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

Labour Inspection Convention, 1947 (No. 81) - El Salvador (Ratification: 1995)

Referring also to its observation, the Committee draws the Government’s attention to the following points.

Articles 2 and 23 of the Convention. Scope of the labour inspection system. According to data from the Salvadorian Social Security Institute (ISS), the number of workplaces liable to labour inspection is 29,630, and the number of workers employed therein is 112,212. The Committee requests the Government to indicate whether these figures refer to industrial and commercial establishments covered by the Convention and the workers employed therein. If not, it would be grateful if the Government would supply further information on industrial and commercial establishments, particularly with regard to their geographical distribution.

Article 4. Structure of the labour inspection system. The Committee notes the Government’s statement that it is planned to merge the department for the inspection of occupational safety and health with the directorate-general of labour inspection in the same ministry. It requests the Government to provide information on any developments in this area and send copies of any relevant documents, where applicable.

Articles 7, 8 and 10. Numbers of male and female inspectors. The Committee notes that, according to the Government’s statements in its report, 138 inspectors responsible for industrial relations and 76 inspectors responsible for occupational safety and hygiene were recruited in 2006 and 2007. However, it notes that the table included in the report refers to a total of 117 inspectors and 67 occupational safety and hygiene technical inspectors. The Committee would be grateful if the Government would provide further information with regard to the composition of serving inspection staff, including the distribution by grade of male and female inspectors. It also requests the Government to describe the activities which comprise the training module entitled “Social audit for labour inspectors” (“auditoria social para los inspectores de trabajo”).

Article 11. Means of action and conditions of work of labour inspectors. The Committee notes that, since November 2007, the Ministry of Labour and Social Welfare has had new facilities and more space, which has enabled the of its central offices to be grouped together in a single location and facilitated the necessary coordination between the different departments. The labour inspectorate and the occupational safety inspectorate now conduct joint inspection visits. In addition, the increase in the ministry’s budget has made for improvements in the conditions of work of inspectors, particularly in the form of additional furniture (chairs, tables for meetings), and also stationery and office equipment. The Committee also notes with interest an increase in their transport facilities. The Committee would be grateful if the Government would describe the resources and/or transport facilities for labour inspectors and state their geographical distribution.

The Committee also requests the Government to indicate the impact of improved conditions of work on the functioning of the labour inspectorate and also on the results thereof in the next reporting period.

Article 17, paragraph 2. Labour inspectors’ discretionary choice of action to follow up reported infringements. Further to its previous comments and noting that, according to the Government, it is at the discretion of inspectors to decide whether to give warnings or advice to persons who have infringed the legislation to be enforced instead of instituting or recommending proceedings, the Committee would be grateful if the Government would send copies of any relevant legal texts. If these do not exist, it requests the Government to take steps to establish this power of discretion in the legislation so that it can be exercised uniformly throughout the country.