Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

Convention (n° 81) sur l'inspection du travail, 1947 - Brésil (Ratification: 1989)

The Committee has noted the information in the Government's first report on the Convention. It has also noted the observations of the Gaucha Association of Labour Inspectors (AGITRA), concerning difficulties encountered by the labour inspection service in regard to various aspects of the Convention. AGITRA indicates that the activities of the labour inspectorate have decreased since 1990, particularly since many posts of labour assessors, doctors and engineers were abolished. This has meant that labour inspectors have had to work in precarious conditions, contrary to the Convention. Inspectors have thus not been able to combat as they would wish serious violations of labour law in respect of slavery and forced labour (including child labour); and withholding of wages and other benefits due to employees (such as adequate food and lodging). This in turn means that, particularly in the present unstable economic situation in the country, the number of violations of labour legislation is increasing dramatically.

The Committee recalls the requirements of the Convention as regards the function of labour inspectors in securing the enforcement of the legal provisions relating to conditions of work and the protection of workers, such as provisions relating to hours, wages, safety, health and welfare, and the employment of children and young persons (Article 3(1)(a)); the need for inspection staff to enjoy a status and conditions of service which guarantee them the necessary stability of employment and independence (Article 6); the need to associate medical, engineering and other specialists in the work of inspection (Article 9); and the need to ensure that the number and material conditions of labour inspectors are sufficient to enable workplaces to be inspected as often and as thoroughly as necessary to ensure the effective application of relevant legal provisions (Articles 10, 11 and 16).

In respect of the last point, the Committee notes from the Government's report, that it recognises difficulties in complying with the Convention, owing to the immensity of the national territory and the shortage of inspection personnel. The Committee refers also to its observations on Conventions Nos. 29, 95 and 105. It hopes the Government will supply full information on the aspects of the present Convention raised by AGITRA. The Committee is raising certain other points in a direct request.