Labour Inspection Convention, 1947 (No. 81) - Brazil (Ratification: 1989)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the National Union of Labour Inspectors (SINAIT), received on 2 September 2022, referring to physical attacks, threats, and acts of intimidation against labour inspectors, as well as other issues of application of the Convention. Noting the serious nature of these issues, the Committee requests the Government to provides its comments in this respect.

The Committee also notes the observations of the National Confederation of Industry (CNI) and the International Organisation of Employers (IOE), received on 30 August 2022.

Articles 3 and 4 of the Convention. System of labour inspection and the central authority. Following its previous comments, the Committee notes the information in the report of the Government that the Ministry of Labour and Social Security has been re-established through the adoption of Act No. 14,261 of 16 December 2021 and that the labour inspectorate now operates under that Ministry. In this regard, the Committee notes that, pursuant to section 3 of Ordinance No. 547 of 22 October 2021 of the Ministry of Labour, which regulates the work of the labour inspectorate, the management of labour inspection activities is decentralized, but coordinated at national level by the Subdepartment of Labour Inspection. The Government indicates that various strategic posts in the Ministry of Labour and Social Security must be filled by labour inspectors and asserts that the restructuring has no negative impact on the labour inspectorate. The Committee notes that the CNI, in its observations supported by the IOE, also takes the view that the restructuring of the labour inspectorate did not change its activities or diminish its work. The Committee requests the Government tocontinue to provide information on any other developments or changes to the organization of the labour inspection system, and any impact they may have on the application of the Convention.

Articles 3(1), 10, 16 and 21(e). Number of labour inspection staff for the effective discharge of the functions of the system of labour inspection. Following its previous comments, the Committee notes that, according to the annual reports on the work of the labour inspectorate (Annual Labour Inspection Reports), the number of labour inspectors has continued to decrease, from 2,276 labour inspectors in 2018 to 2,015 in 2021. In this regard, the Committee welcomes the Government’s indication that the Ministry of Labour and Social Security has sent a request to the Ministry of the Economy in 2021, to open a process for the competitive recruitment of additional labour inspectors. The Government further indicates that the labour inspectorate has been undergoing a modernization process in recent years, and has implemented several strategies, including the development of technological tools and computerized systems, the establishment of new internal management procedures and work methodologies, and capacity-building for labour inspectors. In particular, the Government states that, since 2020, the labour inspectorate has followed a strategic compliance model at the national level, which was further strengthened through the inclusion of special sectoral actions in 2021. The observations of the CNI also indicate that the labour inspectorate uses a combination of different types of interventions not limited to inspection visits, with actions reaching a larger number of establishments, workers, and institutional partners. While taking note of the modernization efforts of the labour inspectorate, the Committee observes that, according to the statistics provided in the 2018–21 Annual Labour Inspection Reports, the number of inspection visits has decreased by more than 20 per cent overall, from a total of 214,054 inspected establishments in 2018, to 169,041 in 2021. At the same time, the 2018, 2019, 2020 and 2021 Annual Labour Inspection Reports indicate that the total number of places subject to inspection has increased by over 30 percent, from 3,086,860 in 2018, to 4,424,841 in 2021. Considering these trends, the Committee requests the Government to provide further information on the outcome of the competitive recruitment process for new labour inspectors, and on other measures taken to ensure that the number of labour inspectors remains sufficient to secure the effective discharge of the duties of the inspectorate.

Article 11. Financial and other resources and material conditions of work of labour inspectors for the effective discharge of their duties. Following its previous comments, the Committee notes the information provided by the Government concerning the development of various technological systems and tools to increase the efficiency and scope of labour inspections. The Committee also notes the Government’s indication that improvements in internal management procedures and new methodologies have led to higher numbers of interventions recorded by the labour inspectorate. In addition, the Committee notes the Government’s indication regarding the acquisition of new vehicles, bulletproof vests and notebook computers, as well as an increase of 70 per cent in the daily travel allowance of labour inspectors. The Committee requests the Government tocontinue to provide information on any measures adopted to improve the financial and material resources of the labour inspectorate, including in relation to offices, office equipment and installations, transport facilities and the reimbursement of travel expenses.

Articles 17 and 18. Effective enforcement of appropriate penalties in the event of violation of the legal provisions. Following its previous comments, the Committee notes the Government’s indication that, although the General Appeals Bureau is no longer part of the Subdepartment of Labour Inspection, it still operates within the Department of Labour of the Ministry of Labour and Social Security. The Government also indicates that the General Appeals Bureau is headed by a labour inspector, pursuant to section 18 of Decree No. 4,552 of 27 December 2002 approving the labour inspection regulations. Regarding the application of penalties, the Committee notes the statistics provided in the 2018, 2019, 2020 and 2021 Annual Labour Inspection Reports, and observes a decrease in the period 2018–21, from 263,665 analysed procedures with fines imposed in 2018, to 115,213 in 2021. The Annual Labour Inspection Reports also indicate a decrease in the number of infringements reported in the same period, from 247,877 in 2018, to 218,541 in 2021. Taking into account these trends, the Committee requests the Government to provide further information on the reasons for the decrease recorded in the number of analysed procedures with fines imposed. The Committee also requests the Government to provide further information on the measures adopted to guarantee the application of appropriate penalties in the event of violation of legal provisions enforceable by labour inspectors.

Article 18. Obstruction of labour inspectors in the performance of their duties. Appropriate and effectively enforced penalties. Following its previous comment on this matter, the Committee notes the information provided by the Government regarding the measures taken to address threats made against labour inspectors in the performance of their duties, including its indication that labour inspectors were given self-defence training by the Federal Highway Police Academy. The Committee also notes the indication of the Government regarding the issuance of Ordinance No. 7,501 of 28 June 2021 of the Ministry of the Economy, approving safety protocols and establishing the Special Institutional Safety Procedure (PESI) to be followed by the staff of the Federal Labour Inspection system in the exercise of their mandate. The Government indicates that the purpose of the PESI is to monitor, assess and adopt procedures in the event of a serious threat to the safety of the labour inspection staff in the performance of their duties, including to eliminate risks and hazards posing a threat to their or their families’ physical and psychological safety. The Committee observes that, while section 8 of Ordinance No. 7,501 of 28 June 2021 requires remedial measures to be put forward in the framework of a PESI, there is no reference in the Ordinance to the application of any penalties for obstructing labour inspectors in the performance of their duties. The Committee therefore requests the Government toprovide further information on the application of Ordinance No. 7,501 of 28 June 2021 in practice, including statistics on the number of PESI requests made and their outcomes. In addition, noting the absence of information from the Government on this issue, the Committee once again requests the Government to provide specific information on the investigations and the outcomes of cases of threats made against inspectors in the performance of their duties, including for the labour inspectors threatened in Ceará and Pará in May/June 2019.

Articles 20 and 21. Publication and communication of an annual report on the work of the inspection service. Following its previous comments, the Committee notes with satisfaction that the 2018, 2019, 2020 and 2021 Annual Labour Inspection Reports have been transmitted to the ILO, and that they contain information on all the subjects set out under Article 21 of the Convention. The Committee requests the Government to indicate whether those Annual Labour Inspection Reports are also published, in accordance with Article 20(1) and (2).

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the National Union of Labour Inspectors (SINAIT), received on 4 August 2017 and 19 June 2019, and the Government’s reply thereto, received on 16 October 2019.

Articles 3 and 4 of the Convention. System of labour inspection and the central authority. The Committee notes the allegation by SINAIT in its observations that the administrative restructuring imposed by Provisional Measure No. 870 of 1 January 2019 and Decree No. 9.745 of 8 April 2019 (it is noted that Provisional Measure No. 870 became Act No. 13.844 of 18 June 2019) had a negative impact on the Federal Labour Inspection System. According to SINAIT, this restructuring made the Department of Labour Inspection into a sub-department and divided up the competencies of the former Ministry of Labour, hindering coordination among the various sectors and concentrating decisions at the political level, which has weakened the system of labour inspection. The Committee notes the Government’s indication, in its reply to the observations of SINAIT, that: (1) the competencies of the Ministry of Labour were not eliminated, but rather redistributed to other ministries; (2) in addition to the Ministry of Labour, other ministries were restructured and became part of what has become known as the “Superministry” of Economic Affairs; (3) the administrative restructuring does not mean a loss of relevance for the labour agenda; rather, its objective was to halt a process of administrative inefficiency and corruption; and (4) a total of 50 per cent of strategic posts in the cabinet of the Department of Labour are occupied by labour inspectors. The Committee requests the Government to provide additional information on the impact of the labour administration reform on the organization of the system of labour inspection, and to provide updated statistical information on the number of inspections conducted and their results.

Articles 3(1), 10, 16 and 21(e). Number of labour inspection staff for the effective discharge of the functions of the system of labour inspection. In its previous observation, the Committee requested the Government to continue taking measures to strengthen the number of labour inspectors with a view to optimizing the coverage of inspection needs. The Committee notes the allegation by SINAIT that: (1) the number of active inspectors (2,266 inspectors in March 2019, according to its records) is constantly decreasing and is insufficient to meet the demands faced by the labour inspectorate, which is gradually reducing the number of workplaces inspected; and (2) the last public competition for the recruitment of inspectors took place in 2013 and, despite various requests, there are no prospects for the reconfiguration of the number of active labour inspectors. The Committee notes the table illustrating the trend in the number of labour inspectors over the last 23 years, sent by the Government in its reply to the observations of SINAIT, according to which the number of labour inspectors reached its lowest level in 2018 (from 2,713 inspectors in 1995 to 2,364 in 2018). The Government indicates that the reduction in the number of active federal public servants is occurring in a context of economic crisis and that, despite the falling number of inspectors, the number of workplaces inspected and inspections has remained stable over the last three years (around 200,000 workplaces and 240,000 inspections). Finally, the Committee notes the Government’s indication that, in view of the fiscal crisis, it has chosen to restrict the number of new public competitions held, and that possible replacements of public servants will be considered after the alternative solutions of optimizing personnel and introducing technologies to reduce costs have been exhausted. The Committee requests the Government to indicate the measures adopted to ensure that the number of labour inspectors is sufficient for the effective discharge of their duties, including with regard to the optimization of personnel and the introduction of technologies to reduce costs, and on the impact of these measures on the functioning of the inspectorate and the results of its work. Lastly, it requests the Government to continue providing statistical information on the number of labour inspectors and workplaces inspected.

Article 6. Conditions of service of labour inspectors. In its previous comments, having noted the allegation by SINAIT that a significant number of inspectors had left the Ministry to take posts with better salaries at other public or private entities, the Committee requested the Government to provide its comments in that regard, and to provide detailed information on the remuneration of the various categories of labour inspectors and on the level of remuneration of labour inspectors in relation to that of other public servants exercising similar functions. In this regard, the Committee notes the Government’s indication that: (1) the labour inspectorate is a service of the Federal Executive Authority and is the only public service with the functional competency to inspect employment relationships; (2) there are no other areas of the administration – on the federal, state or municipal levels – that exercise functions similar to those of the labour inspectorate; (3) nevertheless, taking into consideration that the functional competency of the labour inspectorate includes the inspection of the Time of Service Guarantee Fund, social contributions and trade union contributions – all tax-related obligations of employers – the service of the Federal Executive Authority it resembles most is the Brazilian Federal Tax Inspectorate, the main function of which is the inspection of federal income taxes; and (4) it is no coincidence that the structure and remuneration of both services is governed by the same laws (Acts Nos 10.593 of 6 December 2002, 10.910 of 15 July 2004 and 13.464 of 10 July 2017), and that their basic salaries are identical (the Government provides detailed information on the remuneration of the various categories of labour inspectors). In reply to the observations of SINAIT, the Government adds that labour inspectors are part of a group of public officials considered the most well paid in the country, and that the value of their salaries, including additional benefits, is very close to the constitutional limit of 39,000 Brazilian reais (BRL) (approximately US$9,780), which is paid to the officials of the Federal Supreme Court. The Committee notes this information.

Article 11. Financial and other resources and material conditions of work of labour inspectors for the effective discharge of their duties. In its previous comments, the Committee requested the Government to continue providing information on any measures taken to provide inspectors with the resources necessary for the effective discharge of their duties. The Committee notes the Government’s indication that it has made efforts to improve the working conditions of inspectors, particularly through the purchase of computer equipment and that, regarding the travel of labour inspectors in the performance of their duties, the regulation applicable to the labour inspectorate provides that when the travel is within the region of their workplace, inspectors may make use of: (a) official vehicles; (b) a privilege entitled “free passage”, through which they may use public transport for free; and (c) their own means of transport, with the right to have their expenses reimbursed through an allocation entitled “compensation for transport”.

The Committee also notes the allegation by SINAIT that Presidential Decree No. 8961 of 30 March 2017 placed the Ministry of Labour under significant austerity guidelines (reducing its budget from BRL902 million (US$227 million) to BRL444 million (US$112 million)), which involved a budget cut for the labour inspectorate. According to SINAIT, various inspections were suspended owing to the absence of suitably equipped local offices and of transport facilities at the disposal of the inspectorate (i.e. vehicles with fuel), as adequate transport facilities for this purpose do not exist owing to the size of the country of Brazil. The Committee notes the Government’s indication in its reply to the observations of SINAIT that it is carrying out the following government actions to expand the work of the inspectorate: (i) providing high-quality diagnostic tools; (ii) developing specific sectoral solutions to guide employers through the compulsory process of health and safety risk evaluation; and (iii) digitalizing services and developing electronic debt-notification processes and technological solutions to enable a broad process of bureaucracy reduction. The Committee requests the Government to provide information on any progress made in relation to the implementation in practice of these government actions and their impact on the efficiency of the work of the labour inspectorate. It also requests the Government to continue providing information on the measures adopted to improve the budgetary situation of the labour inspectorate, particularly in relation to resources (offices, office equipment and installations, transport facilities and the reimbursement of travel expenses).

Articles 17 and 18 of the Convention. Effective enforcement of appropriate penalties in the event of violation of the legal provisions. The Committee notes the allegation by SINAIT that the General Appeals Bureau, which has ultimate administrative responsibility for hearing appeals relating to infringements penalized by labour inspectors, has been removed from the administrative structure under the authority of the federal labour inspection system. SINAIT alleges that this removal puts at risk the long-term capacity of the labour inspectorate to enforce penalties, and substantially reduces its capacity to monitor and supervise working conditions. The Committee requests the Government to provide information on the measures adopted to guarantee the application of appropriate penalties in the event of violation of the legal provisions enforceable by labour inspectors. In this regard, the Committee requests the Government to provide information on the impact of the removal of the General Appeals Bureau from the authority of the federal labour inspection system with regard to the enforcement of penalties. The Committee also requests the Government to continue providing information on the number of violations detected and penalties imposed and the amount of fines collected.

