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International cooperation and ILO technical assistance. The Committee notes with interest that a labour inspection reform has been undertaken as a result of recommendations made following a diagnosis that the Office carried out as part of regional cooperation project RLA/07/04M/USA for the strengthening of labour administration systems.

The Committee notes with interest: (a) the adoption of the General Act on the Prevention of Risks in the Workplace (LPRT) issued by Decree No. 254 of 21 January 2010, published in the Official Journal of 5 May 2010; (b) the current revision of the Act on the Organization and Running of the Labour and Social Welfare Sector (LOFT); (c) the current preparation of a code of ethics for labour inspectors; (d) the restructuring of the labour inspectorate involving the merger, within the Directorate General of Inspection, of the two bodies responsible for the supervision of conditions of work in general and occupational safety and health; and (e) a pilot project to standardize labour inspection procedures in these areas, scheduled for implementation between July 2010 and February 2011.

The Committee notes with interest that the LPRT meets the Convention’s requirements on the following points: (i) establishment of an obligation to notify the labour inspectorate within 72 hours of any industrial accident and, immediately and without delay, of any serious or lethal accident (Article 14 of the Convention); (ii) classification of offences (minor, serious, very serious) and establishment of penalties calculated on the basis of the minimum wage for the various categories of offence (Article 18); and (iii) establishment of an occupational safety and health committee (composed of workers’ and employers’ representatives) in enterprises employing 15 or more workers and enterprises engaging in activities of a kind requiring such a body (Article 5 of the Convention and Part II of the Labour Inspection Recommendation, 1947 (No. 81)). The Committee would be grateful if the Government would take the necessary steps to ensure that the legislation is likewise brought into conformity with Article 14 of the Convention as concerns notification to the labour inspectorate of cases of occupational disease. It asks the Government to keep the Office informed of developments in this matter, to provide a copy of any texts adopted and to send a detailed description, with supporting documentation, of the procedures for declaring relevant industrial accidents and cases of occupational disease and notifying them to the labour inspectorate.

According to the Government, besides the progress consisting in the establishment, in the LPRT, of sanctions that are proportionate to the nature and seriousness of the offence (Article 18), the revision of the LOFT should likewise bring the legislation into line with the Convention as requested by the Committee by: (i) giving labour inspectors public official status and assuring them of stability of employment, as well as career prospects (category I inspectors, category II inspectors, supervisors) (Article 6); (ii) providing for the recruitment of labour inspectors by competition (Article 7); (iii) empowering inspectors to enter at any hour of the day or night workplaces liable to inspection (Article 12(1)(a)); (iv) abolishing the requirement for the employer, the workers or their representatives to be present during the inspection (Article 12(c)(i)); and (v) allowing labour inspectors the discretion to give warning and advice to offenders before envisaging the initiation of proceedings (Article 17(2)). The Committee requests the Government to take all necessary steps to bring the law and practice into line with the abovementioned provisions and with
Article 12(2), which allows inspectors not to notify the employer or his representative of their presence if they consider that such notification may be prejudicial to the performance of their duties.

In addition, the Committee requests the Government to ensure both in law and in practice that labour inspectors are not assigned any further duties – for example tasks relating to dispute settlement – that are liable to interfere with or obstruct the effective discharge of their primary duties (Article 3(2) and Part III of Recommendation No. 81).

The Government is requested to keep the ILO informed of any progress in the above areas and to provide copies of any texts or relevant documents, including a copy of the code of ethics referred to in the Government’s report on the application of the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Articles 20 and 21 of the Convention. Publication and communication to the ILO of an annual inspection report. The Committee notes the information sent by the Government including on the number of labour inspectors, the number of workplaces visited between 2006 and 2009, the number of offences reported during the same period and the penalties imposed. It reminds the Government that such information, along with data on the other subjects set forth in Article 21, should be published in the form of an annual report a copy of which should be sent to the ILO. The Committee requests the Government once again to ensure that the central labour inspection authority publishes and sends to the Office within the deadline set in Article 20, an annual report containing the information required by Article 21(a)–(g).

Labour inspection and child labour. The Committee notes that according to the Government, the supervision of child labour is an integral part of the inspections carried out in all economic sectors. The Committee again asks the Government to send detailed information on the supervision of the application of the legal provisions on child labour in industrial and commercial establishments, and to ensure that such information is included regularly, and separately, in the annual inspection report.

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Referring also to its observation, the Committee draws the Government’s attention to the following points.

