Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

With reference also to its observation under the Convention, the Committee notes the Government’s reports for the period ending September 1999, and the attached documentation. It also notes that, according to the information available to the ILO, the labour inspection system is included in the technical cooperation project for the modernization of labour administrations in Central American countries (MATAC-ILO) and that activities are being undertaken to improve its effectiveness. These activities include a review of the structures and functions of the inspection system and the training of inspectors. The Committee hopes that information on the development and execution of the project will be provided regularly by the Government.

The Committee notes the reference to a draft manual of procedures of the National Directorate of Labour Inspection and it would be grateful if the Government would provide a copy of the final text of the manual.

Articles 3 and 4 of the Convention.  The Committee notes with interest that, within the framework of the process of modernizing the Ministry of Labour, the general labour inspection service was raised, by Executive Decree No. 84 of 1996, to the rank of a national directorate, the functions of which are in conformity with those set out in Article 3. The Committee notes that this structure exercises control over regional inspection services and that it also ensures permanent coordination and communication with regional labour directors.

Article 6.  According to the information provided by the Government, Act No. 9 of 20 June 1994 respecting the organization of administrative careers, including those of labour inspectors, was applied in practice by means of Executive Decree No. 222 of 12 September 1997. The Committee would be grateful if the Government would provide information on the progress achieved in the application process, as well as its impact on the status and conditions of service of labour inspectors which should, under the terms of this provision of the Convention, assure them stability of employment and independence of changes of government and of improper external influences.

Article 8.  The Committee notes that at the national level, out of 80 labour inspectors, 12 are women. It requests the Government to indicate whether, in accordance with this provision, special duties are assigned to women inspectors.

Articles 3(2), (10) and (16).  Noting the information provided on the number and distribution of labour inspectors and the number of inspections carried out, the Committee also notes that, according to the Government, although these numbers have risen, the level of human resources remains inadequate, particularly in regional offices, where inspectors have to discharge functions other than inspection, including conciliation. The Committee requests the Government to provide information on the manner in which it is envisaged to give effect to Article 3(2), under the terms of which, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Article 11.  The Committee notes with interest the information on the improvement of the material resources of the inspection services (computer equipment, the level of the fund for current expenses, the acquisition of motorcycles for provincial services) and the premises of the central administration of the labour inspection services, and it would be grateful if the Government would provide information on the impact of the new conditions of work of inspectors on the effectiveness of the inspection system.

Article 14.  The Committee notes the hope expressed by the Government that the newly created inter-institutional committee on occupational safety and health will facilitate the establishment of a coordinated system through which, with the cooperation of the Social Insurance Fund, effect can be given to this provision, and it requests the Government to provide information on the progress achieved in this regard.

Articles 20 and 21.  The Committee notes that, according to the Government, the Programme Analysis and Evaluation Unit of the National Directorate of Labour Inspection, which has recently been established, should facilitate the application of Article 21. Noting that in the annual report for the period ending September 1998, tables 4, 5 and 9 respecting inspection activities are accompanied by a note indicating that the information contained therein comes from a document entitled "Panama in Figures 1992-1996", the Committee hopes that future annual inspection reports will contain the precise and updated statistical information required by Article 21(c) to (g).