Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Labour Inspection Convention, 1947 (No. 81) - Peru (Ratification: 1960)

In its previous comments the Committee noted a communication of 6 November 1995 from the Association of Labour Inspectors of the Ministry of Labour and Social Development alleging non-compliance with Articles 6, 9, 10 and 16 of the Convention. The Committee notes the comments made by the Government on these observations in a communication of 12 January 1996. The Committee also notes the further allegations made by the Association of Labour Inspectors in communications of October and November 1996 which were sent to the Government for comment on 31 October, 26 November and 5 December 1996 respectively.

1. In the observations it submitted in 1995, the Association of Labour Inspectors alleged non-compliance with Articles 6 (stability of employment), 9 (association of duly qualified technical experts and specialists), 10 (sufficient number of inspectors) and 16 (frequency and thoroughness of inspections).

Article 6. The Association indicated that, in 1992, inspectors were obliged to submit once again to competitive examination for the jobs that they already held and that six monthly evaluations introduced in 1992 have resulted in a reduction in the number of inspectors; the Association alleges that neither the stability nor the independence of inspection staff is guaranteed in regard to changes of government and external influences. The Committee notes the Government's indications in its reply of 12 January 1996 to the effect that stability and independence are ensured when public officials show proof of integrity and efficiency and that the decisions adopted after the six-monthly evaluations may be contested through administrative channels and the courts. The Committee notes that according to the Government's reply it would appear that the inspectors were dismissed because the evaluation of their work was not satisfactory. The Committee notes, however, that these officials seem to have had many years of service and that if the Government considered them inadequate for the service they could have been given appropriate training in the performance of their duties in accordance with Article 7, paragraph 3, of the Convention. The Committee asks the Government to send information on the measures taken or contemplated for training of serving inspectors.

Article 9. The Committee notes that the Association alleged that following an internal reform the Directorate of Occupational Safety and Health has been abolished and the Labour Inspectorate is no longer supported by specialists and experts in occupational health and safety. The Committee notes that in its reply of 12 January 1996, the Government recognizes that the safety and health inspection service no longer has an adequate number of staff but that under Decree No. 04-95-TR the inspection authorities can request the support of appropriate public services. The Committee notes that the participation of specialists is provided in a very general way in the procedure and that, furthermore, the Decree has been repealed by Decree No. 04-96-TR of 11 June 1996. The Committee requests the Government to supply information on the measures taken or envisaged to ensure the participation of duly qualified specialists and technicians in order to ensure the application of the legal provisions relating to health and safety.

Article 10. The Association of Labour Inspectors alleged that the number of inspectors has been reduced by 33 per cent of the total number of inspectors employed in the country in 1991 (70 inspectors for a population of 4 million workers, approximately), that it is insufficient to secure the effective discharge of the duties of the inspectorate, and that the number of inspections carried out is very low (barely 600 ordinary inspections in 1995). It also alleged that the inspectors are assigned administrative tasks such as document filing and archiving and others which bear no relationship to their inspection duties. The Committee notes that in its reply the Government considers that the Convention leaves to the ratifying State the decision regarding the number of inspectors it deems necessary to carry out inspection work; it also states that the inspectors do not carry out administrative tasks. The Committee recalls that the number of inspectors must be sufficient to secure the effective discharge of inspection duties. The allegations of the labour inspectors seem to indicate that filing documents and other administrative work which is not linked directly or indirectly with the work of controlling the application of labour standards and which is imposed on inspectors at a time when, according to available statistics, inspections have decreased sharply, hinder or even prevent the effective exercise of the inspection service. The Committee requests the Government to supply information on the measures taken or envisaged to ensure the application of this Article of the Convention.

Article 16. The Association of Labour Inspectors alleged that the labour inspection services are paralysed and that there is a danger that the inspectors will be replaced by persons recruited through an employment agency. The Committee notes that in its reply of 12 January 1996 the Government rejects the allegation that these services are paralysed and states that a reform of the inspection system is in progress, with the aim of emphasizing the preventive aspect of inspection. The Committee notes from the statistics supplied by the Government that there was a sharp drop in inspections in September and October 1995 which was exacerbated in November and December. The Committee requests the Government to indicate the measures taken to ensure that inspections are carried out as often and as thoroughly as is necessary.

2. The Committee notes the further allegations submitted by the Association of Labour Inspectors in October and November 1996 and notes that the Association refers specifically to the emergency Decree of 29 March 1996, No. 015-96, on the "Labour Inspection and Legal Guidance Programme". This provides for the restructuring of labour inspectorate duties, comprising the complete modification of its operative and administrative parts and revamping current procedures: employment contracts may be concluded with non-qualified persons on a temporary basis to carry out inspection duties; all reports on inspection procedures prior to 31 March 1996 are closed (including, according to the Association of Labour Inspectors, the reports of 455 scheduled inspections conducted in 1995); fines imposed before 31 December 1995, up to an amount of 1,000 soles are cancelled (according to the complainant organization this represents some 95 per cent of the fines imposed); a directive issuing the Decree (Directive No. 01-96-DNRT) states that the files set aside from 2 January 1996 shall be considered as forming part of the annual inspection plan. The Association provides a list of 20 labour inspectors dismissed on 19 February 1996 and nine inspectors dismissed before that date. It denounces the replacement of labour inspectors by staff not included on the Ministry organizational chart nor on the salary roll who are working on service contracts. According to the Association, the temporary staff replace the inspectors in their inspection duties while the inspectors are assigned to administrative and manual tasks. The Committee requests the Government to make its comments on these supplementary allegations of the Association of Labour Inspectors.

3. The Committee notes that the above-mentioned "Labour Inspection and Legal Guidance Programme" ends on 31 December 1996. It requests the Government to provide information on the measures adopted and results achieved under the programme.

4. Articles 20 and 21 of the Convention. The Committee recalls that in its previous comments it noted that no annual report on labour inspection has been received since the ratification of the Convention, 35 years ago. The Committee emphasizes once again that the preparation and publication of period reports on the activities of the inspection services is an essential means for assessing how the Convention is applied and for planning the corrective measures which should be taken. It trusts that all appropriate measures will be taken without delay so that annual reports, containing the information required under Article 21, will be published and sent to the ILO within the time-limits laid down in Article 20.