Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (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 2010, published 100th ILC session (2011)

Referring to its observation, the Committee would be grateful if the Government would supply the information requested in the 2008 direct request under Articles 3(2) (further duties entrusted to labour inspectors),
5 (cooperation necessary to the functioning of the labour inspection service), 7(3) (training of labour inspectors), 11(1)(a) (material resources of the inspection services) and 14 (notification of industrial accidents and cases of occupational disease to the labour inspectorate) of the Convention, together with further information on the following points.

Article 3(2) of the Convention. Role of labour inspectors in the settlement of collective labour disputes. Further to its previous comments, the Committee observes that the law continues to entrust labour inspectors with mediation duties in collective labour disputes. It wishes to point out that, in accordance with Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee would be grateful if the Government would accordingly take measures to relieve labour inspectors of duties relating to the settlement of labour disputes so that they may devote themselves more fully to supervising the legislation on working conditions and the protection of workers, and to keep the Office informed.

Article 6. Status and conditions of service of labour inspectors. Further to its observation on the varying status of labour inspection staff, the Committee asks the Government to provide information on the matter and in any event to take measures to ensure that full effect is given to Article 6 of the Convention on inspection personnel having the duties, powers and prerogatives defined in Articles 3(1), 12, 13 and 17, and to keep the ILO informed of any progress in this regard.

Article 7(1). Qualifications of labour inspectors. Noting that the Basic Act on the Public Service and Administrative Careers (LOSCA) provides for public administration posts (including “labour inspector” posts and “child labour inspector” posts) to be filled by competition, the Committee asks the Government to send detailed information on the competitions organized for the recruitment of labour inspectors during the period covered by the next report, and on the results thereof.

Article 9. Cooperation of specialists and technical experts. The Government is asked to take measures to secure the cooperation of specialists and technical experts duly qualified in the running of the labour inspection service so as to ensure application of the legal provisions on the safety and health of workers while engaged in their work, and to provide details of these measures and their application in practice.

Articles 20 and 21. Publication and communication of an annual inspection report. The Committee asks the Government to ensure that an annual report on the activities of the labour inspectorate containing the information required by Article 21(a)–(g) is published and sent to the ILO at the earliest possible date.

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

The Committee takes note of the brief reports sent by the Government, received on 8 September 2009 and 19 October 2010, and the information on occupational safety and health inspection activities. It also notes with interest the reports produced in the context of bilateral cooperation with the Ministry of Labour and Immigration of Spain on the one hand, and on the other, the Ministry of Labour of Argentina in November 2008 on the operation of the labour inspection system in the country, which contain recommendations for improvement.

Article 3(1)(b) of the Convention. Educational activities conducted by the labour inspectorate. The Committee notes the various training courses on rights at work and on safety and health run for workers, employers, representatives of trade unions and chambers of commerce and technical specialists, which involved visits to plantations and workplaces, and the compilation of a handbook of all existing labour standards subject to supervision by the labour inspectorate. Furthermore, it notes with interest the “SIUDEL” website (www.derechosdeltrabajo.net) provided by the Government which contains a lot of information on labour law, illustrated to make it readily accessible to persons with limited reading ability or poor sight.

Evaluation of the labour inspection system. The Committee notes that the Government provides no information replying to the matters raised in the previous comments concerning the need to supplement the labour legislation in order to strengthen the labour inspection system, and the action taken on the recommendations of the ILO/FORSAT multilateral technical cooperation project, and the Pilot Inspection Plan for Guayaquil produced in the context of this project, which ended in April 2007. The Government merely indicates that action will be taken on the recommendations made in the context of the abovementioned bilateral technical cooperation and on the Committee of Experts’ observations, in the course of the process to reform the labour inspection system now under way.

The Committee observes that the recent diagnosis of the situation and the resulting recommendations largely reflect the findings of the report evaluating the ILO/FORSAT multilateral technical cooperation project of 2005 as concerns the situation of labour inspection in Quito, Guayaquil and Cuenca, namely: the absence of a national labour authority; insufficient human resources and material means; the absence of a body of rules governing the structure, organization, duties and functions of the labour inspection system, the status, powers and obligations of inspectors, and the absence of legal provisions defining offences against the legislation on working conditions and the protection of workers and setting penalties therefor; the absence of any planning and scheduling of inspection visits, and inadequate oversight of occupational safety and health obligations. Attention was also drawn to shortcomings such as the lack of a central labour inspection authority, the disparities between regional and provincial bodies, the absence of any regional safety and health bodies other than the Regional Directorate in Quito, a lack of cooperation between the inspectors of the Ecuadorian Social Security Institute (IESS) and labour inspectors, and overlap in the duties performed by the various categories of inspectors (inspector-controllers, IESS inspectors, inspectors responsible for supervising various projects, labour inspectors, child labour inspectors, only the last two of these categories having public servant status).