Article 18. Obstruction of labour inspectors in the performance of their duties. Appropriate and effectively enforced penalties. The Committee notes that SINAIT alleges: (1) an increase in the number of threats made against inspectors in the performance of their duties; (2) the absence of an adequate protocol to ensure the safety of the inspectors, which has impeded inspection activities; and (3) that, in May/June 2019, three labour inspectors were threatened in the states of Ceará and Pará and therefore had to be removed from the situation of risk which they faced pending the conclusion of police investigations. The Committee notes the Government’s indication in its reply to the observations of SINAIT that the case of the Ceará inspector was registered by the Labour Public Prosecutor’s Office, and that two police investigations were opened in relation to the two Pará inspectors, who were removed from their duties as a preventive measure. The Government also indicates that the Department of Labour, through the Subdepartment of Labour Inspection, established a working group with the aim of developing a “labour inspection security protocol”. The Committee requests the Government to continue adopting measures to guarantee the integrity and security of labour inspectors, and to provide specific information on the investigations and the outcomes of cases of threats made against inspectors in the performance of their duties. It also requests the Government to provide information on the adoption of the “labour inspection security protocol” and on the results of its application in practice.

Articles 20 and 21 of the Convention. Publication and communication of an annual report on the work of the inspection service. The Committee notes with interest the 2017 annual report of the work of the labour inspectorate in accordance with Article 21 of the Convention. The Committee requests the Government to ensure that annual reports are published on the work of the labour inspection services.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations made by the National Association of Occupational Safety and Health Workers (ANAHST), received on 7 May 2014.

Article 6 of the Convention. Occupational health and safety officials. In its previous comments, the Committee requested the Government to send its comments on the observations made by the Health, Labour and Social Welfare Workers’ Union of the State of Rio de Janeiro (SINDSPREV/RJ) alleging that occupational health and safety officials were victims of discrimination.

The Committee notes that in its observations the ANAHST also alleges systematic discrimination against occupational safety and health officials engaged in the Federal Labour Inspection System. In this respect, the Committee notes the Government’s indication that occupational health and safety officials cannot be appointed to the role of labour inspector without having first been successful in a public competition. Their appointment to the position otherwise would not be in conformity with the law. This is therefore not discrimination, but rather compliance with the law in relation to public appointment. The exercise by such officials of any power not established by law would render the administrative act null and void on the grounds of lack of competency. The Committee notes this information.

Articles 20 and 21. Publication and communication of an annual report on the work of the inspection services. The Committee notes the statistics provided by the Government, as well as the Government’s indication that it has made efforts to ensure that the annual inspection report contains the information required by Article 21 and is transmitted in accordance with the provisions of Article 20. The Committee requests the Government to provide an annual report on the work of the inspection services in conformity with these Articles.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations made by the National Union of Labour Inspectors (SINAIT), received on 1 April 2014 and 31 October 2014, and the Gaucha Association of Labour Inspectors (AGITRA), received on 7 April 2014. The Committee also notes the joint observations of the National Confederation of Industry (CNI) and the International Organisation of Employers (IOE), received on 1 September 2015.

Articles 3(1), 10, 16 and 21(e) of the Convention. Number of labour inspectors for the effective discharge of the functions of the system of labour inspection. In its previous comments, the Committee requested the Government to indicate whether there was any specific initiative under way to increase the number of budgeted labour inspection posts and to provide up-to-date information on the number of labour inspectors and their geographical distribution, the distribution of assignments and duties among labour inspectors, both in central and regional offices, and the number and geographical distribution of the workplaces liable to inspection and the workers employed therein.

The Committee notes that the CNI and IOE indicate that the legislation is in line with the Convention and, moreover, that the Ministry of Labour and Employment (MTE) establishes directives for labour inspectors through a large number of administrative provisions. There is nevertheless still room for improving the system in order to achieve a balance between needs, legislation and the role of inspectors.

The Committee notes that the SINAIT and AGITRA allege in their observations that the number of labour inspectors (auditores fiscais do trabalho) posts established by law is inadequate and does not meet the requirements of Article 10 of the Convention or remotely meet the needs of such a large country confronted with forms of labour akin to slave labour and child labour, deaths caused by work-related accidents and occupational diseases. They also state that not even the number of labour inspectors established by law is respected. Recent studies estimate that more than 5,000 additional inspectors are needed.

The Committee notes that, in its reply to the observations of the two organizations, the Government recognizes that increasing the number of labour inspectors is an important step towards adequately meeting the demands of society, guaranteeing the rights of workers, protecting the health and lives of workers and reducing the high costs of social security and costs related. The Government indicates that the MTE sent the Ministry of Planning, Budget and Management (MPPG) Notice No. 002/14 on the need to increase the number of labour inspection posts, as well as Notice No. 97/2014 requesting 800 labour inspection posts to be filled. The MPPG replied that authorization to fill the vacancies first required the adoption of the 2015 Annual Budget Bill, and that the MPPG is not responsible for the Bill’s legislative passage. As to increasing the number of labour inspectors, the MPPG also replied that it is for the legislature to approve the MTE’s initiative to create new posts, as the number of inspectors needed (4,500) exceeds the number authorized by law (3,644). The Government hopes that through the gradual increase in the number of labour inspectors, taking into account the present budgetary constraints, it will be possible to address the shortage progressively.

The Government also indicates in its report that the MTE and the labour inspection secretariat have made efforts to increase the number of inspectors in every region by holding new competitions. In 2013, a competition was launched to fill 100 vacancies, and the successful candidates have already taken up their posts. The MPPG has received new requests to authorize further competitions to fill the available vacancies. The Government also reports that a bill to create 1,406 new labour inspection posts is before the National Congress.

The Committee notes that, according to the table contained in the Government’s report, there were 2,629 labour inspectors as of the end of April 2015. The Committee notes the measures envisaged and adopted by the Government to progressively increase the number of labour inspection posts and to fill the vacancies within the current limit authorized by the law. The Committee requests the Government to continue taking steps to strengthen the number of labour inspectors with a view to optimizing coverage of inspection needs.

Article 6. Conditions of service of labour inspectors. The Committee notes the indications of the SINAIT that a considerable number of inspectors have left the Ministry to take up posts with better salaries in other public or private entities. The Committee requests the Government to provide its comments on this matter. The Committee further requests the Government to provide detailed information on the remuneration of labour inspectors in different categories. It also requests the Government to provide information on the level of remuneration of labour inspectors in relation to other public servants exercising similar functions.

Article 11. Financial and other resources and material conditions of work of labour inspectors for the effective discharge of their duties. In its previous comments, the Committee requested the Government to provide information on the transport facilities at the disposal of labour inspectors and their geographical distribution, as well as the accessibility of labour inspection offices, any developments in any improvements in the working conditions of inspectors in decentralized units.

The Committee notes that the SINAIT emphasizes the precarious nature of the facilities, furnishings, computer equipment and vehicles at the disposal of labour inspectors. Labour inspectors are obliged to cover their travel expenses for the inspection of enterprises, as the allocated daily allowance does not even cover the cost of fuel. There are vehicles that are broken down, not serviced and deteriorating in garages.

The Committee notes the Government’s indication that in 2014 approximately 8.5 million Brazilian reals (BRL) (equivalent to approximately US$2.245 million) were spent on investments and improvements in the facilities of decentralized units. Regarding means of transport, the Government indicates that labour inspectors can use either their own vehicles, in which case they receive a fixed transport allowance, or the available official vehicles or public transport. The legislation also establishes that the free passage of labour inspectors and occupational safety and health officials must be granted upon the presentation of their accreditation (including via toll roads). The Government indicates, however, that the vehicles it provides have not been renovated and it recognizes the difficulties it has in providing the financial resources necessary for the renovation and servicing of vehicles. The labour inspection secretariat is nevertheless looking at ways of resolving the problem, for example by outsourcing transport services.

With regard to material means and office equipment, the Government indicates that the labour inspection secretariat has purchased computers, printers and scanners for the use of inspection staff. The Committee notes the measures adopted to improve the working conditions of labour inspectors. The Committee requests the Government to continue providing information on any measures adopted to give full effect to Article 11 of the Convention.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee refers to its observation and requests the Government to supply further information on the following points.

Articles 3(1)(b), 5(a) and 14 of the Convention. Cooperation between the labour inspectorate and other public institutions. Prevention of occupational accidents and diseases. The Committee notes that the Ministry of Labour and Employment (MTE), the Higher Labour Tribunal, the Ministry of Health, the Ministry of Social Welfare, the Higher Council of Labour Justice and the Office of the Prosecutor-General of the Union signed a technical cooperation agreement on 3 May 2011 relating to occupational safety and health (OSH), covering the implementation of national programmes and actions for the prevention of occupational accidents and the strengthening of national OSH policy. The agreement provides, inter alia, for the establishment of an inter-institutional committee to propose, plan and follow up adopted programmes and actions; promote studies and investigations relating to the causes and consequences of occupational accidents; promote educational actions; and establish a common database and enter information. The initial period of validity of this agreement is 12 months from the date of signature but can be extended for the same period. The Committee requests the Government to provide information on the role assigned to OSH officers in the context of the measures laid down in the agreement. It further requests the Government to clarify whether the inter-institutional committee provided for in the agreement has been made operational and, if so, to send information on the activities undertaken in this context and their impact on the stated objective. The Committee further requests the Government to describe any interaction that exists between this committee and the Tripartite Occupational Safety and Health Commission set up pursuant to Inter-Ministerial Order MPS/MS/MTE No. 152 of 13 May 2008.

Articles 3(1)(a) and (b), 10, 16 and 21(e). Labour inspection staff and the effective discharge of the duties of the inspectorate. The Committee notes that the National Union of Labour Inspectors (SINAIT) alleges that the number of inspectors was insufficient, did not allow the effective discharge of inspection duties and made it impossible for enterprises to be inspected as often and as thoroughly as is necessary to ensure the effective application of the legislation. According to the trade union, in September 2010 the labour inspectorate had 2,942 inspectors to cover an economically active population of nearly 100 million workers spread over 5,561 municipalities.

The Committee notes that the Government recognizes that the number of inspectors in 2010 (3,068 in October) was insufficient and represented a decrease by comparison with 2007 (3,220) and that the reason for this is that the rate of replacement in the labour inspectorate in the recent past was less than the number of retirements and staff moves. It declares, however, that the reconstruction of the State’s capacity for action has been one of the most salient features of subsequent federal management. Nevertheless, it is essential to adopt a Bill to increase the number of posts, adding that the improvement and reform of the pay structure of the labour inspectorate pursuant to Act No. 11890/2008 is increasing professional prospects and attracting more and better qualified candidates to each competition, thereby opening the possibility of gradual growth and greater stability of the workforce in the years ahead.

The Committee also notes the statements in the Government’s report concerning the number of serving labour inspectors, which stood at 2,980 as at August 2012, and the information on the measures taken vis-à-vis the Ministry of Planning, Budgets and Management (MP) to fill labour inspector posts. It notes in particular that in April 2011 the MTE renewed its request to the MP for additional staff and that in August 2011 it requested approval for the entire reserve list of candidates who had been successful in competitions, beyond the number of vacant posts that were available. In September 2012, the Government was awaiting authorization to fill 629 vacancies. The Committee requests the Government to indicate whether any specific initiative is under way to increase the number of labour inspector posts in the budget. It also requests the Government to supply information on any measures taken with a view to ensuring that labour inspector posts that become vacant as a result of retirement and/or mobility of inspectors are filled at the equivalent rate, and also on any changes in the process for filling the 629 labour inspector posts which were vacant as at September 2012.

Reminding the Government of paragraph 174 of the General Survey of 2006 on labour inspection, the Committee would be grateful if the Government would provide up-to-date information on: (i) the number of labour inspectors and their geographical distribution; (ii) the distribution of activities and duties assigned to labour inspectors in both central and regional offices with respect to the inspection functions defined by Article 3(1) of the Convention; and (iii) the number and geographical distribution of workplaces liable to inspection and of the workers employed therein.

Article 6. Status and independence of labour inspectors. The SINAIT alleges that Article 6 of the Convention has been violated inasmuch as regional supervisor posts at the Ministry of Labour and Employment (MTE) are political appointments and there have been specific cases where the regional authorities have interfered in inspection activities.

The Government states that regional labour and employment supervisor posts are free appointments. Regional labour and employment departments (formerly regional labour offices) are under the direct authority of the Minister of State for Labour and are responsible for implementing, supervising and monitoring actions in the framework of public MTE policies, in accordance with Ordinance No. 153/2009 establishing the internal regulations of the Ministry. According to the Government, the reference by SINAIT to cases of interference by the regional authorities in inspection activities is apparently associated with the political nature of supervisor appointments. The Government also considers that SINAIT, should quote specific cases of interference, which would enable the facts to be investigated by the authorities concerned. It also points out that Decree No. 4552/2002 adopting the regulations of the labour inspectorate prohibits the MTE authorities from interfering in the performance of labour inspection duties or from undermining the impartiality of labour inspectors or their activities.

Article 11. Financial resources, material means and practical conditions for labour inspectors to ensure the effective discharge of their duties. The Committee notes that, according to SINAIT, more financial resources need to be allocated to labour inspection, particularly for the performance of inspection work in rural areas and the purchase of equipment for inspectors. Moreover, it is essential to improve conditions of work in decentralized units and to expand public services.

The Government points out that the main result of the increase in the inspection presence in the field is an increase in formalization of employment contracts. The mobility and capacity for action of the special groups have been boosted with the acquisition of modern communication and transport equipment. The budget allocation for these purposes tripled between 2008 and 2011 by comparison with the 2004–07 period. Substantial investment has also been made in improving technology and support tools for labour inspection, such as planning systems, databases and information and communication technology (ICT). The Government also highlights the methodology adopted in 2010 focusing on action based on tripartite and institutional social dialogue, the prevalence of planned inspections and teamwork, dissemination of good practices, exchange of experiences among labour inspectors and ongoing training for inspection staff. The Committee requests the Government to supply information on the transport facilities provided for labour inspectors for the performance of their duties and their geographical distribution. It would also be grateful if the Government would provide information on the accessibility of the inspection services and on any developments in the material resources made available to inspectors and any improvement in inspectors’ conditions of work in decentralized units.

