Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee also notes the observations on the Convention made by the Autonomous Workers’ Confederation of Peru (CATP), received in 2019, which refer to various issues raised by the Committee in its previous comment.

Moreover, the Committee notes the observations of the CATP, received in 2020 together with the Government’s report, which reiterate its 2019 observations and also refer to the following issues: (i) Legislative Decree No. 1499 (May 2020) amended section 6 of Act No. 28806 (the General Labour Inspection Act) by eliminating the advisory role that labour inspectors had towards employers and workers; consequently, employers presented a high number of requests for suspension of workers in the midst of the COVID-19 pandemic which were not in conformity with legal requirements and were declared invalid by the administrative labour authority; (ii) the number of labour inspectors in the National Labour Inspection Authority (SUNAFIL) is insufficient; this implies an overload for inspectors which is an obstacle to the effective accomplishment of their functions; (iii) labour inspection only covers the private sector, which means that workers in the public sector are not covered; (iv) the SUNAFIL does not provide safe and healthy working conditions to labour inspectors, including the necessary preventative and protective measures in the context of the current pandemic; (v) the SUNAFIL’s training centre does not adequately plan its activities, which has a negative impact on the training of the inspectorate’s personnel; (vi) the labour inspectorate is not notified of work accidents occurring in the informal economy and therefore they are not investigated; (vii) the SUNAFIL does not have a work plan which would ensure the regular sanctioning of recidivist enterprises, the monitoring of frequent violations and the application of the sanctions imposed by the competent bodies based on the inspectorate’s work; and (viii) since 2015, annual labour inspection reports have not been published on the official webpage. The Committee requests the Government to transmit its comments in response to these serious allegations.

Articles 6 and 15(a) of the Convention. Legal status and conditions of service of inspectors. In its previous comments, the Committee noted the Government’s indication that the SUNAFIL and the regional governments had not yet incorporated the new civil service system envisaged by the Civil Service Act No. 30057 of July 2013 and that their employees were still governed by the labour legislation regulating private enterprises until the public service career system was implemented. In this regard, the Committee notes the Government’s indication in its report that, as of June 2019, the National Civil Service Authority (SERVIR) includes 463 entities that are in the process of implementing the system envisaged by the Civil Service Act, and that these include the SUNAFIL and 17 regional governments. Moreover, the Government indicates, in its supplementary information, that the implementation of the new civil service system is progressive, by entities and offices, and that it is done in four stages (preparation of the institution concerned, analysis, implementation of internal improvements, and competitions under the new system) as provided for in the document entitled “Procedure for the transition of a public institution to the civil service system under Act No. 30057” approved by Presidential Resolution No. 034-2017-SERVIR/PE. The Government adds that the SUNAFIL is at stage two of the process and that its transition is therefore not yet finalized. The Government indicates that the integration of workers to the new civil service system can only happen once the institution concerned has completed the transition process. The Government also adds that those who perform labour inspection functions in regional governments, and who had been transferred to SUNAFIL under Act No. 30814 on the strengthening of the labour inspection system, are not part of the transition process to the new civil service system. The Committee also notes that the CATP emphasizes the importance of the Government ensuring that the implementation of the Civil Service Act does not have a negative effect on the legal status and conditions of service of inspectors. The Committee requests the Government to indicate the number of inspectors who have already been transferred to the civil service system, those who are still in a transitional period, those for whom the transition has not yet commenced, and those who will not be part of the transition process at all. It also requests the Government to provide information on the impact that the integration of the labour inspectorate into the new civil service system has on the conditions of service, salary scales, and career prospects of staff of regional governments with inspections functions. In addition, the Committee requests that the Government provide information on the legal status of each of these categories of inspectors, with an indication of whether they all benefit from guarantees, such as stability of employment, independence of changes of government and of improper external influences, irrespective of whether or not they have been included in the civil service system. The Committee further requests the Government to provide information on the salary scales, benefits and career prospects of labour inspectors in relation to other comparable categories of public servants engaged in similar functions in other Government services, such as tax inspectors and the police.

Articles 12(1)(a) and (c), and 15(c). Scope of the right of free entry of labour inspectors into workplaces liable to inspection. In previous comments, the Committee noted that the provisions of the General Labour Inspection Act, and particularly sections 10 to 13, make inspections conditional on an order from a higher authority. The Committee once again notes with regret that there has been no progress in this regard and that these provisions of the General Labour Inspection Act remain in force. The Committee recalls that in its 2006 General Survey on Labour Inspection, in paragraphs 265 and 266, it indicates that the different restrictions placed in law or in practice on inspectors’ right of entry into workplaces, such as restrictions on the free initiative of inspectors in this regard through the requirement for formal authorization issued by a higher authority or another competent authority, can only stand in the way of achieving the objectives of labour inspection as set out in the instruments. The Committee once again requests the Government to take the necessary measures to ensure that, in law and practice, inspections are not subject to an order issued by a higher authority.

The Committee is raising other matters in a request addressed directly to the Government.