The Committee observes that the improvement – noted in its previous comments – in the system of labour registers resulting from the ILO/FORSAT multilateral technical cooperation project enabled the Government of Argentina to make a recommendation for the establishment of an integrated national system for labour statistics to include the various administrative registers, and for reactivation of the Special Committee on Labour Statistics.

To remedy the disadvantages of having several categories of labour inspectors of varying status and of creating a single category of general “integrales” inspectors, the Government states that pursuant to mandato constituyente No. 008, there is to be an integrated labour inspectorate and the administrative, operational and financial organization of the Ministry of Labour and Employment is to be strengthened.

Further to its observation of 2008, the Committee asks the Government once again to take measures to bring the legislation into line with the Convention as regards: determining the workplaces covered (Articles 2 and 23); the functions and organization of the system (Articles 3, 4, 5 and 9); the status and conditions of service of inspection staff (Article 6), its training (Article 7), eligibility of both sexes (Article 8), prerogatives and powers (Articles 12, 13 and 17), ethical (Article 15) and functional (Articles 16 and 19) obligations; the publication of an annual inspection report (Articles 20 and 21). The Government is also asked to supplement the legislation with provisions defining offences enforceable by labour inspectors and setting penalties therefor. Please also send information on any progress made and copies of any texts adopted for the abovementioned purposes.

The Government is again asked to provide the information that is now available thanks to the system for recording labour data such as the number, activities and geographical distribution of the industrial and commercial establishments that are under the supervision of the labour inspectorate; the number and categories of workers employed therein (men, women, young workers in particular) and any other information necessary for an evaluation by the competent authority of the labour inspectorate’s needs in human resources, material means and transport facilities, and to determining priorities for action in the light of Ecuador’s economic circumstances.

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

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

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

Article 3, paragraph 1, of the Convention. Functions of the labour inspection system. The Committee notes that, according to section 545(8) of the Labour Code as amended, labour inspectors are entrusted, in addition to their supervisory functions stipulated under its clauses 1–4, with those provided under ratified international Conventions. It therefore requests the Government to indicate whether they are entrusted with supplying technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions and with bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions, as provided under paragraph 1(b) and (c) of Article 3 of the Convention. In the affirmative, it requests the Government to submit a copy of any relevant text. If this is not the case, it would be grateful if it took measures to this effect and to keep the ILO informed.

Article 3, paragraph 2. Further duties entrusted to labour inspectors. The Committee notes that labour inspectors are entrusted, under various provisions of the Labour Code, with tasks other than those inherent in the job of labour inspection, such as the calculation of bonuses, the notification of legal decisions and the registration of data, etc. It would be grateful if the Government would indicate the measures taken to ensure that, in accordance with this provision of the Convention, the exercise of these additional duties should not interfere or prejudice in any way the authority and impartiality necessary to inspectors in their relations with employers and workers.

Article 5. Cooperation necessary to the functioning of the labour inspection service. The Committee notes that, on this matter, the Government refers to the information provided in its previous report. However, the Committee notes that this report does not contain any information on this Article of the Convention. It therefore requests the Government to indicate the measures taken to guarantee effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities (subparagraph (a)), as well as collaboration between officials of the labour inspectorate and employers and workers (subparagraph (b)).

Article 7, paragraph 3. Training of labour inspectors. The Committee notes the Government’s announcement of measures to provide comprehensive training to labour inspectors so that they might acquire the necessary skills in all areas under their supervision. It notes with interest that it was envisaged, within the framework of bilateral cooperation with Spain, to organize training workshops for labour inspectors in September 2008. The Committee would be grateful if the Government would supply detailed information on any training activity for labour inspectors during the period covered by the next report (content, duration of training activities and number of inspectors concerned).

Article 9. Collaboration between specialists and technical experts. The Committee would be grateful if the Government would indicate how it is ensured that duly qualified specialists and technical experts are associated in the work of labour inspection to guarantee the enforcement of legal provisions relating to the protection of the hygiene and safety of workers while engaged in their work.

