Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

With reference to its comments on the application of Convention No. 81, the Committee notes the information contained in the Government’s report in reply to its previous comments, and the General Regulations on travel expenses.

International cooperation and ILO technical assistance. The Committee notes that an assessment of the situation of labour inspection has been undertaken during 2008 by the ILO in the context of the regional project RLA/07/04M/USA for the strengthening of public labour administration systems and that the plan of action for its implementation is currently being implemented.

Articles 9, paragraph 3, 10, 11, 14 and 15 of the Convention. Human and material resources of the labour inspectorate in agriculture. The Committee notes that, according to the Government, 26 labour inspectors, distributed between the central office in San Salvador (13), the regional offices of Santa Ana (1) and San Miguel (2), and the departmental offices of Sonsonate (1), Zacatecoluca (4), Unión (2) and Usulután (3) are engaged in inspection functions in agriculture. It notes that eight vehicles are available, two of which are at the central office and one each at the regional offices of Santa Ana and San Miguel, as well as at the departmental offices of Sonsonate, Zacatecoluca, San Miguel and Unión. The use of these vehicles is planned so as to reduce transport costs. According to the Government, the Regulations respecting travel expenses in the version published on 15 June 2000 are intended to regulate their use by employees recruited under the Act respecting wages, contracts and daily wages who travel on official missions or to places other than their workplace. They determine the basis and arrangements for the reimbursement of fuel costs, the repair of damages that are not attributable to the officials concerned, and tickets for public transport.

In reply to the Committee’s request for information concerning any specific training provided for inspectors in agriculture, the Government has provided a report on training activities undertaken in 2006, 2007 and January 2008 for labour inspectors, safety and health inspectors, occupational safety technicians and inspectors responsible for gender issues. The Committee nevertheless notes that the table indicating the subjects of the training courses and their duration, and the number of participants, makes no mention of specific training targeting labour inspection in agricultural undertakings. Furthermore, according to the Government, the collaboration of experts has never been called upon to resolve problems requiring technical knowledge going beyond the competence of inspectors. The Committee would be gratified if the Government would provide its assessment of the adequacy of the resources and transport facilities of the labour inspectorate in relation to the specific needs arising out of the remoteness and geographical dispersion of agricultural undertakings, and to indicate the manner in which reimbursement is provided in practice for the travel expenses envisaged in the above Regulations respecting the use of travel allowances (monitoring of kilometres, average wait for reimbursement, etc.).

The Government is requested to take measures to ensure that, in accordance with Article 9, paragraph 3, labour inspectors in agriculture receive adequate training, as well as further training in the course of their employment, and that they can avail themselves of the collaboration of duly qualified technical experts and specialists (physicians, chemists, security engineers) to solve problems requiring technical knowledge beyond their competence.

Articles 8 and 20(a). Conditions of service of labour inspectors in agriculture. Compliance with professional ethics and prohibition from having any interest in undertakings under their supervision. The Committee notes that, contrary to the indication in the Government’s report, the text of the ethical standards for the public service has not been provided to the Office. It notes that, in reply to its request for information concerning the pay scale of inspection staff in comparison with other categories of public officials with comparable responsibilities, the monthly salary is 1,058.25 Salvadorean colones (SVC) for the Chief of the Inspection Department in Agriculture, SVC748.67 for the Chief of the Inspection Section in Agriculture, SVC665.91 for supervisors of the Inspection Department in Agriculture and SVC624.55 for labour inspectors in agriculture.

With regard to the remuneration of other public officials, the Head of Inspection in the El Salvador Social Security Institute (ISSS) receives a salary of SVC1,600, the inspection supervisor receives SVC1,250 and inspectors receive SVC777. This information shows a substantial inequality to the detriment of officials in the labour inspection structures responsible for agriculture. The Committee hopes that measures will be taken rapidly to improve the conditions of service of labour inspectors, and particularly their remuneration, so that they correspond to the high level of responsibilities with which they are entrusted at each level and to ensure that they are independent of improper external influences. It requests the Government to supply information on any development in this respect and to provide the text of the ethical standards to which it refers in its report.

