Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (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.]