Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Honduras (Ratification: 1956)

Comments by workers’ organizations. The Committee notes the Government’s reply to the comments of the International Trade Union Confederation (ITUC) dated 30 August 2013, which refer to pending legislative issues and allegations concerning:

(i) anti-union action in various enterprises in the country. In this respect, the Government indicates that in one of the cases denounced, the regional labour office did not find any threat or harassment of the members of the union, while in another case the labour inspectorate reported the illegal dismissal of members of the union, and the administrative procedure for the imposition of the corresponding fines is being applied;

(ii) violation of collective agreements. In this regard, the Government indicates that the Regional Labour Office of San Pedro Sula notified the enterprise of the violations identified and that the procedure for the application of the penalty is ongoing;

(iii) obstacles to collective bargaining. With regard to the case referred to by the ITUC, the Government indicates that the negotiation is at the mediation stage with a facilitator from the Secretariat of Labour and Social Security.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

The Committee notes the discussion on the application of the Convention by the Committee on the Application of Standards at the Conference in June 2013, in which emphasis was placed on the importance of the draft legislative reforms presented by the Government being subject to consultation with the social partners and being submitted in the near future to the legislative authorities, and during which the Government was requested to accept a direct contacts mission to ensure the full application of the Convention in law and practice. The Committee notes that the Government accepted the organization of the mission, which is planned from 21 to 25 April 2014.

Legislative matters. Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee recalls that for many years its comments have referred to:

• – The lack of adequate protection against acts of anti-union discrimination, since the penalties provided for in section 469 of the Labour Code are obviously insufficient and merely symbolic. The Committee notes the proposed amendment to section 469 presented by the Government, under the terms of which acts which violate the right to freedom of association would be punished by a fine of between five and 20 minimum wages, increased by 50 per cent in the event of repeated offences. The Committee expresses the firm hope that the direct contacts mission will be able to note tangible progress in the adoption of this amendment. Furthermore, the Committee recalls that in its previous comments it requested the Government to indicate specific cases in which section 321 of Decree No. 191-96 of 31 October 1996 (establishing penal sanctions for discrimination) has been applied in cases of anti-union discrimination. The Committee notes the Government’s indication in its report that since 2010 the Office of the Public Prosecutor has not received any complaints concerning the offence of discrimination against trade unions, but that over the same period the National Human Rights Commissioner (CNDH) examined 11 complaints of anti-union discrimination. The Committee requests the Government to continue providing information in its next report on the number of complaints of anti-union discrimination received by the Office of the Public Prosecutor, the CNDH and the labour inspectorate, and the outcome of the respective procedures.
• – The absence of full and adequate protection against any acts of interference, and sufficiently effective and dissuasive penalties against such acts. The Committee notes the proposed amendment to section 511 of the Labour Code, presented by the Government under the terms of which a list is established of persons who, in view of their links to the employer, cannot have access to trade union functions, with the election of such persons being declared void and a penalty for interference by employers being established in such cases of between five and 20 minimum wages. The Committee recalls that, under the terms of Article 2 of the Convention, remedies and penalties against acts of interference by employers with workers’ organizations have to include acts designed to promote the establishment of workers’ organizations under the domination of employers or employers’ organizations, or to support workers’ organizations by financial or other means, with the objective of placing such organizations under the control of employers or employers’ organizations. In this respect, the Committee observes that the proposed amendment to section 511 only addresses a part of the acts of interference envisaged in Article 2 of the Convention and once again requests the Government, in consultation with the social partners, to take the necessary measures to amend the legislation with a view to covering all the acts of interference envisaged in the Convention.

Article 6. Right of collective bargaining of public servants not engaged in the administration of the State. In its previous comments, with a view to ensuring that public employees who are not engaged in the administration of the State benefit from the guarantees afforded by the Convention, the Committee requested the Government to take the necessary measures to amend sections 534 and 536 of the Labour Code, which provide that unions of public employees may not submit lists of claims or conclude collective agreements. The Committee notes the proposed amendments to these sections presented by the Government under which unions of public employees would be able to submit lists of claims, and unions of public officials would have the same functions as other workers’ unions and their lists of claims would be dealt with in the same way as those of other workers, even when they cannot call or carry out a strike. The Committee expresses the firm hope that consultations on this proposed amendment will be held with the social partners and that the direct contacts mission will be able to note tangible progress in the reform of the legislation to the effect that public servants who are not engaged in the administration of the State, whether they are public employees or public officials, are able to benefit from the right to collective bargaining.

Adoption of the Basic Act on Employment and Economic Development Zones (ZEDE). The Committee notes the Basic Act on ZEDEs (Decree No. 120-2013 of 12 June 2013), under the terms of which ZEDEs are authorized to adopt their own policies and standards (section 1) and will have autonomous and independent tribunals with exclusive competence in ZEDEs (section 3). It also notes section 35 of the Act, under which ZEDEs are required to guarantee the labour rights of workers within the parameters established by international treaties on labour matters concluded by Honduras, as well as the provisions adopted by international organizations, such as the International Labour Organization (ILO). The Committee further notes that ZEDEs are authorized to adopt their own standards to guarantee labour protection and freedom of association (section 33), and that they are required to used mediation, conciliation and arbitration for the peaceful settlement of labour disputes (section 35). With a view to ensuring that the provisions of the Convention are applied effectively throughout the country, the Committee requests the Government to provide information in its next report on the standards adopted by ZEDEs respecting the right to organize and collective bargaining.