Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 81) sur l'inspection du travail, 1947 - Equateur (Ratification: 1975)

Article 4 of the Convention. Organization and efficient functioning of the system of labour inspection. Supervision and control of the system by the central authority. The Committee notes the information in the Government’s report that, under Executive Decree No. 500 of 26 November 2014, the Ministry of Labour Relations was renamed the Ministry of Labour. It also notes that the document on the comprehensive inspection management system (SGI) project, of May 2015, prepared by the Ministry of Labour, demonstrates a lack of strategic support for inspections, a lack of standard criteria for conducting comprehensive inspections and imposition of penalties, a failure to adequately follow up and close the inspection process, and insufficient planning. The Committee also notes that the Government has not provided the updated organizational plan of the labour inspection system which identifies its central authority. The Committee recalls the importance of placing the labour inspection system under the supervision and control of a central authority for the development and implementation of a standard labour inspection policy throughout the country, and for the consistent application of labour legislation. The Committee requests the Government to specify the central authority under which labour inspection is placed. It also requests the Government to ensure that the labour inspection system introduces the necessary measures to remedy the problems raised in the SGI project in the context of the functions of supervision and control of the inspection system under Article 4 of the Convention.

Articles 19, 20 and 21. Periodic reports and preparation, publication and transmission of an annual report on the work of the inspection services. In its previous comments, the Committee noted the progress made in terms of the installation of systems for the various provincial branches of the Ministry and in the system for the registration of information relating to labour inspections (SINACOI). It hoped that the progress made would enable the local inspection offices to register and process the necessary data for the preparation of periodic reports, and that these reports would in turn enable the central inspection authority to prepare and publish an annual inspection report. The Committee notes the statistics provided by the Government on the inspections carried out in 2014, the number of inspectors, regional offices and provincial branches, and the number of industrial accidents by sector. It also notes the information on the amount of fines imposed. The Committee nevertheless emphasizes that the information is not sufficient for an assessment of the extent to which labour legislation in workplaces liable to inspection has been implemented, and that it does not meet the requirements of an annual report as set out in Article 21 of the Convention. The Committee recalls that in order for the central authority to supervise and control the functioning of the services under its authority, it must receive regular information regarding their activities. This information should be provided to it by means of periodic reports, the form and content of which should be determined by the central authority itself, in accordance with Article 19. Under Article 20, the central authority should, in turn, publish an annual general report and communicate to the ILO within the time limits set out therein on the work of the inspection services which should address the points mentioned in Article 21. The Committee requests the Government to take the necessary measures to collect and compile data with a view to the preparation, by the local inspection offices, of periodic reports, and so that, on the basis of that data, an annual inspection report can be prepared and transmitted to the ILO, in accordance with Articles 19, 20 and 21 of the Convention. The Committee reminds the Government that it may avail itself of the technical assistance of the Office for this purpose, if necessary.

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