provide information of a practical nature concerning the duration of such a procedure and its impact in terms of the effectiveness of inspection and on the measures taken to ensure that, in accordance with Article 18, adequate penalties are imposed and effectively enforced against those obstructing labour inspectors in the performance of their duties.

7. Articles 20 and 21. Annual inspection report. The Committee notes with regret that no inspection report has been provided for around a decade. However, it notes with interest that the Government has been able to provide information concerning the imposition of penalties against employers in violation of the legislation respecting conditions of work, as well as statistical tables on industrial accidents in establishments located in the capital and the interior of the country in 2004. It trusts that the Government will not fail to take measures as rapidly as possible to enable the central inspection authority to develop its capacity for the compilation of information on the activities of the inspection services, where necessary with ILO technical assistance, and to publish and communicate to the Office, in accordance with Article 20, an annual inspection report covering the whole of the country and all the matters addressed in Article 21.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Referring to its observation, the Committee trusts that the Government will supply additional information on the following points raised in its previous direct request, which read as follows:

Article 3. Functions of the system of labour inspection. The Committee notes the allegations of the Ibero-American Confederation of Labour Inspectors that the conciliatory function is the major activity conducted by labour inspectors in Paraguay, blunting the discharge of their primary duties within the meaning of this provision. This situation was such as to prejudice the authority and impartiality necessary to inspectors in their relations with employers and workers. The Committee asks the Government to provide its response to these comments.

Article 6. Legal status and conditions of service of the inspection staff. In its comments the Ibero-American Confederation of Labour Inspectors alleges that the labour inspectors are not independent of changes of government. It also states that the salaries of inspectors are very low; that the differentiation in the levels of salaries is based not upon the level of education, but on administrative matters; that out of nine safety and hygiene inspectors four receive lower salaries. The Committee notes the indication in the Government’s report that the average salary of the labour inspectors currently is about US$350 while the average salary of other public functionaries and workers in the private sector is approximately US$180. The Committee asks the Government to indicate how the independence of labour inspectors of changes of government is assured and to provide its response to the above allegations.

Article 7, paragraph 3. Adequate training for the performance of inspection duties. The Committee notes that the Ibero-American Confederation of Labour Inspectors alleges the absence of training of labour inspectors. The Committee notes the information in the Government’s report concerning the courses for persons interested in becoming labour inspectors, conducted by the Paraguayan Institute for Labour Studies (IPET), and information concerning arrangements for subsequent training (refresher courses conducted in IPET, and courses especially organized for Inspectors of Hygiene and Occupational Safety). The Committee hopes that the Government will continue to supply information in this respect.

Article 12. Powers of labour inspectors. The Committee notes the allegations of the Ibero-American Confederation of Labour Inspectors that labour inspectors are prevented from entering industrial and commercial undertakings and that the authorities take no steps to remedy the situation when they are informed thereof. The Committee asks the Government to indicate the specific provisions of the national legislation prescribing penalties for obstructing labour inspectors in the performance of their duties and, in particular, for preventing them from entering freely and without previous notice at any hour of the day or night any workplace liable to inspection, and provide information on the practical application of this provision.

Articles 17 and 18. Prompt legal proceedings; adequate penalties. The Ibero-American Confederation of Labour Inspectors alleges that the sanctions provided in the legislation are not applied. The Committee asks the Government to send its comments on these allegations, providing the statistics of violations and penalties imposed.

Articles 20 and 21. Annual reports. The Committee notes that no annual report on the work of the inspection services has been received by the ILO. The Committee asks the Government to provide a copy of such report within the time limits set forth by Article 20, paragraph 3. The Committee also reminds it that annual reports published by the central inspection authority shall deal in particular with all items listed in Article 21, including statistics of industrial accidents and of occupational diseases (Article 21, paragraphs (f) and (g)).

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that it has not received a report. It notes, moreover, that no report has been received since 1999 and that the Government has not accepted the invitation to transmit its comments on an observation received in June 2002 from the Ibero-American Confederation of Labour Inspectors (CIIT). The Committee trusts that the Government will provide a full report for examination at its next session and that it will contain detailed information on all the points  raised in its previous observations.

A request relating to certain issues is again addressed directly to the Government.

