Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 81) sur l'inspection du travail, 1947 - Honduras (Ratification: 1983)

The Committee notes the observations of the Honduran National Business Council (COHEP), received on 30 August 2024.

National Labour Inspection Strategy. The Government indicates measures taken to implement the National Labour Inspection Strategy, including: (i) the updating of the Procedural Operating Manual for the General Labour Inspectorate (DGIT); (ii) the establishment of a digital platform for the System for Labour Cases of Honduras; (SIHCAL); (iii) training provided to labour inspectors, including the labour legislation certificate for 60 labour inspectors at the national level; (iv) workshops in 2022 and 2023 to monitor the achievement of targets and planning of indicators, within the framework of the cross-cutting pillars and priority areas of the National Labour Inspection Strategy; and (v) the development of the Promotion Plan for the National Labour Inspection Strategy and the ILO principle of social dialogue, which involves the social partners and highlights the importance of knowledge management and the incorporation of good practices in labour relations.

The Committee also notes that the National Labour Inspection Strategy was updated in 2022 and that it includes monitoring, enforcement and prevention measures, and strengthening of organizational development. In particular, the Committee notes the implementation of the Three for One: Regular Inspections Arrangements for the second half of 2022, which establish that for every regular inspection carried out, three additional inspections will be conducted, focusing on priority areas such as child labour and occupational safety and health.

In addition, the Committee notes the project, Strengthening Labour Inspection in Honduras to Improve Monitoring of Child Labour, being developed with the support of the ILO and the European Union through the Trade for Decent Work (T4DW) project, which aims to strengthen the labour inspection system and improve prevention and elimination of child labour, including training labour inspectors in this area and developing a strategic plan focusing on combating child labour.

The Committee requests the Government to continue to provide detailed information on progress made in implementing the National Labour Inspection Strategy and on additional measures adopted to ensure achievement of the set objectives.

Articles 3(1), 5(a), 12(1)(a) and (b), and 18 of the Convention. Obstruction of labour inspectors in the performance of their duties. With respect to the actions taken to guarantee the safety and integrity of labour inspectors and their free access to workplaces, the Committee notes the Government’s information that in cases related to commercial and sexual exploitation and trafficking in persons, regular inspections have been carried out together with the Public Prosecutor’s Office, the Inter-Institutional Committee against Commercial Sexual Exploitation and Trafficking in Persons of Honduras (CICESCT), the national police and the Department of Children, Adolescents and Family (DINAF). The Committee also notes the Government’s indication on the inspections carried out with the support of the national police: (i) in 2021, a regular inspection was carried out with the cooperation of the Public Prosecutor’s Office and the national police, where labour standards violations and possible human trafficking offences were found, resulting in the referral of the case to the competent authorities and the imposition of a fine, currently under appeal; and (ii) in 2022, there was close cooperation with national police to present the list of claims for a first collective bargaining agreement, due to the employers’ refusal to receive the inspectors. With respect to the cases of obstruction to the labour inspectorate, the Committee notes that in 2022 there were 16 fines for offences, totalling 4,000,000 Honduran lempiras (approximately US$161,288), in 2023 there were 37 fines for offences, totalling 9,592,720 lempiras (US$386,797) and between January and April 2024 15 fines for offences were imposed totalling 3,953,480 lempiras (US$159,412). The Committee requests the Government to continue to provide information on the number of inspections in which the police have ensured the integrity and safety of labour inspectors and their free access to workplaces. It also requests the Government to continue to provide information on the number of cases of obstruction of labour inspectors, as well as the number of penalties imposed in this regard.

Article 3(2). Further duties of labour inspectors. The Committee notes the information provided by the Government that industrial dispute mediation is incorporated into unscheduled inspections. The Committee requests the Government to indicate the measures taken to ensure that no further duties are entrusted to labour inspectors, and to identify the number of cases of mediation dealt with by the labour inspectors.

Article 7. Recruitment and training of labour inspectors. With regard to the examination methods and requirements to verify the qualifications of candidates for the duties of labour inspector, the Committee notes that the Government refers to the requirements set out in section 11 of the Civil Service Act, which establishes the conditions for entry into the Civil Service, which include meeting certain conditions for the position and passing competitive exams. The Government indicates that, once these requirements have been met, the appointing authority proposes the candidate for the post of general labour inspector, who attends an interview with the National Civil Service Administration (ANSEC) authorities, which has replaced the Civil Service General Directorate and is attached to the Secretary of State in the Office of the Presidency. The Committee also notes the information provided by COHEP, indicating that the competitive exams consist of general psychotechnical tests designed to assess various aspects of candidates’ cognitive and mental abilities, and personality traits. With regard to the training imparted to labour inspectors for the performance of their duties, the Committee notes the Government’s information that the training courses held in 2023 and 2024 covered topics such as maritime safety, compliance with the Convention and human rights, and occupational health and safety. The Government also provides details on the duration of these courses and the number of inspectors participating. It further indicates that technical audits have been carried out to oversee inspections of the General Labour Inspectorate (DGIT), where problems, such as files that are disordered, missing page numbers and reports, are identified. The Committee also notes that the Government indicates that inspectors claim there is a lack of training for the proper establishment of records. The Committee requests the Government to provide information on the measures adopted or envisaged to improve training for labour inspectors, aimed at ensuring the proper establishment and management of inspection files.

