Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 81) sur l'inspection du travail, 1947 - Pérou (Ratification: 1960)

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The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 1 September 2023.

Articles 6 and 15(a) of the Convention. Status and conditions of service of labour inspectors. Regarding the process to transfer public bodies and servants to the civil service system, the Committee notes the Government’s indication in its report that the National Labour Inspection Authority (SUNAFIL) is at the second stag, in which it has to draft a proposal for the reorganization of its human resources and that, therefore, inspectors are still under the private sector regime by virtue of Legislative Decree No. 728. In this regard, the Committee notes the CATP’s indication in its report that: (i) the transition of labour inspectors to a different labour system, as stipulated by the Civil Service Act (No. 30057) would lead to a reduction of their entitlements; (ii) this new system only offers a veneer of job stability, as it makes job retention conditional on a series of evaluations; (iii) considering the work overload of inspection personnel and their lack of training, the change of system would mean that they would be exposed to the risk of their assessments not being validated, which would serve as a reason for their dismissal; (iv) it was concerning that, in 2020, the public competition for around 100 auxiliary inspectors was declared unsuccessful due to negligence by SUNAFIL and that, since then, they have been working under a provisional status; and (v) if the positions of the inspectors were not confirmed and they were dismissed, issues may arise with regard to the legal certainty of SUNAFIL’s decisions, given that the decisions taken by those inspectors are subject to appeal due to their status. The Committee requests the Government to provide its comments in this respect. Having noted concerns about the status and service conditions of inspectors over a number of years, the Committee urges the Government to take the necessary measures to: (i) swiftly complete the process to transfer labour inspectors to the civil service system; (ii) ensure that the process provides for conditions of service that guarantee stability of employment and are independent of changes of government and of improper external influences; (iii) provide information on the progress made in this regard. The Committee also requests the Government to provide information on the impact that the integration of the labour inspectorate into the new civil service system has on the conditions of service, salary scales, and career prospects of staff of regional governments with inspections functions, as well as specifically in comparison with categories of public servants who carry out similar functions in other government services, such as tax inspectors or police officers.

Articles 12(1)(a) and (c), and 15(c). Scope of the right of free entry of labour inspectors into workplaces liable to inspection. Further to its previous comments, the Committee notes the Government’s indication that, in accordance with section 10 of the General Labour Inspection Act, the activities of the labour inspectorate may also derive from an internal decision of the inspection system. In this respect, the Committee notes that the CATP regrets that, despite the amendments to the General Inspection Act, the general rule continues to be that labour inspectors may only act on the basis of an inspection order issued by the management bodies, and within the limits of that order, in a manner such that the possibility for labour inspectors to act on their own initiative is strictly limited to exceptional cases and is subject to formalities that prevent or discourage it. Noting with regret thatno measures have been adopted to amend the General Labour Inspection Act, the Committee urges the Government to take the necessary steps to ensure, in law and practice, the right of labour inspectors to enter freely any workplace liable to inspection, and thatinspections are not subject to an order issued by a higher authority.

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

[The Government is asked to reply in full to the present comments in 2024.]