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

Also referring to its observation, the Committee once again notes with regret that the Government’s report has not been received. It must therefore repeat its reiterated previous direct request, which read as follows:

The Committee notes with regret that the Government’s report has not been received. 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:

Referring also to its observations, the Committee hopes that the Government would supply information on the following points raised in its previous direct request:

Article 3. Functions of the system of labour inspection. The Committee notes the allegations of the Latin American Confederation of Labour Inspectors that the conciliatory function is the major activity conducted by labour inspectors in Paraguay, blunting the discharge of their primary duties within the meaning of this provision. This situation was such as to prejudice the authority and impartiality necessary to inspectors in their relations with employers and workers. The Committee asks the Government to provide its response to these comments.

Article 6. Status and conditions of service of the inspection staff. In its comments the Latin American Confederation of Labour Inspectors alleges that the labour inspectors are not independent of changes of government. It also states that the salaries of inspectors are very low; that the differentiation in the levels of salaries is based not upon the level of education, but on administrative matters; that out of nine safety and hygiene inspectors four receive lower salaries. The Committee notes the indication in the Government’s report that the average salary of the labour inspectors currently is about US$350 while the average salary of other public functionaries and workers in the private sector is approximately US$180. The Committee asks the Government to indicate how the independence of labour inspectors of changes of government is assured and to provide its response to the above allegations.

Article 7, paragraph 3. Adequate training for the performance of inspection duties. Referring also to its observation the Committee notes that the Latin American Confederation of Labour Inspectors alleges the absence of training of labour inspectors. The Committee notes the information in the Government’s report concerning the courses for persons interested in becoming labour inspectors, conducted by the Paraguayan Institute for Labour Studies (IPET), and information concerning arrangements for subsequent training (refresher courses conducted in IPET, and courses especially organized for Inspectors of Hygiene and Occupational Safety). The Committee hopes that the Government will continue to supply information in this respect.

Article 12. Powers of labour inspectors. The Committee notes the allegations of the Latin American Confederation of Labour Inspectors that labour inspectors are prevented from entering industrial and commercial undertakings and that the authorities take no steps to remedy the situation when they are informed thereof. The Committee asks the Government to indicate the specific provisions of the national legislation prescribing penalties for obstructing labour inspectors in the performance of their duties and, in particular, for preventing them from entering freely and without previous notice at any hour of the day or night any workplace liable to inspection, and provide information on the practical application of this provision.

Articles 17 and 18. Prompt legal proceedings; adequate penalties. The Latin American Confederation of Labour Inspectors alleges that the sanctions provided in the legislation are not applied. The Committee asks the Government to send its comments on these allegations, providing the statistics of violations and penalties imposed.

Articles 20 and 21. Annual reports. The Committee notes that no annual report on the work of the inspection services has been received by the ILO. The Committee asks the Government to provide a copy of such report within the time limits set forth by Article 20, paragraph 3. The Committee also reminds it that annual reports published by the central inspection authority shall deal in particular with all items listed in Article 21, including statistics of industrial accidents and statistics of occupational diseases (Article 21, paragraphs (f) and (g)).

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

The Committee once again notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the observations made by the Latin American Confederation of Labour Inspectors (CIIT) of 20 May 2002. These observations, which are supplementary to those provided by the same organization in 1999, were forward by the ILO to the Government on 22 July 2002. In the view of the organization, the situation denounced in 1999 persists and the operational capacity of the inspection services is continuing to deteriorate. The comments made by the CIIT concern matters relating to the establishment of an inspection system, the functions of the labour inspection system, the status and conditions of service of labour inspectors, their training and activities related to the inspection of workplaces.

Furthermore, the Committee takes note of the Government’s report received by the Office on 8 November 1999. It also notes the observations by the Latin American Confederation of Labour Inspectors of June 1999 alleging in particular the inadequacy of the number of inspectors and of inspection visits which are conducted mainly following complaints and not following a pre-established programme, as well as the absence of means of transport and the non-reimbursement of expenses.

The Committee notes that, according to the statistics transmitted by the Government, the number of inspectors (73) and visits (1,005) in 1998 is insufficient if compared to the number of undertakings (30,000) liable for inspection. These statistics show that each inspector carried out an average of 1.15 inspections monthly, that is a decrease of about 30 per cent in relation to 1996 when the number, although low in absolute terms, was higher. The Government acknowledges that the inspection services lack means of transport, but that certain expenses are reimbursed.

The Committee takes note with interest of the manual on labour inspection, approved by resolution No. 159 of 30 April 1998, relating in particular to the functions and powers of inspectors and to the inspection procedures; its annex reflects the text of the ILO Conventions on labour inspection, as well as the essential national provisions. It also notes a document of September 1999 sent by the Government on the preparation of programmed visits. Noting however that the Latin American Confederation of Labour Inspectors refers to the absence of a manual or guide for inspectors, the Committee asks the Government to indicate the measures contemplated to disseminate the above manual among inspectors.

