Maritime Labour Convention, 2006 (MLC, 2006) - Honduras (Ratification: 2016)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006), as well as the observations of the Honduran National Business Council (COHEP), received on 31 August 2021. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2016 and 2018, entered into force for Honduras respectively on 8 January 2019 and 26 December 2020. The Committee welcomes the adoption of Decree No. 93-2019, which approved the Special Act for the recruitment, placement and hiring of Honduran seafarers in the Cruise Industry (the “Special Act”). Following a second review of the information and documents available, the Committee draws the Government’s attention to the following issues. 

Impact of the COVID-19 pandemic. The Committee notes the observations of the International Transport Workers’ Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States did not comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on protection of the rights of seafarers established under the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article II, paragraphs 1(f) and 2 of the Convention. Definitions and scope of application. Seafarers. In its previous comment, noting that section 264 of the Labour Code excludes from the definition of seafarer such persons as the master, the officers, the doctor, hospital and clinic staff, and it is not clear from the provisions cited whether apprentices, who are not part of the crew, are considered to be seafarers, the Committee asked the Government to indicate the measures taken to ensure that the protection provided by the Convention benefited all seafarers covered by the Convention. The Committee notes the Government’s indication that Decree No. 93-2019 approved the Special Act for the recruitment, placement and hiring of Honduran seafarers in the Cruise Industry (the “Special Act”). The Committee notes that section 4(8) of the Act defines seafarers as “any natural person of Honduran nationality or domiciled in Honduras, trained and certified by the General Directorate of the Merchant Navy (DGMM), in accordance with the regulations accrediting occupational knowledge and capabilities, recruited to work abroad, in any capacity, on board a cruise ship flying a foreign and national flag”. While noting with interest this new definition which applies to the cruise industry, the Committee requests the Government to adopt the necessary measures to amend section 264 of the Labour Code to give full effect to Article II of the Convention in respect of all ships covered thereby. The Committee also requests the Government to confirm whether apprentices are considered to be seafarers for the purposes of the Convention.

Article II, paragraph 1(a) and VII. Competent authorities and consultations. In its previous comment, the Committee requested information on the absence of consultations with the representative organizations of shipowners and seafarers within the framework of the MLC, 2006. The Committee notes that the Government reports in this respect that in order to ensure application of the Convention a preliminary draft of the Regulations governing the Special Law is being prepared within the Secretariat and that once the text has been reviewed by the institution’s experts, a tripartite meeting with the employers and workers will be convened to review and provide inputs to the draft. The Committee notes that the COHEP reports that it has no knowledge of consultations held with the representative organizations of shipowners and workers convened either by the Economic and Social Council (CES) or by the State Secretariat for Labour and Social Security (STSS). The Committee reiterates the importance of the consultations required under Article VII of the Convention and requests the Government to adopt the necessary measures to comply thoroughly with the Convention.

Article V. Implementation and enforcement. In its previous comment, the Committee requested the Government to provide details of the measures adopted to give effect to Article V of the Convention. The Committee notes the Government’s indication that section 8 of the Special Act refers to conduct that is prohibited to employment agencies, while section 32 defines irregular recruitment, which is subject to a fine, “without prejudice to the corresponding criminal liability”. The Committee notes, according to the information provided by the Government, that development of the regulations for the Special Law is pending. The Committee requests the Government to provide information on any developments in this regard as well as details on any measure adopted to give effect to Article V with regard to all ships covered by the Convention.

Regulation 1.1. Standard A1.1, paragraph 1. Minimum age. Observing that section 239 of the Labour Code prohibits work on board ship for minors aged under 16 years, apart from students or apprentices on board training ships approved and monitored by the Secretariat for Public Education, the Committee requests the Government to take the necessary measures to ensure that employment of minors under 16 years of age is prohibited on board ships flying the national flag. In view of the lack of new information on this point, the Committee requests the Government to adopt without delay the necessary measures to comply fully with Standard A1.1, paragraph 1.

Regulation 1.1. Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. Noting that section 129 of the Labour Code prohibits “night work and overtime hours for minors under 16 years of age”, the Committee requested the Government to indicate the measures adopted to give effect to Standard A1.1, paragraph 2, which prohibits, with certain exceptions, night work for seafarers under the age of 18. In the absence of a response on this point, the Committee requests the Government to take the necessary measures to bring its legislation into conformity with these requirements of the Convention, specifying the definition of the term “night” for the purposes of Standard A1.1, paragraph 2.

Regulation 1.1. Standard A1.1, paragraph 4. Minimum age. Hazardous work. In its previous comments, the Committee observed that the regulation on child labour, reformed under Agreement STSS-441-16, lists hazardous work prohibited for minors under 18 years of age without taking into account the particularities of work on ships. The Committee notes the Government’s indication that in this regard it will convene the organizations of shipowners and of seafarers to compile a list of hazardous work in the maritime sector. The Committee requests the Government to adopt the necessary measures to compile a list of hazardous work in the maritime sector, in conformity with the requirements of the Convention and to inform it on all progress achieved.

Regulation 1.2 and Standard A1.2, paragraph 1. Medical certificate. Examination prior to beginning work. Observing that the scope of Agreement No. 016-2012, of 19 April appears to be limited to seafarers who opt for certification or endorsement, the Committee requested the Government to clarify how it gives effect to Standard A1.2, paragraph 1 with regard to all seafarers covered by the Convention. In the absence of information on this point, the Committee requests the Government to indicate the measures adopted to give effect to Regulation 1.2 and Standard A1.2, paragraph 1 with regard to all seafarers covered by the Convention, including seafarers who perform tasks on board without forming part of the ship’s crew and whose work is not directly related to navigation.

Regulation 1.3, paragraph 2. Training and qualifications. Personal safety on board ship. In its previous comment, the Committee requested clarification in respect of the scope of Agreement No. 005-2016, of 17 March, which refers to a basic maritime safety course. The Committee notes that in this regard the Government indicates that there is a curricular framework for training, in conformity with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW), which was approved by Agreement No. 21-2012, of 30 April 2012, and refers to the evaluations conducted by the International Maritime Organization (IMO) concerning the full application by Honduras of this Convention (resolution MSC.1/CIRC.1164/Rev.22 of 9 December 2020). The Committee takes note of this information.

Regulation 1.4 and Standard A1.4. Recruitment and placement. In its previous comment, the Committee noted that nine seafarers’ unions act as private recruitment and placement services and that the State of Honduras does not provide public recruitment and placement services. The Committee recalls that Standard A1.4, paragraph 3 allows shipowners’ and seafarers’ organizations in the territory of a Member to supply private recruitment and placement services solely in respect of seafarers that are nationals of the Member and of ships flying its flag, and requested the Government to indicate the measures adopted to bring its legislation into conformity with Regulation A1.4 and the Code. In this regard, the Committee notes with interest that the provisions of the Special Act mentioned above that establish a system whereby employment agencies that recruit or place Honduran seafarers in the cruise industry are authorized by, and under the supervision of, the State Secretariat for Labour and Social Security. Noting the limited scope of the Special Act, the Committee requests the Government to adopt the necessary measures to give effect to the requirements of Standard A1.4 with regard to all sectors in which recruitment and placement services for seafarers operate.

