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 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).