The Committee hopes that the various initiatives taken by the Government will contribute to improving the activities of the labour inspectorate and that it will take the necessary measures to make available to the inspectorate the resources needed to increase the number of inspectors and the frequency of inspection visits, including programmed visits. It requests the Government to provide information on the progress made.

The Committee hopes that a report will be provided for examination at its next session and that it will contain full particulars on all the points raised.

The Committee is also once again addressing its previous request on other points directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret that the Government’s report has not been received. 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:

Referring also to its observation, the Committee hopes that the Government would supply full information on the following points raised in its previous direct request:

Article 3. Functions of the system of labour inspection. The Committee notes the allegations of the Latin American Confederation of Labour Inspectors that the conciliatory function is the major activity conducted by labour inspectors in Paraguay, blunting the discharge of their primary duties within the meaning of this provision. This situation was such as to prejudice the authority and impartiality necessary to inspectors in their relations with employers and workers. The Committee asks the Government to provide its response to these comments.

Article 6. Status and conditions of service of the inspection staff. In its comments the Latin American Confederation of Labour Inspectors alleges that the labour inspectors are not independent of changes of government. It also states that the salaries of inspectors are very low; that the differentiation in the levels of salaries is based not upon the level of education, but on administrative matters; that out of nine safety and hygiene inspectors four receive lower salaries. The Committee notes the indication in the Government’s report that the average salary of the labour inspectors currently is about US$350 while the average salary of other public functionaries and workers in the private sector is approximately US$180. The Committee asks the Government to indicate how the independence of labour inspectors of changes of government is assured and to provide its response to the above allegations.

Article 7, paragraph 3. Adequate training for the performance of inspection duties. Referring also to its observation the Committee notes that the Latin American Confederation of Labour Inspectors alleges the absence of training of labour inspectors. The Committee notes the information in the Government’s report concerning the courses for persons interested in becoming labour inspectors, conducted by the Paraguayan Institute for Labour Studies (IPET), and information concerning arrangements for subsequent training (refresher courses conducted in IPET, and courses especially organized for Inspectors of Hygiene and Occupational Safety). The Committee hopes that the Government will continue to supply information in this respect.

Article 12. Powers of labour inspectors. The Committee notes the allegations of the Latin American Confederation of Labour Inspectors that labour inspectors are prevented from entering industrial and commercial undertakings and that the authorities take no steps to remedy the situation when they are informed thereof. The Committee asks the Government to indicate the specific provisions of the national legislation prescribing penalties for obstructing labour inspectors in the performance of their duties and, in particular, for preventing them from entering freely and without previous notice at any hour of the day or night any workplace liable to inspection, and provide information on the practical application of this provision.

Articles 17 and 18. Prompt legal proceedings; adequate penalties. The Latin American Confederation of Labour Inspectors alleges that the sanctions provided in the legislation are not applied. The Committee asks the Government to send its comments on these allegations, providing the statistics of violations and penalties imposed.

Articles 20 and 21. Annual reports. The Committee notes that no annual report on the work of the inspection services has been received by the ILO. The Committee asks the Government to provide a copy of such report within the time limits set forth by Article 20, paragraph 3. The Committee also reminds it that annual reports published by the central inspection authority shall deal in particular with all items listed in Article 21, including statistics of industrial accidents and statistics of occupational diseases (Article 21, paragraphs (f) and (g)).

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the observations made by the Latin American Confederation of Labour Inspectors (CIIT) of 20 May 2002. These observations, which are supplementary to those provided by the same organization in 1999, were forward by the ILO to the Government on 22 July 2002. In the view of the organization, the situation denounced in 1999 persists and the operational capacity of the inspection services is continuing to deteriorate. The comments made by the CIIT concern matters relating to the establishment of an inspection system, the functions of the labour inspection system, the status and conditions of service of labour inspectors, their training and activities related to the inspection of workplaces.

Furthermore, the Committee takes note of the Government’s report received by the Office on 8 November 1999. It also notes the observations by the Latin American Confederation of Labour Inspectors of June 1999 alleging in particular the inadequacy of the number of inspectors and of inspection visits which are conducted mainly following complaints and not following a pre-established programme, as well as the absence of means of transport and the non-reimbursement of expenses.

