BRAZILIAN LABOUR INSPECTION
Brazil Territory: 8 million, 514 thousand and 876 km2 – 5th in the world; Coastline: 8,400 km Gross Domestic Product (GDP) *: 2 trillion and 889 billion reais (approximately $ 1 trillion and 572 billion U.S. dollars, using the average exchange rate in 2011) – 7th in the world; GDP per capita: R$ 15. 240,00 (about $ 9000, using the average exchange rate in 2011) – middle income; Population: 191 million (03/2011) – 5th in the world; Employed Population: 101.110.000 people (PNAD/IBGE - 2011). *Data: IBGE/2010
How to answer ? Obs: 1.000 people Source: PNAD/IBGE
How to inspect ? Source: RAIS 2009/MTE
Diagnosis of Human Resources
Innovations in Management New Methodology of Labour Inspection - Conceived by groups of labour inspectors, reformed the methods of operation of the inspection, preparation of planning and monitoring of performance evaluation. - The new model enshrined principles such as the prevalence of planned supervision, teamwork and performance based on social dialogue. STRICT SCREENING OF COMPLAINTS - CCIT and MPT
Brazilian Labour Inspection Regional context Planning
Structure Ministry of Labour and Employment: Secretariat of Labour Inspection – Central Authority Regional Units – Descentralized Service Regional Labour and Employment Superintendents Headquarters (27) Regional Managements (114) Service Agencies (727) General Labour Inspection Department Occupational Health and Safety Inspection Department
Labour Inspection Career Total: 2.902 labour inspectors (september/2011) Federal Public Servant; Join exclusively by public tender; Dual subordination: Wage close to the inicial of labour judges Administrative – to regional brunch (Superintendência Regional do Trabalho) Technical – directly to Secretariat of Labour Inspection – Central Authority
Labour Auditors (Denomination in Brazil) Stability; Free Entry to the Plants Premises; Access to the documents; Administrative Police Power – Labour Law Enforcement: Injunction, Fines, Paralyzation in OSH matters, etc. Information – employers and employees Normative power – OSH regulation – Tripartite Technical Comission
Planning Guidelines 1. Integrated Actions: Priority to multidisciplinary workgroup; Collective target; Specific approach for micro-enterprises; 2. Permanent Dialogue with Social Agents: Labour Prosecution Service, Labour Inspection Cooperation Comission – Unions (employers and employees), Labour Court, Labour Judges Association etc. 3. Aim on prevention and reduction of the incidence and gravity of labour hazards: Using statistics and new technologies; Economic activity projects; Priorities defined in basis of the sectors hazard profile; National and strategic projects envolving prioritary sectors; Work accidents analysis as a contribution for regressive lawsuits – Social Security Attorneys
Labour Inspection Main Fields Child Labour Eradication Forced Labour Eradication Apprenticeship insertion Workers with discapacity insertion and integration Maritime ant Ports workers Construction Labour taxes - FGTS Specific OSH matters – machinery, asbestos, waterway, confined, electricity, plataforms, transportation, etc. TARGET : DECENT WORK FOR BRAZILIAN LABOUR FORCE
Labour Inspection Fines Iniciated after Infringement – Labour Inspection on site Applied directly by the Labour Inspection Authority after administrative due process of law – double jurisdiction – regional and central Judicial Control and Enforcement – Labour Court - Federal Lawyers
Labour Inspection and Judicial Cooperation Ministry of Labour and Employment – Labour Court – Labour Court Superior Concil - Ministry of Health – Ministry of Social Security – Federal Laweyrs Service Technical cooperation protocol – May, 2011 OSH matters – hazards prevention Safety and Health Nacional Policy enhancing Data exchanging Educational common measures Research and studies promoting
LI Main Outputs: 2003 - 2011 Year Inspected workplaces Non declared workers formalized during inspection OSH inspections Forced Labour workers rescued 2003 285.241 534.125 129.686 5.223 2004 302.905 708.957 136.881 2.887 2005 375.097 746.272 166.126 4.348 2006 357.319 670.035 162.858 3.417 2007 357.788 746.245 157.376 5.999 2008 299.013 668.857 145.815 5.016 2009 282.377 588.680 158.065 3.770 2010 255.503 515.376 135.621 2.628 2011 181.565 326.287 93.378 1.040 Source: SFIT/SIT/MTE * August/2011
Ministry of Labour and Employment website: www.mte.gov.br E-mail: sit@mte.gov.br