Articles 2 and 23 of the Convention. Scope of the labour inspection system. According to data from the Salvadorian Social Security Institute (ISS), the number of workplaces liable to labour inspection is 29,630, and the number of workers employed therein is 112,212. The Committee requests the Government to indicate whether these figures refer to industrial and commercial establishments covered by the Convention and the workers employed therein. If not, it would be grateful if the Government would supply further information on industrial and commercial establishments, particularly with regard to their geographical distribution.

Article 4. Structure of the labour inspection system. The Committee notes the Government’s statement that it is planned to merge the department for the inspection of occupational safety and health with the directorate-general of labour inspection in the same ministry. It requests the Government to provide information on any developments in this area and send copies of any relevant documents, where applicable.

Articles 7, 8 and 10. Numbers of male and female inspectors. The Committee notes that, according to the Government’s statements in its report, 138 inspectors responsible for industrial relations and 76 inspectors responsible for occupational safety and hygiene were recruited in 2006 and 2007. However, it notes that the table included in the report refers to a total of 117 inspectors and 67 occupational safety and hygiene technical inspectors. The Committee would be grateful if the Government would provide further information with regard to the composition of serving inspection staff, including the distribution by grade of male and female inspectors. It also requests the Government to describe the activities which comprise the training module entitled “Social audit for labour inspectors” (“auditoria social para los inspectores de trabajo”).

Article 11. Means of action and conditions of work of labour inspectors. The Committee notes that, since November 2007, the Ministry of Labour and Social Welfare has had new facilities and more space, which has enabled the of its central offices to be grouped together in a single location and facilitated the necessary coordination between the different departments. The labour inspectorate and the occupational safety inspectorate now conduct joint inspection visits. In addition, the increase in the ministry’s budget has made for improvements in the conditions of work of inspectors, particularly in the form of additional furniture (chairs, tables for meetings), and also stationery and office equipment. The Committee also notes with interest an increase in their transport facilities. The Committee would be grateful if the Government would describe the resources and/or transport facilities for labour inspectors and state their geographical distribution.

The Committee also requests the Government to indicate the impact of improved conditions of work on the functioning of the labour inspectorate and also on the results thereof in the next reporting period.

Article 17, paragraph 2. Labour inspectors’ discretionary choice of action to follow up reported infringements. Further to its previous comments and noting that, according to the Government, it is at the discretion of inspectors to decide whether to give warnings or advice to persons who have infringed the legislation to be enforced instead of instituting or recommending proceedings, the Committee would be grateful if the Government would send copies of any relevant legal texts. If these do not exist, it requests the Government to take steps to establish this power of discretion in the legislation so that it can be exercised uniformly throughout the country.

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The Committee notes the information contained in the Government’s report in reply to its previous comments. It draws the Government’s attention to the following points.

International cooperation and ILO technical assistance. The Committee notes that an assessment of the labour inspection situation was conducted by the ILO as part of project RLA/07/04M/USA on the strengthening of civil service systems in the Ministries of Labour of Honduras and El Salvador. It would be grateful if the Government would provide information on any action contemplated or taken as a follow-up to the recommendations resulting from this assessment.

Article 6 of the Convention. Status and conditions of service of labour inspectors. With reference to its previous comments on the need to take measures promptly to ensure that labour inspectors have stability of employment and are independent of changes of government and of improper external influences, the Committee notes with interest that a project to integrate the region’s labour inspectors into the administrative career system will be implemented by the ILO regional office with international financial support. The Committee expresses the firm hope that the Government will ensure that steps are taken in practice in the context of this project so that labour inspectors are governed by specific conditions of service such that they are assured of the stability of employment and independence required by the Convention, and that their career prospects are such as to attract and retain qualified and motivated staff in the inspection services. It requests the Government to keep the ILO informed of all progress made in this regard and to send copies of any relevant legislative texts.

Article 12, paragraph 1(a) and (b). Scope of inspectors’ right of entry to workplaces. In the comments which it has been making for a number of years, the Committee requests the Government to take the necessary measures to give a legal basis to inspectors’ right of access to workplaces, as prescribed by the Convention, namely to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection (clause (a)), and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection (clause (b)). The Government states once again in its report that inspectors’ right of free entry to workplaces liable to inspection, established by section 38 of the Act concerning the structure and functions of the labour and social security sector, extends to night work according to the activities of the enterprise. The Committee cannot overemphasize the need to give legal authorization to inspectors to exercise their right of free entry to workplaces liable to inspection, regardless of the hours of work of those establishments. It draws the Government’s attention to paragraph 270 of its General Survey of 2006 on labour inspection in which it emphasizes that the purpose of the above provisions of the Convention is to allow inspectors to carry out inspections, where necessary and possible, to enforce the application of legal provisions relating to conditions of work. The Committee is of the view that the protection of workers and the technical requirements for inspection should be the primordial criteria in determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped. It therefore requests the Government to take the necessary steps without delay to bring the legislation into conformity with the Convention and to send copies of any text drafted or adopted to this end. The Committee would be grateful if the Government would supply copies, as stated in its report, of reports of inspections undertaken at night.