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. In its previous comment, the Committee requested the Government to indicate the measures adopted or envisaged to give full effect to Standard A1.4, paragraph 5(c)(vi). In this regard, the Committee notes that both the Government and the COHEP refer to the Special Act, section 7 of which makes it obligatory for employment agencies to establish a protection system, through an insurance, or by other appropriate equivalent means, in conformity with the Convention. The Committee notes that development of the regulations for the Special Law is pending. The Committee requests the Government to provide information on any development in this regard, as well as details on the manner in which the system is applied in practice.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and A2.2 paragraph 7. Seafarers’ employment agreement and wages. Captivity as a result of acts of piracy and armed robbery against vessels. With regard to the amendments of 2018 to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) Do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) How are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) Do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above questions, in each case indicating the applicable national provisions.

Regulation 2.1 and standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice period for termination. Shorter notice period for urgent reasons. In its previous comment, the Committee requested details of the measures that give effect to these requirements of the Convention. The Committee notes that the Government refers to the Special Act, section 23 of which regulates termination of the employment contract and section 26 of which refers to compensation, entitlements and benefits in case of early termination of the employment contract. Noting however that neither of these provisions establishes a notice period different from those set out in sections 116, 222, 226 and 250 of the Labour Code, or provides for a shorter or non-existent period of notice for early termination of the employment contract for humanitarian reasons, the Committee requests the Government to adopt the necessary measures to give effect to Standard A2.1, paragraph 5, and to provide information on the application of Standard A2.1, paragraph 6.

Regulation 2.1 and Standard A2.1 and paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. In its previous comment, the Committee noted that the Act on seafarers’ recruitment does not require that seafarers should have the opportunity to examine the employment agreement and to seek advice before signing, in conformity with the provisions of Standard A2.1, paragraph 1(b). The Committee notes with interest that the Special Act’s section 7(2) establishes that employment agencies “shall ensure that seafarers are aware of the rights and obligations provided under the employment contracts before, during and after the process of recruitment and that appropriate measures shall be adopted to allow seafarers to revise and analyse their employment contract, before signing it, in as many original copies as may be necessary and to provide copies to the parties concerned”. Noting that the Special Act applies exclusively to intermediation in the cruise industry, the Committee requests the Government to adopt appropriate legislative measures to give effect to Standard A2.1, paragraph 1(b) for all seafarers covered by the Convention.

Regulation 2.1 and Standard A2.1 paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. In its previous comment, the Committee recalled that the record of employment and the employment agreement differ in form and purpose. The Committee notes that the Government refers to the Special Act. Noting however that the Special Act contains no provisions in respect of the record of employment on board, the Committee requests the Government to adopt the necessary measures to give effect to Standard A2.1, paragraphs 1(e) and 3 of the Convention.

Regulation 2.3 and the Code. Hours of work and hours of rest. In its previous comment, the Committee observed that Agreement No. 44-2012 of the DGMM on hours of rest and watchkeeping by seafarers, which incorporates the STCW into national law, only gives partial effect to Regulation 2.3. The Committee notes the Government’s indication that section 17 of the Special Act regulates ordinary working hours, while section 18 regulates overtime hours. The Committee observes that although the Act cited establishes a maximum of 72 hours of work in each period of seven days, it does not fix a maximum of 14 hours in each period of 24 hours. The Committee requests the Government to amend the Special Act on this point to give full effect to the Convention. It also observes that the Special Act applies solely to the cruise industry, and requests the Government to adopt the necessary measures to give full effect to Regulation 2.3 for all seafarers covered by the Convention.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours standard. In its previous comment, the Committee requested the Government to provide detailed information on the manner in which Standard A2.3, paragraph 3 is applied, including with respect to seafarers under the age of 18. The Committee observes that section 17 of the Special Act regulates the ordinary working day and that section 19 refers to public holidays. Noting that the Government does not provide information on other legislative provisions, the Committee requests the Government to indicate the measures adopted to give full effect to the requirements provided by Standard A2.3, paragraph 3, including information on the hours of work and hours of rest of young seafarers.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. In its previous comment, recalling that Standard A2.3, paragraph 12 requires that each seafarer receive a copy of the records pertaining to him or her, which shall be endorsed by the master, or a person authorized by the master, the Committee requested the Government to indicate the measures taken to give effect to this requirement of the Convention. Observing that the information provided by the Government does not respond to its comment, the Committee requests the Government to adopt the necessary measures to give full effect to Standard A2.3, paragraph 12.

Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement annual leave. Minimum paid annual leave. Method of calculation. In its previous comment, the Committee requested the Government to indicate the measures taken to give effect to Standard A2.4, paragraphs 1 and 2. The Committee notes with interest that sections 11(8) and 21 of the Special Act regulate paid annual leave and the method of calculation for the cruise industry, in conformity with the provisions of the Convention. Observing however that the Act cited does not apply to all seafarers covered by the Convention, the Committee requests the Government to indicate the measures adopted to give full effect to Standard A2.4, paragraphs 1 and 2.

Regulation 2.5 and Standard A2.5.1. Repatriation. Circumstances. The Committee requested the Government to provide detailed information with respect to the measures adopted to give effect to Standard A2.5.1, paragraph 2, for all seafarers covered by the Convention. The Committee notes that the Government refers to provisions regarding repatriation in the Special Act, section 23 of which regulates repatriation at no cost to the seafarer, without prejudice to the provisions of collective agreements or to “agreements concluded between the parties in respect of contractual assignments for reasons solely and exclusively attributable to the seafarer”. The Committee requests the Government to explain what is to be understood by the latter agreements in respect of contractual assignments, which do not appear to be in conformity with the provisions of the Convention. Moreover, observing that the Special Act only applies to the cruise industry, the Committee requests the Government to take the necessary measures to give full effect to Regulation 2.5, paragraph 1 and to Standard A2.5.1, paragraphs 1 and 2, specifying the applicable legislation.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. In its previous comment, the Committee requested the Government to indicated the measures taken to ensure that all provisions in national law which deprive seafarers of this right are limited to the circumstances permitted in the Convention and to provide information on the manner in which it is ensured that shipowners pay for the repatriation in all cases in which seafarers are entitled to this right. The Committee notes that the Government refers to the Special Act. Observing however that the Act cited has no provisions regulating this matter, the Committee requests that the Government adopt all necessary measures to give full effect to Standard A2.5.1, paragraph 3.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In its previous comment, the Committee asked the Government to indicate the measures adopted to give effect to Standard A2.5.2. The Committee notes that the Government refers to the Special Act which, however, does not give effect to this Standard. The Committee requests the Government to adopt the necessary measures to give effect to Standard A2.5.2.

Regulation 2.7 and the Code. Manning levels. The Committee requested the Government to specify how it gives effect to Standard A2.7, paragraph 3 which requires, when determining manning levels, that the competent authority take into account all the requirements within Regulation 3.2 and Standard A2.5.2 concerning food and catering. The Committee notes the Government’s indication that section 7(5) of the Special Act establishes that the employer is obliged to provide food and water of good quality. Noting that the Government does not reply to its request, the Committee once again requests the Government to indicate the measures adopted to give effect to Standard A2.7, paragraph 3 of the Convention.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee requested the Government to provide further information on the application of this Regulation. The Committee notes that the Government refers to the Inspection Regulation recognizing and issuing maritime safety certificates for vessels registered in Honduras, Agreement No. 000836-B of 8 November 1995, later amended. The Government also refers to section 11 of the Special Act, under which employers have the obligation to “provide accommodation and safe and adequate recreational facilities”. Noting that the Inspection Regulation does not include the measures provided under Regulation 3.1 and the Code and that the Special Act does not give effect to these requirements either, the Committee requests the Government to adopt the necessary legislation to give effect to Standard A3.1.

