National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
DISPLAYINEnglish - French - Spanish
Previous comment
The Committee takes note of the Government’s report received in September 2009, in reply to its previous comments as well as the documentation attached.
Articles 7 and 8 of the Convention in connection with Articles 5 and 6. According to the Government, the representative employers’ and workers’ organizations were to be consulted in the first quarter of 2010 to validate the final proposals for labour market research while the statistics on the economically active population, employment and unemployment, continue to be provided to the ILO for publication in the Yearbook of Labour Statistics and for dissemination in the ILO website. Moreover, according to the information available at the ILO, the next population census will be conducted in 2011. The Committee would be grateful if the Government would continue to supply data as soon as practicable.
Article 9(2). Referring to its previous request, the Committee notes with interest (though the report contains no relevant information), that this provision is now applied according to information available at the ILO showing that statistics of average wage rates and normal hours of work are compiled and have been transmitted to the ILO for publication in the October Inquiry (the latest data refer to 2008). The Committee asks the Government to keep the ILO informed of any developments of the “new” survey as indicated in the Government’s report and encourages it to continue to send to the ILO the statistics as soon as available. It draws to its attention the new international standards concerning the measurement of working time (see Resolution I adopted by the 18th International Conference of Labour Statisticians, accessible via http://ilo.org/global/What_we_do/ Statistics/standards/resolutions/lang--en/docName--WCMS_112455/index.htm, whose larger number of concepts and measures would seem to be better aligned to national practice).
Article 10. In reply to the Committee’s previous comment, the Government indicates that, as for Article 9, measures have been taken to investigate the distribution of wages and of hours of work, according to the guidelines contained in the Labour Statistics Recommendation, 1985 (No. 170), Paragraph 5(2)(b). The Committee understands that statistics on the distribution of wages have not yet been compiled. The Committee asks the Government to keep the ILO informed of any further developments relating to the distribution of wages and hours of work, according to the relevant guidelines contained in Recommendation No. 170.
Article 11. The Committee notes with regret that the Government does not plan to compile statistics of labour cost in the short run and normally derived from an establishment/employers’ survey or estimated on the basis of earnings surveys and administrative records. The Committee asks the Government to take steps to compile and publish statistics on the level and structure of labour cost, in accordance with the Resolution on Statistics of Labour Cost adopted by the 11th International Conference of Labour Statisticians (1966) and Paragraph 6 of Recommendation No. 170 and to keep the ILO informed of any development in this regard. The Committee asks the Government to ensure that these statistics cover important branches of economic activity and if possible, that they are consistent with data on employment and hours of work from the same source and of the same scope.
Article 13. The Committee notes that the Government has conducted Household Income and Expenditure Surveys in 1949, 1961, 1974, 1988 and 2004–05. The latest Survey (Encuesta nacional de ingresos y gastos 2004–05) was conducted in the period April 2004 to April 2005 on a sample of 5,520 dwellings distributed throughout the whole county. It also notes that additional information about living standard of the population, income distribution and poverty incidence is collected through the multipurpose household survey (Encuesta de hogares de propositos multiples) that is being conducted in July of each year. Referring to its previous request, the Committee also notes the information requested under Articles 2, 5 and 6. Noting, however, that the Government’s report does not provide the information requested on whether the representative organizations of employers and workers have been consulted for the 2004‑05 survey in designing or revising the concepts, definitions and methodology used in the collection, compilation and publication of the statistics required under Article 13, the Committee asks it to provide full information in this regard. It also points out that Household Income and Expenditure Surveys should be conducted with frequency not exceeding 5 years and asks the Government to keep the ILO informed about the plans to conduct the next round of Household Income and Expenditure Survey.
Article 14. It appears from the general information provided in the Government’s report, the statistics attached, and those regularly transmitted to the ILO for publication in the ILO Yearbook of Labour Statistics, that the provisions of this Article remain only partially applied. In 2007, the coverage of the statistics was limited to about 53 per cent of workers employed. Available information is insufficient to determine whether these data are representative of the country as a whole. Relevant information is needed regarding:
(a) the international standards that may have been taken into account when the statistical system was established or revised (Article 2);
(b) whether any employers’ or workers’ organizations were consulted (Article 3);
(c) whether a methodological description has been established and published (Article 6); and
(d) the methods used to compile statistics of occupational diseases, if any.
Consequently, the Committee asks the Government to provide information on:
– the standards and guidelines established under the auspices of the ILO that were followed when the concepts, definitions and methodology used for the statistics on occupational injuries were designed or revised (Article 2);
– the manner in which workers’ and employers’ organizations are consulted (Article 3);
– to transmit to the ILO the publications entitled “Estadísticas del seguro de riesgos del trabajo”, INTE 31-09-01-2002: Registro, clasificación y estadistica de lesiones del trabajo and/or the titles and reference numbers of the principal publications containing the statistics and the detailed descriptions of the sources, concepts, definitions and methodology used in collecting and compiling the statistics on occupational injuries (Articles 5 and 6);
– the measures that are planned, if any, to extend the coverage of the statistics of occupational injuries so that they are representative of the country as a whole;
– the compilation and publication of statistics on occupational diseases, if any.
