Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the Government’s report received by the ILO on 1 October 2009 in reply to its previous observations, the annual reports of the General Labour and Social Security Inspectorate (IGTSS) for 2007 and 2008, as well as the observations made in August 2008 by the Ibero–American Confederation of Labour Inspectors (CIIT) on matters partly raised in its previous comments, as well as the legislative texts and documents attached.

Article 6 of the Convention. Status and conditions of service of labour inspection staff. Stability of employment and independence. The Committee notes that, according to the CIIT, only three of the 33 new occupational safety and health inspectors in the Work Environment Division are public servants, and that others are employed under contracts which are renewed at the discretion of the administrative authority. This allegation contradicts the Government’s statement in its 2007 report that all labour inspectors are public servants. Consequently, it would appear that the conditions of access and employment of labour inspectors laid down by Act No. 18.172 of 31 August 2007 do not apply to all inspection staff. In particular, it is not therefore certain that persons carrying out labour inspection duties based on temporary contracts are subject to the system of exclusivity of duties for the Ministry of Labour (MTSS). Consequently, these inspectors could be required or authorized to carry out other duties for other public or private employers which, in the Committee’s view, constitutes a serious obstacle to the independence required for the performance of their primary duties. However, the Committee notes the Government’s indication that it plans to incorporate into the body of labour inspectors the 33 contract workers who do not yet have the status of public servant. The Committee would be grateful if the Government would provide information on any developments relating to the implementation of this measure.

The Committee requests the Government to provide a copy of the Ministerial resolution which, according to the Government, concerns the compensation of overtime worked by labour inspectors.

Conditions of service. With regard to the issue of the disparity between the wages of tax inspectors and those of labour inspectors, to the detriment of the latter, the CIIT indicates that the difference is 25 to 40 per cent. It also points out the persistent wage inequality compared to other officials in the form of the issue of food vouchers equivalent to around 10 per cent of their wage. Furthermore, according to the CIIT, Act No. 18.172 and MTSS Resolutions Nos 129 and 139 of 2007 have resulted in a loss in the wage benefits previously negotiated for labour inspectors, as well as the loss of the usual benefit of clothing and shoes. The Committee requests the Government to take measures to ensure that the remuneration of inspectors is at least in line with that of other public servants with responsibilities of a similar level and complexity (for example, tax inspectors), and to provide details on these measures as well as illustrative statistics in this regard.

Discrimination against labour inspectors based on trade union membership or the performance of trade union activities. The Committee notes that, in reply to the allegation made by the CIIT concerning discrimination relating to the promotion of affiliated inspectors, the Government provides information including a list of names indicating that ten of the 14 team leaders working in the General Conditions of Work Division (CGT) and the Work Environment Conditions Division (CAT) are affiliated to the Association of Labour Inspectors of Uruguay (AITU) and adds that the exclusive criteria for appointment are professional competence and the skills necessary to coordinate labour inspectors. It also points out that the managerial posts advertised in 2003 and 2004 in the CAT and CGT Divisions were filled by the most qualified candidates.

In reply to the allegation made by the CIIT concerning the abusive nature of the transfers imposed on inspectors affiliated to trade union organizations, the Government indicates that transfers are exceptional and are based on the existence of family connections incompatible with the performance of duties within the same office, in accordance with Decree No. 30/003.

According to the CIIT, since the end of 2007, discrimination against inspectors for trade union activities has also taken the form of a reduction in wages the amount of which corresponds to the period spent carrying out these activities during the working day. This period is allegedly determined by means of the obligation imposed on inspectors to complete a form available for that purpose on the MTSS intranet site giving a very detailed account of their daily activities (administrative work, travelling time, study of documentation and related tasks, rest, interruptions, trade union activities).

The Committee takes due note of the information provided by the Government in reply to the allegations made by trade union organizations and requests the Government to provide a copy of any legal text or document on the basis of which inspectors may not be subjected to harassment or sanctions at the hands of their superiors.

Article 7. Retraining of inspectors. According to the CIIT, inspectors do not benefit from the retraining that is necessary to enable them to adapt to technological and legislative changes, particularly those concerning general conditions of work. The Government nevertheless mentions various types of training in the course of employment relating to arbitration awards, the content of collective agreements, new regulations and occupational safety issues. Furthermore, the annual reports provide further information on some of these training activities, including training relating to the prevention of chemical hazards with the support of Spain, training on occupational hazards in the construction and electromagnetic assembly sector with ILO support, as well as training for the team leaders in the CGT Division on the supervision of wages and the working environment and conditions. The Committee notes with interest that inspectors also benefit from specific training designed to protect their own health during inspections. The Committee would be grateful if the Government would ensure that the training of inspectors continues to be updated regularly and requests it to provide the ILO with information on any measures taken to that end.

Article 10. Number of labour inspectors. According to the Government, the labour inspectorate is now staffed by 152 inspection personnel (compared with 142 in 2007) covering a population of 1,230,000 workers, equivalent to around one inspector for every 8,000 workers. The number of staff in the Legal Division has been increased, as previously announced, through the recruitment of seven jurists and three officials responsible for the legal affairs of the IGTSS before the courts. The information provided by the Government nonetheless seems to confirm the allegations of the CIIT concerning the uneven distribution of inspectors between the capital (80 per cent) and the rest of the country. This situation seems to be explained by the concentration of protected workers in the capital. The Committee once again requests the Government to provide detailed and up to date information on the geographical distribution of labour inspection staff. Noting that it has not provided information concerning the comments made by the CIIT concerning the uneven distribution of inspectors between the CAT and CGT Divisions, the Committee requests the Government to provide any comments that it considers relevant in this regard.

