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BRAZILIAN LABOUR INSPECTION
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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$ ,00 (about $ 9000, using the average exchange rate in 2011) – middle income; Population: 191 million (03/2011) – 5th in the world; Employed Population: people (PNAD/IBGE ). *Data: IBGE/2010
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How to answer ? Obs: people Source: PNAD/IBGE
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How to inspect ? Source: RAIS 2009/MTE
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Diagnosis of Human Resources
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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
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Brazilian Labour Inspection
Regional context Planning
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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
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Labour Inspection Career
Total: 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
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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
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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
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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
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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
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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
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LI Main Outputs: Year Inspected workplaces Non declared workers formalized during inspection OSH inspections Forced Labour workers rescued 2003 5.223 2004 2.887 2005 4.348 2006 3.417 2007 5.999 2008 5.016 2009 3.770 2010 2.628 2011 93.378 1.040 Source: SFIT/SIT/MTE * August/2011
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Ministry of Labour and Employment website:
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