The Committee notes that, according to the statistics transmitted by the Government, the number of inspectors (73) and visits (1,005) in 1998 is insufficient if compared to the number of undertakings (30,000) liable for inspection. These statistics show that each inspector carried out an average of 1.15 inspections monthly, that is a decrease of about 30 per cent in relation to 1996 when the number, although low in absolute terms, was higher. The Government acknowledges that the inspection services lack means of transport, but that certain expenses are reimbursed.

The Committee takes note with interest of the manual on labour inspection, approved by resolution No. 159 of 30 April 1998, relating in particular to the functions and powers of inspectors and to the inspection procedures; its annex reflects the text of the ILO Conventions on labour inspection, as well as the essential national provisions. It also notes a document of September 1999 sent by the Government on the preparation of programmed visits. Noting however that the Latin American Confederation of Labour Inspectors refers to the absence of a manual or guide for inspectors, the Committee asks the Government to indicate the measures contemplated to disseminate the above manual among inspectors.

The Committee hopes that the various initiatives taken by the Government will contribute to improving the activities of the labour inspectorate and that it will take the necessary measures to make available to the inspectorate the resources needed to increase the number of inspectors and the frequency of inspection visits, including programmed visits. It requests the Government to provide information on the progress made.

The Committee hopes that a report will be provided for examination at its next session and that it will contain full particulars on all the points raised.

The Committee is also once again addressing its previous request on other points directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Referring also to its observation, the Committee hopes that the Government would supply full information on the following points raised in its previous direct request:

Article 3. Functions of the system of labour inspection. The Committee notes the allegations of the Latin American Confederation of Labour Inspectors that the conciliatory function is the major activity conducted by labour inspectors in Paraguay, blunting the discharge of their primary duties within the meaning of this provision. This situation was such as to prejudice the authority and impartiality necessary to inspectors in their relations with employers and workers. The Committee asks the Government to provide its response to these comments.

Article 6. Status and conditions of service of the inspection staff. In its comments the Latin American Confederation of Labour Inspectors alleges that the labour inspectors are not independent of changes of government. It also states that the salaries of inspectors are very low; that the differentiation in the levels of salaries is based not upon the level of education, but on administrative matters; that out of nine safety and hygiene inspectors four receive lower salaries. The Committee notes the indication in the Government’s report that the average salary of the labour inspectors currently is about US$350 while the average salary of other public functionaries and workers in the private sector is approximately US$180. The Committee asks the Government to indicate how the independence of labour inspectors of changes of government is assured and to provide its response to the above allegations.

Article 7, paragraph 3. Adequate training for the performance of inspection duties. Referring also to its observation the Committee notes that the Latin American Confederation of Labour Inspectors alleges the absence of training of labour inspectors. The Committee notes the information in the Government’s report concerning the courses for persons interested in becoming labour inspectors, conducted by the Paraguayan Institute for Labour Studies (IPET), and information concerning arrangements for subsequent training (refresher courses conducted in IPET, and courses especially organized for Inspectors of Hygiene and Occupational Safety). The Committee hopes that the Government will continue to supply information in this respect.

Article 12. Powers of labour inspectors. The Committee notes the allegations of the Latin American Confederation of Labour Inspectors that labour inspectors are prevented from entering industrial and commercial undertakings and that the authorities take no steps to remedy the situation when they are informed thereof. The Committee asks the Government to indicate the specific provisions of the national legislation prescribing penalties for obstructing labour inspectors in the performance of their duties and, in particular, for preventing them from entering freely and without previous notice at any hour of the day or night any workplace liable to inspection, and provide information on the practical application of this provision.

Articles 17 and 18. Prompt legal proceedings; adequate penalties. The Latin American Confederation of Labour Inspectors alleges that the sanctions provided in the legislation are not applied. The Committee asks the Government to send its comments on these allegations, providing the statistics of violations and penalties imposed.

Articles 20 and 21. Annual reports. The Committee notes that no annual report on the work of the inspection services has been received by the ILO. The Committee asks the Government to provide a copy of such report within the time limits set forth by Article 20, paragraph 3. The Committee also reminds it that annual reports published by the central inspection authority shall deal in particular with all items listed in Article 21, including statistics of industrial accidents and statistics of occupational diseases (Article 21, paragraphs (f) and (g)).

