Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Honduras (Ratification: 1960)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the Honduran National Business Council (COHEP) received on 30 August 2022. It requests the Government to provide its reply to these observations.

Article 4 of the Convention. Medical examination until the age of 21 years. In its report, the Government once again indicates that, without prejudice to the fact that the Protected Adolescent Work Regulations and the Child Labour Regulations do not apply to young workers aged between 18 and 21 years, these workers are protected by the applicable Labour Code, as well as the General Regulations on measures to prevent occupational accidents and diseases. Section 46(2)(a) of these Regulations, applicable to all enterprises and workers, determine the conditions under which medical examinations are required. However, the Committee notes with concern, from the observations of the COHEP, that there is still no provision in the national legislation requiring young persons between the ages of 18 and 21 years who are authorized to carry out unhealthy or hazardous work to undergo medical examination and re-examinations for fitness for employment. The Committee once again recalls that Article 4 of the Convention sets the requirement that national laws or regulations shall either specify or empower an appropriate authority, not the employer, to specify the occupations or categories of occupations in which medical examinations and re-examinations for fitness for employment shall be required until the age of 21 years. The Committee urges the Government to give effect to its engagement, contracted 50 years ago, and take the necessary measures to ensure that the national legislation lays down an obligation for young persons between the ages of 18 and 21 years who are authorized to carry out unhealthy or hazardous work to undergo a medical examination and re-examinations for fitness for employment.

Article 7(2). Ensuring the application of the system of medical examination for fitness for employment to children employed either on their own account or on account of their parents, and application of the Convention in practice. The Committee notes, from the observations of the COHEP, that there has not been any tripartite dialogue held with the view of establishing a system of medical examination for fitness for employment for children and young persons employed on their own account or on account of their parents. However, the COHEP refers to the Protected Adolescent Work Regulations, approved by Executive Agreement of 14 December 2020, in which the procedure for the medical examination of young persons is set out in section 9, and the Committee notes that, in application of section 119 of the Code for Children and Young Persons, this also applies to children working on their own account. Indeed, the Committee notes with interest that section 119 of the Code for Children and Young Persons provides that the employment of children is subject to the prior authorization of the Secretary of State in the Offices of Labour and Social Security, and that the same authorization is required for “children who intend to carry out independent work, that is, those in which there is no remuneration or a contract or working relationship”. However, the Committee notes that neither the Code for Children and Young Persons nor the Protected Adolescent Work Regulations set out measures of identification for ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents. The Committee therefore requests the Government to take the necessary measures to ensure that measures of identification are adopted in national laws or regulations with a view to ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 4 of the Convention. Medical examination until the age of 21 years. In its previous comments, the Committee observed that there was no provision in the national legislation requiring young persons between the ages of 18 and 21 years who are authorized to carry out unhealthy or hazardous work to undergo medical examination and re-examinations for fitness for employment. It noted that a draft of a revised Labour Code was in the process of adoption and requested the Government to take the necessary measures to ensure that the revised Code takes into account the Committee’s comments.

The Committee notes that according to the information in the Government’s report these issues were not considered in the initial draft of the revised Labour Code. The Government nonetheless indicates that the relevant provisions of the Labour Code and other laws and regulations are being revised to accommodate the Committee’s observations. The Government further indicates that section 46(2)(a) of the General Regulations on measures to prevent occupational accidents and diseases, 19 October 2004, requires every employer to determine, on the basis of the risks inherent in the tasks the worker has to perform, the circumstances in which a medical examination is necessary. While noting this information, the Committee points out that Article 4 of the Convention sets the requirement that national laws or regulations shall either specify or empower an appropriate authority, not the employer, to specify the occupations or categories of occupations in which medical examination and re-examinations for fitness for employment shall be required until the age of 21 years. Recalling once again that Honduras ratified the Convention more than 50 years ago, the Committee urges the Government to take the necessary measures to ensure that the national legislation lays down an obligation for young persons between the ages of 18 and 21 years who are authorized to carry out unhealthy or hazardous work to undergo medical examination and re-examinations for fitness for employment.

Article 7(2). Ensuring the application of the system of medical examination for fitness for employment to children employed either on their own account or on account of their parents, and application of the Convention in practice. The Committee noted previously that section 126 of the Code of Childhood and Adolescence requires employers to keep a register of all minors who work. It observed, however, that neither the abovementioned Code nor the Labour Code make any provision for measures for identification to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access. The Government stated that child labour had been incorporated in the duties of the General Labour Inspectorate for the purpose of applying this provision of the Convention and that it had examined the possibility of extending application of the national legislation to the informal sector.

