Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Honduras (Ratificación : 2016)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). Noting that the amendments to the Code of the Convention approved by the International Labour Conference in 2022 entered into force for Honduras on 23 December 2024,the Committee draws the Government’s attention to the questions included in the revised report form and requests the Government to reply to such questions in its next report, indicating in each case the applicable national provisions

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that, in relation to various of the points raised in its previous request, the Government refers to the draft Honduran Regulations on Maritime Labour (the Regulations), which incorporate provisions contained in the MLC, 2006, and indicates that they are in the final stages of being reviewed. The Government adds that the General Directorate of the Merchant Navy (DGMM) has prepared an introductory guide on the Convention entitled “Seafarers’ Rights”, which is provided free of charge to Honduran seafarers with a view to ensuring that they are empowered in relation to their labour rights. While welcoming the progress in the adoption of the Regulations, the Committee requests the Government to adopt without delay the necessary measures to give full effect to the provisions of the Convention, taking into consideration the matters raised below.

Impact of the COVID-19 pandemic. The Committee notes that, in reply to its comments, the Government has provided information on the measures adopted in response to the COVID-19 pandemic and more generally to improve the well-being of seafarers and their living and working conditions on board ship. The Committee takes note of this information.

Article II, paragraphs 1(f) and 2 of the Convention. Definitions and scope of application.Seafarers. The Committee notes that, in reply to its comments, the Government indicates that it has promoted a process for the reform of section 264 of the Labour Code (which excludes from the definition of seafarer, among others, the master, the officers and the doctor) and that, in 2023, a preliminary draft Bill was submitted to the National Congress to broaden the scope of that provision. The initiative was submitted for public consultation, with its formal approval being envisaged in 2025. The Government adds that in 2023 the DGMM issued an administrative decision setting out the legal status of apprentices to ensure that persons engaged in training on board ships benefit from the same rights and basic labour conditions as professional seafarers. The Committee requests the Government, in the context of the revision of section 264 of the Labour Code and the adoption of the Regulations, to take the necessary measures without delay to give full effect to Article II of the Convention. It also requests the Government to provide a copy of the decision of the DGMM providing that apprentices are seafarers for the purposes of the Convention.

Article V. Implementation and enforcement. The Committee notes that, in reply to its comments, the Government refers to various measures adopted with a view to strengthening the effective implementation of the MLC, 2006. While noting these measures, the Committee requests the Government to indicate the legislative provisions or regulations which prohibit violations of the requirements of the Convention.

Article VII. Consultation. The Committee notes the Government’s indication, in reply to its comments, that it is taking the necessary measures to strengthen tripartite consultation mechanisms and is promoting the active and continuous participation of the parties concerned in the formulation and implementation of policies that affect seafarers, in accordance with the principles of the Convention. The Committee takes note of this information.

Regulation 1.1 and Standard A1.1. Minimum age. The Committee notes the Government’s indication, in reply to its comments, that the draft Regulations explicitly prohibit the employment on board ship of persons under 16 years of age, except for cadets undergoing training on ships registered in Honduras under specific educational conditions and supervision. The Committee recalls that cadets are seafarers for the purposes of the Convention, which does not allow exceptions to the minimum age for work on board a ship covered by the Convention. The Committee requests the Government to take the necessary measures without delay to ensure that no person under 16 years of age, including cadets, can work on board a ship covered by the Convention. With respect night work, the Committee notes with interest that section 125 of the Code for Children and Young Persons provides that the hours of work of persons between the ages of 16 and 18 years may not exceed six hours a day and that they may be authorized to work until 8 p.m. With reference to the list of hazardous types of work in the maritime sector, the Government indicates that the DGMM, in coordination with the competent institutions, is making progress on its formulation. The Committee requests the Government to adopt without delay the list of hazardous types of work in accordance with the provisions of Standard A1.1, paragraph 4.

Regulation 1.2 and Standard A1.2. Medical certificate. The Committee notes the Government’s indication, in reply to its comments, that the draft text of the Regulations on medical certificates for seafarers has been prepared and aims to establish standards and procedures for issuing, renewing, validating and controlling medical certificates for seafarers serving on board ships engaged in international navigation registered with the DGMM, in conformity with the international standards contained in the MLC, 2006, and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended. The Committee requests the Government to provide information on the adoption of the Regulations on medical certificates for seafarers referred to above. With reference to its previous comments, it also requests the Government to take the necessary measures without delay to ensure that the requirements of Standard A1.2 apply to all seafarers covered by the Convention, including seafarers working on ships engaged in national voyages and those who perform work on board without being a member of the ship’s crew and whose work is not directly related to the navigation of the ship.

