Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the Government’s report and the attached documents, including the General Act respecting labour inspection and the defence of workers, issued by Legislative Decree No. 910 of 2000, and the Regulations issued under the above Act by Supreme Decree No. 020-2001-TR.

Article 3 of the Convention. Under the terms of section 5(g) of the General Act respecting labour inspection and the defence of workers, the inspection services may be called upon by the law or by other legal provisions to discharge duties in addition to those set out in paragraph 1(a) to (c) of this Article. The Committee would be grateful if the Government would provide details and clarifications on the nature of these duties and indicate the manner in which it is ensured, as required by paragraph 2 of the same Article, that they do not interfere with the effective discharge of the primary duties of labour inspectors, nor prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Article 5(a). According to the information provided in the Government’s report, the protection of young workers is the coordinated and complementary responsibility of the Ministry of Labour and Social Promotion, the Ministry for the Promotion of Women and Human Development (PROMUDEH), the Ministry of Health and the Ministry of Education. The Committee would be grateful if the Government would provide a copy of any text providing a legal basis for such coordination, as well as any relevant information on the results of the coordination or any difficulties which may have been encountered.

Article 6. The Committee notes that the Government has not provided information concerning the nature of the employment relationship of the new labour inspectors recruited under the Emergency Decree of 21 April 1996, which is a matter raised by the Association of Labour Inspectors. It is therefore requested to provide this information and also to indicate the measures taken to give effect to section 6(2) of the General Act respecting labour inspection, the application of which is reported to have been frozen for budgetary reasons, and under the terms of which labour inspectors are public officials recruited after competition under a contract without limit of time.

Articles 10 and 14. In its previous report, the Government provided information showing a clear imbalance in the distribution of the staff of the labour inspection services between the region of Lima and the rest of the country, and the Committee noted that this imbalance was reflected in the statistics of workplace inspections. The Committee requested the Government to indicate the precise distribution of labour inspectors in geographical terms and by specialization, as well as the corresponding number of workplaces liable to inspection. The Government has not provided the information requested, but has expressed its intention of taking measures to remedy the situation. The Committee hopes that the Government will be in a position to provide in its next report the required information, as well as indications on the nature and implementation of the announced measures.

Article 12. In accordance with section 7(a) of the General Act respecting labour inspection and the defence of workers, labour inspectors are authorized to enter freely and without previous notice at any "reasonable hour" workplaces liable to inspection. The Committee emphasizes that it is essential that there is a legal basis for the right to enter freely at any hour of the day or night any workplace liable to inspection (Article 12, paragraph 1(a)) and to enter by day any premises which inspectors have reasonable cause to believe are liable to inspection (paragraph 1(b)). It therefore requests the Government to take the necessary measures rapidly to bring the legislation into conformity with the Convention in this respect and to provide full information on the progress achieved in this matter.

Article 14. The Committee cannot overemphasize the importance of the role of labour inspectors in the development and implementation of an effective policy for the prevention of occupational risks. To play this role fully, it is necessary for them to be informed of the occurrence of industrial accidents and cases of occupational disease, as required by this Article of the Convention. The Committee trusts that the Government will take measures without delay to establish the obligation for their notification and that it will provide the relevant information.