Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Labour Inspection Convention, 1947 (No. 81) - Honduras (Ratification: 1983)

With reference also to its observation, the Committee draws the Government’s attention to the following points.

Modification of the Labour Code. With reference to its previous comments, the Committee once again requests detailed information on the impact of the ILO/MATAC programme on the structure, operation and results of the labour inspection system and indications on the progress made in the procedure announced for the adoption of the new Labour Code.

Labour inspection and work by children and young persons. According to the Government, the inspection services carry out many actions to ensure the enforcement of the legal provisions respecting working conditions and the protection of child workers, as well as providing information and advice to employers and young workers on the most effective manner of complying with the legal provisions. The Committee requests the Government to provide information on the nature of these activities and their impact. Noting also the information concerning the inspections carried out either in the normal course of duty or at the request of those affected to ascertain the presence of children in enterprises or following a complaint made by a child, the Committee requests the Government to ensure that information and statistics on the results of the work of the inspection services relating to child labour are compiled and provided to the Office and that they are regularly included separately in future annual inspection reports.

Article 3, paragraph 2, of the Convention. Noting that, according to the Government, the conciliation duties carried out by labour inspectors do not interfere with the discharge of their inspection duties, the Committee requests the Government to provide information on the distribution of the working time of labour inspectors between these two duties. The Committee would be grateful if the Government would also indicate the manner in which it is ensured that the further duties entrusted to labour inspectors do not prejudice the authority and impartiality which are necessary to them in their relations with employers and workers.

Article 8. Noting that one-third of the staff of the inspectorate is composed of women and that special duties are assigned in specific cases to men and women inspectors, the Committee would be grateful if the Government would provide further information in this respect.

Article 9. According to the Government, in the context of the ILO/MATAC programme for the modernization and strengthening of labour administration, draft organic legislation on the labour secretariat envisaging inspections of a polyvalent nature is currently being adopted. The Committee requests information on the progress made with this draft legislation and, where appropriate, a copy of the text that is adopted.

Articles 10 and 16. Noting that the inspection services are currently composed, according to the organigramme provided, of 94 labour inspectors at the national level, but referring to the information provided by the Government in its previous report that, in 2001, there were 17 technical inspectors in occupational safety and health and 116 labour inspectors, the Committee would be grateful for clarifications on the reasons for this reduction in personnel.

Article 11. Noting the absence of a reply to its previous comments under this Article, the Committee once again requests the Government to provide detailed information on the number, quality and arrangement of the premises made available to the inspection services at the central and regional levels, and on the transport facilities enabling inspectors to undertake professional travel. It would be grateful if the Government would also provide a copy of the text serving as a legal basis for the travel allowance granted to inspectors, to which the Government referred in a previous report.

Article 14. The Committee once again requests the Government to take measures to determine the cases and the manner in which labour inspectors are to be systematically, and no longer occasionally, notified of cases of occupational disease.

Article 18. Noting that, according to the Government, the penalties envisaged in accordance with this Article of the Convention, which were adopted in 1959, are no longer adequate in relation to the current situation of the country, the Committee requests it to take measures to ensure that penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties are henceforth provided for in such a manner that they retain a dissuasive nature despite any monetary fluctuations and are effectively enforced.

Articles 20 and 21. The Committee notes the tables on the inspections carried out in 2001, the number of workers covered by inspections and on the industrial accidents which occurred in 2001. Nevertheless, noting that no annual inspection report, as envisaged in these Articles of the Convention, has yet been provided to the ILO, the Committee recalls that the publication and transmission to the ILO by the central inspection authority of such a report are essential obligations and that, where necessary, the technical assistance of the ILO may be requested to facilitate compliance therewith. The Committee therefore hopes that the Government will rapidly take measures in this respect and requests it to keep the ILO informed of any progress.