Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Other comments on C081

Observation

Direct Request

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Follow-up to the conclusions in the Committee on the Application of Standards (International Labour Conference, 104th Session, June 2015)

The Committee notes the discussion in the Conference Committee on the Application of Standards (CAS) on the application of this Convention by Honduras.

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the Honduran National Business Council (COHEP), received on 28 August 2015. It also notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2015.

The Committee notes that the discussion in the CAS concerned the need to strengthen the labour inspection system, including through: legislative reforms, the availability of sufficient financial, human and material resources, including transport facilities; the conduct of a sufficient number of routine inspection visits throughout the country; the establishment of targeted inspection plans; the capacity building and training of labour inspectors; the need to grant labour inspectors adequate conditions of service, including sufficient remuneration to ensure their impartiality and independence from any improper external influences; the need to give effect in practice to the principle of free access of labour inspectors to workplaces; and the need to increase the penalties for labour law violations, including the obstruction of labour inspectors, and ensure their application through effective enforcement mechanisms.

Plan of action to strengthen the labour inspection system. The CAS noted the information provided by the Government relating to a national plan of action to strengthen the labour inspection system. The CAS noted that this plan includes several initiatives, such as increasing the number of labour inspectors to 200 by 2016, and improving the financial and material resources of the labour inspection services. Taking into account the discussion, the CAS requested the Government to consider including the following among its planned reforms: professionalizing labour inspection staff; making inspection tasks more specialized; pursuing a multidisciplinary approach; increasing the wage budget and improving logistics; and ensuring that penalties for breaking the law are increased so as to be dissuasive and are determined through pre-established, objective procedures that guarantee all parties the right to a fair hearing; substantially increase the number of inspectors, particularly in areas which are underserved at present, and ensure that they are provided with the material resources needed to carry out their work; develop a proactive inspection plan to focus on sectors where there are regular violations of labour legislation, including the informal sector, agriculture and maquilas; continue receiving technical assistance from the ILO in order to overcome the remaining legal and practical obstacles to applying the Convention. The Committee requests the Government to provide information on how the abovementioned issues have been included in the plan of action to strengthen the labour inspection system. It also requests the Government to provide information on the progress made with the implementation of the objectives in this plan.

Legislative reform. The Committee notes from the discussions in the CAS that the Government intends, in consultation with the most representative workers’ and employers’ organizations, to reform the Labour Code, and to enact a labour inspection act. It notes from the observations made by the IOE and the COHEP that the relevant consultation procedure is under way, and that the Government intends to seek ILO technical assistance with regard to the final version of the draft Labour Inspection Act. The Committee welcomes these developments and requests the Government to keep it informed of progress made in this regard.

Article 6. Adequate conditions of service of labour inspectors, including sufficient remuneration to ensure their impartiality and independence from any improper external influences. The Committee notes that the discussions in the CAS concerned the need to grant labour inspectors adequate conditions of service, including sufficient remuneration to ensure their impartiality and independence from any improper external influences and that the CAS requested the Government to consider the increase of the wage budget of labour inspectors.

In this regard, it notes the Government’s indications that: (i) the professional profile, salary scale and categorization of labour inspections posts (that is, junior inspectors, senior inspectors and chief inspectors) has been established; (ii) the draft Labour Inspection Act provides for selection criteria for labour inspectors in competitive exams and promotion, including academic qualifications and seniority; and (iii) improvements in the remuneration of labour inspectors in the budget of the labour inspectorate for 2016 are already provided for. The Committee also notes the Government's indications concerning the creation of new positions (so-called technical auditors in charge of performance management) which shall be responsible to evaluate the performance of labour inspectors, which includes the investigation of complaints made against them. The Committee requests the Government to provide detailed information on the remuneration of labour inspectors in the different categories. It also requests the Government to provide information on the level of remuneration of labour inspectors in relation to other public servants exercising similar functions, such as tax inspectors. With regard to the recruitment of staff responsible for the evaluation of the performance of labour inspectors, the Committee requests the Government to provide further information on the proposed system for investigating complaints made against labour inspectors (legal basis, cases in which a complaint may be received, methods used, scope of investigations, right of labour inspectors to be heard, etc.). Please also provide information on the consequences for labour inspectors if a complaint is found to be justified.

Article 7. Recruitment and training of labour inspectors. The Committee notes that the discussion in the CAS concerned the selection and training of labour inspectors, and their qualifications and functions in relation to occupational safety and health (OSH). It recalls that the CAS requested the Government to consider the professionalization and specialization of labour inspection staff, and the introduction of a multidisciplinary approach. The Committee requests the Government to describe the recruitment procedure of labour inspectors (the body responsible for their recruitment, the qualifications and skills that are being tested, and the methods used (such as written examinations, job interviews, etc.). Please also provide information on the training provided to labour inspectors (number of participants and subjects covered, such as OSH, ethics in the inspection profession, establishment of non-compliance reports, etc.).

