Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

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 in 2020, as well as the Government’s reply. The Committee also notes the observations of COHEP, received on 31 August 2021 and the Government’s response to these observations, received on 18 November 2021.

National Labour Inspection Strategy 2018–22. Further to its previous comments on the specific measures taken for the implementation of the National Labour Inspection Strategy, the Committee notes from the Government’s report that it is receiving ILO technical assistance, on which basis the cities of Tegucigalpa and San Pedro Sula have been established as pilot cities to implement the Strategy, in which labour inspectors from the various regional offices will participate. It also notes that the Government indicates that the priority areas of the Strategy target industry, trade, tourism, mining, transport, agriculture, as well as the informal economy. Regarding the progress made, the Committee notes the Government's indications relating to the training and diploma courses for inspectors on the application of labour law, as well as the provision of work equipment. The Committee also notes COHEP’s observations that: (i) the National Labour Inspection Strategy has been integrated into the Annual Operating Plan of the Secretariat of Labour and Social Security (STSS); (ii) the implementation of the Strategy has been carried out with all the regional inspectors of the General Directorate of Labour Inspection (DGIT), by introducing information workshops, during which the goals were established in an inclusive manner with all staff, taking into account the available resources; and (iii) to date, COHEP has not received an update from the STSS on the current status of the Strategy’s implementation. The Committee requests the Government to continue providing information on the specific measures taken to implement the National Labour Inspection Strategy, as well as on the progress made in pursuit of the established goals.

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. Further to its previous comments on the remuneration of labour inspectors and investigations launched against them, the Committee notes the Government’s indication that the lowest wage paid to a labour inspector is 11,200 Honduran lempiras (equivalent to US$464). The Government also indicates that labour inspectors receive wages graded according to their classification level, based on seniority, five-year bonuses and increments granted. The Committee further notes the Government’s indication that on 4 June 2018, it requested budgetary support from the Secretariat of State to cover the wages, as it does not have its own funds to carry out a wage adjustment at the national level. The Committee also notes that COHEP provides information on the budget allocated to the STSS in the general income and expenditure budget for the financial years 2020 and 2021. Regarding the investigations launched against labour inspectors, the Committee notes the information provided by the Government that, in 2018, 2019 and 2020, 74 disciplinary proceedings were undertaken, resulting in 40 complaints being set aside, 24 warnings, 8 suspensions without pay and 2 dismissals. The Committee also notes the Government’s indication regarding the creation of the Technical Inspection Audit, governed by sections 8, 20, 21 and 22 of the Labour Inspection Act. The Government indicates, in this regard, that tripartite efforts are under way to establish the Audit's operating procedure. The Committee requests the Government to continue providing information disaggregated by year on the number of complaints received against labour inspectors, indicating the grounds for such complaints, the number of investigations actually launched and their outcomes. It also requests the Government to provide information on the progress made on the functioning of the Technical Inspection Audit. The Committee also requests the Government to step up its efforts and take measures to ensure that the remuneration levels of labour inspectors are in line with those of other public officials carrying out similar functions. It also requests the Government to provide detailed information on the results achieved by these measures, including 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. Further to its previous comments on the progress achieved in the recruitment of labour inspectors, the Committee notes the Government’s indication that, to date, labour inspectors have been recruited on the basis of vacancies left by other inspectors who have retired. The Government reports that the DGIT has 169 labour inspectors nationwide, which allows the Committee to observe that there has been no new recruitment since December 2018. The Committee further notes COHEP's observations that labour inspectors have few financial resources allocated to their activities and that the number of labour inspectors is insufficient to meet the national labour inspection needs. Concerning inspection coverage and priority issues for labour inspection, the Government provides information on controls carried out through the various types of labour inspection, envisaged in the Labour Inspection Act (regular, extraordinary and advisory), in workplaces in prioritized sectors throughout the country. The Government also indicates that priority issues for labour inspection include wages, safety and health, child labour and freedom of association, and that priorities are determined on the basis of the number of complaints received and the violations identified through scheduled and advisory inspections. Finally, the Committee notes the information provided by the Government on the number of regular and extraordinary inspections disaggregated by year and region according to which, in 2019 and 2020, 3,356 regular inspections and 23,252 extraordinary inspections were carried out. It also notes that there was a fall in both regular and extraordinary inspections in the period 2018–20. The Committee urges the Government to take the necessary measures to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspection service. In this regard, it requests the Government to provide information on the efforts made to recruit new labour inspectors, indicating the updated number of active inspectors. The Committee also requests the Government to provide detailed information on the number of regular and extraordinary inspections carried out, including in the informal economy. Furthermore, it requests the Government to indicate the resources of the labour inspectorate allocated to labour dispute mediation and the number of cases mediated by labour inspectors each year.

