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

With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee notes the Government’s report for the period ending 31 May 2005, the Decree of 16 March 2005 establishing the National Advisory Council for Labour Inspection Policy, Decree No. 186/004 of 8 June 2004 on the principle of proportionality in the penalties applicable for violations of labour legislation, Decree No. 67/99 on the allocation of travel expenses for officials in the central administration, and the tables on the distribution of costs between labour inspection activities during the year 2004.

The Committee also notes the observation made by the Inter-Union Assembly of Workers – National Convention of Workers (PIT-CNT), which was forwarded to the Government on 20 September 2005. Noting the recent change of Government and the new conception of industrial relations, the PIT-CNT hopes that the means of action of the labour inspectorate will soon be strengthened so as to improve the application of the Convention. From its viewpoint, the high incidence of employment accidents in agriculture is attributable to the generalized failure to comply with the labour legislation in rural areas, which is abetted by the inadequacy of the number of inspectors specializing in safety and health in agriculture, and particularly of transport facilities allowing inspectors to travel to workplaces, which are often difficult of access, such as rice farms and orange plantations.

1. Articles 12 and 27(c), (f) and (g) of the Convention. Effective cooperation between inspection services and the taxation and social security authorities with a view to the registration of agricultural undertakings liable to labour inspection. With reference to paragraphs 154 to 162 of its 2006 General Survey on labour inspection concerning the need for cooperation between inspection services and other approved public bodies and institutions with a view to establishing an effective system of inspection, the Committee notes with satisfaction that a one-stop system for the registration of enterprises is being established. The Committee hopes that the existence of a one-stop system common to the taxation, social security and labour inspection services for the registration and monitoring of enterprises will finally enable the central inspection authority to compile reliable information on the enterprises liable to inspection, the number and categories of workers engaged therein, occupational accidents and cases of occupational diseases, including their causes (Article 27(c), (f) and (g)).

2. Articles 14, 15 and 21. Resources of the labour inspection services and frequency of inspections. With reference to its previous observation and to the comments of the PIT-CNT concerning the shortcomings of the labour inspectorate in the field of occupational safety and health in agriculture, the Committee notes with interest, with regard to human resources, that the need for 40 new inspectors specially intended for occupational safety and health inspections throughout the economy has been included in the budget forecasts of the Ministry. Moreover, a competition should result in the appointment in the near future of 15 inspectors for general labour conditions and, with a view to improving the performance of inspectors and accelerating their impact, it is envisaged to recruit ten jurists and over 20 administrative officials.

The Committee also notes with interest that the number of vehicles available to the inspection services has been doubled, rising from four to eight vehicles, and that it is planned to further increase the number through the purchase during the course of the year of four four-wheel-drive vehicles to facilitate travel by inspectors to remote agricultural workplaces. With reference to its previous comments, the Committee notes with interest that forestry, rice, citrus fruit and sugar-cane plantations are now covered by programmed inspections, not only in relation to general conditions of work, but also working environment conditions. The Committee hopes that the objectives of strengthening the human and material resources and transport facilities of the labour inspectorate will soon be achieved and that their translation into practice will have the effect of improving the level of compliance with the legislation in the agricultural sector. It requests the Government to keep the ILO informed of any progress achieved in this respect, and particularly to indicate the measures adopted for the establishment of a one-stop system for the registration of enterprises, the establishment and continuous updating of a register of agricultural undertakings so as to enable the labour inspectorate to identify needs more effectively and establish a programme of inspections covering all the fields within its competence and all categories of agricultural undertakings throughout the territory, and to plan its implementation.

3. Article 24. Adequate and effectively enforced penalties. With reference to its previous comments, the Committee notes with interest the provisions of Decree No. 186/004 of 8 June 2004, issued under Law No. 15.903 of 10 November 1987, under which the penalties applicable to those committing violations of the labour legislation shall be established according to the degree of gravity of the infringement, which is defined taking into account a number of criteria, such as negligence, intent, the number of workers affected, repeated failure to comply with orders and the prejudice caused. With regard to occupational safety and health, the penalties shall be determined taking into account, among other factors, the permanent or temporary nature of the risk, the protection measures and devices established by the employer, and training and requirements relating to prevention against occupational risks. The Committee requests the Government to provide data to the ILO in its next report on the effect given in practice to the provisions of this text, particularly in the agricultural sector.

4. Articles 26 and 27. Annual report. With reference to its comments under Articles 20 and 21 of the Labour Inspection Convention, 1947 (No. 81), the Committee would be grateful if the Government would ensure that information specifically covering inspection activities in agricultural undertakings is published and communicated to the ILO on an annual basis, either as a separate report or as part of an inspection report covering other economic sectors.

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