Physical security of labour inspectors during inspections in agricultural undertakings. The Committee notes that, in reply to its request for information on any measure that has been taken or is envisaged to ensure the security of labour inspectors in agriculture, the Government indicates that since 2004 members of the rural police have been deployed in agricultural areas with responsibility for ensuring the security of the population. It adds that the presence of the police in the various rural areas has contributed to restoring the confidence of the inhabitants and to ensuring the security of inspectors where they discharge their functions. The Committee would be grateful if the Government would provide further details on the manner in which labour inspectors can have recourse to these forces of order in the event of threats or aggression by employers opposing inspection. It also requests the Government to provide examples of cases in which labour inspectors have been exposed to violence in practice and the protection provided.

Article 16, paragraphs 1(c)(i) and 3, and Article 20(c). Powers of investigation and the confidentiality of the source of any complaint. The Committee notes the explanations provided by the Government on the extent of the right of entry of inspectors to workplaces liable to inspection, and the legal provisions intended to ensure confidentiality as to the source of complaints. The Committee is bound to emphasize once again that section 47 of the Act of 1996 respecting the organization and operation of the labour and social security sector, under which labour inspectors may only carry out inspection visits of workplaces in the presence of the employer, the workers or their representatives, is contrary to the Convention. Indeed, in accordance with Article 16, paragraph 1(c), of the Convention, inspectors should be empowered to carry out interviews alone or in the presence of witnesses. Furthermore, under the terms of paragraph 3 of this Article, labour inspectors should be able, on the occasion of an inspection visit, to refrain from notifying the employer or his representative of their presence where they consider that such notification may be prejudicial to the performance of their duties, with the objective of guaranteeing the effectiveness of the inspections and the confidentiality of the source of complaints (Article 20(c)). The Committee therefore hopes that the Government will not fail to take the necessary measures finally to give full effect to these provisions of the Convention, particularly in the context of the legislative reform envisaged in the framework of the plan of action that is under way following the recent assessment of labour inspection, particularly through the removal of section 47 of the Act respecting the organization and operation of the labour and social security sector. It would be grateful if the Government would keep the ILO informed.

Article 6, paragraph 1(b), and Article 13. Collaboration between officials of the labour inspectorate in agriculture and employers and workers or their organizations. The Committee noted in a previous report from the Government (2002) the existence in the Higher Labour Council of collaboration between officials of the labour inspectorate in agriculture and employers and workers or their organizations and it requested further information in this respect on: (i) the composition and the responsibilities of the Council; (ii) the frequency of its meetings; and (iii) the subjects related to labour inspection in agriculture dealt with by the Council. It also requested the provision of any relevant text, activity report or other document. The Government indicates that the Higher Labour Council is an advisory body entrusted with examining, at the request of its constituents, social matters and regulations issued under the Labour Code. It is composed of eight representatives of employers, workers and the Government, respectively, and it provides an institutional framework for dialogue and the promotion of concerted economic and social action between the public authorities and the social partners. It is also consulted on issues relating to the participation of the country in international forums concerning matters that lie within its competence and with regard to the application of the international standards adopted by the ILO. Meeting twice a month at the level of its steering committee, at the request of any of its members, and in plenary session twice a year at times deemed appropriate, the Council has not yet dealt with issues relating to labour inspection in agriculture. The Committee requests the Government to indicate whether measures have been taken or are envisaged to extend the fields covered by this body so that it can provide views for the improvement of conditions of work and living conditions in agricultural undertakings, particularly in plantations and other intensive agricultural undertakings, such as an opinion on the General Bill for the prevention of risks in workplaces, which is in the process of being adopted. If such measures have been taken, the Committee would be grateful to be provided with information on the subjects dealt with and the outcome of the Council’s work.