Observación (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

The Committee notes the Government’s report and the handbook for labour inspectors on combating the worst forms of child labour, produced in cooperation with the ILO and the International Association of Labour Inspectors (IALI) and adapted to El Salvador. It also notes the audit of the Ministry of Labour carried out in 2002 in the context of the MATAC/ILO project, and of Executive Decree No. 53 of 5 June 1996 issuing general regulations on travel allowances.

1. Article 12, paragraph 1(a) and (b), of the Convention. Scope of inspectors’ freedom of access to workplaces. Further to its previous comments, the Committee draws the Government’s attention to paragraph 270 of its General Survey of 2005 on labour inspection, in which it sets forth the reasons for giving inspectors freedom of access to workplaces as required in Conventions Nos. 81 and 129. It noted in that paragraph that the conditions for the exercise of the right of free entry to workplaces are intended to allow inspectors to carry out inspections, where necessary and possible, to enforce the application of legal provisions relating to conditions of work. The Committee is of the view that the protection of workers and the technical requirements for inspection should be the primordial criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped. The Committee therefore once again asks the Government to take steps to supplement the legislation so as to allow labour inspectors to enter freely, also at night, any workplaces liable to inspection and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. It hopes that the Government will provide information in its next report on any progress made in this respect.

2. Article 12, paragraphs 1(c)(i) and 2. Scope of labour inspectors’ powers. The Committee notes the Government’s explanations regarding the meaning of section 47 of the Act on the organization and functions of the labour and social security sector. It points out, however, that this provision, under which inspections are carried out with the participation of the employer, the workers or their representatives, is still ambiguous in that it allows the employer or his representative to accompany the inspector around the workplace and identify, from among the workers interviewed, those likely to have supplied the information that gave rise to an unfavourable inspection report. This clearly impairs the freedom of movement necessary to effective inspection and involves a risk of reprisal against the workers, despite the fact that, under section 38(b) of the same Act, inspectors are free to question anyone on the premises inspected, without the presence of witnesses. The Committee further reminds the Government that, according to Article 12, paragraph 1(b), of the Convention, inspectors must be allowed not to notify the employer or his representative of their presence on the occasion of an inspection visit if they consider that such notification may make the inspection less effective. Consequently, paragraph 2 of section 47 ought also to be amended in order to leave it to the inspectors’ discretion to notify their presence to the employer or his representative or any other person responsible for the establishment or workplace. The Committee therefore once again asks the Government to take steps to bring the legislation into line with the provisions of the Convention and to provide information in its next report on any progress made in this respect, together with copies of any relevant texts.

Labour inspection and child labour. The Committee notes with interest that the handbook on combating the worst forms of child labour designates labour inspectors as key players in this combat. Noting the figures concerning supervision, prevention and advocacy in this area, the Committee requests the Government to supplement this information with details of actions brought by inspectors against employers found to be breaking the law on this subject, and to ensure that relevant statistics are included regularly and separately in the annual report to be published and communicated to the ILO under Article 20 and dealing with the subjects listed at Article 21.

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