Articles 20 and 21. Publication and communication of an annual report on the work of the labour inspection services. The Committee notes the inspection reports for 2009, 2010 and 2011, which were published in the Official Gazette and contain data on the numbers of inspectors, enterprises inspected, orders and prohibitions, and infringement reports. The Committee requests the Government to ensure that an annual report on the work of the inspection services containing the information required by Article 21(a)–(g) is published and sent to the Office within the deadlines laid down in Article 20. The Committee trusts that measures will be taken quickly to give full effect to these provisions of the Convention, so that the annual report constitutes an effective tool for evaluating and improving the operation of the labour inspection system.

Physical safety of labour inspectors. Referring to its previous comments relating to the circumstances in which labour inspectors are authorized to carry firearms, the Committee notes the Government’s statement that labour inspectors who submit requests to carry firearms, meet the requirements established in Ordinance No. 916/2011 and receive the approval of the Labour Inspection Secretariat will be authorized through a specific ordinance signed by the executive secretary to carry firearms on a federal basis. With a view to reinforcing controls over these procedures, the firearm control system (SISPAR), for management of data and control of the numbers of federal certificates for the possession of firearms, was established. The certificates established through Ordinance No. 916/2011 are only granted to serving labour inspectors. Currently there are 16 certificates held by a staff of 2,890 labour inspectors. The Committee requests the Government to keep the Office informed of cases in which inspectors may have been obliged to use their firearms.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s report received on 19 September 2012. It also notes the observations made by the National Union of Labour Inspectors (SINAIT) in a communication dated 1 September 2010 and the Government’s reply thereto. The Committee further notes the observations from the Health, Labour and Social Welfare Workers’ Union of the State of Rio de Janeiro (SINDSPREV/RJ) dated 5 March 2009, which were forwarded to the Government in a communication dated 14 April 2009.

Article 6 of the Convention. Psychological harassment of occupational safety and health (OSH) officers. The Committee notes the claim made by SINDSPREV/RJ that OSH officers are subjected to psychological harassment from the Labour Inspection Secretariat (SIT), to which they are hierarchically and technically subordinate. According to the trade union, the psychological aggression against these officers is instigated by the Director for Federal Inspection at the Ministry of Labour and involves the complicity of a small and strategic number of labour inspectors (labour auditors) who also engage in this practice under the director’s instructions and supervision. The union claims that the aim of discrimination at work and the abovementioned harassment of OSH officers is to make their work and position in the federal inspectorate untenable and superfluous. According to SINDSPREV/RJ, this practice takes the form of: (a) constant and systematic obstruction of the functional evaluation and remuneration of OSH officers specializing in labour inspection, which bars their entry to the grade of labour inspector (labour auditor), despite the fact that they have the same official credentials as doctors, engineers and social workers promoted to the grade of labour auditor in accordance with Act No. 10593/02; (b) the abolition of the main operational powers derived from the original Decree, which included the power of federal labour inspection officials to issue infringement notices; (c) discrimination by level of education, despite the fact that OSH officers have academic qualifications higher than those required for the post; (d) prevention of OSH officers from participating in national teams dealing with the prevention of forms of labour akin to slavery; (e) refusal to grant performance bonuses to OSH officers related to the collection of contributions and to inspections, despite favourable opinions from the Minister of Labour and Employment in this regard; (f) lack of recognition and constant denigration of the work done by OSH officers in other areas of labour inspection; (g) prohibition on including the special report on implementing measures, collection of contributions and suspension of activities in the federal labour inspection system; and (h) prohibition on including in the federal labour inspection system the inspection report on duties relating to the implementation by OSH officers of enforcement actions on the basis of a service order, even though these actions had received prior authorization. The Committee regrets that it must once again ask the Government to send without delay its comments regarding the observations of SINDSPREV/RJ.

Labour inspection and combating conditions of work akin to slavery. The Committee notes that, as regards the formation of new teams in the special mobile inspection group (GEFM), which is tasked with taking action against forced labour, as called for by SINAIT, the Government declares that such action does not depend solely on an increase in the number of labour inspectors but also on the profile of inspectors and their availability and interest in participating in such action. The Labour Inspection Secretariat (SIT) periodically consults the labour inspectors but only a small proportion of them volunteer to join the GEFM.

The Committee notes with interest that according to section 7 of Normative Instruction No. 91, issued by the SIT on 5 October 2011, inspections aimed at the elimination of conditions of work akin to slavery are conducted by the SIT through teams belonging to the GEFM or by inspection groups or teams organized within the regional labour and employment authorities (SRTE). The Committee requests the Government to include disaggregated statistical information, on inspections conducted during the period covered by its next report, by GEFM teams and inspection teams organized within the SRTE alike, aimed at the elimination of conditions of work akin to slavery (Article 21(d)), as well as on violations reported by inspectors in the course of inspection visits (mentioning the relevant provisions) and penalties imposed (Article 21(e)).

Labour inspection and elimination of child labour. The Committee notes the Government’s indication that the elimination of child labour constitutes the priority objective of a raft of public policies focusing on the promotion of human rights, social inclusion and equitable development. According to the Government, the increase in the number of inspections since 2006 is in contrast to the drop in the total number of children and young persons withdrawn from work over the same period. This stems from the increase in coverage and effectiveness of the inspectorate, combined with other actions to promote social values, and from the trend towards a reduction in child labour. However, a significant proportion of young persons between 5 and 14 years of age who work do so in private households, and this situation restricts intervention by inspectors, on account of the principle of inviolability of the home, apart from the fact that the application of legal enforcement instruments is restricted to employment relationships. The Committee requests the Government to provide disaggregated statistics on inspection visits aimed at combating child labour during the period covered by its next report (Article 21(d)) and also on violations reported by labour inspectors (indicating the relevant provisions) and penalties imposed (Article 21(e)).

Article 7(3). Adequate training for labour inspectors. The Committee notes that SINAIT is calling for an increase in the number of labour inspectors with specific training for actions designed to reduce the high accident rates and maintains that there is a need for ongoing training taking into account the specific features of the inspection function.

The Government refers to training activities for inspectors, including those relating to regulations concerning rural work, the health sector, the electricity sector, and confined spaces; OSH, the food programme for workers, analysis of occupational accidents; and recent regulations and labour inspection training in specific economic activities, such as the sugar and alcohol industry, the food and refrigeration industry and the transport sector. Information is also provided on subjects such as project management, public management applied to labour inspection, and the collation of inspection documents.

The Government also states that there are ongoing positive developments regarding inspection performance indicators in the field of OSH. In addition to direct results in inspected workplaces, an indirect effect of inspection is that workplaces that have not been inspected seek to improve working conditions and achieve conformity with the legislation, faced with the prospect of inspection. Furthermore, the analysis of serious and fatal accidents, which was introduced in 2001, makes it possible to identify the areas where priority action is required. The Government also mentions the setting up in 2008 of the “accident analysis and prevention reference system” (SIRENA), which provides for training for inspectors, collaboration between the public bodies involved and dissemination of information. It adds that the data must be analysed with caution and in the light of changes in standardization methods and the actual dynamics of the labour market. Rather than an exponential increase in the number of accidents, what is observable is an improvement in the system for the registration and identification of occupational accidents in the country. According to the Government, the number of accidents varies from one year to another, without any clear trend being visible, except for an increase that occurred in 2004. It also indicates that the growth in the economy and in employment in recent years may have an impact on occupational accident statistics.

The Committee notes with interest Ordinance No. 111 of 17 January 2011 of the Minister of State for Labour and Employment establishing the staff development policy for the Ministry of Labour and Employment and the extract from Normative Instruction No. 92 of 7 October 2011 issued by the SIT, which regulates the granting of training leave for labour inspection officials. It observes that the areas of knowledge which qualify for the granting of training leave, provided for by section 49 of Ordinance No. 111, include the elimination of labour akin to slavery, the elimination of child labour, and OSH. The Committee requests the Government to provide information on the number of labour inspectors who have received leave for training in these areas, the type of training (seminar, symposium, course, etc.) and its duration, and the training institution. It further requests the Government to continue to send information on the training activities organized specifically for labour inspectors in the area of OSH, and also on the impact of training on the performance of preventive duties, in accordance with Articles 3(1)(b) and 13 of the Convention.

Killing of labour inspectors and their driver in 2004; physical safety of inspectors. The Committee notes that SINAIT deplores the fact that the persons responsible for the killing of three labour inspectors and a driver from the Ministry of Labour in January 2004 have not been brought to trial. According to the information provided by the Government, the Federal Police and the Federal Public Prosecutor’s Office concluded the investigation in July 2004. Nine persons were charged with acting as sponsors, intermediaries or perpetrators. In December of that year, a judge ruled that eight of the nine accused should be brought before a public jury. It was decided that the remaining defendant was entitled, by virtue of his status of mayor, to be tried in a special tribunal. The countless appeals submitted to various bodies by the accused have been dismissed. In early November 2010, rulings were pending in relation to two appeals before the High Court of Justice in Brasilia. It was expected that once the case was returned to the court of origin a ruling would be handed down promptly. The Committee requests the Government to send information on the outcome of the proceedings instituted against the persons responsible for the killing of the three labour inspectors and driver from the Ministry of Labour.

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

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the communications from the Government received on 13 May 2009 in reply to the comments from the Single Confederation of Workers (CUT), on 27 August 2009 in reply to the comments from the Gaúcha Association of Labour Inspectors (AGITRA), on 8 December 2009 in reply to the comments from the Union of Workers for the Road Transport of Liquids and Gases, Oil Derivatives and Chemical Products of the State of Rio Grande Do Sul (SINDILIQUIDA/RS), and on 8 November 2010 in reply to the comment from the National Union of Labour Inspectors (SINAIT).

The Committee also notes the communication from the Health, Labour and Social Welfare Workers’ Union of the State of Rio de Janeiro (SINDISPREV/RJ) received by the ILO on 14 April 2009 and communicated to the Government on 11 May 2009; and also that of the Union of Workers in the Lumber, Civil Construction and Furniture Industries Altamira and Surrounding Region (SINTICMA) received at the ILO on 9 February 2010 and communicated to the Government on 12 April 2010. These comments largely relate to the lack of labour inspection staff and the inadequacy of the system of enforcement, particularly in cases of forced labour, in breach of Articles 17 and 18 of the Convention.

As the Government’s report received in September 2010 and its reply to the points raised by SINAIT are being translated at the ILO, they will be examined at the next meeting of the Committee. The Committee will also examine any comment that the Government may wish to make in relation to the points raised by SINDISPREV/RJ.

The Committee also refers to the Government’s previous report for the period from June 2006 to June 2008 and to the attached documentation, and draws the Government’s attention to the following points.

Articles 5 and 14 of the Convention. Cooperation between the labour inspectorate and other public institutions. Prevention of occupational accidents and diseases. The Committee notes with interest the setting up of a tripartite occupational safety and health committee pursuant to Inter-Ministerial Order MPS/MS/MTE No. 152 of 13 May 2008. It also notes with interest the planned signature of a draft agreement providing for the exchange of information between the Ministry of Social Welfare and the Ministry of Labour and Employment with regard to occupational accidents and diseases. The Committee hopes that the Government will continue to promote the establishment of inter-institutional cooperation with a view to preventing occupational accidents and diseases. It requests the Government to indicate whether the agreement providing for the exchange of information between the above ministries has been signed and, if so, to keep the Office informed of any developments in this sphere and also of any other measures taken for the same purpose.

Articles 10 and 16. Labour inspection staff. Planning of inspections. The Committee notes with interest that the labour inspection secretariat draws up a three-stage plan for inspection visits: analysis of the employment market, planning of lines of action designed to tackle fields of irregularities in the labour sphere and monitoring of implementation of the plan. It notes that, according to the Government, the increase of the number of labour auditors/controllers from 2,911 in June 2006 to 3,153 in June 2008 is still inadequate in view of the number of workers employed in workplaces liable to inspection. The Committee therefore urges the Government to continue its efforts to strengthen the labour inspection staff in order to fully implement the plan of inspections and requests it to continue to provide information on any developments in this respect.

Articles 17 and 18. Action taken further to reports of violations. In its comments, AGITRA refers to the small number of prosecutions instituted against employers who have committed violations, the statute of limitations on legal action having resulted in the lapse of a large number of cases of violations for various reasons (between 2003 and 2008 a total of 34,829 cases of violations were declared out of time by the regional labour directorate of Rio Grande do Sul alone). The Government rejects this allegation, declaring that these cases have been processed, and also points out that numerous measures have been taken to strengthen the system of legal prosecution, including through improved supervision of the inspection programmes of the regional directorates. Moreover, it announces measures aimed at the gathering of information on the operation of units responsible for the imposition of fines and the processing of appeals. The Committee also notes the adoption of Decree No. 809 of 20 March 2009 providing for the participation of the staff of directorates in the collective effort to speed up procedures for the prosecution of employers who have committed violations. The Committee requests the Government to indicate the progress made in the prosecution of violations during the next reporting period and in particular to provide statistics on violations reported, penalties imposed and the number of penalties enforced, referring to the legal provisions concerned.

Physical safety of labour inspectors. The Committee notes with satisfaction the Government’s rapid reaction to the murder of four members of the labour inspection staff on 28 January 2004 in issuing Circular No. 04/SIT/MTE of 3 February 2004 providing for coordination of labour inspection in rural areas with the assistance of the trade unions of the workers involved in the inspections with respect to evaluation of the risks faced by labour inspectors. Measures were also taken to ensure the systematic presence of the police authorities during inspections, including routine inspections, in cases that required it. The Committee hopes that the Government will continue to take all relevant measures relevant to the safe conduct of labour inspections. It wishes to emphasize that these measures should, however, enable labour inspectors to continue to fully discharge their educational and preventive role with regard to employers and workers so as to enlist the support of the latter for the economic and social objective of labour inspection. In this regard, the Committee wishes to express its reservations regarding whether inspectors should be given the right to carry weapons during inspection missions, even if this right is made subordinate to the requisite technical skill and psychological aptitude. The application of such a measure must be considered with extreme caution in order to ensure that the task of inspection is not confused with the duties of the police. While supporting the measures aimed at reinforcing the authority and security of inspectors, the Committee considers that the carrying of weapons should be limited only to those exceptional cases and circumstances in which other means are not available. The Committee requests the Government to clarify the circumstances in which labour auditors/controllers are authorized to carry weapons and to send in support of its reply relevant statistics such as the number of labour auditors concerned and the cases in which they have been obliged to make use of their weapons. The Committee also requests the Government to provide information on the impact of the measures taken to enhance the credibility of the labour inspectorate and also on the court action taken in relation to the perpetrators of the murders of January 2004.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s detailed report, the information replying in part to its previous comments and the documentation sent to the ILO on 31 October 2008. The Committee’s previous comments addressed issues raised by the Workers’ Union of the Road Transport of Liquids and Gases, Oil Derivatives and Chemical Products of the State of Rio Grande do Sul (SINDILIQUIDA/RS) in a communication accompanied by abundant documentation, received at the ILO on 29 August 2007 and forwarded to the Government on 11 September 2007.

