Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - El Salvador (Ratification: 1995)

The Committee refers the Government to its observation and to its comments under Convention No. 81. It requests the Government to provide additional information on the following points.

Article 5 of the Convention. The Committee requests the Government to indicate whether, in view of the improvements currently being made to the labour inspection system, it proposes to extend labour inspection in agriculture to workers who are not treated as wage earners by the legislation, such as those in the categories set forth in Article 5(a), (b) and (c).

Article 10. The Committee notes that women are treated equally with men in terms of eligibility to employment as labour inspectors in the agricultural sector. It notes however, that no women have as yet been appointed, owing to the climate of insecurity in certain agricultural areas. Being of the view that such a climate could be equally dangerous for male inspectors, as recent events in other parts of the world have shown, the Committee hopes that the Government will take steps to ensure, as far as is possible, the safety of men and women labour inspectors in the performance of their duties, particularly in rural areas.

Article 16. The Committee notes the Government’s explanations concerning the application of section 38(a) of the Act on the organization and functions of the Labour and Social Security Sector in conjunction with section 161 of the Labour Code regarding the conditions for the exercise by labour inspectors of their right to enter agricultural enterprises freely. It also notes that, in practice, working hours may vary from one enterprise to another. Recalling its remarks on this matter in paragraphs 157 ff. of its General Survey of 1985 on labour inspection, the Committee once again points out that, in order to ensure that supervision is effective, labour inspectors in agriculture need legal means to enable them to enter agricultural enterprises freely in accordance with the provisions contained in this Article of the Convention. It requests the Government to provide information on all measures taken to this end.

Article 16, paragraph 3. The Committee requests the Government to refer to its comments under Article 12, paragraph 2, of the Labour Inspection Convention, 1947 (No. 81) on the conditions for application of the principle that as a general rule inspectors shall notify their presence to the employer or his representative, and the application of the right of inspectors to refrain from such notification. It would be grateful if the Government would take the measures requested in respect of inspectors in the agricultural sector.

Article 17. The Committee requests the Government to supply a copy of the special regulations applying in the agricultural sector in particular, referred to in Regulation No. 2 of the Regulations on Safety and Health in Workplaces, which the Government referred to in answering the Committee’s previous comments on the subject of preventive inspections.

Article 19. According to the information supplied by the Government, labour inspectors are not informed of occupational accidents and instances of occupational disease by employers or any other body, but only through complaints made by the workers affected. In such instances, inspectors conduct inquiries in order to identify the causes of such accidents or diseases. The Committee stresses, as it did in paragraphs 86 and 89 ff. of its General Survey of 1985 on labour inspection, that it is important that the labour inspectorate should be informed of accidents at work and occupational diseases and that labour inspectors should participate in inquiries into their causes. The Committee accordingly requests the Government promptly to take measures to ensure that a suitable notification procedure is established for the inspection services covering agricultural enterprises, at least for the most serious cases, as provided by this Article of the Convention.

Articles 26 and 27. The Committee refers the Government to its comments under Articles 20 and 21 of the Labour Inspection Convention, 1947 (No. 81) and hopes that the Government will do its utmost to ensure that an annual report on the activities of the labour inspection services in agriculture, covering all the subjects set forth in Article 27(a) to (g), either in a separate annual report or as part of a general annual report, is shortly published and sent to the ILO within the time limit set in Article 26.