Regulation 3.2 and Standard A3.2, paragraphs 1 and 2. Food and catering. Minimum standards. The Committee noted the Government’s indication that, once ratified, a Convention is incorporated into national law and that, in consequence, Standard A3.2, paragraphs 1 and 2 of the MLC, 2006 are directly applicable. Recalling that Regulation 3.2 constitutes a framework of general principles on food and catering and requires the adoption of laws and regulations or other measures to provide minimum standards for the quantity and quality of food and drinking water and for the catering, the Committee requested the Government to indicate the measures adopted to give full effect to these requirements of the Convention. The Committee takes note of the information provided by the Government regarding the existence of certification inspections carried out through recognized organizations holding valid public service contracts with the Administration of the DGMM and the obligation of the employer to provide food and water of good quality is established in section 11(13) of the Special Act. Noting that these provisions do not apply the minimum standards required under Standard A3.2, paragraphs 1 and 2, the Committee once again requests the Government to adopt the necessary measures to give full effect to the requirements provided under Standard A3.2, paragraphs 1 and 2.

Regulation 3.2 and Standard A3.2, paragraphs 3 and 4. Food and catering. Training. The Committee requested the Government to provide details on the training course in line with Standard A3.3, paragraph 4. The Committee takes note of this.

Regulation 3.2 and Standard A3.2, paragraph 7. Food and catering. Inspections. The Committee requested the Government to indicate the applicable legislative measures and to specify who carries out inspections and the matters which must be subject to inspection. The Committee notes that the Government refers to the Special Act mentioned above. Observing that the Special Act does not regulate this matter, the Committee requests the Government to adopt the necessary measures to give effect to Standard A3.2, paragraph 7.

Regulation 3.2 and Standard A3.2, paragraph 8. Food and catering. Ship’s cook. Minimum age. In its previous comment, the Committee noted the absence of specific legislation to regulate this matter. The Committee takes note of the Government’s indication that one of the requirements laid down by the Occupational Training Institute (INFOP) to obtain cook’s certification is to be over 18 years of age. While taking note of this information, the Committee requests the Government to adopt the necessary measures to ensure that in no circumstances may a minor of under 18 years of age be employed or contracted to work as a cook on board a ship.

Regulation 4.1 and Standard A4.1. Medical care on board and ashore. The Committee asked the Government to indicate the measures taken or envisaged to give effect to Regulation 4.1 and Standard A4.1, paragraphs 1 and 4 with respect to seafarers who work on board ships that fly the Honduran flag. The Committee notes that the Government refers to section 11(9) of the Special Act, under which the employer has the obligation to “provide health protection by means of the medical health care on board”. Observing that the Special Act does not establish specific measures required by these provisions of the Convention, the Committee requests the Government to adopt the necessary measures to give effect to Regulation 4.1 and Standard A4.1, paragraphs 1 and 4, with respect to seafarers who work on board ships that fly the Honduran flag.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee requested the Government to specify whether the pertinent Labour Code provisions apply to seafarers covered by the Convention, detailing the manner in which this legislation gives effect to the requirements of Standard A4.2.1, paragraphs 1 to 7. The Committee notes the Government’s indication that Honduras is in the process of brining its legislation into line with the provisions of the MLC, 2006. The Government also refers in this regard to the abovementioned Special Act. The Committee requests the Government to provide information on any new measure adopted to give full effect to Regulation 4.2 and the Code.

Regulation 4.2 and Standards A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In its previous comment, the Committee requested the Government to indicate the measures that give effect to Standards A4.2.1 and A4.2.2. The Committee notes the Government’s indication that the minimum requirements of the system of financial security set out in Standard A4.2.1, paragraph 8 are established under Special Act sections 28(6), on compensation and benefits for employment accidents or occupational diseases, and section 29 on compensation and other entitlements in the event of death. Observing that the Special Act reiterates the contents of section 8 of DGMM Agreement No. 11-2017 and that there are no provisions in sections 28 and 29 of the Special Act to ensure compliance with Standard A4.2.1, paragraph 8, with the single exception of the mention of the persons who must be paid compensation in the event of the death of the seafarer, the Committee requests the Government to adopt the necessary measures to give effect to Standard A4.2.1 and A4.2.2 for all seafarers covered by the Convention.

Regulation 4.3 and Standard A4.3, paragraphs 1 to 4. Health and safety protection and accident prevention. National requirements and guidelines. The Committee requested the Government to indicate any measures adopted to adapt the standards on occupational safety and health set out in the Labour Code to the specific conditions of the maritime sector. The Committee notes that the Government and the COHEP refer to section 11(17) of the Special Act, which establishes, inter alia, that the employer shall provide a work space where safety and health standards may be complied with. Observing the general character of this provision, which does not reflect the detailed requirements of the Convention and the scope of which is moreover limited to the cruise industry, the Committee requests the Government to adopt the necessary measures to give effect to Standard A4.3, paragraphs 1 to 4, and provide information on the adoption of national guidelines for the management of occupational safety and health on board ships.

Regulation 4.3 and Standard A4.3 paragraphs 5, 6 and 8. Health and safety protection and accident prevention. Reporting, statistics and investigation. The Committee requested the Government to provide further details, in the light of Standard A4.3, paragraphs 5 and 6, on the manner in which statistics on occupational accidents and diseases relating to seafarers are reported, investigated and published. Noting that the Government reports that it has no statistical data available, the Committee requests the Government to adopt the necessary measures to give full effect to Standard A4.3, paragraphs 5 and 6.

Regulation 4.5 and the Code. Social security. The Committee requested the Government to confirm whether all seafarers covered by the Convention ordinarily resident in Honduras, including non-nationals, are covered by the national social security scheme in a way no less favourable than that enjoyed by shoreworkers. In the absence of detailed information on this point, the Committee reiterates its request.

Regulations 5.1.1 and 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. In its previous comment, the Committee requested the Government to indicate measures adopted to establish an effective and coordinated system of inspection of the conditions for seafarers on board ships that fly its flag. The Committee notes the Government’s indication that certification inspections and annual inspections are carried out through recognized organizations holding valid public service contracts with the Maritime Administration of Honduras. The Committee takes note of this information.

Regulation 5.1.2 and Standard A5.1.2. Flag State responsibilities. Authorization of recognized organizations. The Committee requested the Government to provide the text containing the provisions which empower the recognized authorities to perform the functions of inspection and certification with respect to the MLC, 2006, as well as information on the requirements for the recognition and authorization of these organizations, the list of organizations and a copy of the delegation agreement. The Committee notes that the Government refers to DGMM circular 001/2021, which contains elements of the guidelines formulated by the IMO. While noting this information, the Committee requests the Government to specify the recognized organizations that have been authorized to carry out inspection and certification functions with regard to the MLC 2006.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. In reply to the Committee’s request, the Government has provided a copy of the Maritime Labour Declaration of Conformity (DMLC), part II, as well as a copy of a maritime labour certificate and of a provisional certificate. Observing that the DMLC, part II is completely blank, the Committee requests the Government to provide one or more copies of the DMLC, part II, duly certified by the competent authority.

Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On-board complaints procedures. In its previous comment, the Committee requested the Government to indicate the measures adopted to establish appropriate procedures for handling complaints on board that comply with the requirements in Regulation 5.1.5. The Committee notes that the Government and the COHEP indicate that the Special Act regulates the right to submit complaints of seafarers covered by the Convention. Observing however that the Special Act does not appear to regulate the procedure for any complaint, the Committee requests the Government to adopt the necessary measures to give effect to Regulation 5.1.5 and Standard A5.1.5.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. In its previous comment, noting that there was no rule in domestic law to give effect to Regulation 5.1.6, the Committee requested the Government to indicate measures adopted in this regard. The Committee notes that the Government indicates that the measures adopted with respect to investigation of marine accidents are those set out in IMO resolution A.849 (20). Observing that this resolution does not apply to the MLC, 2006, the Committee requests the Government to adopt the necessary measures to give effect to Regulation 5.1.6.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling. In its previous comment, since no information had been provided, the Committee requested the Government to indicate the measures adopted to give effect to Regulation 5.2.2. In this regard, the Committee notes that the Government states that the Viña del Mar Latin-American Agreement on Port State Control gives effect to Regulation 5.2.2. Observing however that this matter is not regulated by domestic law, the Committee requests the Government to adopt the necessary measures to give effect to Regulation 5.2.2 and the Code, and to provide information in that regard.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006), as well as the observations of the Honduran National Business Council (COHEP) and the International Organisation of Employers (IOE), received on 1 September 2018, and the comments of the Government in reply to those observations. The Committee also notes the observations of the Seafarers’ Union of Honduras (SIPROMARH) and the Specialized Seafarers’ Union of Honduras (SIMAEH) communicated with the Government’s report. The Committee notes that the amendments to the Code, approved by the International Labour Conference in 2014, entered into force for Honduras on 18 January 2017. It further notes that the Government’s report was received after the entry into force of those amendments. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article II, paragraphs 1(f) and 2. Scope of application. Seafarers. The Committee notes that section 264 of the Labour Code (decree No. 189 of 1959) sets out that “the provisions of this Code govern relations between employers and workers on vessels engaged in coastal trade and seafarers of ships used exclusively in international traffic. A seafarer is considered any person who provides a services in any capacity on board a ship, except for: (1) master; (2) pilot; (3) officers; (4) doctor; (5) hospital and clinic staff; (6) persons working solely by a share of profits or earnings; (7) persons whose work is only related to loading and who are not actually at the service of the shipowner or the master; and (8) port workers who travel between ports. The relations between employers and workers, on ships used for international or domestic traffic, not regulated by this Code, are governed by the provisions of the Organic Act on the Merchant Navy and the Commercial Code”. The Committee also notes that section 220 of the Labour Code sets out that: “A ship’s crew shall consist of: the master, deck officers and engineers, pursers and accountants, sailors and any person who provides a service in any capacity on board a ship, except (a) persons working chiefly on their own account; (b) persons whose work is only related to loading and who are not actually at the service of the shipowner or the master; (c) port workers who travel between ports; and (d) apprentices under contract and pupils receiving grants”. The Committee notes that, in accordance with the above mentioned provisions, the concepts of crew and seafarers are not consistent and there are categories of persons who, while they are considered part of the crew, are not considered seafarers, for example, masters.

The Committee recalls that, in conformity with Article II, paragraphs 1(f) and 2, of the Convention, the term seafarer means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies. It also recalls that – except as expressly provided otherwise – the Convention applies to all seafarers, including seafarers who perform tasks on board without being part of the crew. Under Article II, paragraph 3, each Member shall determine, in consultation with the shipowners’ and seafarers’ organizations concerned, the exclusion from the scope of application of the Convention categories of persons in respect of whom there is doubt concerning their status as seafarers. The Resolution adopted at the 94th Session of the International Labour Conference (Resolution VII) concerning information on occupational groups provides information on the possible doubts and on criteria to guide the competent authority.

The Committee notes that section 264 of the Labour Code excludes from the definition of seafarer persons, such as the master, officers, doctor, hospital and clinic staff, whose status as a seafarer does not raise doubts for the purposes of the Convention. It also notes that it is not clear from the above provisions whether apprentices, who are not part of the crew, are regarded as seafarers. The Committee highlights in this respect that it considers that the on-board seafarer training implies, by definition, the fact of working on-board and that, therefore, the status as seafarers of apprentices or cadets does not raise doubts for the purposes of the Convention. The Committee requests the Government to adopt the necessary measures to ensure that the measures in application of the Convention are implemented in respect of all seafarers covered by the Convention and to provide information on progress made in this respect.

Article II, paragraph 1(a) and VII. Competent authority and consultations. The Committee notes that the COHEP and the IOE indicate that, under the Organic Act on the Merchant Navy, the General Directorate of the Merchant Navy is responsible for ensuring compliance with the Constitution and international agreements. The organizations indicate, however, that the Ministry of Labour and Social Security signed a framework contract on the minimum terms and conditions for the Honduran seafarers’ work, which was not agreed to by the social actors in the sector or the Merchant Navy. The organizations refer to certain observations transmitted to the Ministry of Labour and Social Security prior to the signing of the agreement. The Committee notes the Government’s indication, in reply to those observations, that both the General Directorate of the Merchant Navy and Ministry of Labour and Social Security are competent to ensure compliance with the Convention. The competence of the Secretariat of State is based on the Labour Code and in the Regulations on organization, operations and competences of the Executive Power. The Government specifies that the Secretariat of State has not signed any agreement and that the document cited by COHEP and the OIE is a draft. With respect to the alleged lack of consensus relating to that document, the Government indicates that the processes and dates on which the draft was communicated to the sectors for consultation are recorded; it also indicates that the observations of COHEP were not sent in time and that the worker sector did not send comments. The Government adds that all relevant contributions will be considered in the revision and finalization stages of the agreement. Recalling the importance of consultations with the representative organizations of ship owners and seafarers within the framework of the MLC, 2006, the Committee encourages the Government to continue holding consultations with a view to giving full effect to the Convention.

Article V. Implementation and enforcement responsibilities. Responsibility of the flag State. The Committee notes the Government’s indication that all national seafarers work on board foreign flag ships. It also notes that the Government provides conflicting information on the number of national ships covered by the Convention. The Committee recalls that, under Article V, paragraphs 1 and 2 of the Convention, each Member shall implement and enforce laws or regulations or other measures that it has adopted to fulfil its commitments under this Convention with respect to ships and seafarers under its jurisdiction and shall effectively exercise its jurisdiction and control over ships that fly its flag. The Committee also recalls that the Convention sets out two important exceptions to the rule of the flag state that provide for the responsibility of the Member in relation to labour supply: the obligation to exercise its jurisdiction and control over seafarer recruitment and placement services established in its territory; and the obligation to adopt the necessary measures to ensure that all seafarers ordinarily resident in its territory receive protection in at least three branches of social security. The Committee requests the Government to provide clear and updated data on the number of ships that fly its flag.

Sanctions. The Committee notes that, according to the information provided by the Government, the existing national provisions to prohibit violations of the requirements of the Convention and establish sanctions or require the adoption of corrective measures adequate to discourage such violations, are included in sections 116 et seq. of the Organic Act on the Merchant Navy. The Committee notes, however, that this Act does not include specific provisions in application of the MLC, 2006, except for certain provisions on the inspection of ships. The Committee also notes that, while sections 220 et seq. of the Labour Code regulate sea work on waterways, the only sanction relating to maritime work is in section 241 regulating the infringement of non-compliance with the percentage of Honduran seafarers who must be on board ships flying the Honduran flag. The Committee requests the Government to provide details on the applicable legislative provisions prohibiting violations of the requirements of the Convention and establishing sanctions to discourage such violations, in conformity with Article V(6).