The Committee notes that, according to the Government, there is at present no mechanism for ensuring that the medical system for fitness for employment is applied to children and young persons employed on their own account or on account of their parents. The Government indicates that, with the cooperation of the employers’ and workers’ organizations and with support from the ILO, it organized a work session to discuss the problems affecting workers and employers in the informal sector, including the issue of hazardous working conditions. The Committee welcomes that the Government has prepared a Bill on the social and occupational inclusion of self-employed and own-account workers. Section 1 of the Bill establishes that self-employed and own-account workers are “workers” within the meaning of the Labour Code, which means that they are guaranteed the same protection as workers in the formal sector. However, the Bill says nothing regarding issues of medical examination for children in the informal sector and the Government indicates that it will address the matter with a view to enforcing this provision of the Convention. The Committee requests the Government to provide information on the results of the tripartite dialogue held with the support of the ILO to establish a system of medical examination for fitness for employment that is applied to children and young persons employed on their own account or on account of their parents. Please also provide information on the adoption of the Bill on the social and occupational inclusion of self-employed and own-account workers.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 4 of the Convention. Medical examination until the age of 21 years. In its previous comments the Committee noted that there were no provisions in the national legislation requiring young persons between the ages of 18 and 21 years who are authorized to carry out unhealthy or hazardous work to undergo regular medical examination for fitness for employment.

The Committee notes the information provided by the Government in its report under the Minimum Age Convention, 1973 (No. 138), that a draft of a revised Labour Code is in the process of adoption. Observing that Honduras ratified the Convention over 50 years ago, the Committee urges the Government to take the necessary measures, including in the context of the Labour Code reform, to ensure that the national legislation sets out a requirement that young persons between 18 and 21 years of age in occupations that involve high health risks undergo medical examination and regular re-examinations for employment.

Article 7(2) and Part V of the report form. Ensuring the application of the system of medical examination for fitness for employment to children engaged either on their own account or on account of their parents, and application of the Convention in practice. The Committee previously noted that section 126 of the Code of Childhood and Adolescence requires employers to keep a register of all minors employed. It noted, however, that neither the abovementioned Code nor the Labour Code make any provision for measures of identification to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried on in the streets or in places to which the public has access. The Government stated that child labour had been incorporated in the duties of the General Labour Inspectorate for the purpose of applying this provision of the Convention and that it had examined the possibility of extending application of the national legislation to the informal sector.

The Committee notes the information supplied by the Government to the effect that the national legislation prohibits work by children and young persons under 18 years of age in itinerant trading or any other occupation carried on in the street or in places to which the public has access. The Committee notes with interest in this connection that Agreement No. STSS-074-2008 of 7 April 2008, pursuant to which section 8 of the Child Labour Regulations of 10 October 2001 has been amended and an extensive list of hazardous types of work prohibited for persons under 18 years of age has been adopted, bans minors under 18 years of age from itinerant trading (section 8-A(5)(e)) and non-itinerant trading in bars, taverns, billiards rooms and discotheques (section 8-B(6)(a)). The Committee takes due note of the information provided by the Government concerning the measures taken and the results obtained in the context of implementing the Action Plan for the Elimination of Child Labour to ensure that effect is given to the Convention in practice. It notes in particular that the labour inspectorate pays regular visits – eight inspections a month on average – to enterprises employing children. The Committee nevertheless notes that the Government provides no information on measures taken by the labour inspectorate to monitor the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents. The Committee therefore requests the Government to provide information in its next report allowing it to ascertain how the system of medical examination for fitness for employment is applied to children and young persons working on their own account or on account of their parents, such as extracts of labour inspection reports and statistics of the number of infringements reported.

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

The Committee notes the Government’s report.

Article 4 of the Convention. Medical examination under the age of 21 years. In its previous comments, the Committee noted that section 122 of Decree No. 73/96 issuing the Code of Childhood and Adolescence (hereinafter, the Code of Childhood and Adolescence) provides that children and young persons under 18 years of age but older than 16 years of age may be authorized to carry out unhealthy or dangerous work, in accordance with the conditions set forth in the same section, which include the requirement to pass a medical examination of fitness, in accordance with section 127 of the Code. The Committee pointed out, however, that there are no provisions which require children and young persons under 21 years to undergo regular medical examinations. The Committee requested the Government to take the necessary measures to ensure that children and young persons under 21 years of age who engage in any of the activities mentioned in section 122 of the Code of Childhood and Adolescence undergo regular medical examinations.