Article 11, paragraph 1(a). Material resources of labour inspection services. Following its observation of 2006 on the inadequate resources and working conditions of labour inspectors, the Committee notes the Government’s statement that the premises housing inspection services have been improved. It nevertheless indicates that there is still a shortage of transport facilities required by inspectors to carry out their inspection visits. The Committee requests the Government to specify how the financial resources earmarked for the functioning of labour inspection offices are determined under the budget of the Ministry of Labour and Employment. In particular, it would be grateful if it could indicate the authority responsible for submitting the budget estimate in this respect.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes that, under section 386 of the Labour Code, the employer, the victim or their respective representatives and dependents must notify the labour inspector of industrial accidents or cases of occupational disease. The Committee would be grateful if the Government would communicate information on the notification procedure in the event of occupational disease and to indicate in particular the measures taken to ensure that medical conditions related to the occupation may be identified by the workers concerned, their employer, the occupational health physician or their personal doctor, so that these might be reported to the labour inspectorate.

The Committee draws the Government’s attention to the guidelines laid down in this respect by the code of practice published by the ILO in 1996, “Recording and notification of occupational accidents and diseases”, to which it referred in its general observation the same year.

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

The Committee notes the Government’s report for the period ending 1 September 2008 and the table containing labour statistics for the first six months and July 2008, which do not deal with the subject covered by the Convention.

Following its previous comments on the need to supplement the labour legislation to strengthen the labour inspection system, the Committee notes that minor amendments were made to the Labour Code in 2005, which brought about a change in the order of its provisions but made no difference with respect to the labour inspection services, apart from the suppression of the function of sub-labour inspector.

Limited effects of international cooperation on the functioning of the labour inspection system: Findings and prospects. The Committee notes that the Government has not provided the information requested on the follow-up to the recommendations of the ILO/FORSAT multilateral technical cooperation project for the strengthening of labour administrations in Bolivia, Ecuador and Peru, of which one of the most important components was to be labour inspection. Referring to the information available to the ILO, it notes that although the project ended in April 2007, it had come up against two major obstacles when it was being carried out: its objectives were disproportionate to the political commitment involved; and political instability. The Committee nevertheless notes that, according to the project evaluation report, there had been an improvement in the system of labour registers and computerization and that, once it became operational, this system would be one of the best labour statistical systems in the region. It would make available updated information that was both reliable and of a high quality, thereby facilitating the design of public policies.

The Committee notes, however, that the recommendations of the FORSAT project with a view to improving the labour inspection system, such as, for example, the creation of a labour inspection directorate at national level, were not followed up. In this respect, the Government stipulates in its report, under Article 4 of the Convention, that the inspection services are placed under the supervision and control of the Director and Undersecretary of Labour in their respective constituencies, which is contrary to this provision under which they should be placed under the supervision and control of a central authority. Furthermore, the conclusions of the 2005 evaluation report of the labour inspection services in the cities of Quito, Guayaquil and Cuenca, were to be applied to inspection services throughout the country. Among the shortcomings of the inspection service, the same report emphasized that there was no body of regulations governing the structure, organization and functions of the labour inspection system or the status, power and obligations of inspectors; nor were there any provisions defining breaches of the legislation, the application of which was supervised by the labour inspectors, and the penalties applicable. Furthermore, it highlighted the inadequate human resources and material working conditions, including transport facilities for inspectors. Consequently, there is a low level of coverage of needs in this regard (inspection visits are not planned; those carried out are rare and performed on a reactive basis; and there is a lack of enforcement of obligations in the area of social security and occupational safety and health). The Committee notes that, despite the improvement in the labour data registration system, the Government continues to attribute its inadequate application of the Convention to the lack of human resources, and of material and data processing means. Moreover, it has not provided any information on the follow up to the pilot inspection plan for Guayaquil, drawn up within the framework of the FORSTAT project, including models for forms for inspection orders, reports on visits to establishments (inspections carried out, violations reported, follow-up action, indication of the body to which violations will be notified) and a model of the form summarizing the monthly report on inspection activities.

