Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

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Article 6 of the Convention. Adequate conditions of service of labour inspectors, including sufficient remuneration to ensure their impartiality and independence from any improper external influences. In reply to the request for information on complaints received against labour inspectors, the Government indicates in its report that the Technical Inspection Audit (ATI) dealt with a total of 36 complaints between 2020 and 2022, and that in 2023, 32 investigations were conducted. In 2023, the alleged violations included: (i) 15 cases of violation of article 321 of the Constitution (acts beyond the legal remit of public officials); (ii) ten cases of violations of section 3(10) of the Labour Inspection Act (LIT) (failure to comply with obligations or negligence in the performance of duties); (iii) three cases of lack of impartiality, under section 3(4) of the LIT (relating to cost-free labour proceedings); (v) one case of failure to establish an inspection report, under section 12(4) of the LIT; (vi) one case of failure to respect the principle of equity, under section 3(5) of the LIT; and (vii) one case related to problems with fact reporting, in violation of section 21 of the LIT regulatory text. The Government indicates that, of the 32 investigations conducted, 21 resulted in reports containing recommendations, nine in reports without recommendations and two in dismissals of the original complaints. The Government explains that reports containing recommendations – made in accordance with the regulations applicable to public officials – are issued when contraventions are found during an investigation; reports without recommendations are issued when no contraventions are found during examination of the evidence; and dismissed complaints are those lacking in legal grounds, logical justification or a connection with the facts being investigated (section 10(3) of the LIT regulatory text).

With regard to progress in the functioning of the ATI, the Committee notes the advances reported by the Government, including: (i) the development of the ATI Organization and Procedures Manual, aimed at modernizing and ensuring transparency and efficiency of its functions; (ii) the establishment of the ATI system, designed to facilitate complaint management and audit planning; (iii) the development of asynchronous learning for ATI auditors and ATI leadership, to improve their performance in accordance with the Organization and Procedures Manual; and (iv) the implementation of standardized formats for conducting audits, aimed at their simplification and inclusion of all necessary details.

With regard to labour inspectors’ wages, the Committee notes the information provided by the Government, indicating that in 2024 a salary adjustment process was carried out to establish a fairer and more equitable base salary, in line with the Manual on Positions and Wages of the Public Administration. Noting the high number of complaints received against labour inspectors compared to the number of inspectors (32 complaints in 2023 for a staff of 126 inspectors), the Committee requests the Government to continue to provide information disaggregated by year on the number of complaints received against labour inspectors, indicating the causes of such complaints, the number of investigations effectively carried out and the consequences in terms of disciplinary penalties or other measures adopted in cases where the ATI finds inspectors to be at fault or negligent, in accordance with the LIT regulatory text. The Committee also requests the Government to take the necessary measures to ensure an appropriate level of remuneration for labour inspectors, including in cases where inspectors are in particularly difficult working conditions or are at a significant geographical distance from their workplace. The Committee requests the Government to continue to provide information on the progress made in this respect, including with the wage-levelling process. The Committee also once again requests the Government to provide wage figures for each of the levels of labour inspectors (levels I, II, and III), relative to the wage levels of public officials carrying out similar duties.

Articles 10 and 16. Number of labour inspectors and the performance of a sufficient number of regular visits throughout the country. In response to its previous request, the Committee notes with concern that the Government indicates that it currently has a total of 126 labour inspectors at the national level, which is a reduction compared to the 169 inspectors reported in 2021. The Government indicates that there is currently a shortfall of 134 additional inspectors needed to meet the demands of inspection and that a proposal to obtain the necessary budget to fulfil this demand has been submitted to higher authorities. The Committee requests the Government to take the necessary measures to recruit new labour inspectors, to ensure that the number of inspectors is sufficient to guarantee the effective performance of the duties of the inspection services, and to continue to provide information on the number of inspectors actually working and their geographic distribution. With regard to its comment on the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and while noting the technical assistance being provided by the Office, the Committee requests the Government to take the necessary measures to strengthen labour inspection to ensure the effective application of the legal provisions on the working conditions of Miskito divers.

