Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s report and the replies to its previous comments.

1. Article 9, paragraph 3, Articles 10, 11 and 14, and Article 15, paragraphs 1(b) and 2, of the Convention. Human and material resources of labour inspection in agriculture. According to the Government, the Ministry of Labour has a technical body of labour inspectors who are trained to carry out activities in the agricultural sector. These inspectors benefit on a regular basis from legal and technical training programmes with a view to carrying out their duties. In reference to its observation under Convention No. 81, concerning the measures taken and envisaged to reinforce the human resources and improve the material means of the inspection services, the Committee asks the Government to provide detailed and statistical information on any such measures taken, in particular: (i) in terms of the number of inspectors appointed to carry out activities in the agricultural sector, including their geographical distribution; (ii) in terms of the transport facilities at their disposal; and (iii) in terms of the allocation of fuel and travel allowances to ensure the mobility which is vital to the carrying out of inspection visits in agricultural undertakings situated in isolated areas.

The Committee also asks the Government to communicate information on the content and duration of the training given to inspectors working in the area of agriculture during the period covered by the next report, and on the number of staff concerned, and to indicate if measures are taken, if needed, and as envisaged in Article 11 of the Convention, to ensure that experts are associated in the work of labour inspection with a view to solving problems demanding technical knowledge beyond the competence of the inspectors. Please describe, if appropriate, the manner in which technical experts are associated in the work of labour inspection in agriculture.

2. Articles 8 and 20. Observation of professional ethics by inspectors in agriculture and the obligation not to have any direct or indirect interest. In reference to its previous observation on the issue, the Committee notes the Government’s indication that no cases of corruption have been noted within the body of inspectors and that the national legislation contains, in Chapter II of section XVI of the Penal Code, a series of administrative and legal provisions applicable to public officials who commit or try to commit any abuse. The Committee also notes with interest the creation of a committee responsible for establishing the ethical principles of reference for activities performed by labour inspectors and for determining actions which are prohibited or incompatible for public officials. The Committee would be grateful if the Government would communicate a copy of the ethical rules for public officials, mentioned in its report, and provide information on the pay scale applied to other public officials with comparable responsibilities, such as tax inspectors.

3. Article 6, paragraph 1(a), and Articles 16, 20 and 21. Means of enforcing legislation on the working conditions and the protection of workers, the extent of the right to enter any agricultural undertaking freely, and the confidentiality of the source of complaints. The Committee notes with interest that the inspections carried out by inspectors in the agricultural sector include proactive activities, through scheduled visits, and reactive activities, through visits made following a complaint lodged by workers who consider their rights to have been violated. In reference to its comments on Convention No. 81 on the subject of the extent of the inspector’s right to enter freely any undertaking or workplace, the Committee asks the Government to provide any relevant information under this Convention (Article 16, paragraphs 1(a), (b) and (c)(i), and paragraph 2) and to indicate the manner in which it is ensured that the inspector treats as absolutely confidential the source of any complaint leading to a visit and gives no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint (Article 20(c)).

4. Article 6, paragraph 1(b), and Article 13. Provision of technical information and advice to employers and workers and collaboration between officials of the labour inspectorate in agriculture and employers and workers, or their organizations. According to the Government, activities to disseminate and promote labour legislation amongst workers and employers have been undertaken in various areas of the country in the form of awareness-raising discussions and through the distribution of information booklets to users, the press and via the Ministry web site, etc. The Government also indicates that a guide on the rights and obligations of workers has been prepared with a view to contributing to the consolidation of a culture of work based on dialogue and consultation between the social partners. Moreover, as indicated by the Government in its report received in 2002, officials of the labour inspectorate in agriculture collaborate with employers and workers or their organizations within the Higher Labour Council. The Committee notes with interest this information and would be grateful if the Government would supplement it with further details concerning: (i) the composition and the responsibilities of this Council; (ii) the frequency of its meetings; and (iii) the subjects linked to labour inspection in agriculture that are dealt with by the Council. The Committee also requests the Government to communicate any relevant text, activity report or other document.

The Committee is addressing a request directly to the Government on a number of other points.