The Committee reminds the Government that, in ratifying this Convention, it undertook to take the necessary measures to implement its provisions in law and practice. It urges it to do its utmost to fulfil this commitment as soon as possible including, if necessary, with ILO technical assistance, especially to bring the legislation into conformity with regard to: the determination of the establishments covered (Articles 2 and 23); the functions and organization of the system (Articles 3, 4, 5 and 9); the status and conditions of service of the inspection staff (Article 6), their training (Article 7), their gender composition (Article 8), their prerogatives and powers (Articles 12, 13 and 17), their obligations of an ethical (Article 15) and functional nature (Articles 16 and 19); and the publication of an annual report on inspection (Articles 20 and 21).

The Committee urges the Government to ensure that the legislation is supplemented by the adoption of provisions classifying violations according to their nature and severity and establishing the type of penalties imposed on perpetrators; and that implementing regulations on financial penalties which allow for adjustment to monetary fluctuations should be adopted. The Committee hopes that the Government will submit information in its next report on any progress made in the application of the above provisions of the Convention and a copy of any legislation adopted to this effect.

The Committee would be grateful if the Government would communicate, in any event, the information available in its next report from the labour data registration system, such as the number, activities and geographical breakdown of the industrial and commercial establishments under the supervision of the labour inspection system; the number and categories of workers employed in these establishments (men, women, young workers), as well as any other information required by the competent authority to assess the needs of the labour inspection system in terms of human resources, material means, transport facilities and means of transport, and to determine priorities for action, taking into account the country’s economic conditions.

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

[The Government is asked to reply in detail to the present comments in 2009.]

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

The Committee notes the Government’s report for the period ending 1 September 2006, the activity report of the Ministry of Labour and Employment for the 2005-06 period, the activity report of the labour inspectorate of Pichincha for the period from 20 April 2005 to 12 April 2006, and the list of labour inspectorate staff at national level.

1. Financial cooperation and technical assistance for the establishment of an effective labour inspection system. In reference to its previous comments and the information available in the ILO, the Committee notes with satisfaction the successful outcome of the Government’s search for financial and technical cooperation, and the country’s integration into the ILO/FORSAT multilateral technical cooperation project for the strengthening of labour administrations, financed by the Ministry of Labour and Social Affairs of Spain and covering other countries in the region. It notes that labour inspection is one of the most important components of the project and that cooperation and assistance activities should be undertaken with a view to defining a legal and structural framework and determining working procedures and methods for an effective inspection system. The Committee notes with interest that an evaluation of the labour inspection services in the cities of Quito, Guayaquil and Cuenca was carried out within the framework of the abovementioned project between September and November 2005 and that its conclusions are to be applied to inspection services throughout the country. The evaluation highlighted the shortcomings and limitations of the inspection service, notably in respect of legislation, human resources and material means.

(i)    Part I of the report form. Legislation. The only legislation in existence concerning labour inspection consists of six sections of the Labour Code of 1937 which relate to the attributions and responsibilities of labour inspectors, and several other provisions in the same Code on the responsibilities of labour inspectors in various domains. Hence, there is no body of regulations governing the structure, organization, attributions and functions of the labour inspection system or the status, powers and obligations of inspectors, nor any legal provisions defining breaches of the legislation relating to working conditions and the protection of workers, and the penalties applicable.

(ii)    Article 3, paragraph 1(a), Articles 10 and 16 of the Convention. Human resources and coverage of requirements. The number of staff is considered insufficient. Moreover, certain labour inspectors are not specifically assigned to inspection services, and also carry out other duties in different departments of the ministry. Inspection visits are not planned, and those carried out are rare and performed on a reactive basis. Not all areas of the legislation are covered by labour inspection, most notably social security, and, due to a lack of training, occupational safety and hygiene.

(iii)   Article 11, paragraph 1(a). Working conditions of inspectors.  According to the evaluation report, the premises housing inspection services are inadequate and badly equipped, in such a way that the inspectors cannot carry out their duties or receive visitors in an appropriate manner. Moreover, computer equipment, a database and a filing system are needed.

(iv)   Article 11, paragraph 1(b). Transport facilities.  Inadequate transport facilities mean that labour inspectors have to rely on employers or workers for means of transport when performing their professional duties.

The Committee notes that the evaluation of the labour inspection system was based on the formulation of recommendations to be implemented in the short and medium term with a view to the strengthening of the system, in accordance with the principles set forth in the Convention. A draft law on the organic structure and the functions of the new Ministry of Labour and Employment, prepared with the support of the ILO within the framework of the FORSAT project, envisaged the creation of a labour inspection directorate at national level. Although this proposal was not followed up, it served as a basis for further discussions, and the creation of a labour inspection unit detached from the mediation services is currently envisaged.