Article 10(a)(i) and (ii), and Articles 11 and 16. Working conditions of inspectors and inspection visits. According to the CIIT, the lack of means available to the labour inspectorate already reported (lack of physical space, furniture and computer equipment) has been exacerbated further as a result of the increase in the number of staff and the increasing complexity of the tasks related to the supervision of wages in the various sectors. The health of inspectors has even been affected and has resulted in sick leave. Furthermore, the lack of suitable transport facilities, in particular four-wheel drive vehicles, is hindering the performance of inspection visits. The Committee notes that, according to the Government, in order to address needs relating to the strengthening of human resources, the MTSS plans to establish a new IGTSS head office close to the current premises. With regard to means of transport for journeys in rural areas, the Government indicates that the entire fleet of vehicles is to be replaced soon and that bids have been invited to that end.

The Committee notes with interest the provision to the ILO of the CGT and CAT inspection procedure manuals (the CAT manual is in the process of being revised), which the CIIT had indicated were necessary, as well as the information that cases of administrative disputes brought before the courts are analysed regularly by members of the Legal Division with a view to rectifying procedural errors in the future.

After criticizing the lack of an inspection policy targeting on a priority basis activities characterized by a high rate of industrial accidents and cases of occupational disease, the CIIT indicates that the broad system of inspections (the “rake” system) has been replaced by specific operations and inspections carried out in response to complaints. The Committee notes, in the annual inspection reports, information indicating the implementation of operations targeting particular sectors, such as bakeries, construction and commerce. It notes the information showing the performance of proactive inspections relating to general conditions of work, while the information concerning occupational safety and health seems to show activities triggered mainly by complaints or reports.

The Committee notes the information provided concerning the “Chameleon” project introducing a computerized registration system allowing registration of enterprises via the Internet. This system is based on the information which has to be submitted each year by employers under Decree No. 108/07. It will allow the gradual centralization of information concerning formal enterprises (branch of activity, number and distribution by sex and by category of worker, wages, etc.), firstly in the capital and then in the rest of the country. The Committee hopes that the “Chameleon” project will facilitate the rational programming of inspection activities and increase the number of proactive inspections relating to safety and health in branches in which workers are exposed to a high risk of occupational hazards. In this regard, it notes that a draft document concerning the monitoring of industrial accidents and cases of occupational disease is being examined with technical assistance from the ILO. The Committee hopes that the establishment of the register of construction enterprises introduced by Act No. 18.362 of 6 October 2008 will contribute to strengthening inspections in this sector where the risk of industrial accidents is very high.

The Committee notes with interest the information provided concerning bilateral cooperation with Argentina relating to the exchange of training. The Government indicates that Uruguayan inspectors have already benefited from training in occupational safety.

The Committee requests the Government to keep the ILO informed of any developments relating to the envisaged improvement in conditions of work, including the transport facilities and means of labour inspectors, as well as the impact of new means on inspection activities.

It would be grateful if the Government would take the measures to extend the “Chameleon” system across the country in the near future and to implement the project relating to the monitoring of industrial accidents, and requests it to provide information on any progress made.

Article 5(b) and Paragraphs 4–7 of the Labour Inspection Recommendation, 1947 (No. 81). The Committee notes from the annual activity reports for 2007 and 2008 that the IGTSS has carried out training activities for workers on various subjects (labour law; risk prevention in industry, commerce and services; regulations applicable in the construction sector; and risk prevention). It also notes the participation of the IGTSS in events organized by universities and schools to disseminate information concerning labour rights. Furthermore, since 1999, a list of occupational safety and health laws has been provided on the web site  of the Ministry of Labour and Social Security (MTSS) (www.mtss.gub.uy).

Referring to its comments concerning the Occupational Safety and Health Convention, 1981 (No. 155), the Committee notes with interest the numerous actions undertaken by the tripartite branch committees to disseminate information on risk prevention during various events (construction fairs; audiovisual campaigns; training programmes for trainers provided by the ILO for the social partners).

The Committee requests the Government to continue providing information on the cooperation between the labour inspection services and the social partners in the area of risk prevention with a view to promoting an occupational safety and health culture.

Articles 5(a) and 21(e). Effective cooperation between the labour inspection services and judicial bodies. Further to its 2007 general observation, the Committee notes with interest, from the Government’s report concerning the Labour Inspection (Agriculture) Convention, 1969 (No. 129), that a course has been given by a magistrate to labour inspectors on the activities of the labour courts in specific cases. According to the Government, labour inspectors have in turn been called on by the courts as experts. The Committee requests the Government to provide further information on any cooperation implemented between the labour inspectorate and the judicial bodies, including information concerning cases in which inspectors have been consulted by the courts as experts.

Articles 20 and 21. Annual inspection report. The Committee would be grateful if the Government would ensure that future annual reports on inspection activities contain detailed information on all the matters covered by Article 21, if possible following the guidance provided in this regard in Paragraph 9 of Recommendation No. 81.