The Committee also notes the comments from the Single Confederation of Workers (CUT) on the application of the Convention, received at the ILO on 16 September 2008 and forwarded to the Government on 22 September.

With regard to the comments by SINDILIQUIDA/RS, the Committee noted previously that they echoed those submitted by the Gaucha Association of Labour Inspectors (AGITRA) in 2004 on the ineffectiveness of prosecutions and penalties. According to these comments, Article 13, paragraph 1, and Articles 17 and 18 of the Convention are not applied as situations involving imminent and serious danger to workers are not remedied and the persons found to be in breach of the law are not sanctioned. Furthermore, no annual inspection report is published. In the view of the above organization, for labour inspection to be credible and efficient those breaking or failing to apply the law should be prosecuted rapidly and the penalties effectively applied. It adds that orders issued by labour inspectors are challenged before the courts, which are so slow in handing down decisions that the supervisory function is completely undermined. The organization reports situations in which workers were exposed to serious risks in the supply terminals of multinational companies, for which no real remedies have been applied. However, it did not provide the evidence in support of this allegation that it said was appended to the observation. It denounces as an incentive not to comply with the legislation the shelving in many cases of violations reported by the labour inspectorate and the consequent impunity of the offenders.

The organization urges the effective application of Article 21 of the Convention, the publication of statistics of the offences reported and the penalties applied, as well as transparent administrative and judicial procedures.

The Committee has already commented on the matters raised by the CUT, which concern various shortcomings in the labour inspection system (too many additional duties (Article 3, paragraph 2); lack of inspectors (Article 10); violence against inspectors; ineffectual system for the punishment of offences (Articles 17 and 18)).

Since the Government’s report arrived late, the Committee will examine it at its next session (2009) along with any further comments the Government may wish to send to the Office on the points raised by SINDILIQUIDA/RS in 2007 and the CUT in 2008.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the detailed report supplied by the Government and also the attached documentation. It also notes the information supplied by the Government in reply to comments made by the Gaúcha Association of Labour Inspectors (AGITRA) and by the Association of Labour Inspectors of Minas Gerais (AAFIT/MG) concerning the application of this Convention, received at the ILO on 2 April and 21 July 2004, respectively. The Committee also notes the comments on the application of the Convention made by the Union of Road Transport Workers (Liquids, Gas, Oil and Chemicals) of the State of Rio Grande do Sul (SINDILIQUIDA/RS), received at the ILO on 29 August 2007 and transmitted to the Government on 11 September 2007. These comments echo those submitted by the AGITRA in 2004, as regards the ineffectiveness of prosecutions and penalties. According to these comments, Article 13, paragraph 1, and Articles 17 and 18 of the Convention are not applied inasmuch as situations involving imminent and serious danger to workers are not rectified. Reported contraventions are not sufficiently penalized and the appeals procedure is excessively slow. The trade union also deplores the failure to publish an annual inspection report. It considers it important that statistics regarding contraventions and penalties are made known to the public. The Committee requests the Government to forward any comments which it considers relevant in reply to the points raised by the trade union, to enable the Committee to examine them at its next session.

1. Article 3 of the Convention. Compatibility of further duties entrusted to labour inspectors with their primary duties. According to the AAFIT/MG, labour inspectors are required to act as mediators in collective or individual negotiations in the context of labour relations. While acknowledging that these officials may be considered as being in the best position to assist the social partners in the development of the negotiations, the Committee draws the Government’s attention to the need to ensure that exercise of the role of mediator does not constitute an obstacle to the exercise of the main function of inspection, which is to enforce the legal provisions relating to conditions of work and the protection of workers and does not prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. It requests the Government to indicate the manner in which it is ensured that additional mediation duties and administrative duties assigned to inspectors do not obstruct, on account of the staff and the material resources required for this purpose, the performance by inspectors of duties which, by means of controls, advice and technical information to employers and workers, are designed to ensure compliance with the legislation on conditions of work and protection of workers (Article 3, paragraph 2).

2. Article 5. Cooperation and collaboration on labour inspection. The Committee notes the communication of the text of Ministerial Decree Portaria) No. 216 of 22 April 2005 establishing regional committees for collaboration between the regional labour offices and the trade unions and all bodies concerned with the discussion and preparation of an annual inspection plan and the evaluation of the results achieved. The Committee notes with interest that partial effect is thus given to this Article of the Convention and it would be grateful if the Government would supply information concerning the practical application of this Decree, especially on the number of committees established and the results of their work, and also indicate the steps taken or contemplated to promote collaboration between the inspection services and the employers or their organizations, in accordance with Article 5(b) of the Convention.

3. Articles 6 and 7. Ensuring the probity of labour inspection officials. Qualifications of inspectors. The Committee notes the information supplied by the Government concerning the activities of the Corregedoria – the body responsible for monitoring the probity of officials – in 2004, 2005 and up to August 2006. It notes, however, the claim made by the AAFIT/MG that the Government, in order to fill managerial posts within the labour inspectorate, is acting improperly by recruiting, on the basis of political criteria, temporary staff who do not possess the requisite technical skills, thereby promoting cronyism and the influence of political and economic interests. The organization deplores the fact that inspection visits are being entrusted to trainees. Noting the Government’s statement that the recruitment of managerial staff in the labour inspectorate is by means of competition, the Committee would be grateful if the Government would indicate how it is ensured firstly, that, in conformity with Article 6, the inspection staff is composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences and, secondly, that, in accordance with Article 7, paragraphs 1 and 2, labour inspectors are recruited with sole regard to their qualifications for the performance of their duties and are adequately trained.

4. Articles 10 and 16. Number of inspectors and coverage of economic sectors. With reference to the comments made by the AGITRA and the AAFIT/MG regarding the inadequate numbers of labour inspectors – which, they claim, is constantly decreasing as the economically active population increases, thereby causing a reduction in the frequency and quality of inspection visits – the Committee notes with interest the creation of 225 new inspectors’ posts in 2004 and the opening of competitions to fill 200 new posts between 2006 and 2007. The Committee would be grateful if the Government would supply information on changes in the numbers of inspectors and their geographical distribution, in relation to the geographical distribution of the industrial and commercial workplaces liable to inspection.

5. Article 11, paragraphs 1(a) and 2. With regard to the comments made by the AGITRA and the AAFIT/MG regarding the inadequacy of resources made available to the labour inspectors for the performance of their duties and the trifling nature of the allowances paid to them, the Committee notes with interest that daily allowances granted for inspection activities have been re-assessed by Decree No. 5.554 of 4 October 2005 and that inspectors are entitled to the free use, within their areas of jurisdiction, of public and private transport on presentation of their professional card. The Government is requested to send a copy of the said Decree, to supply information on the impact of its application on the number of inspection visits in workplaces far away from economic centres, and to indicate whether provision has been made for additional unforeseen expenses exceeding the official travel allowances to be reimbursed to inspectors.

6. Article 13. Preventive action with regard to occupational safety and health in hazardous work. The Committee notes Regulation No. 10 on plant and service safety in the electricity industry relating to the prevention of occupational risks in the production and electricity distribution sectors. The Committee would be grateful if the Government would supply information on the impact of the practical application of this regulation in terms of industrial accidents in the sector concerned, and indicate whether it is envisaged to adopt legislation aimed at substantially improving occupational safety and health in other high-risk sectors, such as construction and public works.

7. Articles 17 and 18. Action with regard to reports of contraventions and adequacy of penalties. According to the AGITRA, the system of prosecutions and the imposition of penalties is ineffective, since the cumbersome and opaque nature of administrative procedures results in impunity for the perpetrators. The AAFIT/MG, for its part, deplores the fact that the monitoring and enforcement powers exercised by inspectors have been replaced by negotiation with the employers. The Committee recalls that although Article 17, paragraph 1, establishes the principle of the immediate prosecution of persons responsible for contraventions, it must be left to the discretion of labour inspectors, under the terms of Article 17, paragraph 2, to give warning and advice instead of instituting or recommending proceedings. In this respect, decisions are based on criteria such as the nature of the contravention, the circumstances under which it is committed, the attitude of the person responsible with regard to his legal obligations, repeat offences, the consequences of the contravention and the risks that it entails, correct conduct or misconduct, the age of the enterprise, the resources of the employer, etc. Consequently, whenever an inspector considers that advice or warnings are no longer sufficient, he must have the power of recourse to legal proceedings provided for by paragraph 1. Also referring to its previous comments regarding the need for a system of dissuasive penalties which are applicable to those guilty of contraventions, the Committee notes the Government’s statement that the labour inspection secretariat has submitted several items of draft legislation for examination by the National Congress aimed at re-assessing the amount of penalties. It requests the Government to inform the ILO of the progress made with regard to these drafts and to supply copies of the final texts.

8. Articles 20 and 21. Annual reports. The Committee notes the information from the Federal Labour Inspection System (SFIT) published in the Official Journal on the work of the labour inspectorate for 2004 and 2005 and for January–May 2006, and also data concerning industrial accidents for 2004. The Committee reminds the Government of its obligation to ensure that an annual report on the work of the labour inspectorate is published and forwarded to the ILO in the form and according to the deadlines prescribed by Article 20 and that such a report should contain the required information on each of the subjects specified by Article 21. It hopes that measures will be taken quickly to give full effect to these provisions of the Convention and that the annual report will henceforth include information such as the number of workplaces liable to inspection and the number of workers employed in them, and also statistics of occupational diseases and industrial accidents, so that the report constitutes an effective tool for evaluating and improving the functioning of the labour inspection system.

9. Physical safety of labour inspectors. The AGITRA and the AAFIT/MG referred to the murder, on 28 January 2004, of three labour inspectors and a driver of the Ministry of Labour during an inspection to a rural establishment suspected of practising forced labour. The above organizations claim that this tragedy is not an isolated case. Rather, it illustrates the adverse working conditions imposed on labour inspectors, in which even their lives are at risk during inspections of certain establishments where their presence is not desired. Certain landowners are claimed to have a privileged relationship with the military police, while others are alleged to use private militia to protect their interests and conceal criminal activity. The Committee requests the Government to provide information on the investigations carried out and the legal proceedings initiated against those responsible for the murders referred to by the AGITRA and the AAFIT/MG. It requests it to indicate the measures taken to ensure that labour inspectors are protected by the police during inspections in certain industrial and commercial workplaces where their physical safety is not guaranteed.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee refers the Government to its observation and requests it to provide further information on the following matters.

Article 6 of the Convention. With reference to its earlier comments, the Committee notes that provisional measure No. 1915-1 of 29 July 1999 and the texts extending it have been replaced by Act No. 10.593 of 6 December 2002 organizing the career of labour inspector. It also notes that penalties were imposed on labour inspectors following enquiries into administrative irregularities. Also noting that further administrative procedures have been initiated against certain inspectors, at central and regional level, the Committee requests the Government to provide information on the results of the above inquiries and procedures.

Articles 17 and 18. With reference to its previous comments, the Committee notes that where breach of the provisions does not entail serious and imminent danger for the safety and health of workers, under the procedure involving agreement between the inspectorate and the employer, the labour inspector must monitor the remedial measures. Failure to remedy the breach entails referral to the Public Prosecutor for Labour, who will initiate the appropriate legal action. The Committee stresses in this connection, as it did in paragraph 263 of its General Survey of 1985 on Labour Inspection, that in order to ensure that penalties remain dissuasive, there should be some procedure whereby the rate of fines is periodically reviewed so that they continue to be a deterrent regardless of any monetary fluctuations.

Articles 20 and 21. With reference to its previous comments, the Committee notes the inspection reports for the years 2002 and 2003 and the data on industrial accidents for the period from 1996 to 2002. These reports, which are published in the Official Journal contain figures showing the number of labour inspectors, the number of workplaces inspected, the information and guidelines provided, the number of infringements reported and the number of fines imposed. The Committee would be grateful if the Government would ensure that an annual inspection report which also shows the number of establishments liable to inspection and the number of workers employed in them, statistics of inspection visits, occupational accidents and instances of occupational disease (Article 21(c), (d), (f) and (g)) is in future published regularly and sent to the ILO within the time limits prescribed by Article 20.

Prevention and supervision of occupational safety and health. With reference to its previous comments, the Committee notes with interest the information on the various activities carried out to ensure prevention and supervision of health and safety conditions at work. It notes in particular that priorities have been set on the basis of industrial accident indicators in the iron and steel sector, the food industry, the timber industry, mining, the textile industry and the water, sanitation and energy sectors, the Committee would be grateful if the Government would continue to provide information on supervisory activities in the abovementioned sectors and their impact in terms of developing occupational risk prevention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report and the information sent in reply to its previous comments, and the appended documentation. It notes in particular Act No. 10.593 of 6 December 2002 to reorganize the career of inspector of the national treasury (now "inspector of federal revenue") and to organize the career of inspector of social welfare and that of labour inspector, and Decree No. 4.552 of 27 December 2002 issuing new labour inspection regulations.

The Committee also takes note of the observations made by the National Association of Occupational Safety and Health Workers (ANAHST), the Gaucha Association of Labour Inspectors (AGITRA) and the Association of Labour Inspectors of Minas Gerais (AAFIT/MG) concerning the application of Convention No. 81, received at the Office on 7 January 2004, 2 April 2004 and 21 July 2004 respectively, and the information sent by the Government concerning the observations of the ANAHST.

According to the ANAHST, Act No. 10.593 of 2002 and Decree No. 4.552 discriminate against occupational health and safety workers and are inconsistent with Article 6 of the Convention. A technical notice from the Occupational Health and Safety Department of the Ministry of Labour and Employment, giving an opinion on the action that ought to be taken on the claims of the health and safety of workers, finds that the offending legislation does discriminate against these workers because the Act excludes them from the career of labour inspector and the Decree relieves them of duties conferred on them by the old labour inspection regulations and provides for a special occupational card to be issued for this category of workers. The same technical notice states that Decree No. 97.995 of 1989 (supplementing Decree No. 55.851 of 1965) established their integration in the federal labour inspection system as a labour inspection authority on a par with other inspection workers, and that as a consequence they received the same occupational identity card, the training required by law to carry out supervisory duties in the areas of occupational safety and health and labour legislation, and the same transport allowances as other inspection workers. Furthermore, in the Brazilian classification of occupations, their duties are defined according to the same criteria as those of labour inspectors. The technical notice concludes that their claims were warranted and that they should accordingly be covered by Act No. 10.593 of 2002 and recover the duties of which they were relieved by Decree No. 4.552 of 2002.

