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

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

The Committee notes the information contained in the Government’s report for the period ending August 1999. The Committee notes that the Government envisages, in the context of a strategy for the promotion of prevention, wide dissemination of the legal provisions relating to employment in the form of brochures and posters to bring them to the knowledge of workers and employers. In addition, an awareness-raising campaign on the rights and obligations of workers and employers is envisaged, with media support such as newspapers and magazines. It also notes with interest the information indicating the implementation of training activities for inspectors and administrative staff of the inspection services, particularly with the assistance of the ILO and in coordination with institutions such as the National Institute for Statistics and Informatics (INEI) on the use of data-processing equipment and the industry and construction training service (SENCICO) on measures relating to security and hygiene at work. Noting also the adoption of a new code for children and young persons in Act No. 27337 of 21 July 2000, the Committee requests the Government to supply information on the follow-up given to the abovementioned project to disseminate legislative information and on its impact, if any. It would also be grateful if the Government would indicate the measures taken in application of the abovementioned Act and specify the role of labour inspectors in this matter.

Articles 3(2) and (6) of the Convention.  Referring to its previous comments, the Committee notes that, according to the Government, the independence and impartiality of state officials is ensured by Supreme Decree No. 023-99-PCM of 15 June 1999 which lays down prohibitions, incompatibilities and restrictions in relation to their main duties. The Committee, however, notes the lack of the information requested in its previous comments further to the comments from the Association of Labour Inspectors in regard to the nature of the contract of new inspectors recruited in application of Emergency Decree No. 015-96-TR of 21 April 1996. The Government is requested to supply this information and to indicate in what manner, in accordance with Article 3, paragraph 2, it is ensured that the duties performed by labour inspectors in regard to the prevention of social conflicts are not prejudicial to the exercise of their main duties as defined in Article 3(1).

Article 7(3).  The Committee notes that, in the restructuring of labour inspection functions, the Government has recruited by competition new inspectors specialized in law, accounting, economics, industrial engineering and human relations. It notes furthermore the communication of a text consisting of six articles concerning the Ministry of Labour and Social Development procedure for assessing inspectors. Noting that this text does not include any information indicating its origin and legal nature, the Committee would be grateful if the Government would supply a copy of the official text.

Article 8.  The Committee would be grateful if the Government would supply information on the proportion of women on the labour inspection staff and indicate whether special duties are assigned to male and female inspectors respectively.

Article 10.  The Committee notes that, according to the Government’s report, in 1999 the country had 80 inspectors at Lima (of which 72 were responsible for supervising general working conditions and eight responsible for safety and hygiene inspection); 78 other inspectors (including three responsible for safety and hygiene inspection) worked in the rest of the territory. Noting the apparent imbalance in geographical distribution of inspectors, the Committee requests the Government to indicate their distribution by service and as a function of their specialization as well as the number of workplaces, by inspection service and by activity, liable to inspection.

Article 14.  Further to its previous comments, the Committee once again asks the Government to supply information on the procedure for declaration and notification to the competent authorities of industrial accidents and cases of occupational disease.

Article 16.  The Committee notes that, according to the Government, 30,000 inspection visits took place in metropolitan Lima in 1998, of which 4,750 concerned hygiene and safety at work, and some 30,000 in the rest of the country. Further to its previous comments and recalling that, according to Article 16, workplaces liable to inspection shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee hopes that, by means of the systematization and computerization announced by the Government, the latter will be able to supply information on the manner in which effect is given to this provision of the Convention by indicating the total number of workplaces liable to inspection and the number of workers employed there.

Articles 20 and 21.  The Committee requests the Government to ensure that an annual inspection report containing information on the subjects listed under Article 21 will be published regularly and transmitted by the central inspection authority to the ILO, in accordance with Article 20, and to supply information on the measures taken to this end.