Article 12, paragraphs 1(c)(i) and 2. Scope of the powers of labour inspectors to investigate and notification of their presence at the workplace. With reference to the comments which it has been making since 2001, the Committee notes the Government’s new explanations to the effect that section 47 of the Act on the structure and functions of the labour and social security sector, under which inspections are carried out with the participation of the employer, the workers or their representatives, aims to give transparency to inspections. The Committee is bound to repeat that the obligation thus placed on the inspector to carry out inspections with the employer, the workers or their representatives clearly constitutes an obstacle to the freedom of investigation prescribed by the Convention and also to the freedom of expression and spontaneity of the statements made by the persons questioned, particularly workers, and that it is therefore prejudicial to the effectiveness of the inspection. The Committee emphasizes in paragraph 275 of the above General Survey that to ensure that statements are as spontaneous and reliable as possible, it is essential for labour inspectors to exercise their own judgement as to whether to carry out confidential interviews where this is required by the subject of the interview. In this way, inspectors can avoid embarrassing the employer or his or her representative in front of the workers or, conversely, exposing workers to the risk of reprisals. It also reminds the Government that, in accordance with the terms of Article 12, paragraph 2, a labour inspector should be authorized not to notify the employer or his representative of his presence, if he considers this preferable in order to ensure the effectiveness of the inspection. The Committee therefore requests the Government once again to ensure that the legislation is rapidly brought into conformity with the letter and spirit of these provisions of the Convention. It hopes that the Government will provide the ILO with relevant information, together with any related legislative texts.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. With reference to its previous comments on this matter, the Committee notes that the draft general law on the prevention of occupational risks is still under discussion in the competent committee of the Legislative Assembly. It also notes that, in practice, the services responsible for the inspection of occupational safety and health require enterprises to notify and record industrial accidents and cases of occupational disease. Inviting the Government to refer to paragraph 118 of the above General Survey concerning the importance of the preventive function of labour inspection, the Committee draws its attention once again to its general observation of 1996 concerning the publication by the ILO of a code of practice on the recording and notification of occupational accidents and diseases in order to provide member States with guidance in this area. It hopes that the Government will not fail to ensure, in the discussions of the draft general law on the prevention of occupational risks, that the national legislation defines the cases and the manner in which the labour inspectorate must be informed of industrial accidents and cases of occupational disease, and that it will keep the ILO informed of all developments in this regard and of the adoption of any relevant texts.

Article 18. Adequate penalties. While noting the information provided by the Government with regard to criteria for the imposition of fines, the Committee refers to paragraph 295 of the General Survey in which it emphasizes the importance of ensuring that fines retain a sufficiently deterrent character despite monetary fluctuations, so that employers do not prefer to pay fines as a less costly alternative to taking the necessary measures to ensure compliance with the legal provisions on working conditions and the protection of workers. It requests the Government to take the necessary steps rapidly to establish an appropriate method for the adjustment of the amounts of fines applicable for the violation of legal provisions enforced by labour inspectors or for obstructing inspectors in the discharge of their duties. The Committee would be grateful if the Government would provide information in its next report on the measures taken and copies of any related documents.

Articles 20 and 21. Publication and communication to the ILO of an annual inspection report. The Committee notes that, despite its repeated requests, no annual inspection report as required by these provisions of the Convention has been sent to the ILO since the ratification of the Convention in 1995. The Committee trusts that the Government, in the context of international cooperation and the technical assistance which it receives from the ILO, will take the necessary steps to ensure that the central inspection authority publishes and communicates to the ILO, within the deadlines prescribed by Article 20, an annual report containing the information required by Article 21(a) to (g).

Labour inspection and child labour. The Committee notes that the statistics supplied by the Government on inspections targeting child labour, and also in relation to prevention and awareness-raising activities in this field, in 2006 and 2007 relate in particular to the agricultural sector. The Committee requests the Government to take steps to ensure that information on enforcement by the labour inspectorate of the legal provisions relating to child labour in industrial and commercial establishments is sent to the Office and is included in a separate section in the annual inspection report.

