Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Protection of Wages Convention, 1949 (No. 95) - Honduras (Ratification: 1960)

The Committee notes the Government’s report and wishes to draw the Government’s attention to the following points.

Article 4 of the Convention. Partial payment of wages in the form of allowances in kind. The Committee notes the Government’s indication that no collective agreement envisaging the partial payment of wages in the form of allowances in kind has been registered with the Collective Contracts Department of the General Directorate of Labour. The Committee also notes the information provided by the Honduran Private Enterprise Council (COHEP), which indicates that allowances in kind – which do not concern rural workers – may take the form of housing or food and other items for immediate consumption, of a total value not exceeding 30 per cent of the wages and calculated on the basis of a price that is equal or lower than the cost price. With regard to the payment of wages in the form of spirits or harmful drugs, and notwithstanding the fact that, to date, such practices have not been recorded, the Committee trusts that the Government will adopt, in the near future, a provision formally prohibiting the use of all types of alcoholic beverages as a form of payment, in accordance with this Article of the Convention.

Article 10. Assignment of wages. The Committee notes that section 371 of the Labour Code establishes the conditions and limits in respect of which wages may be attached. The Committee asks the Government to indicate whether the conditions and limits in respect of which wages may be assigned are also prescribed by national legislation and, if so, to specify the relevant provisions.

Part V of the report form. The Committee notes the information concerning the strengthening of the implementation of the legislation through inspections. It also notes the statistical data relating to these inspections and the penalties that may be imposed if an offence is committed. The Committee would be grateful if the Government would continue providing general information on the manner in which the Convention is applied and, in particular, extracts from official inspection service reports indicating the number of visits carried out, the infringements recorded relating to the protection of wages, and the penalties imposed.