Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the Government’s report, as well as the statistical tables on the activities carried out by the labour inspection services in the capital and regions in 2007 (number of inspection visits, number of workers disaggregated by gender, number of proceedings, including conciliations, calculations of workers’ social benefits, consultations held, etc).

Noting that the Government has only replied very partially to the questions raised in its previous observation and direct request, the Committee draws its attention to the following points.

International cooperation. The Committee had previously requested the Government to provide information on any progress made in the implementation of the project for reinforcing workers’ rights in Central America (Centroamérica cumple y gana), and to send a copy of any relevant texts. It observes that the Government has failed to do this.

According to information available to the ILO and posted on the Internet, new resources have been allocated to the project, which was due to be completed in 2007, but was therefore extended until September 2008. These resources were aimed at broadening the distribution of information on the rights and obligations deriving from employment, and incorporating a “component” on discrimination against working women. Under this programme, it was planned to undertake training activities and actions to support staff responsible for gender matters in the ministries of labour of the countries concerned, as well as to carry out awareness-raising and training sessions for labour inspectors and mediators in this area. These resources were also earmarked for institution building, by providing equipment to labour inspection services and the Bureau for Working Women. It was also intended to allocate funds to improve planning, the computer system and public relations.

According to information available to the ILO, an assessment of labour inspection services was carried out this year by the ILO Subregional Office for Central America, in the context of the project RLA/07/04M/USA, with a view to strengthening the public administration in the Ministries of Labour in Honduras and El Salvador. The Committee notes that recommendations were made which included: setting up an integrated labour inspection service that is both specialized and multipurpose; overhauling labour inspection procedures; assessing and reviewing posts in the inspection services; exchanging information on enterprises with the Honduran Institute of Social Security; and setting up a national information network. The Committee hopes that the Government will not fail to inform the ILO of any progress achieved with the project “Centroamérica cumple y gana”, as well as of any follow up action to the recommendations made in the context of this survey.

Legislation. The Committee requests the Government once again to provide information on the progress made in adopting the Organic Act on the Secretariat of Labour and Occupational Safety, and in revising the Labour Code as announced by the Government in 2002.

Articles 6 and 15(a) of the Convention. Conditions of service of labour inspectors and prohibition on having any direct or indirect interest in undertakings under their supervision. According to the Government, labour inspectors come under the Public Service Act. They have no specific status and their contracts are not affected by changes of government. The Committee requests the Government once again to adopt, as soon as possible, legal provisions which ensure that the conditions of service of inspection staff are such as to guarantee that they are independent of all improper external influences (Article 6) and to prohibit labour inspectors from having any direct or indirect interest in the undertakings under their supervision (Article 15(a)). It also asks the Government to keep it informed of any developments or any difficulties encountered in this respect.

Article 11. Financial resources and transport facilities for inspection services. In its observation of 2006, the Committee had expressed the hope that the Government would do its utmost to ensure that, in determining the budget allocated to the working of the labour inspectorate, account would be taken of the obvious needs of the inspectorate and the requirements of the Convention. The Committee requested the Government to take tangible measures to this end and to provide information on them and on their results.

According to the Government, the regional offices of Chuloteca, San Pedro Sula, Danlí, El Progreso and Santa Rosa de Copán have been renovated and equipped so that the inspectors can carry out their functions more easily; in addition, the Central Labour Inspectorate and a number of regional offices have been provided with means of transport (bus and minibus). The Government nevertheless pointed out once again that the Central Labour Inspectorate does not have a budget to cover travel expenses for labour inspectors. The Committee hopes that measures will rapidly be taken to this end to encourage labour inspectors to travel further afield to cover establishments covered by the Convention, that appropriate resources will be allocated in the next budget of the labour inspection services and that the Government will inform the Office of any measures taken in this respect.

The Government is also asked to describe the procedures determining how the inspectors may use the bus and minibus provided  to the labour inspection services for their professional visits.

Articles 19 and 21. Periodical reports and publication of an annual inspection report. According to the Government, the regional labour inspectors submit monthly reports on the activities carried out in the various offices to the central labour inspection authorities. The Committee notes that the statistics provided indicate the proportion of planned activities carried out. It would be grateful if the Government would inform the Office of any progress made in collecting the data required by the central labour inspection authority to publish an annual report on the labour inspection services under its supervision, containing the information required in clauses (a) to (g) of Article 21.

It would be grateful if the Government would specify the manner in which the programmed objectives of the labour inspection services are determined.

Labour inspection and child labour. The Committee requests the Government once again to explain why it was decided to appoint inspectors specializing in child labour in Tegucigalpa et San Pedro Sula and to provide information on the results of their activities in terms of inspections, penalties imposed and the provision of advice and information to employers and workers. It would be grateful if the Government would indicate whether it is planned to appoint specialized labour inspectors in other areas and, in any event, to take immediate measures to ensure that inspections targeting breaches of the legislation on child labour are also carried out by non-specialized labour inspectors.

Furthermore, noting that the Government has not made any progress in the application of certain provisions under the Convention, the Committee is bound to reiterate the previous requests that it made directly in this respect:

Articles 12, paragraphs 1(a) and 18. Free access for labour inspectors to workplaces subject to inspection. According to the Government, the Ministry of Labour and Social Security has taken firm measures to ensure that labour inspectors are in general allowed to enter workplaces. Several joint inspections have been carried out by the Ministry of Labour and Social Security, the Minister for Security and the Procurator General, and further joint visits are to take place with assistance from a special procurator. The Committee would be grateful if the Government would specify the purpose of each of the above authorities in participating in these inspections, indicating the extent of the inspections and describing the measures implemented to give safety and health inspectors greater freedom to enter workplaces covered by the Convention, as requested by the Committee in its previous comments.

Article 14. Notification of occupational diseases to the inspectorate. With reference to comments it has made many times, the Committee again requests the Government to take steps to give full effect to this provision of the Convention and to provide copies of any relevant text governing the instances in which the inspectorate must be informed of cases of occupational disease and the manner of such notification.

Article 18. Appropriate penalties. With reference to its previous comments, the Committee notes that the draft revision of the Labour Code is being discussed by the Government and the social partners. It draws the Government’s attention to the relevance of this draft legislation to the establishment of a system for setting penalties that remain dissuasive regardless of any monetary fluctuations, and would be grateful if the Government would send the ILO information on any progress in this respect together with copies of any relevant texts.

The Committee is also addressing a request directly to the Government concerning other matters.