Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes the Government’s detailed report, the information replying in part to its previous comments and the documentation sent to the ILO on 31 October 2008. The Committee’s previous comments addressed issues raised by the Workers’ Union of the Road Transport of Liquids and Gases, Oil Derivatives and Chemical Products of the State of Rio Grande do Sul (SINDILIQUIDA/RS) in a communication accompanied by abundant documentation, received at the ILO on 29 August 2007 and forwarded to the Government on 11 September 2007.

The Committee also notes the comments from the Single Confederation of Workers (CUT) on the application of the Convention, received at the ILO on 16 September 2008 and forwarded to the Government on 22 September.

With regard to the comments by SINDILIQUIDA/RS, the Committee noted previously that they echoed those submitted by the Gaucha Association of Labour Inspectors (AGITRA) in 2004 on the ineffectiveness of prosecutions and penalties. According to these comments, Article 13, paragraph 1, and Articles 17 and 18 of the Convention are not applied as situations involving imminent and serious danger to workers are not remedied and the persons found to be in breach of the law are not sanctioned. Furthermore, no annual inspection report is published. In the view of the above organization, for labour inspection to be credible and efficient those breaking or failing to apply the law should be prosecuted rapidly and the penalties effectively applied. It adds that orders issued by labour inspectors are challenged before the courts, which are so slow in handing down decisions that the supervisory function is completely undermined. The organization reports situations in which workers were exposed to serious risks in the supply terminals of multinational companies, for which no real remedies have been applied. However, it did not provide the evidence in support of this allegation that it said was appended to the observation. It denounces as an incentive not to comply with the legislation the shelving in many cases of violations reported by the labour inspectorate and the consequent impunity of the offenders.

The organization urges the effective application of Article 21 of the Convention, the publication of statistics of the offences reported and the penalties applied, as well as transparent administrative and judicial procedures.

The Committee has already commented on the matters raised by the CUT, which concern various shortcomings in the labour inspection system (too many additional duties (Article 3, paragraph 2); lack of inspectors (Article 10); violence against inspectors; ineffectual system for the punishment of offences (Articles 17 and 18)).

Since the Government’s report arrived late, the Committee will examine it at its next session (2009) along with any further comments the Government may wish to send to the Office on the points raised by SINDILIQUIDA/RS in 2007 and the CUT in 2008.