Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Labour Inspection Convention, 1947 (No. 81) - Brazil (Ratification: 1989)

Referring also to its observation on the Convention further to the information supplied by the Government in reply to the comments of the Union of Workers in the Marble, Granite and Limestone Industry in the state of Espírito Santo (SINDIMARMORE) and those made by the Democratic Federation of Workers in the Footwear Industry of the state of Rio Grande do Sul, the Committee hopes that the Government will supply in its next report the information asked for in its 1999 direct request on the following points.

1.  Article 2(1) of the Convention.  Scope of the system of labour inspection.  The Committee notes the indication in the Government’s report that in Brazil the federal labour inspection system is designed to cover all sectors involving an employment relationship, without exception for any type of enterprise. The Committee recalls that in its previous comments it asked the Government to indicate measures undertaken or envisaged in order to establish adequate inspection structures in the fishing sector and to provide particulars on the work of the labour inspection in this field. The Committee notes that the latest Government’s report provides no information in this respect. The Committee trusts that the Government will provide such information in its next report.

2.  Article 6.  Status and conditions of service of the inspection staff.  In its previous comments the Committee noted the indication of the Government that a commission was established to verify the alleged facts of connivance, corruption and extortion within the inspection activities in the area of the enforcement of standards of safety at work as well as the existence of an illegal system of protection and immunity against inspection of those enterprises that hire professionals connected with the inspection authorities and that the Government would inform about its conclusions. Noting that the Government provides no information in this regard, the Committee trusts that the Government will provide such information in its next report.

The Committee also notes the Government’s indication that within the framework of the state reform a bill is currently under consideration in the National Congress which would make labour inspection a full state activity to be undertaken exclusively by civil servants providing them with the prerogatives necessary for carrying out their duty with the usual immunity and with impartiality. Recalling also that in previous comments the Committee had noted in the observations communicated by a certain number of trade unions that proposals to improve the system of labour inspection had been submitted. The Committee requests the Government to provide information on any progress made in this respect and to supply a copy of the provisions when adopted.

3.  Article 7(3).  Adequate training for the performance of inspectors’ duties.  The Committee notes the indication in the report that the labour inspectorate in Brazil possesses a national training system established by Order No. 3.017 of 30 January 1987 as amended by Order No. 1.006 of 5 October 1995, with the aim of training, improving and raising the level of skills of the labour inspectors through specific courses, including basic training of new entrants to the inspectorate. The Committee further notes the information on the various training courses conducted within the national training system as mentioned in the report of the Ministry of Labour and Employment for the period 1995-98. The Committee asks the Government to continue to provide information in this respect.

4.  Article 8.  Women inspectors.  The Committee notes the indication in the report that given the principle of impartiality which governs Brazilian public administration and Brazil’s ratification of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), there is no discrimination on any of the grounds mentioned in that Convention with respect to entry into the cadre of labour inspectors. The Committee asks the Government to indicate the number of women officers of the labour inspectorate and whether any special duties have been assigned to them.

5.  Article 10.  Number of labour inspectors.  The Committee notes the indication in the report that as of December 1998 the total number of officers of the labour inspectorate was 3,200 including 2,398 inspectors. The Committee asks the Government to indicate whether it considers this number as sufficient to secure the effective discharge of the duties of the inspectorate and whether any measures are contemplated to increase the number of inspectors in the future.

6.  Articles 20 and 21.  Annual reports.  The Committee notes a comprehensive report on the activities of the Secretariat for Occupational Safety and Health (SSST) for the period 1995-98, the report of the Ministry of Labour and Employment for the period 1995-98 as well as statistical information of the Secretariat for Labour Inspection (SEFIT) for 1997 and 1998, published in the Diario Oficial on 6 March 1998 and 4 March 1999 respectively. The Committee trusts that in the future the Government will transmit such reports on an annual basis as required under Article 20, containing the information on the subjects listed in Article 21.