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

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The Committee refers the Government to its observation and takes note of the reorganization of the Ministry of Labour and the restructuring of the Labour Inspectorate. It also notes the Government’s statement that the procedure for supervising the provisions of the law that govern health and safety conditions and other working conditions has been revised in the interest of speed, so as to reduce user response time. The Committee hopes that the Government will keep the ILO duly informed of progress made in this respect and that it will not fail to provide copies of any relevant texts.

Article 3, paragraph 2, of the Convention. Elimination of certain additional duties in the interest of primary inspection duties. With reference to its previous comments, the Committee notes with interest that certain tasks, such as reckoning the benefits due to workers and the dispatch of end-of-contract documents, assigned under section 402 of the Labour Code to the Labour Inspection General Directorate, are now carried out by administrative staff. It requests the Government to provide information on how this reduced workload has affected the volume and quality of the activities carried out by inspectors as part of their primary duties as defined in Article 3, paragraph 1, of the Convention.

Article 6. Status and conditions of service of labour inspectors. While noting the Government’s view, the Committee is still of the opinion that a contract limiting an inspector’s appointment to one year, even if it is renewable, is contrary to the Convention. It invites the Government to refer to its comments on the matter in paragraphs 203 to 221 of its General Survey of 2006 on labour inspection and again requests it to take measures promptly to ensure that the status and conditions of service of labour inspectors are such that they are assured of stability of employment and are independent of changes of government and of improper external influences, and to keep the ILO informed.

Articles 7, 10, 11 and 21(c). Human resources, means of action and volume of inspection activities. The Committee notes that the Labour Inspectorate is composed of 45 safety and health inspectors and 88 inspectors responsible for all other areas, and that a special training programme adapted according to seniority has been implemented to further develop their skills. It notes with interest that, thanks to a substantial increase in the budget of the Ministry of Labour and Social Welfare, more than 150 inspectors for labour and safety at work are to be recruited. The Committee would be grateful if in its next report the Government would provide detailed information on: (i) changes in the strength of the Labour Inspectorate and the coverage of workplaces; (ii) the content of the training for inspectors, the length of the courses and the staff concerned; (iii) the number and geographical distribution of workplaces subject to inspection and the workers employed in them; and (iv) the practical effects of the increase in the Ministry’s budget, in terms of material resources, office automation and transport for labour inspectors.

Article 8. Inspectorate staff to comprise men and women. With reference to its previous comments, the Committee notes that of a total of 113 labour inspectors, 59 are women. It would be grateful if the Government would send full information on this subject, including a breakdown by grade of men and women inspectors.

Article 14. Reporting of industrial accidents and cases of occupational disease to the Labour Inspectorate. The Committee notes that a process has begun to amend and strengthen the legal provisions on occupational health and safety. It notes with interest that the Bill on the prevention of occupational risks establishes a requirement to notify the Labour Inspectorate within 72 hours of any occupational accident and, immediately and without delay, of any serious or fatal accident. The Committee hopes that the Government will not fail to keep the Office informed of the status of the abovementioned Bill and asks it to indicate how it gives effect, or plans to give effect, to Article 14 of the Convention regarding the notification of cases of occupational disease to the Labour Inspectorate.

Article 17, paragraph 2. Action taken on infringements to be at labour inspectors’ discretion. The Committee once again asks the Government to state whether, as this provision requires, it is left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings. If not, it would be grateful if the Government would take steps to bring the legislation into line with the Convention in this respect and to keep the ILO duly informed.

Article 18. Adequate penalties. The Committee would be grateful if the Government would provide information in its next report on the measures taken to ensure that the penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties remain adequate, i.e. dissuasive. Please also provide copies of any relevant texts.

Articles 20 and 21. Annual inspection report. The Committee notes with interest that, via its web site (www.mtps.gov.sv), the Government disseminates information and statistics on labour inspection: number of persons employed in industrial and commercial establishments with at least five employees; number and purpose of inspections between 2000 and 2004 and number of workers covered; number and total amount of fines imposed in certain departments of the country; number of occupational accidents, etc. Although this information does not give a complete picture of how the inspection system as a whole works over a reference period, it is clear that the capacity to compile data and statistics has been developed substantially, and that their dissemination over the Internet make such data available to the social partners and to other interested administrative bodies and institutions giving them the opportunity to express their views on the working of the inspection system. The Committee hopes that in its next report the Government will be in a position to inform it that progress has been made in giving effect to Articles 20 and 21 through the publication and communication to the ILO, by the central inspection authority, within the prescribed period, an annual report on the work of the inspection services containing the information set out under each of the points in Article 21.