With regard to inspections carried out at the national level, the Committee notes the Government’s indication that, in 2021, 1,498 regular inspections and 12,131 unscheduled inspections were conducted; in 2022, 1,989 regular inspections and 16,116 unscheduled inspections were conducted; in 2023, 1,791 regular inspections and 15,287 unscheduled inspections were conducted; and from January to April 2024, there were 519 regular inspections and 4,324 unscheduled inspections. While noting that the number of unscheduled inspections (those further to a complaint) remains much higher than the number of regular inspections (those scheduled), the Committee requests the Government to take the necessary measures to ensure that the workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. In this respect, the Committee requests the Government to: (i) provide information on the measures taken to ensure that the inspection strategy and the annual operating plan are focused on sectors in which labour law violations are often found, including the informal economy; and (ii) continue to provide detailed information on the number of regular and unscheduled inspections conducted and provide information on inspections conducted in the informal economy.

Article 12(1)(a). Scope of labour inspectors’ free access to workplaces liable to inspection. The Committee notes the information provided by the Government that through the inspection programmes, inspections in workplaces are conducted without previous notice and decisions are issued to empower the labour inspector to access and enter the premises to conduct the inspection during non-working hours and days. With regard to the provision under section 39 of the LIT, the Government indicates that this provision should not be narrowly interpreted, as section 40 of this same Act entitles the labour authority to order extraordinary inspections at any time, including on non-working hours and days. The Committee highlights, however, that Article 12(1) of the Convention guarantees that labour inspectors shall enter freely and without previous notice at any hour of the day or night any workplace liable to inspection and that any further requirement, such as the need for decisions to enable inspections outside of the usual hours, may hamper the efficacy of the inspection system. Therefore, the Committee once again requests the Government to take the necessary measures to ensure that labour inspectors may enter freely and without previous notice, at any hour of the day or night, any workplace liable to inspection, as provided for in Article 12(1)(a) of the Convention.

Article 12(1)(c)(i). Scope of interviews as an investigation method. The Committee notes the information provided by the Government on the measures taken to amend section 49 of the LIT. In particular, the Committee notes the efforts made by the Labour and Social Security Secretariat to begin amendments to the Procedural Operating Manual for the General Labour Inspectorate (DGIT), which include expanding the questionnaires for employers and workers, aimed at giving labour inspectors a clearer picture of labour compliance in enterprises. The Committee notes that section 49 of the LIT continues to provide that, during inspections, the labour inspector must interview the workers and employers or their representatives separately, and the questions must refer only to the matter being inspected in order not to influence the interviewees’ answers. In this respect, the Committee once again urges the Government to take the necessary measures to amend this section of the Act to ensure conformity of the national legislation with the provisions in Article 12(1)(c) of the Convention. The Committee also requests the Government to provide more detailed information on the measures adopted to amend the Procedural Operating Manual for theDGIT and on the impact of such amendments on the application of this Article of the Convention.

Article 13. Preventive functions of labour inspection. In response to its previous comment, the Committee notes the information provided by the Government indicating that during 2023 and 2024, the DGIT did not order immediate corrective measures for the prevention and elimination of risks. However, the Government reports that in 2024 an inspection was carried out in an enterprise in which corrective measures had been ordered to mitigate risks, and that a second enterprise is being investigated to monitor compliance with labour standards and determine whether there are occupational safety and health risks. The Committee notes that section 12(9) of the LIT continues to set out a requirement of a prior expert opinion before labour inspectors order occupational safety and health measures. The Committee requests the Government to take the necessary measures to amend section 12(9) of the LIT in order to guarantee that labour inspectors effectively use their powers to order measures of immediate application in order to eliminate imminent risks to workers’ safety and health.

Article 15(c). Confidentiality of the source of complaints. In response to its previous comment, the Committee notes the information provided by the Government that complaints which may endanger workers’ job security are treated anonymously to ensure their protection. The Committee once again recalls, however, that the legislation in force (sections 40(2), 45, 49 and 53 of the LIT) still does not consider as absolutely confidential either the source of any complaint or the fact that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee once again requests the Government to ensure that labour inspectors treat as absolutely confidential the source of any complaint and give no intimation to the employer or his or her representative that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee requests the Government to provide information on the measures taken in this respect, including amendments to sections 40(2), 45, 49 and 53 of the LIT.

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