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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the Government’s report and the observations made by the Workers’ General Central Union (CGT), the Single Confederation of Workers of Honduras (CUTH) and the Honduran National Business Council (COHEP), attached to the report. The Committee also notes the observations made by COHEP and the International Organisation of Employers (IOE), received on 31 August 2016.

The Committee recalls that, in its previous comments, it requested the Government to indicate the manner in which it is ensured that workers hired under the anti-crisis programme established by Decree No. 230-2010 effectively enjoy the protection afforded by the Convention. In this respect, the Committee notes the Government’s indication that this Decree was converted into the Hourly Employment Act by virtue of Decree No. 354-2013 and that, based on sections 1 and 6 of the Act, workers enjoy the protection set out in the Convention. The Committee also notes that, according to the CGT, a wage protection system already exists in the Labour Code and that the CUTH has asked for the Hourly Employment Act to be repealed. The Committee further notes that the COHEP and the IOE indicate that workers contracted under the new Hourly Employment Act enjoy the protection set out in the Convention. The Committee observes that sections 1 and 6 of the Act provide that: (i) the Act is consistent with the Constitution of the Republic, labour and social security legislation and the ratified International Labour Organization Conventions; and (ii) payment of the basic wage must be made in legal tender. In addition, the Committee notes that section 14, as well as clause 16 of the model contract under this Act, provide that any case not provided for by the Act or in the contract must be resolved in accordance with the principles of labour law, international labour Conventions and the respective provisions of the Labour Code. The Committee notes all this information.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes the observations of 31 August 2010 and 31 March 2011 made by the Single Confederation of Workers of Honduras (CUTH), the Workers’ General Central Union (CGT) and the Workers’ Central Union of Honduras (CTH), as well as the Government’s reply of 22 November 2011, concerning the application of the Convention. The observations refer to a draft decree to establish a national anti-crisis plan for job creation, which has since been adopted and is now Decree No. 230-2010 of 4 November 2010. The Committee notes that in its technical comments on the draft decree, the Office observed that it allowed 30 per cent of the basic wage to be paid in the form of allowances in kind. Referring to the Committee’s direct request of 2006, the Office pointed out the limited conditions in which partial payment of wages in kind may be authorized. The Committee notes with interest, in this connection, that section 6 of Decree No. 230-2010 provides for payment of the basic wage solely in currency of legal tender.

Furthermore, the Committee notes that section 7 of Decree No. 230-2010 provides that workers hired under the anti-crisis programme are subject exclusively to the programme’s provisions as regards their rights and obligations and the benefits to which they are entitled. It notes that section 7 also provides that the workers concerned will nonetheless enjoy the fundamental rights established in the Labour Code and the eight ILO fundamental Conventions. In the Committee’s view, as currently worded, this provision suggests that only the provisions of the Labour Code relating to freedom of association, the right to collective bargaining, the prohibition of forced labour and child labour and non discrimination apply to these workers, to the exclusion of the provisions on wage protection among others. This view appears to be confirmed by the Government in its response to the observations of CUTH, CGT and CTH. The Committee therefore asks the Government to indicate how it is ensured that workers hired under the anti-crisis programme established by Decree No. 230 2010 effectively enjoy the protection afforded by Articles 3 to 15 of the Convention.

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

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.

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

The Committee notes the Government’s report.

Article 4 of the Convention. The Committee notes the Government’s statement to the effect that the national labour legislation does not provide for the partial payment of wages in kind. The Committee is bound to recall, in this regard, that article 366 of the Labour Code does provide for "additional benefits" in the form of food, housing and other articles to be received by rural workers only. The Committee also recalls the Government’s indication in earlier reports that payments in kind may also be authorized under specific collective agreements or arbitration awards for workers employed in industries or occupations in which such payment would be customary or desirable because of the nature of the industry or occupation concerned. The Committee would be grateful if the Government could further clarify its law and practice in this regard. It would also appreciate receiving copies of collective agreements which contain provisions regarding the partial payment of wages in the form of allowances in kind.