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The Committee notes the Government’s report and the handbook for labour inspectors on combating the worst forms of child labour, produced in cooperation with the ILO and the International Association of Labour Inspectors (IALI) and adapted to El Salvador. It also notes the audit of the Ministry of Labour carried out in 2002 in the context of the MATAC/ILO project, and of Executive Decree No. 53 of 5 June 1996 issuing general regulations on travel allowances.

1. Article 12, paragraph 1(a) and (b), of the Convention. Scope of inspectors’ freedom of access to workplaces. Further to its previous comments, the Committee draws the Government’s attention to paragraph 270 of its General Survey of 2005 on labour inspection, in which it sets forth the reasons for giving inspectors freedom of access to workplaces as required in Conventions Nos. 81 and 129. It noted in that paragraph that the conditions for the exercise of the right of free entry to workplaces are intended to allow inspectors to carry out inspections, where necessary and possible, to enforce the application of legal provisions relating to conditions of work. The Committee is of the view that the protection of workers and the technical requirements for inspection should be the primordial criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped. The Committee therefore once again asks the Government to take steps to supplement the legislation so as to allow labour inspectors to enter freely, also at night, any workplaces liable to inspection and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. It hopes that the Government will provide information in its next report on any progress made in this respect.

2. Article 12, paragraphs 1(c)(i) and 2. Scope of labour inspectors’ powers. The Committee notes the Government’s explanations regarding the meaning of section 47 of the Act on the organization and functions of the labour and social security sector. It points out, however, that this provision, under which inspections are carried out with the participation of the employer, the workers or their representatives, is still ambiguous in that it allows the employer or his representative to accompany the inspector around the workplace and identify, from among the workers interviewed, those likely to have supplied the information that gave rise to an unfavourable inspection report. This clearly impairs the freedom of movement necessary to effective inspection and involves a risk of reprisal against the workers, despite the fact that, under section 38(b) of the same Act, inspectors are free to question anyone on the premises inspected, without the presence of witnesses. The Committee further reminds the Government that, according to Article 12, paragraph 1(b), of the Convention, inspectors must be allowed not to notify the employer or his representative of their presence on the occasion of an inspection visit if they consider that such notification may make the inspection less effective. Consequently, paragraph 2 of section 47 ought also to be amended in order to leave it to the inspectors’ discretion to notify their presence to the employer or his representative or any other person responsible for the establishment or workplace. The Committee therefore once again asks the Government to take steps to bring the legislation into line with the provisions of the Convention and to provide information in its next report on any progress made in this respect, together with copies of any relevant texts.

Labour inspection and child labour. The Committee notes with interest that the handbook on combating the worst forms of child labour designates labour inspectors as key players in this combat. Noting the figures concerning supervision, prevention and advocacy in this area, the Committee requests the Government to supplement this information with details of actions brought by inspectors against employers found to be breaking the law on this subject, and to ensure that relevant statistics are included regularly and separately in the annual report to be published and communicated to the ILO under Article 20 and dealing with the subjects listed at Article 21.

The Committee is addressing a request on other matters directly to the Government.

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With reference to its observation, the Committee notes the information provided in reply to its previous comments. It notes in particular the activities undertaken with a view to the establishment of an inspection system based on appropriate legislation following the implementation of the MATAC/ILO project on the strengthening of labour administrations in Central American countries in 2002. The Committee notes that, according to the Government, the implementation of the project’s recommendations necessitates appropriate budgetary resources, the determination of a list of posts and the development of a training programme for labour inspectors. In addition, it is reported that a process of organizational and functional restructuring has been launched following a diagnosis on the labour inspection system with a view to making the operation of the labour inspection system more flexible, more effective and more professional. The Committee would be grateful if the Government would keep the ILO informed of the progress made in this process and if it would provide copies of any relevant legislation and documentation including, if possible, a copy of the diagnosis and the recommendations made.

Article 3, paragraph 1(b) and (c), of the Convention. Further to its previous comments, the Committee would be grateful if the Government would provide a copy of any legal text serving as a basis for the duties assigned to labour inspectors in relation to these provisions of the Convention.