Article 15. In view of the total absence of statistics of strikes and lockouts as reported in the Government’s reply to its previous request, the Committee requests the Government to keep the ILO informed of any developments concerning the extent to which effect may be given to Article 15 in future, in order to supply statistics and relevant methodological information to the ILO for international dissemination, in view of its obligations under the relevant Articles 2, 3, 5 and 6.
The Committee takes note of the Government’s first report. It notes with interest from the available information that Articles 7, 8, 9, paragraph 1, and 12 appear to be applied. It notes, however, that Articles 10, 14 and 15 are applied in part and that no measures appear to have been taken to give effect to Articles 9, paragraph 2; 11 and 13. It draws the Government’s attention to the following points.
Articles 7 and 8 of the Convention. Data from the labour survey. According to Article 3, in order to take account of their needs and to ensure their cooperation, the representative organizations of employers and workers must be consulted in the design or revision of the concepts, definitions and methodology used in the collection, compilation and publication of the statistics required under the Convention. The Government is requested to indicate the measures taken to give effect to this provision in the context of the survey on the economically active population.
Article 9. While noting that the basic requirements laid down in paragraph 1 of this Article are met as regards the statistics compiled on average monthly earnings and normal weekly hours of work (instead of hours actually worked or hours paid for) from the annual household survey, the Committee observes that statistics of time rates of wages and normal hours of work have not been compiled, as paragraph 2 of this Article requires. It accordingly requests the Government to provide information on the measures taken or envisaged to compile: (i) statistics of average hours of work (hours actually worked or hours paid for) classified according to sex and, if appropriate, to other important characteristics, following the guidelines given in Paragraph 3(1) and (2) of Recommendation No. 170, which supplements the Convention; and (ii) statistics of time rates of wages and normal hours of work, following the guidelines in Paragraph 4(1) of the same Recommendation.
Article 10. The Committee points out that this Article requires statistics to be compiled on the structure and distribution of wages, i.e. detailed data on the composition of earnings (such as basic pay, premium pay for overtime, remuneration for time not worked and bonuses and gratuities), and on the structure of hours actually worked or hours paid for, particularly in respect of normal working hours and overtime - following the guidelines in Paragraph 5(2)(b) of Recommendation No. 170. The Government is therefore requested to keep the Office informed of any measures taken or envisaged to ensure that such statistics will be compiled.
Article 11. The Committee would be grateful if the Government would provide information on any measures taken or envisaged to ensure that statistics of labour structure and cost are compiled and published in accordance with the resolution concerning statistics of labour cost adopted by the Eleventh International Conference of Labour Statisticians (1996) and Paragraph 6 of Recommendation No. 170. The Committee points out in this connection that these statistics should cover important branches of economic activity and, where possible, should be consistent with data on employment and hours of work, be drawn from the same source and have the same coverage.
Article 12. The Government is asked to specify the international standards and guidelines taken into consideration in applying this provision.
Article 13. The Committee notes that a new survey on household income and expenditure is under way for the period 2004-05, and hopes that the Government will take into account the latest international standards on the subject, adopted by the Seventeenth International Conference of Labour Statisticians (Article 2). It also hopes that the Government will not fail to consult the representative organizations of employers and workers (Article 3) and that relevant information on the survey will be sent in accordance with Articles 5 and 6 of the Convention.
Article 14. The Committee would be grateful if the Government would provide information on the standards and guidelines established under the auspices of the ILO that were followed in designing or revising the concepts, definitions and methodology used for the statistics on occupational injuries (Article 2). Please indicate the manner in which the representative organizations of employers and workers are consulted (Article 3), and provide the ILO with a copy of the publication Estadisticas seguro de riesgos del trabajo and/or the title and reference number of the main publication containing the statistics and detailed descriptions of the sources, concepts, definitions and methodology used in collecting and compiling statistics of occupational injuries (Articles 5 and 6), together with any available information on the measures envisaged to extend the coverage of statistics on occupational injuries so that they are representative of the country as a whole, and information on the compilation and publication of any statistics of occupational diseases.
Article 15. The Committee asks the Government to provide information on the standards and guidelines established under the auspices of the ILO that were followed in designing or revising the concepts, definitions and methodology used for the statistics on strikes and lockouts (Article 2).
Lastly, the Government is asked to indicate the manner in which employers’ and workers’ organizations are consulted (Article 3) and to indicate the title and reference number of the principal publication containing the statistics and detailed descriptions of the sources, concepts and methodology used for the collection and compilation of statistics on strikes and lockouts (Articles 5 and 6).