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

The Committee notes the Government’s report for the period ending 1 September 2008 and the table containing labour statistics for the first six months and July 2008, which do not deal with the subject covered by the Convention.

Following its previous comments on the need to supplement the labour legislation to strengthen the labour inspection system, the Committee notes that minor amendments were made to the Labour Code in 2005, which brought about a change in the order of its provisions but made no difference with respect to the labour inspection services, apart from the suppression of the function of sub-labour inspector.

Limited effects of international cooperation on the functioning of the labour inspection system: Findings and prospects. The Committee notes that the Government has not provided the information requested on the follow-up to the recommendations of the ILO/FORSAT multilateral technical cooperation project for the strengthening of labour administrations in Bolivia, Ecuador and Peru, of which one of the most important components was to be labour inspection. Referring to the information available to the ILO, it notes that although the project ended in April 2007, it had come up against two major obstacles when it was being carried out: its objectives were disproportionate to the political commitment involved; and political instability. The Committee nevertheless notes that, according to the project evaluation report, there had been an improvement in the system of labour registers and computerization and that, once it became operational, this system would be one of the best labour statistical systems in the region. It would make available updated information that was both reliable and of a high quality, thereby facilitating the design of public policies.

The Committee notes, however, that the recommendations of the FORSAT project with a view to improving the labour inspection system, such as, for example, the creation of a labour inspection directorate at national level, were not followed up. In this respect, the Government stipulates in its report, under Article 4 of the Convention, that the inspection services are placed under the supervision and control of the Director and Undersecretary of Labour in their respective constituencies, which is contrary to this provision under which they should be placed under the supervision and control of a central authority. Furthermore, the conclusions of the 2005 evaluation report of the labour inspection services in the cities of Quito, Guayaquil and Cuenca, were to be applied to inspection services throughout the country. Among the shortcomings of the inspection service, the same report emphasized that there was no body of regulations governing the structure, organization and functions of the labour inspection system or the status, power and obligations of inspectors; nor were there any provisions defining breaches of the legislation, the application of which was supervised by the labour inspectors, and the penalties applicable. Furthermore, it highlighted the inadequate human resources and material working conditions, including transport facilities for inspectors. Consequently, there is a low level of coverage of needs in this regard (inspection visits are not planned; those carried out are rare and performed on a reactive basis; and there is a lack of enforcement of obligations in the area of social security and occupational safety and health). The Committee notes that, despite the improvement in the labour data registration system, the Government continues to attribute its inadequate application of the Convention to the lack of human resources, and of material and data processing means. Moreover, it has not provided any information on the follow up to the pilot inspection plan for Guayaquil, drawn up within the framework of the FORSTAT project, including models for forms for inspection orders, reports on visits to establishments (inspections carried out, violations reported, follow-up action, indication of the body to which violations will be notified) and a model of the form summarizing the monthly report on inspection activities.

The Committee reminds the Government that, in ratifying this Convention, it undertook to take the necessary measures to implement its provisions in law and practice. It urges it to do its utmost to fulfil this commitment as soon as possible including, if necessary, with ILO technical assistance, especially to bring the legislation into conformity with regard to: the determination of the establishments covered (Articles 2 and 23); the functions and organization of the system (Articles 3, 4, 5 and 9); the status and conditions of service of the inspection staff (Article 6), their training (Article 7), their gender composition (Article 8), their prerogatives and powers (Articles 12, 13 and 17), their obligations of an ethical (Article 15) and functional nature (Articles 16 and 19); and the publication of an annual report on inspection (Articles 20 and 21).

The Committee urges the Government to ensure that the legislation is supplemented by the adoption of provisions classifying violations according to their nature and severity and establishing the type of penalties imposed on perpetrators; and that implementing regulations on financial penalties which allow for adjustment to monetary fluctuations should be adopted. The Committee hopes that the Government will submit information in its next report on any progress made in the application of the above provisions of the Convention and a copy of any legislation adopted to this effect.

The Committee would be grateful if the Government would communicate, in any event, the information available in its next report from the labour data registration system, such as the number, activities and geographical breakdown of the industrial and commercial establishments under the supervision of the labour inspection system; the number and categories of workers employed in these establishments (men, women, young workers), as well as any other information required by the competent authority to assess the needs of the labour inspection system in terms of human resources, material means, transport facilities and means of transport, and to determine priorities for action, taking into account the country’s economic conditions.

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

[The Government is asked to reply in detail to the present comments in 2009.]