Article 3, paragraph 2. Noting that, according to the Government’s report for the period ending 31 May 2001, labour inspectors are entrusted with the performance of certain administrative tasks, such as calculating the compensation and amounts payable to workers in the event of termination and drafting letters of resignation at the request of workers. The Committee requests the Government to indicate the manner in which it is ensured that the activities of labour inspectors are principally focused on the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and that the performance of their additional duties is not such as to interfere with or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Article 6. The Committee notes that, according to the Government, labour inspectors are covered by either a contract without limit of time or for a specified period of one year. However, in accordance with this Article of the Convention, labour inspectors should benefit from a status and conditions of service such as to assure them of stability of employment. The Government is therefore requested to take measures to bring the law and practice into conformity with the Convention on this point that is essential for the continuity of service necessary for the discharge of the duties of labour inspectors, and to keep the ILO informed.

Article 8. Noting that the access of women and men to positions as labour inspectors is subject to the same criteria and that the sex distribution of the inspection staff is relatively balanced, the Committee once again requests the Government to provide information on the distribution by sex of the staff at the various grades.

Articles 10 and 21(c). The Committee notes with interest the substantial increase in the number of labour inspectors between 2000 and 2003 and the project to recruit nine additional inspectors in 2004. The Committee requests the Government to continue providing information on this subject, while at the same time indicating the proportion of inspectors discharging duties relating to the enforcement of legal provisions on safety and health conditions and those competent in other fields. The Government is also requested to provide information on the number and geographical distribution of workplaces liable to inspection under the terms of the Convention and on the number of workers covered.

Article 11. The Committee requests the Government to indicate the manner in which it is ensured that the sums allocated to labour inspectors, under the terms of Decree No. 53 of 5 June 1996, to cover their professional travel expenses, are adjusted so as to be adapted to fluctuations in the cost of living.

Article 12, paragraph 1(a) and (b). The Committee notes that, according to the Government, the rights and powers envisaged by these provisions of the Convention are granted to inspectors as a direct effect of its ratification. However, the Committee hopes that the Government will take the necessary measures to provide a national legal basis (amendment of the law, regulations, administrative instructions or other measures) with a view to facilitating the exercise and legitimizing these rights and powers in the eyes of those interacting with the labour inspectorate. The Government is requested to provide information on any development in this respect and, where appropriate, to provide copies of any relevant text.

Article 12, paragraphs 1(c)(ii) and 2. The Committee notes that, according to the Government, section 47 of the Act organizing and determining the functions of the labour and social security sector is not contrary to paragraph 1(c) of Article 12 of the Convention. It supports this point of view by referring to section 38(b) of the Act, which provides that the labour inspector may interrogate alone, or before witnesses, the employer, the workers of the enterprise and the trade union leaders on any matters relating to the application of legal provisions. The Committee nevertheless wishes to point out once again that the provisions of section 47 of the Act, under which it is clear that the presence of the employer or her or his representative alongside the inspector is compulsory during inspections, is not in conformity with the exercise of the investigatory powers of inspectors as set out by the Convention. Indeed, in accordance with paragraph 2 of Article 12, inspectors shall be authorized to be exempt from the obligation to inform the employer or her or his representative of their presence in the workplace during an inspection where they consider that such notification may be prejudicial to the effectiveness of the inspection. The Government is therefore once again requested to take the necessary measures to amend the legislation accordingly and to keep the ILO duly informed.

Article 14. According to the information provided by the Government in its previous reports under this Convention and on Convention No. 129, the national legislation does not provide for the notification of industrial accidents or cases of occupational disease to the labour inspectorate, but to the general directorate of social insurance, which includes inspectors responsible for supervising occupational safety and health conditions and prevention at work. This notification is carried out for certain industrial accidents and cases of occupational diseases for all sectors together. Emphasizing, as it did in paragraph 86 of its 1985 General Survey on labour inspection, the importance of the notification of industrial accidents and cases of occupational diseases to the labour inspectorate with a view to the prevention of occupational risks, the Committee would be grateful if the Government would take measures rapidly to ensure that the relevant information is brought to the knowledge of the inspection services.

Article 17, paragraph 2. The Committee would be grateful if the Government would indicate whether it is left to the discretion of labour inspectors whether to give warning and advice instead of instituting or recommending proceedings. If not, the Government is requested to take measures to this end.

Article 18. With reference to its previous comments, and noting that the Government has not reported any development designed to ensure that financial penalties maintain the dissuasive nature that is indispensable to achieve compliance with the law, particularly in inflationary situations, the Committee once again requests the Government to envisage ensuring that measures are taken to put in place a sufficiently flexible and rapid procedure for the adjustment of the amounts of such penalties.

Articles 20 and 21. With reference to its previous comments and noting the hope expressed by the Government that it will be in a position to ensure the application of these two provisions, setting out the obligation of the central inspection authority to publish and communicate to the ILO an annual inspection report containing the information required by Article 21, the Committee draws the Government’s attention to the dual interest of such a report.

