Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Honduras (Ratification: 2012)

Part II (Medical care). Article 9 in conjunction with Article 1 of the Convention. Dependent spouses and children. In its previous comments, the Committee observed that the national legislation defines the term “child” as a person under 11 years of age and only authorizes the spouses of the principal insured person to benefit from medical maternity benefit and invited the Government to indicate the measures adopted or envisaged to bring the legislation into conformity with the Convention. The Committee notes with interest the Government’s indication in its report that section 60 of Decree No. 56-2015, the Framework Act on the Social Protection System, establishes that the minor children are covered by the Social Protection System until they reach 18 years of age, and without an age limit when there is some kind of particular disability or incapacitating terminal or chronic disease. The Committee requests the Government to indicate, where possible, the number of spouses and dependent children covered.

Part VIII (Maternity benefit). The Committee notes the information provided by the Government in reply to its previous request in relation to medical benefits for maternity.

Part XI. Standards to be complied with by periodical payments. Articles 65 and 66. Level of periodical payments. The Committee notes the information provided by the Government in reply to its previous request regarding whether it wishes to have recourse to Article 65 of the Convention and the number of persons covered, as well as the indication of the level of periodical payments made for the various contingencies accepted for the Convention.

Article 65(10). Review of the current periodical payments. The Committee recalls that Article 65(10) of the Convention provides that the rates of current periodical payments in respect of old age, employment injury, invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. The Committee once again requests the Government to provide information on the review of the rates of current periodical payments in respect of old age, invalidity and death of breadwinner, in accordance with Article 65(10) of the Convention.

Part XIII (Common provisions). Suspension of benefit. The Committee notes the information provided by the Government in relation to its previous comment on the scope and application in practice of the authorization to suspend benefit in the event of closure of the enterprise for over 30 days, which is not included in the reasons enumerated in Article 69 of the Convention.

Part XIV (Miscellaneous provisions). The Committee notes the information provided by the Government in reply to its previous comment.

Articles 71(1) and (3) and 72(1), and application of the Convention in practice. Structural reforms of the system. In its previous comment, the Committee requested the Government to indicate the progress made as regards the envisaged reform, along with information on the actuarial studies undertaken or planned for this purpose and the consultations held to ensure social and political support for the reforms. The Committee notes with interest the adoption of Decree No. 56-2015, the Framework Act for the Social Protection System, examined in several meetings by the new Economic and Social Council (CES), established through Decree No. 292-2013 and Decree No. 77-2016, which introduces changes to the Private Contributions Scheme and other institutions in accordance with the new provisions. The Committee notes that the Act is based on, inter alia, a basic protection pillar known as the “social protection floor”. The Committee also notes Executive Decision No. STSS-008-2017, agreeing to partially amend the proposal sent to the Executive Branch on employers’ and workers’ contributions to finance the different regimes and pillars of the Social Protection System. The Committee requests the Government to provide detailed information on the impact of the new legislation on the application of the Convention, particularly Parts V, IX and X, along with information on Executive Decision No. STSS-008-2017 on employers’ and workers’ contributions, recalling that Article 71(1) of the Convention provides for the collective financing of social security, avoiding financial hardship to persons of small means. Lastly, in accordance with Article 71(3) of the Convention, the Committee requests the Government to continue providing the results of actuarial studies concerning the financial equilibrium of the social security system.