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

Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Honduras (Ratification: 1964)

The Committee notes the observations of the Honduran National Business Council (COHEP), received on 1 October 2020, and the Government’s reply to them. It also notes the Government’s report and the observations of the COHEP, received on 30 August 2024.

Article 1 of the Convention. Notification of occupational diseases. The Committee recalls that for several years it has been drawing the Government’s attention to the operational difficulties of the system for the notification of occupational diseases. The Committee notes that, according to the Government, there is still no system for the notification of occupational diseases, despite the fact that the General Directorate of Labour Inspection has electronic platforms which facilitate the notification by enterprises of employment accidents which occur on their premises. In this regard, the Committee notes the Government’s indication that it would be appropriate for the requirement to notify occupational diseases to be covered by the reforms to the Labour Code, provided that the corresponding opinion for its qualification has been issued by the competent authorities. The Committee notes with regret that no internal provision regarding the employer’s obligation to notify occupational diseases has been adopted. Finally, the Committee notes that, in accordance with section 435 of the Labour Code, it is only compulsory for employers to notify employment accidents, but not occupational diseases. Under these conditions, the Committee expects that the reforms of the Labour Code referred to above will permit the establishment of an effective system for the notification of occupational diseases which, as recognized by the Government, is of a compulsory nature. The Committee also requests the Government to provide statistical data on the number of occupational diseases notified to the competent authorities.

Recommendations of the Tripartite Working Group of the Standards Review Mechanism (SRM). The Committee recalls that the Governing Body, at its 346th Session (October–November 2022), upon the recommendation of the Tripartite Working Group of the SRM, confirmed the classification of Convention No. 42 as an outdated instrument and has included an item for its derogation or withdrawal on the Agenda of the 121st Session of the International Labour Conference (2033).

The Governing Body requested the Office to take follow-up measures to actively encourage the ratification of up-to-date instruments, namely Convention No. 121 and/or Convention No. 102 (Part VI) on employment injury benefits. The Committee therefore encourages the Government to envisage the possibility of ratifying the most up-to-date instruments in this thematic area.