The Committee notes the information communicated by the Government concerning the work authorization procedure envisaged in Executive Agreement No. STSS-211-01 of 10 October 2001 issuing the Regulations on Child Labour in Honduras (hereinafter, the Regulations on Child Labour in Honduras). The Committee notes the Government’s indication that the Regulations on Child Labour in Honduras apply to children under 18 years of age and not, therefore, to young people aged between 18 and 21 years. The Committee notes, however, that under section 46, paragraph 2(a), of Executive Agreement No. STSS-001-02 of 7 January 2002 approving the General Regulations on the Prevention of Occupational Accidents and Illnesses (hereinafter, the General Regulations on the Prevention of Occupational Accidents and Illnesses), programmes on occupational health and safety shall envisage medical examinations for the purposes of selecting staff. The Committee notes, however, that this provision of the General Regulations on the Prevention of Occupational Accidents and Illnesses does not envisage the obligation to submit workers to a medical examination, but proposes the possibility of envisaging such an obligation. The Committee reminds the Government that, under Article 4, paragraph 1, of the Convention, in occupations which involve high health risks, medical examination and re-examinations for fitness for employment shall be required until at least the age of 21 years. Moreover, pursuant to Article 4, paragraph 2, of the Convention, national laws or regulations shall either specify, or empower an appropriate authority to specify, the occupations or categories of occupations in which medical examination and re-examination for fitness for employment shall be required until at least the age of 21 years. Taking the aforementioned into account, the Committee asks the Government, once again, to take the necessary measures to ensure that children and young persons under 21 years of age who engage in any of the activities mentioned in section 122 of the Code of Childhood and Adolescence undergo regular medical examinations.

Article 7, paragraph 2. Ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents. In its previous comments, the Committee noted that, under section 126 of the Code of Childhood and Adolescence, the employer is required to hold a register with respect to all the minors employed. This register must contain the elements envisaged in this same section. The Committee observes, however, that neither this Code nor the Labour Code, adopted in 1999, contain any provisions envisaging measures to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access. The Committee asked the Government to adopt the necessary measures to ensure the application of this provision of the Convention. The Committee notes the information provided by the Government, according to which, in order to ensure the application of this provision of the Convention, the work of children and young persons has been incorporated into the responsibilities of the General Labour Inspectorate. The Committee also notes the Government’s indication that it is examining the possibility of extending the application of the national legislation to the informal sector. The Committee asks the Government to provide information on the measures taken by the General Labour Inspectorate to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access.

Part V of the report form. Application of the Convention in practice. In reference to its previous comments, the Committee notes the statistics communicated by the Government in its report.

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

The Committee notes the information provided by the Government in its report.

Article 4 of the Convention. The Committee takes note that article 122 of the Code of Childhood and Adolescence provides that minors of 18 years of age but older than 16 years of age may be authorized to carry out unhealthy or dangerous work, in accordance with the conditions set down in the same article, including the medical examination of fitness, in accordance with article 127 of the Code. However, as the Government indicates in its report, there exist no provisions indicating that the medical examination shall be repeated until 21 years of age, in case the minors of that age are engaged in the abovementioned unhealthy or dangerous activities. The Committee requests the Government to take the necessary measures to ensure that minors under 21 years of age engaging in any of the works mentioned in article 122 of the Code of Childhood and Adolescence follow a periodical medical examination as provided for in the Convention.

Article 7, paragraph 2. The Committee takes note that in accordance with article 126 of the Code of Childhood and Adolescence, the employer shall hold a register with respect to all the minors employed containing the indications provided for in the same article. The Committee observes however, neither of the abovementioned exists in this Code nor the Labour Code, adopted in 1999, contain any provisions regarding the necessary measures of identification to guarantee the application of the system of medical examination of fitness to the minors engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried out on the streets or in places to which the public have access. The Committee requests the Government to take the necessary measures to give effect to these provisions of the Convention.

The Committee requests the Government to communicate information on the practical application of the Convention, for example, statistics indicating the number of minors working that have been submitted to a preliminary and periodical medical examination of fitness for work, including, for instance, extracts from official reports and information on the number and nature of the infringements observed and the sanctions imposed, etc. (Part V of the report form).