The Committee also notes with interest that within the framework of the abovementioned project, a pilot inspection plan was proposed in 2005, aimed at bringing together a group of inspectors from the inspection services of the city of Guayaquil to carry out nothing but inspection duties, while the other inspectors would continue to carry out all the functions attributed to them by the Labour Code in force. The results of such a plan could allow for it to be extended to other regions of the country.

The Committee notes with interest that the ILO subregional office currently provides technical assistance to the Ministry of Labour and Employment with a view to the reform of the Labour Code and the establishment and implementation of a national occupational safety and health system, and that, according to the Government, measures have been taken to ensure the strict application of Articles 20 and 21 of the Convention. Information available in the ILO indicates that, within the framework of the FORSAT project, a new systematization of files and labour statistics is under way. Moreover, according to the Government, there are plans to put reports by regional labour directorates and various inspection services on the Ministry web site.

The Committee would be grateful if the Government would keep the ILO informed of any developments relating to actions taken following recommendations made by the ILO/FORSAT project and, with regard to the results of such actions, to communicate a copy of any relevant texts or documents. It requests the Government to provide a copy of the annual report on inspection activities, as soon as it is published.

2. Labour inspection and child labour. The Committee notes with interest the information available in the ILO which indicates that the number of inspectors responsible for child labour has increased. It also notes the training and awareness-raising activities in this area aimed at inspectors and other persons concerned. While noting that inspection visits were carried out in different areas of the country where children work, the Committee would be grateful if the Government would provide details of these inspection visits in the undertakings and activities covered by the Convention, and the results thereof.

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

Publication of an annual report. With reference to its previous comments, the Committee notes with regret that the Government’s report makes no mention of any new measures which might have been taken in order to ensure the publication, within the time limits prescribed by Article 20 of the Convention, of an annual inspection report containing the information required under Article 21. Given the importance attached to the publication at regular intervals of such reports, with a view to assessing the effectiveness of the inspectorate in practice, the Committee hopes that the Government will, in the near future, ensure that such reports are published and transmitted to the ILO, in accordance with the provisions of the Convention.

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

With reference to its observation, the Committee notes the Government’s report and the partial information provided in response to its previous comments. It requests the Government to provide additional information on the following Articles.

Article 3, paragraph 1(c), of the Convention. Please indicate whether it is laid down, as prescribed by this provision, that labour inspectors are responsible for bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

Paragraph 2. Please indicate the manner in which it is ensured that the duties conferred upon labour inspectors by section 42 of the organic regulations of the functions of the Ministry of Labour and Human Resources and section 553 of the Labour Code, apart from those set out in paragraph 1 (a) to (c) of this Article of the Convention, do not interfere with the effective discharge of the latter duties and do not prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Article 7, paragraph 3. The Committee notes that a process of comprehensive training for labour inspectors was due to begin in the middle of September 2001. It also notes that the Government envisages taking measures with the assistance of international cooperation for the professional specialization of labour inspectors. It requests the Government to provide information on the results of the measures taken in this respect.

Article 12. The Committee notes the supervisory functions assigned to labour inspectors under section 553(4) of the Labour Code. It notes that, in accordance with subsection 8 of this section, labour inspectors may also be assigned other functions determined by the law and ratified international Conventions. The Committee would be grateful if the Government would specify the other functions assigned to labour inspectors under this provision and if it would indicate the legal provisions entrusting inspectors with the powers set out in paragraphs 1 (a) to (c) and 2 of this Article of the Convention.

Article 13. The Committee notes that section 443 of the Labour Code authorizes the Ministry of Labour and Human Resources, after consulting the head of the Occupational Safety and Health Department, to order the suspension of work or the closure of workplaces which are harmful to the health or safety of workers and constitute a threat in this respect, or which violate the relevant safety and health standards. The Committee requests the Government to provide copies of the texts issued under this section of the Code.

Article 15. The Committee requests the Government to indicate the manner in which effect is given to the obligation of confidentiality with regard to the source of any complaint, which is required of labour inspectors by paragraph (c) of this Article.

Article 18. The Committee would be grateful if the Government would indicate the provisions establishing adequate penalties for obstructing labour inspectors in the performance of their duties.

