Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Articles 5(a), 11(2) and 12(1)(a) of the Convention. Effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities. Reimbursement of expenses necessary for the performance of their duties. Freedom of access to workplaces liable to inspection. In its previous comments, the Committee requested the Government to provide information on the measures taken to improve cooperation between the inspection services and the police, investigation services and the Office of the Public Prosecutor.

In this regard, the Government indicates in its report that various technical and standards-related measures have been approved, such as Supreme Decree No. 011 2014 TR of 2014, which approved the Intersectoral Protocol to Combat Forced Labour, with the objective of facilitating synergies between the labour inspection services and other authorities, such as the National Police of Peru. It adds that the labour inspection services and the national police have been collaborating on action relating to child labour, informality and fundamental rights. The Committee requests the Government to continue providing information on the cooperation of the inspection services with the police, particularly with regard to cases of the obstruction of inspectors in their duties.

Article 7(1). Conditions for the recruitment of labour inspectors. In its previous comments, the Committee requested the Government to provide information on the effect given in practice to the Regulations governing the careers of labour inspectors, which establish the procedures for entry into the profession and the conditions for the promotion of labour inspectors.

In this respect, the Government indicates that there are three categories of personnel in the inspection services: the highest level consists of supervisory inspectors, to which access is through internal competitions; the second is labour inspectors, to which access is also through internal competitions; and the final category is composed of auxiliary inspectors, which consists of persons entering the inspection services, recruitment into which is only by public competition based on merit. It adds that public competitions consist firstly of a selection phase, in which the candidates have to provide evidence of their academic training, experience and knowledge of labour legislation or occupational safety and health (OSH), as well as certain competencies such as leadership and communication and, secondly, a training phase, which the candidates have to complete. The Committee requests the Government to provide information on the criteria applied in internal competitions and the manner in which such competitions are conducted.

Article 7(3). Training of labour inspectors. In its previous comments, the Committee noted the information provided by the Government to the effect that the National Labour Inspection Authority (SUNAFIL) had initiated a capacity-building plan at the national level for inspection personnel (including inspection personnel in the regions), the main themes of which were OSH, inspection procedures and social and labour standards. The Committee requested it to continue providing information on this subject. The Government indicates that the ILO has provided advice in the form of a proposal for a training programme for the labour inspection system in Peru. It adds that the training activities undertaken include: the establishment of the Training and Capacity-building Centre for the Labour Inspection System specializing in the development of training and capacity-building programmes; the implementation of a virtual SUNAFIL course; the provision of training programmes for trainers; the holding of an intensive training programme for recently hired auxiliary inspectors (as recommended by the ILO advisory services); and, within the context of the development plan for State personnel, the provision of 54 capacity-building courses for SUNAFIL personnel, with 677 participants. The Committee requests the Government to provide information on the activities of the Training and Capacity-building Centre for the Labour Inspection System.

Article 9. Collaboration of qualified technical experts and specialists with the inspection services. In its previous comments on the collaboration of qualified technical experts and specialists with the inspection services, the Committee requested the Government to take measures rapidly to ensure such collaboration and to provide a copy of any text adopted or issued on this subject. In this connection, the Government indicates that section 3 of Supreme Decree No. 0022012-TR provides that the Ministry of Labour and Employment Promotion (MTPE) shall draw up a list of occupational safety and health experts with a view to issuing reports to the labour inspection services when so required. It adds that Directive No. 002-2016-SUNAFIL/INII, in section 7(3), empowers inspectors to include in inspections the specialists and/or technicians that they consider necessary for the discharge of their functions. For that purpose, they may request the MTPE, regional and local governments, the Ministry of Health and other institutions of the public administration to provide duly qualified technical experts and specialists.

Article 10. Numbers of labour inspectors. In its previous comments, the Committee requested the Government to provide information on the measures adopted to fill the posts of inspectors set out in the Personnel Assignment Table (CAP) of the SUNAFIL, which envisaged a total of 460 posts of auxiliary inspectors, 205 labour inspectors and 89 supervisors.

In this regard, the Government indicated in September 2015 that, of the 754 posts envisaged for SUNAFIL, 332 are occupied, of which 199 are auxiliary inspectors, 112 were inspectors and 21 are supervisors. In September 2016, it indicated that there were 466 inspectors at the national level. However, the Government does not specify, like it did in September 2015, the categories and number of inspectors working at the SUNAFIL, the MTPE and the regional governments. The Committee notes the indication of the Government that a draft law aimed at strengthening the labour inspection system will allow to recruit labour inspectors for the SUNAFIL, the MTPE and the regional governments, despite the fact that Law No. 29981 on the establishment of the SUNAFIL provides that the labour inspection functions of the MTPE have to be transferred to the SUNAFIL. Noting this information, the Committee requests the Government to explain why the draft law envisages the recruitment of labour inspection staff for the MTPE. It also requests the Government to indicate the criteria that apply for identifying the needs of labour inspectors at the SUNAFIL and in the regional offices.

Article 11. Material resources available to labour inspectors. In its previous comments, the Committee requested the Government to provide information on the material resources available to labour inspectors for the discharge of their functions.

In this regard, the Government indicates that the SUNAFIL Department for Metropolitan Lima has 27 vehicles and the nine regional departments have one vehicle each. When these vehicles are not sufficient, SUNAFIL guarantees the reimbursement of transport and other unforeseen expenses. The Government adds that on the SUNAFIL webpage various directives have been issued concerning subjects such as the local mobility of inspectors, the allocation and use of vehicles, and the provision and supervision of daily expenses, and that the Bill to strengthen the labour inspection system authorizes the acquisition of vehicles. The Committee requests the Government to provide information on the material resources available (premises, telephones, computers, Internet connections, photocopiers, measuring equipment, etc.) in labour inspection offices, both of the SUNAFIL and the regional governments, including the means of transport available.

Article 14. Notification to the labour inspection services of industrial accidents and cases of occupational disease. In its previous comments, the Committee reminded the Government of the importance of establishing a mechanism for the notification to the labour inspection services of industrial accidents and occupational diseases, and requested it to take the appropriate measures for that purpose. In this regard, the Government indicates that the MTPE has established a virtual register of industrial accidents and occupational diseases, known as the Occupational Accidents System (SAT), which is linked to the Labour Inspection Information System (SIIT), so that the cases recorded by the SAT are reported to the SIIT.

Article 18. Adequate and effectively enforced penalties. In its previous comments, the Committee asked whether the agreement concluded with the financial institutions for administrative support in the collection of fines, referred to previously by the Government, covered the collection of the penalties imposed in all workplaces liable to inspection.

In this context, the Government indicates, on the one hand, that the possibility of collecting fines resulting from the penalties imposed in the course of a labour inspection only exists for micro-enterprises within the territory of Metropolitan Lima which are on the list approved by the MTPE and, on the other hand, that SUNAFIL has not concluded any agreement with banks, but that it has a unit specializing in the collection of the fines imposed as a result of inspections in workplaces within its competence. It adds that the Bill to strengthen the labour inspection system authorizes the MTPE, SUNAFIL and the regional governments to hire personnel responsible for the enforced collection of fines resulting from penalties issued by the inspection services. The Committee requests the Government to provide information on any developments in this regard and the results of these measures.