Article 11. Adequate financial and material resources, including transport facilities. The Committee notes the information provided by the Government indicating that since 2022 the necessary maintenance and repairs have been carried out on the vehicles used by the labour inspection offices, and that eight vehicles have been allocated to six regional offices and a subregional labour office. The Government reports that, of the 16 vehicles available to the regional offices, seven are in bad condition and awaiting maintenance work while in the Tegucigalpa office, of the 18 vehicles available, three are awaiting repair. The Government indicates that the main offices and 11 regional offices have their own vehicles and that, with the maintenance rounds scheduled in 2024, it is hoped that all assigned offices will be operative and in good condition. The Committee requests the Government to continue to provide information on the measures adopted to ensure that the country’s 20 labour inspection offices have the necessary means of transport for the discharge of their duties when there is no appropriate public transport.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the information provided by the Government that, pursuant to section 435 of the Labour Code, the employer must notify the General Labour Inspectorate or its representatives of occupational accidents within 24 hours and within the following three days must provide the information necessary to determine the cause of the accident. With regard to data on industrial accidents and occupational diseases, the Government indicates that in 2021 182 accidents, 73 occupational diseases and 12 deaths were reported; in 2022 165 accidents, 37 occupational diseases and 12 deaths were reported; in 2023 152 accidents, 117 occupational diseases and 18 deaths were reported; and between January and April 2024, there were 51 accidents, 50 occupational diseases and two deaths. The Committee nevertheless notes that the notification requirement mentioned by the Government in section 435 of the Labour Code refers only to industrial accidents and does not include occupational diseases. The Committee therefore once again requests the Government to provide information on the notification mechanism for occupational diseases established in the law, indicating the relevant sections. The Committee also requests the Government to continue to provide information on the number of industrial accidents and occupational diseases duly notified to the labour inspectorate, as well as the number of fatalities. With regard to its comment on the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Committee also requests the Government to provide information on the number of industrial accidents and occupational diseases that occurred during dive-fishing activities carried out by the Miskito people.

Article 17. Prompt legal or administrative proceedings. The Committee notes the Government’s indication that the reforms required to ensure that labour inspectors have the discretion to institute judicial proceedings immediately, without previous warning, require amendments to both the Inspection Act and its Regulations. The Government also indicates that these reforms could meet limitations owing to their potential conflict with the procedures established in the Administrative Procedure Act in force. The Committee requests the Government to indicate the provisions of the Administrative Procedure Act that could hamper the legislative reform of the Inspection Act and its Regulations. The Committee once again requests the Government to adopt measures, including reforms of the current legislation, to ensure that labour inspectors have the discretion to institute judicial proceedings immediately, without previous warning, and that any exceptions to such discretion are limited. The Committee recalls that the Government may avail itself of the technical assistance of the Office in this matter.

Article 18. Adequate penalties for violations of the legal provisions enforceable by labour inspectors. In response to its previous request, the Committee notes the information provided by the Government that the following numbers of violations were identified: 1,888 in 2021; 3,604 in 2022; 3,481 in 2023; and 112 between January and April 2024. The Committee also notes the list of violations found in 2023 and 2024, which includes matters such as wages and working time. It further notes that 116 enterprises were penalized in 2023 and 30 enterprises between January and April 2024. With regard to fines, the Government indicates that in 2023, fines of 18,665,470 lempiras (equivalent to US$752,629) were imposed and 1,394,197 lempiras (equivalent to US$55,800) were paid, while between January and April 2024, fines of 9,199,172 lempiras (equivalent to US$370,929) were handed down and 128,000 lempiras (equivalent to US$5,130) were paid. The Committee requests the Government to continue to provide detailed information, disaggregated by year, indicating the number of violations of labour law identified, the nature of those violations, as well as the number of penalties imposed and the amounts of the fines paid.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the activities of the labour inspection services. The Committee notes the Government’s information that on 19 January 2024, through SETRASS Agreement No. 625-2023, the establishment of the System for Labour Cases of Honduras (SIHCAL) was approved, designed as a tool to support the services of the Labour and Social Security Secretariat (SETRASS), to facilitate utilization, registration and electronic documentation relating to the Simplified National Registration System for Employers (SRNSP). In its observations, COHEP indicates that employers and workplaces have six months from the publication of the Agreement to register in the SRNSP. The Government also reports that the General Labour Inspectorate has conducted nationwide training days to promote the new registration system and that, between January and May 2024, 709 workplaces at national level were registered in the SRNSP. The Committee requests the Government to continue to provide information on the progress of the implementation of the Simplified National Registration System for Employers (SRNSP). The Committee also once again requests the Government to make every effort to ensure, without delay, that annual inspection reports are published and submitted to the ILO in accordance with the requirements of Articles 20 and 21 of the Convention.