The Government takes the view that under Act No. 10.593 of 2002 the occupational safety and health workers were never treated as labour inspectors. Decree No. 97.995 of 1989 integrated them in the federal labour inspection system to carry out auxiliary inspection duties, and Decree No. 4.552 of 2002 issuing the new labour inspection regulations merely confirmed this. Furthermore, neither their posts nor the recruitment requirements were covered by the same rules as those for labour inspectors, and the fact that they received transport allowances and training does not alter the auxiliary nature of their duties. As to the Brazilian classification of occupations, the purpose of which is to provide a databank for public consultation and the preparation of labour market policies, it identifies and describes the occupations only roughly. As public employees, occupational safety and health workers are appointed by competition on the basis of their merits, and as labour inspectors have security of tenure. The Government considers that their claim to the career of labour inspector is utterly misplaced, but concedes that their claim to a pay increase could be legitimate and warrants examination.

AGITRA and the AAFIT/MG refer to the murder, on 28 January 2004, of three labour inspectors and a driver of the Ministry of Labour by a farmer in the context of an inspection in connection with forced labour. The Committee notes in this connection that there have been numerous demonstrations expressing indignation by representative organizations of employers and workers worldwide.

One of AGITRA’s objections is that the Brazilian Government has shown total lack of commitment to applying the law and providing labour inspectors with even minimum security for the performance of their duties. AGITRA alleges that the labour inspectorate suffers from heavy political interference aimed at preventing inspection: political authorities, who are likewise landowners, have close links with the military police, which protects their interests turning a blind eye to their actions. Furthermore, the labour inspection system is in the process of being dismantled, as reflected by:

(a)  a lack of effective cooperation between the labour inspection services and other government services and institutions, witness the murder of three labour inspectors and the Ministry of Labour driver (Article 5, paragraph (a));

(b)  the insufficient and constantly dwindling staff of the labour inspectorate despite a larger economically active population, and hence less frequent and less efficient inspections (Articles 10 and 16);

(c)  the precarious material resources of the labour inspectorate and the freeze on travel allowances for labour inspectors, who are reduced to paying for travel from their own pockets (Article 11, paragraph 2);

(d)  breach of the rule that labour inspectors are free to carry out inspections in workplaces liable to inspection (Article 12, paragraph 1(a));

(e)  a cumbersome and therefore inefficient system for legal action and a lack of transparency in the Ministry of Labour’s administrative proceedings, and also in the judicial system, allowing the perpetrators of violations to go unpunished (Articles 17 and 18).

The AAFIT/MG asserts that the murder of January 2004 is a reflection of the Government’s usual non-committal attitude towards officials responsible for enforcing legislation and other state employees, which is also evidenced by the lack of any investment in the public service for decades. According to the organization, a thorough reorganization of the labour inspectorate is urgently needed and there is a policy gradually to dismantle the labour inspectorate and its institutions. Policy-makers see the labour inspectorate as an obstacle to the implementation of political-economic projects and the country’s development. There is evidence that the inspectorate is being deliberately dismantled. Labour inspectors are confined to administrative work (Article 3, paragraph 2):

(a)  the Minister of Labour uses far too many interns instead of state workers and avoids organizing public competitions thus encouraging political clientelism and a deterioration in the working of institutions. Furthermore, management posts are ill-paid and managerial appointments in the labour inspectorate go for political reasons to persons outside the inspection system who frequently lack the necessary technical capacity, with negative administrative and operational implications (Article 6);

(b)  the number of labour inspectors and labour inspection support workers is highly inadequate (Article 10) and central planning of the inspectorate’s activities means that visiting cannot be scheduled more specifically to meet local needs (Article 16);

(c)  local inspection offices, particularly the Minas Gerais office, are ill-equipped and inadequate and often lack computers, telephones, and even the most basic furniture (tables, chairs) needed by inspectors to carry out their duties (Article 11, paragraph 1(a));

(d)  subsistence allowances for inspectors on mission outside their jurisdiction are absurdly low (Article 11, paragraph 2); and

(e)  labour inspectors’ duties increasingly involve negotiation to the detriment of supervision and the punishment of violations. All these factors, compounded by a shortage of staff, are conducive to infringements since employers are sure of going uninspected or, at worst, being given time to take remedial action, and in the end go unpunished. Furthermore, the interval between the reporting of an infringement and the start of  proceedings is so long that the latter become time-barred (Article 18).

The Committee notes that the Government provides in its report information on recent measures to improve the working of the inspectorate and the status and conditions of service and work of inspectors.

It would be grateful if the Government would provide any information or comments it deems useful on the objections raised by the two above organizations, together with any relevant legislative, regulatory, administrative or other relevant texts so that the Committee may examine them at the next appropriate session. It requests the Government to provide any information on the action taken in order to raise safety and health agents’ salaries.

Article 5. The Committee notes with interest that the secretariat of the labour inspectorate sent a circular in 2003 to the regional offices recommending closer links with the social partners and the public institutions with a view to inspection activities being planned on the basis of needs. Noting that pursuant to a decree of regional labour delegates providing for the creation of trade union advisory committees on the planning of supervisory activities, such committees have already been formed in almost all the regional offices, the Committee would be grateful if the Government would provide a copy of the abovementioned decree together with information on the subjects addressed in these committees.

Article 10. In its previous comments, the Committee noted that in March 2001 the total number of serving labour inspectors was 3,094 including 308 specialists in occupational medicine and 395 in engineering, in addition to 100 health and safety inspectors, and that the inspection staff was distributed according to the number of inhabitants in each of the 26 states and the federal district. It also noted the Government’s view that the staff of the inspectorate was too small in relation to the size of the country and the large population. It was not possible to hold the competition to recruit for the 100 or so vacant posts owing to financial difficulties which required measures to adjust public expenditure, as had occurred with the competition for new recruitment between 1999 and April 2000. On 14 September 1999, the Federal Tribunal issued a decision ordering implementation of a public competition held in 1994 in which some 700 applicants had been successful. The decision prevented the recruitment of new labour inspectors owing to the financial implications of training the successful applicants. The Committee notes that the obstacle to recruitment was nonetheless removed in June 2002, that the 2003 competition to fill 150 vacancies is under way and that 75 more vacancies should shortly be filled pursuant to a decision by the Ministry of Planning. Noting that, according to the inspection reports sent by the Government for the years 2002 and 2003 and the information in the Government’s report for 2004, the number of inspectors, which had declined significantly between 2001 and 2003, has increased appreciably in 2004 and is at a level comparable to that of 2001, the Committee requests the Government to account for this recent change in trend, as the figures appear to suggest that the recruitment measures have been implemented successfully.

Articles 13 and 16. With reference to its previous comments, the Committee notes with satisfaction that inspections focusing on occupational safety and health have been conducted in the CEPISA electricity company where a number of irregularities liable to cause serious or fatal accidents have been remedied following the labour inspectors’ injunctions. It further notes that the Occupational Safety and Health Department has embarked, in consultation with the social partners, on a review of Regulation No. 10 on electricity installations and services. Since, according to the Government, this text marks an important development in the regulation of preventive measures for occupational risks in the electricity production and supply sector, the Committee would be grateful if the Government would provide a copy of it once it has been adopted.

Labour inspection and forced labour. With reference to its previous comments, the Committee notes with interest the information provided by the Government on measures to combat child labour, including: the partnership with several institutions and bodies; monitoring of supervisory operations by the Public Prosecutor for Labour (as from 2001) and the Federal Public Prosecutor (as from 2003); the launching in 2003 of the National Plan to Eliminate Forced Labour; the creation, in 2003, of the National Committee to Eliminate Forced Labour (CONATRAE) to replace GERTRAF; the list, compiled by the labour inspection secretariat, of the names of landowners/employers who have committed more than one offence in the area of forced labour, whose publication in the media has enabled public institutions to restrict their access to credit, allowances and social benefits; training on forced labour for labour inspectors, other public employees and the social partners; the mobile inspection handbook produced by the Special Mobile Inspection Unit (GEFM) and the creation of a databank. The Committee also notes the information that, thanks to the GEFM, the number of workers released from forced labour increased between 2001 and 2003 and that decentralization is under way to allow the regional labour offices, particularly those in the localities concerned, to tackle forced labour directly. The Committee would be grateful if the Government would continue to provide figures concerning the activities of the labour inspectorate to combat forced labour, and on their results.

Labour inspection and child labour. With reference to its previous comments, the Committee notes with interest that a card of indicators of labour by children and young persons has been produced and published; a list of the worst forms of child labour has been drawn up; data and information have been sent to the Ministry of Protection and Social Assistance with a view to the grant of scholarships on a priority basis to children and young persons engaged in activities considered to be among the worst forms of child labour; an order (Instrução normativa No. 1 of 23 March) has been drafted and published to prescribe the procedure to be followed by labour inspectors in coping with child labour in the formal and informal economies and in the family; a decree has been adopted on activities and premises that are unhealthy and unsafe for minors; GECTIPAS has been given the necessary computer tools for planning, recording and monitoring supervisory activities; cooperation agreements (termos de compromisso) have been signed between the Ministry of Labour and Employment and the ABRINQ foundation for the rights of children and young persons, with production companies, for implementation of activities to prevent and eliminate child labour and to protect adolescent workers; a technical cooperation agreement has been signed by the Ministry of Labour and the Ministry of Welfare and Social Assistance, on joint action for the execution, monitoring, evaluation and publication of data on activities conducted under the Child Labour Eradication Programme (PETI); a cooperation agreement has been signed with the Ministry of Health for joint activities in the area of occupational safety and health; a technical cooperation teaching programme "Teaching workers of the future" is being implemented with municipal education secretariats to train teachers and provide material and includes training activities for children and young persons; activities have been undertaken by the Inter-ministerial Committee to Combat Violence and the Sexual Exploitation of Children and Young Persons, with participation by the labour inspection secretariat and in cooperation with the police, with medical supervision in establishments suspected of such sexual exploitation of children and young persons.

The Committee would be grateful if the Government would ensure that figures on the supervisory activities related to combating child labour and the results of such activities are included in the annual inspection report in future.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

With reference to its observation and further to its previous comments, the Committee would be grateful if the Government would provide further information on the following points.

Article 6 of the Convention. The Committee notes that under provisional measure No. 1915-1 of 29 July 1999 extended by provisional measure No. 2093-24 of 19 April 2001, labour inspectors have their own regulations and the same conditions of pay as tax inspectors. The Committee requests the Government to provide information on the adoption of final measures and to indicate at all events how it plans to provide labour inspectors, on a permanent basis, with a status and conditions of service consistent with those prescribed in this provision of the Convention. It also asks the Government to provide information on the results of the investigation into allegations of connivance, corruption and extortion on the part of labour inspectors in charge of enforcing occupational safety standards.

Article 10. The Government states that in March 2001 the total number of serving labour inspectors was 3,094 including 308 specialists in occupational medicine and 395 in engineering, in addition to 100 health and safety inspectors, and that the inspection staff was distributed according to the number of inhabitants in each of the 26 states and the Federal District. In the Government’s view, the staff of the inspectorate is too small in view of the size of the country and the large population, but it was not possible to hold the competition to recruit for the 100 or so vacant posts owing to financial difficulties which required measures to adjust public expenditure, one of which was to bar the competition to recruit new public servants between 1999 and April 2000. Furthermore, the Federal Supreme Court issued a decision ordering implementation of a public competition opened in 1994 in which some 700 applicants were successful, which prevented the recruitment of new labour inspectors owing to the financial implications of training the successful applicants. The Committee hopes that the difficulties referred to by the Government will be shortly overcome and that the Government will be in a position to report on the resumption of the recruitment and training of labour inspectors in the interests of the effective discharge of the duties of the inspectorate.

Articles 13 and 16. According to a report from the regional labour delegation of the State of Piauí sent to the ILO at the request of the Union of Workers of the Urban Industries of the State of Piauí (SINTPI), a large number of workers of CEPISA, an electricity company, and other service companies in the sector have died as a result of occupational accidents. The Committee would be grateful if the Government would take the necessary steps to direct the supervisory activities of the competent inspection services towards investigating the risk factors responsible for these accidents and exploring the means to eliminate them, and to send relevant information to the ILO.

Articles 17, paragraph 2, and 18. The Committee notes the Instruçao normativa intersectorial No. 13, of 6 July 1999, instituting a procedure, educational in intent, to involve employers in determining a programme of relevant measures to remedy recurrent breach of provisions of the labour law other than in instances of serious and imminent danger to workers. With reference to its previous observation in which it stressed the need to apply the penalties established by law for infringements of the labour legislation, the Committee requests the Government to provide copies of the texts pertaining to the relevant penalties and to send information on how it is ensured, in practice, that employers failing to comply with measures taken under the above Instruçao normativa intersectorial are penalized in accordance with the law.

Articles 20 and 21. The Committee notes the tables showing the activities of the inspection services from 1999 to 2001, and the occupational accident statistics for the same period. It reminds the Government of the obligation imposed by these provisions of the Convention, and asks it to take measures to ensure that an annual general report on the work of the inspection services under its control is published by the central inspection authority and sent to the ILO.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the Government’s detailed report containing replies to its previous comments and of the appended documentation. Further to its previous comments, it notes with interest that pursuant to Decree No. 3.129 of 9 August 1999, a body (Corregedoria) has been set up in the Ministry of Labour to be responsible for the probity of public employees.

1. Prevention and supervision in occupational safety and health. The Committee notes from the information sent that strategies are in place to reduce occupational accidents and instances of occupational disease through the extension of supervisory activities, first and foremost to the inspection of sectors and work premises where risk levels are highest; educational measures; the training of technical staff; and the involvement of various administrative and non-governmental bodies. According to the Government, the measures include the revision and dissemination of the legislation and the development of information technologies and the training of labour supervisors, as well as the development of specific training activities for trade union organizations. The Committee would be grateful if the Government could continue to provide information in this regard, indicating the impact of the abovementioned strategy in sectors particularly exposed to risks of industrial accidents such as the construction sector, and the marble, granite and limestone industry of the State of Spirito Santo.