From the national point of view, an annual report is essential to assess the practical results of the activities of the labour inspectorate. It enables the national authorities to have at their disposal meaningful data on the application of the labour legislation and any of its shortcomings, from which they can draw useful lessons for the future. The publication of an annual report should also provide information to employers and workers and their organizations and elicit their reactions in a constructive spirit.

From an international point of view, the communication of such a report to the ILO, within the time limits set out in Article 20, is notably intended to enable the ILO’s supervisory bodies to follow developments relating to the application of the Convention and to provide useful guidance to assist the efforts made by member States with a view to progressively raising the level of achievement of the social objectives pursued by the instrument.

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Labour inspection and child labour. The Committee notes with interest the activities carried out in the context of the International Programme on the Elimination of Child Labour. It notes in particular the establishment of a National Committee for the Elimination of Child Labour and the formulation of a National Plan based on: the collection of information; the adaptation of the legislation; education; the creation of productive alternatives for the parents of working children; support; awareness-raising; and the determination of a list of the worst forms of child labour. The Committee also notes the implementation of a programme of which the objective is the elimination within a decade of the worst forms of child labour. The general strategy of this programme is to provide education to the children concerned, support the families of working children to improve their capacities and promote the creation of micro-enterprises with a view to improving the income of the families of these children so that they do not have to have recourse to the work of children for survival. The Committee would therefore be grateful if the Government would provide detailed information on the role assigned to labour inspectors in the strategy to combat child labour and if it would provide statistics on the results of the inspection activities carried out in this area.

The Committee is addressing a request directly to the Government on other matters.

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The Committee notes the Government’s report, the information supplied in response to its previous comments and the documents appended. The Committee notes also that, under the MATAC-ILO project, the Government receives assistance and technical cooperation for the purpose of modernizing the labour administration. It would be grateful if the Government would report on the progress of this project in terms of its implications for the application of the Convention, and provide a copy of any relevant texts adopted. In connection with its previous comments, the Committee wishes to draw the Government’s attention to the following points.

Article 3, paragraph 1, of the Convention. The Committee notes that pursuant to section 8(j) of Decree No. 682 of 11 April 1996 on the organization and functions of the labour and social security sector, the Ministry of Labour and Social Welfare is responsible for informing employers and workers about the application of labour standards. The Committee would be grateful if the Government would state whether this function comes under the labour inspectorate, as (b) of this provision requires, and whether labour inspectors are by law responsible, in accordance with (c), for bringing to the notice of the competent authority defects or abuses which are not specifically covered by existing legal provisions.

Articles 6 and 15. Noting that, according to the Government, the Act guaranteeing the right to a hearing of public employees other than those engaged in the administration of the State, ensures that labour inspectors have stability of employment and are independent of changes of government and of improper external influences. The Committee notes from the Government’s report, however, that observance of the principle of discretion prescribed by Article 15(b) is ensured by the enforcement of sections 5 and 41 of the Public Service Act. The Committee would be grateful if the Government would provide information on the nature and length of labour inspectors’ contracts and would send a copy of the Public Service Act.

Article 8. The Committee notes with interest that women account for 43 per cent of labour inspectorate posts and that they participate in the work of the interministerial committees responsible for the protection of women workers. The Committee would be grateful if the Government would provide information on the distribution by grade and sex of the entire staff of the labour inspectorate.

Article 11. The Committee takes note of the information concerning the significant improvement in the material working conditions of labour inspectors, including the service vehicles made available to them for travel in connection with work. The Committee would be grateful if the Government would indicate the number and geographical distribution of the abovementioned official vehicles and would provide a copy of the regulations on allowances to cover accommodation, transport and food costs referred to by the Government to illustrate the application of paragraph 2 of this Article.

Article 12, paragraph 1. The Committee notes that, according to the explanation given by the Government on the practical application of section 38(a) of the Act on the organization and functions of the labour and social security sector, inspection visits may be carried out by day and by night at workplaces liable to inspection but only in so far as the working hours of the establishment allow. The Committee wishes to stress the need to extend the exercise of this right of labour inspectors to any hour of the day or night as provided in the Convention, without excluding the rest periods of such establishments. Some technical controls can be carried out only when machines are not operating. Furthermore, unannounced visits during rest periods facilitate supervision of the application of legal prescriptions on the working hours and on illegal employment.

