Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report for the period ending 31 May 2005, the information provided in reply to its previous comments and to the points raised by the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT) in 2003 and by the Association of Labour Inspectors of Uruguay (AITU) in 2004, as well as the new comments by the PIT-CNT forwarded by the Government. The Committee also notes the communication of Decrees No. 186/004 (code of penalties) of 8 June 2004, No. 114/005 of 16 March 2005 establishing the National Advisory Council on Labour Inspection Policies and No. 67/999 of 12 March 1999 on the allocation of travel expenses to officials of the central administration.

1. Articles 5, 7, 9, 10, 11 and 16 of the Convention. General situation of the labour inspection system; resources; collaboration and operation. The PIT-CNT considers that the Government has always conspicuously failed in its obligations under the Convention (inadequate human and material resources in relation to needs, important shortcomings in the operation of the inspectorate, particularly with regard to supervising occupational safety and health). In a comment made in 2003, the PIT-CNT referred more precisely to the lack of computer equipment and consumables, such as fuel for the journeys of inspectors, ink cartridges for photocopiers, common office supplies, etc., the age of the available vehicles and the slowness of the procedures for the reimbursement of travel expenses to inspectors. It deplored the exclusively reactive approach to inspection in response to complaints by a trade union or following an industrial accident, and the absence of the planning of routine inspections. The PIT-CNT also denied that the professionals referred to by the Government had the capacity of technical experts and specialists within the meaning of Article 9 of the Convention. According to the AITU, in a comment made in 2004, at the same time that the material conditions of work of the inspection services were declining and, in the absence of the necessary updating of their knowledge, inspectors were being entrusted with excessive responsibilities as a result of the dissolution of the National Port Services Administration (ANSE), but without the transfer of the corresponding assets and budget. In its recent comments forwarded by the Government referring to the change in the governing team, the PIT-CNT considered that the new approach based on tripartism in industrial relations gave grounds for hoping that there would be an improvement in the operation of the labour inspectorate.

In its report, the Government indicates that it has taken measures to strengthen the numbers and quality of the human resources of the labour inspectorate: the planned recruitment of 40 new labour inspectors for the Working Environment Conditions Division; the holding of competitions for career advancement and for the recruitment of at least 15 new inspectors for the General Working Conditions Division; and the recruitment of a chemical engineer and a statistical expert to support the inspection services on environmental working conditions. The Government indicates that the minimum qualifications and competence required for inspectors will henceforth be defined by protocol, and that the support of eight jurists, 25 administrative officials and other employees in the central labour administration should, according to the Government, also contribute to improving the quality of the work of the labour inspectorate.

With regard to the material resources of the inspection services, the Committee also notes the progress achieved or envisaged since March 2005: a substantial increase in the number of vehicles (from four to eight) and the planned acquisition of four-wheel drive vehicles to facilitate access to all enterprises, irrespective of their geographical location, the provision of fuel and the allocation of the necessary expense allowances for travel by labour inspectors. The Government also refers to a project for the computerization of inspection services and for publications useful to the social partners and other public institutions.

With regard to the repercussions of the dissolution of the ANSE for the workload of the labour inspectorate, the Government specifies that this institution operated as an employment exchange and not an agency responsible for supervising labour legislation, but that its disappearance does indeed result in an increased need for the presence of the inspection services to identify informal work in loading and unloading activities in ports, as well as conditions of work. According to the Government, there is a shortage of specific provisions relating to the port sector in this respect.

The Committee notes with interest the positive changes introduced rapidly by the Government to resolve the worrying situation of the labour inspectorate brought to its attention long ago by the trade union organizations. It remains attentive with regard to further developments, particularly the implementation of the planned budgetary measures and their translation into practice through the recruitment of the personnel that is indispensable for the proper operation of the inspection system, and the strengthening of its logistical resources and office and computer equipment. It therefore requests the Government to continue keeping the ILO informed in detail, with the communication of any relevant documents, of all developments in this respect, the difficulties encountered and changes in the quantity and quality of inspection activities. It also requests the Government to indicate the measures adopted in practice to develop the necessary communication between the labour inspectorate, the social partners and other services and institutions concerned with its operation.

2. Article 6. Status and conditions of service of labour inspectors. Principle of the exclusivity of employment in labour inspection functions. For several years, the Committee has been drawing the Government’s attention to the incompatibility of exercising a parallel professional activity with the requirements of performing labour inspection functions. This incompatibility was emphasized by the PIT-CNT, which considered that the constraints of employment in the private sector are such that they do not allow labour inspectors to update their skills to the level necessary for the discharge of inspection functions.