2. Labour inspection and child labour. The Committee notes with interest the information on the activities carried out by the child labour and young workers’ protection task forces. It notes that, thanks to the action of these task forces, which are composed solely of labour inspectors and work in liaison with the body responsible for coordinating special labour inspection projects, indicators on child and adolescent labour have been devised which can also be used in the informal sector. The Committee further notes Order No. 07 and Instruction No. 01 of 23 March 2000, concerning the creation of the child labour and young workers’ protection task forces (GECTIPA) which have a computer support system (ACTI) the main functions of which are: information dissemination; situation diagnosis; activity planning and evaluation; and the production of statistical tables and graphics. The Committee notes that, as part of the implementation of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), a tripartite committee has been established to draw up a list of types of work that are potentially dangerous for the physical and mental health and the safety of children, with a view to classifying the worst forms of child labour. The Committee also notes that, in the same context, Ordinance No. 06 of 5 February 2001 has been adopted, dealing with premises and jobs which are insalubrious for persons of less than 18 years of age. The Committee would be grateful if the Government would continue to provide information on the activities of the inspectorate aimed at eliminating child labour.

3. Labour inspection and forced labour. Noting the information that the regional coordination bodies of the special mobile inspection group which report to the labour inspection services play an important role in combating forced labour, the Committee would be grateful if the Government could provide information on the results of the latter’s activities.

The Committee is also addressing a request directly to the Government in which it raises other matters.

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

Referring also to its observation on the Convention further to the information supplied by the Government in reply to the comments of the Union of Workers in the Marble, Granite and Limestone Industry in the state of Espírito Santo (SINDIMARMORE) and those made by the Democratic Federation of Workers in the Footwear Industry of the state of Rio Grande do Sul, the Committee hopes that the Government will supply in its next report the information asked for in its 1999 direct request on the following points.

1.  Article 2(1) of the Convention.  Scope of the system of labour inspection.  The Committee notes the indication in the Government’s report that in Brazil the federal labour inspection system is designed to cover all sectors involving an employment relationship, without exception for any type of enterprise. The Committee recalls that in its previous comments it asked the Government to indicate measures undertaken or envisaged in order to establish adequate inspection structures in the fishing sector and to provide particulars on the work of the labour inspection in this field. The Committee notes that the latest Government’s report provides no information in this respect. The Committee trusts that the Government will provide such information in its next report.

2.  Article 6.  Status and conditions of service of the inspection staff.  In its previous comments the Committee noted the indication of the Government that a commission was established to verify the alleged facts of connivance, corruption and extortion within the inspection activities in the area of the enforcement of standards of safety at work as well as the existence of an illegal system of protection and immunity against inspection of those enterprises that hire professionals connected with the inspection authorities and that the Government would inform about its conclusions. Noting that the Government provides no information in this regard, the Committee trusts that the Government will provide such information in its next report.

The Committee also notes the Government’s indication that within the framework of the state reform a bill is currently under consideration in the National Congress which would make labour inspection a full state activity to be undertaken exclusively by civil servants providing them with the prerogatives necessary for carrying out their duty with the usual immunity and with impartiality. Recalling also that in previous comments the Committee had noted in the observations communicated by a certain number of trade unions that proposals to improve the system of labour inspection had been submitted. The Committee requests the Government to provide information on any progress made in this respect and to supply a copy of the provisions when adopted.

3.  Article 7(3).  Adequate training for the performance of inspectors’ duties.  The Committee notes the indication in the report that the labour inspectorate in Brazil possesses a national training system established by Order No. 3.017 of 30 January 1987 as amended by Order No. 1.006 of 5 October 1995, with the aim of training, improving and raising the level of skills of the labour inspectors through specific courses, including basic training of new entrants to the inspectorate. The Committee further notes the information on the various training courses conducted within the national training system as mentioned in the report of the Ministry of Labour and Employment for the period 1995-98. The Committee asks the Government to continue to provide information in this respect.

4.  Article 8.  Women inspectors.  The Committee notes the indication in the report that given the principle of impartiality which governs Brazilian public administration and Brazil’s ratification of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), there is no discrimination on any of the grounds mentioned in that Convention with respect to entry into the cadre of labour inspectors. The Committee asks the Government to indicate the number of women officers of the labour inspectorate and whether any special duties have been assigned to them.

5.  Article 10.  Number of labour inspectors.  The Committee notes the indication in the report that as of December 1998 the total number of officers of the labour inspectorate was 3,200 including 2,398 inspectors. The Committee asks the Government to indicate whether it considers this number as sufficient to secure the effective discharge of the duties of the inspectorate and whether any measures are contemplated to increase the number of inspectors in the future.

6.  Articles 20 and 21.  Annual reports.  The Committee notes a comprehensive report on the activities of the Secretariat for Occupational Safety and Health (SSST) for the period 1995-98, the report of the Ministry of Labour and Employment for the period 1995-98 as well as statistical information of the Secretariat for Labour Inspection (SEFIT) for 1997 and 1998, published in the Diario Oficial on 6 March 1998 and 4 March 1999 respectively. The Committee trusts that in the future the Government will transmit such reports on an annual basis as required under Article 20, containing the information on the subjects listed in Article 21.

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

The Committee notes the report from the Government in reply to the comment made by the Union of Workers in the Marble, Granite and Limestone Industry in the state of Espírito Santo (SINDIMARMORE) of 16 November 1999 as well as the documents describing the inquiry undertaken at the scene of the fatal occupational accident, which was the subject of a previous comment from the same organization. The Committee also notes the information supplied by the Government in reply to a further comment from the Democratic Federation of Workers in the Footwear Industry of the state of Rio Grande do Sul concerning the measures taken further to the comment submitted jointly by this trade union on the subject of working conditions in undertakings in that sector.

The Committee notes that, according to the indications supplied by the Government, there has been a substantial increase in the number of extraction and associated undertakings in the state of Espírito Santo. Products processed by a thousand undertakings employing some 13,000 workers account for 80 per cent of national exports of these products, according to economic indicators. According to the Government, the profits thus generated are considerable and this activity is likely to undergo rapid expansion. It admits, however, that unfortunately this rapid development is leading to a steep increase in the number of industrial accidents and occupational diseases associated with exposure to dust, particularly silica. Inappropriate working methods explain the dangerous nature of the extraction activities and the handling of sharp materials. The conclusions of the rapporteur of the inquiry concerning the fatal accident that was the subject of SINDIMARMORE comments indicate that the frequency of industrial accidents is due, in most of the marble and granite extraction enterprises, to the obvious lack of training of workers and of information on the risks inherent in the work. The Committee hopes that his comment will arouse the attention of the Government and of the social partners concerned, particularly the employers’ organizations of the enterprises in question. Indeed, it confirms the generally accepted idea for the need, on the one hand, of training for particularly exposed workers focused on awareness and identification of the risks inherent in certain activities and, on the other hand, to provide continuously updated information on the means and techniques for preventing these risks. Noting that the Government underscores the particularly lucrative nature of the abovementioned extraction activities, the Committee trusts that the latter will ensure that a reasonable part of the resulting income can be used to develop the occupational safety and health machinery for workers involved in it. In this regard, the cooperation of employers’ and workers’ organizations could be of immense value.

The Committee notes that, according to SINDIMARMORE of the State of Espírito Santo, nine workers died as the result of industrial accidents during 1999 in enterprises of the abovementioned mining sector. Noting, furthermore, the fatal industrial accident from an explosion which occurred in 1995 of a young 18‑year old worker, the union indicates that no investigation has been carried out to elucidate the circumstances. First, it regrets that the competent regional labour office does not deem it necessary to order provisional closure of enterprises violating safety and hygiene measures until the latter have been brought into conformity; secondly, it denounces the ineffectiveness of court proceedings and fines which it alleges are not even applied. In this regard, the Committee wishes to draw the Government’s attention to the fact that under Article 13, paragraph 2(b), of the Convention, labour inspectors should be empowered to order or initiate orders that measures with immediate executory force be carried out in the event of imminent danger to the health or safety of workers and, where this procedure is not compatible with the administrative practice of the country, inspectors should, in conformity with Article 13(3), have the right to apply to the competent authority for the issue of orders or the initiation of measures with immediate executory force. The Committee, furthermore, would highlight Article 18 under which adequate penalties for violation of the legal provisions enforceable by labour inspectors shall be provided for by national laws or regulations and effectively enforced. In this context, the Committee emphasizes that fines, for example, should be sufficiently high to be dissuasive and that procedures for their execution should be speedy. The Committee would be grateful if the Government would indicate the measures taken or envisaged to give effect to the abovementioned provisions of the Convention, both in the sectors referred to by the abovementioned trade union organizations and in the other economic sectors covered by labour inspection.

Referring also to its 1999 observation on the Convention, the Committee hopes that the Government will not fail to supply the information requested under the following points.

Article 3(1)(a), and Article 16 of the Convention. Functions of the system of labour inspection; adequate frequency and thoroughness of inspection visits.

(a)  Application of the provisions to combat child labour and forced labour.  The Committee notes with interest the Constitutional Amendment No. 20, dated 15 December 1998, which increased the minimum age of admission to work from 14 to 16 years, except for apprentices who can be admitted to work as from 14 years. It also notes the Government’s indication that cells to combat child labour and protect adolescent workers, which include inspectors, elaborated a preliminary assessment on child and adolescent work which identified 75 activities exercised by children and adolescents. On that basis the inspection teams have selected areas where child labour is most critical with the aim of reinforcing inspection activities. The assessment was updated in 1997-98 on the basis of the data collected by the inspection teams. In relation to activities to combat forced labour the Committee notes the indication that the Executive Group for the Repression of Forced Labour (GERTRAF) operating through mobile inspections has given results, in particular through joint efforts of the federal police with the labour prosecutors. The Committee hopes that the Government will continue to supply information on the activities of the labour inspection to combat child and forced labour and on the progress achieved.

(b)  Application of the legal provisions relating to occupational safety and health.  With regard to the implementation of the National Programme to Combat Occupational Accidents and Disease, the Committee notes that in 1997 the number of accidents (369,065 cases) and that of occupational diseases (29,707 cases) has decreased by 6.67 per cent and 14.85 per cent respectively as compared to 1996. The Committee further notes the Government’s information that in 1998 the number of inspections relating to health and safety at work rose by 14.31 per cent as compared with 1997. The Government also states that the policy of prioritizing inspections in health and safety at work led the inspectors to visit the highest risk establishments which led to an increase of 247.61 per cent in the number of embargo orders (embargos) and of 71.95 per cent in the number of cases of prohibition to entry (interdições). In relation to the construction sector, which was made, in 1998, a national priority for labour inspection given the high occupational accident rates, in 1998 the number of embargo orders (10,640 cases) and that of prohibition to entry (6,455 cases) increased by 267.28 per cent and 93.55 per cent respectively as compared to 1997.

The Committee hopes that the Government will continue to supply information on the progress made in reducing the number of industrial accidents and occupational diseases through increased and focused inspection in the field of safety and health in workplaces, in particular in the marble, granite and limestone industry of the State of Espírito Santo.

The Committee, also draws the Government’s attention to the requests it has addressed to it directly and thereby asks it to supply the information requested on the application of Articles 2(1), 6, 7(3), 8, 10, 20 and 21 of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Referring also to its observation under the Convention, the Committee requests the Government to provide further information on the following points:

1. Article 2, paragraph 1, of the Convention. Scope of the system of labour inspection. The Committee notes the indication in the Government's report that in Brazil the federal labour inspection system is designed to cover all sectors involving an employment relationship, without exception for any type of enterprise. The Committee recalls that in its previous comments it asked the Government to indicate measures undertaken or envisaged in order to establish adequate inspection structures in the fishing sector and to provide particulars on the work of the labour inspection in this field. The Committee notes that the latest Government's report provides no information in this respect. The Committee trusts that the Government will provide such information in its next report.

2. Article 6. Status and conditions of service of the inspection staff. In its previous comments the Committee noted the indication of the Government that a commission was established to verify the alleged facts of connivance, corruption and extortion within the inspection activities in the area of the enforcement of standards of safety at work as well as the existence of an illegal system of protection and immunity against inspection of those enterprises that hire professionals connected with the inspection authorities and that the Government would inform about its conclusions. Noting that the Government provides no information in this regard, the Committee trusts that the Government will provide such information in its next report.

The Committee also notes the Government's indication that within the framework of the state reform a bill is currently under consideration in the National Congress which would make labour inspection a full state activity to be undertaken exclusively by civil servants providing them with the prerogatives necessary for carrying out their duty with the usual immunity and with impartiality. Recalling also that in previous comments the Committee had noted in the observations communicated by a certain number of trade unions that proposals to improve the system of labour inspection had been submitted. The Committee requests the Government to provide information on any progress made in this respect and to supply a copy of the provisions when adopted.

3. Article 7, paragraph 3. Adequate training for the performance of inspector's duties. The Committee notes the indication in the report that the labour inspectorate in Brazil possesses a national training system established by Order No. 3.017 of 30 January 1987 as amended by Order No. 1.006 of 5 October 1995, with the aim of training, improving and raising the level of skills of the labour inspectors through specific courses, including basic training of new entrants to the inspectorate. The Committee further notes the information on the various training courses conducted within the national training system as mentioned in the report of the Ministry of Labour and Employment for the period 1995-98. The Committee asks the Government to continue to provide information in this respect.

4. Article 8. Women inspectors. The Committee notes the indication in the report that given the principle of impartiality which governs Brazilian public administration and Brazil's ratification of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), there is no discrimination on any of the grounds mentioned in that Convention with respect to entry into the cadre of labour inspectors. The Committee asks the Government to indicate the number of women officers of the labour inspectorate and whether any special duties have been assigned to them.

5. Article 10. Number of labour inspectors. The Committee notes the indication in the report that as of December 1998 the total number of officers of the labour inspectorate was 3,200 including 2,398 inspectors. The Committee asks the Government to indicate whether it considers this number as sufficient to secure the effective discharge of the duties of the inspectorate and whether any measures are contemplated to increase the number of inspectors in the future.

6. Articles 20 and 21. Annual reports. The Committee notes a comprehensive report on the activities of the Secretariat for Occupational Safety and Health (SSST) for the period 1995-98, the report of the Ministry of Labour and Employment for the period 1995-98 as well as statistical information of the Secretariat for Labour Inspection (SEFIT) for 1997 and 1998, published in the Diario Oficial on 6 March 1998 and 4 March 1999 respectively. The Committee trusts that in the future the Government will transmit such reports on an annual basis as required under Article 20, containing the information on the subjects listed in Article 21.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with interest the detailed information provided by the Government in its comprehensive report as well as the annexed documents. It also notes the observations by the Union of Workers of Marble, Granite and Limestone Industry in the State of Espírito Santo (SINDIMARMORE) and the Government's response to these comments.

1. Article 3, paragraph 1(a), and Article 16 of the Convention. Functions of the system of labour inspection; adequate frequency and thoroughness of inspection visits.

