Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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

Referring also to its observation under the Convention, the Committee requests the Government to provide information on a certain number of points.

Article 6 of the Convention. The Committee asks the Government to provide a copy of the regulations governing the periodic evaluation of labour inspectors.

Article 7, paragraph 3. In its previous comments the Committee asked the Government to send information on the measures taken or contemplated for training of serving inspectors. The Committee notes the indication of the report that in accordance with section 3 of Supreme Decree No. 004-96-TR, dated 10 June 1996, the labour inspectors shall have professional training and knowledge about the inspection function and other functions within the competence of the Ministry of Labour and Social Development; shall perform their functions with efficiency, decency; and shall be subject to permanent training conducted by the Ministry of Labour and Social Development or entities designated by it. The report also indicates that in 1995-96 the following courses were conducted: (i) theoretical and practical course about the labour inspection in Peru given by the Technical Department of the Ministry of Labour and Social Development from November 1995 to February 1996; (ii) course in professional ethics given by the personnel of the National Superintendence of Tax Administration in February 1996; (iii) theoretical and practical course about labour inspection and labour matters given by the Vice-Ministry of Labour and other functionaries of the Ministry in November 1996; (iv) weekly group discussions conducted in the Sub-Directorate of Inspection, Hygiene and Security for the purposes of unification of criteria in respect of techniques of inspection and actualization in labour legislation; and (v) the programme of training of labour inspectors given by the members of the Consultative Commission on Labour and technical advisers of the High Directorate of the Ministry of Labour and Social Development in July 1997. In connection with the above the Committee requests the Government to provide information on any evaluation done following these training courses as concerns the efficiency and integrity of the labour inspection. It hopes that the Government will continue to provide particulars on training courses in its future reports.

Article 9. The Committee notes that in accordance with section 16 of Supreme Decree No. 004-96-TR, when verifying compliance with the provisions in the field of hygiene and occupational safety, the Inspection Authority shall have at its disposal specialized technical personnel, and, if necessary, shall request assistance of public sectors involved. The Committee asks the Government to provide indications as to: (i) the legal status, conditions and forms of participation of such technical personnel in the work of the labour inspection; (ii) the respective provisions of the legislation that impose on the entities of the public sector the duty to provide assistance to the labour inspectorate; and (iii) the particular forms of such assistance.

Articles 6 and 12, subparagraph 1(a). The Committee notes that in the observations it submitted to the ILO in October 1996, the Association of Labour Inspectors alleges the decrease in remunerations. It also notes the response by the Government that in the framework of the policy of fiscal austerity it has been decided that certain officials, including labour inspectors, observe normal working hours. Taking into consideration that opportunity to conduct the inspection visits during night-time is crucial for the work of the labour inspection, and that in the absence of adequate motivation the labour inspectors may not be stimulated to conduct such visits, the Committee asks the Government to indicate whether labour inspectors are adequately compensated for the conduct of inspection visits in the night-time, i.e. outside their normal working hours.