Article 12(1)(a). Scope of labour inspectors’ free access to workplaces liable to inspection. In its previous comments, the Committee noted that section 15(I) of the Labour Inspection Act provides that labour inspectors are authorized to freely enter any workplace, establishment or place liable to inspection at any time of day or night, provided that work is in progress in the workplace. In this respect, it requested the Government to provide information on the application in practice of this requirement. The Committee notes the Government's indication that section 45 of the Labour Inspection Act ensures the employer’s participation in the inspection to ensure equality between the parties, transparency and fairness of the inspection. The Government adds that conducting an inspection in a workplace where no work is in progress would not safeguard these principles and could result in the invalidity of the proceedings, and thereby the ineffectiveness of the inspection and consequent impunity of labour violations. The Committee also notes COHEP's observations that section 33 of the Regulations Implementing the 2019 Inspection Act allows for days and hours to be designated for any type of inspection and provides that, in the event that the workplace to be inspected is not operating on the designated days and times, the labour authority will reschedule the inspection. The Committee notes that the designation of days and times for inspections restricts inspectors' free initiative to enter workplaces. The rescheduling of inspection in the event that the workplace is not operating on the designated days and times also leaves open the possibility that workplaces may close to prevent labour inspectors from verifying compliance with the legal provisions. The Committee recalls that the different restrictions placed in law on inspectors’ right of entry into workplaces can only stand in the way of achieving the objectives of labour inspection as set out in the Convention. It therefore requests the Government to take the necessary measures, without delay, to remove these restrictions to ensure that labour inspectors may enter freely and without previous notice, at any hour of the day or night, any workplace subject 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. In its previous comments, the Committee requested the Government to take the necessary measures to amend section 49 of the Labour Inspection Act, which establishes that, during the inspection, the labour inspector shall question the workers and the employer or their representatives separately and the questions shall only relate to the subject matter of the inspection, in order to avoid possible influence on the replies. The Committee observes that, to date, the provisions of section 49 of the Labour Inspection Act have not been amended. It also notes the Government's indications relating to the mechanism for interviewing the parties, that the questions should be directly related to the inspection and not to matters that do not fall within the labour inspector’s competence, or even less within the labour sphere. The Government adds that, while during extraordinary inspections, the labour inspector only addresses the content of the complaint lodged by the worker or their representative, in regular inspections the inspector has greater freedom in the questions they may ask, provided they stay within their labour-related area of competence. The Committee recalls that, under Article 12(1)(c)(i) of the Convention, labour inspectors shall be empowered to interrogate, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters concerning the application of the legal provisions. The Committee therefore urges the Government to take the necessary measures to amend section 49 of the Labour Inspection Act to ensure the conformity of national legislation with the provisions of Article 12(1)(c)(i) of the Convention.

Article 18. Adequate penalties for violations of the legal provisions enforceable by labour inspectors. Further to its previous comments, the Committee notes the information provided by the Government according to which, in 2019, penalties were imposed on 207 companies for a total of 39,359,143 lempiras (equivalent to US$1,629,599), and in 2020, penalties were imposed on 75 companies for a total of 344,220 lempiras (equivalent to US$14,251). The Committee notes that the Government does not refer to the number of violations detected relative to the penalties imposed, or to the nature of the penalties imposed. The Committee requests the Government to provide detailed information, disaggregated by year, indicating the number of labour law violations identified, the nature of such violations (wages, working time, occupational safety and health, child labour, and others), as well as the number of penalties imposed and the amount of fines paid.

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