The Committee notes with interest the Government’s acknowledgment that parallel employment seriously undermines the energy necessary for the discharge of inspection functions and that it envisages remedying the situation through budgetary measures to improve the remuneration of labour inspectors. In response to the issue raised by the PIT-CNT concerning the disparity between the wages of tax inspectors and labour inspectors, the Government indicates that harmonization will be achieved in three stages, leading to the establishment of the principle of the exclusivity of their functions, which is already in force for officials of the Directorate General for Taxation. The Committee notes this information with interest and hopes that the budgetary measures to improve the level of remuneration of labour inspectors will take into account the significance of their socio-economic function and that they will no longer be compelled, to ensure their subsistence and that of their families, to engage in parallel employment in the private sector. The Committee wishes to emphasize once again that the function of labour inspection implies in practice that the officials engaged therein devote their full working hours and energy to their function, away from any improper external influences. A relationship of subordination with an employer is indeed likely to give rise to a conflict of interests jeopardizing the independence, authority and impartiality that are necessary to labour inspectors in their relations with employers and workers. Noting once again the Government’s reference to a procedure under which labour inspectors are required to declare under oath their second employment, with an indication in their personnel file, it cannot overemphasize the importance of reconsidering the matter in view of the credibility and probity required of labour inspection personnel.

With reference to the disparity between the salaries of labour inspectors and the labour inspection officials originating from the PLUNA (the former air passenger transport enterprise which has been privatized), which was also raised by the CIIT and the PIT-CNT, the Government indicates that, if these officials are not included in the labour inspection budget and discharge their functions under individual contracts, this is because they have refused integration into the inspection staff at the lowest level of the career structure, which is the procedure in force to ensure that current officials are not prejudiced. It indicates that five-yearly budgetary provisions are being prepared with at view to resolving this problem. The Committee hopes that the Government will implement the measures envisaged rapidly with a view to improving and harmonizing the status and conditions of service and of advancement of labour inspectors, in accordance with the letter and spirit of the Convention, and that it will keep the ILO informed rapidly, particularly through the provision of the relevant documents.

3. Article 3, paragraph 1(c). Role of the labour inspectorate in the improvement of the legislation and tripartite collaboration for the development of labour policy and legislation. The Committee notes with satisfaction the measures adopted by the Government to improve the labour legislation, including the establishment by Decree No. 114/005 of the Tripartite National Advisory Council for Labour Inspection Policy, chaired by the General Labour and Social Security Inspector, the responsibilities of which include promoting the adoption of legal provisions on the prevention of occupational risks and the improvement of working conditions, and the establishment, in the context of the agreement concluded by the Ministries of the Economy, Finance and Labour, of a tripartite commission on labour legislation. Furthermore, it is planned to establish a working group on the amendment of Decree No. 392/80 determining the list of documents for supervision which must be maintained by all establishments employing staff.

With reference to the comments made by the AITU concerning the absence of reaction by the higher labour inspection authority to reports by inspectors of abuses in cleaning and security enterprises, and the recommendations to remedy the corresponding shortcomings in the legislation, the Committee notes with interest the Bill to establish solidarity by subcontracting enterprises in relation to wage claims and the prevention of occupational risks. In the view of the Government, once adopted, this text should go a long way to remedying the abuses existing in service, security, forestry and cleaning enterprises. The Committee would be grateful if the Government would keep the ILO informed of any development in relation to labour policy and legislation on the conditions of work and the protection of workers while engaged in their work and provide information and documents on the operation of the tripartite bodies referred to above and the action taken on their recommendations. It requests the Government to provide information on any measures taken or envisaged with a view to the adoption of specific provisions applicable to labour inspection in ports.

4. Article 14. Notification to the labour inspectorate of industrial accidents and cases of occupational disease and the publication of information on occupational risks. With reference to its previous comments on the subject concerning, firstly, the disappearance indicated by the AITU of a publication of the State Insurance Fund and, secondly, the opinion expressed by the PIT-CNT in 2003 concerning the responsibility of the Government to organize the communication of information on industrial accidents and cases of occupational disease, the Committee notes with interest the Government’s announcement for 2006 of the organization and compilation, with the support of a statistical expert, of all the relevant information. It would be grateful if the Government would communicate this information to the ILO for the period covered by the next report on the application of the Convention and take measures for its inclusion in the annual report envisaged in Articles 20 and 21. It also once again requests the Government to provide copies of the legal provisions governing the procedure for the notification of industrial accidents in each of the sectors covered by the Convention.

5. Article 18. Appropriate penalties. According to the PIT-CNT, the procedures followed for the imposition of penalties on those committing violations of the legislation for which labour inspectors are responsible are not adapted and do not take into account repeat offences in the amounts of fines. Furthermore, as the receipt of fines is the responsibility of the division responsible for legal affairs, labour inspectors are not informed of the measures taken as a result of their action. The Committee notes with satisfaction in relation to the first point, Decree No. 186/004 of 8 June 2004, under which violations of the labour legislation are classified according to their nature and taking into account the right affected, and the financial penalties applicable are determined on the basis of parameters such as negligence, wilful intent, the number of workers concerned, repeated failure to comply with orders and the damage caused. The Committee would be grateful if the Government would indicate whether it envisages taking measures to ensure that inspectors are kept informed of the penalties applied in practice so that they can assess the impact of their action and the dissuasive effect expected from these penalties.

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