Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Labour Inspection Convention, 1947 (No. 81) - Brazil (Ratification: 1989)

The Committee notes the information supplied in the Government's reports dated 25 October 1994 and 1 September 1995, as well as the various communications and the full documentation attached. The Committee also notes the report on the labour inspectorate for the period March to September 1995 provided by the Government on 29 November 1995.

1. In its previous comments the Committee referred to the observations made in 1991, 1992 and 1993 by the Gaucha Association of Labour Inspectors (AGITRA), the Association of Labour Inspectors of Minas Gerais (AAIT/MG) and the National Union of Labour Inspectors (SINAIT) on the application of the Convention, as well as on the difficulties encountered by the labour inspection service both with regard to conditions of work and the necessary staff for the discharge of its functions, and their related impact on the number of violations of labour legislation and on the combat against the most serious cases, such as forced labour (including child labour) and the retention of wages and other benefits due to employees (such as adequate food and accommodation). The Committee requested the Government to make comments on these observations.

The Committee notes with interest the measures adopted to improve the effectiveness of the inspection system, such as the commencement of the process of training and recruiting some 650 labour inspectors (notifications Nos. 5/94 and 3/95); the proposal to increase the current complement of inspectors, which is currently around 1,950 inspectors with the status of public servants, by the creation of 1,500 additional posts, of which 100 would be occupational physicians and another 100 occupational safety engineers; the adoption of rationalization measures in the activities and services of the labour inspectorate by means of, among other measures, the determination with the representative organizations of workers and employers of specific objectives and priorities for the work of the inspectorate, such as the inspection of registers of workers (the signature of workbooks) (Ministerial Decree Portaria No. 400/95) and contributions to the pension fund (FGTS) (Agreement/MTb/CEF/No. 001/95); the organization of calls for tenders (public tender competitions Nos. 1 to 4/94) for the purchase of computer equipment for the central and regional branches of the Ministry of Labour.

The Committee also notes the establishment of an Executive Group for the repression of forced labour and other measures (GERTRAF Decree No. 1538/1995), as well as the information provided by the Government in its report to the effect that priority is being given to the inspection of forced labour and work by children and young persons.

The Committee notes the statistical data for the inspection service in 1992 and 1993. The data show an increase in percentage terms in the number of enterprises inspected, the number of employees covered, the information and guidance provided to the public, certification activities, the offences reported and the dollar value of the fines imposed. Nevertheless, they also show a decrease in the number of inspectors, in the comments made in workbooks and their verification, and the value of the fines imposed. The number of inspectors declined in 20 states and only increased in one. This decline continued in 1994 (1,950 inspectors), although a greater number of enterprises were inspected (407,732). Nevertheless, the number of offences reported also decreased (100,632), while the value of the fines imposed increased (by about US$58 million to US$146 million). However, the fines actually paid stayed at a low level (US$22 million to US$27 million) between 1993 and 1994.

The Committee notes that, although the measures adopted by the Government represent important progress towards the resolution of the problems raised previously by the trade union organizations in their observations, it has not yet been possible to evaluate the effectiveness of the inspection system and its improvement, particularly with regard to the application of Article 3, paragraph 1(a), and Articles 9, 10, 11, 16, 17 and 18 of the Convention. The Committee would be grateful if the Government would provide information in its next report on the results achieved, particularly with regard to the inspection of work by young persons, forced labour, registers of workers, the comments made in workbooks and the contributions to the pension fund. The Committee would also be grateful if the Government would indicate the measures that are envisaged to improve the effectiveness in the recovery of fines that are imposed and the impact and adequacy of these fines on compliance with the relevant legal provisions.

The Committee notes with interest inter-secretarial instruction MTB No. 01/1994 establishing standards for inspection procedures in rural areas, which recognizes the need to implement a national policy concerning inspection in rural areas, with the objectives of guaranteeing the dignity of rural workers. The Committee notes that Brazil has not ratified the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

2. The Committee notes the information provided by the Government in reply to the observations made by the Union of Workers of the Triunfo Chemical and Petrochemical Industries (SINDIPOLO). The Committee notes that the matter raised is more related to the problem of the right of workers' representatives to accompany inspection visits and the application of Convention No. 148.

3. The Committee notes the communication from the Trade Union of Workers in the Civil Construction Industry of the State of Sergipe, together with other trade unions from the same State, alleging that the representative of the Ministry of Labour inhibits the work of the labour inspectorate, resulting in a serious occupational accident in the port of Sergipe. The Committee notes the Government's detailed reply indicating that the competent administrative and judicial authorities are examining the facts of this complex case, but that they have not yet reached a decision on them. The above accident is reported to have been caused by defects in the maintenance of the equipment on a vessel. The Committee requests the Government to supply further information, in the light of the measures intended to improve the inspection system mentioned in its report, on the effectiveness of the labour inspectorate in the port of Sergipe in ensuring the application of the relevant legal provisions respecting working conditions and protection of workers (Article 3, paragraph 1(a)).

The Committee is raising other matters in a direct request.