The Committee notes that the legislation does not provide, as required by (b), that labour inspectors must also be authorized to enter by day any premises which they may have reason to believe are liable to inspection. The Committee wishes to draw the Government’s attention to the case of establishments which, for one reason or another, are not registered or on record and are therefore not formally liable to inspection but which may nonetheless employ workers whose rights are covered by the labour legislation monitored by the inspection service.

The Committee notes that, according to section 47 of the Act on the organization and functions of the labour and social security sector, labour inspectors may visit a workplace only in the presence of the employer, the workers or their representatives. The Committee is of the view that this provision is contrary to paragraph 1(c), which allows inspectors to carry out enquiries either alone or in the presence of witnesses, and paragraph 2 which provides that on the occasion of an inspection visit, the labour inspector may decide whether or not it is advisable to notify the employer or his representative of his presence.

The Committee hopes that the Government will not fail to take the necessary steps, possibly through the MATAC-ILO project, to amend the legislation so as to bring it into line with paragraphs 1 and 2 of Article 12. The Government is asked to report on progress made in this regard.

Article 18. The Committee notes that the penalties for breach of the legal provisions enforceable by labour inspectors in accordance with the Convention are established by section 627 of the Labour Code and section 59 of the Act of the organization and functions of the labour and social security sector. The Committee wishes to draw attention to the advantages of ensuring that the value of fines remains sufficiently dissuasive, regardless of any currency devaluations, to encourage observance of the law. The Committee hopes that the Government will not fail to adopt measures to this end including an appropriate method for reviewing the amount of fines.

Articles 20 and 21. The Committee notes that, according to the Government, the activities report of the Directorate General of the Labour Inspectorate is officially published in the activities report of the Ministry of Labour and Social Welfare and can be accessed by all concerned. The Committee notes, however, that such a report is not sent to the ILO, and hopes that it will be sent in the near future and will contain information on every item set out in (a) to (g) of Article 21.

Labour inspection and child labour. Noting that the Government has recently ratified an ILO Memorandum of Understanding on the elimination of child labour, the Committee asks the Government to provide information on the effect given to the above agreement in practice, and to ensure that relevant statistics are included in annual inspection reports.

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The Committee notes the Government’s reports. It requests the Government to provide further information on the following points.

Article 3(1)(b) and (c), of the Convention.  Please indicate specific provisions of the national legislation giving effect to these provisions of the Convention.

Article 6.  Please indicate how it is ensured that labour inspectors are independent of changes of government and of improper external influences.

Article 8.  Please indicate the proportion of women inspectors and the special duties entrusted to them.

Article 10.  Please indicate the actual number of labour inspectors and particulars of the geographical distribution of the inspection staff.

Article 11(1) and (2).  Please indicate specific arrangements made to give effect to these provisions of the Convention, including details on the transport facilities available to inspectors for the performance of their duties.

Article 12(1)(a).  The Committee notes that, under section 38(a) of the Law on the Organization and Functions of the Labour and Social Security Sector, labour inspectors are empowered to enter freely without previous notice only during working hours any workplace liable to inspection, and not "at any hour of the day or night" as provided by this provision. The Committee asks the Government to indicate measures undertaken or envisaged to bring section 38(a) into conformity with this provision of the Convention.

Article 12(1)(b) and (c)(iv).  Please indicate how effect is given to these provisions of the Convention.

Article 12(2).  The Committee notes that, under sections 39(a) and 47 of the Law on the Organization and Functions of the Labour and Social Security Sector, labour inspectors are not free to decide whether to notify the employer or his representative of their presence. The Committee asks the Government to indicate measures undertaken or envisaged to bring the provisions of the law into conformity with the Convention so that inspectors are free to decide for themselves whether or not to notify the employer or his representative of their presence on visiting establishments

Article 13(2)(a) and (b).  Please provide information on the practical application of sections 38(f) and 65 of the Law on the Organization and Functions of the Labour and Social Security Sector.

Article 14.  Please indicate whether and, if so, how the General Directorate of the Labour Inspection is notified of industrial accidents and cases of occupational disease.

Article 15(b).  The Committee asks the Government to indicate the penalties or disciplinary measures prescribed for revealing by labour inspectors of manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties.

Article 16.  Please indicate specific measures taken to ensure adequate frequency and thoroughness of inspection visits.

Article 17(2).  Please indicate whether and, if so, how national laws or regulations give effect to this provision of the Convention.

Article 18.  Please provide information on the penalties prescribed for obstructing labour inspectors in the performance of their duties.

Article 20(1).  Please indicate whether the report on the activities conducted by the General Directorate of the Labour Inspection is officially published, and accessible to those interested.