Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 81) sur l'inspection du travail, 1947 - Honduras (Ratification: 1983)

Autre commentaire sur C081

Observation

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The Committee notes the observations of the Honduran National Business Council (COHEP), received in 2016 and in 2017, respectively, as well as the Government’s reply received in 2016 and 2017 in this regard. The Committee also notes the observations of the COHEP and the General Confederation of Workers (CGT), communicated with the Government’s report.

National Labour Inspection Strategy, 2018–22. With regard to its previous comments, the Committee notes that the Government formulated, with the assistance of the ILO, the National Labour Inspection Strategy, 2018–22. The Committee further notes that the Government reports: (i) the approval of a specific budget of 20,000,000 lempiras (approximately US$820,000), allocated for the operations of the General Directorate of Labour Inspection (DGIT); (ii) that labour inspectors have received training; and (iii) the submission to the Advisory Committee of the Secretariat of Labour and Social Security of a technical audit of the labour inspection system, produced by the ILO using information from the Ministry of Labour and Social Security. The Committee also notes the adoption of the Labour Inspection Act, approved through Decree No. 178-2016 of 23 January 2017. The Committee requests the Government to provide information on the specific steps taken to implement the National Labour Inspection Strategy, and to report the progress made in achieving the established targets.

Article 6 of the Convention. Adequate conditions of service of labour inspectors, including sufficient remuneration to ensure their impartiality and independence from any improper external influences. With regard to its previous comments on the remuneration of labour inspectors and a proposed system to investigate complaints made against them, the Committee notes the Government’s indication that the lowest wage paid to a labour inspector is 7,599 lempiras – approximately US$310 (Labour Inspector I, group 2, grade 6), while the lowest wage paid to a tax inspector is 12,698 lempiras – approximately US$512. The Government also reports that the new inspection body has wages different to those earned by the more senior inspectors. In this respect, the Committee notes the CGT’s allegation that the wages of inspectors need to be brought to the same level. The Committee also notes the Government’s indication that, in the event of a complaint against a labour inspector, a hearing is held, after which the Legal Department issues a decision, which may result in the dismissal of the proceedings, a reprimand, suspension of work without pay or dismissal of the accused. In order to ensure the impartiality and independence of labour inspectors from improper external influences, the Committee requests the Government to adopt measures to guarantee that the remuneration of labour inspectors is similar to that of other public officials who assume responsibilities of similar category and complexity (for example, tax inspectors), and to provide details on these measures and illustrative figures in this respect. The Committee also requests the Government to provide information on any investigations launched against labour inspectors (including those provided for in section 22 of the new Labour Inspection Act) and their outcomes, as well as the number of complaints received and investigations conducted.

Articles 10 and 16. Number of labour inspectors and the performance of a sufficient number of routine visits throughout the country. In relation to its previous comments on hiring labour inspectors, the Committee notes the Government’s indication that it is planned in the budget to hire a further 39 labour inspectors, distributed throughout the various regional offices in the country. In this respect, the Committee notes that, according to information in a DGIT document entitled “The Labour Inspection Context in Honduras, 2018”, in December 2018, there were 169 labour inspectors in total. The Committee also notes the COHEP’s allegations that there are many areas in which no labour inspections of any kind are conducted due to a lack of organization and inspectors, particularly in the informal economy. The Committee requests the Government to provide information on the progress made in hiring labour inspectors, indicating the current number of active inspectors. The Committee also requests the Government to provide information on the measures adopted to improve inspection coverage of workplaces (including in the informal economy). The Committee further requests the Government to provide additional information on the priority issues for labour inspection and how these priorities are determined. Lastly, in accordance with sections 41 and 42 of the new Labour Inspection Act, the Committee requests the Government to provide detailed information on the number of regular and extraordinary inspections and, if possible, to disaggregate the statistics by region and sector.

Article 11. Adequate financial and material means, including transport facilities. In relation to its previous comments on the material conditions of the inspection services and the reimbursement of the costs incurred by inspectors in the performance of their functions, the Committee notes that the Government reports: (i) the acquisition of four vehicles, furniture and computers with internet connection, as well as uniforms, the renovation of offices and the renting of new offices for the labour inspectorate; and (ii) the budgeted costs of the DGIT for the 2017 financial year. The Committee notes with regret that the Government’s report does not contain information on the reimbursement of the costs incurred by inspectors in the performance of their functions. In this regard, the Committee notes the allegations of the CGT and the COHEP that it is common practice for labour inspectors to cover the transport costs to deal with complaints from workers. The Committee requests the Government to continue providing information on the material conditions of the inspection services throughout the territory, including the transport facilities available to the various inspection services. Furthermore, the Committee requests the Government to ensure that adequate material means are provided to inspectors for the performance of their functions, and that any costs incurred by inspectors in the performance of their duties are reimbursed. It requests the Government to provide detailed information on the fulfilment of this obligation in practice, including the number of cases in which these costs have been reimbursed and the amount paid to labour inspectors for this reason, as well as the number of cases where requests for reimbursement have been denied and the reasons given.

Article 18. Adequate penalties for violations of the legal provisions enforceable by labour inspectors. In its previous comments, the Committee requested the Government to provide information on the measures adopted to ensure that the penalties for violating the legislation were sufficiently dissuasive. The Committee notes with interest that the new Labour Inspection Act establishes increased financial fines. The Committee also notes that the Government: (i) reports that the discrepancy between the number of violations detected and cases that were subject to penalties can be explained by the fact that most enterprises were able to remedy the irregularities in the application of the legislation; and (ii) provides information on the violations detected and the fines imposed since the entry into force of the new Labour Inspection Act (in total, 17 violations and 1,700,000 lempiras – approximately US$69,000). The Committee requests the Government to continue providing information on the number of violations detected, the penalties imposed, indicating the amount of the fines levied and paid, as well as any sentences of imprisonment, if applicable, specifying the areas to which they refer (occupational safety and health, child labour, non-payment of wages, termination of employment, etc.).

The Committee is raising other matters in a request addressed directly to the Government.