Regulation 1.1. Standard A1.1, paragraph 1. Minimum age. The Committee notes that section 239 of the Labour Code prohibits work for any person under the age of 16, who shall not provide services on board any ship, except for apprentices of accredited school ships, supervised by the Ministry of Education. The Committee recalls that apprentices are considered seafarers for the purpose of the Convention (see Article II). The Committee also recalls that, in accordance with Standard A1.1, the employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited, and that there are no exceptions permitted under the Convention in this respect. The Committee requests the Government to take the necessary measures to ensure, without exception whatsoever, that employment of any person under the age of 16 is prohibited on board ships flying its flag.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes the Government’s indication that Honduran legislation prohibits workers between the ages of 14 and 18 from performing night work or overtime. The Government also indicates that there may be exceptions to seafarers’ night work in cases of watchkeepers and/or emergencies on board. The Committee notes, however, that in accordance with section 129 of the Labour Code “night work and overtime is prohibited for minors under 16 years of age”. The Committee recalls that under Standard A1.1, paragraph 2, night work of seafarers under the age of 18 is prohibited. It also recalls that exceptions to the restriction on night work may only be made in the cases provided for under paragraph 3 of that Standard. The Committee requests the Government to take the necessary measures to bring its legislation into conformity with these requirements of the Convention, specifying the definition of the term “night” for the purposes of Standard A1.1, paragraph 2.

Regulation 1.1. Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the Government’s information that hazardous work is prohibited for minors under 18 years of age in accordance with Agreement No. STSS-441-16, which provides for the reform of the regulation on child labour. The Committee notes that this regulation includes a list of hazardous work prohibited to minors under 18 years of age. However, it notes that this list does not take into account the particularities of work on ships. The Committee recalls that Standard A1.1, paragraph 4 sets out the prohibition of employment or engagement of seafarers under the age of 18 in work likely to jeopardize their health or safety. This work shall be determined by national laws or by the competent authority, after consultation with the with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to indicate the measures taken to adopt a list of types of hazardous work in conformity with these requirements of the Convention.

Regulation 1.2 and Standard 1.2, paragraph 1. Medical certificate. The Committee notes the Government’s reference to Agreement No. 016-2012, of 19 April of the General Directorate of the Merchant Navy which, in application of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW) sets out that all seafarers who opt for certification or endorsement shall be subject to a medical examination which certifies their physical aptitude for the proper performance of their duties at sea; and the requirement to present that medical certificate in order to obtain such a certification. Referring to its comments on Article II, the Committee requests the Government to clarify whether the above Agreement is applied to all seafarers covered by the Convention, including seafarers who do not form part of the ship’s crew and whose work is not directly related to navigation.

Regulation 1.3, paragraph 2. Personal safety training on board. The Committee notes the Government’s indication that under customary law all seafarers must successfully complete personal safety training on board. The Committee also notes that Agreement No. 005-2016, of 17 March (Regulation on the minimum maritime safety requirements for seafarers on board ships sailing in Honduras waters) refers to a basic maritime safety course. The Committee notes that the above Agreement covers only national seafarers who carry out activities in international waters and does not apply to all seafarers covered by the Convention. The Committee requests the Government to indicate the measures adopted to give effect to Regulation 1.3, paragraph 2 with respect to all seafarers covered by the Convention.

Regulation 1.4 and Standard A1.4. Recruitment and placement. The Committee notes the Government’s indication that all national seafarers work for foreign flag ships and that Regulation A1.4 is applied by means of Agreement No. 11-2017 of the General Directorate of the Merchant Navy which includes the Regulations on recruitment and placement of seafarers (Agreement No. 11-2017). The Committee notes that these Regulations reproduce a large part of Standard A1.4. The Agreement refers to legislative decree No. 932 of 7 May 1980 – the Act on seafarers’ recruitment – under which only sea and waterway trade union organizations, and other non-profit making institutions, duly recognized and authorized by the State, may be used as intermediaries in the management of seafarers’ recruitment, subject to the provisions of this Act, the Labour Code and other applicable Acts, regulations and international agreements. The Committee notes that, in accordance with section 12 of the Act on seafarers’ recruitment, the placement offices of the General Directorate of Employment, under the Ministry of Labour and Social Security, will continue their recruitment activities, under the corresponding legal and regulatory provisions. The Agreement also refers to “Plan 20/20” and the need to regulate the recruitment and placement services of seafarers, given that many seafarers seek employment in ships that fly flags other than those of their own countries. The Agreement further provides for the parallel and complementary competence of the Maritime Authority and the Secretary of State in the supervision of public and private recruitment and placement services.

The Committee notes the Government’s indication that there are nine seafarers’ unions that act as private recruitment and placement services. It also notes the Government’s indication that currently the State of Honduras does not provide public recruitment and placement services for seafarers. The Committee recalls that, while Standard 1.4, paragraph 3, of the Convention permits seafarers’ and shipowners’ organizations in the territory of the Member to supply private recruitment and placement services subject to paragraph 2 of the same Standard, those organizations, may only provide the service of supplying “seafarers who are nationals of that Member to ships which fly its flag”. Therefore, under the Convention, those organizations are not authorized to place national seafarers on board ships flying a foreign flag. The Committee requests the Government to adopt measures to bring its legislation into conformity with the requirements under Standard A1.4 and of the Code.

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. Compensation insurance. The Committee notes the Government’s indication that the protection system established for the compensation of seafarers for monetary loss they may incur as a result of the failure of a recruitment and placement service to meet its obligations with them is the subject of discussion with the social partners. The Committee notes that section 8 of Agreement No. 11-2017 regulates this eventuality and provides that insurance must, as a minimum, cover the event of death, sickness, accidents and repatriation. The Committee recalls that the scope of the requirement relating to the system of compensation through insurance envisaged under Standard A1.4, paragraph 5(c)(vi) is not limited to the requirements within the framework of the financial security system which should be stipulated in accordance with the 2014 amendments (Standards A2.5.2, A4.2.1 and A4.2.2), but rather is broader and covers all monetary loss seafarers may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them. The Committee requests the Government to indicate the measures adopted or envisaged to give full effect to Standard 1.4, paragraph 5(c)(vi) of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice periods for the early termination of a seafarers’ employment agreement. The Committee notes the Government’s indication, without referring to the applicable legislation, that, in accordance with the seafarers’ employment agreements (AEGM), the minimum notice period for early termination is 15 days. The Government adds that the period may change according to each collective agreement signed by workers with each enterprise. Notwithstanding, the Committee notes that the reading of sections 116, 222, 226 and 250 of the Labour Code reveals the possibility of terminating an employment contract with a notice period shorter than 15 days. The Committee recalls that Standard A2.1, paragraph 5, requires the adoption of laws or regulations which establish minimum notice periods not shorter than seven days. The Committee requests the Government to indicate the legislation which gives effect to Standard A2.1, paragraph 5. It also requests the Government to provide information on the application of Standard A2.1, paragraph 6, specifying the manner in which the need to terminate the employment agreement on shorter notice or without notice for compassionate or other urgent reasons has been taken into account, indicating the applicable legislation or collective agreements.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Seafarers’ right to examine the employment agreement and seek advice before signing. The Committee notes the Government’s indication that in this respect the Act on seafarers’ recruitment applies. The Committee nevertheless notes that this Act does not require that seafarers are given the opportunity to examine the employment agreement and seek advice on it before signing it, in accordance with the provisions of Standard A2.1, paragraph 1(b). The Committee therefore requests the Government to provide information on the legislative measures adopted to give effect to Standard A2.1 paragraph 1(b).