Articles 10 and 16 of the Convention. Number of labour inspectors and the conduct of a sufficient number of routine visits throughout the country. The Committee recalls that the CAS requested the Government to substantially increase the number of labour inspectors, particularly in areas which are underserved at present, and noted the Government’s commitment to increase the number of labour inspectors to 200 by 2016. In this regard, the Committee notes the observations made by the ITUC, according to which the number of labour inspectors is insufficient and concentrated in the capital area and main business centre, as well as the observations made by the IOE and the COHEP, that there is a lack of labour inspectors specializing in OSH. The Committee also notes the different indications made by the Government and the ITUC in relation to the number of labour inspectors (141 and 119 labour inspectors, respectively). In this regard, the Committee notes the Government’s indications in its report that the budget for the recruitment of additional staff (including 38 labour inspectors, four chief inspectors, two assistants to the chief inspectors, six technical auditors in charge of performance management and one chief technical inspector) has been approved and that efforts are being undertaken to provide for a geographic distribution that would enable the conduct of labour inspections with the necessary frequency and thoroughness throughout the country.

With regard to a sufficient number of labour inspection visits, the Committee recalls its previous comments in which it noted with regret that between 2005 and 2013, the great majority of inspection activities had focused on inspections as a result of complaints. In this regard, the Committee notes from the statistical information provided by the Government that this trend continued in 2014, with 12,193 labour inspections carried out as a result of a complaint and only 7,103 regular inspection visits carried out in that year. The Committee recalls that the CAS requested the Government to consider the development of a proactive inspection plan to focus on sectors where there are regular violations of labour legislation, including the informal sector, agriculture and maquilas. In this regard, the Committee notes the Government's indications that a strategic plan for labour inspection in 2016 is in the process of being established, and that a series of inspections in the maquila sector will be initiated in October 2015. The Committee requests the Government to provide information on the progress made with the recruitment of labour inspectors that the Government has committed to undertake. In this regard, the Committee requests the Government to provide clarification with regard to the number of labour inspectors currently working within the labour inspection services (including information on their job title, professional grade, geographical distribution, etc.).

In addition, the Committee requests the Government to communicate a copy of the 2016 strategic plan once it has been approved, and provide information on the priority areas for inspection. It requests the Government to continue to provide detailed information on the number of routine labour inspections and the inspections carried out as a result of a complaint. If possible, these statistics should be aggregated by region and sector concerned.

Article 11. Adequate financial and material means, including transport facilities. The Committee notes that the CAS requested the Government to take measures to ensure the allocation of adequate material resources, including transport facilities to the labour inspection services. It notes that issues that were discussed in the CAS included those previously raised by this Committee, such as the need of the parties to pay for the transport of inspectors, depriving workers who lack such means from access to inspection services.

In this respect, the Committee notes the information provided by the Government in its report that the budget has been approved for the purchase of four vehicles for the exclusive use of the labour inspectorate (which will be distributed among the four principal cities). While the Committee notes the Government’s reference to a lack of resources, it also notes the observations made by the ITUC that the lack of resources was no acceptable excuse, as the Government had benefited from various international cooperation projects. The Committee requests the Government to provide information on the measures taken to improve the transport facilities of the labour inspectorate. It further requests the Government to provide information on the percentage of the national budget allocated to the labour inspection services, and to describe the material conditions throughout the territorial inspections services, including the transport facilities available to the different labour inspection services throughout the territory.

In addition, it requests the Government to ensure that the costs incurred during labour inspections are reimbursed, and requests the Government to provide detailed information on the fulfilment of this obligation in practice, including on the number of cases in which costs were reimbursed, and the relevant amount paid to labour inspectors.

Articles 17 and 18. Need to increase the level of penalties for labour law violations, including the obstruction of labour inspectors, and ensure their application through effective enforcement mechanisms. The Committee notes the discussions in the CAS on the need to increase the level of penalties for labour law violations, including the obstruction of labour inspectors, and to ensure their application through effective enforcement mechanisms. It notes from the observations made by the ITUC that the level of penalties for labour law violations has not been updated since 1980, and that the penalties in force are negligible (for example, a fine for OSH violations ranges from US$2.40 to a maximum of $24, and a fine for not paying the minimum wage ranges from $4.80 to $48). Moreover, according to the trade union, in most cases, the labour inspectorate will close a case when a fine is paid in complete disregard as to whether the labour violations that gave rise to the fine were corrected or the workers provided with an effective remedy.

Concerning the enforcement of penalties for labour law violations, the Committee notes the observations made by the ITUC that the Government had repeatedly failed to enforce its labour law through its labour inspection and judicial system. In this regard, it notes the Government’s indications that the draft Labour Inspection Act provides for penalties that are more dissuasive, including with regard to the obstruction of labour inspectors. The Committee also notes the statistics provided by the Government on the sanctions imposed in 2014 (3,082 violations detected, and 306 sanctions imposed (without indicating the legal provisions to which they relate) in the amount of 935,000 Honduran Lempira (HNL) (approximately $42,340). The Committee requests the Government to provide information on the measures taken to ensure that penalties for breaking the law are sufficiently dissuasive, and provide a copy of the amended legislative provisions once they have been adopted. The Committee also requests the Government to provide an explanation for the discrepancy in the number of violations detected (3,082) and the number of cases in which a violation was imposed (306). The Committee requests the Government to continue to provide information on the number of penalties detected, the sanctions imposed and the amount of the fines collected, specifying the areas to which they relate (OSH, child labour, non-payment of wages, termination of employment, etc.).

Technical assistance for the establishment of an audit on the functioning of the labour inspection system. The Committee notes that the ILO technical assistance requested by the Government to conduct an audit of the performance of the labour inspectorate is scheduled to be conducted shortly. The Committee requests the Government to provide information on the outcome of this audit, and any measures taken to follow-up on the recommendations made therein.

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