Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Minimum Age Convention, 1973 (No. 138) - Honduras (Ratification: 1980)

The Committee notes the observations of the Honduran National Business Council (COHEP), received on 31 August 2018, with the support of the International Organisation of Employers (IOE), and the Government’s reply to these observations.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the information on the extension of the scope of action by labour inspectors set out in the Code for Children and Young Persons, as revised, and it requested the Government to take the necessary measures to adapt and reinforce the capacities of the labour inspection services. It also requested the Government to provide information on the new legislation on labour inspection which was under preparation.

The Committee notes the COHEP’s observations, according to which the number of labour inspectors is lower than required, particularly for the informal economy, even though the Government has indicated that measures have been taken to reinforce the capacity of labour inspectors. The COHEP indicates that the Regulations of the new Act should be approved by the end of 2018 and that they are being formulated through tripartite consultations. The COHEP emphasizes that it has followed the national plan for child labour in enterprises and that there are no children in the enterprises which are members of the COHEP.

The Committee takes due note from the Government’s report and its reply to the observations of the COHEP of the adoption of the new Decree on labour inspection, Statutory Decree No. 178-2016, by the National Congress of the Republic, which entered into force on 15 March 2017. The new Decree also guarantees the deployment of young workers under decent conditions and prohibits work by children below the minimum statutory age of 14 years. A new administrative procedure has also been established which includes financial penalties of 100,000 lempiras in cases where the labour inspection services detect the presence of children engaged in work below the minimum statutory age of 14 years, or children without the authorization to work. Inspectors are also required to remove children engaged in hazardous types of work for their health and safety. A chapter has been included on advisory technical inspections in the most vulnerable sectors, such as the informal economy, where most child labour is found. Furthermore, since January 2018, an electronic application for the public denunciation of child labour has been developed. Denunciations are referred to labour inspectors so that they can be followed up through inspections.

The Committee notes that, since the entry into force of the new Act, the Government has undertaken 187 labour inspections in 2017 and 76 of the 175 scheduled inspections for 2018. During these inspections, a total of 185 girls and boys were heard and inspectors evaluated the jobs for which authorizations had been requested for young workers in order to verify and confirm that they do not endanger the children.

The Committee notes that the Road map to ensure that Honduras is a country free of child labour was approved as a public policy on child labour by Executive Decrees Nos PCM-11-2011 and PCM-056-2011, which were attached to the report, and that a new strategic planning document for the period 2016–20, prepared with the participation of the main stakeholders, is undergoing approval by the various sectors. This document allows each institution and organization to plan its annual activities in light of the six dimensions of the public policy. It is also based on the Agenda 2030, the Regional Initiative for Latin America and the Caribbean Free of Child Labour and the Alliance for Prosperity Plan, international standards and national regulations. The action taken to combat child labour in the context of the strategic plan as well as the stages of its implementation will be recorded in the results-based management platform. The Committee requests the Government to continue providing information on the manner in which the Convention is applied in practice, including in particular statistics on the employment of children under 14 years of age, extracts from the reports of the labour inspection services and information on the number and nature of the violations detected and penalties imposed. Taking into account the strategic plan 2016–20 of the national Road map to ensure that Honduras is a country free of child labour, the Committee requests the Government to provide information on the implementation of the Road map.

Article 2(1) and (4). Scope of application and minimum age for admission to employment or work. In its previous comments, the Committee noted that, under the terms of section 32(2) of the Labour Code, the authorities responsible for supervising work by persons under 14 years of age could authorize them to engage in an economic activity if they considered it indispensable for their subsistence or that of their parents or brothers and sisters, and provided that it did not prevent them from attending compulsory schooling. It also noted that, under the terms of section 2(1) of the Labour Code, agricultural and stock-raising undertakings that do not permanently employ more than ten workers are excluded from the scope of application of the Labour Code. It further noted that, under the terms of sections 4 to 6, the Regulations on child labour of 2001 only apply to contractual labour relations. The Government indicated in this respect that a draft revision of the Labour Code had been prepared containing provisions to bring the national labour legislation into conformity with the international Conventions ratified by Honduras. The Committee urged the Government to take the necessary measures to bring the Labour Code and the Regulations on child labour of 2001 into conformity with the Code on Children and Young Persons of 1996. It requested the Government to provide information on the progress achieved in this respect.

The Committee notes, according to the COHEP’s observations, that it has not been informed of the fact that the Labour Code is awaiting examination, approval and publication by the National Congress. The representatives of enterprises expressed interest in engaging in a comprehensive reform of the Labour Code, but have not yet been received by the Government. The Committee notes the COHEP’s indications that no reform has been discussed in the tripartite Economic and Social Council.

The Committee notes the Government’s reply to the COHEP’s observations to the effect that in 2014 a discussion was commenced with the social partners, during which workers’ organizations expressed reservations regarding the reforms to the Labour Code. The Committee notes the Government’s indications that it assumes its commitments and will submit the current reforms for discussion by the Economic and Social Council and prepare a Road map which will make it possible to continue the harmonization of the Labour Code with a view to reaching agreement. Accordingly, the reforms are to be submitted to the National Congress with the prior opinion of the Supreme Court of Justice.

The Committee notes that, according to the Government’s report, the reform or revision of the Labour Code is awaiting examination, approval and publication by the National Congress and will be discussed in plenary session. The Committee also notes once again Executive Decree No. PCM-05-2015, adopted by the Government, which is intended to adapt the integration of the National Commission for the Progressive Eradication of Child Labour to the Government structure through a comprehensive approach incorporating other organizations and institutions with similar responsibilities with the objective of articulating, evaluating and guaranteeing the implementation of the national plan through the public policy and the Road map.

The Committee reminds the Government that, under the terms of Article 2(1) of the Convention, no one under the age specified shall be admitted to employment or work in any occupation, subject to the exemption set out in Articles 4 to 8 of the Convention. It also reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not they are performed within the framework of an employment relationship or a labour contract, and whether or not the employment or work is paid. Observing that the Government has been referring to the revision of the Labour Code for over ten years, the Committee once again urges the Government to take the necessary measures to bring the Labour Code and the 2001 Regulations on child labour into conformity with the Code for Children and Young Persons of 1996 so as to ensure that no child under 14 years of age is authorized to work, including children working in agricultural and stock-raising undertakings which do not permanently employ more than ten workers, and those who work on their own account. It once again requests the Government to provide information on the progress achieved in this respect.

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