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes the Government’s indication in this respect that, upon employment, the seafarer receives a copy of his employment agreement which includes a record of employment on board. The Committee recalls, however, that the record of employment and the employment agreement cover different purposes and forms. The Committee also recalls that, in conformity with Standard A2.1, paragraph 3, the form of the document containing the record of employment, the particulars to be recorded and the manner in which such particulars are to be entered, shall be determined by national law. The Committee requests the Government to indicate the measures adopted to give effect to Standard A2.1, paragraph 1(e) and 3 of the Convention.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes the Government’s reference to Agreement No. 44-2012 of the General Directorate of the Merchant Navy on hours of rest and watchkeeping by seafarers, which incorporates the STCW into national law. The Committee notes that this Agreement only partially gives effect to Regulation 2.3 as, for example, while a minimum is fixed of ten hours of rest in any 24-hour period, there is no requirement for a minimum of 77 hours of rest in any seven-day period, nor is it stipulated that the interval between consecutive periods of rest shall not exceed 14 hours (Standard A2.3, paragraphs 5 and 6). The Committee requests the Government to indicate which other measures have been taken or are envisaged to give full effect to the requirements under Regulation 2.3 and the Code.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours for seafarers. In the absence of information in this respect, the Committee requests the Government to provide detailed information on the manner in which Standard A2.3, paragraph 3 of the Convention is applied, including with respect to seafarers under the age of 18.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. The Committee notes the Government’s indication that seafarers can request records of hours of work from the human resources office on board each ship. The Committee recalls that Standard A2.3, paragraph 12, requires that all seafarers receive a copy of the records pertaining to them which shall be endorsed by the master, or a person authorized by the master, and by the seafarers. The Committee requests the Government to indicate the measures taken to give full effect to this requirement of the Convention.

Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to paid annual leave. Minimum standards and method of calculation. The Committee notes the Government’s indication that the period of paid annual leave is determined by the shipping company in question and ranges from one to two months. The Committee also notes the Government’s indication that there is no specific standard applicable to seafarers in relation to the method of calculation of leave and refers to the provisions of the Labour Code according to which the period of paid leave is calculated based on the length of service. The Committee recalls that, in line with Standard A2.4, paragraphs 1 and 2, each Member shall adopt laws and regulations determining the minimum standards for annual leave for seafarers and that, subject to any collective agreement or laws or regulations providing for an appropriate method of calculation that takes account of the special needs of seafarers in this respect, the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment. The Committee requests the Government to indicate the measures taken to give full effect to Standard A2.4, paragraphs 1 and 2.

Regulation 2.5 and Standard A2.5.1. Repatriation. Circumstances. The Committee notes the Government’s indication that under section 222 of the Labour Code, the circumstances under which seafarers are entitled to repatriation shall be agreed in the employment agreement, specifying the port to which the seafarer shall be returned or, failing that, his place of embarkation. Section 223 provides that it shall always be the obligation of the employer to return the seafarer to the place or port for all types of agreement established in the above section, before concluding the agreement. Section 231 provides for repatriation in the case of non-culpable accidents. The Committee also notes the observations of SIPROMARH according to which all its members are entitled to repatriation, at no cost, in cases of termination of the employment agreement for any reason (dismissal, mutually agreed termination, seafarer’s and/or shipowner’s will), and in the case of leave for sickness or accident and on compassionate grounds for a sick family member. This right is guaranteed through the shipowner’s insurance policies for seafarers, and through insurance with SIPROMARH for these cases. The Committee recalls that Standard A2.5.1, paragraph 2, sets out that each Member shall ensure that there are provisions in its laws and regulations or other measures or in collective bargaining agreements that cover: the circumstances in which seafarers are entitled to repatriation in accordance with paragraph 1(b) and (c) of this Standard; the maximum duration of service periods on board following which a seafarer is entitled to repatriation – such periods to be less than 12 months; and the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements. The Committee requests the Government to provide detailed information with respect to the measures adopted to give effect to Standard A2.5.1, paragraph 2, for all seafarers covered by the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment to recover repatriation costs from seafarers. The Committee notes the Government’s indication that, under section 223 of the Labour Code, a prison sentence imposed on a worker for committing a crime on foreign territory, and other analogous situations which result in the absolute impossibility of compliance, do not give rise to the obligation to repatriate the seafarer. The Committee also notes that the SIMAEH indicates that seafarers must assume the costs of their repatriation where they have been incurred in the context of serious default of their employment obligations. The Committee recalls that Standard A2.5.1, paragraph 3, prohibits shipowners from requiring that seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the seafarers’ wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. Recalling the fundamental importance of the right to repatriation, the Committee requests the Government to indicate the measures taken to ensure that all provisions in national law which deprive seafarers of this right are limited to the circumstances permitted in the Convention. The Committee also recalls that, while shipowners may recover the cost of repatriation in the limited circumstances defined in Standard A2.5.1, paragraph 3, this does not exempt shipowners from the obligation to pay for repatriation in the first instance. The Committee requests the Government to provide information on the manner in which it is ensured that shipowners pay for the repatriation in all cases in which seafarers are entitled to this right. It also requests information on the applicable provisions setting out the procedure under which it is determined that the seafarer is guilty of “serious default” of his employment obligations (Standard A2.5.1, paragraph 3).

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee notes that section 8 of Agreement No. 11-2017 sets out that the recruitment and placement services must establish a system of protection by way of insurance or an equivalent appropriate measure, providing compensation for all monetary loss seafarers may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them. To this end, the recruitment services must ensure that seafarers are protected by means of minimum coverage insurance, as set out in the MLC, 2006. Insurance must, as a minimum, cover: (a) the event of death, (b) sickness, (c) accidents and (d) repatriation. Such insurance shall be taken out by the recruitment agency with a national or international insurance provider with operations authorized by the National Banking and Insurance Commission of Honduras. In addition this insurance provider shall have an assistance network and/or representation at the international level. While noting this information, the Committee recalls that, in addition to the system of protection required for recruitment and placement agencies within the framework of Standard 1.4, Standard A2.5.2 requires financial security to be provided by the shipowner. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.7 and the Code. Manning levels. The Committee notes the Government’s indication that Agreement No. 032-2012 DGMM on minimum safe manning levels gives effect to Regulation 2.7 of the Convention. While taking this information into account, the Committee requests the Government to specify how effect is given to Regulation 2.7, paragraph 3, which requires that when determining manning levels, the competent authority shall take into account all the requirements within Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee also requests the Government to provide information on any machinery established by the flag State for the investigation and settlement of complaints or disputes concerning the manning levels on a ship (Guideline B2.7).

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes the Government’s indication that there is no national provision to guarantee that all ships have decent food and catering services for seafarers on board. It also notes that section 255 of the Labour Code sets out that the obligation of employers to provide comfortable and sanitary accommodation to seafarers on board. The Committee recalls that Standard A3.1, paragraph 1, requires each Member to adopt laws and regulations requiring that ships that fly its flag: (a) meet minimum standards to ensure that any accommodation for seafarers, working or living on board, or both, is safe, decent and in accordance with the relevant provisions of this Standard (the minimum standards are laid down in paragraphs 6 to 17 of Standard A3.1); and (b) are inspected to ensure initial and ongoing compliance with those standards (frequent inspections should be carried out by or under the authority of the master, as required under paragraph 18 of Standard A3.1). The Committee requests the Government to indicate the legislative measures adopted to give effect to the requirements detailed in Standard A3.1.

