Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report for the period up to June 1999. The Committee also notes the comments made by the United Confederation of Workers of Honduras (CUTH) and the Government's response. It requests the Government to provide information and clarification on the application of the following provisions of the Convention.

Article 1 of the Convention. System of labour inspection. The Committee notes with interest the publication "New role of the General Labour Inspection in the process of integration and globalization", describing the project of modernization of the Labour Administration of the Central America region and the participation of Honduras in this project. The Committee notes that the Ministry of Labour has identified as a priority area in the process of modernization the strengthening of labour inspection (training, improvement of labour legislation, basic programme of information and social-labour statistics, elaboration of manuals of administrative procedures, general plan for the computerization of the labour statistics database). The Committee asks the Government to supply information on improvements in labour inspection activities due to the implementation of this project and on further developments in this area.

Article 3, paragraph 2. Duties entrusted to labour inspectors. The Committee notes, that in accordance with article 617(d) of the Labour Code, labour inspectors are obliged by duty to intervene in all difficulties and labour conflicts between workers and employers, so as to prevent their worsening and attaining conciliation. The Committee asks the Government to indicate the measures which have been taken to ensure that such duties of labour inspectors do not interfere with the effective discharge of their primary duties listed in Article 3, paragraph 1, and do not prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Articles 4 and 5. Supervision and control by a central authority; cooperation. The Committee notes that the Secretariat of Labour and Social Security is composed of two inspection services, i.e. the General Labour Inspection and the Labour Inspection in the area of Hygiene and Occupational Safety. The Committee asks the Government to indicate how cooperation is organized between these two inspection services.

Article 6. Stability of employment; independence of changes of government and improper external influences. The Committee notes the indication of the Government that labour inspectors lack stability of employment since they can be removed from their posts as a result of a change of government. The Committee also notes the comments by CUTH stressing that labour inspectors should benefit from stability of employment. Recalling that stability of employment and independence of changes of government and improper external influences is an essential principle on which the efficacy of inspection systems rests and that inspectors cannot act in full independence if their service or their career prospects depend on political considerations, the Committee asks the Government to indicate the measures envisaged in order to give effect to this Article of the Convention.

Article 10. Number of labour inspectors. According to the CUTH, since the number of inspectors in Honduras is insufficient, the Government should increase it. In its report the Government states that the General Labour Inspection comprises 80 labour inspectors. The previous report indicated that there were 85 labour inspectors in the General Labour Inspection. The publication "New role of the General Labour Inspection in the process of integration and globalization" states that in 1997 in the Ministry of Labour there were approximately 125 labour inspectors. The Committee asks the Government to provide information on the current number of labour inspectors in both the General Labour Inspection and the Labour Inspection in the area of Hygiene and Occupational Safety and to indicate whether any measures have been envisaged to increase their number.

Article 11. Local offices, transport facilities, reimbursement of expenses. The Committee notes the Government's indication that the budget of the Secretariat of Labour and Social Security is scanty and does not permit compliance with the provisions of this article. The Government's report refers to the inadequacy, inter alia, of office equipment and transportation facilities. Referring in addition to the comments of the CUTH, pointing also to the lack of transport facilities, the Committee asks the Government whether any measures have been envisaged to improve the situation in respect of offices, the transport facilities furnished to labour inspectors and the reimbursement to labour inspectors of any travelling and incidental expenses which may be necessary for the performance of their duties. The Committee recalls that labour inspection is of fundamental importance in ensuring the application of labour standards and that it should be given the necessary priority in budgetary decisions. The Committee requests the Government to inform it of any progress made in this respect.

Article 12, paragraph 1(c)(iv). Powers of labour inspectors. The Committee asks the Government to indicate the specific provisions of the national legislation empowering labour inspectors to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified thereof.

Article 14. Notification of cases of occupational disease. The Committee asks the Government to indicate whether the labour inspection is notified of cases of occupational disease and, if so, to indicate the specific provisions of the national legislation determining the cases and the procedure of such notification.

Article 15(a). Prohibition from having any direct or indirect interest in the undertakings under supervision. The Committee asks the Government to indicate whether any rules have been adopted to give effect to this Article of the Convention and, if so, to provide the copy of the adopted rules.

Articles 20 and 21. Annual reports. The Committee notes that an annual report on the work of the inspection services in Honduras has not been transmitted to the ILO. The Committee requests the Government to indicate the measures taken or envisaged to give effect to these Articles of the Convention.