Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee notes the observations made by the General Confederation of Workers (CGT), received on 1 September 2014, and the Government’s reply to those received on 27 October 2014.

Article 3(2) of the Convention. Functions of labour inspectors in the area of labour disputes. With reference to its previous comments on measures taken to guarantee that the conciliation or mediation duties undertaken by the labour inspectors do not interfere with the discharge of their primary duties, the Committee notes with interest the Government’s information that labour inspectors no longer participate in these duties. These now fall under the ambit of the Department for individual and collective conciliation and mediation of the Ministry of Labour and Social Security.

Articles 3(1), 7, 10, 11, 16 and 24. Adequate human, financial and material resources for the needs of inspection. In reply to its previous comments on measures taken to carry out a needs assessment of the labour inspection services in the areas of human resources and training, and financial and material resources, the Government indicates that the Civil Service Act regulates the selection and recruitment for public administration staff, the training for labour inspectors, and the budget earmarked by the central administration for labour inspection. It also states that the four vehicles allocated to the regional units are for the exclusive use of carrying out routine inspections. In its observations, the CGT emphasizes that the labour inspectorate is under-resourced, the number of inspectors is very low (120), and that the labour inspection services have little logistical support. In its reply to these observations, the Government considers that, while the General Labour Inspectorate may have little logistical support, this has not impeded its work, as shown by the statistics on inspections carried out between 2005 and 2013. The Government also denies that there are 120 inspectors as indicated by the CGT, specifying that there are currently 141 inspectors at the national level, 137 of whom have permanent positions and four are contracted as consultants. The Committee notes the information provided by the Government relating to the geographical distribution of the inspectors, and the statistics on inspections carried out between 2005 and 2013. The Committee regrets that since 2005, inspection activity has been focused on special inspections or on inspections as a result of complaints (in 2009, for example, there were 12,759 inspections based on complaints received and 2,033 routine inspections; in 2013, there were 11,506 inspections based on complaints received and 6,037 routine inspections). The Committee requests that the Government take the necessary measures to ensure that the workplaces liable to inspection under the Convention are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provision, in conformity with Article 16 of the Convention. It also requests the Government to provide information on the number and geographical distribution of the workplaces liable to inspection and of the workers employed therein, that it specifies the number of vehicles available to labour inspectors or the transport available to them for the performance of their duties and their geographical distribution, as well as any other useful information for the assessment, by the competent authority, of the needs of the labour inspectorate relating to human resources (inspectors and administrative staff), material resources, facilities and means of transport.

Articles 6 and 15(a). The need to ensure conditions of service which guarantee that labour inspectors have stability of employment and are independent of changes of government and of improper external influences. In its previous comments, the Committee once again requested the Government to provide information on the measures adopted or envisaged to complement national legislation by including specific legal provisions to guarantee inspection staff job security and independence in the event of any changes in government and of any other improper external influences. The Government refers firstly to the constitutional provisions stipulating that the civil service regime regulates employment and public services relations of public servants based on the principles of competence, efficiency and honesty, the administration of which is subject to the Civil Service Act. It also indicates that the Act regulates the conditions for entering public administration, promotions and advancement based on merit and qualifications, job security, transfers, suspensions and guarantees, remedies against decisions that affect them, and also establishes the independence of the public servants relating to changes in government. The Government also reports that at the end of 2013, structure of posts within the Integrated System for Human Resource Management (SIARH) was reviewed and updated, to assess their budgetary impact and create new categories (labour inspector, chief labour inspector and regional labour coordinator), which are currently being developed. The Committee draws the Government’s attention to paragraphs 201–216 of the 2006 General Survey on labour inspection where it states that it is vital that levels of remuneration and career prospects of inspectors are such that high-quality staff are attracted, retained, and protected from any improper influence. The Committee requests the Government to specify the measures adopted to ensure that all inspectors enjoy job stability, and guarantee that they have the necessary independence to perform inspection duties, and protect them from all improper influences (such as improvements in the levels of remuneration and career prospects). The Committee also requests that the Government report on the development of new categories of inspection staff positions and, where necessary, its impact on the independence of labour inspectors and the assurance that they are free from improper external influence.

Articles 18 and 21(e). Appropriate penalties and effective application. With reference to its previous comments, the Committee notes the Government’s indication that no agreement has been reached between the Government and the social partners on the draft review of the Labour Code, which includes a reform of section 625 setting out sanctions against the obstruction of the fulfilment of labour inspectors’ duties and the violation of the legal provisions that are not subject to any special penalty. In its observations, the CGT also states that workers have to pay for the intervention of an inspector if they are unfairly dismissed, but that most workers do not have the means to do so and offences go unpunished. In its reply, the Government does not refer to this question. In its observations, the CGT also states that there are managers who do not allow labour inspectors to enter enterprises, such as in the maquila industry, fast food outlets, security companies, restaurants, and sanitation companies. The Government states in its reply that while it is true that certain managers do not allow labour inspectors to enter enterprises, section 625 of the Labour Code provides for a fine for obstructing the fulfilment of labour inspectors’ duties without prejudice to any other corresponding criminal, civil or labour procedure. Labour inspectors must highlight this situation in their report so that the relevant procedure may be initiated and the penalty applied. In this respect, the Committee notes the decision issued by the General Labour Inspectorate, imposing a fine on a private security company, whose manager did not take action in time to present evidence or documents. The Committee emphasizes that, according to statistics provided by the Government, the number of cases in which a sanction was applied between 2005 and 2013 is negligible in relation to the number of cases not sanctioned, and that there was a significant drop between 2005 and 2013. The Committee points out, as it did in paragraph 295 of the abovementioned General Survey, the importance of having sufficiently dissuasive fines, adjusted to take account of inflation. The Committee requests the Government to take the necessary measures to establish a suitable method to revise penalties provided for in the case of obstructing the fulfilment of labour inspectors’ duties and for non-compliance with labour legislation. It also requests the Government to ensure that those penalties are effectively applied and to provide in its next report statistics on violations of labour legislation reported by labour inspectors (indicating the legal provisions in question) and the penalties imposed.

Technical assistance. The Committee notes that the Government has requested ILO technical assistance for an audit on the functioning of the labour inspection system in Honduras. The Committee hopes that the requested technical assistance will be provided in the near future and requests the Government to inform it on any activities undertaken in this context.

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

[The Government is asked to reply in detail to the present comments in 2016.]