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the observations made by the Latin American Confederation of Labour Inspectors (CIIT) of 20 May 2002. These observations, which are supplementary to those provided by the same organization in 1999, were forward by the ILO to the Government on 22 July 2002. In the view of the organization, the situation denounced in 1999 persists and the operational capacity of the inspection services is continuing to deteriorate. The comments made by the CIIT concern matters relating to the establishment of an inspection system, the functions of the labour inspection system, the status and conditions of service of labour inspectors, their training and activities related to the inspection of workplaces.

Furthermore, the Committee notes that the Government’s report has not been received and it is therefore bound to reiterate its previous observation on the following points:

The Committee takes note of the Government’s report received by the Office on 8 November 1999. It also notes the observations by the Latin American Confederation of Labour Inspectors of June 1999 alleging in particular the inadequacy of the number of inspectors and of inspection visits which are conducted mainly following complaints and not following a pre-established programme, as well as the absence of means of transport and the non-reimbursement of expenses.

The Committee notes that, according to the statistics transmitted by the Government, the number of inspectors (73) and visits (1,005) in 1998 is insufficient if compared to the number of undertakings (30,000) liable for inspection. These statistics show that each inspector carried out an average of 1.15 inspections monthly, that is a decrease of about 30 per cent in relation to 1996 when the number, although low in absolute terms, was higher. The Government acknowledges that the inspection services lack means of transport, but that certain expenses are reimbursed.

The Committee takes note with interest of the manual on labour inspection, approved by resolution No. 159 of 30 April 1998, relating in particular to the functions and powers of inspectors and to the inspection procedures; its annex reflects the text of the ILO Conventions on labour inspection, as well as the essential national provisions. It also notes a document of September 1999 sent by the Government on the preparation of programmed visits. Noting however that the Latin American Confederation of Labour Inspectors refers to the absence of a manual or guide for inspectors, the Committee asks the Government to indicate the measures contemplated to disseminate the above manual among inspectors.

The Committee hopes that the various initiatives taken by the Government will contribute to improving the activities of the labour inspectorate and that it will take the necessary measures to make available to the inspectorate the resources needed to increase the number of inspectors and the frequency of inspection visits, including programmed visits. It requests the Government to provide information on the progress made.

The Committee hopes that a report will be provided for examination at its next session and that it will contain full particulars on all the points raised.

The Committee is also once again addressing its previous request on other points directly to the Government.

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

The Committee notes that the Government’s report has not been received. 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:

Referring also to its observation under the Convention, the Committee requests the Government to provide further information on the following points:

  Article 3. Functions of the system of labour inspection. The Committee notes the allegations of the Latin American Confederation of Labour Inspectors that the conciliatory function is the major activity conducted by labour inspectors in Paraguay, blunting the discharge of their primary duties within the meaning of this provision. This situation was such as to prejudice the authority and impartiality necessary to inspectors in their relations with employers and workers. The Committee asks the Government to provide its response to these comments.

  Article 6. Status and conditions of service of the inspection staff. In its comments the Latin American Confederation of Labour Inspectors alleges that the labour inspectors are not independent of changes of government. It also states that the salaries of inspectors are very low; that the differentiation in the levels of salaries is based not upon the level of education, but on administrative matters; that out of nine safety and hygiene inspectors four receive lower salaries. The Committee notes the indication in the Government’s report that the average salary of the labour inspectors currently is about US$350 while the average salary of other public functionaries and workers in the private sector is approximately US$180. The Committee asks the Government to indicate how the independence of labour inspectors of changes of government is assured and to provide its response to the above allegations.

  Article 7, paragraph 3. Adequate training for the performance of inspection duties. Referring also to its observation the Committee notes that the Latin American Confederation of Labour Inspectors alleges the absence of training of labour inspectors. The Committee notes the information in the Government’s report concerning the courses for persons interested in becoming labour inspectors, conducted by the Paraguayan Institute for Labour Studies (IPET), and information concerning arrangements for subsequent training (refresher courses conducted in IPET, and courses especially organized for Inspectors of Hygiene and Occupational Safety). The Committee hopes that the Government will continue to supply information in this respect.

  Article 12. Powers of labour inspectors. The Committee notes the allegations of the Latin American Confederation of Labour Inspectors that labour inspectors are prevented from entering industrial and commercial undertakings and that the authorities take no steps to remedy the situation when they are informed thereof. The Committee asks the Government to indicate the specific provisions of the national legislation prescribing penalties for obstructing labour inspectors in the performance of their duties and, in particular, for preventing them from entering freely and without previous notice at any hour of the day or night any workplace liable to inspection, and provide information on the practical application of this provision.