Regulation 3.2 and Standard A3.2, paragraphs 1 and 2. Food and catering. Minimum standards. The Committee notes the Government’s indication that Conventions ratified by Honduras are incorporated into the national legislation and therefore the requirements in Standard A3.2, paragraphs 1 and 2, are enforced in accordance with the MLC, 2006. While noting the information provided by the Government, the Committee recalls that Regulation 3.2 constitutes a framework of general principles on food and catering and requires the adoption of laws and regulations or other measures to provide minimum standards for the quantity and quality of food and drinking water and for the catering standards that apply to meals provided to seafarers on ships that fly its flag (Standard A3.2, paragraph 1). The Committee requests the Government to indicate the measures taken to give full effect to the requirements set out in Standard A3.2, paragraphs 1 and 2.

Regulation 3.2 and Standard A3.2, paragraphs 3 and 4. Food and catering. Training. The Committee notes the Government’s indication that ships’ cooks are required to complete a training course accredited by the competent authority and that they are trained by the Occupational Training Institute (INFOP). The Committee requests the Government to provide details on the content of the training course in line with Standard A3.2, paragraph 4, and to specify the manner in which account is taken of Guideline B3.2.2 (requirements for work as a ship’s cook).

Regulation 3.2 and Standard A3.2, paragraph 7. Food and catering. Inspections. The Committee notes the Government’s indication that documented inspections regarding food and catering are conducted each time a ship docks. The Committee recalls that, in accordance with Standard A3.2, paragraph 7, the competent authority shall require that frequent documented inspections be carried out on board ships, by or under the authority of the master, with respect to: (a) supplies of food and drinking water; (b) all spaces and equipment used for the storage and handling of food and drinking water; and, (c) galley and other equipment for the preparation and service of meals. The Committee requests the Government to indicate the applicable legislative measures and to specify who carries out inspections and the matters which must be subject to inspection.

Regulation 3.2 and Standard A3.2, paragraph 8. Food and catering. Minimum age to work as a cook. In the absence of provisions regulating this matter, the Committee requests the Government to indicate the measures taken to ensure that no seafarer under the age of 18 shall be employed or engaged or work as a ship’s cook on board ships that fly the Honduran flag.

Regulation 4.1 and Standard A4.1. Medical care on board and ashore. The Committee notes the Government’s indication that Honduran seafarers work on ships with foreign flags, and its information regarding health protection for these workers. However, the Government, referring to the provisions of the Labour Code and the employment agreements of seafarers also indicates that the shipowner is obliged to provide medical assistance to seafarers who are working; in the event the worker is not insured, the employer is obliged to pay his medical assistance and other fees. The Committee notes that section 231 of the Labour Code sets out that “the worker who suffers from any sickness unrelated to work and not intentionally acquired during the voyage shall have the right to receive assistance at his employer’s expense, both on board and onshore, with full pay. ... Cases covered by the Social Security Act or by the provisions on occupational risks shall be governed in accordance with those provisions.” The Committee recalls that in accordance with Regulation 4.1 and Standard A4.1, paragraph 1, to the extent consistent with the Member’s national law and practice, medical care and health protection services while a seafarer is on board ship or landed in a foreign port are provided free of charge to seafarers (Regulation 4.1 and Standard A4.1, paragraph 1(d)). In accordance with Standard A4.1, paragraph 4, national laws and regulations shall as a minimum provide for the following requirements: all ships shall carry a medicine chest, medical equipment and a medical guide in line with criteria prescribed in law (Standard A4.1, paragraph 4(a)); ships carrying 100 or more persons and ordinarily engaged on international voyages of more than three days’ duration shall carry a qualified medical doctor (Standard A4.1, paragraph 4(b)); ships which do not carry a medical doctor shall be required to have either at least one seafarer on board who is in charge of medical care or at least one seafarer on board competent to provide medical first aid (Standard A4.1, paragraph 4(c)); the competent authority shall ensure by a prearranged system that medical advice by radio or satellite communication to ships at sea is available 24 hours a day and that it is free of charge to all ships irrespective of the flag that they fly (Standard A4.1, paragraph 4(d)). The Committee requests the Government to indicate the measures taken or envisaged to give effect to Regulation 4.1 and Standard A4.1, paragraphs 1 and 4 with respect to seafarers who work on board ships that fly the Honduran flag.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes the Government’s indication that the Convention is regarded as part of national law and that agreements between shipowners and seafarers constitute binding provisions, hence shipowners are obliged to assume the costs in the circumstances mentioned in the Convention. The Government also indicates that the shipowner pays insurance for each seafarer on board but that there is no national provision that determines the period of time for which the shipowner shall pay the medical fees for disease or injury of a seafarer. The Government also indicates that the circumstances covered in the Social Security Act or in the provisions on occupational risks are general and not specific to the maritime sector. The Committee notes in particular that section 439 of the Labour Code provides for several cases in which the employer is exempt from all liability for occupational risks. The Committee requests the Government to specify whether the Labour Code provisions apply to seafarers covered by the Convention, detailing the manner in which this legislation gives effect to the requirements of Standard A4.2.1, paragraphs 1 to 7.

Regulation 4.2 and Standard A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee notes that section 8 of Agreement 11-2017 sets out that the recruitment and placement services must establish a protection system, by way of insurance or an equivalent appropriate measure, providing compensation for all monetary loss seafarers may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them. In this connection, the recruitment services must ensure that the seafarers are protected by means of, among others, minimum coverage insurance in the event of death, sickness or accidents provided for in the Convention. While noting this information, the Committee recalls that, in addition to the system of protection required from the recruitment and placement services in accordance with Regulation 1.4, under Standards A4.2.1 and A4.2.2, require financial security to be provided by the shipowner.

The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and Standard A4.3, paragraphs 1 to 4. Health and safety protection and accident prevention. National requirements and guidelines. The Committee notes the Government’s indication that Title V, chapter 1 of the Labour Code concerns occupational safety and health and is applicable to all workers irrespective of the branch and economic activity. The Government states, however, that as no provision therein relates specifically to the maritime sector, this legislation will be adapted to that sector. The Committee recalls that Regulation 4.3, paragraph 3, requires the adoption of legislation and other measures that address matters specified therein and respect the requirements detailed in Standard A4.3, paragraphs 1 to 4. The Committee also recalls that Regulation 4.3, paragraph 2, requires each Member to develop and promulgate national guidelines for the management of occupational safety and health on board ships that fly its flag, after consultation with representative shipowners’ and seafarers’ organizations. The Committee requests the Government to indicate any measures adopted to bring the maritime sector into line with the Labour Code with respect to occupational health and safety, specifying the manner in which effect is given to the requirements of Standard A4.3, paragraphs 1 to 4, and providing information on the adoption of national guidelines for the management of occupational safety and health on board.

Regulation 4.3 and Standard A4.3, paragraphs 5, 6 and 8. Health and safety protection and accident prevention. Reporting of accidents and diseases. The Committee notes the Government’s indication that the seafarers’ unions report occupational accidents, injuries and diseases to the Ministry of Labour and Social Security. The Committee requests the Government to provide further details, in the light of Standard A4.3, paragraphs 5 and 6, on the manner in which occupational accidents and diseases relating to seafarers covered by the Convention are reported and investigated, and statistics in that regard are published; and on the manner in which those statistics are analysed by the shipowner when conducting a risk evaluation in relation to occupational health and safety on board.

