Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee regrets to note that the Government's report has not been received, but notes the debates that took place at the Conference committee in 1992.

The Committee recalls that the following provisions of the Labour Code are not consistent with the Convention:

- section 2(1) which excludes from the scope of the Code workers in certain agricultural or stock-raising enterprises;

- section 472 which prohibits more than one trade union in a single enterprise, institution or establishment;

- sections 510 and 541 which establish certain requirements for eligibility to trade union office, such as Honduran nationality (subsection (a)), and being engaged in the corresponding occupation (subsection (c));

- sections 495, 537, 555, 558 and 563 which impose restrictions on the right to strike;

The Committee notes the information supplied by the Government at the Conference committee in 1992 to the effect that the adoption of a new Labour Code or a substantial reform of the existing one will be the result of tripartite consultations, and that account will be taken of the comments of the Committee of Experts and that technical assistance from the ILO will be considered.

The Committee once again expresses the hope that the reform of the Labour Code will be adopted, in order to bring the legislation into line with the provisions of the Convention thereby eliminating the discrepancies that the Committee has been pointing out for many years.

The Committee asks the Government to inform it of any developments in this respect and reiterates that technical assistance may be requested from the ILO.