Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Honduras (Ratification: 1956)

The Committee notes the Government’s report and recalls that its previous comments referred to:

-  the exclusion from the scope of the Labour Code, and thus from the rights and guarantees of the Convention, of workers in certain agricultural or stock-raising enterprises (section 2(1));

-  the prohibition of more than one trade union in a single enterprise, institution or establishment (section 472);

-  the requirement of more than 30 workers to constitute a trade union (section 475);

-  the requirement that the officers of a trade union, federation or confederation must be Honduran (sections 510(a) and 541(a)), be engaged in the corresponding activity (sections 510(c) and 541(c)) and be able to read and write (sections 510(d) and 541(d));

-  restrictions on the right to strike, namely:

-  the requirement of a two-thirds majority of the votes of the total membership of the trade union organization in order to call a strike (sections 495 and 563);

-  the ban on strikes being called by federations and confederations (section 537);

-  the power of the Ministry of Labour and Social Security to end disputes in the petroleum production, refining, transport and distribution services (section 555(2));

-  the need for government authorization or a six-month period of notice for any suspension or stoppage of work in public services that do not depend directly or indirectly on the State (section 558); and

-  the submission to compulsory arbitration, without the possibility of calling a strike for as long as the arbitration award is in force (two years), of collective disputes in public services which are not essential in the strict sense of the term (sections 554(2) and (7), 820 and 826).

Exclusion from the scope of the Labour Code, and thus from
the rights and guarantees of the Convention, of workers in
certain agricultural or stock-raising enterprises (section 2(1))

The Committee regrets that the Government does not reply specifically to the comments that the Committee has made in previous years on this matter. The Committee therefore expresses the firm hope that in the near future this legal restriction will be abolished. In this respect, the Committee hopes that this amendment will be introduced in the context of the reform of the labour legislation to which the Government refers.

The prohibition of more than one trade union in a single
enterprise, institution or establishment (section 472)

The Committee notes the Government’s indication that, from an economic and labour point of view, it is not appropriate for workers to establish two or more organizations in the same enterprise and that the representatives of workers and employers have been consulted on this matter and have themselves indicated that the existence of two or more organizations would lead to anarchy and duplication, as well as uncertainty among workers. The Committee recalls that Convention No. 87 envisages trade union pluralism, which should remain possible in all cases. The law should not therefore institutionalize a factual monopoly, even in a situation where it has been agreed to at some point by all workers. Indeed, the workers should still remain free to choose to set up unions outside the established structures, should they so wish (see General Survey on freedom of association and collective bargaining, 1994, paragraph 96).

Requirement of 30 workers to constitute a trade union (section 475)

The Committee notes the Government’s indication that the above provision will be subject to tripartite consultation in the context of the forthcoming reforms of the Labour Code.

Requirement that the officers of a trade union, federation or
confederation must be Honduran (sections 510(a) and 541(a)),
be engaged in the corresponding activity (sections 510(c) and 541(c))
and be able to read and write (sections 510(d) and 541(d))

The Committee notes the Government’s indication that the preliminary draft of the Labour Code has taken into account the observations made on many occasions on these matters. The Committee nevertheless notes that section 504, as amended by Decree No. 760 of 25 May 1979, removed the restriction that 90 per cent of trade union members must be of Honduran nationality, thereby securing for foreign nationals the right to join any trade union organization, but that it provides that foreign nationals shall not be eligible for trade union office. In this respect, the Committee points out that provisions on nationality which are too strict could deprive some workers of the right to elect their representatives in full freedom. In this respect, the Committee considers that the national legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country. With regard to the requirement to be engaged in the corresponding activity, the Committee also considers that this provision may infringe the right of organizations to elect representatives in full freedom, as well as running the risk that employers may dismiss trade union officers, which would deprive them of their trade union office. It would be desirable to make the legislation more flexible, either by admitting as candidates persons who have previously been employed in the occupation concerned, or by exempting from the occupational requirement a reasonable proportion of the officers of an organization (see General Survey, paragraphs 117 and 118).

Restrictions on the right to strike

-  With regard to the ban on strikes being called by federations and confederations (section 537), the Committee recalls that, in accordance with Articles 3, 5 and 6 of the Convention, workers’ organizations, as well as the federations and confederations that they have established or joined, have the right to organize their activities and to formulate their programmes.

-  With regard to the requirement of a two-thirds majority of the votes of the total membership of the trade union organization to call a strike (sections 495 and 563), the Committee notes the Government’s expression of its intention to hold tripartite consultations and that it will take into account the observations made by the Committee. The Committee hopes that the above observations and the outcome of the tripartite consultations on this matter will be taken into account in the context of the forthcoming reforms of the Labour Code.

-  With regard to the power of the Minister of Labour and Social Security to end disputes in the petroleum production, refining, transport and distribution services (section 555(2)), the need for government authorization or a six-month period of notice for any suspension or stoppage of work in public services that do not depend directly or indirectly on the State (section 558) and the submission to compulsory arbitration, without the possibility of calling a strike for as long as the arbitration award is in force (two years), of collective disputes in public services which are not essential in the strict sense of the term (sections 554(2) and (7), 820 and 826), the Committee notes the information provided by the Government that the above provisions have been submitted to tripartite consultation in the context of the reforms to the labour legislation.

The Committee expresses the firm hope that in the very near future appropriate measures will be taken to amend the legislative provisions referred to above in order to bring them into conformity with the requirements of the Convention. The Committee requests that the Government provide copies of the preliminary draft texts mentioned and supply information in its next report on any developments in this respect. The Committee draws the Government’s attention to the availability of ILO technical assistance.