Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

With reference to its observation, the Committee would be grateful if the Government would provide further information on the following points.

Article 12, paragraph 1, and Article 13 of the Convention. The Committee notes that the powers of labour inspectors to supervise and issue orders, as set out in section 32 of Act No. 25.877 of 2004, are established in a broader and less detailed manner, in relation to these provisions of the Convention, than they are in section 7 of Annex II to Act No. 25.212 of 23 December 1999 issuing the Federal Labour Charter. The Committee would be grateful if the Government would indicate whether the 1999 text is still in force.

Article 12, paragraph 2. The Committee requests the Government to ensure that measures are taken to bring the legislation into conformity with the Convention with regard to: (i) the obligation of inspectors to notify the employer or her or his representative of their presence on the occasion of an inspection visit; and (ii) the discretion which should be accorded to them not to do so where they consider that such a notification may be prejudicial to the performance of their duties.

Article 18. The Committee requests the Government to specify whether the system of penalties for violations of the labour legislation set out in Annex II to Act No. 25.212 is currently in force and whether measures have been taken to set in motion a procedure for the adjustment of the amounts of fines taking into account any fluctuations in the value of the currency so as to maintain their dissuasive nature, which is essential for the achievement of the objective that they are intended to pursue.

Articles 20 and 21. The Committee notes the statistical tables for the years 2002, 2003 and 2004 on the staff of the labour inspectorate; and for 2003 and 2004, on the number of inspections, the violations reported and sanctions imposed and on industrial accidents and cases of occupational diseases. The Committee hopes that the Government will ensure that in the near future an annual report on the activities of the labour inspection services containing all the information required under Article 21 is published and communicated to the ILO by the central inspection authority in the form and within the time limits set out in Article 20.

Regional cooperation in the field of labour inspection. The Committee requests the Government to provide information on the action taken as a result of the three draft resolutions on joint inspection operations in the context of MERCOSUR, as announced in its report.

Safety and health in the construction sector. With reference to its previous comments, the Committee once again requests the Government to provide detailed information on the nature of the prevention activities implemented in the construction sector and their impact.