Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 81) sur l'inspection du travail, 1947 - Paraguay (Ratification: 1967)

Articles 3, 5(a), 20 and 21 of the Convention. Absence of information on the application of the Convention, including continuous failure to submit an annual report on the labour inspection activities. The Committee notes that the Government’s report submitted to the Office is almost identical to the report submitted by the Government in 2011 and that it does not provide any reply to the questions raised in the Committee’s previous comments. In its previous observation in 2012, the Committee noted with regret that since the ratification of the Convention in 1967, the Government had never sent a complete annual labour inspection report to the Office as required by Articles 20 and 21 of the Convention. It observes that this year, again no annual labour inspection report has been received by the Office. While some relevant information is contained in the annexes provided with the Government’s report, the Committee considers that this information is not sufficient to allow for a thorough assessment of the application of the Convention.

The Committee notes, however, from the documentation attached to the Government’s report, that labour inspection campaigns have been carried out in specific economic sectors and geographical zones (for example, in el Chaco following complaints of forced labour) and that some relevant statistics are provided, that is information on the percentage of compliance with certain legal obligations in the commerce, transport and supermarket sector. The Committee notes in this regard, that the compliance level with Decree No. 580/08 (which requires all employers to register employment relationship in the Unified System of Business Registration (SUAE), a database which is to be shared by several governmental institutions), is about 80 per cent in these sectors. The Committee urges the Government, once again, to ensure that the necessary measures are taken by the labour inspection authority with a view to the preparation, publication and communication to the ILO of an annual labour inspection report under Article 20 of the Convention containing information on all the subjects covered by Article 21(a)–(g). In this regard, and with reference to its general observations of 2009 and 2010, the Committee once again asks the Government to provide information on the progress made in the implementation of Decree No. 580/08 and on the establishment of the SUAE.

Articles 6, 7, 10, 11, 15 and 16. Effectiveness of the labour inspection system. From the information provided in the Government’s report, the Committee notes that the percentage of labour inspectors who are permanent officials has now increased from 93.5 to 100 per cent. However, it notes from the Annual Labour Inspection Plan for 2013 of the Ministry of Justice and Labour communicated with the Government’s report that the following points have been identified as critical for the effective functioning of the labour inspectorate: (i) the insufficient number of labour inspectors; (ii) the lack of initial and continuous training of labour inspectors and the absence of a profile determining the requirements for their posts; (iii) the low level of remuneration (salary close to the minimum wage), no payment of travel allowances for inspections in workplaces located in the capital of the country and no payments of travel allowances prior to inspections in workplaces located in the interior of the country; and (iv) frequent reports of misconduct of labour inspectors, which are however not made in a formal manner so as to allow for their prosecution. In this regard, the Committee also notes, from the same source, that it is envisaged to: (i) establish the profile of labour inspectors; (ii) institute a Code of Ethics for Labour Inspectors; (iii) provide improved capacity building for labour inspectors; and (iv) equip the labour inspection services with computers and an Internet connection to enable the exchange of data in the SUAE with other institutions. In this regard, the Committee also notes the copy of Decree No. 607 of May 2013 on “Administrative measures for a better organization and management of the labour inspection services”.

The Committee recalls in this regard that the granting of the appropriate status and conditions of service to labour inspectors, including appropriate wages and career prospects, in accordance with Article 6, and the obligation for labour inspectors to comply with the duty of confidentiality, under Article 15(c), are essential safeguards against improper behaviour.

The Committee asks the Government to provide information on the progress made with the implementation of the measures referred to in the Annual Labour Inspection Plan for 2013, as well as with the implementation of Decree No. 607 of May 2013 and its impact on the effectiveness of the work of the labour inspection services.

In this context, it once again asks the Government to indicate the measures taken or envisaged to: (i) improve the conditions of service of labour inspectors (increased remuneration, or at least adaptation to the level of other inspectors discharging similar functions, and improved career prospects, including variations in remuneration based on education, training, merit or length of service) (Article 6); (ii) increase the number of labour inspectors, with a view to ensuring that workplaces are inspected as often and as thoroughly as necessary (Article 10); and (iii) improve the initial training provided to labour inspectors to enable them to carry out their duties as effectively as possible and to offer them subsequent training in the course of employment (Article 7), and (iv) improve the material and logistical resources available to labour inspectors (Article 11).

Referring to its previous comments in this regard, the Committee also once again asks the Government to provide information on the impact of international cooperation within the framework of the Common Market of the Southern Cone (MERCOSUR) in relation to the discharge of the labour inspectors’ preventive and enforcement duties in the area of conditions of work and the protection of workers.

Articles 12(1)(a) and (2)(c), and 15. Restrictions on the initiative of inspectors to enter freely workplaces liable to inspection. Referring to its previous observation in this regard, the Committee once again asks the Government to take the necessary measures, including the amendment of Resolution No. 1278 of September 2011, to ensure that inspectors are empowered both in law and in practice to enter freely at any hour of the day or night any workplace liable to inspection, as provided in Article 12(1)(a) of the Convention and that the requirement of prior authorization of inspection visits is brought to an end.

The Committee is raising other points in a request addressed directly to the Government.