Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Labour Inspection Convention, 1947 (No. 81) - Paraguay (Ratification: 1967)

Referring to its observation, the Committee trusts that the Government will supply additional information on the following points raised in its previous direct request, which read as follows:

Article 3. Functions of the system of labour inspection. The Committee notes the allegations of the Ibero-American Confederation of Labour Inspectors that the conciliatory function is the major activity conducted by labour inspectors in Paraguay, blunting the discharge of their primary duties within the meaning of this provision. This situation was such as to prejudice the authority and impartiality necessary to inspectors in their relations with employers and workers. The Committee asks the Government to provide its response to these comments.

Article 6. Legal status and conditions of service of the inspection staff. In its comments the Ibero-American Confederation of Labour Inspectors alleges that the labour inspectors are not independent of changes of government. It also states that the salaries of inspectors are very low; that the differentiation in the levels of salaries is based not upon the level of education, but on administrative matters; that out of nine safety and hygiene inspectors four receive lower salaries. The Committee notes the indication in the Government’s report that the average salary of the labour inspectors currently is about US$350 while the average salary of other public functionaries and workers in the private sector is approximately US$180. The Committee asks the Government to indicate how the independence of labour inspectors of changes of government is assured and to provide its response to the above allegations.

Article 7, paragraph 3. Adequate training for the performance of inspection duties. The Committee notes that the Ibero-American Confederation of Labour Inspectors alleges the absence of training of labour inspectors. The Committee notes the information in the Government’s report concerning the courses for persons interested in becoming labour inspectors, conducted by the Paraguayan Institute for Labour Studies (IPET), and information concerning arrangements for subsequent training (refresher courses conducted in IPET, and courses especially organized for Inspectors of Hygiene and Occupational Safety). The Committee hopes that the Government will continue to supply information in this respect.

Article 12. Powers of labour inspectors. The Committee notes the allegations of the Ibero-American Confederation of Labour Inspectors that labour inspectors are prevented from entering industrial and commercial undertakings and that the authorities take no steps to remedy the situation when they are informed thereof. The Committee asks the Government to indicate the specific provisions of the national legislation prescribing penalties for obstructing labour inspectors in the performance of their duties and, in particular, for preventing them from entering freely and without previous notice at any hour of the day or night any workplace liable to inspection, and provide information on the practical application of this provision.

Articles 17 and 18. Prompt legal proceedings; adequate penalties. The Ibero-American Confederation of Labour Inspectors alleges that the sanctions provided in the legislation are not applied. The Committee asks the Government to send its comments on these allegations, providing the statistics of violations and penalties imposed.

Articles 20 and 21. Annual reports. The Committee notes that no annual report on the work of the inspection services has been received by the ILO. The Committee asks the Government to provide a copy of such report within the time limits set forth by Article 20, paragraph 3. The Committee also reminds it that annual reports published by the central inspection authority shall deal in particular with all items listed in Article 21, including statistics of industrial accidents and of occupational diseases (Article 21, paragraphs (f) and (g)).