Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 81) sur l'inspection du travail, 1947 - Paraguay (Ratification: 1967)

Autre commentaire sur C081

Observation

Demande directe

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Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that joint inspections by the National Directorate of Migration (DNM) and the Ministry of Labour, Employment and Social Security (MTESS) have not been carried out. It also notes the information provided by the Government concerning the adoption of the Migration Act No. 6984 of 2022. Pursuant to this Act: (i) the employer must comply with the obligations arising from the labour legislation, irrespective of the migration status of the worker (section 7); and (ii) the DNM must inspect the workplaces of foreign workers in order to record possible violations relating to their migration status (section 79). The Committee requests the Government to continue to provide information on the number of joint inspections carried out by the MTESS and the DNM, the number of violations of the labour legislation detected and the number of labour rights restored to foreign workers without residence permits, including recovery of wages, overtime, annual leave and social security credits.

Article 5(a) and (b). Cooperation between the inspection services, other government services and institutions and workers’ organizations. In response to its previous comments, the Committee notes the information provided by the Government that: (i) the MTESS uses the information available to the Social Insurance Institute (IPS) in order to determine the number of workers with social security coverage; (ii) in 2020, in the context of the health crisis caused by COVID-19, the MTESS and the IPS created a support unit to deal with queries from workers affected by the suspension of their employment contracts concerning payment of the compensatory financial benefit payable by the IPS; (iii) in 2021, the MTESS launched the campaign to formalize domestic work in cooperation with the IPS, domestic workers’ unions and the ILO; and (iv) in 2022, the MTESS continued campaign to formalize employment in the various sectors of economic activity, including micro, small and medium-sized enterprises. While noting the information provided by the Government, the Committee requests the Government to indicate whether joint inspections by the MTESS and the IPS are still envisaged and, if so, to provide information on the number of joint inspections carried out, the results achieved and action taken as a result.

Articles 11, 12, 16 and 18. Application in the Chaco region. Further to its previous comments, the Committee notes the information provided by the Government that: (i) in 2018, the Regional Labour Directorate in Boquerón was opened with a view to facilitating access to information, consultations and complaints for indigenous and non-indigenous workers in Chaco; (ii) as a result of the awareness-raising and training days for labour inspectors, including those held in the context of the Paraguay Okakuaa project (2015) and the ATLAS project (2019–2022), the Directorate has made progress on compliance with indigenous workers’ labour rights during the past three years.

With respect to the activities of the inspection services in the Chaco region, the Government reports that: (i) pursuant to MTESS Resolution No. 1212 of 2021, intensive monitoring was put in place in livestock establishments in the departments of Boquerón and Alto Paraguay; (ii) in 2021, 13 inspection procedures were carried out in the eastern region of Chaco; (iii) in 5 of those procedures, violations of labour legislation on conditions of work and the protection of workers while engaged in their work affecting more than 170 workers, were detected; and (iv) the violation reports arising from those procedures were forwarded to the Legal Advice Directorate to launch the appropriate administrative proceedings.

Lastly, in reply to its previous comments on the observations submitted by the Central Confederation of Workers Authentic (CUT-A), concerning shortcomings in labour inspections in the Chaco region, the Committee notes the Government’s indication that when the MTESS is informed of any particular case, it can carry out inspections and refer the proceedings to the judicial authorities as appropriate. The Committee requests the Government to continue to provide information on the functioning of the labour inspection services in the Chaco region, including information on the number of inspection visits undertaken, the number and nature of violations detected and the nature of penalties imposed. While noting the absence of a reply from the Government in relation to the number of labour inspectors operating in the aforementioned region, the Committee once again requests the Government to provide information on this matter.

Article 18. Adequate and effectively enforced penalties for obstructing labour inspectors in the performance of their duties. Further to its previous comments, the Committee notes that under section 4 of MTESS Resolution No. 1212 of 2021, should it be necessary to do so, the national police may be requested to assist for the purpose of carrying out the requisite inspections.

The Committee further notes the information provided by the Government relating to the obstruction of labour inspectors in the performance of their duties in practice. Noting that the Government has not provided information on measures taken in order for the national legislation to provide adequate penalties regarding cases in which labour inspectors are obstructed in the performance of their duties, the Committee once again requests the Government to provide information on the measures taken to that end. It also requests the Government to continue to provide information on the number of cases of obstruction of labour inspectors in the performance of their duties, specifying those in which labour judges have issued a search warrant in respect of establishments liable to inspection and where inspectors were accompanied by the police, pursuant to section 3, 2.1.1 and 2.1.2 of Resolution No. 47 of 2016 and section 18 of Act No. 5115 of 2013.

Articles 20 and 21. Annual report on the work of the labour inspection services. Further to its previous comments, the Committee notes that the MTESS management reports for 2020 and 2021 available on its website contain information on the number of inspection visits undertaken, but do not include information on the other matters required under Article 21 of the Convention. While noting the Government’s indication that the General Directorate of Labour Inspection and Monitoring sends half-yearly reports on the work of the labour inspection services to the competent directorates of the MTESS, the Committee once again requests the Government to take the necessary measures to ensure that the annual reports on the work of the inspection services are published and communicated regularly to the ILO, and that they contain information on all matters covered under Article 21(a) and (g) of the Convention.

[The Government is asked to reply in full to the present comments in 2024.]