Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 127) sur le poids maximum, 1967 - Honduras (Ratification: 2012)

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the Honduran National Business Council (COHEP), received on 28 August 2015.

Legislation. Technical assistance. With reference to its previous comments, the Committee notes that both the Government in its report and the IOE and COHEP indicate that there have been no changes in the national legislation. The Government indicates that it is currently analysing the proposal made by COHEP to bring the Labour Code and the Health Code into conformity with the Convention, as the only legislation that is currently up-to-date is the General Regulations on measures to prevent employment accidents and occupational diseases of 28 June 2004. The Government adds that the National Occupational Health Commission (CONASATH) was consulted on the possibility of requesting ILO technical assistance to give effect to the Convention, which is how COHEP indicated its agreement. The Committee notes the Government’s further indication that the Department of Foreign Cooperation of the Secretariat for Labour and Social Security sent a request to the ILO requesting technical assistance for the application of the Convention. The Committee hopes that the Office will provide the technical assistance requested by the Government.

Article 7 of the Convention. Young workers. With reference to its previous comments, the Committee notes the information provided by the Government that, according to the routine inspections conducted, young persons under 16 years of age have not been identified working in loading or unloading, or similar activities. The IOE and COHEP also indicate that enterprises in the formal economy do not employ persons under 16 years of age. The Committee notes the Government’s indication that the representative of the General Confederation of Workers (CGT) on the CONASATH considered it necessary to refer in the Government’s report to the work carried out by minors in the informal economy. According to the Government, even though workers in the informal economy are not covered by the national legislation, the Department of Services for Women and Young Workers has taken measures since 2014 with a view to taking action to bring institutions closer to the working population in the informal economy through the promotion of workers duties and rights. The Committee requests the Government to continue providing information on this subject.

Article 8. Consultation with the most representative organizations of employers and workers concerned. Measures to give effect to the Convention. With reference to its previous comments relating to the presidency of CONASATH, the Committee notes that CONASATH coordinates the action of the National Occupational Health Programme and, for that reason, is chaired by the Secretariat of Health, and not the Secretariat of Labour and Social Security. The Committee notes that, according to the IOE and COHEP, meetings of CONASATH have not started up again and employers and workers are “marginalized” in the decision making process. The Committee requests the Government to hold effective consultations with the most representative organizations of employers and workers concerned, and to provide information on any developments in this regard.

Application in practice. The Committee notes the Government’s indication that, at the request of COHEP, it is implementing the plan of action to strenghten inspection which, in the same way as other action that is being taken within the framework of the Central America Free Trade Agreement with the United States, is intended to reinforce the schedule of inspections. The Government adds that there exists preliminary draft legislation on the General Directorate of Labour Inspection which seeks to modernize inspection and respond to the difficulties identified. The Committee also notes the “Roadmap on the procedure for the application of ILO Convention No. 127 on maximum weight to ensure decent work”.