  Articles 17 and 18. Prompt legal proceedings; adequate penalties. The Latin American Confederation of Labour Inspectors alleges that the sanctions provided in the legislation are not applied. The Committee asks the Government to send its comments on these allegations, providing the statistics of violations and penalties imposed.

  Articles 20 and 21. Annual reports. The Committee notes that no annual report on the work of the inspection services has been received by the ILO. The Committee asks the Government to provide a copy of such report within the time limits set forth by Article 20, paragraph 3. The Committee also reminds it that annual reports published by the central inspection authority shall deal in particular with all items listed in Article 21, including statistics of industrial accidents and statistics of occupational diseases (Article 21, paragraphs (f) and (g)).

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee takes note of the Government’s report received by the Office on 8 November 1999. It also notes the observations by the Latin American Confederation of Labour Inspectors of June 1999 alleging in particular the inadequacy of the number of inspectors and of inspection visits which are conducted mainly following complaints and not following a pre-established programme, as well as the absence of means of transport and non-reimbursement of expenses.

The Committee notes that, according to the statistics transmitted by the Government, the number of inspectors (73) and visits (1,005) in 1998 is insufficient if compared to the number of undertakings (30,000) that should be visited. These statistics show that each inspector carried out an average of 1.15 inspection monthly, that is a decrease of about 30 per cent in relation to 1996. The Government acknowledges that inspection services lack means of transport but that certain expenses are reimbursed.

The Committee takes note with interest of the Manual on Labour Inspectorate, approved by resolution No. 159 of 30 April 1998, relating in particular to the functions and powers of inspectors and to the inspection procedures; its annex reflects the text of the ILO Conventions on labour inspectorate, as well as the essential national relevant provisions. It also notes a document of September 1999 sent by the Government on the preparation of programmed visits. Noting however that the Latin-American Confederation of Labour Inspectors refers to the absence of a manual or guide for inspectors, the Committee asks the Government to indicate the measures contemplated to propagate the abovementioned manual among the inspectors.

The Committee hopes that the various initiatives taken by the Government will contribute to improve the activities of the Labour Inspectorate and that it will take the necessary measures to make available to the Inspectorate the resources needed to increase the number of inspectors and the frequency of inspection visits, including programmed visits. It requests the Government to provide information on progress made.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Referring also to its observation under the Convention, the Committee requests the Government to provide further information on the following points:

Article 3. Functions of the system of the labour inspection. The Committee notes the allegations of the Latin American Confederation of Labour Inspectors that the conciliatory function is the major activity conducted by labour inspectors in Paraguay, blunting the discharge of their primary duties within the meaning of this provision. This situation was such as to prejudice the authority and impartiality necessary to inspectors in their relations with employers and workers. The Committee asks the Government to provide its response to these comments.

Article 6. Status and conditions of service of the inspection staff. In its comments the Latin American Confederation of Labour Inspectors alleges that the labour inspectors are not independent of changes of government. It also states that the salaries of inspectors are very low; that the differentiation in the levels of salaries is based not upon the level of education, but on administrative matters; that out of nine safety and hygiene inspectors four receive lower salaries. The Committee notes the indication in the Government's report that the average salary of the labour inspectors currently is about US$350 while the average salary of other public functionaries and workers in the private sector is approximately US$180. The Committee asks the Government to indicate how the independence of labour inspectors of changes of government is assured and to provide its response to the above allegations.

Article 7, paragraph 3. Adequate training for the performance of inspection duties. Referring also to its observation the Committee notes that the Latin American Confederation of Labour Inspectors alleges the absence of training of labour inspectors. The Committee notes the information in the Government's report concerning the courses for persons interested in becoming labour inspectors, conducted by the Paraguayan Institute for Labour Studies (IPET), and information concerning arrangements for subsequent training (refresher courses conducted in IPET, and courses especially organized for Inspectors of Hygiene and Occupational Safety). The Committee hopes that the Government will continue to supply information in this respect.

Article 12. Powers of labour inspectors. The Committee notes the allegations of the Latin American Confederation of Labour Inspectors that labour inspectors are prevented from entering industrial and commercial undertakings and that the authorities take no steps to remedy the situation when they are informed thereof. The Committee asks the Government to indicate the specific provisions of the national legislation prescribing penalties for obstructing labour inspectors in the performance of their duties and, in particular, for preventing them from entering freely and without previous notice at any hour of the day or night any workplace liable to inspection, and provide information on the practical application of this provision.

