Labor Inspection Law
On February 27, 2015, the US Department of Labor Delivered to the State of Honduras through the Ministry of Labor and Social Security (STSS) “The Public Report of the Review of Public Communication to the US”, which makes a series of recommendations that involve improving and strengthening The legal framework so that effective respect of labor rights can be guaranteed. This report refers to the non-compliance of the Labor Chapter of CAFTA-DR by 17 companies established in Honduran territory.
The ILO Committee of Experts in the framework of the 104th International Labor Conference in 2015 urged the Government of Honduras to strengthen its scheme to monitor compliance with labor legislation. On July 27, 2015, the draft of the Labor Inspection Law was drafted, with the presence of Private Sector Representatives (COHEP, CCIT, ANDI, AHM), Confederations of Workers (CGT, CTH, CUTH), as part of the socialization process, the COHEP called on its guilds to participate in the revision of the Draft Law presented by the STSS. On January 21, 2016, the last meeting of the Tripartite Commission was held at the facilities of the AHM in the City of San Pedro Sula.
On January 19, 2017, the national congress passed the Labor Inspection Law, under legislative decree 178-2016 as an act since its publication on March 15, 2017 in the official newspaper La Gaceta.
The purpose of the law is to regulate the Integrated Labor Inspection and Social Security System (SRNSP) to promote and monitor compliance with labor standards, occupational safety, health and social security, corresponding in case of infringement or breach in the workplace.
The Simplified National Registry of Employers (SRNSP) is created, which will be under the responsibility of the Secretariat of Labor and Social Security through the General Directorate of Labor Inspection, which will register all natural and legal persons who perform Industrial, commercial and service activities, or industrial base and those who perform work for the benefit of others, be they intermediaries, contractors and private employment agencies and as a consequence of these activities employ people in any of the modalities contained in the Labor law.
The Technical Audit of the Inspection is created which will be attached to the Office of the Secretary of State in the Offices of the Secretariat of Labor and Social Security and will enjoy technical independence, objectivity and impartiality. Its organization and functions will be regulated in the regulations of the Labor Inspection Law.
In particular, the obstruction of the Inspector’s work shall be considered an administrative infraction, being understood as such the actions or omissions of the employers or their representatives, dependent persons or their organizational environment, whether or not they are workers, contrary to the duty of collaboration with Inspectors of Labor, as established by the Law. It also constitutes an act of obstruction of the Inspector’s work, the unjustified refusal or the impediment to an inspection in a work center or in certain areas thereof.
When fundamental rights of workers protected by the Constitution of the Republic are violated, Labor law and international labor standards ratified by Honduras, whose damage is not quantifiable in money, will be imposed a penalty or fine established in this law. Also when the employer fails to comply with the obligation to enter into a collective agreement, or any person who, through violence or threats, in any way violates the right to freedom of association, the administrative offense is considered as one.