(a) Application of the provisions to combat child labour and forced labour. The Committee notes the Constitutional Amendment No. 20, dated 15 December 1998, which increased the minimum age of admission to work from 14 to 16 years, except for apprentices who can be admitted to work as from 14 years. It also notes the Government's indication that Cells to Combat Child Labour and Protect Adolescent Workers, which include inspectors, elaborated a Preliminary Assessment on Child and Adolescent Work which identified 75 activities exercised by children and adolescents. On that basis the inspection teams have selected areas where child labour is most critical with the aim of reinforcing inspection activities. The assessment was updated in 1997-98 on the basis of the data collected by the inspection teams. In relation to activities to combat forced labour the Committee notes the indication that the Executive Group for the Repression of Forced Labour (GERTRAF) operating through mobile inspections has given fruitful results, in particular through joint efforts of the federal police with the labour prosecutors. The Committee hopes that the Government will continue to supply information on the activities of the labour inspection to combat child and forced labour and on the progress achieved.

(b) Application of the legal provisions relating to occupational safety and health. With regard to the implementation of the National Programme to Combat Occupational Accidents and Disease the Committee notes that in 1997 the number of accidents (369,065 cases) and that of occupational diseases (29,707 cases) has decreased by 6.67 per cent and 14.85 per cent respectively as compared to 1996. The Committee further notes the Government's information that in 1998 the number of inspections relating to health and safety at work rose by 14.31 per cent as compared with 1997. The Government also states that the policy of prioritizing inspections in health and safety at work led the inspectors to visit the highest risk establishments which led to an increase of 247.61 per cent in the number of embargo orders (embargos) and of 71.95 per cent in the number of cases of prohibition to entry (interdiçoes). In relation to the construction sector, which was made, in 1998, a national priority for labour inspection given the high occupational accident rates, in 1998 the number of embargo orders (10,640 cases) and that of prohibition to entry (6,455 cases) increased by 267.28 per cent and 93.55 per cent respectively as compared to 1997.

The Committee hopes that the Government will continue to supply information on the progress made in reducing the number of industrial accidents and occupational diseases through increased and focused inspection in the field of safety and health in workplaces, in particular in the marble, granite and limestone industry of the State of Espírito Santo.

The Committee addresses a direct request to the Government in relation to the application of Article 2, paragraph 1; Article 6; Article 7, paragraph 3; Articles 8; 10; 20 and 21 of the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Referring also to its observation under the Convention, the Committee requests the Government to provide further information on a certain number of points.

1. Article 2, paragraph 1, of the Convention. Scope of the system of labour inspection. The Committee recalls its comments made in 1996 under the Occupational Safety and Health Convention, 1981 (No. 155), in connection with the observations made by the Colonia de Pescadores Empregados e Artesanais de Angra dos Reis reporting employment accidents that have resulted in the death of fishermen. The Committee asks the Government to indicate measures undertaken or envisaged in order to establish adequate inspection structures in the fishing sector and to provide particulars on the work of the labour inspection in this field.

2. Article 6. Status and conditions of service of the inspection staff. The Committee asks the Government to indicate whether the national legislation prohibits public officials in general and the officials of the labour inspection in particular from performing in addition to their official duties any other services for remuneration and, if so, what penalties are prescribed for the violation of such prohibition, what is the procedure for its enforcement and whether there have been any cases of conviction of officials of labour inspection for connivance, corruption or extortion. The Committee also asks the Government to provide information on the average annual salary of labour inspectors in comparison with the average annual salary of government employees and the average annual wage in Brazil.

3. Article 9. Association of technical experts and specialists in the work of inspection. The Committee notes the indication in the observations communicated by the Trade Union of Alimentation Industries Workers of Jundiaí, Cajamar, Campo Limpo Paulista, Louviera, Itupeva, V reza Paulista and Vinhedo that trade unions submitted proposals for the modification of the system of labour inspection, including the transformation of the five existing categories of officials of the labour inspection (labour inspectors, labour doctors, engineers, social assistants and officials of hygiene and safety) into three categories: inspectors (absorbing officials of hygiene and safety and social assistants), doctors and engineers. Taking into consideration that the broadening of the participation of employers and workers in building a more efficient action model was placed among the guidelines of the National Programme to Combat Occupational Accidents and Disease, the Committee would be grateful if the Government could provide its comments on these proposals.

4. Article 15, paragraph (a). Prohibition from having any direct or indirect interest in the undertakings under supervision. The Committee asks the Government to provide information on the practical application of Article 15, paragraph (a), of the Convention, and, in particular, on the criteria and the procedure for its enforcement.

5. Article 18. Adequate penalties and their effective enforcement. The Committee notes the allegations in the observations by the trade unions that in case of industrial accidents owners of the enterprises often are not prosecuted and all payments are made at the expense of the system of social security. The Committee asks the Government to provide its comments on these allegations.

6. Articles 20 and 21. Annual reports. The Committee notes the Annual Report on the work of the labour inspection in the area of safety and health which includes, inter alia, statistics of industrial accidents and occupational diseases for 1994-96. The Committee asks the Government to indicate whether it was officially published and what is the procedure for access to such report by an interested party. The Committee also hopes that the Government will transmit to the ILO the latest annual general report.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

With reference to its previous comments, the Committee notes the information about the system of inspection and penalties in the area of occupational safety and health in Brazil, provided by the Secretariat for Occupational Safety and Health (SSST) of the Ministry of Labour, the Annual Report on the work of labour inspection in the area of safety and health, as well as the response of the Government to the observations communicated by the Trade Union of Alimentation Industries Workers of Jundiaí, Cajamar, Campo Limpo Paulista, Louviera, Itupeva, Váreza Paulista and Vinhedo.

1. Article 3, subparagraph 1(a), of the Convention. (a) Application of the legal provisions relating to safety and health. In its previous comments the Committee noted the observations communicated by several trade unions alleging the lack of efficiency of the labour inspection concerning the application of the provisions on safety and health at work. In support of their allegations, the trade unions referred, inter alia, to reports indicating that the number of accidents increased by 26.78 per cent in 1995 as compared to 1994 and that according to an estimate by doctors and experts specializing in accidents, the enterprises are responsible for 70 per cent of the accidents. The Committee notes the information and statistical data provided by the Government in a report by the SSST. These data show an average of more than 433,474 occupational accidents between 1992 and 1996, with a death rate (number of fatal accidents per 100,000 workers) having increased 75 per cent in 1994 and fatality rate (number of deaths per 1,000 accidents) having doubled from 1992 to 1996.

As concerns occupational diseases, the increase of recorded cases was found to be sevenfold by comparison between data from 1990 (5,217) and 1996 (34,889). The Committee notes the statement by the SSST that "the analysis gives a worrying picture" and that "from indicators of benefits paid for occupational accidents and diseases the situation is clearly unacceptable ...". The epidemiological analysis of these data enabled the SSST to identify the economic activities with the most worrying figures: mining industry; forestry; forestry exploration; construction and conversion industries; transport, storage and communication, electricity, water and gas supply.

The Committee notes the information provided by the Government that in accordance with the guidelines of the Plan of Action of the Ministry of Labour for 1996-98, a Programme to Enhance Working Conditions and Environment is being developed through the following action subprogrammes: (i) National Programme to Combat Occupational Accidents and Diseases; (ii) Reform Programme to Update the Legal Framework for Occupational Safety and Health; (iii) Programme to Combat Child Labour and Protect Adolescent Workers; (iv) Workers' Nutrition Programme; and (v) the Programme for the Priority of Management Techniques in Occupational Safety and Health. The National Programme to Combat Occupational Accidents and Disease combines diverse educational, preventive and inspection approaches under the basic guidelines of enhancing effectiveness through steering action towards the economic sectors with the highest rates of occupational accidents and diseases; broadening participation by society as a whole, in particular employers and workers; building a more efficient action model; and maximizing resources. The Committee notes that for 1998 the construction sector was made the national priority given the high occupational accident rates found in all regions. The Committee asks the Government to indicate whether the implementation of the National Programme to Combat Occupational Accidents and Disease has resulted in reduction of their numbers as well as to provide information on other practical results achieved through the programme.

(b) Application of the provisions to combat child labour and forced labour. The Committee recalls that in previous comments it noted the establishment of an Executive Group for the elimination of forced labour (GERTRAF, Decree No. 1538/1995) and that priority would be given to inspection activities to combat forced labour and work by children and young persons. Referring also to the above-mentioned action subprogramme to combat child labour and protect adolescent workers, the Committee hopes that the Government will provide detailed information on the inspections carried out, and the results achieved through warning and advice or penalties imposed.

2. Article 16. Frequency and thoroughness of inspection visits. The Committee notes the information provided by the Government on the National Campaign to Combat Occupational Accidents and Diseases (October 1996-April 1997), conducted within the framework of the National Programme to Combat Occupational Accidents and Diseases, which targeted priority areas and resulted in an increase of the number of inspections by some 29 per cent and the number of enterprises inspected by some 38 per cent in 1997; most of the inspections being carried out in establishments with fewer than 50 workers. The Committee notes these efforts made by the Government to increase the frequency of inspection visits and asks the Government to provide information on the results obtained through these inspections and on any subsequent measures undertaken or envisaged after the conclusion of the campaign in order to increase the number of inspections so that workplaces be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

3. Article 6. Status and conditions of service of the inspection staff. The Committee notes the allegations by the Trade Union of Alimentation Industries Workers of Jundiaí, Cajamar, Campo Limpo Paulista, Louviera, Itupeva, Váreza Paulista and Vinhedo concerning the existence of connivance, corruption and extortion within the inspection activities in the area of the enforcement of standards of safety at work. The Committee also notes the statement in their observations alleging the existence of an illegal system of protection and immunity against inspection of those enterprises that hire professionals connected with the inspection authorities.

The Committee notes the information in the Government's response, received at the ILO on 28 November 1997, that a commission was established to verify the alleged facts and that the Government will inform the ILO about its conclusions. The Committee trusts that the Government will provide such information in its next report. Recalling also that problems of application of Article 6 have been raised previously, the Committee requests the Government to report on measures taken to ensure that the conditions of service of inspection staff are such as to assure them of stability in employment and independence from improper external influences.

The Committee is addressing a request directly to the Government in relation to the application of Articles 2, paragraph 1, 6, 9, 15, paragraph (a), 18, 20 and 21 of the Convention.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report. It also notes the observations communicated by the Trade Union of Alimentation Industries Workers of Jundiaí, Cajamar, Campo Limpo Paulista, Louveira, Itupeva, Várzea Paulista and Vinhedo with respect to the application of the Convention as well as the Government's response to these comments, received at the ILO on 28 November 1997. The Committee notes that the unions claim the lack of efficiency of the labour inspection concerning the application of the provisions on safety and security at work. The Committee will examine these allegations as well as the information provided by the Government at its next session. The Committee also refers to its observation under the Occupational Safety and Health Convention, 1981 (No. 155).

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the observations made by the National Union of Labour Inspectors (SINAIT) in a communication of 27 May 1996 alleging non-compliance with Article 6 of the Convention, as well as the Government's reply to these observations dated 9 October 1996.

In its communication, the SINAIT alleges that the Government allows improper external influences to jeopardize the performance of labour inspection duties by appointing to senior posts in the regional labour offices, to which the inspectors are subordinate persons, clearly connected with the enterprises which must be inspected by these inspectors. This exposes the inspectors to direct or indirect reprisals when they verify that in certain enterprises the methods applied are contrary to the law and regulations, including when working conditions are bad or workers are subject to forced labour.

The SINAIT refers in particular to the appointment as the head of the Regional Labour Office of the State of Piaui the niece and lawyer of the director of an enterprise, federal deputy and owner of an enterprise in which very difficult working conditions have been denounced. Both the deputy-governor of the State and the trade union have drawn the attention of the highest authorities to this situation, but the situation has not changed, rendering it impossible for the inspectorate to exercise supervision over all the enterprises of the State of Piaui, and particularly those which have clearly not complied with the legislation in force. According to the union, the regional delegate harasses inspectors, and even reduces their wages. The union considers that the government authorities are thus rendering vulnerable the fundamental guarantees of workers.

The Committee notes that in its reply, the Government states that the labour inspectors are public servants, recruited by competitive examination, appointed after a period of two years, who can be dismissed only after a disciplinary procedure. They have stability of employment, are independent of any political changes and are not subjected to outside influences. The case mentioned by the union has been studied thoroughly and it has been concluded that there was no political favouritism in the labour inspectorate in regard to this enterprise. The Government adds that appointments to and dismissals from the post of regional labour delegate are free and the holder retains his post for as long as he enjoys the confidence of the higher authorities. In regard to the allegations to the effect that there has been harassment and retention of wages, the Government refers to the case of a public official of the regional delegation, indicating that it has decided to re-establish the wage. The Government considers, in conclusion, that it has not remained unaware of the questions raised by the SINAIT.

The Committee recalls that under Article 6 of the Convention, the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of Government and of improper external influences. The Committee notes that while the inspectors are public officials, they seem to be subject to the hierarchical authority of regional delegates who may be appointed and dismissed at the whim of the higher authority, which is difficult to reconcile with the necessary independence. The Committee requests the Government to supply information on the steps taken or contemplated to guarantee labour inspectors true independence, in particular by protecting them from reprisals. As to the particular case mentioned by the SINAIT, it requests to Government to indicate how the application of Article 6 of the Convention is guaranteed in practice in regard to supervision of the enterprises in the area of the regional directorate in question.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 3, paragraph 2, of the Convention. The Committee notes the information supplied by the Government concerning the duties of labour inspectors in the process of negotiations between workers and employers with regard to the provision of guidance to the public, the certification of terminations of employment and the signature of workbooks (CTPS). In particular, it notes the computerization and the training of agents, as well as the rationalization of work procedures, permitting a larger number of inspectors to devote themselves to their specific inspection functions. The Committee requests the Government to supply information on the results achieved in this manner in ensuring the effective application of this provision of the Convention.

Article 5(a). The Committee notes the Cooperation Agreement (Termo) between the Ministry of Labour and the Office of the Public Labour Prosecutor, signed on 18/09/92; the inter-secretarial instruction No. 01, of 24/3/94; and Decree No. 1058 of 21/2/94. It also notes the information that the executive structure of the Ministry of Labour is being reorganized. The Committee requests the Government to indicate how the cooperation machinery established by the above legal texts functions in practice and to provide information on the impact on this cooperation of the reorganization of the Ministry of Labour.