Articles 17 and 18. Prompt legal proceedings; adequate penalties. The Latin American Confederation of Labour Inspectors alleges that the sanctions provided in the legislation are not applied. The Committee asks the Government to send its comments on these allegations, providing the statistics of violations and penalties imposed.

Articles 20 and 21. Annual reports. The Committee notes that no annual report on the work of the inspection services has been received by the ILO. The Committee asks the Government to provide a copy of such report within the time limits set forth by Article 20, paragraph 3. The Committee also reminds it that annual reports published by the central inspection authority shall deal in particular with all items listed in Article 21, including statistics of industrial accidents and statistics of occupational diseases (Article 21, paragraphs (f) and (g)).

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee takes note of the Government's report received by the Office on 8 November 1999. It also notes the observations by the Latin-American Confederation of Labour Inspectors of June 1999 alleging in particular the inadequacy of the number of inspectors and of inspection visits which are conducted mainly following complaints and not following a pre-established programme, as well as the absence of means of transport and non-reimbursement of expenses.

The Committee notes that, according to the statistics transmitted by the Government, the number of inspectors (73) and visits (1,005) in 1998 is insufficient if compared to the number of undertakings (30,000) that should be visited. These statistics show that each inspector carried out an average of 1.15 inspection monthly, that is a decrease of about 30 per cent in relation to 1996. The Government acknowledges that inspection services lack means of transport but that certain expenses are reimbursed.

The Committee takes note with interest of the Manual on Labour Inspectorate, approved by resolution No. 159 of 30 April 1998, relating in particular to the functions and powers of inspectors and to the inspection procedures; its annex reflects the text of the ILO Conventions on labour inspectorate, as well as the essential national relevant provisions. It also notes a document of September 1999 sent by the Government on the preparation of programmed visits. Noting however that the Latin-American Confederation of Labour Inspectors refers to the absence of a manual or guide for inspectors, the Committee asks the Government to indicate the measures contemplated to propagate the abovementioned manual among the inspectors.

The Committee hopes that the various initiatives taken by the Government will contribute to improve the activities of the Labour Inspectorate and that it will take the necessary measures to make available to the Inspectorate the resources needed to increase the number of inspectors and the frequency of inspection visits, including programmed visits. It requests the Government to provide information on progress made.

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

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

The Committee notes the Government's report for the period ending on 1 September 1996. It requests the Government to provide further information on a certain number of points.

Article 5 of the Convention. Please describe the arrangements made by the Government in order to promote collaboration between officials of the labour inspectorate and employers and workers or their organizations and indicate the particular forms of such collaboration.

Article 6. The Committee asks the Government to provide information enabling it to compare the average annual salary of labour inspectors with that of public officials and the average annual wage in Paraguay.

Articles 10 and 16. The Committee has previously noted that the number of inspectors was insufficient to secure the discharge of their duties. The Committee notes that according to the report of the Inspection and Vigilance Department, 767 inspection visits took place within the period from January to December 1996. Taking into consideration the information provided in the Government's report that there were 38 labour inspectors, it turns out that each inspector on average would have conducted only 1.68 inspection visits per month. The Committee hopes that the Government will adopt measures to increase the number of labour inspectors and inspection visits in order that workplaces be inspected as often and as thoroughly as necessary and asks to provide information on any progress made.

Article 11. Please indicate the geographical distribution of cars and other means of transport furnished to labour inspectors in relation to the number of inspectors.

Article 13. In previous comments the Committee noted the draft resolution intended to ensure the application in law of this Article of the Convention and expressed the hope that it would be adopted in the near future. The Committee notes the Government's indication that labour inspectors have the authority to suspend temporarily the work in case of danger to the lives of workers and other persons. The Committee requests the Government to provide the texts of the relevant specific provisions of the national legislation providing inspectors with such authority.

Articles 20 and 21. The Committee notes that in the report of the Inspection and Vigilance Department for the period from January to December 1996, a significant portion of statistical information required in accordance with Article 21 of the Convention is missing. The Committee asks the Government to take into consideration that annual reports published by the central inspection authority shall deal in particular with all items listed in Article 21 of the Convention, including statistics of industrial accidents and statistics of occupational diseases (Article 21, paragraphs (f) and (g)). The Committee also asks the Government to indicate whether this report was officially published and how its availability to an interested party is assured.

