Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

With reference to its observation, the Committee notes the Government’s partial responses to its previous comments, and requests it to provide additional information on the following points.

Modernization and strengthening of the labour inspection system. The Committee would be grateful if the Government would provide details of the impact of the implementation of the subregional ILO/MATAC programme for the modernization and reinforcement of labour administration in Central American countries on the structure and operation of the labour inspection system and on the procedure for the adoption of a new draft Labour Code.

Labour inspection and child labour. The Committee notes with interest the information provided in reply to its general observation of 1999 to the effect that, firstly, during the first half of 2001, seven seminars on the elimination of child labour were organized by the Secretariat of State for Labour and Social Security and, secondly, that private institutions, such as NGOs, including the National Institute for Childhood and the Family (INHFA), the National Institute for Women (INAM) and the inspection services are collaborating in finding appropriate solutions to the problem. The Government is asked to provide detailed information on the precise role assigned to labour inspectors in the diagnosis and supervision of the application of the relevant legislation, as well as statistics on the results of their activities in this field.

Article 3, paragraph 2. With reference to the information provided by the Government in a previous report indicating that labour inspectors only perform conciliation functions in the event of labour disputes in so far as this activity does not impede the activity of inspection, the Committee would be grateful if the Government would provide detailed explanations on this issue, with an indication of whether the conciliation function is entrusted in other cases to other bodies or services in the labour administration system.

Article 6. The Government is requested to provide a copy of the Act respecting the public service and of the regulations issued under the Act, which it indicates contain provisions guaranteeing the stability of public officials.

Articles 8 and 16. The Government is requested to indicate the distribution by sex of the staff of the inspection services, to indicate whether, as envisaged in Article 8, special duties are assigned to men and women inspectors, respectively, and to provide full information on the measures which have been taken or are envisaged to strengthen the staff of the inspection services in general in order to ensure that workplaces are inspected as often and as thoroughly as necessary, as envisaged in Article 16.

Article 11. Material means and conditions of work of labour inspectors. The Committee notes a significant improvement in the infrastructure and logistical resources of the Secretariat of State for Labour and Social Security, including the inspection services. With reference to the information contained in the Government’s previous report concerning the clearly prejudicial situation of inspectors working in Tegucigalpa and San Pedro Sula in terms of their volume of work, the Committee would be grateful if the Government would provide detailed information on the premises of the inspection services, their layout and computer equipment, as well as the means and transport facilities made available to labour inspectors at the central and local levels, and if it would provide a copy of the text serving as the legal basis for the travel allowance for inspectors referred to in the report.

Article 14. The Committee notes that, while section 435 of the Labour Code obliges employers to inform the general labour inspectorate of industrial accidents, information concerning cases of occupational disease is only provided to inspectors at their request during inspection visits or in the event of a complaint. Emphasizing that the notification of labour inspectors of industrial accidents, as well as cases of occupational disease, is of great value for the policy of occupational risk prevention, the Committee would be grateful if the Government would take the appropriate measures to determine the cases and manner in which labour inspectors are to be informed systematically, and no longer occasionally, of cases of occupational disease.

Articles 20 and 21. The Committee would be grateful if the Government would take measures, particularly in the context of the ILO/MATAC programme, to ensure the publication by the central inspection authority, within the time limits set out in Article 20, of an annual report on the work of the inspection services under its control, containing information on the subjects set out in Article 21(a) to (g). The Committee recalls in this respect that the central authority may find it useful to refer to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), on the nature of the information required.

Communication of the Government’s reports to employers’ and workers’ organizations. Noting that the Government does not indicate whether a copy of the report has been communicated, in accordance with article 23, paragraph 2, of the Constitution of the ILO, to the most representative organizations of employers and workers, the Committee requests the Government to provide this information in future, as required by Part V of the report form for the Convention and to report, as appropriate, any comments made by these organizations.