Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

With reference to its observation, the Committee would be grateful if the Government would provide additional information on the following points.

Article 3, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes with interest the information that, in the cases of Tegucigalpa and San Pedro de Sula, the function of conciliation is entrusted to the Individual Disputes Office of the General Labour Directorate. Nevertheless, noting that at the level of the regional directorates, in view of the budgetary restrictions, this function is entrusted to labour inspectors. The Committee once again requests the Government to indicate, with supporting data, the manner in which it is ensured that the organization of the working time of inspectors gives priority to the discharge of their duties of inspection, advice and information rather than functions related to the resolution of collective disputes.

Article 8. The Committee notes that matters related to the specific working conditions of women and to child labour are preferably entrusted to women inspectors, while matters relating to the inspection of occupational health and safety conditions and compliance with the minimum wage are attributed in particular to male inspectors. The Government is requested to indicate the manner in which this distribution of duties is organized in practice in the workplaces inspected.

Articles 10 and 11. The Committee notes with concern the information concerning the successive reductions in the budget allocated to the Secretariat of State for Labour and Social Security in 2002, 2003 and 2004 in the context of the austerity policy and the rationalization of resources advocated by the Government and implemented through Decree No. PCM 005-2002 of May 2002 and it requests the Government to indicate the effects on the human, material and logistical resources of the labour inspection services. With reference to its previous comments, and while noting Decree No. 1775 of 22 August 2002 issuing rules respecting the per diem and other travel expenses of public officials and employees of the executive authorities. The Committee once again requests the Government to provide detailed information on the quality and arrangement of the inspection offices at the central and local levels, and on the resources and transport facilities available to labour inspectors for their official travel.

Article 12, paragraph 1(a). Noting that under section 2(a) of Decree No. 39 of 10 May 1982, occupational safety and health inspectors are authorized to enter workplaces during working hours with the prior consent of the employer or her or his representative, the Committee would be grateful if the Government would take the necessary measures to bring the legislation into conformity with the Convention so that labour inspectors are duly empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection.

Article 12, paragraphs 1(c)(iii) and 2. The Committee requests the Government to take the necessary measures to give effect to these provisions of the Convention.

Article 14. According to the information provided by the Government, an occupational safety and health manual has been published and general regulations on preventative measures for accidents at work and occupational diseases were adopted in 2002 and revised in 2004. Furthermore, a notification form for cases of occupational diseases is reported to have been prepared and the technical assistance of the ILO requested to determine the manner in which cases of occupational disease should be notified to the labour inspectorate. The Committee requests the Government to provide information on any development in this respect and copies of any relevant texts.

Article 18. The Committee notes that it is envisaged, in the context of the amendment of the Labour Code, to establish a new system of penalties based on minimum wages. The Committee hopes that such a system will make it possible to ensure that financial penalties are and remain of a sufficiently dissuasive nature and it requests the Government to provide any relevant information or documents available.