Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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

Referring also to its observation under the Convention, the Committee requests the Government to provide further information on a certain number of points.

1. Article 2, paragraph 1, of the Convention. Scope of the system of labour inspection. The Committee recalls its comments made in 1996 under the Occupational Safety and Health Convention, 1981 (No. 155), in connection with the observations made by the Colonia de Pescadores Empregados e Artesanais de Angra dos Reis reporting employment accidents that have resulted in the death of fishermen. The Committee asks the Government to indicate measures undertaken or envisaged in order to establish adequate inspection structures in the fishing sector and to provide particulars on the work of the labour inspection in this field.

2. Article 6. Status and conditions of service of the inspection staff. The Committee asks the Government to indicate whether the national legislation prohibits public officials in general and the officials of the labour inspection in particular from performing in addition to their official duties any other services for remuneration and, if so, what penalties are prescribed for the violation of such prohibition, what is the procedure for its enforcement and whether there have been any cases of conviction of officials of labour inspection for connivance, corruption or extortion. The Committee also asks the Government to provide information on the average annual salary of labour inspectors in comparison with the average annual salary of government employees and the average annual wage in Brazil.

3. Article 9. Association of technical experts and specialists in the work of inspection. The Committee notes the indication in the observations communicated by the Trade Union of Alimentation Industries Workers of Jundiaí, Cajamar, Campo Limpo Paulista, Louviera, Itupeva, V reza Paulista and Vinhedo that trade unions submitted proposals for the modification of the system of labour inspection, including the transformation of the five existing categories of officials of the labour inspection (labour inspectors, labour doctors, engineers, social assistants and officials of hygiene and safety) into three categories: inspectors (absorbing officials of hygiene and safety and social assistants), doctors and engineers. Taking into consideration that the broadening of the participation of employers and workers in building a more efficient action model was placed among the guidelines of the National Programme to Combat Occupational Accidents and Disease, the Committee would be grateful if the Government could provide its comments on these proposals.

4. Article 15, paragraph (a). Prohibition from having any direct or indirect interest in the undertakings under supervision. The Committee asks the Government to provide information on the practical application of Article 15, paragraph (a), of the Convention, and, in particular, on the criteria and the procedure for its enforcement.

5. Article 18. Adequate penalties and their effective enforcement. The Committee notes the allegations in the observations by the trade unions that in case of industrial accidents owners of the enterprises often are not prosecuted and all payments are made at the expense of the system of social security. The Committee asks the Government to provide its comments on these allegations.

6. Articles 20 and 21. Annual reports. The Committee notes the Annual Report on the work of the labour inspection in the area of safety and health which includes, inter alia, statistics of industrial accidents and occupational diseases for 1994-96. The Committee asks the Government to indicate whether it was officially published and what is the procedure for access to such report by an interested party. The Committee also hopes that the Government will transmit to the ILO the latest annual general report.