Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report containing replies to its previous comments, the documents attached thereto and the observation by the Private Enterprise Council of Honduras (COHEP).

While endorsing the information sent by the Government, COHEP indicates with reference to the direct request of 2004 that, pursuant to article 16(2) of the national Constitution, international agreements ratified by Honduras form part of domestic law as soon as they enter into force, and prevail in the event of inconsistency with domestic law.

1. Articles 7, 10 and 11 of the Convention. Strengthening of the labour inspection system; financial resources and transport facilities for the labour inspectorate. Further to its previous comments, the Committee notes that the draft Basic Act of the Ministry of Labour and Social Security has not been adopted. It notes with interest the actions implemented as part of the project to strengthen labour rights in Central America (“Centroamérica cumple y gana” 2004-06), and particularly the establishment of an electronic system for processing information on labour inspections, shortly to be extended to several regional offices, the provision of computers and other equipment for the inspection services, training for inspection staff, surveys of employers and workers on the role and credibility of the labour inspectorate, the creation of a mobile inspection unit in San Pedro de Sula, and the preparation of a handbook on inspection procedures. The Committee would be grateful if the Government would continue to provide information on progress made in implementing the abovementioned project, and to provide copies of any relevant texts and, if appropriate, the amended Labour Code and the Basic Act of the Ministry of Labour and Social Security as soon as they are adopted.

The Committee notes with concern that neither the central nor the regional offices of the labour inspectorate have the financial resources to cover duty travel for labour inspectors. The Committee cannot overemphasize the social and economic role played by the labour inspectorate and the need for inspectors to be given the necessary means to carry out their duties, particularly transport facilities to enable them to visit workplaces with sufficient frequency. It hopes that the Government will do its utmost to ensure that, in determining the share of the budget allocated to the working of the labour inspectorate, account is taken of what are obvious needs of the inspectorate, and the requirements of the Convention. The Committee requests the Government to take concrete measures to this end and to provide information on them and on their results.

2. Articles 6 and 15(a). Conditions of service for labour inspectors and prohibition from any interest in undertakings under their supervision. With reference to its previous comments on the need to ensure that the conditions of service of inspection staff are such as to ensure that they are independent of all improper external influences (Article 6) and to prohibit labour inspectors from having any direct or indirect interest in undertakings under their supervision (Article 15(a)), the Committee again asks the Government to ensure that relevant legal provisions are shortly adopted and to keep the Office informed of any progress in this regard.

3. Articles 20 and 21. Publication and communication of an annual inspection report. The Committee hopes that the implementation of the electronic system for processing the labour inspectorate’s cases will facilitate the publication and communication to the ILO by the central inspection authority of an annual report on the work of the inspection services under its control, in the form and within the time limits prescribed by Article 20, and containing the information required at items (a) to (g) of Article 21.

4. Labour inspection and child labour. The Committee notes that inspectors specializing in child labour operate in Tegucigalpa and San Pedro de Sula. However, according to the Government, owing to budgetary limitations there will not be specialized staff in the other offices. The Committee requests the Government to explain why it was decided to appoint inspectors to these locations, and to provide information on the results of their activities in terms of inspections, penalties imposed, and the provision of advice and information on the matter to employers and workers. Until financial circumstances enable labour inspectors to be appointed to the other offices, it requests the Government to ensure that inspections targeting breaches of the relevant legislation are also carried out by non-specialized labour inspectors, in order to contain child labour as far as possible.

The Committee is addressing a request concerning other matters directly to the Government.