CMNT_TITLE

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

Other comments on C081

Observation

Direct Request

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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.