Regulation 1.4 and Standard A1.4. Recruitment and placement. The Committee notes that the Government has not provided further information in response to its request. In this context, the Committee recalls that there are various texts in Honduras regulating the seafarers’ recruitment and placement services, including: (i) the Labour Code (sections 43 and 248), which refers to the recruitment of Honduran seafarers to work on board ships flying foreign flags; (ii) Legislative Decree No. 932 of 7 May 1980, the Act on the recruitment of seafarers, which exclusively entrusts seafarers’ unions with the provision of recruitment and placement services; (iii) Decision No. 11-2017 of the DGMM issuing the Regulations on the recruitment and placement of seafarers, which refers to private placement services, both for the recruitment of crewmembers on ships who are nationals of Honduras and foreign nationals; and (iv) the Special Act on the recruitment and placement of Honduran seafarers in the cruise ship industry, Decree No. 93-2019 (Special Act) regulating the recruitment of Honduran seafarers to work on board cruise ships flying the Honduran or foreign flags. The Committee notes the Government’s indication that Circular EMB No. 001-2023 establishes provisionally the requirements and guidance on the certification and operation of seafarers’ recruitment and placement agencies, as well as seafarers’ unions which provide recruitment and placement services, so that they can operate in full conformity with the MLC, 2006. With reference to its previous comments, the Committee requests the Government to adopt the necessary measures without delay to harmonize the various legislative texts regulating seafarers’ recruitment and placement services, to ensure that they cover all the sectors in which such services operate (and not only cruises) and are fully in conformity with the requirements of Standard A1.4, including in relation to the requirement that only unions may provide services of placing national seafarers at the disposal of ships that fly the national flag (Standard A1.4, paragraph 3). The Committee also requests the Government to indicate how seafarers’ recruitment and placement services are monitored. Also recalling that, according to the indications provided by the Government, all national seafarers work on board ships that fly foreign flags, it requests the Government to provide updated statistics on the number of: (a) ships flying the Honduran flag and their gross tonnage; (b) seafarers engaged on ships flying the flag of Honduras, specifying how they were recruited; (c) seafarers engaged on ships flying foreign flags, specifying how they were recruited; and (e) seafarers’ recruitment and placement services that operate in Honduras.

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 or armed robbery against ships. With reference to the 2018 amendments to the Code of the Convention, the Committee notes the Government’s indication that this point will be addressed in the Regulations. The Committee requests the Government to indicate how effect is given to these provisions.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreements. Opportunity to examine and seek advice before signing. In its previous comment, noting that effect is given to this requirement only in respect of placement services in the cruise ship industry, the Committee requested the Government to adopt appropriate legislative measures to cover all seafarers to whom the Convention is applicable. Noting the Government’s indication that these requirements will be addressed in the Regulations, the Committee requests it to indicate the measures adopted to give full effect to Standard A2.1, paragraph 1(b).

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreements. Record of employment. Noting the Government’s indication that these requirements will be addressed in the Regulations, the Committee requests the Government to indicate the measures adopted to give effect to Standard A2.1, paragraphs 1(e) and 3.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreements.Termination. Minimum notice periods. Shorter notice period for urgent reasons. Noting the Government’s indication that these requirements will be addressed in the Regulations, the Committee requests the Government to indicate the measures adopted to give effect to Standard A2.1, paragraphs 5 and 6.

Regulation 2.2 and Standard A2.2, paragraphs 3 to 5. Wages. Allotments. The Committee notes that section 16 of the Special Act provides that seafarers may transmit their earnings on a monthly basis through a banking institution authorized for that purpose in Honduras to an assigned beneficiary in that country. The employer shall provide the facilities to seafarers at no cost to them. Recalling that the Special Act only applies to Honduran seafarers embarked on cruise ships flying the Honduran or a foreign flag, the Committee requests the Government to provide further details on the application of Standard A2.2, paragraphs 3 to 5 in relation to seafarers who work on all ships flying the Honduran flag which are covered by the Convention.

Regulation 2.3 and Standard A2.3. Hours of work and hours of rest. The Committee notes that the Government has not provided further information in reply to its comments. In this context, the Committee recalls that Decision No. 44-2012 of the DGMM on hours of rest and watchkeeping by seafarers, which incorporates the STCW into domestic law, only gives partial effect to Regulation 2.3, and that the Special Act only applies to the cruise ship industry and does not set a maximum of 14 hours of work in each period of 24 hours. The Committee requests the Government to adopt the necessary measures without delay to: (i) amend the Special Act on this point; and (ii) harmonize its legislation and give full effect to Regulation 2.3 in relation to seafarers who work on board all ships flying the Honduran flag that are covered by the Convention.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. Noting the Government’s indication that this requirement will be addressed in the Regulations, the Committee requests it to indicate the measures adopted to give effect to Standard A2.3, paragraph 12.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee requests the Government to provide information on the measures taken to give effect to Regulation 2.4, paragraph 2, and to indicate the applicable legislation.

Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to leave. Method of calculation. In its previous comment, noting that this requirement is only implemented in relation to the cruise ship industry, the Committee requested the Government to adopt appropriate legislative measures to cover all seafarers to whom the Convention applies. Noting the Government’s indication that this point will be addressed in the Regulations, the Committee requests it to indicate the measures adopted to give effect to Standard A2.4, paragraphs 1 and 2.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 to 3. Repatriation. Circumstances. Prohibition of advance payment and to recover costs from seafarers. In its previous comment, noting that effect is given to Standard A2.5.1, paragraph 1 only in respect of the cruise ship industry, the Committee requested the Government to adopt appropriate legislative measures to afford protection to all the seafarers covered by the Convention. Noting the Government’s indication that this matter will be addressed in the Regulations, the Committee requests it to indicate the measures adopted to give full effect to Standard A2.5.1, paragraphs 1 and 2. The Committee notes the Government’s indication, in reply to its comments, that the draft Regulations also provide that the shipowner shall be prohibited from recovering the cost of repatriation from the seafarers’ wages or entitlements, except in cases that are regulated. The Committee recalls that, although the shipowner may recover the cost or repatriation in the limited circumstances set out in Standard A2.5.1, paragraph 3 (where the seafarer has been found to be “in serious default of the seafarer’s employment obligations”), this situation does not prevent shipowners from being required to pay for repatriation in the first instance. The Committee requests the Government, in the context of the review of the draft Regulations, to adopt the necessary measures to give full effect to Standard A2.5.1, paragraph 3.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. Abandonment. Noting the Government’s indication that this matter will be addressed in the Regulations, the Committee requests it to indicate the measures adopted to give effect to Standard A2.5.2.

Regulation 2.7 and the Code. Manning levels. Noting the Government’s indication that this matter will be addressed in the Regulations, the Committee requests it to indicate the measures adopted to give effect to Standard A2.7, paragraph 3.

Regulation 3.1 and the Code. Accommodation and recreational facilities. Noting the Government’s indication that this matter will be addressed in the Regulations, the Committee requests it to indicate the measures adopted to give effect to Standard 3.1.

Regulation 3.2 and Standard A3.2, paragraphs 1, 2, 7 and 8. Food and catering. Minimum standards. Frequent inspections. Ship’s cook. Noting the Government’s indications that these matters will be addressed in the Regulations, the Committee requests it to indicate the measures adopted to give effect to Standard A3.2, paragraphs 1, 2, 7 and 8.

Regulation 4.1 and the Code. Medical care on board and ashore. Noting the Government’s indication that this matter will be addressed in the Regulations, the Committee requests it to indicate the measures adopted to give effect to Standard A4.1.

Regulation 4.2 and Standard A4.2.1, paragraphs 1 to 7. Shipowners’ liability. The Committee notes that, in reply to its comments, the Government indicates that this matter will be addressed in the Regulations. The Committee requests the Government to indicate the measures adopted to give full effect to Standard A4.2.1, paragraphs 1 to 7.

Regulation 4.2 and Standards A4.2.1,paragraphs 8 to 14, and A4.2.2. Shipowners’ liability. Financial security. The Committee notes the Government’s indication, in reply to its comments, that the national legislation does not contain specific provisions that guarantee compliance with Standards A4.2.1, paragraphs 8 to 14, and A4.2.2 of the Convention. The Committee requests the Government to adopt the necessary measures without delay to give effect to these provisions of the Convention.

Regulation 4.3 and Standard A4.3, paragraphs 5, 6 and 8. Health and safety protection and accident prevention. Reporting, statistics and investigation. Risk evaluation. Noting the Government’s indication that these matters will be addressed in the Regulations, the Committee requests it to indicate the measures adopted to give effect to Standard A4.3, paragraphs 5, 6 and 8.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee requests the Government to provide information on any progress achieved in the development of welfare facilities for seafarers in appropriate ports, after consultation with the shipowners’ and seafarers’ organizations concerned.

Regulation 4.5 and the Code. Social security. The Committee notes that the Government has not provided further information in reply to its previous request. In this context, the Committee recalls that, although the Special Act contains provisions on the social security of seafarers, it only applies to seafarers of Honduran nationality or resident in Honduras who are recruited to work on cruise ships by any national or foreign natural person or association, enterprise, corporation or recruitment agency with its domicile in Honduras. The Committee requests the Government to indicate the manner in which it ensures the protection provided by the national social security system for seafarers of Honduran nationality or who are ordinarily resident in Honduras and work on ships covered by the Convention when they are recruited by shipowners or placement services that are not domiciled in Honduras.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes that, in reply to its previous comments, the Government has provided a list of recognized organizations which are authorized to carry out inspection and certification functions in accordance with the MLC, 2006. The Committee takes note of this information.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. In view of the absence of a reply from the Government, the Committee once again requests it to provide one or more copies of the Declaration of Maritime Labour Compliance (DMLC), Part II, duly certified by the competent authority.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaints procedures. The Committee notes the Government’s indication, in reply to its comments, that this matter will be addressed in the Regulations. The Committee requests the Government to indicate the measures adopted to give effect to Regulation 5.1.5 and Standard A5.1.5.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. The Committee notes the Government’s indication, in reply to its comments, that this matter will be addressed in the Regulations. The Committee requests the Government to indicate the measures adopted to give effect to Regulation 5.1.6.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. Noting the Government’s indication that these matters will be addressed by the Regulations, the Committee requests it to indicate the measures adopted to give effect to Regulation 5.2.2 and the Code.