Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Honduras

Weekly Rest (Industry) Convention, 1921 (No. 14) (Ratification: 1964)
Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) (Ratification: 1960)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest in industry) and 106 (weekly rest in commerce and offices) in a single comment.

Article 2 of Convention No. 14 and Article 6 of Convention No. 106. In previous comments, the Committee noted the Government’s indication in its reports that Legislative Decree No. 38-2022, of 27 April 2022, published in the Official Gazette No. 35,909 of 28 April 2022, repealed Decree No. 354-2023, of 20 January 2014, containing the Hourly Employment Act. The Government adds that all workers hired under the Hourly Employment Act thus fall under the protection of the provisions of, inter alia, the Constitution of the Republic and the Labour Code. The Committee notes this information in response to its previous requests for information.

Article 5 Convention No. 14. Compensatory rest. Rail transport workers. The Committee notes that section 283 of the Labour Code relating to rail transport workers provides that: (i) enterprises may not habitually employ their workers on their weekly rest day, but may do so by way of exception by paying double the corresponding wage in proportion to the hours worked; (ii) enterprises shall not be required to pay double wages if they agree with the worker that he or she shall enjoy a substitute period of rest in the same week or one additional day of annual leave for each rest day worked, as an accrual of unused rest, provided that such agreement is in writing, in each case; and (iii) enterprises may not engage their workers on their rest day more than 12 times in each year, even under the above-mentioned conditions. The Committee observes that section 283 authorizes exceptionally financial compensation for the unused weekly rest day without providing for an equivalent compulsory compensatory period of rest in all cases, including where financial compensation, whatever its amount, is granted to the worker. The Committee recalls that Article 5 of the Convention provides that each Member shall make, as far as possible, provision for compensatory periods of rest for the suspensions or diminutions made in virtue of Article 4, except in cases where agreements or customs already provide for such periods. The Committee requests the Government to indicate measures envisaged or taken to give effect to this Article of the Convention. The Committee also requests the Government to indicate how often and under what circumstances section 283 is applied in practice whereby workers who have worked on their rest day are granted financial compensation in lieu of a compensatory day of rest.