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

With reference to its general observation of 1999, the Committee notes with interest that a campaign to raise awareness concerning child labour has been launched with the support of the International Programme on the Elimination of Child Labour (IPEC), and that training programmes for labour inspectors on child labour and related information collection mechanisms are currently being implemented. The Committee would be grateful if the Government would provide detailed information in its next report on the operation and impact of the above awareness campaign, as well as on the number of inspectors concerned by the training.

Articles 10, 11 and 16 of the Convention. With reference to its previous observation, the Committee notes that the Government envisages requesting international financial cooperation with the technical support of the ILO, with a view to establishing an inspection system, in accordance with the provisions of the Convention, and the reinforcement of the material resources and transport facilities required by inspectors for the discharge of their duties. The Committee hopes that these measures will be well received and that the Government will soon be in a position to provide information in this respect.

Articles 20 and 21. The Committee notes that the statistical bulletin provided under these provisions does not refer to inspection activities and does not contain the information required concerning each of the subjects set out in Article 21(a) to (g). With reference to paragraphs 274 et seq. of its 1985 General Survey on labour inspection, in which it emphasizes the importance at the national and international levels of the publication and transmission of annual general reports on the work of the inspection services, the Committee once again hopes that the Government will take the necessary measures to ensure that annual inspection reports, in accordance with these provisions, are in future published and transmitted to the ILO within the time limits prescribed by Article 20.

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

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

The Committee notes the Government’s reports for the period ending May 1999, and the attached documents.

Articles 10 and 16 of the Convention.  The Committee notes that these two provisions are applied to the extent that is permitted by economic possibilities, material and human resources being a determining criterion in the frequency of inspection visits. The Committee also refers to a statement made by the Government in reply to a comment made by the Committee in 1998 under Convention No. 100 to the effect that unfortunately no inspections had been carried out. In this respect, the Committee is bound to emphasize the need, within the framework of a coordinated labour inspection system, of ensuring the effective application of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and it reminds the Government of the possibility of having recourse to the technical assistance of the ILO and international financial cooperation, for countries which so request, with a view to meeting the conditions for the establishment of such a system. The Government is therefore urged to take initiatives for this purpose and to provide information on the progress achieved in these initiatives.

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

The Committee notes the Government's reports for the periods ending in June 1993 and June 1995, as well as the statistical data for 1991, 1992 and 1993. Although it notes that the number of inspection visits increased once again in 1993 (2,366 visits) after falling in 1992 (2,174) in comparison with 1991 (2,310), and that the Ministry of Labour employed 74 labour inspectors in the first half of 1993, the Committee does not have at its disposal sufficient information on labour inspection, and particularly on the workplaces liable to inspection and the number of workers employed therein, to be able to evaluate the effectiveness of the system. It therefore once again requests the Government to take the necessary measures to include in its future annual inspection reports all the data covered by Article 21 of the Convention.

The Committee notes the Government's statement in its report ending June 1993 that severe budgetary restrictions upon the public sector make it difficult to plan a significant increase in the number of inspection personnel in the medium term. The Committee recalls that labour inspection is of fundamental importance in ensuring the application of labour standards and that it should be given the necessary priority in budgetary decisions. The Committee request the Government to inform it of any progress in this respect and to indicate how it is ensured that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate (Article 10) and that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant labour legislation (Article 16).

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

With reference to its previous comments, the Committee notes the report supplied by the Government and the statistical bulletins for 1987, 1988, 1989 and 1990 which have been transmitted. The Committee finds that the statistics supplied do not contain any information on the following items in Article 21 of the Convention: (b) staff of the labour inspection service; (c) statistics of workplaces liable to inspection and the number of workers employed therein (except for the Province of Pichincha); (e) statistics of violations and penalties imposed; and (g) statistics of occupational diseases for 1989 and 1990. The Committee emphasises once again the importance it attaches to the annual inspection reports, which enable an evaluation of the inspectorate's activities in practice. Furthermore the authorities should be able to extract from these reports useful conclusions for the future and to invite reactions from employers and workers (see Article 5(b)). The Committee hopes that coming annual inspection reports will contain all necessary information and that the Government will indicate in its report what steps have been taken to ensure that the number of labour inspectors is sufficient (Article 10) and that workplaces are visited as often and as thoroughly as necessary.

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

Articles 20 and 21, of the Convention. The Committee notes that the reports on the work of the inspection services for 1987 and 1988 have not yet been received. It trusts that the Government will not fail to take the necessary measures to ensure that in future these reports, containing information on all the points set out in Article 21, are published and communicated to the ILO in the time-limits set forth in Article 20.