Observación (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

The Committee notes the Government's report. It also notes the comments made by the Trade Union Association of Credit Enterprises on the manner in which the Convention is applied.

Articles 3 and 5. The Committee notes, in accordance with Legislative Decree No. 687 of 7 November 1996 respecting the unification of peripheral services and the reorganization of regional and provincial labour directorates, that regional labour directorates include a labour inspection section entrusted with the technical functions previously discharged by regional labour inspectorates, and that provincial labour directorates include a labour inspection section responsible for the technical functions of a legal nature related to the inspection activities previously discharged by provincial labour inspectorates. The Committee also notes, from the information provided in the Government's report, that the principal functions of the labour inspection system prescribed by Article 3, paragraph 1, of the Convention are discharged by different public structures, including the labour inspection services. It also notes that the labour inspection services fulfil functions in many related fields. The Trade Union Association of Credit Enterprises (ASSICREDITO) raises the issue of the transfer to local health units, under the terms of Act No. 833 of 23 December 1978, of the functions of the labour inspectorate with regard to prevention and occupational safety and health. The Committee had already expressed its concern in its previous observation with regard to the problems of coordination that such a transfer could create and refers in this respect to the comments of the Trade Union Association of Petrochemical and Allied Enterprises (ASAP). However, the Committee notes that the amendments to the legislation announced in the Government's report transmitted in 1991 to restore to the inspection services a large number of their functions in order to improve the coordination of the bodies contributing to supervision have not achieved their objective. The Committee recalls that, in accordance with point (a) of Article 5, the competent authorities shall make appropriate arrangements to promote effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities. It hopes that the Government will not delay the implementation of measures to give effect to this provision and that it will provide detailed information in its next report on any progress achieved in this respect.

Article 4. The Committee notes the Government's statement that the reforms to decentralize certain functions are under way, but that labour inspection will continue to be covered by the central administration, and it requests the Government to provide information on the progress made in these reforms and their eventual impact on the labour inspectorate.

Articles 20 and 21 of the Convention. The Committee notes that the last annual report of the inspection services transmitted to the ILO covers the year 1992. The Government's subsequent reports on the application of the Convention have described substantial changes in the law and regulations in the fields of the organization and distribution of the responsibilities inherent to the functions of labour inspection. The Committee regrets that, due to the absence for five years of annual inspection reports, it is not in a position to assess the impact of these changes on the progress made in practice in the application of the Convention. The Committee reminds the Government that copies of the annual reports on the work of the inspection services under the control of the central labour inspection authority shall be transmitted to the Director-General of the ILO within three months of their publication (Article 20, paragraph 3). It emphasizes that annual inspection reports are essential documents for the assessment of the functioning of the inspection system envisaged by the Convention and it requests the Government to take the necessary measures to ensure that the above reports, which must cover each of the subjects enumerated in Article 21, are in future transmitted to the ILO within the prescribed time-limits.