Regulation 4.5 and the Code. Social security. The Committee notes that, in conformity with Standard A4.5, paragraphs 2 and 10, the Government specifies the following social security branches: medical care, sickness benefit and maternity benefit. The Committee notes that the branches specified at the time of ratification are not consistent with the three minimum branches that must be included in accordance with Guideline B4.5, paragraph 1 (medical care, sickness benefit and employment injury benefit). The Committee requests the Government to indicate the manner in which due consideration has been given to this provision within the framework of Standard 4.5. It also requests the Government to specify measures adopted or envisaged to progressively extend social security protection to seafarers in other branches (Regulation 4.5, paragraph 2 and Standard A4.5, paragraph 11).

The Committee notes that the applicable social security regulation is the Social Security Act (Decree No. 140 of 19 May 1959) which covers risks relating to sickness, maternity, occupational accident and disease, invalidity, old age, survivors and involuntary redundancy. Employees of private and public enterprises are subject to mandatory social security, namely private and public sector workers in autonomous, semi-autonomous and decentralized institutions, persons over the age of 18 and under the age of retirement. The Committee notes that the Social Security Act provides for some exceptions with respect to certain categories of workers. The Committee requests the Government to indicate the manner in which Regulation 4.5 is enforced for seafarers under the age of 18. The Committee also requests the Government to confirm whether all seafarers covered by the Convention ordinarily resident in Honduras, including non-nationals, are covered by the national social security scheme in a way no less favourable than that enjoyed by shoreworkers.

The Committee notes the Government’s indication that, through the Honduran Social Security Institute, agreements have been signed with enterprises hiring personnel for work at sea, ensuring coverage on an equal footing with all workers covered under the general scheme. The Committee requests the Government to provide detailed information on the above agreements and to provide a copy of them.

Regulations 5.1.1 and 5.1.4, and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes the Government’s indication that the General Directorate of the Merchant Navy includes qualified staff to carry out inspection and certification activities, which are conducted by the port State, thereby ensuring adequate conditions of work for seafarers. The Government mentions that the applicable legislation in this respect is the Inspection Regulation recognizing and issuing maritime safety certificates to ships registered in Honduras (Agreement No. 000836-B, of 8 November 1995) (Inspection Regulation). The Committee notes that section 258 of the Labour Code provides for inspections of merchant vessels, as they relate to safety conditions, to be carried out exclusively by inspectors in the marine branch, whereas labour inspectors are confined to supervision when ships are in port, in accordance with marine regulations. The Section 92, paragraph 5, of the Organic Act on the Merchant Navy provides that the General Directorate of the Merchant Navy is competent to conduct visits of national and foreign ships, jointly with the competent authorities and to verify compliance with the standards of the International Maritime Organization (IMO) and the ILO, applicable to ships and seafarers. The Committee notes, however, that the Inspection Regulation referred to by the Government regulates exclusively the inspection and certification system in relation to maritime safety and does not appear to be applicable to inspection and certification provided for under the MLC, 2006. The Committee recalls that Standard A5.1.4 sets out requirements regulating: qualifications and training for inspectors of the flag State (Standard A5.1.4, paragraph 3); requirements for the inspectors’ independence (Standard A5.1.4, paragraphs 3, 6, 11(a) and 17); intervals between inspections (Standard A5.1.4, paragraph 4); procedures for receiving and investigating complaints, as well as for ensuring the confidentiality of the source of complaints (Standard A5.1.4, paragraphs 5, 10 and 11(b)); requirements for inspection reports (Standard A5.1.4, paragraph 12); cases in which a ship may be prohibited from leaving port (Standard A5.1.4, paragraph 7(c)); and the obligation to pay compensation for any loss or damage suffered as a result of the wrongful exercise of the inspectors’ powers (Standard A5.1.4, paragraph 16). The Committee requests the Government to indicate measures adopted to establish an effective and coordinated system of inspection of the conditions for seafarers on board ships that fly its flag in conformity with Regulations 5.1.1 and 5.1.4.

Regulation 5.1.2 and Standard A5.1.2. Flag State responsibilities. Authorization of recognized organizations. The Committee notes that section 9 of the Inspection Regulation provides that the General Directorate of the Merchant Navy shall authorize, through an agreement, specialized entities of recognized international prestige and honorability to carry out on its behalf inspections of ships flying the Honduran flag and shall also empower them to issue certificates referring to section 4 of this Regulation. The Committee notes the Government’s reference to a Code setting out the procedure for annual review and authorization of the recognized organizations, which is not made available. The Government adds that the recognized organizations are empowered to order inspections and the rectification of irregularities on board ships when requested by a port State under the delegation agreement signed by the Administration. The Committee requests the Government to provide the text containing the provisions which empower the recognized authorities to perform the functions of inspection and certification with respect to the MLC, 2006, as well as information on the requirements for the recognition and authorization of these organizations as they relate to their competence and independence (Standard A5.1.2, paragraph 2). It also requests the Government to communicate the list of recognized organizations that are empowered to inspect and certify compliance with the MLC, 2006 and a copy of a delegation agreement of the recognized organizations.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Documents on board. The Committee notes that the copy of the Declaration of Maritime Labour Compliance (DMLC), Part I, communicated by the Government is only an example, which is not in conformity with the model provided for in the MLC, 2006. It also notes that DMLC, Part I, refers to legislation that has not yet been adopted. The Committee recalls that, in line with Standard A5.1.3, paragraph 10, Part I of DMLC shall be drawn up by the competent authority which shall: (i) identify the list of matters to be inspected in accordance with paragraph 1 of this Standard; (ii) identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions as well as, to the extent necessary, concise information on the main content of the national requirements; (iii) refer to ship-type specific requirements under national legislation; (iv) record any substantially equivalent provisions adopted pursuant to paragraph 3 of Article VI; and (v) clearly indicate any exemption granted by the competent authority as provided in Title 3. The Committee requests the Government to provide a copy of the final version of the DMLC, Part I, which has been issued by the competent authority in conformity with the Convention. The Committee also notes that the DMLC, Part II, provided by the Government is blank and not completed by a shipowner nor approved by the competent authority, as provided by Standard A5.1.3, paragraph 10(b), of the Convention. The Committee requests the Government to communicate one or more examples of an approved DMLC, Part II, giving effect to paragraph 10(b) of Standard A5.1.3. It also requests the Government to provide a copy of a maritime labour certificate and a provisional maritime labour certificate issued in conformity with Standard A5.1.3.

Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On board complaint procedures. The Committee notes the Government’s reference to the Viña del Mar Latin American Agreement, a memorandum of understanding concerning the port State, the application of which is not relevant with respect to this requirement of the Convention. The Committee recalls that Regulation 5.1.5 sets out that each Member shall require that ships that fly its flag have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of this Convention. The Committee requests the Government to indicate the measures adopted to establish appropriate procedures for handling complaints on board that comply with the requirements in Regulation 5.1.5.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. The Committee notes the Government’s reference to the Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code), published on the IMO website, which does not appear to be binding. The Committee recalls that Regulation 5.1.6 sets forth the obligation of each Member to hold an official inquiry into any serious marine casualty, leading to injury or loss of life, that involves a ship that flies its flag. The Committee requests the Government to indicate the measures adopted to give effect to this provision of the Convention.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes that the Government has not provided information on this Regulation. The Committee therefore requests the Government to indicate the measures adopted to give effect to Regulation 5.2.2.

[The Government is asked to reply in full to the present comments in 2021.]