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

The Committee notes that the Government's report has not been received. Nevertheless, with reference to its previous observation, the Committee notes the information supplied by the Government to the Conference Committee in 1992, and the draft resolution relating to the application of Article 13 of the Convention.

Article 13 of the Convention. The Committee notes with interest the draft resolution referred to above which is intended to ensure the application in law of this Article of the Convention. The Committee also notes that, after the period of time given to the employer to remedy the defects found in a first inspection, a second inspection is carried out, and if the situation is still unsatisfactory sanctions are imposed by means of administrative resolution. These sanctions can also be applied in cases of immediate danger and include the possibility of withdrawing the operating licence of the establishment, as provided, according to the information supplied by the Government, in the Health Code. It is also stated that the most representative organizations of workers and employers were consulted in the preparation of a technical manual containing standards concerning conditions in the workplace and that this manual will be mandatory. The Committee hopes that the draft resolution will be adopted in the near future and that the Government will be able to supply a copy, with the technical manual and the Health Code, with its next report. The Committee also trusts that the Government will supply information on its application in practice.

Articles 10, 16, 20 and 21. The Committee notes that, although the number of inspectors is still insufficient, the Ministry of Labour will in 1993 present a request to the Ministry of Finance for a substantial increase in the number of inspectors and an improvement in the conditions necessary for the effective performance of their duties, which are to be extended. The Government also states that it was taking the necessary measures to remedy the lack of information, with the assistance of the ILO. Furthermore, it indicates that it is analysing the possibility of requesting technical and financial assistance from the ILO in order to evaluate the national situation with respect to working conditions and occupational safety and health. Finally, the Committee notes that Decree No. 43, of 31 March 1992, establishes increases in the fines applicable for non-compliance with labour provisions. The Committee would be grateful if the Government would supply information in its next report on any progress achieved with regard to the above measures. It also recalls the importance that it attaches to the publication of annual reports on the inspection services containing all the information referred to in Article 21 and trusts that the Government will be able to publish such reports and transmit copies of them rapidly to the Office.

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

With reference to its previous observations, the Committee notes the Government's report and the inspection report for 1990.

Article 13 of the Convention. The Committee once again recalls that labour inspectors do not have the powers provided for in this Article. The Committee wishes to draw the Government's attention to the need to take steps to enable inspectors to make or have made orders requiring any appropriate measures to eliminate risks to the health or safety of workers. It hopes that the Government will report on any progress made in this respect.

Articles 10, 16, 20 and 21. The Committee takes note of the incomplete information contained in the inspection report. The Committee recalls the importance it attaches to the publication of annual inspection reports, which should contain all the information referred to in Article 21. The purpose of these reports is to facilitate an assessment of the problems and practical results of inspection activities - for example, the adequacy of the strength of the inspectorate, and the guarantee that inspection visits are carried out with the necessary frequency and thoroughness - which, in turn, should enable the authorities to draw useful conclusions for the future application of the Convention. The Committee trusts that the Government will publish annual inspection reports, in accordance with the assurances in its report, which take account of all the points listed in the Convention. It hopes that the next report will contain full information in this respect.

[The Government is asked to report in detail for the period ending 30 June 1992.]

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

Article 13 of the Convention. The Committee notes Decree No. 20.814 of 25 March 1987 to establish the Directorate of Health and Safety of the Ministry of Justice and Labour. It notes that this Decree does not give effect to this Article of the Convention, under which labour inspectors should have the right to make or have made orders requiring any appropriate measures to eliminate risks to the health or safety of workers. The Committee trusts that the Government will take the necessary measures in the near future to give full effect to the provisions of this Article of the Convention.

Article 16. In reply to the Committee's previous comments, the Government states that workplaces are inspected regularly. In this connection, the Committee recalls that, in order to enable it to gain a precise idea of the extent to which this Article of the Convention is applied, it is indispensable for it to be provided with statistics concerning the frequency of inspection visits. It therefore once again requests the Government, either in the context of its report on the application of the Convention, or in the annual inspection report, to supply detailed information on the number of workplaces that have been inspected and the number of workplaces that are liable to inspection.

Articles 20 and 21. The Committee notes with regret that, since the ratification of the Convention, no inspection report has yet reached the ILO. It trusts that the Government will not fail to take the necessary measures to ensure that annual reports on the work of the inspection services, containing detailed information on all the subjects listed in Article 21, are published and transmitted to the ILO within the time-limits set forth in Article 20. [The Government is asked to provide full particulars to the Conference at its 77th Session.]