Article 5(b). The Committee notes that the National Labour Council has been reactivated and that it will operate as a forum for tripartite negotiation for the implementation of the new system of labour relations. It also notes that in the coming months a Decree will be adopted to regulate the Council and that its first meeting is envisaged in 1995. It further notes that the collaboration of labour inspectors with employers and workers or their organizations also takes place through the machinery established by Ministerial Decree (Portaria) No. 3308/89, establishing the Trade Union Commission for the Evaluation of the Labour Inspectorate (CSAIT), by Ministerial Decree (Portaria) No. 3311/89, establishing the principles of the Development Programme for the Federal System of Labour Inspection, and by inter-secretarial instruction No. 2/94, establishing standards governing the participation of trade union bodies, and other bodies or institutions, in planning the work of the inspectorate. The Committee requests the Government to supply information on the working of the above collaboration machinery.

Article 6. The Committee notes the information supplied concerning the status of labour inspectors as public servants, as well as section 21 of Act No. 8112/90 and the benefits accorded to them under Act No. 8538/92. The Committee would be grateful if the Government would supply information on the career of a labour inspector.

Article 7, paragraph 3. The Committee notes with interest the information supplied by the Government in its report concerning the training of labour inspectors.

Articles 20 and 21. The Committee notes the information provided by the Government in its report to the effect that the problems encountered in the application of these provisions of the Convention are due to the difficulties of the Federal Labour Inspection System (SFIT), which is the body responsible for the computerization of statistical data. Nevertheless, it appears that the process of computerization has commenced and the SFIT is functioning once again. The Committee hopes that the Government will be able to transmit to the Office in the near future a copy of the annual inspection report, containing the data required by these Articles of the Convention.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied in the Government's reports dated 25 October 1994 and 1 September 1995, as well as the various communications and the full documentation attached. The Committee also notes the report on the labour inspectorate for the period March to September 1995 provided by the Government on 29 November 1995.

1. In its previous comments the Committee referred to the observations made in 1991, 1992 and 1993 by the Gaucha Association of Labour Inspectors (AGITRA), the Association of Labour Inspectors of Minas Gerais (AAIT/MG) and the National Union of Labour Inspectors (SINAIT) on the application of the Convention, as well as on the difficulties encountered by the labour inspection service both with regard to conditions of work and the necessary staff for the discharge of its functions, and their related impact on the number of violations of labour legislation and on the combat against the most serious cases, such as forced labour (including child labour) and the retention of wages and other benefits due to employees (such as adequate food and accommodation). The Committee requested the Government to make comments on these observations.

The Committee notes with interest the measures adopted to improve the effectiveness of the inspection system, such as the commencement of the process of training and recruiting some 650 labour inspectors (notifications Nos. 5/94 and 3/95); the proposal to increase the current complement of inspectors, which is currently around 1,950 inspectors with the status of public servants, by the creation of 1,500 additional posts, of which 100 would be occupational physicians and another 100 occupational safety engineers; the adoption of rationalization measures in the activities and services of the labour inspectorate by means of, among other measures, the determination with the representative organizations of workers and employers of specific objectives and priorities for the work of the inspectorate, such as the inspection of registers of workers (the signature of workbooks) (Ministerial Decree Portaria No. 400/95) and contributions to the pension fund (FGTS) (Agreement/MTb/CEF/No. 001/95); the organization of calls for tenders (public tender competitions Nos. 1 to 4/94) for the purchase of computer equipment for the central and regional branches of the Ministry of Labour.

The Committee also notes the establishment of an Executive Group for the repression of forced labour and other measures (GERTRAF Decree No. 1538/1995), as well as the information provided by the Government in its report to the effect that priority is being given to the inspection of forced labour and work by children and young persons.

The Committee notes the statistical data for the inspection service in 1992 and 1993. The data show an increase in percentage terms in the number of enterprises inspected, the number of employees covered, the information and guidance provided to the public, certification activities, the offences reported and the dollar value of the fines imposed. Nevertheless, they also show a decrease in the number of inspectors, in the comments made in workbooks and their verification, and the value of the fines imposed. The number of inspectors declined in 20 states and only increased in one. This decline continued in 1994 (1,950 inspectors), although a greater number of enterprises were inspected (407,732). Nevertheless, the number of offences reported also decreased (100,632), while the value of the fines imposed increased (by about US$58 million to US$146 million). However, the fines actually paid stayed at a low level (US$22 million to US$27 million) between 1993 and 1994.

The Committee notes that, although the measures adopted by the Government represent important progress towards the resolution of the problems raised previously by the trade union organizations in their observations, it has not yet been possible to evaluate the effectiveness of the inspection system and its improvement, particularly with regard to the application of Article 3, paragraph 1(a), and Articles 9, 10, 11, 16, 17 and 18 of the Convention. The Committee would be grateful if the Government would provide information in its next report on the results achieved, particularly with regard to the inspection of work by young persons, forced labour, registers of workers, the comments made in workbooks and the contributions to the pension fund. The Committee would also be grateful if the Government would indicate the measures that are envisaged to improve the effectiveness in the recovery of fines that are imposed and the impact and adequacy of these fines on compliance with the relevant legal provisions.

The Committee notes with interest inter-secretarial instruction MTB No. 01/1994 establishing standards for inspection procedures in rural areas, which recognizes the need to implement a national policy concerning inspection in rural areas, with the objectives of guaranteeing the dignity of rural workers. The Committee notes that Brazil has not ratified the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

2. The Committee notes the information provided by the Government in reply to the observations made by the Union of Workers of the Triunfo Chemical and Petrochemical Industries (SINDIPOLO). The Committee notes that the matter raised is more related to the problem of the right of workers' representatives to accompany inspection visits and the application of Convention No. 148.

3. The Committee notes the communication from the Trade Union of Workers in the Civil Construction Industry of the State of Sergipe, together with other trade unions from the same State, alleging that the representative of the Ministry of Labour inhibits the work of the labour inspectorate, resulting in a serious occupational accident in the port of Sergipe. The Committee notes the Government's detailed reply indicating that the competent administrative and judicial authorities are examining the facts of this complex case, but that they have not yet reached a decision on them. The above accident is reported to have been caused by defects in the maintenance of the equipment on a vessel. The Committee requests the Government to supply further information, in the light of the measures intended to improve the inspection system mentioned in its report, on the effectiveness of the labour inspectorate in the port of Sergipe in ensuring the application of the relevant legal provisions respecting working conditions and protection of workers (Article 3, paragraph 1(a)).

The Committee is raising other matters in a direct request.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its observation, the Committee hopes the Government's next report will include information on the following matters:

Article 3(2) of the Convention. The Committee had noted in its previous direct request that inspectors' duties include intervention in labour disputes. Please indicate how it is ensured that this does not interfere with the effective and impartial discharge of their primary function.

Article 5(a). Please indicate in practice how the central inspection authority ensures effective cooperation not only with other central bodies with responsibilities in such areas as health, welfare or youth but also with bodies operating at the level of the state, region and locality.

Article 5(b). The Committee had noted in its previous direct request that the practical application of arrangements for cooperation of the inspection services with employers and workers and their organizations is unsatisfactory due to administrative reforms made in 1990. Please indicate what progress is being made in this respect.

Article 7(3). The Committee had noted in its previous direct request that there are practical difficulties in applying training arrangements for inspectors. Please indicate the steps taken to overcome these difficulties.

Article 20. Please indicate whether the statistics provided in the annex to the Government's report are part of the annual inspection report. Please supply a copy of the full annual labour inspection report.

Article 21(c), (f) and (g). Please ensure that statistics of workplaces liable to inspection and the numbers of workers employed in them, industrial accidents and occupational diseases are included in future annual inspection reports.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous comments, the Committee notes the Government's brief report which refers to measures taken for streamlining and redirecting the activities of the labour inspection service, and to information supplied in its previous report concerning the application of all articles of the Convention. The Committee asks the Government to indicate in detail how the measures taken or envisaged relating to the functioning of the inspection system ensure or will ensure that full effect is given to the provisions of the Convention, taking acccount in particular of the points raised in the above-mentioned comments. In this connection it asks the Government to submit comments on the observations of the "Gaucha" Association of Labour Inspectors (AGITRA), the Association of Labour Inspectors of Minas Gerais (AAIT/MG) and the National Union of Labour Inspectors (SINAIT) on the application of the Convention, and on the points raised previously by AGITRA. The latter refers to difficulties encountered by the labour inspection service with regard to conditions of work and the staff needed to carry out inspection activities, and their respective consequences on the number of serious violations of labour laws and on the fight against the most serious cases such as forced labour (including child labour), as well as the withholding of wages and other benefits due to employees (such as adequate food and accommodation).

The Committee once again reminds the Government of the Convention's requirements concerning the function of labour inspectors in securing the enforcement of legal provisions relating to the conditions of work and workers' protection, such as provisions on hours of work, wages, health and welfare, and the employment of young persons (Article 3(1)(a)); the need for inspection staff to enjoy legal status and conditions of service that assure them of stability of employment and independence (Article 6); the need to associate specialists in medicine and engineering and other experts with the work of inspection (Article 9); and the need to ensure that the number of labour inspectors and the practical conditions of their work are sufficient to ensure that workplaces are inspected as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions (Articles 10, 11 and 16).

The Committee also notes the observations made by the Union of Workers of the Triunfo Chemical and Petrochemical Industries (SINDIPOLO) referring, in particular, to the application of Convention No. 148. It would be grateful if the Government would submit any comments it deems appropriate on these observations, taking account of Article 5(b) of the present Convention which calls for cooperation between labour inspectors and employers and workers or their organizations.

The Committee again raises other matters in a direct request.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's brief report and the indication that the Ministry of Labour is being reorganized and that the Government intends to implement the recommendations made in the Study on Labour Inspection in Brazil. It notes with interest that the Government is endeavouring to modernize the inspection services and has requested ILO technical assistance for this purpose; that the labour inspectors who had been removed from their original functions have now been placed back in their former posts; that inspectors' wages have increased; and that the provision under which enterprises with fewer than ten workers were not subject to inspection has been repealed. It notes, however, that stringent measures must be taken to deal with acts of aggression against inspectors.

The Committee hopes that the Government's next report will contain complete information on the observations, a copy of which was sent to it along with a letter of 4 May 1992, made by the Association of Labour Inspector Agents of Minas Gerais (AAIT/MG), the National Union of Labour Inspection Agents (SINAIT) and the Gaucha Association of Labour Inspectors (AGITRA) concerning the application of the Convention, and on the points still requiring an answer raised in its previous observation which read as follows:

The Committee has noted the information in the Government's first report on the Convention. It has also noted the observations of the Gaucha Association of Labour Inspectors (AGITRA), concerning difficulties encountered by the labour inspection service in regard to various aspects of the Convention. AGITRA indicates that the activities of the labour inspectorate have decreased since 1990, particularly since many posts of labour assessors, doctors and engineers were abolished. This has meant that labour inspectors have had to work in precarious conditions, contrary to the Convention. Inspectors have thus not been able to combat as they would wish serious violations of labour law in respect of slavery and forced labour (including child labour), and withholding of wages and other benefits due to employees (such as adequate food and lodging). This in turn means that, particularly in the present unstable economic situation in the country, the number of violations of labour legislation is increasing dramatically.

The Committee recalls the requirements of the Convention as regards the function of labour inspectors in securing the enforcement of the legal provisions relating to conditions of work and the protection of workers, such as provisions relating to hours, wages, safety, health and welfare, and the employment of children and young persons (Article 3(1)(a)); the need for inspection staff to enjoy a status and conditions of service which guarantee them the necessary stability of employment and independence (Article 6); the need to associate medical, engineering and other specialists in the work of inspection (Article 9); and the need to ensure that the number and material conditions of labour inspectors are sufficient to enable workplaces to be inspected as often and as thoroughly as necessary to ensure the effective application of relevant legal provisions (Articles 10, 11 and 16).

The Committee is raising certain other points in a direct request.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its observation, the Committee hopes the Government's next report will include information on the following matters:

Article 3(2) of the Convention. The Committee notes that inspectors' duties include intervention in labour disputes. Please show how it is ensured that this does not prejudice the effective and impartial discharge of their primary function.

Article 5(a). Please indicate in practice how the central inspection authority ensures effective cooperation not only with other central bodies with responsibilities in such areas as health, welfare or youth but also with bodies operating at the level of the state, region and locality.

Article 5(b). The Committee notes that the practical application of arrangements for cooperation of the inspection services with employers and workers and their organisations is unsatisfactory due to administrative reforms made in 1990. Please indicate what progress is being made in this respect.

Article 7(3). The Committee notes that there are practical difficulties in applying training arrangements for inspectors. Please indicate the steps taken to overcome these difficulties.

Article 20. Please indicate whether the annual report on inspection is published and forwarded to the ILO in conformity with this Article.

Article 21(c), (f) and (g). Please ensure that statistics of workplaces liable to inspection and the numbers of workers employed in them, industrial accidents and occupational diseases are included in future annual inspection reports.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has noted the information in the Government's first report on the Convention. It has also noted the observations of the Gaucha Association of Labour Inspectors (AGITRA), concerning difficulties encountered by the labour inspection service in regard to various aspects of the Convention. AGITRA indicates that the activities of the labour inspectorate have decreased since 1990, particularly since many posts of labour assessors, doctors and engineers were abolished. This has meant that labour inspectors have had to work in precarious conditions, contrary to the Convention. Inspectors have thus not been able to combat as they would wish serious violations of labour law in respect of slavery and forced labour (including child labour); and withholding of wages and other benefits due to employees (such as adequate food and lodging). This in turn means that, particularly in the present unstable economic situation in the country, the number of violations of labour legislation is increasing dramatically.

The Committee recalls the requirements of the Convention as regards the function of labour inspectors in securing the enforcement of the legal provisions relating to conditions of work and the protection of workers, such as provisions relating to hours, wages, safety, health and welfare, and the employment of children and young persons (Article 3(1)(a)); the need for inspection staff to enjoy a status and conditions of service which guarantee them the necessary stability of employment and independence (Article 6); the need to associate medical, engineering and other specialists in the work of inspection (Article 9); and the need to ensure that the number and material conditions of labour inspectors are sufficient to enable workplaces to be inspected as often and as thoroughly as necessary to ensure the effective application of relevant legal provisions (Articles 10, 11 and 16).

In respect of the last point, the Committee notes from the Government's report, that it recognises difficulties in complying with the Convention, owing to the immensity of the national territory and the shortage of inspection personnel. The Committee refers also to its observations on Conventions Nos. 29, 95 and 105. It hopes the Government will supply full information on the aspects of the present Convention raised by AGITRA. The Committee is raising certain other points in a direct request.